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12/14/2015Monday, December 14, 2015 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 City Hall Chambers Community Redevelopment Agency Meeting Agenda December 14, 2015Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the November 2, 2015 Special CRA Meeting and the November 30, 2015 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 Amend the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater to allow funds to be utilized by the Clearwater Main Library for pre-venture, startup and small business programs and services and authorize the appropriate officials to execute same. 4.2 Approve Cleveland Street District Facade Improvement Program loan documents (Financial Incentive Contract, mortgage and note) in the amount of $25,000 for the property located at 24-28 N. Ft. Harrison Avenue and authorize the appropriate officials to execute same. 4.3 Request that the U.S. Postal Service use the Historic Surplus Property Program to enable the sale of the Cleveland Street Post Office to the CRA for adaptive reuse and adopt Resolution 15-04. 5. Trustee Discussion Items 5.1 Winter’s Miracle event review comments - Councilmember Jonson 6. Adjourn Page 2 City of Clearwater Printed on 12/11/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1957 Agenda Date: 12/14/2015 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the November 2, 2015 Special CRA Meeting and the November 30, 2015 CRA meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/11/2015 Community Redevelopment Agency Meeting Minutes November 30, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, November 30, 2015 1:00 PM City Hall Chambers Community Redevelopment Agency Page 1 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 30, 2015 Roll Call Present 4 - Chair George N. Cretekos, Trustee Jay E. Polglaze, Trustee Bill Jonson, and Trustee Hoyt Hamilton Absent 1 - Trustee Doreen Hock-DiPolito Also Present – William B. Horne – City Manager, Jill 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 continui ty for research, items are listed in agenda order although not ne cessarily discussed in that order. Unapproved 1. Call To Order – Chair Cretekos The meeting was called to order at 1:00 p.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the November 2, 2015 CRA Meeting as submitted in written summation by the City Clerk. Trustee Hamilton moved to approve the minutes of the November 2, 2015 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 Approve Cleveland Street District Facade Improvement Program loan documents (Financial Incentive Contract, mortgage and note) in the amount of $25,000 for the property located at 24-28 N. Ft. Harrison Avenue, authorize the appropriate officials to execute same, and place façade program on hold until January 30, 2016 in order to evaluate and update the program. As background, on September 4, 2007, the CRA approved the Cleveland Street District Facade Improvement Program. The Façade Improvement Program creates incentives for property owners and businesses on Cleveland Street to improve the appearance of their businesses and properties. It was Page 2 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 30, 2015 hoped that this program would foster and encourage investment and pride in building facades along Cleveland Street and add to the Café District envisioned in a revitalized downtown Clearwater. While staff widely marketed this program after CRA adoption, there was little interest in the program during the recession. However, property owners are now interested in making investments to their buildings. Application for 24 N. Ft. Harrison Avenue Shannon Seymour, Managing Member of 24 N. Ft. Harrison LLC, property owner at 24-28 N. Ft. Harrison Avenue, applied for a Cleveland Street Facade Improvement Program Financial Incentive. As part of the application process, the property owner provided an itemized list of eligible facade improvements totaling $70,563. The proposed timeframe for completion of the exterior is by spring of 2016. The program matches improvements dollar-for-dollar up to $35,000. The CRA Executive Director approved a $10,000 grant leaving the balance of $25,000 as a zero interest (0%) loan, with the balance to be paid upon sale of the property. If the building is not sold within fifteen years, the full amount of the loan will be due. As described in the Facade Program Guidelines, the loan will be secured by a mortgage and note on the property to be repaid upon sale of the property. Once the eligible improvements are completed and the requisite mortgage and note are executed, the loan will be disbursed as a reimbursement of costs incurred by the property owner. As a stipulation of the loan, the property owner will maintain the facade improvements as approved, in good condition, for a period of five years from completion. The proposed improvements to 24 N. Ft. Harrison meet the Downtown Design Guidelines and overall CRA objectives. Staff recommends approval of the loan documents. Façade Program Evaluation and Update Needed As described above, the Cleveland Street District Façade Improvement Program was adopted by the CRA in 2007. This application was the first eligible applicant for the loan portion of the program since program inception. While loan documents were being