Loading...
2017-127 INSTRUMENT*2018011285 OR BK 5060 PG 294-299 (6 PGS) DATE: 1/30;2018 11:33:09 AM NEIL KELLY, CLERK OF THE CIRCUIT COURT LAKE COUNTY RESTRICTIVE COVENANT RECORDING FEES$52.50 (Grantee owns land and building.) THIS RESTRICTIVE COVENANT is hereby entered into this day of PecoAniet, , 20 /1-- , by City of Clermont, hereinafter referred to as "the Grantee;" and the State of Florida, Department of State, Division of Cultural Affairs, hereinafter referred to as the "Division". WHEREAS, the Grantee is the fee simple title holder of the land and the building(s) to be used as a cultural facility located at 938 Victory Way, Clermont, FL 34711. A legal description of the subject property is attached as Exhibit A and is made a part of this covenant. WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the amount of $500,000, to be administered by the Division and used only for the acquisition, renovation, and construction of the cultural facility, as required by Section 265.701(1), Florida Statutes. "Facility" is used herein to refer to the building(s) and associated land that will be used as a "cultural facility," as defined herein. WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require that this restrictive covenant be recorded to ensure that the facility will be used as "cultural facility," as defined herein, for at least ten (10) years following execution of the grant award agreement. NOW THEREFORE, in partial consideration for the Cultural Facilities Grant and in accordance with Section 265.701(4), Florida Statutes, the Parties agree to the following: 1.) This restrictive covenant shall run with the title to the facility and the associated land, shall encumber them, and shall be binding upon the Grantee and its successors in interest for (10) ten years following execution of the grant award agreement. 2.) The grant award shall only be expended for Project Title: West Lake Wetlands Performance/Event Area (18.c.cf.300.307) /1/� Page 1 of 5 CITY OF CLERMONT 685 W MONTROSE STREET CLERMONT FL 34711 3.) For the required duration of this covenant, the Parties agree that the Grantee shall own all improvements made to the facility and the associated land, funded in whole or in part by grant funds. 4.) The Division has the right to inspect the facility at all reasonable times to determine whether the conditions of the grant award agreement and this covenant are being complied with. 5.) The Grantee shall maintain the facility as a "cultural facility," defined as a building which shall be used primarily for the programming, production, presentation, exhibition or any combination of the above functions of any of the cultural disciplines defined in s. 265.283(7), F.S. These disciplines include, but are not limited to music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, visual arts, programs of museums, and other such allied, major art forms. 6.) This restrictive covenant will be violated if the Grantee or its successors in interest if the facility ceases to be used as a cultural facility, as defined above, within ten (10) years following the execution of the grant award agreement as required by Section 265.701(4), Florida Statutes. If the Grantee violates this restrictive covenant, it shall repay the grant funds to Division pursuant to the amortization schedule set forth below: a. If the violation occurs within five (5) years following the execution of the grant award agreement, 100% of the grant amount; b. If the violation occurs more than five (5) but less than six (6) years following execution of the grant award agreement, 80% of the grant amount; c. If the violation occurs more than six (6) but less than seven (7) years following the execution of the grant award agreement, 65% of the grant amount; d. If the violation occurs more than seven (7) but less than eight (8) years following execution of the grant award agreement, 50% of the grant amount; e. If the violation occurs more than eight (8) but less than nine (9) years following execution of the grant award agreement, 35% of the grant amount; and f. If the violation occurs more than nine (9) but less than ten (10) years following execution of the grant award agreement, 20% of the grant amount. 