10/29/20121. Call to Order
2. Approval of Minutes
COMMUNITY REDEVELOPMENT AGENCY
AGENDA
Location: Council Chambers - City Hall
Date: 10/29/2012- 1:00 PM
2.1 Approve the minutes of the October 15, 2012 CRA meeting as submitted in written summation by the
City Clerk.
� Attachments
3. CRA Items
3.1 Approve the Purchase Contract for acquisition of real property located at 1005 Park Street, Clearwater, by
the Community Redevelopment Agency of the City of Clearwater (CRA), with a purchase price of
$210,000 and total expenditures not to exceed $255,000 including environmental assessments, closing
costs and demolition expenses; approve the terms and conditions of the related temporary occupancy lease
between the CRA the seller; authorize the appropriate officials to eXecute same, together with all other
instruments required to affect closing; and, approve a transfer of $255,000 from CRA Project 388-94847,
Clearwater Centre, to a new Project 388-94876, ParkAvenue Property Acquisition, in the amount of
$255,000 to fund the acquisition and attendant expenses.
� Attachments
3.2 Approve the Non—Exclusive Revocable License Agr�ment for Parking between the Community
Redevelopment Agency (CRA) and the InterCultural Advocacy Institute, Inc. and authorize the
appropriate officials to execute same.
� Attachments
3.3 Approve the First Amendment to Development Agreement between the Community Development
Agency of the City of Clearwater and Mainstreet Clearwater, LLC., entered August 18, 2010 concerning a
restaurant relocation assistance grant at 422-424 Cleveland Street, to allow the removal of certain
restaurant equipment to other contiguous areas of the grantee premises, and authorize the appropriate
officials to execute same.
� Attachments
4. Adjourn
Community Redevelopment
Agency Agenda
Council Chambers — City
Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the minutes of the October 15, 2012 CRA meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 1
Attachment number 1 \nPage 1
COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES
CITY OF CLEARWATER
�� < .� �.� I�M � li+� I �"` � � �I �r
Present:
Chair/Trustee George N. Cretekos, Trustee Paul Gibson, Trustee
Doreen Hock-DiPolito, Trustee Bill Jonson, and Trustee Jay E.
Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order — Chair Georqe N. Cretekos
� ��
The meeting was called to order at 1:07 p.m. at City Hall.
�
2. Approval of Minutes
2.1 Approve the minutes of the September 4, 2012 CRA Meetinq as submitted in
written summation by the Cit C�
Trustee Doreen Hock-DiPolito moved to approve the minutes of the September 4, 2012
CRA Meeting as submitted in written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
3.
3.1
CRA Items
Approve the East Gateway District Five-Year Action Program for Fiscal Years
2012-2017.
In 2002, the East Gateway District (District) was established as part of the
Community Redevelopment Agency (CRA). The expansion of the CRA was
viewed as a strategic approach to revitalize the East Gateway neighborhood,
leverage public-private partnerships for economic development and housing,
achieve stability in residential and business areas, and increase redevelopment
potential.
CRA 2012-10-15
Item # 1
_
Attachment number 1 \nPage 2
In 2004, the East Gateway Character District was created through amendments to
the Clearwater powntown Redevelopment Plan. The CRA Board adopted the
East Gateway District Five-Year Action Program for Fiscal Year 2007-2012 on
May 13, 2008. This action program ended on September 30, 2012. Because of
the continuing needs of the District and the momentum that CRA/city staff and
programs have created, staff recommends that a new East Gateway District Five-
Year Action Program is approved and implemented for Fiscal Years 2012-2017.
The proposed East Gateway District Five-Year Action Program includes action
items that were:
1) Identified in the East Gateway Vision Plan, which was approved by the �
CRA Board in January 2012;
2) Proposed by the East Gateway Task Force, which is comprised of staff
from various city departments;
3) Recommended by members of the East Gateway Stakeholder Advisory
Group (SAG); and
� 4) Included in the original Five-Year Action Program and remain relevant for
the upcoming five fiscal years.
There are eight overarching Goals and strategies for implementation purposes:
• Goal 1: District Development
• Goal 2: Create a Vibrant Market
• Goal 3: Zone I(West Commercial Anchor)
• Goal 4: Zone II (Corridor Development)
• Goal 5: Zone III (Open Space)
• Goal 6: Zone IV (Festival Core)
• Goal 7: Branding Strategy
• Goal 8: Policy/Recommendations
CRA 2012-10-15 2
Item # 1
The vast majority of the action items will be accomplished with existing
operational resources and department budgets. The following action items
represent cost items whose funding has been identified:
Action Item 1.1:
Action Item 1.7:
Action Item 1.13
Action Item 2.4
Action Item 2.16
Action Item 2.21
Action Item 4.3:
Action Item 7.1:
Action Item 7.2:
Attachment number 1 \nPage 3
Additional Community Policing Presence (CRA)
Sidewalk Improvements (ENG Annual Sidewalk Program)
Facade & Building Lot Improvement Program (CDBG)
Marketing Brochure (CRA)
Multicultural Celebrations (CRA)
Farmers Markets (CRA)
Public Forums for Streetscape Phase III (CRA)
Branding Consultant (CRA)
Public Forums for Branding Strategy (CRA)
The East Gateway Stakeholder Advisory Group met on September 27, 2012 and
supported the proposed East Gateway Five-Year Action Program for Fiscal Years
2012-2017. The focus for the first fiscal year will be the review and update of the
Downtown Redevelopment Plan; the next phase of the sidewalk construction; the
continued community policing presence and outreach to the businesses;
completion of an additional facade project; and assistance with the successful
launch of the Clearwater Gateway Farmers Market.
In response to questions, Economic Development and Housing Director Geri Campos
Lopez said the suggestion to rename the section of Gulf to Bay Boulevard in the East
Gateway (from Highland Avenue/Court Street to Cleveland Street) was identified as part
of the branding; creating more of an identity for the area. The East Gateway Vision
Plan identified a festival core at the bend of Gulf to Bay Boulevard and Cleveland
Street; the right-of-way could be used for pop up retail. Community Development
Manager Ekaterini Gerakios said pop up retail stores are temporary retail spaces
companies use to determine need for a permanent location.
CRA 2012-10-15 3
Item # 1
.
Attachment number 1 \nPage 4
Engineering Director Mike Quillen said staff uses the construction problem code to
identify sidewalks that are difficult to construct due to slope-elevation issues,
fences/decorative walls, or trees/landscaping issues that may require an easement on
private property. Staff was directed to provide information regarding the sidewalks
identified along Franklin, behind the school.
One individual spoke in support.
Trustee Doreen Hock-DiPolito moved to approve the East Gateway District Five-Year
Action Program for Fiscal Years 2012-2017. The motion was duly seconded and
carried unanimously.
► ��.
4.
5.
Other Business — None.
Adiourn
The meeting was adjourned at 1:44 p.m
Attest
City Clerk
CRA 2012-10-15
Chair
Community Redevelopment Agency
4
Item # 1
Community Redevelopment
Agency Agenda
Council Chambers — City
Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the Purchase Contract for acquisition of real property located at 1005 Park Street, Clearwater, by the Community
Redevelopment Agency of the City of Clearwater (CRA), with a purchase price of $210,000 and total expenditures not to exceed
$255,000 including environmental assessments, closing costs and demolition expenses; approve the terms and conditions of the
related temparary occupancy lease between the CRA the seller; authorize the appropriate officials to execute same, together with all
other instruments required to affect closing; and, approve a transfer of $255,000 from CRA Project 388-94847, Clearwater Centre,
to a new Project 388-94876, Park Avenue Property Aa�uisition, in the amount of $255,000 to fund the acquisition and attendant
expenses.
SUMMARY:
The subject property is located at 1005 Park Street adjacent to CRA and City land holdings assembled as the Prospect Lake
site. The parcel is approximately 25,667 square feet. The acquisition will provide the opporiunity to vacate a portion of Park Street
resulting in an additional 9,160 square feet of land area to which the CRA will hold fee title.
If acquired, this property will be included in the forthcoming Request for Proposals and Qualifications for Development of the
Cleveland Street and Prospect Lake Park Site. Addition of this parcel, and a subsequent vacation of a portion of Park Street,
materially improves the functional use potential and developability of the Prospect Lake site.
The contract provides for the CRA to cancel the contract without penalty should a Phase II environmental analysis indicate
contamination on the site.
The property owner currently leases portions of the property far commercial use. Two leases are on a month—to—month basis and
the other has a term expiring on July l, 2013. Staff has negotiated a lease (Leaseback) through July 1, 2013 for the seller's
continued occupancy of the property and the administration of the above—mentioned leases. Following the expiration of the
Leaseback, the property will be vacated and prepared for the demolition of improvements.
The purchase price is consistent with an independent appraisal perfonned on the property by James Millspaugh and Associates,
Inc. The appraiser's value conclusion provided an estimated range of value of the property as assembled with the Prospect Lake
site between $205,000 and $235,000.
Funding for this acquisition will be provided by a budget transfer from CRA project 388-94847, Clearw�er Centre—1 ] 00
Cleveland Street and establishment of a new project 388-94876, Park Avenue Properiy Acquisition in theamount of $255,000.
The funds previously coinmitted to the Clearwater Centre project are no longer needed.
Staff recommends approval, as this acquisition would materially increase the opportunity to achieve CRA redevelopment
objectives on the Prospect Lake site.
Appropration Code
388-94876
Amount Appropriation Comment
$255,000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant Ciry Manager 5) City Ma��g�rr�6Cjr�lerk
Item # 2
CDNTRACT FOR Pl1RCHASE QF REAL PRQPERTY
BY
THE CiTY QF CLEARWATER, FL�RfDA
PARTIES: J�HN L. LINGER and L�15 LINGER, as husband and wife, �herein "Seller"�, and the
CDMMUNfTY REDEVEL�PMENT AGENCT QF THE CITY QF CLEARWATER, FL4RIDA, a public
�ady �orpvrate and pa�itic vf the State of Florida, (herefn "Suyer" ❑r "City") of 112 5vuth Osceola
Avenue, Cl�arwater, FR 3375fi, [eollectively "Parties") hereby agree that the Seller shaA sell and Buyer
s�ali �uy the follvwing real prvperty ["Property"} upon #he foiiowing terms and cvnditions.
1. PRQPERTY DESCRlPTI�N
LEGAL DESCRIPTIDN: 5ee Ex�ibit "A" attached hereto and by �his referenGe, incorpvrated h�rein.