prepared, staff realized that portions of the program needed to be updated and several processes clarified. For example, the architect’s fee for the design services portion of the program was set in 2007 and should reflect a current rate. Staff is requesting that this program be placed on hold until January 30, 2016 in order to evaluate and update the program parameters and ensure consistency with current plans and objectives for the CRA’s review and approval. Page 3 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 30, 2015 In response to questions, Downtown Manager Anne Fogarty France said the building has been vacant for over six years. There are residences above and commercial property on the first floor; the building could potentially have three businesses. Ms. Fogarty France said no commercial tenants have been identified. Staff supports retail businesses. Applicant and building owner Shannon Seymour said proposed drawings have been shown to potential tenants; a naturopathic doctor and a baker have expressed interest. Ms. Seymour said she wants to coordinate with current activities and revitalization efforts to ensure tenants align with what is wanted in downtown. The upstairs apartments are rented out. Ms. Seymour said she has invested in renovation efforts for the apartments; this program will address the commercial space on the first floor. The downstairs area will be renovated when there are tenants for the commercial space. CRA Executive Director Rod Irwin said the program adopted by the CRA in 2007 provides for grants up to $10,000 for improvements to the building consistent with the adopted program. The loan is a separate transaction available to the property owner. The City Attorney said upon sale of the property, the loan amount is repaid. Mr. Irwin said there are others who are interested in the loan program; staff requests direction regarding how to proceed with future requests under this program. The immediate issue is to revisit the retail incentives provided for in the program. In response to a question, Ms. Fogarty France said the downtown property owners are aware of the program. The property owner in the 500-block applied for the design services portion of the Façade Improvement Program but did not go further after the design was approved. The City Attorney said the Applicant has altered one of the documents; the agenda item must be pulled. Trustee Jonson moved to continue Item 4.1 to December 14, 2015. The motion was duly seconded and carried unanimously. Trustee Hamilton moved to place the Cleveland District Façade Program on hold through January 30, 2016. The motion was duly seconded and carried unanimously. Page 4 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 30, 2015 CRA Executive Director Rod Irwin said he sent an email regarding the ULI planning process and the charter restrictions. After the last community boating meeting, one councilmember expressed a concern that there were exhibits being shown at the meeting that were not allowed by the current charter restrictions. Mr. Irwin said staff has instructed the consultant to move forward and provide their professional planning recommendations as to how the City can accomplish redeveloping downtown per ULI recommendations, not based on charter restrictions. Staff understands that if the Trustees embraced the proposed plan, any subsequent charter amendments would be addressed subsequently. Mr. Irwin requested confirmation from the Trustees that they understand it to be so too. Discussion ensued with concerns expressed that the exhibits shown at the community boating meeting provided conceptual images that may not be attainable; that the consultants would recommend a design that was so integrated, it could not be implemented partially; and that a unified vision, as recommended by ULI, is needed. It was stated that the investment in Coachman Park goes beyond economic development. In response to a comment, the City Attorney said staff is not directing the consultant to consider the charter restrictions. If the charter and special act restrictions are considered, the City will never have more than what the City has now. There was consensus to allow the consultant to move forward as a blank canvass and the Trustees will make the decision when the plan comes back and decide which pieces will move forward. 5. Adjourn The meeting adjourned at 1:40 p.m. Chair Community Redevelopment Agency Attest City Clerk Page 5 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 2, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, November 2, 2015 6:00 PM Re ULI with Downtown Development Board, Clearwater Downtown Partnership, Regional Chamber of Commerce and Clearwater Neighborhoods Coalition Main Library - 100 N. Osceola Ave., Room A/B Community Redevelopment Agency Page 1 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 2, 2015 Present 5 - Chair George N. Cretekos, Trustee Doreen Hock-DiPolito, Trustee Jay E. Polglaze, Trustee Bill Jonson, and Trustee Hoyt Hamilton Also Present – Dennis Bosi – Downtown Development Board (DDB), Paris Morfopolous - Downtown Development Board, Brian Aungst, Jr. – Clearwater Regional Chamber, Katie Cole – Clearwater Regional Chamber, Lisa Mansell – Clearwater Downtown Partnership (CDP), Grant Wood – Clearwater Downtown Partnership, Howard Warshauer – Clearwater Neighborhoods Coalition, William B. Horne II – City Manager, Jill 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, Anne Fogarty France – Downtown Manager 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 6:00 p.m. at the Clearwater Main Library. 