7.) Any amount due from the Grantee as a result of a violation of this re- strictive covenant shall be due in full within 90 days of the violation, or some other period of time as agreed upon by the parties 8.) If the entire amount due under the provisions of paragraph six (6) is not repaid by the Grantee within the time allotted, the Parties agree that the Divi- sion may obtain a stipulated judgment against the Grantee for the amount due plus interest at the current legal rate, and record it in the public records of the county where the land and cultural facility are located. The Parties further Page 2 of 5 agree that such a judgment shall be a stipulated judgment by virtue of full execution of this restrictive covenant; that it shall not require further approval of the Grantee to obtain; and that no trial or hearing shall be necessary to make such a stipulated judgment legally effective. Such a judgment, when recorded, shall be considered a valid lien upon Grantee's interest in the facility and the associated land, including all improvements funded in whole or part by grant funds. 9.) As a condition to receipt of grant funds, the Grantee shall: a. Record this covenant in the public records with the Clerk of the Circuit Court of Lake County, Florida; b. Pay fees associated with its recording; and c. Provide a certified copy of the recorded covenant to the Division. 10.) The Parties agree that the Division shall incur no tax liability as a result of this covenant. IN WITNESS WHEREOF, the Grantee hereby affirms that he/she has read this restrictive covenant, understands and agrees to its terms, and hereby affixes his/her signature accordingly. PARTIES and WITNESSES: jor e., - GRANTEE SIGNATURE GRANTEE NAME (print) 0 ___, ) r,niec ilC le r , +4/ 4 tk/Q , First Witness Signature First Witness Name (print) Second Wit ss Signatu Second Witness Name (print) (0 S 5 Lt). i'}1cm-h0 ( Shiiit GRANTEE ADDRESS Cit-tA VYtirk4f R.. 343-11 City State Zip Page 3 of 5 The State of Flori a County of I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that 4ai,b personally rNime) appeared as > for (Position) ( a of Qualifying Entity) known to me to be or proved to my satisfaction that he/she is the person de- scribed in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on '_„ )• 74orii.7/At2 Notary Public in and for The State of // My commission expires: 4/g24/9( Y PG [SEAL] ooitY , CARLIEZINKER * , * Commission#GG 128898 fid a� ExpIres July 27,2021 ''e• f IOP Bonded Ttuu Budget Notary Savkes Page 4 of 5 For the Division of Cultural Affairs: -- - R.A. Gray Building Sandy Shaughnessy, Director 500 S. Bronough St. Tallahassee, Florida 32303 &L ,0•/. 4, 1,0_._h /454-e_A.C) First Witness Signature First Witness Name (print) / (14----- �U 2_a n m e- D� . 1-C.((4. . . Second tness Signature Second Witness Name (print) The State of Florida County of I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that EaA"tSLl1eiz 4 personally (mgme) appeared as (7,G,tTr" for the Florida Department of State, (Position) Division of Cultural Affairs known to me to be or proved to my satisfaction that he/she is the per- son described in and who executed the foregoing instrument. Type of Identification Produced ( '( Vt .t*A.1 r1 CI Executed and sealed by me atic/, , Florida on \\ 6 1 18 iatl'Alk )42kAl`` I'L'• Notary Public in andfforrI ,, C The State of �� .0�OC - - iimI 'w,,,,,,,, RACHELLE ASHMORE 0 My commission expires: .5I 5 1 11 [SEAL] 1 °_;* Notary Public-State of Florida 4 :; : •,`C• Commission#FF 227474 ' <"-., My Comm.Expires May 5,2019 9on0ad tiroupit Natlonal Naary Asan. i This document was prepared by the following individual: Teri R. Abstein R. A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Page 5 of 5 LEGAL DESCRIPTION OF: 938 VICTORY WAY, CLERMONT, FLORIDA 34711 CLERMONT BEG ON W LINE OF SEC 24-22-25 WITH 25 FT NW'LY, MEASURED AT RIGHT ANGLES FROM CENTERLINE OF ACL RR R/W, THENCE SE'LY PARALLEL WITH SAID CENTERLINE OF RR R/W A DIST OF 174 FT, THENCE SW'LY AT RIGHT ANGLES FROM THE PRECEDING COURSE 3.50 FT TO A POINT 7.50 FT NW'LY MEASURED AT RIGHT ANGLE FROM CENTERLINE OF SAID RR R/W, THENCE SE'LY PARALLEL & CONCENTRIC WITH THE LAST MENTIONED CENTERLINE A DIST OF 300 FT, THENCE SE'LY 121 FT TO A POINT 7.70 FT NE'LY MEASURED AT RIGHT ANGLES FROM SAID LAST MENTIONED CENTERLINE, THENCE NE'LY 3.70 FT TO A POINT 25 FT NE'LY MEASURED RADIALLY, FROM CENTERLINE OF SAID RR R/W, THENCE SE'LY, CONCENTRIC WITH THE CENTERLINE OF RR A 54 FT TO A POINT 100 FT W'LY FROM W LINE OF WEST AVE, IF PROJECTED NW'LY, THENCE NW'LY PARALLEL WITH SAID WEST AVE TO S BORDER OF LAKE MINNEOLA, THENCE W'LY ALONG THE MARGIN OF SAID LAKE 650 FT TO W LINE OF SAID SEC 24, S ALONG SAID W LINE 150 FT TO POB PB 8 PGS 17-23 ORB 1503 PG 262