PER50NALTY; N�NE �
E
�. FLJLL PIJR�HASE PR10E ..................... $ 1 OD —
............_... ................................................ 2 Q,❑ �
�. MANNER aF PAYMENT: Wire transfer vr City af Clearwater
che�k in U.S. funds at #ime af clasing ...... ... ... .. . ... ... ......... $21 D,��O
4. PURCNASE PRICE
The Full Purchase Price as shvwn her�in has been reached thrvugh r�egotiatians with the 5eller hy City
staff. The Purchase Price is based upan an appraisal �y James Miilspaugh 8� Associates, Inc.
5. TIIVIE FQR ACCEPTANCE,t APPR�VALS
Fvllowing execu#ivn af this cvr�tract by 5efl�r, the price, terms and canditions as cantained herein shall
remain unchanged and be held uncanditivnally open for a periad vf 45 days following delivery in
dup�icate original t� City Manager af the City af Clearwater for acceptan�e and a�proval, cc�un#�r-vfFer,
ar rej�ctivn �y activn vf the Clearwater City Cauncil �"Cauncil"}. If this agreement is accepted ar�d
a�proved by the Cauncil, it will he executed by duly authorized City officials and delivered #o Buyer
within 1� days thereafter. If a counter-vffer is apprvved by the Cauncil, it shall be delivered to Seller in
writing within � � days af such action by the City Cauncil, and 5efler shall have 1� days thereafter to
deli�er #a Buyer written notice of ac�eptance vr rejection of $uch caunter-offer. If written notice of
acceptar�ce is r�ot timely delivered, vr i� the counter-offer is rejec#ed by 5elier, this cantract sha�l
thereafter be null and �aid in all respe�ts. lf this cantract is rejected by the �vuncil upon ir�itial
preser�tatior� to the Cauncil, this cantract s�ta!! he null and vaid in all respects and Buy�r shall be so
infarmed in writing within 5 days vf such action.
6. TITLE
Seller warrants legal capacity ta and shall ��nvey marketable titie tv the Property by 5#atutvry Warranty
Deed, su�ject only to matters contained ir� Paragraph 7 acceptable to 6uyer. 4therwise title shaA be
free of liens, easements an� encumbrar�ces of record ar knvwn to Seller, but subject ta prvperty taxes
for the year of clasing; co�enar�ts, res#rictior�s and pu�lic utility easemen#s af record; and no others
provided there exis#s at cEasing n� violativn of the fvr�gaing and none af them prevents Buyer's
intended use vf the Property. Selfer warrants and represents that there is ingress and egress ta the
Property sufficient for the in#ended use as described hersin. If #itle defects are discover�d, Suyer may,
at its sole dis�retion, accept a partion vf the property �ia quitclaim deed.
7. TITLE EVIDENCE
5�lier shall, a� Seller expense and within 15 days prior to clvsing �ate deliver tv 6uyer a title insuran�e
c�mmitrnent issued by a Flvrida li�ensed title ir�surer agreeing to liens, encum�rances, exceptions ❑r
�ualificatians set forth in this Contract, and th�se which shall be discharged by 5eller at or �efore
closing. 5eller s�all con�ey a marketable title subje�t only to liens, encumbrances, exceptivns or
qualifica#ions set forth in this C�ntract. Marketable #itle shall be determined accordir�g to applicable Title
Sta�dards adopted by T�e Ffvrida Bar and in accordance with iaw. B�yer shall ha�e 5 days frvm
recei�ing e�idence of title to examine it. If title is €vund defecti�e, Buyer shall, within 3 days thereafter,
natify Seller in writing spe�ifying d�fect(s}. If the ��fect{s} render title unmarke#able, Seller will have
120 days from receipt of nvtice within which tv remo�e the defect{s], failing which Buyer shall ha�� the
flptivn of either accepting #he tit(e as it then is ar withdrawing fr�m this Contract. 5eller will, if t�e is
fvund unmarketabte, make diligent effort to correct defect(s} in title within the time pra�ided the�far,
in�l�ading the bringing of ne�essary suits. �
a�
�
8. SLJRVEY
Buyer, ai Buyer's expense, within time allowed to deliver e�idence of tatle and to examir�e same, may
ha�e Real Property surveyed and �ertified to the Buyer by a registered Florida land sun►eyar. If survey
shaws any encroachment on Real Property, or that impravements Ivcated on Rea! Prop�rty encroach
vn setback lines, easements, lands of vthers, or �ialate any restric#ivns, cvntract co�enants ar
appli�able g��ernmental regulatian, the same shali cvnstitute a#i#le defect. The survey s�all �e
perFormed to minimwm technical standards vf the Florida Administra#i�e Code and may in�lude a
des�riptiar� af the prvperty under the Flvri�a Cflordinate System as defir�ed in Chapter 177, Flarida
5tatutes.
�. GLD5ING PLACE AN� DATE
Seller shal! designate cl�sing agent and this transac#ion shall he closed in the affic�s af the designated
closing agent in Pinellas Cvunty, Florida, no later than �ecember 31, 201�, unless extended by other
pro�isions vf this contract including hut not limited #a time allatted for the remaval vf title defects as
provi�ed far in Parag�aph 7 abave. ff either �arty is una�le tv comply with any pro�isian of this contract
within the iime allvwed, and �e prepared #v cipse as set f�rth abo�e, after making all reasonable and
diligent efForts to �ompiy, #hen upon giving written nvtice tv the vther party, time of closing may he
extended up tv 6� days without effect upvn any other term, covenant or conditifln cvntained in this
cvntract, The City of Clearwater shall reiain $15,OOp ot purchase pro�eeds at time of clasing in an
interes# hearing trus# account in ac�ordance wi#h the #erms and pro�isions af that certain Business
Lease Cantract as referenced in paragraph 32 hereof.
9�. CL�SING �QCUMENTS
Seller shall furnish ciosing statements far the respective parties, deed, bill of sa�e {if applicable),
mechanic's lien affidavit, assignments vf leases, tenar�t and martgage estoppei letters, and corrective
instrumen#s. If Seller is a corporation, Setler shall deli�er a resolutian vf its 8oard of Directors
authorizing the sale and d�li�ery of the deed and certification hy th� corpvrate Se�retary certifying the
resatutian and setting forth facts showing the conveyance confvrms with the requirements af local law.
Page 2 of 8
'I'I. CL051NG ExPENSES
DoGUmentary stamps on the deed, uniess this transaction is exempt under Chapter 2Q1.24, Florida
Statutes, shall be paid by the 5eller. Se11er s#�all also pay �he costs of recording any carrecti�e
instnaments. Recvrdatior� of the deed shal! he paid by Buyer.
'! Z. PR�RATI�N5; CREDITS
Any governmental assessmenis levie� vf record and accruing against the Property shall �e paid by
Seller at time of closing. As it is the intent vf the parties tha# #he Seller shall Lease back and remain ir�
occupancy of the Praperty 'following clasing and ur�til July 1, 2013, nv ad �alorem tax�s shall be
prorated and collected through the day privr to closirrg. 5eller, being a non-exem�t en#ity, as provided in
the referen�ed Lease appended hereta as ExHIBIT "B'' and an integral part here�f, shall �e €ully
responsible and ❑bfigated far the payment of al� intangible and real prvperty taxes assessed an�,due
during its ownership �f the Pra�erty, as welf as during and throughout the full term vf the Lease. �
E
'13. QCCIJPANCY �'
Buyer and Seller hereby rerognize that the Property is occu�ied by S�Iler and Sel�er's tenants. 5eller
warrants that any leases in effect at the #ime of clpsing {"Suhtenant Leases"} shall not provid� far a�erm
extending beyond July 1, 2fl13.
14. LEASES
Seller shall, nvt fess #han '� 5 days before �losing, furnish #o Buyer cvpies of afl writ�en leases and
estoppel letters from ea�h tenan# specifying the nature and duratior� of the tenant's v�cupancy, rental
rates, ad�anced ren# and security depasits paid by t�nant. lf 5eller is unable to vbiain such lett�r from
each tenant, the same infarmation shall he furnished by Se�lsr ta Buyer within that time period ir� the
form of a 5eller's affidavit, and B�yer may thereafter ca�tact �enants to confirm such informatian. 5eller
shail, at closing, deli�er ar�d assign ali origi�al leases tv Buyer and �redit Buyer with all ad�anced rents
and security �eposits paid by or an hehalf of each tenant. Notwithstanding tF�e pra�isions aho�e, the
Parties acknowledge and agree that Seiler may continue to o�c�py the Property under a Business
Lease Contract between the City and 5eller as pr��ided for in paragraph 32 below and Seller may
suhlease t�e P�-aperly and �ollect rents pursuant ta sa�d Business Lease Contract for a period nat to
ex�eed the Seller's vccupan�y.
15. PR�PERTY C�N�ITI�N
5eller shall deli�er the Praperty ta Buyer at time af clvsing in its �resent "as is" condition, ordinary wear
and tear exGepted, and shall maintain ihe landsr,aping and grounds in a comparable �onditian. Seller
makes no warranties ather than is disclosed herein in Paragraph 21 ("SELLER VIfARRANTfES"} and
marketability vf title. 6uyer's co�enant to purchas� the Property "as is" is more speci�cally represented
in the following paragraph.
a. As fs With Right of inspe�tivn: Buyer may, at 6uyer expense and until Decemher 15, 2012
�"Inspe�tion Period"�, cor�duct ins�ectivr�s, tests, en►►irvnmenta[ and any vther investigations of the
Property Buyer deems ner,essary t� determine suitability for Buyer's intended use. LJpon 5elfer's
executian herevf, Selfer shat! grant reasvnable access ta the Property tv 6uyer, its agents, cantracf�rs
Page3of8
and assEgns for fhe purpases vf �anducting the inspe�tions prv�ided, hvwe�er, that all such persons
enter the Property and condu�t the ir�spectians and in�estigatians at #heir own risk. 5eller will, upon
reasonable notice, pro�ide utilities services as may be required for Buyer's inspeckivns ar�d
in�estigations. Buyer shall nat engage in any acti�ity that cauld resuft in a mechanics lien being �iled
against the Property without Seiler's prior written cor�sent. Buyer may terminate this cvntract by written
r�otice to Seller prior to expiratian af the Inspection Peri�d if the inspections andl�r ir��estigations reveal
r.onditions which are reasana�ly unsatisfactary tv Buyer. In the alternati�e, at the guyer's sole
discr�tion, if S�Iler a#Fers to repair vr otherwise remedy such conditions ta 6uyer satisfaction, Buyer
may accept such vffer; or Buyer, at its vptivn, may elect to accept a credit at cfosing vf the #vtal
estimated repair c�sts as determined by a licensed general con#ractar af 6�ye�'s sefectivn and
expense. If Buyer termina#es this contract, ar�d this transaction dves not close, B�yer agrees, at Buyer
expense, tv repair all damages ta the Property resulting from the inspections and in�es#iga#ivns and
return the Property to its present cvndition.
