FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - MAINSTREET CLEARWATER LLC PETER GILLHAM'S NUTRITIONAL CENTER LLC CAFE / GROCERY, �
,
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Mainstreet Clearwater, LLC "Peter Gillham's Nutritional Center,
LLC"cafe/grocery)
WHEREAS, the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, entered into the Development Agreement dated the 18th day of
October, 2010, with MAINSTREET CLEARWATER, LLC, a Florida limited liability
company ("Developer") to provide restaurant relocation grant for hereby amended to
permit the premises located at 422-424 Cleveland Street to be utilized as "Peter
Gillham's Nutritional Center, LLC cafe/grocery."; and
WHEREAS, Peter Gillham's Nutritional Center opened on December 3, 2010 and
closed on June 3, 2012;and
WHEREAS, Tony's Pizzeria and Ristorante wishes to expand into the space
previously occupied by Peter Gillham's and open the Capitol Beer House, and
WHEREAS, the Capitol Beer House does not need portion of the kitchen
equipment (Exhibit A) from Peter Gillham's., now therefore:
Section 1. The Development Agreement dated the 18th day of October, 2010, by
and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body being corporate and politic of the State of
Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and
MAINSTREET CLEARWATER, LLC, a Florida limited liability company ("Developer") is
hereby amended to permit the premises located at 422-424 Cleveland Street to be utilized
as a restaurant know as"Capitol Beer House" instead of "Peter Gillham's Nutritional
Center, LLC cafe/grocery."
Section 2. Section 6.02 of the Development Agreement is amended as follows:
Section 6.02 Repayment bv Developer. All payments by the Agency pursuant
to this article 6 are subject to repayment by Developer if Developer fails to maintain the
property as a cafe/grocery or restaurant for a period of five years. If at any time during
the first three and one half years following the date of opening as Capitot Beer House,
the project fails to be operated as a restaurant, Developer shall repay to the Agency the
unamortized amount paid by the Agency pursuant to this article. The amount to be
repaid by the Developer shall be reduced by 20% for each year the cafe/grocery or
restaurant is open and operating as provided herein. The Developer's obligation to
repay the incentives provided herein shall be secured by a perFormance mortgage as
provided in section 5.06.
Section 3. The equipment listed in Exhibit A shall be removed from 422-424
Cleveland St, Clearwater, Florida and shall be utilized in certain parcels located at 400-41$
Cleveland Street, for a restaurant facility within one year from the date of this amendment.
Failure to comply with this provision will result in a default of the Developer and require
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repayment as provided in Section 6.02 of the Development Agreement.
All other provisions of the original Development Agreement remain in effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and their�
respective seals affixed as of this 1° C� _ day of , 2012.
Approved a to form:
Pam la K. Akin
City Attorney
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
:
— C�P�r��. � c���oS
George N. Cretekos
Chairperson
Attest:
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Rosemarie Call
City Clerk
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Witnesses: MAINSTREET CLEARWATER DEVELOPMEIVT,
LLC, a Florida li ited liability company
By:
ise i, its Managing Member
STATE OF FLORIDA
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COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this o�� day of
��� , 2012 by Moises Agami, Managing Member of Mainstreet
Clearwater Development, LLC, a Florida limited liability company and on behalf of said
company. They are personally known to me or have produced a valid driver's license
as identification.
(SEAL)
r���� P+�,,,� CAROI GILPIN
�=; Notary Public - State ot Florida
_• •: My Comm. Ezpires Ju127, 2014
=;�, Commission #� EE 12316
�'��° �� ��`�, Bonded Through National Notary Assn.
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Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
3
Re: 3.3
CRA
Exhibit A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Mainstreet Clearwater, LLC "Peter Gillham's Nutritional Center,
LLC"cafe/grocery)
Installed at Beer House Stored in 400 or 412-418
Cleveland Street
7'x5x Exhaust Hood ✓
3 Doors Contained Freez/True ✓
Vulcan Oven/ Refurb ✓
Produce Cooler ✓
Upright Merchandiser ✓
* As spaces are leased, equipment may be moved, equipment to stay on 400
block in spaces 400, 412-418 Cleveland Street.
* Confirmed above equipment 10/29/2012 by Anne Fogarty France