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HomeMy WebLinkAboutRestrictive Covenant-1225 Main I, Jeanette Williams, do hereby certify that this is a true and correct copy of the restncted covenants (relating to stst,.e..l~.~ric preservation grant ass stance) approved by the Sebastian City Council on August 14th 2002./'~ hereby affix my s gnature th s 15th day of August 2002. Please return this instrument to: City Clerk ~ City of Sebastian ~ L~ ~ ~ ~' ;~ ,~. - 1225 Main Street Sebastian, FL 32958 RESTRICTIVE COVENANTS IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FI.A. THESE COVENANTS are entered into this 14tl~tay of August , 2002, by City of Sebastian , hereinafter referred to as the Owner, and City of Sebastian hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court ofIndian River County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at 1225 Main Street, Sebastian, Indian River Conntv, Florida, as described in Exhibit A., attached to and made a part hereof and WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance funds admiuistered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department, in the amount of $250,000.00, to be used for the restoration and preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the histor/c qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant, the Owner and the Grant Recipient hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner and the Grant Recipient agree to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner and the Grant Recipient agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner and the Grant Recipient agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 4. The Owner and the Grant Recipient agree that the Department, its agents and its designees shalI have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner and the Grant Recipiem agree that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Depm'tment shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to remm of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Indian River Count~, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a result of these restrictive covenants. IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. WITNESSES: o4~itness Signature Jean M. Tarbell Witness Name Typed/Printed 1225 Main Street, S~:~q-5~a3, ~ 32958 Owner's Address With&ss Signatur~ City State Zip Witness Name Typed/Printed The State ofF,15)rid~. ~ - 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 7~,r~,,~:a~ ,~, ~,q.~z~ _ personally (Name) / appeared as~,,,e~v~ ~2~. ,~,t~J for (,OffiCq~4 (N~jt~er~ Cor~orat~on~Partn ership) known to me to b~ or who proved to my satisfaction that he/she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at~ Florida ~200~-2. Nota~ublic in and fbr ...... I[ The State Of I L'"'".'~* ;'~% H* JOANNE SANDBEFIG , ;~ MY CO~MISSION # DD 089532 It '"~:~ Bm~T,r,,~,.b,~u~,~, My commission expires: cSWitness Si/nature Jean M. Tarbell Wimess Name Typed/Printed Wimess Sigfiatureff 1225F~linStreet Grant Recipient's Address Sebastian FL 32958 City State Zip Wimess Name Typed/Printed The State of Florida . , Courlty of~'>'-~7'i ~:~:~z-.,~:-~.~ I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that ~o-4..acz~_ .,~ /'~ personally (N~me) , . '[ (Off'~er): (N~qi'e~Corl~oration/Partnership) known to me ~ be,or who proved to my satisfaction that he/she is the person described m and w~ho e~¢uted the foregoing instrument Type of Identification Produced Executed and sealed by me at ./~/~., Florida o~200~_· Nota~Public in and fo? ---1/ The State of~__ My commission expires:_~./~.~ ~d~ [SEAL] This iris~Fr!t was_ p_r~pargd ,u.~der the sup..eryisi, i.on of..F ,m, ,n}c R..S,.t~oc,.kto.n,, ~Attomey~ F~lgrid? ~D~aa~assee~t' of State.D~ws~on of H~stoncat mesources, l~.A. tJray tmumng, ~uu aoum l~ronougn ~rreer, ~a , Florida 32399-0250. 4 Indian. River County 2002 AP01190 Property: R 06313900005000200001.0 Street Address: 1225- Subdivision/Condominium SCHOOL PARK SUB REPLAT OF B!k/Bldg : Lot/Unit : PBI/OR Bk: Property Data Print Request 08/15/( Requested by: LBROWN Taxpayer: CITY MAIN ST * * * * * Legal Description * , , , ~ PRI 2-29 TRACT B LESS PORT DE$C AS: COM AT NE C0R SAID TR B; TH S 89 DEG 42 MIN 28 fgC W ALONG N LibIE OF TR B, 36.62 FT; TH S 00 DEG 17 MIN 32 SEC E, !0 FT TO P OB; T~ $ 00 DEG 25 M!N I9 SEC E, 50 FT; TH S 89 DEG 42 MIN 28 S~C W, 50 FT; TH N 00 DEG 25 MIN 19 SEC W, 50 FT; TH N 89 DEG 42 MIN 28 SRC E, 50 FT TO T~ POB. A S DESC IN OR BK i&83 PG 0285 "Exhibit A"