'Ifi. WALFC-THRQLIGH INSPECTI�N �
E
At a iime mutua�fy agr�eahl� between #he parties, but nat later than the day prior to clvsing, Buyer�r�ay
�anduc# a final "waik-through" ir�spection af the Prope�-ty to determine cnmpliance with any Seller
obligations and to insure that all Property is in and vn the premises. No new issues may be raised as a
resul# of the walk-#hrough.
17. SELLER HELD HARMLESS
Buyer is self insured, and subject to th� limits and restrictians of the F�orida Sv�ereign immunity statute,
F.S. 788.�8, agrees to indemnify and h�ld harml�ss �he 5eller from claims af injury to persons vr
prvperty during the inspectians and in�estigativns described in Paragraph 15{a} resulting from Buyer�s
own negfigence anly, ar that vf its emplvyees or agents only, subject tv the fimits an� restrictivns af the
so�ereign immunity statute.
18. RISK �F L�SS
!f the Property is damaged by fire ar ather �asualty �efore closing and cost af restorativn does nat
exceed 3°/o vf the ass�ssed �aluatian of the Property sa damaged, cvst of restoratian shai! he an
❑�ligation af the Seller and �fasing shall proceed pursuant to the terms of this contract wi#h restoration
costs sscrowed at closing. lf the cvst of res�orativn exceeds 3°Io of the assessed val�€ativr� vf the
imprv�ements so damaged, Buyer sY�all have the option af either taking the Praperty "as is", together
with any ir�surance proceeds payable �y �irtue of su�h loss ❑r damag�, or af canceling this �ontract.
19. PRaCEE05 DF SALE• CLD5ING PR�CE�URE
The de�d shalf be recvrded upon clearance of funds. Procee�s of sale shall be held in escrow by
SelEer's attarney or by such other mut�ally accep#able escrow agent �vr a perivd af nat Ionger than 5
days from and after clvsing, during whi�f� time e�idence of title sh�fl be continued at Buyer's �xper�se tv
shvw tiile in �uyer, withaut any enGUmhrances vr change which would render Seller's title unmarketable
frvm the date of �he last title e�idence. �f 5eller's ti#le is rendered unmarketable through no fauit af ths
Buyer, Buyer shall, within t�e 5 day periad, notify the Seller in writing of the defe�t and Seller shall ha�e
3Q days frvm the date of receipt af such notification tv cure the defect. If Seller fails tv timely cure the
defect, al! funds paid by or or� �eha#f af the Buyer shafl, upan written demand made by Buyer and within
5 days after demand, be returned tv Buyer ar�d simultar�eously with such re�ayment, Buyer shall vacate
Page 4 �f 8
the Property and recvn�ey it t� Seller by sp�cia! warranty deed. If Buyer fails to make timely deman�
fpr re�und, Buyer shail take title "as is", wai�ing afl rights against Sel�er as to any intervening defect
except as may be a►►ailable to Buyer �y ►►irtue of warranties cvntained in the deed. The escrow and
closing prvoedure required by this pro�isifln may be wai�ed if title agent insures ad�erse matters
pursuant tv 5ectian fi27.7841, F.S. ('! 987), as amended.
2Q. DEFAIJLT
ff this transaction is not closed due to ar�y default or iailure ❑n the part af the Seller, oth�r t�an to make
the title marlcetable after difigent effart, guyer may seek specific perFarma�ce ❑r unilaterally cancef this
agreement upon gi�ing writ�en notice #v 5elfer. If this transaction is no# clvsed due tv any defau�t vr
iaifure on #he part of the Buyer, Seller may seek specific perForma��e. If a Broker is owed a broicerage
fee regardir�g this transaction, the de#aulting party shall be liable for such fee.
21. SELLER WARRANTIES �
E
5efler warrants that #here are no fa�ts known ta 5eller tha# would materially effect the value c�Ehe
Praperty, or whi�h would he detrimentai to the Property, or which would efFe�t Buye�'s desire to
p�archase the property except as follows: �5 eci knvwn defe�ts. If nvne are knvwn, wriie "NaNE")
8uyer shall ha�e #he number of days granted ir� Paragraph '15{a} a�v�e {"fnspectian Period"} io
in�estiga#e said matters as disclased hy the 5eller, and shall r�otify Selfer in writing whether Buyer will
close on tt�is cvntract naiwithstariding said matters, or whether 6�yer shall eleGt to canr,ei this cpntract.
!f Buyer faifs ta so notify Seller wi#hin said time period, guyer shai! be deemed ta ha�e wai�ed any
abjeGtian tv the discl�sed matters and shall ha�e the obliga#ivn to clase an the cvntract.
22. RAOQN GA5 NQTIFICATION
In accardance with prv�isivns of Sectian 4D4.a5B�8}, Florida Statutes (1989}, as amended, Buyer is
hereby informed as fallows:
RAD�N GAS: Radon is a naturally v�curring ra�ioa�tive gas #hat, when it
has accumulated in a building in sufficient quantit�es, may present
health risks to persans wha are exposed to it over time. Le�els vf radon
tha# exceed federal and state guidelines ha►►e been faund in buildings ir�
Flvrida. Additivnal infarmation regarding radan and radvn testing may be
obtained from your county puhlic health unit.
�3. �ONTRACT N�T RECQR�ABLE: PERS�NS BOLJND
Neither this co�#ract nar any natice af it shall be recorded in any publi� records. This contract shall bind
and inure to the benef# of the parties and their s�GCessars in interest. Whene�sr the cvntext permits,
singular shal[ in�lude plural and one gen�er shail include afl.
Page 5 of 8
24. NQTICE
Ali natir,es provided for herein shal� be deemed ta hav� been duly gi�en if and when deposited i� the
Unrted S#ates Allail, properly stamped ar�d addressed ta the respecti�e party to be notified, incfudEng the
parties ta this contact, the parties attorneys, es�row agent, ir�spectars, c�ntractors an� a!I others who
will in any way act at the �ehest af the parties #o satisfy a!I terms and canditions �f this contract.
25. A5SIGNABILITY• PER5�N5 B�L1ND
This cantract is r�ot assignable. The #erms "Buyer", "Seller", and "graker" {if any) may be singular ar
pluraf. This Con#ract is binding �pon Buyer, Seller, and their heirs, persvnal representati�es,
successars and assigns [if assignment is permitted}.
2fi. ATT�RNEY FEES: C�5T5 N
�
In any litigation arising ❑ut vf this contract, the prevailing parfy shall he ent'rtied tv reco�er reasvr�ble
attorne�'s fees ar�d costs. �
2l. TYPEWRITTEN QR HANOWRITTEN PR�VI510NS
Typewritten or handwritten pro�isivns shafl contr�l all printed pra�isians vf contract in ronflict with them.
28. BR01{ER REPRESEIVTATI�N
5eller is not represented by a Li�er�sed Real Estate Broker upon 5eller's executian her�of. 5ho�aid
5eller �hoose tv abtain the services of a License Real Estate Broker, S�Iler shall be responsible far any
Broker fee ❑r expense d�e tv said Broker.
29. EFFECT �F PARTIAL INVALIOlTY
The ir�validity vf any prv�isian of this cantract will not and s�all not be deemed to afFect the �alidity of
any other pro�ision. In the e�ent that any pro�isivn vf tt�is contract is held to be i��alid, the parties
agree that the remair�ing pra�►isions shal[ be deemed ta be in full force and efFect as if they had been
executed by both par#ies subsequent to the expungement af the in�alid pro�isian.
3D. GQVERNING LAW
It is agreed hy and between the parties here#v #hat this contract shall be governed by, canstrued, and
er�forced in ac�ordance with the laws of the Sta#e of Florida.
31. CDUNTERPARTS• FAC5111AILE C4PY
This cantract may be executed in two vr mare �ounterparts, each of w�i�h shall be deemed an original
and all of which tvgether shall canstitute ❑ne instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an vriginal.
Page 5 �f S
32. B1151NE55 LEASE C�NTRACT ADDENOLJM
It is agre�d by and between the Parties �hat execution, imp#ementation and fu�illment of the tem�s and
pro�isions of that certain Business �ease Cantract respecti�e tv the Property, an exact capy vf which is
ap�ended �ereto as FJCHIBIT "B", is integral, appur#enant to and a part of this Cvntract, and will be
executed and effe�ti�e as of #he �Iasing date.
33. ENTIRE AGREEMENT
Upon exe�utian by Seller and Buyer, this cantract shall Gvnsti#ute the entire agreement between the
parties, shall supersede any and all priar and cantempflranevus written and oral promises,
representativns �r candi#ions in respec� theretv. Ail priar negv#iativns, agreements, memoranda and
writings shall �e merged herein. Any �hanges to he made in this agreem�nt shall vnly be �aiid when
expressed in writing, ackr�awledged by #he parties and incv�parated �er�in or attached heretv. �
34. ESCRQW AGENT �
Escrow Agent is aciing as a stakeholder anly wi#h r�spect to the Lease Deposit and shafl ha�e no
Gabili�y except for willfu! or wantan negligence. ff there is any disp�rte as tv whether Escrvw Agent is
obligated tv dsli�er the Deposit vr as to whom the Lease Depvsit is ta be d�livered, Escrow Agent shall
refuse to make any deli�ery, and shall continue tv hold the Lease Deposit in Escraw unti! receipt by
Escrvw Agent of an authorization in writing, signed by 5elier and Buyer, directing the deli�ery of the
Lease �eposit. In the abser�ce of suct� authvrization, Escrow Agent shall hvld the Lease Depvsit until a
fir�al det�rminatian af the rights of the Parties in an apprapriate judicial pror,eeding. If such written
authvrization Es not gi�en, or a praoeedir�g for such determina#ivn is n�t begun, within thirty �3�� days of
the expiration or termination of th� Lease, then Escrvw Agent may cammer�ce a proceeding to depvsit
the Lease Deposit in a court of �ampetent jurisdic#ian pending such de#ermination. The party
determined not to be entitied to the Lease Deposit shall reimburse Escrvw Agent for all casts and
expenses of such proGeeding, including, withvut limitativn, reasanahle atto��eys' fees and expenses,
incurred hy Escrow Agent. Upan deTi�ery of the Lease Depvsit in any of the manners herein prv�i�ed,
Escraw Agent shall ha�e no furthsr lia�ility or vbligation hereunder.