2. Citizens to be Heard Regarding Items Not on the Agenda – None. 3. New Business Items 3.1 Opening Remarks by CRA, DDB, CDP, Chamber, and CNC Chairs (10 minutes) Chair Cretekos welcomed all and said the joint meeting was called in an effort to work towards a mutual goal in addressing the issues raised by the ULI for the Cleveland Street, the East Gateway, and Old Clearwater Bay districts. DDB Chair Paris Morfopolous said the Downtown Development Board (DDB) has a keen interest in the full and speedy implementation of the ULI study. The future success of Downtown is linked with a fuller utilization of the Bluff, as a magnet to attract tourists and residents to a broad range of activities at Coachman Park and waterfront. The Board is eagerly anticipating a progress report on the ULI implementation and the results of the branding study. Page 2 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 2, 2015 Clearwater Regional Chamber Chair Brian Aungst said Downtown Clearwater is a vibrant community with residents. Momentum and public participation will be needed to move forward together and maximize its livability, accessibility, and quality of life. The Clearwater Regional Chamber is here to lead collaboratively with the City. The Chamber worked with the Clearwater Downtown Partnership to develop an initial stakeholders group that provided initial recommendations to City Council. Clearwater Downtown Partnership (CDP) Interim Chair Grant Wood said the CDP hosted its annual strategic planning workshop this afternoon where there was consensus for stressed collaborative efforts. He supported adding a Clearwater Neighborhoods Coalition representative to this meeting group to strengthen collaboration efforts. Clearwater Neighborhoods Coalition President Howard Warshauer said the organization advocates on behalf of neighborhoods and provide information to enable citizens to make educated decisions on issues that will make a direct impact on their quality of life. 3.2 Update of ULI Priority (P) Work Program (15 minutes) AND 3.3 Highlighted ULI Programs (20 minutes) CRA Executive Director Rod Irwin provided a PowerPoint presentation on ULI quarterly accomplishments. Public Communications Director Joelle Castelli provided a PowerPoint presentation regarding the City's branding efforts. Planning and Development Director Michael Delk provided a PowerPoint presentation on the Bluff Master Plan. In response to questions, Mr. Irwin said the proposed plan anticipates a robust public engagement plan, which will be key to making this successful. At today's CRA meeting, the Trustees authorized staff to move forward with issuing an RFP for the Bluff/Coachman Park Master Plan. Staff anticipates upwards of $300,000 for planning efforts. Staff is considering ULI's recommendation for an independent developer consultant to bring a market reality to the table for an additional cost. Staff is trying to generate a redevelopment plan for Downtown, while considering what will work and attract investments. Mr. Irwin said some of the shorter term objectives, such as signs, can be accomplished concurrently. Mr. Delk said the expansion of the scope of the downtown development plan process is intended to accommodate the balance of Page 3 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 2, 2015 planning the ULI implementation, which includes the North Marina Master Plan, the Boating Master Plan, the Bluff, and to incorporate the land development regulations into the development plan, along with the East Gateway. 3.4 Public Comment (20 minutes) Two individuals spoke in support, with one individual suggesting that consideration be given to attract creative artists to Downtown. One individual supported including the Downtown Post Office in the ULI study and suggested increasing marketing efforts for downtown events. One individual supported Coachman Park remain Open Space Recreation and suggested that the southern portion of Coachman Park be a forest of flowering trees. 4. CRA/DDB/Chamber/Chamber Discussion - ULI and other Downtown Issues (30 minutes) 4.1 Charter Review Committee Recommendations Related to the Main Library - Chamber Clearwater Charter Review Committee Chair Brian Aungst reviewed the recommended charter amendments related to the Main Library that were presented to the City Council. The recommended changes would allow the Main Library to be used for compatible municipal or commercial uses, such as an art gallery, restaurant/café, that would not denigrate the library use but enhance library utilization. Portions of the library could be leased for compatible municipal or commercial uses. 4.2 Charter Review Committee Recommendations Related to the Downtown Boat Slips - Chamber Mr. Aungst reviewed recommended charter amendments related to the Downtown Marina Boat Slips. Uses related to the boat slips are regulated by the city charter. In order to allow for additional uses of the boat slips, the city charter must be amended. For instance, current charter restrictions do not allow a ticket booth or tickets for the Clearwater Ferry be sold on the boat slips. Mr. Aungst said the operator must conduct the transaction on the boat. The Committee also recommended allowing low impact non-motorized vessels (i.e., kayaks, paddleboats, paddleboards, etc.)rentals at the boat slips. This change would allow for residents and tourists to enjoy the waterfront. The Committee also recommended to allow fencing and gates for security, designated parking for boat slip tenants and restroom facilities. Mr. Aungst said the Committee recommended to remove limitations associated with the tennis courts, Page 4 City of Clearwater Draft Community Redevelopment Agency Meeting Minutes November 2, 2015 currently restricted to be located south of Cleveland Street. 