2178 Fort Mellon Ampitheatre Restrictive CovenantPrepared by:
Division of Cultural Affairs
R.A. Gray Building
500 S. Bronough Street
Tallahassee, Florida 32399
Return to:
City Clerk
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
407.688.5012
MARYANNE NOR
CLERK OF CIfi
BK 08438 Pg3
CLERK' S
RECORDER 031
RECORDING FE
RECORDED BY
RESTRICTIVE COVENANT
(City as Grantee owns land and will building.)
BE, SEMIPLE COUWY
CUIT COURT & COMPTROLLER
1921 — 19F5; 15pgs1
201.5032563
26/2015 03:11:51 f
ES 44.00
H DeVore
THIS RESTRICTIVE COVENANT is hereby entered into this° day of
Mfly-eh , 20 15 , by City of Sanford, hereinafter referred to as "the Land
Owner" and as "the Grantee;" and the State of Florida, Department of State, Division of
Cultural Affairs, hereinafter referred to as the "Division".
WHEREAS, the Land Owner is the fee simple title holder of the land located 300
North Park Avenue, Sanford, Florida 32772. A legal description of the subject property
is attached as Exhibit A and is made a part of this covenant.
WHEREAS, the Grantee owns the land and will own the building(s) used or to be used
as a cultural facility. "Facility" refers herein to the building(s) and associated land to be
used as the "cultural facility," as defined herein.
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.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to
require the recordation of this restrictive covenant 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, the Land Owner, and
their successors in interest for the period of (10) ten years following execution of the
grant award agreement.
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2.) The grant award shall only be expended for:
Project Title: Fort Mellon Amphitheater (Grant # 15.9.300.582)
3.) For the required duration of this covenant, the Parties agree that the Grantee shall
own all improvements to the facility and to 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 agreement and this covenant are being
complied with.
5.) The Grantee shall operate and 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, such as: music, dance, theatre, creative writing, literature,
painting, sculpture, folks arts, photography, crafts, media arts, and historical and
science museums."
6.) This restrictive covenant will be violated by 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 execution of 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 the 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 exe-
cution 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 ex-
ecution 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 ex-
ecution 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 restrictive
covenant shall be due in full within 90 days of the violation, or some other period of
time as agreed upon by the Parties.
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8.) If the entire amount due under the paragraph (6) is not repaid by the Grantee
within the time allotted, the Parties agree that the Division may obtain a stipulated
judgment against the Grantee for the amount due plus interest at the current legal
rate. The Parties further 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 or the Land Owner to obtain; and that no trial or hearing shall
be necessary to make such a stipulated judgment legally effective. The Division shall
have the right to enforce the stipulated judgment by resorting to any legal or
equitable available remedy including an action for specific performance.
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
Seminole County, Florida;
b. Pay all fees associated with its recording; and
c. Provide certified copy of the recorded covenant to the Division and to the Land
Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
IN WITNESS WHEREOF, the Grantee and the Land Owner hereby affirm that
they have read this restrictive covenant; that they understand and agree to its terms;
and that they hereby affix their signatures accordingly.
SIGNATURE PAGES FOLLOW:
X'r'ARTIES:
WITNESSES: �, ` CITY OF SANFORD
(qp
iMayor Jeff Triplett
GRANTEE SIGNATU GRANTEE NAME
Cynthia Porter, City Clerk
First Witness Signature` .�;;i First Witness Name
Lonnie N. Groot, Assistant City Attorney
Sec ess Signatur Second Witness Name (print)
300 North Park Avenue
Sanford, Florida 32771
GRANTEE ADDRESS
Acknowledgment
The State of Florida
County of Seminole
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that Jeff Triplett personally appeared as Mayor for the City
of Sanford and is 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 ProducedQ'-r.V)
Executed and sealed by me at Sanford, Florida
on ` -
2�S�0.Y Pu��C TRACI R HOUCHIN
[SEAL]* MY COMMISSION t FF 042947
s,
EXPIRES: August 24, 2017
A"to140114 BondedThrusudp tNderySwWs
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Notary Public in and for
The State of �.
My commission expires: l�
Name Title
For the Division of Cultural Affairs:
R.A. Gray Building
500 S. Bronough Street
Tallahassee, Florida 32399
first Witness S' naturVl First Witness Name (Print
i,
i
Second Witnes Signat re Second Wit ess N me( rint)
The State of Florida County of I ( C N/--\
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
(Name)
appeared as\J�r- Cb� for
(Position)
rsonally
the Florida Department of State, Division of
Cultural Affairs known to me to be or proved to my satisfaction that he/she is the person
described in and who executed the foregoing instrument.
Type of Identification Produced -VC
�' 1 ��
Execute a d sealed by me at',- , Florida on
Notary Public in and for
The State of (a-r&OAA -
.. .....''• RACHELLE ASHMORE
[SEAL]� Notary Public • state of Florida My commission expires: `
=a. = My Comm. Expires Apr 17, 2015
„tq�ta Commission # EE 85012
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