The Remainaf�r vf This Page Jntentronally Lef# Blank
Page 7 of 8
EXECUTE[7 this day af
Attest:
L�c�r-rs
� �
a �
Print Name
G—�' � S ��n � �—`
Print Name
APPR�VE❑ gY 6UYER & EFFECTIVE this
Apprvved as to farm:
Laura Lipvwski Mahvny
Assistant City Attorney
�012 by Sell�r.
JaHN L. UNGER AND LQ15 UNGER
By: •�- ,� %� l�`� " C.��-
J L. Unger
gy. �-�,L• ��i�.r .G r.f
Loi Unger
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a�
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day of , 2012.
COMMlJN1TY REDEVEL�PMENT AGENCY
OF THE CITY �F CLEARWATER, FL�RI�A
Sy:
Gevrge N. Gretekvs, Chairperson
Attest:
Rvsemarie Call
City Clerk
Page 8 af 8
5eale � °� = 50� E�HIBIT "A"
This is no t a surv�y
PARK STREET
SARAH �Ll'cMULLEN RE�LAT
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CDACHMf[1V HEIGHTS SU�DIYISI4N REPLAT �
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Lega1 Description
Cvmmence at the Nartheast �arner of Lot 16, Block B,
"Coachman Heights Subdi�isian Replat" located in Plat N
Book 20, Page 26 vf ihe Public Records af Pine�las �ouniy; �
run North 73.�Q feet aiong the West right�af-way ❑f Martin Luther �
�
King Jr. AUenue to the South right�of-way of Park Street; —
then�e N 89° 44' 04" W, alang the South right-of way af Park
Street, a distance vf 6�.SD feet to a Point of Beginning; then�e
N 89° 44' �Q" W, continuing along said Svuth right-o� way of
Park Street, a distance of Z32.75 feet; thenc� South, parallel to
said West right-of way af Martin Luther King Jr A�enue, a distance
of 6S.3fl feet to the centerline o� the �aca�ed 15.4 foot alley way;
thence S 89° 44' OQ" E, being parallel ta said Sauth right-of way of
Park Street and along the centerline of the �acat�d � 5.4 feet all�y
way, a distance of �43.25 feet; thence 5outh, parallel to said
West �ight-of-way af Martin Luther King 1r A�enue, a distance
of � 19.25 feet; thence S 89° 44' �0" E, parailel ta said
South right-of-way �f Park Street, a distance of 89.50 feet;
thence North, across the �acated 15.4 foot alley way and parallel
to said West right-of way of Martin Luther King 1r A�enue,
a distance af 1$4.55 feet, to the Point of Beginning.
Gontaining 2S,78Z Square Feet, mvre or less
ExHiBiT i��7�
Business Lease Cvntract
on the Following 74 Pages
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Bl1SINESS LEASE �ONTRACT
TH15 LEASE C4NTRACT, entered in#a this day of , 2012, by and #aetween
the COMM[JNITY REDEVELaPMENT AGEN�Y �F THE CITY OF CLEARWATEFi, FL�RIDA, a
pulalic bady cvrparate and politic of the 5tate vf Florida, whose address is 112 S. �sceola A�enue,
Cfearwa�er, Flarida, as Lessor, and JOHN L. UN�ER AND L�15 UNGER, husband and wife, whvse
address is as Lessee.
WITNESSETH:
That the ��ssvr daes lease to the Lessee the follawing described property Ivcated in Pinellas
Cvun#y, Flarida:
5ee E7CHIBIT "A" attached here#o and by this refer�nce incorporated herein.
5uch prvperty shall hereinafter be referred to as the "Leased Prernises" ❑r the
Premises" �r the "Leased Prvperty."
1. LEASE TERM.
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"Dem�ed
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The #erm vt this lease shall commer�ce an t�te day af closing of that certain Cantract fvr
Purchase af Real Property by and between the Parties entered into the day vf
, 2a12 and shafl remain in full for�e and effect until July 1, �Q13 {"Lease Term"}.
If Lessee is nvt in default vf any lease pro�isian, L.essee shall further have the privilege and optivn vf
terminating this Lease prior ta July 1, 2�13, upon giving Lessvr nvt less than thirty (3Q} days written
nati�e priar tv �acating the Lease Premises, and fully paying any and all �osts, in�luding, but not
fimited #o, rent, utilities, taxes and ins�arance expenses for whi�h Lessee is respvnsible, through the
efFsctive date af termination.
�. RENT.
The Lessee agrees tv pay and the Lessor agrees tv accept as rent during the t�rm of this lease
the sum af �ne and D�11 DO Dvllars �$1.flD}, the r�ceipt and sufFi�iency of whi�h is hereby
a�knowledged.
3. ESCRDIN DEPQ5IT.
Lessee shali depvsit wlth Lessvr an the signing af �his lease the sum of Fifte�n Thausand ancf
��l1 D� Dollars �$15,4a0.40j as security far the perfvrmance af Lessee`s abligatians und�r this lease,
including withvut limitatian the surrender of possession of the premises tv Lessvr as herein pravided.
If Lessor applies any part af the depvsit ta cure any d�fault of Lessee, �essee shall vn demand
d�pasit with Lessor the amount so applied sa that �.essor shall have the fuf� deposit an nand at all
times during the term af this lease.
4. USE �F PREM15E5.
The premis�s are leased ta �.essee solely far the follvwing uses and no other use can be made
af th� premises durir�g the term withou# t�e written canser�t af the Lessar: The premises will be used
by Lessee in cantinuance of its business operativn as an automohile repair shap. Furth�r, Lessee
may continue tv subiease the property t� tenants �"Sublessees"� oc�upying pvrtivns of #he Properly
❑n the effecti►►e date hereaf under existing terms and conditions. Lessee shall nvt enter in#o any new
suhlease�s} and shail nvt �hange the terms af any existing subEease. Any and all subleases shalf
ter-minate and the Leased Property shall be �acant at the expira#ion or termination vf the Lease
Term. Sublessees are listed ir� Exhibit "B" atta�hed hereta and by this reference made a part hereof.
5. UTILITIES.
Water, sewer, electric and all ot�er utifities of any kind shafl �e biiled directly to Lessee and are
vr shafl be indi�iduaEly metered for the subje�t premises. All depasits f�r such utilities shall be the
sole respvnsibility o� Lessee.
fi. COMM�N AREA MAINTENANCE ANa TAXES.
N
Lessee shall he respansible for the commvn area maintenance experrses the on t�e Le ed
Property. If any ad �alorem taxes, in#angi�le prvperty taxes, pers�nal property taxes, or vther ' ns
ar taxes of any kind are assessed ar levied lawfully an the Leased Property, based on the Less�e`s
use af the Leased Praperty during ti�e Lease Term, the Lessee agrees iv pay all such taxes,
assessments vr liens, within thirty [30} days after receiving written notiee from the Lessvr. In the
e�ent the Lessee fails to pay al! su�h taxes assessed vr le�ied on the Proparty withir� thirty {30} days
after rec�i�ing written natice, the Lessor may, at its svle �ption, pay su�h taxes, liens, �r
assessments, subject to immediate reim�ursement thereof tvgether with any in#erest, caiculated at
the maximum ra#e allowed by law, and any adminis#rati�e costs ir�curred by the Lessor, which shall
6e considered additional rent due hereunder. Faifure af the Lessee tv pay any taxes or assessments
pursuant to this paragraph will cvnstitute a material default of this Lease.
7'. QSSERVANCE ❑F LAWS ANO QRDlNANCES.
�essee agrees to flhserve, �omply with an� execute promptly at �ts expense during the Leas�
Term, all laws, rules, requirements, ❑rders, dire�ti�es, co�es, ordinanc�s and regulations of
goverr�men#al authori#ies and �gencies and �f i�surance carriers which relate tv its use or occupancy
of the Leased Premises.
8. ASSI�NMENT OR SLJBLEASE.
Lessee shall not, withvut first ❑btaining the written consent of Lessflr, assign, martgage,
pledge, or enGUmber #�is lease, in w�ale ar in part, other than sublets as pra�ided for ir� ParagrapF� 4
abave. This covenant shall �e binding ❑n th� EegaE re�resen#atives of Lessee, and ❑n every person ta
whom l,essee's interest under #his lease passes by �peration af law, but it shall not ap�ly tv an
assignment ❑r subletkir�g �a the parer�t ar subsidiary of a carparat� lessee or to a transfer of the
leasehold interesi accasioned by a cansalidation or merger in�ol�ing s�ch lessee.
If the premises are subfet or oc�upie� by anyone other than L�ssee ar appro�ed Sublessees,
and Lessee is in default hereunder, or if this lease is assigned �y Lessee, Less�r may collect rent
fram the assignee, unauthv�-ized suhtenant, or ur�aut�ori�ed oc�u�ant, and apply the net amount
col�ected to the ren# herein resenred. No such Gallec#ivn shall �e deemed a waiver of the �o�er�ant
herein against assignment and su�ietting, or the acceptance af such assignee, subtenant, flr
Page 2 af 9
o�cupant as Less�e, ❑r a release of Lessee from further perFormance of the covenant� t�erein
cantained.
