Loading...
03/05/20131. Call to Order COMMUNITY REDEVELOPMENT AGENCY AGENDA Location: Council Chambers - City Hall Date: 3/5/2013- 9:00 AM 2. Approval of Minutes 2.1 Approve the minutes of the February 4, 2013 CRA Meeting as submitted in written summation by the City Clerk. � Attachments 3. Citizens to be Heard re Items Not on the Agenda 4. CRA Items 4.1 Approve the amended Non-Exclusive Revocable License Agreement for Parking between the Community Redevelopment Agency and the InterCultural Advocacy Institute, Inc. and authorize appropriate officials to execute same. � Attachments 5. Other Business 5.1 Blast Friday Discussion � Attachments 6. Adjourn Community Redevelopment Agency Agenda Council Chambers - City Hall Meeting Date:3/5/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the February 4, 2013 CRA Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo ��11�:�) Attachment number 1 \nPage 1 COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES CITY OF CLEARWATER � �� � � Present: Chair/Trustee George N. Cretekos, Trustee Paul Gibson, Doreen Hock-DiPolito, Trustee Bill Jonson, and Trustee � Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silu�rbcaard -� Manager, Rod Irwin - Assistant City Manager; Pamela K Attorney, Rosemarie Call - City Clerk, and Nicole Sprag� Records and Legislative Services Coordinator. Unapproved To provide continuity for research, items are lis#etl in ac�entla order necessarily discussed in that order. 1. Call to Order — Chair Geor�� � The meeting was called to order a� 1:: 2. ; Apprca�al of Minutes 2.1 Approve the �i�r�a�es of th� �3�� written summ�tic�r� b the�Cii�� Trustee Bill Jonson moveci.tc�; approve Meeting as submitted in wri�#en summ seconded and carried unanim4usly. 3. :CRA Items .�;��ga�,.. ) p.m. at Cit� mber 3. 201 ��1�F��1t• �T'�1[�•:�lil inutes of the December 3, 2012 CRA �y the City Clerk. The motion was duly not 3.1 °[�i��uss and f�rrr��l�fe a CRA board response to the discussion at the December '�rit �RA/�[�� r°��etinq on the Cleveland Street District, for deliverv at the next Subsequent to the joint meeting between the CRA Board and the Downtown Development Board, which included members of the Clearwater powntown Partnership, the Mayor requested the CRA Executive Director to develop an CRA 2013-02-04 1 Item # 1 Attachment number 1 \nPage 2 agenda item for the February CRA meeting so the CRA Board could consider how to respond to the comments/ suggestions/recommendations expressed at the joint meeting. It is anticipated that the response would be discussed with the partners at the next joint meeting, to be determined by the Board. To facilitate the discussion of the Board, the Mayor asked the Executive Director to develop, from the CRA/ED staff perspective, a list of the major take-aways and themes from the meeting. A similar solicitation of the key take-aways and themes frorn the participant organizations were also requested by the Mayor, to inform �he Board' discussion. The consolidated CRA/ED staff list is as follows: • Heighten coordination of roles, responsibilities and wQrk organizations involved in Downtown/Cleveland Street � redevelopment effort, to leverage more effective ac�om and objectives and avoid duplication; • Develop strategy and tactics to positively engage Down1 Street District property owners retail and c�ffice in efforts and business recruitment/retention; • Develop strategy to catalyze priu�t� investment in C�owr Street District, to build upon signifiicant public sectQr seE • Develop and implement strategy #c� involve brc�ader segi population in redevelopment of pQwntown/Cleveland St better communicate the importance of a�:cc�nomically ui prc�grams ot ma�or strict plishment of goal� awn/�leveland at redeuelopment town/�I�:ueland d investrn�:n#, nent of res��lent�° ��et District, and �rant CBD to the broader econamic health of the comrnunity as a whole, • Streamline deve�c�prn�nt approval and p�rmitting pr+�+�ess for Qc�wntown/Clevelancl Street district, parkicularly acknowledging and reflec#ing the challenges/issues unique to a traditic�nal urban corecost, land • Deve Dowr �� � etc.; ementation of branding and marketing of ;t C�istrict. The Clearwater pov+�ntown Partnership and DDB have been invited to submit their lists, or concur with the CRA/ED list, at their discretion. The Board also ° needs to determine � timeframe for the next joint meeting. Dis�ussion ensued regarding scheduling quarterly meetings. It was suggested that the Clearw�t�;r Regional �hamber be included in future meetings. Staff