4.3 Charter Review Committee Recommendations Related to the Bandshell - Chamber Mr. Aungst said the Charter Review Committee recommended that the charter be amended to allow the bandshell to be located anywhere on the Bluff with removable seating and associated facilities, such as dressing rooms and lighting. In response to a concern, Marine and Aviation Director Bill Morris said the Downtown Boat Slips have security gates to protect the assets so the tenants feel safe. Staff has not considered additional fencing. As amenities are added, additional fencing may be needed but disallowed by the current charter language. 4.4 Public Comment (20 minutes) Members of the Joint Meeting thanked the public for attending and providing their input. 4.5 Next Steps (5 minutes) Trustee Cretekos thanked all in attendance for their participation and said the next report will be after February. 5. Adjourn The meeting adjourned at 7:28 p.m. Chair Community Redevelopment Agency Attest City Clerk Page 5 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1966 Agenda Date: 12/14/2015 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Amend the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater to allow funds to be utilized by the Clearwater Main Library for pre-venture, startup and small business programs and services and authorize the appropriate officials to execute same. SUMMARY: This amendment will match the funding to the intent as described in Section 2 of the agreement. As currently written, the funding may only be used for STEM-related activities at the maker spaces. The purpose outlined in Section 2 also includes small business start up, entrepreneurship, job seeking and business marketing support. This amendment mirrors the item just reviewed by the CRA. No additional funding is requested. Page 1 City of Clearwater Printed on 12/11/2015 Page 1 of 2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”), entered into this _____ day of ________________, 2015, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater, Florida (hereafter "City"), a municipal corporation of the State of Florida. WITNESSETH: WHEREAS, the CRA and City entered into that certain Agreement between the CRA and City effective October 23, 2015 (“the Agreement”); and WHEREAS, the CRA and City now desire to amend certain provisions of the Agreement as set forth herein; and NOW, THEREFORE,in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: That the Agreement, Section 3. Responsibilities of the CRA, paragraph Function, is hereby amended to read as follows: Function: Provide TIF funding in the total amount not to exceed $99,600.00 for the contract year, said funds to be utilized by the Clearwater Main Library (Main Library) to provide staffing, equipment, education and training for the greater Clearwater community on adult and youth STEM activities within the Studios at Main, a maker space area, and pre-venture, startup and small business programs and services as described in Section 2. Intent, paragraphs B and C,to be allocated in the following manner: IN WITNESS WHEREOF, the CRA and City have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year above written. 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 Page 2 of 2 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1999 Agenda Date: 12/14/2015 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve Cleveland Street District Facade Improvement Program loan documents (Financial Incentive Contract, mortgage and note) in the amount of $25,000 for the property located at 24-28 N. Ft. Harrison Avenue and authorize the appropriate officials to execute same. SUMMARY: As background, on September 4, 2007, the CRA approved the Cleveland Street District Facade Improvement Program. The Façade Improvement Program creates incentives for property owners and businesses on Cleveland Street to improve the appearance of their businesses and properties. It was hoped that this program would foster and encourage investment and pride in building facades along Cleveland Street and add to the Café District envisioned in a revitalized downtown Clearwater. While staff widely marketed this program after CRA adoption, there was little interest in the program during the recession. However, property owners are now interested in making investments to their buildings. Application for 24 N. Ft. Harrison Avenue Shannon Seymour, Managing Member of 24 N. Ft. Harrison LLC, property owner at 24-28 N. Ft. Harrison Avenue, applied for a Cleveland Street Facade Improvement Program Financial Incentive. As part of the application process, the property owner provided an itemized