9. ALTERATI�NS ANa IMPR�VEMENTS.
The Lessee shal� nvt make any structural alteratior�s ❑r modifi�ativns ar impro�emer�ts which
are part of the Leased Prvperty without the written cvnsent af the Lessar, and any such modifications
ar additivns to said praperky shail become the praperty af the Lessvr upon the termination of this
�ease or, at Lessar's ❑ptivn, th� Lessee shal[ restore the Leased Property at �essee's expense #v its
vriginal condition. The res�ri�tions vf this paragraph shail not appfy to maintenance af the Leased
Prvperty, b�t shal[ app�y ta any change which changes the arcY�itec#ure or purpose af the pro�erty ❑r
which changes any v� the interior walls of the imprv�ements or which ar�nexes a fixture ta any part of
the Leased Property which cannot be remo�ed withaut damage thereto. �n the event Lessee desires
to make any alterations ar modifications, written r�ati�e shall be �iven tv the Lessor. Untess�the
l.essvr abjects tv such propvsals by n�tice to Lessee within twenty t20} days after written natice�vm
Lessee, the proposal shal� be deemed apprvved. Lessee shal! ha�e nv power �r authority to p mit
mecha�ics' ❑r materialmen's fiens ta he placed upor� the �.eased Property in �onnectivn�ivith
maintenanc�, alterativns or modifications. Lessee shall, within fifteen �15� days after natice frvm
Lessvr, �is�harge any mechanic's liens for mater�als �r labvr Glaimed tv ha�e been furnished to #he
premises on Lessee's behalf. Not later than the last �ay of the term Lessee shail, at Lessee's
expense, remo�e all of Lesse�'s personal praperty and those imprv�ements made by Lessee which
have not becvme the prvperty of Lessor, including trade frxtures and the like. All property remaining
on the premises after the last day of the term of th�s lease shall be �onclusively deem�d abandvned
and may be remo�ed by �essor and Lessee shall reimburse Lessor for the cos# of such rema�al.
10. RISK �F LQSS.
Ali pers�na[ praperty place� ❑r ma�ed in the premises shail he at the ris� of the Lessee or
owner thereof. The Lessor shall nvt be respansibie �r liable �v the Lessee for a�y Ivss or damage
that may be accasivned by or through the acts vr amissivns of persans vGCUpying adjoining premises
or any part af the premises adjacent to ❑r connec#ed with the premises hereby leased vr any �art of
#he buiiding which t�e Leased Premises are a part of or any loss or damag� resultin� to #he I�essee
or its prope�ty from bursting, stapped up or leaking water, gas, sewer or steam pipes unless the same
is due tv the negligenc� of the Lessor, its agents, servants or employees.
11. RIGHT �F ENTRY.
The Lessar, or any of its agents, shall ha�e the �ight to en#er said premises during all
reasonable hours, ta examine the same ta make such repairs, additions ar alteratians as may be
deem�d necessary for the safety, comfart, ❑r preservation thereof, or of said building, or tv exhihit
said prernises. The right of entry shall likew�se exist fpr the purpose af remo�ing placards, signs,
fixtures, alteratians ar additions, which dv nvt cvnform to this agreement.
12. RESTORfNG PREIIAISES Tn nRiGIIdAL C�NOITIDN.
Lessee represents that the premises ieased are in good, sanitary and tenantable condition fvr
use py Lessee. Lessee's acceptance ar oc�upan�y of ti�e Leased Premises shall constitute a
recagnitton af such condition. Lessee hereby ac�epts the premises irt the condition they are in at the
b�ginning af this lease and agrees to mair�tain said premises in the same candi�ian, ❑rder an� repair
Page 3 of 9
as tf�ey are at the commen�ement vf said term, and to return #he premises to their arigina! candition
at the expiration vf the term, excepting only reasvnable wear and tear arising fr�m #he use thereof
under this agreement. The Less�e agrees to make gvvd tv said Lessor immed�ately upan demand,
any damage tv wa#er apparatus, vr electric lights or any fixture, appliances ar a�purtenances of said
premises, or vf the walls or the buil�ing �aused by any act ar neglec� of Lessee or �f any person or
persons in the employ vr under the control of the Lessee.
13. INSlJRANCE.
Lessee agrees to comply with alf terms, pcvvtsions ar�d requirements contained in Exhihit "S"
attach�d hereta and made a part hereaf as if said document were f�lly set forth at length herein.
'14. MAIIdTENANGE.
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Lessor shall keep the foundativn, ❑�ter walls, roaf and buried �onduits af the premises in od
repair, exrept #hat t�e Lessar shall no# be called on tv make any such repairs occasioned b the
negligence af the Lessee, its agents, express or implied in►►itees, or employees. Lessee shall �eep
the inside of said premises and the interioT doors, windaws and window frames of said premises in
gvod order, condition and repair ar�d s�ail also kee� the premises ir� a clean, sani#ary and safe
condition in accordance with law and in accvrdance with all directions, rules and regulations of
gv�ernmen#al agencies ha�ing jurisdi�tion. The Lessee shall he responsibie for providing al� light
�ulbs used on the premises. Th� pl�mbing fa�ilities shall not be used for any vtf�er purpvses than
tha# fvr which they are constru�ted and na fareign s�bstances vf any ki�d shall be thrown therein,
and the expense af any breakage, stoppage ❑r damage resul#ing from the ►►ivlativn of #his �ro�ision
shall be bome hy the Lessee. The heatir�g and air-canditi�ning system and plum�ing �acilities s�a21
be under #he controi of Lessee, and Lessee agrees that all operation, upkeep, repairs and
replacements will be at Lessee's expense, except where the repairs ❑r repfacements shall he r,aused
by the negligence vr misuse hy Lessar or its emplvyees, agen#s, invitees, Qr licensees. In the e�ent
�essor pays any monies req�ired to be paid �y Lessee hereunder, said mvnies shall constitute
additivna[ rent Hereunder, and Lessvr shali demand repayme�t vf same from Lesse� and Lessee
shall make payment withir� ten (1 �} �ays vf re�eipt vf said demand. Lessee's faiiure to make such
repayment within t�e #en �'I Q} day period shall constitute a default under the terms of thi� lease.
'15. DESTRlJCTION �F PREMfSES.
In the er►en# that the buildir�g should be partially or totally destroyed by fire, earthquake ar
vther cause, this lease may be terminated by either Party hereta. Lessor shall nvt be require� to
repair vr rebuild. Lessee, may, at its discretion, choose tv repair and re�uild at Lessee`s expense. If
the Lessee intends ta rebuild or re�air the p�emises, he shall, within fifteen �15) days after the date vf
such damage, gi�e written notice to Lessvr vf the intention to rebuild vr repair and shall proceed witfi�
reasonahle �iligen�e to restore the bui[ding ta substantially the same cor�ditivn i� which ii was
immediately prior ta the destructian.
'Ifi. EMINENT DDMAIN.
If the wh�le ❑r a�y part of the premises hereby leased shall �e taken by any public auth�rity
under pawer of eminent domain, then the term vf this �ease shall cease �n the part so taken from the
date title �ests pursuan# to such takir�g, and the r�nt and any ad�itional rent shafl be paid up to tha#
day, and if s�ch portion af #�e D�mised Premises is s❑ taken as tv destroy the use�ulness of #he
Page 4 vf 9
premises far #he purpose for which the premises were leased, then from that day the Lessee shall
have the rig�t tv either terminate this lease or tv continue in poss�ssivn of t�e remainder vf the same
under the terms herein pro�ided, except that the rent shall be reduc�d in prop�rtion ta the amaunt of
the premises taken. The parties agree that the Lessee shall nvt be entitled tv any damages �y
reason of th� taking of this leasehald, vr he entitfed to any part af the award for such taking, vr any
payrnent in fieu t�ereof.
'!7. SUBQRDINATI�N.
This I�ase and the rights �f the Lessee hereunder are hereby made subject and subordinate
to alf bona fide martgages nvw �r hereafter pfaced upvn t�e said premises hy the �essar and any
other �wner prv�ided, however, that sucF� mortgages will not ca�er the equipment and furniture or
furnishings ❑n the premises vwned by the Lessee. The Lessee further agrees to execute any
instrument af subordination whi�h might he required by mortgagee af the Lessor. c�
�
18. DEFAIILT; REMEOIES. �
a�
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(a� The Lessee �urther ca�enants that, if default shall be made in the payment of rent, or any
additianal rent, wh�n due, ❑r if the Lessee shalf ►►EOlate any of the o#her couenants of this lease and
fail to correct such default within fifteen (15] days after a written request by the Lessor ta d❑ sv, ther�
the Lessor may, at 'rts aption, deem this lease terminated, accelerate a!I ren#s a�� future rents called
f�r hereunder an� Less�e shal! becvme a tenant at sufferance, ar�d the Lessor shall be entitied to
obtain possessian �f the premises as pro�ided �y law.
(b) In case the Leased Property s�afl he abandaned, as such term is defined by Fl�rida
Statutes, the I�essor, after written noti�e as provided by Fl�rida Statutes tv the Lessee, Lessor may
{i} re-�nter the premises as th� agent of the Lessee, either hy farce or otherwis�, withaut being fia�le
to any prose�utian ❑r claim therefvr, and may relet the �eased Property as the agent vf the Lessee
and recei�e the rent therefor and apply the same i� the paymen# of such expenses as Lessvr may
ha�e incurred in �onnectivn with the reco�ery of possession, reductian, rsfurbishing ar otherw�se
changing or preparing far reletting, including brokerage and reasonable attvrneys fee�. Thereafter, it
shall be app�ied to the paym�nt of damages in amvunts equal to the rent hereun�er and to tt�e cost
and expenses af �erFvrmance af the vther co�enants of Lessee as pro�ided �erein; or {ii} the Lessor
may, at its option, terminate this lease by gi�ing th� Lessee fifteen (15} days' written nvtice vf such
intent�vn served upon the Lessee �r Ieft upvn the Leased Property, and the term �ereof shall
a�sofute�y sxpire and terminate immediate{y upan the expirativn of sai� fifteen {� 5} day periad, but
the Lessee shall ne�ertheless and thereafter be iiable to the Lessvr for any deficiency between the
rent due her�under for the �alance of the te�m vf this lease and the rent actually received hy Lessar
frvm the �eased Property fvr the balance of said term.
{c} The Lessor, at iis option, may terminate this lease as fQr a default upvn the accurrence of
any ❑r all of the follvwing e�ents: an assignmer►# by Lessee far th� benefit af creditors; or the filing af
a �oluntary or in�viuntary petition by vr against Lessee under ar�y law fvr the purpose af adjudicating
Lessee bankrupt; or fvr reargani�ation, dissolution, or arrangement vn ar.count of or #o pre�ent
bankruptcy or insal�er�cy; vr the appointment vf a re�ei�er of the assets af Lessee; ❑r the �ankruptcy
�f the Lessee. Each af the faregoing events shall canstitute a default by �essee and �reach �f this
lease.
Page 5 Qf g
td} Lessor, at i�s o�tion, may terminate this Lease in the event that the City Council
de#ermines, at a duly cons#ituted City Caunci[ meeting that the Leased Premises are require� fnr
other municipal �urpases and serves Lessee with thirty [3fl) days written notice.
