05/30/2017 - SpecialTuesday, May 30, 2017
9:00 AM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Community Redevelopment Agency
Meeting Agenda
Special CRA Meeting
May 30, 2017Community Redevelopment Agency Meeting Agenda
1. Call To Order
2. Approval of Minutes
2.1 Approve the minutes of the May 1, 2017 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 operating budget for the Community Redevelopment Agency
(CRA) for fiscal year 2016-2017, approve budget amendments to the CRA
Capital Improvement Project Fund and adopt Resolution 17-02.
4.2 Approve an agreement for loan and exhibition of artwork and management of a
gallery space with Professional Association of Visual Artists (PAVA) for a term
of six months, with an option to renew for an additional six months, and
authorize the appropriate officials to execute same.
4.3 Approve a lease agreement between the Community Redevelopment Agency
(CRA) and Water’s Edge Commercial Group, LLC, a Florida Limited Liability
Company, for the premises located at 331 Cleveland Street No. 2502, and
authorize the appropriate officials to execute same.
5. Adjourn
Page 2 City of Clearwater Printed on 5/22/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3555
Agenda Date: 5/30/2017 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the May 1, 2017 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 5/22/2017
Community Redevelopment Agency Meeting Minutes May 1, 2017
Page 1
City of Clearwater
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Monday, May 1, 2017
1:00 PM
City Hall Chambers
Community Redevelopment Agency
Community Redevelopment Agency Meeting Minutes May 1, 2017
Page 2
City of Clearwater
Roll Call
Present 4 - Chair George N. Cretekos, Trustee Bob Cundiff, Trustee Hoyt
Hamilton, and Trustee Bill Jonson
Absent 1 - Trustee Doreen Caudell
Also Presen t – W illiam B. Ho rne – City Manager, Jill Silverboard – Deputy City
Mana ger, Pamela K. Akin – City Attorney, Rosem ar ie Ca ll – City
Clerk, Seth Taylor - CRA Executive Director, and Nicole Spra gue –
Offic ial Re cords and Le gis lati ve Ser vices Coordin ator
To pro vi de continui ty fo r research, items are li sted in agend a order altho ugh not
necessarily disc ussed in that order.
Draft 1. Call To Order – Chair Cretekos
The meeting was called to order at 1:01 p.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the February 27, 2017 CRA Special Meeting as submitted in
written summation by the City Clerk.
Trustee Cundiff moved to approve the minutes of the February 27,
2017 CRA Special 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 an Amended Agreement to include insurance requirements between the
Community Redevelopment Agency and the Florida Business Incubator, Inc. (formerly
TAFFIE, LLC), a Florida corporation, and authorize the appropriate officials to execute
same.
Amended agreement includes provision for Commercial General Liability
insurance coverage and other insurance provisions; additional indemnification
and liability provisions; and contact information change for notices to parties.
In response to a question, Economic Development and Housing Director
Denise Sanderson said the contract approved last October did not
Community Redevelopment Agency Meeting Minutes May 1, 2017
Page 3
City of Clearwater
include the insurance provisions.
Trustee Hamilton moved to approve an Amended Agreement to
include insurance requirements between the Community
Redevelopment Agency and the Florida Business Incubator, Inc.
(formerly TAFFIE, LLC), a Florida corporation, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
4.2 Approve New Logo for Downtown Clearwater
The Downtown Clearwater logo development process was a joint effort
coordinated by Sparxoo, digital marketing and website designer, and a
committee that included city staff and downtown partners.
Logo application will included marketing materials, new Downtown Clearwater
website, banners and social media.
In response to questions, CRA Executive Director Seth Taylor said the
new logo does not include a tag line, only Downtown Clearwater. The
new logo will be used on banners; a sample banner is not available yet.
The existing banners will be replaced with the new logo.
Trustee Jonson moved to approve New Logo for Downtown
Clearwater. The motion was duly seconded and carried
unanimously.
CRA Executive Director Seth Taylor said staff is working with Legal to
create a Building Improvement Program and a CRA Opportunity Fund.
The CRA Opportunity Fund will be used to support catalyst projects in
the Downtown. Staff anticipates providing further details at a special
CRA meeting within the next 6 weeks. Mr. Taylor said the Project for
Public Spaces consulting team is wrapping up their final
recommendations for the Mercado; staff anticipates the final report to be
presented soon. As part of the Imagine Clearwater initiative, CRA staff
is working with Planning and Library staffs on a Second Century
storefront at the corner of Osceola Avenue and Cleveland Street. Mr.
Taylor said the storefront will be open to the public and will provide
information related to the City's major planning initiatives, such as
Imagine Clearwater.
Community Redevelopment Agency Meeting Minutes May 1, 2017
Page 4
City of Clearwater
5. Adjourn
The meeting adjourned at 1:10 p.m.
Chair
Community Redevelopment Agency
Attest
City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3545
Agenda Date: 5/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Amend the operating budget for the Community Redevelopment Agency (CRA) for fiscal year
2016-2017, approve budget amendments to the CRA Capital Improvement Project Fund and
adopt Resolution 17-02.