list of eligible facade improvements totaling $70,563. The proposed timeframe for completion of the exterior is spring of 2016. The program matches improvements dollar-for-dollar up to $35,000. The CRA Executive Director approved a $10,000 grant. The balance of $25,000 will be in the form of a loan at 0% with zero payments, to be repaid upon sale of the property, default of the loan, or at the loan maturity date of fifteen years from date of closing. As described in the Facade Program Guidelines, the loan will be secured by a mortgage and note on the property to be repaid upon sale of the property. Once the eligible improvements are completed and the requisite mortgage and note are executed, the loan will be disbursed as a reimbursement of costs incurred by the property owner. As a stipulation of the loan, the property owner will maintain the facade improvements as approved, in good condition, for a period of five years from completion. The proposed improvements to 24 N. Ft. Harrison meet the Downtown Design Guidelines and overall CRA objectives. Staff recommends approval of the loan documents. Page 1 City of Clearwater Printed on 12/11/2015 Seymour/24 N. Fort Harrison LLC Note 11.__.15 [GM15-9216-050/177936/1]GM15-9216-050/176759/2 Prepared by and return to: Anne Fogarty France City of Clearwater Community Redevelopment Agency P.O. Box 4748 Clearwater, FL 33758-4748 MORTGAGE NOTE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER $25,000.00 Clearwater, Florida , 2015 Property Address: 24 N. Fort Harrison Avenue, Clearwater, Florida (“Property”) Parcel I.D:16/29/15/23814/000/0120 1.BORROWER'S PROMISE TO PAY For value received, 24 N. FORT HARRISON, LLC, the borrower, promises to pay the sum of Twenty-Five Thousand and NO/100 Dollars ($25,000.00) in U.S. dollars ("Principal") to the order of the Lender. The Lender is 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, and located at 112 S. Osceola Avenue, Clearwater, Florida 33756. The Lender or anyone who takes this Note by transfer and who is entitled to receive the value as evidenced by this Note is called the "Note Holder". This Note is secured by a mortgage of even date herewith (“Mortgage” or “Security Instrument”). THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $25,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Default of the terms of the mortgage and note shall cause this NOTE to become immediately due and payable. 2.INTEREST There will be no interest charged during the life of this loan. In the event Borrower transfers, sells, assigns, mortgages, refinances, or fails to meet the obligations established by the Note, Mortgage, or other applicable restrictions or laws, or in any manner disposes of all or a portion of the Property, then the principal and interest due, if any, shall become immediately due and payable and such outstanding principal shall begin to bear interest immediately at a rate of three percent (3%) per annum from the date or such sale, transfer, assignment, mortgage, refinance, or other conveyance, until paid in full. Exception being that in the event of refinancing within six (6) months, lender agrees that if borrower refinances that certain loan existing against the property at the time of Seymour/24 N. Fort Harrison LLC Note 11.__.15 [GM15-9216-050/177936/1]GM15-9216-050/176759/2 execution of this Note (“Senior Loan” or “Senior Loan Amount”) with no cash out or debt consolidation, the Lender will subordinate this loan to the senior loan at such time as the Borrower refinances the Senior Loan. Additionally, in this case, there would be no interest and no amount due. In the event of cash advances made to the Borrower in excess of the Senior Loan Amount, then the proposed subordination by Lender shall be applicable only to the Senior Loan Amount and any advance made in excess of the Senior Loan Amount shall not have superior lien position to the mortgage of the subordinating Lender. 3.PAYMENTS The term of this loan is Fifteen (15) years. The payments on this loan shall be deferred during the life of the loan provided that the borrower does not default. The entire principal balance shall be due and payable upon the sale, transfer of ownership, or refinancing of the property by the Borrower hereof, or any successors in title to the Borrowers hereof. If, on the Fifteenth (15th) anniversary of the date of this Note (“Due Date” or “Maturity Date”), Borrower still owes amounts due under this Note, Borrower shall pay all amounts due and owing in full on that date. The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and forthwith payable in advance of the Due Date upon the occurrence of any Event of Default or failure to perform in accordance with any of the terms and conditions set forth in the Note or Mortgage, as further described below. 4.BORROWER'S RIGHT TO PREPAY The undersigned has the right to prepay the balance due on this Note according to the amount owed, as listed below. A payment of principal only is known as a "prepayment". When a prepayment is made, the undersigned must notify the Note Holder, in writing, that Borrower is doing so. Full prepayment or partial prepayments may be made without paying any prepayment charge. The Note Holder will use all prepayments to reduce the amount of Principal that is owed under this Note. If a partial prepayment is made, there will be no change in the Due Date, unless the Note Holder agrees, in writing, to this change. Should the borrower sell, refinance (subject to Lender’s Subordination Policy, as may be amended from time to time), or otherwise transfer title of the property, the full amount of the Note will be due to the Note Holder. 