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12/01/2014Monday, December 1, 2014 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 City Hall Chambers Community Redevelopment Agency Meeting Agenda December 1, 2014Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the November 3, 2014 CRA meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items 4.1 Approve the Second Amendment to the Development Agreement between the Community Redevelopment Agency and Water’s Edge Real Estate Acquisition, LP, to provide for early termination of the Agreement and authorize appropriate officials to execute same. 4.2 Deny the request to lease a portion of the former Economy Inn site for the creation of a community garden in the East Gateway. 5. Adjourn Page 2 City of Clearwater Printed on 11/25/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-722 Agenda Date: 12/1/2014 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the November 3, 2014 CRA meeting as submitted in written summation by the City Clerk. SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/25/2014 Community Redevelopment Agency Meeting Minutes November 3, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, November 3, 2014 1:00 PM City Hall Chambers Community Redevelopment Agency Page 1 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 3, 2014 Roll Call Present 5 - Chair George N. Cretekos, Trustee Doreen Hock-DiPolito, Trustee Jay E. Polglaze, Trustee Bill Jonson, and Trustee Hoyt Hamilton Also Present - William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - CRA Executive Director/ Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call To Order – Chair Cretekos The meeting was called to order at 1:05 p.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the September 15, 2014 CRA Meeting as submitted in written summation by the City Clerk. Trustee Jonson moved to approve the minutes of the September 15, 2014 CRA Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda – None. 4. New Business Items 4.1 FRA Award for Capitol Theatre - Geri Campos Lopez, Economic Development and Housing Director Economic Development and Housing Director Geri Campos-Lopez said the City of Clearwater and Ruth Eckerd Hall were recently honored with the Florida Redevelopment Association's Roy F. Kenzie Award for their outstanding efforts in renovating the Capitol Theatre in Downtown. Ms. Campos Lopez recognized Ruth Eckerd Hall's President and CEO Zev Page 2 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 3, 2014 Buffman and presented Council with the award. 4.2 Approve the Memorandum of Agreement between the CRA and Clearwater Downtown Events, Inc, a 501© 4 Not-for-Profit Corporation, for the provision of a revised schedule of Blast Friday events in the Cleveland Street District, approve a $75,000 grant to Clearwater Downtown Events, Inc. to underwrite a portion of the revised Blast Friday Program, and authorize the appropriate officials to execute same. Last year, at the time the CRA Board approved funding for the 2013-2014 season of Blast Friday, the Board provided guidance to staff that the existent format was not, in the Board’s opinion, accomplishing the economic impact and retail attraction/assistance anticipated. The Board advised staff that a complete revamping of the program would be a prerequisite for the Board to consider future funding of a “Blast Friday-type” program. Specific changes suggested by the Board included: • A festival, rather than purely musical event, format; • Extension of the event the length of Cleveland Street, from Osceola to East; • More varied musical program to appeal to a broader demographic; • Inclusion of Food Truck components; • Incorporation of Cleveland Street businesses, allowing them to better realize benefit of the events. CRA staff, the Clearwater Downtown Events, Inc., the volunteer group managing the Blast Friday for the CRA, Ruth Eckerd Hall and Downtown Development Board (DDB) representatives have had discussions concerning a mutual desire of the group to continue the Blast Friday consistent with the CRA Board’s direction. The program schedule and budget is directly in response to those discussions. They represent a significant redirection of the thrust of previous Blast Friday programs and include the components delineated by the CRA Board last year as a condition for future grant funding consideration. The DDB has indicated support of a $17,979 DDB grant request. CRA staff recommends approval of the Memorandum of Agreement and approval of $75,000 to fund the CRA contribution. APPROPRIATION CODE AND AMOUNT: 188-09311-582000-552-000-000 - $75,000 A future budget amendment will return $75,000 from the 388-94714, Downtown Redevelopment to fund the Blast Friday grant. A concern was expressed regarding the expectation of creating larger crowds. It was suggested that the events should attract local crowds not Page 3 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 3, 2014 larger crowds. Trustee Hock-DiPolito moved to approve the Memorandum of Agreement between the CRA and Clearwater Downtown Events, Inc, a 501c4 Not-for-Profit Corporation, for the provision of a revised schedule of Blast Friday events in the Cleveland Street District, approve a $75,000 grant to Clearwater Downtown Events, Inc. to underwrite a portion of the revised Blast Friday Program, and authorize the appropriate officials to execute same. The motion was duly seconded and upon the vote being taken: Ayes: 4 - Chair Cretekos, Trustee Hock-DiPolito, Trustee Polglaze and Trustee Hamilton Nays: 1 - Trustee Jonson Motion carried. 5. Adjourn The meeting adjourned at 1:15 p.m. Chair Community Redevelopment Agency Attest City Clerk Page 4 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-721 Agenda Date: 12/1/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the Second Amendment to the Development Agreement between the Community Redevelopment Agency and Water’s Edge Real Estate Acquisition, LP, to provide for early termination of the Agreement and authorize appropriate officials to execute same. SUMMARY: The Community Redevelopment Agency (Agency) and Developer’s predecessor in interest, Opus South Development, L.L.C., entered into a Development Agreement dated December 19, 2006, as evidenced by that certain Memorandum of Development Agreement recorded on December 29, 2006 in Official Records Book 15557, Page 1062 of the Public Records of Pinellas County, Florida, to develop certain parcels located at the southwest corner of the intersection of Cleveland Street and Osceola Avenue, Clearwater, Florida, within the community redevelopment area of the City for a development known as the Water ’s Edge project (the Project). Subsequent thereto, Opus South Development, L .L.C., and its related entities, assigned their rights under the Development Agreement to Water ’s Edge Clearwater, LLC, a Delaware limited