SUMMARY:
The amended capital budget reflects shifting downtown redevelopment priorities for the
Community Redevelopment Area, including business attraction, economic development
incentives, placemaking, branding and marketing, among other priorities.
APPROPRIATION CODE AND AMOUNT:
N/A
Page 1 City of Clearwater Printed on 5/22/2017
Project Amendments
Mid Year
Project Budget Proposed Amended Project Open Available Amend
#Description 10/1/2016 Amendments Budget To Date Encumbr Balance Status Ref
388-92839 Downtown Intermodal 46,078 46,078 0 46,078
388-94714 Downtown Redevelopment 2,788,056 (177,126) 2,610,930 1,525,535 1,085,395 1
388-94765 IMR Development 74,271 (69,611) 4,660 4,660 0 C 2
388-94847 Clearwater Centre-1100 Cleveland 620,000 (114,083) 505,917 505,917 0 C 3
388-94849 Downtown Gateway 3,459,839 (108,085) 3,351,754 1,755,679 1,596,075 4
388-94851 Affordable Housing 250,000 (250,000) 0 0 0 C 5
388-94852 Retail Attraction/Assistance 435,000 (85,613) 349,387 327,550 21,837 0 C 6
388-94853 Downtown Branding & Marketing 281,000 (73,857) 207,143 107,532 65,000 34,611 7
388-94856 Marriott Residence Inn 296,391 (68,774) 227,617 227,617 0 C 8
388-94859 Station Square Development 460,000 (460,000) 0 0 0 C 9
388-94862 Car Pro Site 355,000 355,000 329,296 19,052 6,652
388-94866 Economy Inn Debt 1,753,000 1,753,000 1,338,621 414,379
388-94868 Economy Inn Demolition 254,473 (37,279) 217,194 217,194 0 C 10
388-94872 Technology District Incentives 325,000 (253,250) 71,750 46,750 25,000 0 C 11
388-94884 Property Acquisition 1356 Park Street 65,000 (3,417) 61,584 61,584 0 C 12
388-94885 ULI Implementation 1,000,000 1,000,000 415,130 14,750 570,120
388-94887 Library Activation 199,870 199,870 134,216 65,654
388-94889 Placemaking Activities 60,000 48,342 108,342 52,085 56,257 13
388-94893 Opportunity Fund (Business Attraction)- 1,601,674 1,601,674 0 1,601,674 14
388-99963 Economic Development Incentive 203,861 (131,096) 72,765 72,765 0 C 15
388-99968 Downtown Beautification 187,676 (26,755) 160,921 60,921 99,999 16
388-99979 Storefront Improvement Program 282,165 (67,177) 214,988 114,989 100,000 17
388-99881 Clearwater Auto Site 187,659 (177,685) 9,975 9,975 0 C 18
388-99986 Mediterranean Village (The Nolan)259,538 536,893 796,431 96,431 700,000 19
Total 13,843,876 83,102 13,926,978 7,404,445 145,639 6,376,894
Budget Amendments to Projects
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
To record a transfer of $26,755.12 to 388-94893, Opportunity Fund (Business Attraction).
To record a transfer of $67,176.91 to 388-94893, Opportunity Fund (Business Attraction).
To record a transfer of $177,684.50 to 388-99986, Mediterranean Village (The Nolan). (close project)
To record a net transfer of $536,893.46 representing transfers of $105,792.46 from 388-94849, Downtown Gateway; $250,000 from 388-94851,
Affordable Housing; $3,416.50 from 388-94884, Property Acquisition 1356 Park Street; and $177,684.50 from 388-99881, Clearwater Auto Site.
To record a transfer of $85,612.96 to 388-94893, Opportunity Fund (Business Attraction). (close project)
To record a transfer of $68,774.12 to 388-94893, Opportunity Fund (Business Attraction). (close project)
To record a net transfer of $460,000 representing transfers of $48,342 to 94889, Placemaking Activities; and $411,658, to 388-94893,
Opportunity Fund (Business Attraction). (close project)
To record a transfer of $73,857.10 to 388-94893, Opportunity Fund (Business Attraction).
To record a transfer of $131,095.72 to 388-94893, Opportunity Fund (Business Attraction). (close project)
To record a transfer of $3,416.50 to 388-99986, Mediterranean Village (The Nolan). (close project)
To record a transfer of $48,342 from 388-94859, Station Square Development.
To establish the project and record a budget increase of $1,601,674 representing transfers of $262,521 from 388-94714, Downtown
Redevelopment; $69,610.70 from 388-94765, IMR Development; $114,083.12 from 388-94847, Clearwater Center - 1100 Cleveland; $85,612.96
from 388-94852, Retail Attraction/Assistance; $73,857.10 from 388-94853, Downtown Branding and Marketing; $68,774.12 from 388-94856,
Marriott Residence Inn; $411,658 from 388-94859, Station Square Development; $37,279.17 from 388-94868, Economy Inn Demolition;
$253,250.08 from 388-94872, Technology District Incentives; $131,095.72 from 388-99963, Economic Development Incentives; $26,755.12 from
388-99968, Downtown Beautification; and $67,176.91, Storefront Improvement Program.