'19. MISCELLANE�L15.
�a} The Lessor shail ha�e the unrestri�ted right �f assigning this lease at any time, and in the
e�ent of such assignment, the Lessor s�all be relie�ed vf all liabilities hereunder.
�b} This �antract s�all �ind t�e Lessor and its assigns or s�ccessvrs, and the Lessee and
assigns and suc�essvrs af th� L�ssee.
{c} It is understood an� agreed b�trn►een tF�e partfes hereta #hat time is of #he esser�ce vf this
contract and this applies tv a�l terms and c�ndi#ians contained herein. c�
�
(d} It is und�rstood and agreed betw�en the parties here#o t�at written natice sent hy cer�fied
or registered mail, ar hand deli�ered to the premises �eased hereunder, shall constitute suffrcient
nvti�e tv the Lessee, and wri�ten nviice sent �y certified �r regist�red mail or hand de(i�ered ia #he
affi�e af the Lessv� shall constitute su�ficient noti�e tv the Lessor, to comply with the terms �f this
cvn#ra�t.
{�} The rights of t�e Lessor under the foreg�ing shall he cumulati►►e, ar�d failure ar� the part af
the Lessor to exercise prvmptfy any rights gi�en hereunder shall no# ❑perate to forf�it any of the said
rights.
(f} lt is hereby understovd and agreed that Lessee shall use no signs in connection with the
premises hereunder, except existing signs and signs inside the b�ilding, which signs shall be subject
tv the prior approval of the Lessvr, and in accardance with #he law.
[g} 1t is understavd that n❑ representations ❑r promises shall be hinding ❑n the parties heretv
excep� thvse representations and pramises contained herein ar in some future writing signed by the
party making s�ach represer�tatians ❑r promises.
{h} lt is hereby agreed that if any ins�ailment af rent ❑r any other sum due fr�m Lessee is not
received by Lessor within fi�e (5} days after such amaur�t shall be due, Lessee shall pay to Lessar a
late charge equal #o fi►►e perr.ent �5°Io) af such o�erdue amvunt. The Lessar shall not �e required to
accep# any rent not paid within �i�e �5} days suhsequent of the date when �ue absent the
simultaneaus payment af this late charge. Th� requirement far a late charge set vut herein shall not
he cons#rued to create a curati�e period ar a gra�e period far the timely payment af r�nt.
�0. SUBRaGATI�N.
The Lessar and Lessee do agree that eac#� will �ause its poficies af insurance for fire and
sxtended coverage to �e so endarsed as to waive any rights vf suhrogation whi�h wvuld be
❑therwise a�ailable to the insurance carriers, by reason af any Ioss ar damage to the Leased
Pr�perfy ❑r prvperty of Lessor. Ea�h par#y sha[I loak first to any insurar�ce in its fa�or before making
any �laim against #he other party. Nothing contained herein shall in any way be consi�ered or
c�nstrued as a waiuer ❑r rslease by the Lessor vf any and all of the other �o�enants and conditions
contained in this lease to be perfvrmed by the Lessee.
Page 6 af 9
21. ESTDPPEL LETTER.
ln the event Lessvr shall vbtain a Ivan fram an institutianal lender, and if the following shall he
a req�airement af such Ivan, the L�esses agrees to exec�#e an estappel letter in fa�vr af the lender
verifying ths s#anding of the lease, the terms thereof, and alf amaunts paid thereur�der and such
other matters as may be reasonably requested.
22. PARKING SPACES.
Lessee shall have the right to use the parking la# adjacen# tv the huilding �# which the �eased
Premises is a part.
23. IN�EMNIFICATIDN. cv
�
The Lessee shall indemni#y the Lessvr aga�nst all liabilities, expenses and Ivsses incurr� by
the Lessvr arising out of or related to the Leased Premises, Lessee's use ❑r vccupancy th�af,
5ublessee's use ar oc�upancy therevf, tv incfude but not beir�g limited to �a} failure by the Lessee,
5uhlessees, vr #heir agents, ta perfvrm any pro�ision, term, rv�enant vr agreement required t� be
perFvrm�d by the Lessee or S�abfessses under #his agreement; ��} any occurrence, injury ar persanal
or property damage whi�h shall happen in or ahaut the Leas�d Property or appurtenances resul#ing
from the candition, mair�tenance, constru�tion vn v� of the �peration of th� Leased Property; {�}
failure #a comply wit� any requirements of any go�ernmental autharity or insuran�e campany insuring
the Leased Prflperty or its conten#s; �d) any security agreement, conditional bill of saie ❑r chattei
martgage ar mechanic's lien cannec#ed with Lessee ❑r Su�lessees, their abligatians or vperatians,
file� against the Leased Property, fixtures, equipment ❑r persvnality thereir�; and �e} any cvnstru�tion,
work, alterativns or imprv�ements by Lessee or Sublessees vn the Leas�d Property. 5uch
indemnificat�on shall inGlude reasvr�able attarney's fees for all proceedings, trials and appeals. This
prv�ision shaH s�rvive expiratian ar termination of this Lease.
24. "AS 15" C�NDITIDN.
The Lessee accepts the Leased Prernises vn an "as is� basis, and Lessor shal! have nv
ahligation ta imprv�e ar remadel the Leased Premises.
Z5. C�NSTRUCTIVE EVICT�OM.
Lessee s�all nvt be entitled tfl claim a�onstructi�e eviction €ram the premises urtless Lessee
shafl ha�e first notified Lessa� in writing of the cvndition ar �anditians giving rise #heretv and, if the
complaints be justifed, unless Lessor shalE ha�e failed within a reasonable time after receipt of such
natice tv remedy such canditions.
2�. JANITDRIAL EXPEN5E5.
Lessee sha�l obtain janitorial services far the Leased Premises ai its expense.
Page 7 of 9
�T. SEVERANCE.
The inva�idity ar ur�enforceability of any portian of �his lease shall in nowise afFect the
remaining pro�isions and portions hereof.
28. CAPTIQNS.
The paragraph ca�tians used throughaut this lease are for the purpose vf reference ❑nly and
are not to be considered ir� the constructivn of this lease ❑r in the interpretation of the rights ar
�bligativns of the parties here#o.
29. N❑ HAZARDOLl5 MATERIALS.
The Lessee herewi#h co�enants and agrees that n❑ hazardous materials, hazardous wasi�, or
a#her ha�ardaus substan�es will he used, handled, stared or otherwise placed upon tf�e prape ar,
in the alternative, that s�ch materials, wastes or substances may he Ivcated on the prvperty, nly
upon the prior written consent af #he L.essor hereunder, an� only in strict acavrd and compliance�ivith
any and all applicable state and federal laws and ordinances. In the e�ent such materials are
utilized, handled, stared vr vtherwise placed upan the property, Lessee expressly herewith ag�ees tv
ir�demnify and hald Lessvr harmless from any and all costs incurred by Lessor �r damages as may
be assessed agains# Lessor in canr�ectivn with or otherwise relating �� said hazardaus materials,
wastes ❑r suhstanres at anytime, withaut regard ta the term af this lease. This pro�ision shafl
specifically survi�e the termina#ivr� hereof.
3fl. CaN F�RMANCE WITH LAWS,
Lessee agrees tv com�ly with all applica�le federal, state and focal laws during the life vf this
�ontrac�.
31. ATTaRNEY'S FEES.
In the e�eni that e�ther party seeks #o enforce this Cantra�t through attorneys at law, then the
part�es agree that each party shall b�ar its awn attvrr�ey fees and �osts.
32. GOVERNING LAW.
The laws of the 5tate of Florida shall goverr� this �ontract, ar�d any actian brough# �y eitF�er
party shall lie in Pine�las County, Florida.
Page 8 0# 9
IN WITNESS WHEREDF, the parties �eret� have executed this Cantract as of the date s�t
fa�tt� aba�e.
Countsrsigned:
George PV. Cretekvs
Mayar
Appro�ed as ta form:
Laura Lipawski Mahony
Assistant City Attorney
Attest:
�
Witne s
� � • W 1�7�
Print Witn ss N me
Vllitness
Print Witness Name
CITY �F CLEARWATER, FL�RI�A
�
William B. Horne II
City Manager
Attest:
Rvsemarie Galf
City Clerk
Jof�n L[Jnger and Lois Unger
By: r L �.�--•
J n L. LJnger
G
By: - � ��
Lois linger
Page 9 of 9
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1"his is not a survey
PARK STREET
9' 44' ° W 232.75'
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SARAH McM�TLLEN REPLAT
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Legal Description
Commence at the Northeast comer af Lvt 1 b, Block B, c�
"�oa�hman Heights Subdi�ision Replat" located in Plat �
Sovk 2U, Page 2b vf the Public Recvrds of Pinel�as Gvunty; �
run Nvrth 73.04 feet along the West right-of-way of Mar�in Luther
King Jr. Avenue fv the 5auth right-of-way of Park 5treet;
thence N 89° 44' QU" W, alvng the Sauth right-of way of Fark
5treet, a distance of GQ.54 feet tv a Point of Beginning; then�e
N 89° 44' Qa" VL�, continuing along said South right-of way af
Park Street, a distance of 23Z.75 feet; thence Sauth, parallel to
said West righ�-af way ofMar�in Luther I�ing 7r A�enue, a distanc�
of 55.3U feet to the centerline �f the �acated 1 S.4 favt alley way;
thence 5 89° 44' DO" E, heing parallel to said 5auth right-of way vf
Park Street and along the centerline of the �acated 15.4 feet alley
way, a distance vf 143.25 feet; thence South, parallel to said
West right-of way af Martin Luiher King Jr A�enu�, a distance
❑f 119,25 f��t; thence S 89° 44' 0�" E, parallel to said
Sauth right-of-way of Park Stireet, a distance of 89.54 feet;
thence North, acrvss the �acated 15.4 foot alley way and parallel
ta said West right-vf way vf Martin Luther King �r A�enue,
a distance of 1$4.55 feet, tv the Pvint af Beginning.