liability company, which subsequently assigned its rights under the Development Agreement to Water’s Edge Real Estate Acquisition, LP (Developer) pursuant to the Assignment and Assumption Agreement recorded August 5, 2010 in Official Records Book 16993, Page 1845 of the Public Records of Pinellas County, Florida. Section 11.19(a) of the Amended Development Agreement dated December 21, 2011 [Memorandum of First Amendment to Development Agreement was recorded on December 29, 2011 in Official Records Book 17447, Page 1818 of the Public Records of Pinellas County, Florida] provides that the Development Agreement will expire and have no further force and effect (except for those matters, if any, which expressly survive such expiration) on the tenth anniversary of the Effective Date of the Amended Development Agreement, which is December 29, 2016. The purpose of the Second Amendment is to confirm that both the Agency and Developer have satisfactorily completed all obligations as set forth in the Amended Development Agreement, and that both parties desire to terminate the Amended Development Agreement early. Page 1 City of Clearwater Printed on 11/25/2014 File Number: ID#14-721 Page 2 City of Clearwater Printed on 11/25/2014 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (Waters Edge Development) This Second Amendment to Development Agreement (“Second Amendment”) is made as of this __ day of ______________, 2014 (“Effective Date of the Second Amendment”), by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (“Agency”), and WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership (“Developer”). W I T N E S S E T H: WHEREAS, the Agency and Developer’s predecessor in interest, OPUS SOUTH DEVELOPMENT, L.L.C., entered into a Development Agreement dated December 19, 2006, as evidenced by that certain “Memorandum of Development Agreement” recorded on December 29, 2006 in Official Records Book 15557, Page 1062 of the Public Records of Pinellas County, Florida, to develop certain parcels located at the southwest corner of the intersection of Cleveland Street and Osceola Avenue, Clearwater, Florida, within the community redevelopment area of the City, and legally described in Exhibit A to said Development Agreement, for a development known as the Water’s Edge project (the “Water’s Edge Project” or “Project”) as more particularly described therein; and WHEREAS, subsequent thereto, OPUS SOUTH DEVELOPMENT, L.L.C., and its related entities, assigned their rights under the Development Agreement to Water’s Edge Clearwater, LLC, a Delaware limited liability company, which subsequently assigned its rights under the Development Agreement to Developer pursuant to the Assignment and Assumption Agreement recorded August 5, 2010 in Official Records Book 16993, Page 1845 of the Public Records of Pinellas County, Florida; and WHEREAS, the Agency and Developer entered into a First Amendment to Development Agreement dated December 21, 2011, as evidenced by that certain “Memorandum of First Amendment to Development Agreement” recorded December 29, 2011 in Official Records Book 17447, Page 1818 of the Public Records of Pinellas County, Florida, which First Amendment to Development Agreement, among other things, amended those provisions of the Development Agreement concerning the method of calculating the reimbursement of certain fees and costs incurred by the Developer in connection with the Project by the Agency upon completion of the Project (the Development Agreement as amended by said First Amendment to Development Agreement is hereafter referred to as the “Amended Development Agreement”); and WHEREAS, Section 11.19(a) of the Amended Development Agreement provides that the Development Agreement will expire and have no further force and effect (except for those matters, if any, which expressly survive such expiration) on the tenth anniversary of the Effective Date of the Amended Development Agreement, which is December 29, 2016; and 2 WHEREAS, both the Agency and Developer have already performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement; and WHEREAS, since both the Agency and Developer have already performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement, both the Agency and Developer desire to further amend the Amended Development Agreement as hereinafter provided in order to terminate the Amended Development Agreement as of the effective date of this Second Amendment; and WHEREAS, at a duly called public meeting of the Agency on ________________, 2014, the Agency approved this Second Amendment and authorized and directed its execution by the appropriate officials of the Agency; and WHEREAS, the members (as that term is defined in the operating agreement of the Developer) of Developer have approved this Second Amendment and have authorized and directed certain individual(s) to execute this Amendment on behalf of Developer; and NOW, THEREFORE, in consideration of the foregoing “recitals”, which are true and correct and are incorporated herein by this reference, and in consideration of the mutual promises and covenants contained herein, the parties hereby agree to further amend the Amended Development Agreement as follows: Section 1.Section 11.19 of the Amended Development Agreement is hereby deleted and replaced in its entirety to read as follows: “11.19. Term; Expiration; Certificate. (a)In recognition of the fact that both the Agency and Developer have performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement, the Agency and Developer hereby agree that the Amended Development Agreement is hereby terminated and is no longer in force and effect (except for any matters contained in the Development Agreement, as amended, which survive such expiration) as of the Effective Date of the Second Amendment to the Development Agreement. (b)Contemporaneous with the execution of the Second Amendment to the Development Agreement between the Agency and Developer terminating the Development Agreement (as amended), the Agency and Developer shall execute an Agreement Expiration Certificate, the form of which is attached as Exhibit F to this Second Amendment to the Development Agreement. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations under, and the expiration of the Development Agreement, as amended. (c)Following the execution of the Second Amendment to Development Agreement and the Agreement Expiration Certificate by the Agency and Developer, the Agreement 3 Expiration Certificate shall promptly be recorded by Developer in the public records of Pinellas County, Florida, and Developer shall pay the cost of such recording.” Section 2.The parties hereto agree that the purpose of this Second Amendment is to: (a) confirm that both Developer and the Agency have satisfactorily completed all obligations applicable to either one of them under the Amended Development Agreement; (b) acknowledge that the Amended Development Agreement is not being terminated for any of the reasons stated in Section 9.05 of the Amended Development Agreement; (c) provide for the early termination of the Amended Development Agreement because both parties have satisfactorily completed all obligations applicable to either one of them under the Amended Development Agreement as of the Effective Date of this Second Amendment; and (d) provide for the execution and recording of the Agreement Expiration Certificate in the form attached to this Second Amendment as Exhibit F. [SIGNATURE PAGES & EXHIBIT F FOLLOW] 4 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals as of the aforementioned Effective Date of this Second Amendment. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _____________________________________ Name: ___________________________________ (Print or Type Name) Title: ____________________________________ Approved as to form:ATTEST: _____________________________By: ____________________________________ Pamela K. Akin, City Attorney Name: __________________________________ (Print or Type Name) Title: City Clerk or Deputy City Clerk [Affix Agency Seal] STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, as _________________________ of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a body corporate and politic of the State of Florida, on behalf of said Agency. He or she is either (mark one) ___ personally known to me, or ___ produced _____________________ ________________ (picture identification required) as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of Florida 5 WATER’S EDGE REAL ESTATE ACQUISTION, L.P. Witnesses: By:Water’s Edge GP, LLC, a Delaware limited liability company, its General Partner __________________________ Name: _____________________ (Print or Type Name) By: ____________________________________ Name: __________________________________ ___________________________(Print or Type Name) Name: _____________________Title: ___________________________________ (Print or Type Name) (SEAL) STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, as _________________________ of the Water’s Edge GP, LLC, a Delaware limited liability company, as general partner of WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership, on behalf of said entities. He or she is either (mark one) ___ personally known to me, or ___ produced _____________________________________ (picture identification required) as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of ___________ 6 Prepared by and Return to: Morris C. Massey, Esq. Hill Ward Henderson, P.A. Suite 3700, Bank of America Bldg. 101 E. Kennedy Blvd. Tampa, FL 33602 EXHIBIT F Agreement Expiration Certificate [Waters Edge] This Agreement Expiration Certificate (“Certificate”) is made this _____ day of ___________________, 2014, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State, of Florida (the “Agency”), whose address is 112 S. Osceola Avenue, Clearwater, FL 32521, and WATERS EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership (the “Developer”), whose address is c/o Concierge Asset Management, LLC, 9400 North Central Expressway, Suite 404, Dallas, Texas 75231. This Certificate pertains to a Development Agreement (Waters Edge Development) by and between the Agency and the Developer, originally dated as of December 19, 2006, (the “Development Agreement”), which provides, among other things, for the construction of the Waters Edge Project as same is defined and provided in the Development Agreement, as subsequently amended by a First Amendment to Development Agreement dated December 21, 2011, and a Second Amendment to Development Agreement dated _____,2014 (collectively referred to herein as the “Development Agreement, as amended”). In connection therewith, a Memorandum of Development Agreement has been recorded in Official Record Book 15557, Page 1062, of the Public Records of Pinellas County, Florida, and a Memorandum of First Amendment to Development Agreement has been recorded in Official Records Book 17447, Page 1818, of the Public Records of Pinellas County, Florida (collectively the “Recorded Memoranda”). The Development Agreement, as amended, has terminated and expired in accordance with its own terms as of _______________, 2014, and is no longer of any force or effect, and the Waters Edge site as legally described in Schedule I attached hereto and incorporated herein by this reference (the “Waters Edge Site”) is no longer subject to any restriction, limitation, or encumbrance imposed by the Development Agreement, as amended. This Certificate has been executed by the parties to the Development Agreement, as amended, pursuant to Section 11.19 thereof, and constitutes a conclusive determination of satisfactory completion of all obligations under such Development Agreement, as amended, and that the Development Agreement, as amended, has expired. 7 This Certificate also constitutes a termination, cancellation and complete release of the Waters Edge Site as described in Schedule I attached hereto from the aforementioned Recorded Memoranda. A copy of the fully-executed Development Agreement, as amended, is on file with the City Clerk, City of Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is available for review and copying by the public. [SIGNATURE PAGES FOLLOW] 8 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the _____ DAY OF ___________, 2014. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: Name [printed]: ______________________ Title: Chairperson ATTEST: By: Name [printed]: ______________________ Title: ______________________________ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, Chairperson of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA,a public body corporate and politic of the State of Florida, on behalf of said Agency. He is personally known to me or has produced a valid driver’s license as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of Florida 9 WATERS EDGE REAL ESTATE ACQUISITION, L.P. Witnesses: By:Water’s Edge GP, LLC, a Delaware limited liability company, its General Partner __________________________ Name: _____________________ (Print or Type Name) By: ____________________________________ Name: __________________________________ ___________________________(Print or Type Name) Name: _____________________Title: ___________________________________ (Print or Type Name) (SEAL) STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, as _________________________ of the Water’s Edge GP, LLC, a Delaware limited liability company, as general partner of WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership, on behalf of said entities. He or she is either (mark one) ___ personally known to me, or ___ produced _____________________________________ (picture identification required) as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of ___________ 10 5435355v2 SCHEDULE I LEGAL DESCRIPTION OF “WATERS EDGE SITE” Parcel 6 Commence at the Northeast corner of Block A, John R. Davey Subdivision, as recorded in Plat Book 1, Page 87 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, and proceed S 0122’45” E, along the Easterly line of said Block A, 43.12 feet to the Point of Beginning: From said Point of Beginning proceed N 9000’00” W, 354.40 feet; said line being the South right-of-way line of Cleveland Street; thence S 0000’00” E, 174.82 feet; thence N 9000’00” E, 23.61 feet; thence S 0122’45” E, 56.00 feet; thence N 9000’00” E, 335.00 feet; thence N 0122’45” W, 230.88 feet; said line being the West right-of-way line of Osceola Avenue to the Point of Beginning. THE FOREGOING PROPERTY IS ALSO DESCRIBED AS: Water’s Edge, a Condominium, recorded in Official Records Book 16335, Page 11, of the Public Records of Pinellas County, Florida. SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (Waters Edge Development) This Second Amendment to Development Agreement (“Second Amendment”) is made as of this __ day of ______________, 2014 (“Effective Date of the Second Amendment”), by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (“Agency”), and WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership (“Developer”). W I T N E S S E T H: WHEREAS, the Agency and Developer’s predecessor in interest, OPUS SOUTH DEVELOPMENT, L.L.C., entered into a Development Agreement dated December 19, 2006, as evidenced by that certain “Memorandum of Development Agreement” recorded on December 29, 2006 in Official Records Book 15557, Page 1062 of the Public Records of Pinellas County, Florida, to develop certain parcels located at the southwest corner of the intersection of Cleveland Street and Osceola Avenue, Clearwater, Florida, within the community redevelopment area of the City, and legally described in Exhibit A to said Development Agreement, for a development known as the Water’s Edge project (the “Water’s Edge Project” or “Project”) as more particularly described therein; and WHEREAS, subsequent thereto, OPUS SOUTH DEVELOPMENT, L.L.C., and its related entities, assigned their rights under the Development Agreement to Water’s Edge Clearwater, LLC, a Delaware limited liability company, which subsequently assigned its rights under the Development Agreement to Developer pursuant to the Assignment and Assumption Agreement recorded August 5, 2010 in Official Records Book 16993, Page 1845 of the Public Records of Pinellas County, Florida; and WHEREAS, the Agency and Developer entered into a First Amendment to Development Agreement dated December 21, 2011, as evidenced by that certain “Memorandum of First Amendment to Development Agreement” recorded December 29, 2011 in Official Records Book 17447, Page 1818 of the Public Records of Pinellas County, Florida, which First Amendment to Development Agreement, among other things, amended those provisions of the Development Agreement concerning the method of calculating the reimbursement of certain fees and costs incurred by the Developer in connection with the Project by the Agency upon completion of the Project (the Development Agreement as amended by said First Amendment to Development Agreement is hereafter referred to as the “Amended Development Agreement”); and WHEREAS, Section 11.19(a) of the Amended Development Agreement provides that the Development Agreement will expire and have no further force and effect (except for those matters, if any, which expressly survive such expiration) on the tenth anniversary of the Effective Date of the Amended Development Agreement, which is December 29, 2016; and [GM14-9216D-023/154642/1] 1 WHEREAS, both the Agency and Developer have already performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement; and WHEREAS, since both the Agency and Developer have already performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement, both the Agency and Developer desire to further amend the Amended Development Agreement as hereinafter provided in order to terminate the Amended Development Agreement as of the effective date of this Second Amendment; and WHEREAS, at a duly called public meeting of the Agency on ________________, 2014, the Agency approved this Second Amendment and authorized and directed its execution by the appropriate officials of the Agency; and WHEREAS, the members (as that term is defined in the operating agreement of the Developer) of Developer have approved this Second Amendment and have authorized and directed certain individual(s) to execute this Amendment on behalf of Developer; and NOW, THEREFORE, in consideration of the foregoing “recitals”, which are true and correct and are incorporated herein by this reference, and in consideration of the mutual promises and covenants contained herein, the parties hereby agree to further amend the Amended Development Agreement as follows: Section 1. Section 11.19 of the Amended Development Agreement is hereby deleted and replaced in its entirety to read as follows: “11.19. Term; Expiration; Certificate. (a) In recognition of the fact that both the Agency and Developer have performed or fulfilled all obligations and requirements applicable to either one of them as set forth in the Amended Development Agreement, the Agency and Developer hereby agree that the Amended Development Agreement is hereby terminated and is no longer in force and effect (except for any matters contained in the Development Agreement, as amended, which survive such expiration) as of the Effective Date of the Second Amendment to the Development Agreement. (b) Contemporaneous with the execution of the Second Amendment to the Development Agreement between the Agency and Developer terminating the Development Agreement (as amended), the Agency and Developer shall execute an Agreement Expiration Certificate, the form of which is attached as Exhibit F to this Second Amendment to the Development Agreement. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations under, and the expiration of the Development Agreement, as amended. (c) Following the execution of the Second Amendment to Development Agreement and the Agreement Expiration Certificate by the Agency and Developer, the Agreement [GM14-9216D-023/154642/1] 2 Expiration Certificate shall promptly be recorded by Developer in the public records of Pinellas County, Florida, and Developer shall pay the cost of such recording.” Section 2. The parties hereto agree that the purpose of this Second Amendment is to: (a) confirm that both Developer and the Agency have satisfactorily completed all obligations applicable to either one of them under the Amended Development Agreement; (b) acknowledge that the Amended Development Agreement is not being terminated for any of the reasons stated in Section 9.05 of the Amended Development Agreement; (c) provide for the early termination of the Amended Development Agreement because both parties have satisfactorily completed all obligations applicable to either one of them under the Amended Development Agreement as of the Effective Date of this Second Amendment; and (d) provide for the execution and recording of the Agreement Expiration Certificate in the form attached to this Second Amendment as Exhibit F. [SIGNATURE PAGES & EXHIBIT F FOLLOW] [GM14-9216D-023/154642/1] 3 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals as of the aforementioned Effective Date of this Second Amendment. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ George N. Cretekos Chairperson Approved as to form: Attest: ________________________ ______________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM14-9216D-023/154642/1] 4 WATER’S EDGE REAL ESTATE ACQUISTION, L.P. Witnesses: By: Water’s Edge GP, LLC, a Delaware limited liability company, its General Partner __________________________ Name: _____________________ (Print or Type Name) By: ____________________________________ Name: __________________________________ ___________________________ (Print or Type Name) Name: _____________________ Title: ___________________________________ (Print or Type Name) (SEAL) STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, as _________________________ of the Water’s Edge GP, LLC, a Delaware limited liability company, as general partner of WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership, on behalf of said entities. He or she is either (mark one) ___ personally known to me, or ___ produced _____________________________________ (picture identification required) as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of ___________ [GM14-9216D-023/154642/1] 5 Prepared by and Return to: Morris C. Massey, Esq. Hill Ward Henderson, P.A. Suite 3700, Bank of America Bldg. 101 E. Kennedy Blvd. Tampa, FL 33602 EXHIBIT F Agreement Expiration Certificate [Waters Edge] This Agreement Expiration Certificate (“Certificate”) is made this _____ day of ___________________, 2014, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State, of Florida (the “Agency”), whose address is 112 S. Osceola Avenue, Clearwater, FL 32521, and WATERS EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership (the “Developer”), whose address is c/o Concierge Asset Management, LLC, 9400 North Central Expressway, Suite 404, Dallas, Texas 75231. This Certificate pertains to a Development Agreement (Waters Edge Development) by and between the Agency and the Developer, originally dated as of December 19, 2006, (the “Development Agreement”), which provides, among other things, for the construction of the Waters Edge Project as same is defined and provided in the Development Agreement, as subsequently amended by a First Amendment to Development Agreement dated December 21, 2011, and a Second Amendment to Development Agreement dated _____,2014 (collectively referred to herein as the “Development Agreement, as amended”). In connection therewith, a Memorandum of Development Agreement has been recorded in Official Record Book 15557, Page 1062, of the Public Records of Pinellas County, Florida, and a Memorandum of First Amendment to Development Agreement has been recorded in Official Records Book 17447, Page 1818, of the Public Records of Pinellas County, Florida (collectively the “Recorded Memoranda”). The Development Agreement, as amended, has terminated and expired in accordance with its own terms as of _______________, 2014, and is no longer of any force or effect, and the Waters Edge site as legally described in Schedule I attached hereto and incorporated herein by this reference (the “Waters Edge Site”) is no longer subject to any restriction, limitation, or encumbrance imposed by the Development Agreement, as amended. This Certificate has been executed by the parties to the Development Agreement, as amended, pursuant to Section 11.19 thereof, and constitutes a conclusive determination of satisfactory completion of all obligations under such Development Agreement, as amended, and that the Development Agreement, as amended, has expired. [GM14-9216D-023/154642/1] 6 This Certificate also constitutes a termination, cancellation and complete release of the Waters Edge Site as described in Schedule I attached hereto from the aforementioned Recorded Memoranda. A copy of the fully-executed Development Agreement, as amended, is on file with the City Clerk, City of Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is available for review and copying by the public. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the _____ DAY OF ___________, 2014. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ George N. Cretekos Chairperson Approved as to form: Attest: ________________________ ______________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk [GM14-9216D-023/154642/1] 7 WATERS EDGE REAL ESTATE ACQUISITION, L.P. Witnesses: By: Water’s Edge GP, LLC, a Delaware limited liability company, its General Partner __________________________ Name: _____________________ (Print or Type Name) By: ____________________________________ Name: __________________________________ ___________________________ (Print or Type Name) Name: _____________________ Title: ___________________________________ (Print or Type Name) (SEAL) STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this __ day of _____________, 2014, by ________________________________________, as _________________________ of the Water’s Edge GP, LLC, a Delaware limited liability company, as general partner of WATER’S EDGE REAL ESTATE ACQUISITION, L.P., a Delaware limited partnership, on behalf of said entities. He or she is either (mark one) ___ personally known to me, or ___ produced _____________________________________ (picture identification required) as identification. [AFFIX NOTARY SEAL OR STAMP] ______________________________ Name: ________________________ (Print or Type Name) Notary Public, State of ___________ [GM14-9216D-023/154642/1] 8 SCHEDULE I LEGAL DESCRIPTION OF “WATERS EDGE SITE” Parcel 6 Commence at the Northeast corner of Block A, John R. Davey Subdivision, as recorded in Plat Book 1, Page 87 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, and proceed S 01°22’45” E, along the Easterly line of said Block A, 43.12 feet to the Point of Beginning: From said Point of Beginning proceed N 90°00’00” W, 354.40 feet; said line being the South right-of-way line of Cleveland Street; thence S 00°00’00” E, 174.82 feet; thence N 90°00’00” E, 23.61 feet; thence S 01°22’45” E, 56.00 feet; thence N 90°00’00” E, 335.00 feet; thence N 01°22’45” W, 230.88 feet; said line being the West right-of-way line of Osceola Avenue to the Point of Beginning. THE FOREGOING PROPERTY IS ALSO DESCRIBED AS: Water’s Edge, a Condominium, recorded in Official Records Book 16335, Page 11, of the Public Records of Pinellas