5.LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is interpreted so that the interest or other loan charges collected in connection with this loan exceed the permitted legal limit, then any sum already collected which exceeded permitted limits shall be credited as a payment of Principal, unless the undersigned shall notify the Note Holder, in writing, that the undersigned elects to have such excess sum returned to it forthwith. 6.BORROWER'S FAILURE TO PAY AS REQUIRED (A) Default The Note shall become due and payable if the borrower should sell, refinance or otherwise transfer title of the property secured in this Note. Should the Borrower default under any provisions contained in this Note and/or the Mortgage, the outstanding Principal shall bear an interest rate of three percent (3%) per annum until paid in full. (B) No Waiver By Note Holder The remedies of the Note Holder, as provided herein or in the Mortgage Instrument shall be cumulative and concurrent and may be pursued regularly, successively or together, at the sole discretion of the Note Holder, and may be exercised as often as occasion therefore shall arise. No act of omission or commission of the Note Holder, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be effected only through a written document executed by the Note Holder, and then only to the extent specifically recited therein. A waiver or release with reference to any one event shall not be construed as continuing as a waiver or release of any subsequent right, remedy or recourse as to a subsequent event. Even if, at a time when the undersigned is in default, the Note Holder does not require immediate payment in full, as described above, the Note Holder will still have the right to do so if a default occurs at a later time. Seymour/24 N. Fort Harrison LLC Note 11.__.15 [GM15-9216-050/177936/1]GM15-9216-050/176759/2 (C) Payment of Note Holder's Costs and Expenses In the event the Note is collected by law or through an attorney at law, or under advice therefrom, the Note Holder will have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees, which are defined to include, without limitation, all fees incurred in all matters of collection and enforcement, construction and interpretations, before, during and after trial, proceedings and appeals, as well as appearances in reorganization or similar proceedings, and the cost of paraprofessional personnel working under supervision of an attorney. 7.GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given under this Note will be given by delivering it or by mailing it by first class mail to the undersigned at the Property address noted above. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder, at the address stated in Section 1 or at a different address if you are given a notice of that different address. 8.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owned under this Note. 9.WAIVERS All persons now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness hereby evidenced, for themselves, their heirs, legal representatives, successors and assigns respectively, hereby (a) expressly waive the rights of Presentment, demand for payment, notice of dishonor, protest, notice of nonpayment or protest, and diligence in collection ("Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give Notice to other persons that amounts due have not been paid); (b) consent that the time of all payments or any part thereof may be extended, rearranged, renewed or postponed by the Note Holder hereof and further consent that the collateral security or any part thereof may be released, exchanged, added to or substituted for by the Holder hereof, without in anyway modifying, altering, releasing, affecting or limiting their respective liability or the lien of any security instrument; (c) agreed that the Note Holder, in order to enforce payment of this Note, shall not be required first to institute any suit or to exhaust any of its remedies against the undersigned or any other person or party to become liable hereunder. This Note and the instruments securing it have been executed and delivered in, and their terms and provisions are to be governed and construed by the laws of the State of Florida. 10.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage ("Mortgage Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if the undersigned does not keep the promises which are made in this Note. The Mortgage Instrument described how and under what conditions the undersigned may be required to make immediate payment in full of all amounts owed under this Note. The Note Holder may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by the Note Holder if exercise is prohibited by law as of the date of this Instrument. If the Note Holder exercises this option, the Note Holder shall give the Borrower written notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Seymour/24 N. Fort Harrison LLC Note 11.