Gontaining ZS,782 5quare Feet, more or less
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INSURANCE REQIJIREMENTS FQR LESSEE
The Lessee shall, at its awn cns# and expense� acquire and maintain �and cause sub-le5sees and �endors,
if applicable, ta acquire and maintain} during the term with the City, sufficient insurance tn adequately
prat�ct the respecti�e interest af the parties. Co�erage �hall be nhtained with a carrier having an AM
Best Rating of A-VII ar better. Specifically Che Lessee must �arry the folfowing minimum types and
amounts of insurance on an �ccurrence basis or in the case of co�erage that eannot be o6tained Qn an
❑ecurrence hasis, then caverage �an be obtained nn a claims-made basis with a minimum three {3} year N
�
tail failowing the terminativn or expiration of this Agreement: E
a�
�
1. Commereial General Liah�lity �nsurance including but not limited tfl, premises aperati�ns,
praducts/cnmpleted vperatiflns, products IRahility, cantractual liahility, inclependent
contractors, persanal injury and advertising injury and $i3OUD,i]�0 per ntcurrence and
$1,�U0,000 gen�rai aggregate and $1,a0D,DOQ praduct5�campfeted nperatian aggregate.
�. C�mmercial Automohile Liahifity Insurance far any vwned, non-owned. hired or barrnwed
autnm��ile is required in the minimum amount af $1,000,� cam�ined single limit.
3. 5tat�atnry W��kers' Cnmpensatian fnsurance and Employers Liak�ility Insuraroce in the
minimum amaunt nf $1Q0,�0� each employee each accident, $100,Uap ea�h employee hy
d9sease and $5a0,�D� aggregate by di5ease with benefits affarded under the laws of the
State of Flori�a. Co�erage shnu�d include Valur�tary Compensation ar�d LJ.S.
Lnngshoremen's and Harbor Warke�'s A�t co��rage w�ere appiicahle. Cn�erage must be
applicable ta emplayees, cvntraetars, and suhrnntra�tors, if any.
4. 1f tne LeSSee is using its own prflperty in cnnnectian with the pertormance nf its vbffgatians
under this Agreement, then �raperty Insurance an an "All Risks" hasis with repia�ement
cost coverage fo� praperty and equi�ment in the care� custndy and cantrol of athers is
required.
The aho�e in5urance limits may be achie�ed hy a comhinatian of pr9mary and umbrella�excess liabitity
policies.
Page 1 of 2
City of Clearwater
O1�a��2�12
Other Insurance Pra�isinns:
1. The City is tn be specificaily inclucied as an "Insured" on the Commercial Liability Insurance,
and Cammercial Auta Lia�ility Insurance poiicies listed.
2. Prior to the executinn of this Agreement �and se�en {7j day5 prior ta the 5tart a# work under
this Agreementy then ar�nualfy upan the anni�ersary date(s} of the insurance pali�y'S
renewal datejsy, the Lessee will furnish the City witFe a Certificate nf Insuran�e e�idencing
the ca�erages set forth abo�e and naming the City as an "Insured" an the Lessee's
Comrrtercial �eneral Liahility Insurance and Commercial Auta Lia�ility Insurance policies
listed ahove. In addition, Lessee will pro�ide the City with �ertified copie5 af all applicable N
policies when requested ir� writing frnm the City. The address where s�ch certificates and �
E
certified policie5 sha11 be sent nr deli�ered is as foilnws: °�
�
City af Clearwater
Attn: Engineering
P.Q. Bax 4i48
Clearwater. FL 33758-4i4$
3. �e$see si�all prnvide thirty {3[?j days written notice o# any can�elfation, nan-renewal,
termina#inn, rnaterial change or reduction in coverage.
4. Lessee's insurance as outlined above shall he primary and non-contributory coverage fnr
Lessee'S negligence.
5. Lessee shall defend, indemnify, save and hold the City harmless from any and all ciaims,
suits, judgments and liability far deaCh, persanal injury, bodily injury, ar prnperty damage
arising directEy or in�#ire�tiy inciuding legal fees, caurt eo5t5, or other legal expenses.
The stipuEated fimits of coverage aba�e shall nat be construed as a limitatiQn of any patential IiabiEity ta
the City, and failure to request evidence nf this insurance shall nat be construed as a waiver of Lessee'S
opligativn to pro�ide the insurance ca�erage specifed.
Page 2 af 2
City of Clearwater
fl1�a�./2�1�
Attachment number 2 \nPage 1
LL Legend: N
Q CRA Owned Land
z learwater 1005 Park St. � Adjacent to Prospect Lake
� Proposed CRA Acquisition �—� Proposed CRAAcquisition W E
Prepared by: O City Owned Land + n
Engineering Depar[ment at Prospect Lake I` m� L S
Geographic Technology Division
100 5. MyrUe Ave, qearwateq F� 33756
Ph: (727�562-4750, Fax: (727�526-4755 Map Gen By: CRM Reviewed By: C_L Date: 10/77/2072 Grid #: 287A S-T-R: 75-29S-15E Scale: N.T.S.
www.Myqearwater.com
Path: V:AGIS\Engineeri�g\Location MapsA1005 park St prospect lakeA1005 Yark AcquisiYion ProspecC lake.mxd
Acquisition Costs for the Purchase of 1005 Park Street
Purchase price $210,000.00
Environmental $13,940.83
+ 10% contingency $1,394.08
Closing costs 50.00
Demolition $25,000.00
+ 10% continqency $2,500.00
TOTAL $252,884.91
Agenda memo states "total expenditures not to exceed $255,000"
Attachment number 3 \nPage 1
Item # 2
Community Redevelopment
Agency Agenda
Council Chambers — City
Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the Non—Exclusive Revocable License Agreema�t for Parlcing between the Community Redevelopment Agency (CRA)
and the InterCultural Advocacy Institute, Inc. and authorize the appropriate officials to execute same.
SUMMARY:
The InterCultural Advocacy Institute (ICAI) has partnered with the City of Clearwater and the Pinellas County
Health Department and has proposed to create a farmers market in the East Gateway District.
The ICAI has identified a critical need for parking spaces for vendors and has requested the use of a portion of the
former Economy Inn lot owned by the CRA for the duration of the Clearwater Gateway Farmers Market. The
Clearwater Gateway Farmers Market is anticipated to take place every Saturday from 9 am to 2 pm. The 2012-
2013 season is expected to begin on November 17, 2012 and finish in May 2013. A Special Event Permit
application has been submitted and received conditional approval.
According to the proposed License Agreement, the ICAI will use the property only during the event time and the
premises will be locked at all other times. The ICAI will be responsible for cleaning all trash and debris from the
property after each Farmers Market event. The ICAI shall procure and maintain during the term of this License
Comprehensive General Liability Insurance. The License Fee is $1.00 for the term of the License Agreement. Either
party may terminate this License without cause upon 30 days written notice to the other party. The ICAI will fully
restore the premises to at least the same quality of condition upon termination of the Agreement.
The Clearwater Gateway Farmers Market meets the goals of the East Gateway Vision Plan approved by the CRA in
January 2012. The Plan calls for the creation of a walkable district and events that will attract more visitors to the
District and create activities for community interaction and economic opportunity. The farmers market would
support local businesses by expanding their customer base, creating new supply lines, providing marketing
opportunities, and improving their entrepreneurial skills. Furthermore, it would create a unique and positive
identity that revitalizes the East Gateway District and instills neighborhood pride and a sense of ownership.
Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 3
Attachment number 1 \nPage 1
NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT FOR PARKING
This LICENSE AGREEMENT ("License"), is made and entered into this day of
, 2012, by and between the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY CLEARWATER, FLORIDA, a public body corporate and politic of the State of
Florida ("Licensor"), and the INTERCULTURAL ADVOCACY INSTITUTE, INC. a Florida non-
profit Corporation, ("Licensee").
WITNESSETH:
1. License Premises: In consideration of Licensee timely and fully complying with the
covenants and conditions herein contained, Licensor does hereby grant to Licensee and
Licensee hereby accepts from Licensor, a non-exclusive revocable license ("License")
to utilize Pinellas County Parcel Number 15-29-15-65286-000-0190 owned by Licensor
and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF ("License Premises").
2. Use of License Premises: Licensee shall have the right and privilege to enter upon and
utilize the above-described premises (License Premises) for the sole purpose of
vehicular parking by vendors participating in periodic events known as the Clearwater
Gateway Farmer's Market (Farmer's Market). This License is valid only during Farmer's
Market events and the entrance gate to the License Premises shall be locked at all
other times. This License is not coupled with an interest and conveys no property
interest whatsoever. This License is not assignable.
3. License Term: This License is granted to Licensee upon the execution hereof and shall
remain in full force for so long as periodic Farmer's Market events occur or until this
License is terminated as provided herein.
4. Licensee's Maintenance Responsibilities: It is the sole responsibility of Licensee to
ensure that the License Premises is in good condition and safe for activities authorized
herein. Following each occurrence of the Farmer's Market, Licensee shall clean the
area of all trash and debris and lock the entrance gate such that the License Premises
is secure.
5. Licensor's Maintenance Responsibilities: At its sole discretion and in order to preserve
its property, Licensor will provide general maintenance of the License premises
including but not limited to grass mowing. Licensor's maintenance of the License
Premises is for preservation and esthetic purposes only and will not necessarily provide
for suitable conditions for activities authorized herein.
6. License Premises Unusable: During or following certain weather events, use of the
License Premises may cause abnormal damage to the ground surface. Licensee is
responsible to use its reasonable discretion in determining whether to use the License
Premises in such circumstances. Licensor, at its sole discretion, may deem the License
Item # 3
-1-
Attachment number 1 \nPage 2
Premises unusable prior to any Farmer's Market event and require that the License
Premises not be used during that event.
7. Restoration of License Premises: Upon termination of this License, and prior to thirty
(30) days thereafter, Licensee will fully restore the License Premises and any affected
areas surrounding the License Premises to at least the same quality of condition that
existed as of the date Licensee first executed any of its rights hereunder. Restoration
may include, but not be limited to, installing sod as necessary, fence repair, and
repairing ruts or depressions resulting from Licensee's use of the License Premises.
8. License Fee: Licensee agrees to pay and Licensor agrees to accept as a License Fee
for the entire term of this License the sum of One and 00/100 Dollars ($1.00), the
receipt and sufficiency of which is hereby acknowledged.
9. Security of License Premises: Licensee is solely responsible to lock the gates and
secure the License Premises following each Farmer's Market event. Further, Licensee
understands that Licensor owns additional property contiguous with the License
Premises and will make reasonable efforts to prevent trespass onto this area.
10. Termination: Either party hereto may terminate this License without cause upon thirty
(30) days written notice to the other party. Following the termination of this License,
Licensee, at its sole cost and expense, will restore the License Premises in accordance
with Paragraph 6 above and following the completion of said restoration, all rights
granted herein in favor of the Licensee shall automatically extinguish and the License
Premises shall revert fully to the Licensor as if this License had never been granted.