County, Florida. [GM14-9216D-023/154642/1] 9 5435355v2 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-723 Agenda Date: 12/1/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Deny the request to lease a portion of the former Economy Inn site for the creation of a community garden in the East Gateway. SUMMARY: On October 10, 2014, Mr. Howard Warshauer, on behalf of the East Gateway Community Garden Steering Committee (Steering Committee), submitted a written request to the Clearwater Community Redevelopment Agency (CRA) asking to lease a portion of the former Economy Inn property (SW corner of Grove Street and N. Betty Lane that includes 20 N. Betty Lane, 1273 Grove Street, and 1277 Grove Street). The requested area is 15,675 square feet. As part of the request, the Steering Committee is asking for a three-year lease for $1 per year. Some members of the Steering Committee and City /CRA staff met on August 21, 2014 to discuss this request. During that meeting, staff explained that they did not support this site for a community garden. Following the recommendations from the ULI report, staff intends to prepare marketing materials for ready -to-develop sites given housing demand and availability of financing. The former Economy Inn site (1274 Cleveland Street and the surrounding parcels) is a key redevelopment site for the East Gateway District and staff wants to make sure there are no actual or perceived impediments, including infrastructure such as additional fencing, plumbing, etc., to attract a redevelopment project and potential developers. In addition, given the size of the entire assemblage (2.2 acres), this site offers the best opportunity to market/attract a catalytic project for the East Gateway neighborhood. Staff supports the creation of a community garden in the East Gateway and agrees that it is a great community building tool. However, staff recommends denying the Steering Committee ’s requested location. From staff personal experience and research, community gardens are typically created in parks, green space and small parcels that are difficult to be developed, and not at key redevelopment sites. At the 2014 Florida Redevelopment Association Conference in Miami, several CRA Directors and staff from other CRAs expressed concern about using a vacant key redevelopment site to host a community garden. As an additional example, NYC Parks GreenThumb “provides programming and material support to over 600 community gardens in New York City… The majority of GreenThumb gardens were derelict vacant lots renovated by volunteers.” Furthermore, after a community garden is established, many times the community becomes so entrenched with the site that it becomes difficult to relocate the garden, even with prior Page 1 City of Clearwater Printed on 11/25/2014 File Number: ID#14-723 agreement. This happened in New York City, where several vacant lots were converted to community gardens and ended up becoming designated parks due to political and community pressure. After reviewing the written request from the Steering Committee, staff would like to identify additional items of concern: ·As of November 11, 2014, the Steering Committee had not identified another spot for the community garden to relocate should a redevelopment opportunity for the former Economy Inn site comes forward. ·As of November 11, 2014 there was no official status of the Steering Committee (only verbal agreement with the Clearwater Garden Club to be the umbrella organization). ·No East Gateway residents or businesses participate in the Steering Committee planning and meetings (note: Nature’s Food Patch has agreed to be a sponsor of the community garden). ·The proposed business plan does not identify a funding source to cover the water and electrical expenses. ·The proposed business plan does not identify a funding source to cover the expenses to fence the community garden from the rest of the CRA property (1274 Cleveland Street). ·Under Budget Revenue (page 14 of request), the CRA and the City are listed as potential sponsors, both at the beginning of the project and for “ongoing annual revenue.” However, there is no identified request so the City or CRA cannot determine the fiscal impact. As background, on October 27, 2014 staff visited the Dunedin Community Garden and met with its Garden Manager. During the October 23, 2014 East Gateway Stakeholder Advisory Group (SAG) meeting, the community garden efforts were discussed as part of the agenda. Out of the 7 SAG members that were present, 3 members were strongly opposed to the use of the former Economy Inn site as a community garden, 1 member was in favor, and 3 did not express any opinion. At that meeting, the SAG made a motion that was unanimously passed, that, if the City Council denies the request of the Steering Committee to use the former Economy Inn site for the creation of a community garden, the City assign a staff person to assist the Steering Committee with finding a suitable location in the City of Clearwater. Staff has identified the following locations as potential candidates for a community garden in the CRA or in close proximity to the CRA. However, these potential sites require further evaluation. In random order, those sites are: ·Crest Lake Park; ·Skycrest Elementary School (10 N. Corona Avenue, Clearwater); ·City-owned lot in the East Gateway (0 Cleveland Street, parcel ID 15-29-15-64890-002 -0050, just east of the Stevenson Creek); and ·City-owned grass lot in the Downtown District, to the west of the new Fire Station 45 (1125 Brownell Street, parcel ID 15-29-15-58338-002-0070, 4,230 square feet). Staff will continue to evaluate additional sites with the Steering Committee. Page 2 City of Clearwater Printed on 11/25/2014 DUNEDIN COMMUNITY GARDEN Address: 1040 Virginia Street, Dunedin City Park (Eagle Scout Park) It was created in November 2009. The original site was actually a city pool and recreation area for years until it was struck by lightning multiple times. After condemning the pool, the City of Dunedin filled the area with construction debris and topped it off with fill dirt and sod. According to Deb Truche, Garden Manager of the Dunedin Community Garden, the lot “was a dead location for Dunedin”. The Dunedin Community Garden received 501(c)3 status in 2011. The City of Dunedin: Installed the irrigation meter, waiving the $900 fee; Pays for potable water to the site, as long as it’s used conservatively; Provided rubber recycled material for the ground; and Covered the liability insurance for the first year. The Garden: Members are responsible for moving the lawn; Paid for supplies and materials; Paid to install underground irrigation; Covers the stipend of the Garden Manager; Covers the liability insurance; and Coordinates speakers. Other money comes from fundraisers and donors/sponsors, and assistance from volunteers. They currently