was direcfied to schedule a meeting in March or April with the Clearwater Downtown Partnership and the Downtown Development Board to discuss the coordination of roles and responsibilities. CRA 2013-02-04 2 Item # 1 Attachment number 1 \nPage 3 3.2 Approve Release of Request for Proposals and Qualifications 12-13 (RFP/Q) for a mixed-use infill development on the Cleveland Street and Prospect Lake Park Site; and provide direction whether to include other parcels in the RFP/Q. The purpose of this RFP/Q is to select a qualified Development Team to successfully develop the 5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater, one block east af the DQwnt4w The City and CRA's redevelopment strategy emphasizes #k�e �creation Qf a. significant residential concentration in and around the dc�wntown core; to � the support for a retail and recreation destination environm�nt in the C1ev� Street District. The CRA views this site as a major opporkunity to fur#her thi strategy. _ re. Given the economic and real estate market conditions betweer� 20Q8 and 2012; ° the development of this site was placed on hold as the timing was not, optimal for residential development in the Downtown. During this-timeframe, �the CRA made several strategic acquisitions to heighten the fieasibility of development an the Site in preparation for improved market conditi�ans. The Stv �Aincent de Pawl �ociety Thrift Store (1.03 acre acquired in 201Qj and 1005 Parl� �fr��et (0.6 acre ac�uired in 2012) properties allow for a better segregation of uses; ��w�r construcfiiQn costs, and better site functionality. Mare r�:cently; s#aff has receiued renewed interest from the develop interest expressed in the and the CRA's TechnolQ+ rnarke# research, which in residen#ia1 d��r�:lopment a this reason, staff recomm� timing for financ�ng �'�side In addition, staff is part of the RFP/Q.' (0.275 acre) that h� project, (Parcel A); Prospect (0.412 ac project, (Parcel B).; ommunity for ;ct Lake Site' �ict. This dev� s a need for;s as available` 1 eleasing an F evelopment. ential proje�t�, with a particular ase of its proximity to Downtown ent interest alians with our own mal r�ulti-fiamily rental .ing for fihis type of product. For � fc�r fihis site to capitalize on the g direct�on whether to include two additional parcels as ro parcels ar�:1) The city-owned stormwater outparcel n decommissioned from the Prospect Lake stormwater he CRA-owned parcel on the corner of Park and t was originally Stage 3 of the Mediterranean Village StafF recornrn�r��ls adding these two parcels to the RFP/Q as it will allow for a 0.687 acr� addition to the Site for a total 6.597+/- acres available for dev�laprnent, which will improve site functionality for parking and allow an increase in density. If the CRA desires to include these two parcels or any additional parcels, the RFP/Q will be revised to reflect the decision. CRA 2013-02-04 3 Item # 1 Attachment number 1 \nPage 4 The City and CRA desire a mixed-use urban infill project in this location, with a predominant residential component. The draft RFP/Q lays out the preferred criteria for the site as follows: The major building massing should occur along Cleveland Street Development along Cleveland Street should span the width of the property, but should be no more than 3-4 stories in height, with the possibility of stepping up in height as the building(s) move back on the site. Commercial uses should be loca�ed on the first floor (along Cleveland Street) and residential uses on the upp�r floors.:The. building should have a pedestrian orientation with no m��ns of vehicular ` ingress/egress on Cleveland Street. The orientation of the developmer�t �houl�l capitalize on the site's proximity to Prospect Lake Park (i.�: integrat� the Lake as a design feature of the site concept) but not wall-off the park, The Downtown Plan allows up to 30 dwelling units or 40 I FAR of 1 for commercial; and up to 75 feet in height. Add attained through the Public Amenities Incentiue Pc�41 thro Community Development Board. As requested by the Board at the August 2012 CRA rneetin language that if greater height is needed, City Council/�RA revising the Downtown Redeu�:lopmen# Plan for a;d�velopn opportunity; however the prc�c�;ss could take appr�ximately Submissions reflecting significant variations from the prefer considered, but at the sQle and exclusive optic�n of the CRA ign, envisioned: A scr� according to the fi+ qualifications 25°1, Conceptual devef the CRA 25%. Th CRA, who will m The anticipated se I�elease RFP