__.15 [GM15-9216-050/177936/1]GM15-9216-050/176759/2 Borrower must pay all sums secured by this Security Instrument. If the Borrower fails to pay these sums prior to expiration of this period, the Note Holder may invoke any remedies permitted by this Note or the Security Instrument without further notice or demand on the Borrower. 11.If more than one party shall execute this Note, the term "undersigned", as used herein, shall mean all parties signing this Note and each of them, who shall be jointly and severally obligated hereunder. In this Note, whenever the context so requires, the neuter gender includes the feminine and/or masculine, as the case may be, and the singular number includes the plural. 12.COPY RECEIVED Borrower hereby acknowledges receipt of a copy of this instrument. Notice to Borrower Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $25,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Default of the terms of the mortgage and note shall cause this NOTE to become immediately due and payable. IN WITNESS WHEREOF, the undersigned have executed this Note on the day and year first above mentioned. 24 N. FORT HARRISON, LLC By: ____________________________ Print Name: _________________________ Title: ____________________________ STATE OF FLORIDA ]COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this ___ day of , 2015 by Shannon Seymour, Managing Member, 24 N. FORT HARRISON, LLC,personally known to me or who have produced a driver’s license as identification. My Commission expires:Notary Public Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 15-04 CRA Agenda Date: 12/14/2015 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Request that the U.S. Postal Service use the Historic Surplus Property Program to enable the sale of the Cleveland Street Post Office to the CRA for adaptive reuse and adopt Resolution 15-04. SUMMARY: The Cleveland Street Post Office opened in 1933 and was placed on the National Register of Historic Places in 1981. Adaptive reuse of the property would promote historical awareness, preserve the historic building, and provide for public access to a much larger audience than the current use. The CRA desires to implement adaptive reuse of the Post Office and begin a conversation on the relocation of the Post Office to a more suitable, mission-oriented location that would better service its retail and delivery operations. Additionally, the Cleveland Street Post Office lies in the entry to Downtown Clearwater and would serve as a visual marker to the downtown, as recommended in the Urban Land Institute report. One of the recommendations published in a report to Congress by the Advisory Council on Historic Preservation in 2014 specifically states that “the USPS should consider the Historic Surplus Property Program for select historic properties where protection of the property is paramount and a state or local government is interested in acquiring the property” Page 1 City of Clearwater Printed on 12/11/2015 Resolution No. 15-04 RESOLUTION NO 15-04 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THAT THE UNITED STATES POSTAL SERVICE CONSIDER USING THE HISTORIC SURPLUS PROPERTY PROGRAM TO ENABLE THE SALE OF THE CLEVELAND STREET POST OFFICE TO THE COMMUNITY REDEVELOPMENT AGENCY FOR ADAPTIVE REUSE. WHEREAS, the Cleveland Street Post Office opened in 1933 and was placed on the National Register of Historic Places in 1981; and WHEREAS, the CRA desires to implement adaptive reuse of the Post Office and begin a conversation on the relocation of the Post Office to a more suitable, mission-oriented location that would better service its retail and delivery operations; and WHEREAS, adaptive reuse of the property would promote historical awareness, preserve the historic building, and provide for public access to a much larger audience than the current use; and WHEREAS, the Cleveland Street Post Office lies in the entry to Downtown Clearwater and would serve as a visual marker to the downtown, as recommended in the Urban Land Institute report; and WHEREAS; one of the recommendations published in a report to Congress by the Advisory Council on Historic Preservation in 2014 specifically states that “ the USPS should consider the Historic Surplus Property Program for select historic properties where protection of the property is paramount and a state or local government is interested in acquiring the property”; now, therefore, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Community Redevelopment Agency is interested in acquiring the Cleveland Street Post Office at 650 Cleveland Street for reuse to promote the Downtown District in accordance with the recommendations of the Urban Land Institute. Section 2. The Community Redevelopment Agency requests that the United States Postal Service consider using the Historical Surplus Property Program to Resolution No. 15-042 enable the sale of the Cleveland Street Post Office to the Community Redevelopment Agency for such purpose. PASSED AND ADOPTED this 14th day of December, 2015. ____________________________ George N. Cretekos Chairman Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-2006 Agenda Date: 12/14/2015 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Community Redevelopment Agency Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Winter’s Miracle event review comments - Councilmember Jonson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/11/2015 41111E'74- '