have 43 raised beds onsite, 6 of which are ADA-compliant. OTHER Members have to reside in Pinellas County (they have members from Dunedin, Clearwater, Safety Harbor, even New Port Richey). Board of Directors manages the affairs of the association. Annual Fees: $25 The Clearwater Garden Club presents Clearwater Community Gardens It is our vision to create community gardens in Clearwater where people will experience the joy of gardening, the richness of friendships the growth of learning and the rewards of building community The first Community Garden will be in East Gateway Public Presentation to CRA December 1, 2014 The Clearwater Community Gardens Steering Committee is made up of a cross section of active involved Clearwater area residents, nonprofits, and businesses. Many of whom are here today. We are willing to give of our free time for a citizen initiative to establish a Community Garden in East Gateway. This effort will strengthen the community by making it more beautiful, healthier, and safer. It will bring together community residents where people will experience the joy of gardening, the richness of friendships, the growth of learning, and the rewards of building community. All of this will be accomplished at no cost to the City or CRA and if successful the City, CRA, and community will reap the benefits. The site we are seeking to lease from the CRA was chosen by our Steering Committee for many reasons as the overall best site for a Community Garden in East Gateway. While the CRA is not using the site we would like to use a small portion of it for a garden. We will agree to a short term lease and move when necessary. We also believe that strengthening the community in the vicinity of our garden will lead to better opportunities for the CRA to market the entire Economy Inn Site for development. By supporting this effort, your downside risk is minimal and your upside potential is a healthier, more valuable, safer, stronger, and culturally interactive community. We are asking the CRA Board to direct staff to negotiate a lease with the Clearwater Garden Club and Clearwater Community Gardens to allow a community garden on CRA property in East Gateway. The CRA Board should approve the request If it believes: A community garden would assist East Gateway with community building A community garden is a worthwhile interim use for a portion of the property The location requested will not be needed for development for 3 years The Clearwater Garden Club together with Clearwater Community Gardens steering committee has put together a citizen initiative that can be successful There will be no cost to the CRA Why this site was unanimously chosen as the best: 500 households of mixed income and ethnicity In 2 block walking distance of site More than 50% multifamily residences - a perfect target for community gardens Excellent sun exposure and a small amount of shade Fencing in place Mostly level Parking on street Water supply readily available Highlights of Initiative March 2014 - formed Steering Committee to see if a community garden would be a worthwhile initiative for Clearwater and East Gateway in particular. April - steering committee decides to pursue a community garden in East Gateway and select 7 sites to review for the garden location April - Lowe's commits to be first Founding Sponsor - $1200 to $2400 June - Economy Inn location unanimously selected as garden location June - Discussed a fiscal relationship with Garden Club June - Met with several Council members and Rod Irwin, all liked the initiative August - Garden Club agrees to be Fiscal Sponsor of initiative September - $1260 raised by Garden and Club at Whole Foods Grand Opening September - Met with Council Members, all encouraged us to go forward October - Nature's Food Patch agrees to be a Founding Sponsor - $1500 October - Request submitted to CRA for Economy Inn Site If approved today the following will take place prior to approval of a lease Formal agreement between Clearwater Community Gardens and Garden Club Finalize Business Plan Identify all funding sources and complete budget income and expense Community Outreach to residents and businesses for gardeners and steering committee members Lease Negotiations with CRA Staff Formal presentation to SAG for support These are your Guiding Principles for the East Gateway District. Does a project or policy have the potential to: Build cultural capacity Build on neighborhood strengths Create partnerships - "It takes a village" Make streets safe and attractive Promote socio- economic diversity Value the "triple bottom line" - economy, environment and social fabric Value residences, shops and active uses The answer for a community garden is Yes, Yes, Yes, Yes, Yes, Yes, and Yes. In fact, this type of project is exactly what you were seeking when putting these guidelines for redevelopment in place. Lease Terms we are seeking to be included Term of Lease: Commence no later than June 2015 for a term of 36 months at a cost of $1 per year Cost to CRA or City: The Garden agrees to pay the CRA and City for any costs associated with the project Damages: The Garden would be responsible for any property damage that occurred during the term of the lease. All Gardeners will sign a "waiver of liability" clause as part of the plot rental application The Garden will be responsible to maintain and repair the leased property Insurance, Maintenance, Utilities: The Garden would be responsible for funding any items related to Insurance, Maintenance, Utilities in accordance with CRA requirements Renewal of Lease: Any renewal clause would be at the option of the CRA Sublease: Clause allowing garden to sub -lease plots for fee to gardeners Termination: A clause of termination of the lease for public purpose o Statement of understanding that the CRA desires to market and sell the property for residential development o A requirement of the CRA to notify the Garden 6 months prior to lease termination. Other: No parking sign "Saturdays from 9am to 2pm" to be removed Steering Committee Members. Chair, Howard Warshauer - Clearwater Neighborhoods Coalition, Vice Chairman V. Chair, Lisa Mansell - Church of Scientology, Community Affairs Director Clearwater Garden Club, President - Alice Jarvis - Our Fiscal Sponsor Clearwater Community Development - Ekaterini Gerakios Dunedin Community Garden, Board Member - Richard Adelson Intercultural Advocacy Institute/ Hispanic Outreach Center, CEO - Sandra Lyth Lowe's, Manager - Kim Sanders (Heroes Award) - Founding Sponsor Nature's Food Patch, GM - Sean Balsey - Founding Sponsor Others: Heather Otte and Gale Warshauer Members of the Clearwater Garden Club Relevant Clearwater Reports and Studies GreenPrint 2011 Report - There are many people in Clearwater that have substantial knowledge about small scale food production that could provide guidance for community