Prc�posal Submitta Proiect Evaluati�n > the Qpportunity to de nan�ing, construction; g team will be formed nar; � ap the RFP. av be oc acre; a can be �v the �en months. ccancept may be �oposals submitted �ility to undertake on of the project all submissions g evaluati�an criteria: 1) Developer experience and Financi�l feasibility of the developer and project 25%; 3) it prograrn and vision 25%; and4) Economic benefit to ening Team will recommend a Preferred Developer to the final selection. n schedule is as follows: February 2013 �line March 2013 Rankings lection by CRA April 2013 May 2013 June 2013 If authorized, the RFP will be available on the city's website and advertised in economic development and homebuilder association websites, as well as trade publications to ensure a wide variety of responses. CRA 2013-02-04 4 Item # 1 Attachment number 1 \nPage 5 In response to questions, Economic Development and Housing Director Geri Campos Lopez said the Request for Proposals and Qualifications (RFP/Q) states the CRA prefers a mixed-use building with a predominantly residential component fronting Cleveland Street. The building should be three to four stories tall with pedestrian orientation to Cleveland Street and no vehicular access. Maximurn height c�f building is 75 feet. Ms. Campos Lopez said the site orientation should capitali�e on the proxirnity to the lake and integrate the lake into the design feature. Staffi �nticipates the °prQ�a�sal would include the demolition of the existing buildings on the s�te�. In response to a concern, the City Attorney said the CRA Stat which is not the same as fair market value, allowing some roo The negotiated price will be based on the overall developmen economic benefit to the CRA. Staff was directed to extend the RFP/Q subm Ms. Campos Lopez said in addition to Par property listed in Agenda Item 3.4 as an o Trustee Paul Gibson moved to carried unanimously. S to a .3 Approve an I Community f • .•- .: ��- : was r�ters tc� tair vaiu�; ; :o ��ddress the price. � �� �pasal and the weeks. ` � recommend�'in�luding �ulu s�conded and �qreerr��nt between the City of Clearwater (Citv) and the ment Aa����. of the Citv of Clearwater (CRAI that outlines in the Technoloav District of the C The purpose and intent`of the Interlocal Agreement is to permit the CRA and the :ity to collaborate and make the most efficient use of their resources and ;apabilities to implernent a Virtual Incubator Program that encourages the growth af IT1Software start-up and mid-stage companies in the CRA. In Mouember 2011, the City of Clearwater approved a citywide Economic Develc�pment Strategic Plan (Plan) that calls for the creation of a Technology District and provides incentives and/or assistance to foster Information Technology (IT)/Software company growth in the City's CRA area. The Strategic CRA 2013-02-04 5 Item # 1 Attachment number 1 \nPage 6 Plan identifies IT/Software as one the city's industry clusters with the highest potential for job growth. Toward that end, the City desires to assist start-up and mid-stage companies, which generate significant job growth in the IT/Software area, that are either already located or are considering locating in the City's defined Technology District to facilitate the retention, growth and attraction of high-wage primary jobs envisioned by the Plan. In order to identify, assess, and suppt�rt the grc�wth and development of high potential start-up firms, the City needs tc� engag�; � third party that specializes in providing financial and feasibility as�essment an�l suppo services for early- and mid-stage technology businesses: In order to provide these third-party assessments and services, Clearwater Economic Development and Housing Departm�:nt � agreement with the Tampa Bay Innovation Center (TBIC), � Flc profit corporation that was established to support business devE form of business incubation and business accelera#ion services well-established process for business feasibi�ity�an�alysis and gr services for the incubator program at th� CQUn#y's Star C�nter. The TBIC agreement will allow the City tc� access normally available only thro�agh an on�sifi� incuba° Technology District without hauing to incur the ex City is best-suited to enter into the agreement wifil is ��signated by the State as the economic deuel The CRA wi11 pay the applicati� and monthly program fees ��for 1 at no more than si� clients per Program will not �xceed $25,� allot additional monies in its sc Program will be allo�a#ed from (388-94872). n fees, backg` �e