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GRANT AGREEMENT # 13-01 - SIDEWALK CAFE FURNITUREGRANT AGREEMENT # 13 -01 GRANT AGREEMENT BETWEEN THE CLEARWATER COMMUNITY REDEVELOPMENT AGENCY AND GRANTEE ESTABLISHING TERMS AND CONDITIONS FOR SIDEWALK CAFE FURNITURE GRANT. This Grant Agreement (AGREEMENT) is entered into by and between the Clearwater Community Redevelopment Agency (CRA) and Moheb Iskander — The Mixx Bar and Grill (GRANTEE) for the purpose of a grant award for sidewalk cafe furniture. WHEREAS, a primary goal of the CRA and Downtown Development Board (DDB) is to create an enjoyable, functional and attractive environment within the Cleveland Street District; and WHEREAS, the CRA and DDB believe that such environment is vital to the economic sustainability of the City of Clearwater and, therefore, to the welfare of its citizens; and WHEREAS, the CRA and DDB wish to encourage such environment by means of incentives for the establishment of sidewalk cafes in the Cleveland Street District; and WHEREAS, the CRA has determined that it is appropriate and in the best interests of the City and its citizens to offer an incentive in the form of a cash grant for sidewalk cafe furniture; and WHEREAS, the CRA believes that it is appropriate and reasonable to expect the GRANTEE to bind itself to the CRA to produce certain results in conjunction with the sidewalk cafe furniture described herein as conditions of the incentive being offered by the CRA; WHEREAS, the GRANTEE, whose mailing address is 528 Cleveland Street, Clearwater, has requested funding under the CRA Sidewalk Cafe Furniture Grant Program for furniture to be used in conjunction with the business located at 528 Cleveland Street, Clearwater — The Mixx Bar and Grill (BUSINESS). WHEREAS, a site plan and Sidewalk Cafe Permit were approved by the City of Clearwater (CITY) for the BUSINESS on 9/26/13, WHEREAS, the CRA has approved a grant award to GRANTEE in the amount of $2,500.00 for furniture described in the GRANTEE's Sidewalk Cafe Furniture Grant Application, dated 10/1/13. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein set forth, the parties hereby agree as follows: Revision Date: 01/17/08 This grant is awarded by the CRA to the GRANTEE subject to the following terms and conditions: 1. GRANTEE will comply with all requirements for the operations, location, design, maintenance and insurance for a sidewalk cafe set forth in Section 3- 201.C. of the Clearwater Community Development Code (CODE). 2. GRANTEE acknowledges that the CITY reserves the right to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with the CODE and any conditions attached to the sidewalk cafe, and may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in the interest of public safety. 3. GRANTEE will comply with all the terms and conditions of the Sidewalk Cafe Furniture Grant Program. 4. GRANTEE agrees to return grant funds to the CITY should the business close within one year from disbursement of funds. 5. By use of any permit granted hereunder, the GRANTEE agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. ATTEST: ATTEST: ) J4 ikliA Rosemarie Call, City Clerk City of Clearwater CITY By: Revision Date: 01/17/08 Rod Irwin, Director Clearwater Community Redevelopment Agency