However, provisions of this License specifically intended to survive this License, shall
survive.
11. Liability / Indemnification: Licensor will not accept and explicitly renounces any liability
of any nature for use of the License Premises by the Licensee, its employees, agents,
contractors and invitees. Licensee shall save and hold harmless the Licensor, its
successors and/or assigns, from any and all liability arising from injury to person or
property during the term hereof. Nothing contained herein shall be construed as
creating third party beneficiaries or as consent by the Licensor to be sued by third
parties in any manner arising from this grant of License. Indemnification in accordance
with this provision shall survive termination or expiration of this License.
12. Insurance Requirements for Licensee: The Licensee shall, at its own cost and expense,
acquire and maintain (and cause contractors and subcontractors to acquire and
maintain) during the License Term, sufficient insurance to adequately protect the
respective interest of the parties. Coverage shall be obtained with a carrier having an
AM Best Rating of A-VII or better. Specifically the Licensee must carry the following
minimum types and amounts of insurance on an occurrence basis or in the case of
coverage that cannot be obtained on an occurrence basis, then coverage can be
obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
Item # 3
-2-
Attachment number 1 \nPage 3
1. Commercial General Liability Insurance including but not limited to,
premises operations, products/completed operations, products liability,
contractual liability, independent contractors, personal injury and
advertising injury and $1,000,000 per occurrence and $1,000,000
general aggregate and $1,000,000 products/completed operation
aggregate.
2. Commercial Automobile Liability Insurance for any owned, non-owned,
hired or borrowed automobile is required in the minimum amount of
$1,000,000 combined single limit.
3. Statutory Workers' Compensation Insurance and Employer's Liability
Insurance in the minimum amount of $100,000 each employee each
accident, $100,000 each employee by disease and $500,000
aggregate by disease with benefits afforded under the laws of the
State of Florida. Coverage should include Voluntary Compensation
and U.S. Longshoremen's and Harbor Worker's Act coverage where
applicable. Coverage must be applicable to employees, contractors,
and subcontractors, if any.
4. If the Licensee is using its own property Licensor's property in
connection with the performance of its obligations under this
Agreement, then Property Insurance on an "All Risks" basis with
replacement cost coverage for property and equipment in the care,
custody and control of others is required.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
1
2
The Licensor is to be specifically included as an "Additional insured" on
the Commercial Liability Insurance, and Commercial Auto Liability
Insurance policies listed above and named as a"Loss Payee" on
Licensee's Property Insurance policy.
Prior to the execution of this Agreement (and seven {7} days prior to
the start of work under this Agreement) then annually upon the
anniversary date(s) of the insurance policy's renewal date(s), the
Licensee will furnish the Licensor with a Certificate of Insurance
evidencing the coverage's set forth above and naming the Licensor as
an "Additional Insured" on the Licensee's Commercial General Liability
Insurance and Commercial Auto Liability Insurance policies listed
above and as a"Loss Payee" on the Licensee's Property Insurance
policy. In addition, Licensee will provide the Licensor with certified
copies of all applicable policies when requested in writing from the
Licensor. The address where such certificates and certified policies
shall be sent or delivered is as follows:
City of Clearwater
Attn: Economic Development Director
P.O. Box 4748
Clearwater, FL 33758-4748
Item # 3
-3-
Attachment number 1 \nPage 4
3. Licensee shall provide thirty (30) days written notice of any
cancellation, non-renewal, termination, material change or reduction in
coverage.
4. Licensee's insurance as outlined above shall be primary and non-
contributory coverage for Licensee's negligence.
5. Licensee shall defend, indemnify, save and hold the Licensor harmless
from any and all claims, suits, judgments and liability for death,
personal injury, bodily injury, or property damage arising directly or
indirectly including legal fees, court costs, or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of
any potential liability to the Licensor, and failure to request evidence of this
insurance shall not be construed as a waiver of Licensee's obligation to provide
the insurance coverage specified.
13. Other Provisions: Integral to the rights and privileges herein granted, the parties further
agree as follows:
a. Licensee shall at all times maintain the License Premises in compliance with all
applicable City of Clearwater codes.
b. Except as otherwise expressly provided for herein, Licensee shall be responsible for
any and all maintenance of the License Premises, and all expenses for utilities
required, if any, in the operation and maintenance of the License Premises.
c. Licensee, at its sole expense, shall comply with all applicable Federal, State and
Local environmental laws, and shall not allow the storage, use, disposal, or
discharge by itself or others, of any contaminants or hazardous materials as defined
in State, Federal or Local environmental laws on or about the License Premises.
d. If this License, or its operation, shall create any ad valorem or other tax obligations,
it shall be incumbent solely upon Licensee to timely discharge same.
14. Notice: Any notice given by one party to the other in connection with this License shall
be sent by United States Mail, with postage and fees prepaid, addressed as follows:
If to Licensor: Economic Development Director
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
If to Licensee: Intercultural Advocacy Institute, Inc.
612 Franklin Street
Clearwater, Florida 33756
Item # 3
-4-
Attachment number 1 \nPage 5
15. Quiet Enjoyment: Upon observing and perForming the covenants, terms and conditions
required by this License, the Licensee shall peaceably and quietly hold and enjoy the
License Premises for the term stipulated herein, without hindrance or interruption by
Licensor. It is expressly understood and agreed that all rights of ownership of the
License Premises not inconsistent with the license rights herein conveyed to Licensee
are reserved to Licensor. Subject to the terms and conditions hereof, Licensor shall
have the right at its sole discretion to grant such other licenses, rights or privileges to
other persons and entities so long as such grants shall not unreasonably interfere with
rights and privileges conveyed herein to Licensee.
16. Entire Agreement: This License contains all of the terms, conditions and covenants
binding the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parties unless expressed herein
in writing, or subsequently addended hereto by mutual agreement of the parties.
The Remainder of This Page Intentionally Left Blank
Item # 3
-5-
Attachment number 1 \nPage 6
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands
and seals the day and year first above written.
Signed, sealed and delivered
In the presence of:
Witness signature
Print Witness name
Witness signature
Print Witness name
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
INTERCULTURAL ADVOCACY
INSTITUTE, INC
:
Print Name
Title
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
:
George N. Cretekos, Chairperson
Attest:
Rosemarie Call
City Clerk
Item # 3
-6-
Attachment number 2 \nPage 1
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Community Redevelopment
Agency Agenda
Council Chambers — City
Hall
SUBJECT / RECOMMENDATION:
Meeting Date:10/29/2012
Approve the First Arr�endment to Development Agreement between the Community Development Agency of the City of Clearwater
and Mainstreet Clearwater, LLC., entered August 18, 2010 concerning a restaurant relocation assistance grant at 422-424 Cleveland
Street, to allow the removal of certain restaurant equipment to other contiguous areas of the grantee premises, and authorize the
appropriate officials to execute saine.
SUMMARY:
In 2010, a five—year restaurant loan—to—grant agr�ent was entered into between the CRA and Mainstreet
Clearwater, LLC, to facilitate the kitchen build out of the 422-424 premises to facilitate the relocaton of the Peter
Gillham's Green Organic operation to said premises. Peter Gillham has subsequently retired and closed the Green
Organic restaurant, with three years remaining on the grantee's obligation for the equipment loan—to—�nt.
The adjoining restaurant, Tony's Pizzeria has leased the space for expansion of their adjacent restaurant but does
not need all of the kitchen equipment installed under the grant. It is currently being stored in the back of the leased
area and interrupting the proposed use by Tony's.
Mainstreet Clearwater, LLC has requested to move and store the equipment in adjacent premises until such time as
an additional restaurant can be recruited for their leasable adjacent space, after which the equipment would be
installed for the purpose of the grant program, with the amortization of the grant to continue during this period.
The First Amendment would approve removal and storage of the equipment to adjacent parcels owned by the
grantee, with an installation in a restaurant within twelve months of CRA approval of the Amendment. Failure to
install by the end of the 12—month period, or remo�al of the equipment from the adjacent premises, would result in
a default of the loan—to—grant agreement and the uamortized portion of the loan—to—grant would becomedue and
payable to the CRA. Similarly, failure of the 422—�4 premises to continue in use as a restaurant by Tony's during
this period would trigger a default.
As this Amendment facilitates the expansion of Tony's Pizzeria into the 422-424 space, and the resumpfon of a
restaurant facility at that location, staff recommends approval of the Amendment.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Ciry Manager 6) Clerk
Cover Memo
Item # 4
Attachment number 1 \nPage 1
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 by 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 Capitol 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 400-418
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
Item # 4
Attachment number 1 \nPage 2
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 day of , 2012.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
:
George N. Cretekos
Chairperson
Approved as to form: Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Witnesses:
STATE OF FLORIDA
MAINSTREET CLEARWATER DEVELOPMENT,
LLC, a Florida limited liability company
:
2
Moises Agami, its Managing Member
Item # 4
COUNTY OF PINELLAS
The foregoing instrument was
, 2012 by Moises
Clearwater Development, LLC, a Florid<
company. They are personally known �
as identification.
(SEAL)
Attachment number 1 \nPage 3
acknowledged before me this day of
Agami, Managing Member of Mainstreet
� limited liability company and on behalf of said
to me or have produced a valid driver's license
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
Item # 4
!Ylf�l111ST�'��?~ �CL.��"I�G�1�9 ��R D��'��t��''/Y1�NT
25 �ctober Zi��2
1�ear Mr. �rw��,
I atr� wreting yo�s regarding the ariginaE r�s'taurant equipment purchased under the grant fnr Gr�en
{3rgar�ix Re�taurant and F'eter Gilf�am's N€atriti�nal Cer�ter 9ocated at 4�2-424 +Cle�+efar�d St in
Ciearwat�r.
Of the originaf equipment ��rchas�d �Sel�w is a i�st of the piece� rernaining a�t� in a candiC�ar+ that
appear to �e fu�ction�l at this time:
7'x5' �x�dust Haod
3 Doars Cflntair�ed Fre��l'ir�a�
Vulcan t7�uer�'Refur�ed
Frc�du�� Cc�c�ier
Upr��;ht �'vvlerchandiser
�
m
�
*k Than� y��,
�
Mr�ises Ag�mi
Attachment number 3 \nPage 1
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
Item # 4