Program cl ��lendar year. ense of 'City of nter into an i,-based not-f rnent in the ��;y provide a h suqt�ort C RA's ;al location. The TBIC becaus� �the Department pment agency. ck�eck fees, security deposits Client participation is capped ��iL�•��l ..FliiiilFl . �� • . � • �iT :ver, the parties agree that the CRA will ion and as needed. The funding for this 's Technology District Incentives line item In response to questions, Ecc�nomic Development and Housing Director Geri Campos Lap�z said the businesses will already be in Clearwater but desire a physical location in the'Cf�A., The Tamp� Bay lnnovations Center provides programs and offices the businesses can use. There are nine technology/software related companies in DowntQwn Cl�:arwater. Trustee Bili:Jonson moved to approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater (CRA) that outlines responsibilities for funding a Virtual Incubator Program, which fosters early- and mid-stage IT/Software company growth in the Technology District of CRA 2013-02-04 6 Item # 1 Attachment number 1 \nPage 7 the CRA, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 3.4 Park Street. Clearwater. bv the Communitv Redevel to exceed $165,000 includinq environmental assessmf and demolition exaenses: aaarove the terms and cond appropriate officials to execute same, toqether with all to affect closina: and aparove a transfer of �165.000 fi _ �o � . �. �; ,� • - � � ' f:,: : �P, 4�'` , � � �. :�. � � �. . '� i � r �� ��� �;� _ ��� Park Street, in the amount of $165,000 to fund the acquisition and �t��ndant expenses. The subject property is located at 1021 Park Street adjacent to CRA and Gity land holdings assembled as the Pros�ect Lake Park site. Th� p�rc�:� is approxinnat�ly 11,105 square feet. The acquisi�ion will prAVide #ha� �apporturtifi�r to, vacate a por�ion of Park Street resulting in an �dditional 1,800 square feet of 1an�1 area to which the CRA would hold f�:e titl�;. If acquired, this property will ta�: inclucled in the forkhcoming Request for Proposals and Quaiific�ations for Qeuelopment of the and P �perty basis. Staff ha� nei beginning on the cl property and the s� the expiration of th� demolition of impro appraisal performe� The appraiser's val property as assemt $120,000. � >spect Lake Park Sifi�.-The prop�:rty owner currently 3r commercial use. T�� lease is c�n a month-to-month ;d' a:lease (Leaseback) fc�r a period of six months, date; f�r #he tenant's continued occupancy of the administration of the above-mentioned lease. Following �eback, the property will be vacated and prepared for the nts. The purchase price is consistent with an independent he property''by James Millspaugh and Associates, Inc. nclusion provided an estimated range of value of the �ith the Prospect Lake site between $110,000 and Trustee Dt�re�n Hc�ck-DiPolito moved to Approve the Purchase Contract for the purchase;c�f real property located at 1021 Park Street, Clearwater, by the Community Redeveloprr�ent Agency of the City of Clearwater (CRA), with a purchase price of $120,000 and total expenditures not to exceed $165,000 including environmental assessments, survey, closing costs and demolition expenses; approve the terms and conditions of the related temporary occupancy lease between the CRA the seller; and CRA 2013-02-04 7 Item # 1 Attachment number 1 \nPage 8 authorize the appropriate officials to execute same, together with all other instruments required to affect closing; and approve a transfer of $165,000 from CRA Project 388- 94847, Clearwater Centre, to new Project 388-94877,Propery Acquisition 1021 Park Street, in the amount of $165,000 to fund the acquisition and attendant expenses. The motion was duly seconded and carried unanimously. Trustee Jay Polglaze moved to take Item 3.2 off the table. The motion seconded and carried unanimously. Trustee Paul Gibson moved to approve Item 3.2, to include P Park Street. The motion was duly seconded and carried una� �' � : - CRA Executive Director Rod Irwin thanked Real Estate Servi Lane for his efforts with the Ruth Eckerd Hall easemen# neac Mr. Irwin said the Blast Friday events have I crowd issues. Staff has been informed that Group may request to close the intersection through a special event permit. Engineerinc would be diverted to Osceola and �arden P direct traffic. � s after e •�, with co eeting adjourned Attest City Clerk . .. sensus to allo aas suggested ��; aermit if neE p.m. Chair City of Clearwater uly �ubmitted, for the the street closure CRA 2013-02-04 8 Item # 1 Community Redevelopment