gardening. This presents a significant opportunity for learning, experimenting, and knowledge sharing within the community and even bridging cultural and generational divides. The city will amend the Community Development Code to allow and support community gardens... Gensler 2012 East Gateway District Vision Plan. The community participants were asked to identify activities that would lead us to some of the functional aspects of the redevelopment plan. The community identified several preferred features one of which was community gardens. ULI 2014 Final Report: ,,, in the panel's conversations. Most people felt frustrated, stymied, and blocked from contributing to a better Clearwater There were no exceptions. Everyone wants the same thing, everyone professes willingness to cooperate, and everyone feels that someone else is out to stop them. Relevant Community Garden Reports and Studies: The Whitmire Study in St. Louis. A 2008 study of census tracts surrounding 54 community gardens showed crime reduction both to property and people, increased property values and improvement of property, improvements in the overall appearance of the neighborhood, and increased feelings of safety. "The results were astonishing. Even while St. Louis City was experiencing an economic downturn and population loss." The Local Government Commission, of which Clearwater is a member, says: Local government leaders are in a unique position to promote healthy eating and active living in their communities by supporting community gardens. These are places that can improve nutrition, physical activity, community engagement, safety, and economic vitality for a neighborhood and its residents. Furman Center report on 636 Community Gardens says that they have a statistically significant positive effect on sale prices of residential properties within a 1000 foot radius compared to properties in the same neighborhood outside the 1000 foot ring. That the impact increases over time and gardens have the greatest impact in the most disadvantaged neighborhoods. Gardening Matters, an industry leader states that Community gardens provide opportunities to meet neighbors and interact with youth, increase eyes on the street, and is recognized by many police departments as an effective community crime prevention strategy. Responses to CRA Staff DEC 1st, items of concern: Staff Item: As of November 11, 2014, the Steering Committee had not identified another spot for the community garden to relocate should a redevelopment opportunity for the former Economy Inn site comes forward. Garden Response: We are asking for a six month "Notice to Vacate" to be in the lease. That would provide ample time to locate another suitable site. Staff Item: As of November 11, 2014 there was no official status of the Steering Committee only verbal agreement with the Clearwater Garden Club to be the umbrella organization). Garden Response: We are a project of the Clearwater Garden Club. The lease will be with the CGC. A fiscal sponsorship agreement will be signed prior to CRA approval of a lease. Staff Item: No East Gateway residents or businesses participate in the Steering Committee planning and meetings (note: Nature's Food Patch has agreed to be a sponsor of the community garden). Garden Response: The outreach to East Gateway residents and other businesses will be made after CRA allows the project to go forward by directing staff to enter lease negotiations. The Hispanic Outreach Center is on the Steering Committee and they will assist with this. Staff Item: The proposed business plan does not identify a funding source to cover the water and electrical expenses. Garden Response: This will be completed prior to CRA approval of a lease. Staff Item: The proposed business plan does not identify a funding source to cover the expenses to fence the community garden from the rest of the CRA property (1274 Cleveland Street). Garden Response: This will be completed prior to CRA approval of a lease.. Staff Item: Under Budget Revenue (page 14 of request), the CRA and the City are listed as potential sponsors, both at the beginning of the project and for "ongoing annual revenue." However, there is no identified request so the City or CRA cannot determine the fiscal impact. Garden Response: The CRA/city is not being asked to fund anything. This will be included in the lease. We did not want to exclude the CRA/city from what might be something they would want to support. Staff Item: During the October 23, 2014 East Gateway Stakeholder Advisory Group (SAG) meeting, the community garden efforts were discussed as part of the agenda. Garden Response: We were not informed of the SAG October meeting and that the item would be discussed. We have not received minutes of that meeting as requested. We could not make a presentation to the SAG or discuss the item with any members. Only one side was presented. We believe the SAG will support the request when it is presented to them. The lease will not be brought back to the CRA Board without SAG approval. The Economy Inn Site Development In our several meetings with CRA staff, the ULI report was brought up consistently as a reason why staff does not support the garden on the Economy Inn site. The link mentioned is that the ULI report says that the city should rapidly conclude marketing city owned properties for development and that the garden located on the Economy Inn site would present an impediment to marketing the site. This may or may not be true, there is no evidence either way here in Clearwater, in fact the garden may also be an additional tool for marketing. No one knows how long it will take to market the site, we heard numbers from 3 years to 10 years from staff and council in our meetings. One thing is certain from our meetings with council and staff, there is a disparity of opinion of what should occur on this site. More discussions between staff and council need to take place before the site is marketed. Mayor Cretekos and Member Polglaze suggested that the Mercado mentioned in the East Gateway District and ULI Reports should be considered for this site. There has been a successful farmers market, and several very successful special events which lead to a conclusion that people from the neighborhood are comfortable coming to this place. Conclusion In conclusion, Community Gardens are excellent community building tools. East Gateway needs community building. This is the best site for a community garden in East Gateway. The site will not be used for 3 years. We have put together a group that will accomplish the task. There will be no cost to the CRA or City. Please encourage this citizen initiative by voting to direct staff to negotiate a lease with the Clearwater Garden Club and Clearwater Community Gardens to allow a community garden on CRA property in East Gateway. We will contribute to a better Clearwater. Thank you.