Agency Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/5/2013 Approve the amended Non-Exclusive Revocable License Agreement for Parking between the Community Redevelopment Agency and the InterCultural Advocacy Institute, Inc. and authorize appropriate officials to execute same. SUMMARY: The InterCultural Advocacy Institute (ICAI) has partnered with the Clearwater Community Redevelopment Agency (CRA), the City of Clearwater and the Pinellas County Health Department and is managing the operations of the Clearwater Gateway Farmers Market (Farmers Market) in the East Gateway District. The grand opening of the Clearwater Gateway Farmers Market took place on Saturday, January 12, 2013 with attendance from over 2,200 people. Since its opening, approximately 7,000 Pinellas County residents and visitors have shopped at the Farmers Market and, on average, 34 vendors participate each week. The Clearwater Gateway Farmers Market is open to the public every Saturday from 9 am to 2 pm. The 2012-2013 season began on January 12, 2013 and is expected to finish on May 25, 2013. On October 15, 2012, the CRA Board approved the Non-Exclusive Revocable Licensee Agreement (agreement) for Parking between the CRA and the ICAI. The agreement called for the "sole purpose of vehicular parking by vendors" participating in the Farmers Market. It also indicated that the area that could be used was 108 ft. long (from the west boundary of the CRA property). The ICAI has identified a critical need for parking spaces for clients and has requested the use of a larger portion of the former Economy Inn lot for both Farmers Market vendors and clients for the duration of the Clearwater Gateway Farmers Market (as portrayed in Exhibit A). This expansion will provide parking that is more convenient to the clients of the Farmers Market and potentially alleviate traffic congestion from adjacent neighborhood streets and the Cleveland Plaza (where Nature's Food Patch and Save-A-Lot are located). Review Approval: 1) Off'ice of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo ��11�:�� Attachment number 1 \nPage 1 NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT FOR PARKING This �m��d�d LICENSE AGREEMENT ("License"), is made and entered into this day of , 2013, 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 ��d �I���t� participating in periodic events known as the Clearwater Gateway F�rm�r� Market (F�rm�r� Market). This License is valid only during F�rm�r� 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 and effect through May 25, 2013 unless otherwise terminated as provided herein. This License may be renewed each year for a period beginning on September 1, and ending on May 31 of the following year upon mutual written agreement of both parties. For purposes of this paragraph, written agreement may include letter format or email communications. 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 F�rm�r� 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. I[�'ii�:3�•l -1- Attachment number 1 \nPage 2 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 Premises unusable prior to any F�rm�r� 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 F�rm�r� 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 (tem # 2 -2- Attachment number 1 \nPage 3 obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 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: I[�'ii�:3�•l -3- Attachment number 1 \nPage 4 City of Clearwater Attn: Economic Development Director P.O. Box 4748 Clearwater, FL 33758-4748 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 I[�'ii�:3�•l -4- Attachment number 1 \nPage 5 15. Quiet Enioyment: 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 Aqreement: 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 I[�'ii�:3�•l -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 I[�'ii�:3�•l � Attachment number 2 \nPage 1 � Clearwater u Preparetl by: Engineering Department Geogrephic 7echnology Division 100 S. MyrtleAVe, qearwater, PL 33756 Ph:�727)562-4750, Pax:�727)526-4755 www.MyC learwater.com License Agreement between the CRA and the Intercultural Advocacy Institute Parking for Clearwater Gateway Farmer's Market Map Gen By: CRM I Reviewed By: C_L I Date: 02/15/13 I Grid #: 287B I S-T-R: 15-29-15 N W E 1'f 2 S Scale: N.T.S. Path: V:\GIS\Engineering\Location Maps\GATEWAY_FARMERS_MARKET_PARKING_021513.mxd Community Redevelopment Agency Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Blast Friday Discussion SUlVIlVIARY: Review Approval: Meeting Date:3/5/2013 5/7/2013