To record a transfer of $37,279.17 to 388-94893, Opportunity Fund (Business Attraction). (close project)
Community Redevelopment Agency
Capital Improvement Project Fund
Mid Year Review
For the Six Month Period of October 1, 2016 - March 31, 2017
To increase the budget by $85,395.02 representing prior year excess cash to bring the budget in line with actual cash received in the project.
To record a transfer of $262,521 to 388-94893, Opportunity Fund (Business Attraction).
Actual Expenditures
To record a transfer of $69,610.70 to 388-94893, Opportunity Fund (Business Attraction). (close project)
To record a transfer of $253,250.08 to 388-94893, Opportunity Fund (Business Attraction). (close project)
To record a transfer of $250,000 to 388-99986, Mediterranean Village (The Nolan). (close project)
To record a transfer of $114,083.12 to 388-9489, Opportunity Fund (Business Attraction). (close project)
To reduce the budgeted transfer by $2,293 due to the reduction in County tax increment receipts in the operating fund for the fiscal year; and to
record a transfer of $105,792.46 to 388-99986, Mediterranean Village (The Nolan).
2016/17 Revenue/Mid Year
Adopted Expenditures Proposed Amended Amend
Budget To Date Amendments Budget Ref
Revenues & Transfers In
Tax Increment Financing Revenues
338930 Pinellas County 1,042,546 990,414 (1,172) 1,041,374 1
381115 City of Clearwater 1,006,484 1,005,386 (1,121) 1,005,363 1
381116 Downtown Development Board 188,500 188,293 (211) 188,289 1
Total TIF Revenues 2,237,530 2,184,093 (2,504) 2,235,026
Other Revenues
361101 Interest Earnings 50,000 46,558 50,000
369901 Other General Revenue - - - -
Transfers In
381782 DDB Administration 66,950 33,475 - 66,950
Total Revenues & Transfers In 2,354,480 2,264,126 (2,504) 2,351,976
Expenditures & Transfers Out
Operating Expenditures
530100 Professional Services 60,000 18,631 60,000
530300 Other Contractual Services 10,000 - 10,000
540300 Telephone Variable 1,250 961 1,250
541000 Information Technology - fixed charge 11,790 5,895 11,790
541600 Building & Maintenance - variable charge 1,000 750 1,000
542200 Electric-Utility Charges 1,000 63 1,000
542500 Postage 1,000 7 1,000
543100 Advertising 2,500 - 2,500
543200 Other Promotional Activities 1,500 791 1,500
543400 Printing & Binding 3,500 10 3,500
543600 Taxes - 840 -
544100 Equipment Rental 2,500 470 2,500
547100 Uniforms 500 - 500
547200 Employee Expense-Travel 7,000 1,019 7,000
547300 Mileage Reimbursement 1,500 - 1,500
548000 Other Services 4,000 696 4,000
550100 Office Supplies 3,000 302 3,000
550400 Operating Supplies - 55 -
557100 Memberships and Subscriptions 2,500 175 2,500
557300 Training and Reference 6,000 62 6,000
561400 Appraisal Fees - - -
581000 Payments to Other Agencies-DDB 188,500 - (211) 188,289 1
581000 Payments to Other Agencies - Blast Friday 100,000 100,000 100,000
582000 Aid to Private Organizations - - -
Total Operating Expenditures 409,040 130,727 (211) 408,829
Transfers Out
590200 General Fund- Administrative 395,141 197,571 395,141
590800 Library Activation Project (94887)100,270 100,270 100,270
590800 Downtown Gateway Project (94849)171,402 171,402 (2,293) 169,109 2
590800 Downtown Beautification (99968)25,000 25,000 25,000
590800 Economy Inn Site Redevelopment (94868)20,000 20,000 20,000
590800 Restricted County TIF Funds 1,042,546 1,042,546 1,042,546
590800 Façade Improvement Grant Fund (99979)20,000 20,000 20,000
590800 Downtown Redevelopment (94714)1,081 1,081 1,081
590800 CarPro Site (94862)5,000 5,000 5,000
590800 Downtown Marketing and Branding (94853)80,000 80,000 80,000
590800 Technology District Incentives (94853)25,000 25,000 25,000
590800 Placemaking Activities (94889)60,000 60,000 60,000
Total Transfers Out 1,945,440 1,747,870 (2,293) 1,943,147
Total Expenditures & Transfers Out 2,354,480 1,878,597 (2,504) 2,351,976
Excess of Revenues & Transfers In Over
Expenditures & Transfers Out - - -
Budget Amendments to Operating Budget
1
2
Community Redevelopment Agency
Mid Year Review
For the Six Month Period of October 1, 2016 - March 31, 2017
To adjust budgeted revenue to actual TIF receipts, and adjust the related payment to the DDB to match actual receipts.
To reduce the budget transfer to the Downtown Gateway Project (94849)representing $1,172 in Restricted County
TIF funds, and $1,121 in City TIF funds to compensate for the loss in tax increment financing.
Resolution No. 17- 02
RESOLUTION NO. 17-02
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, ADOPTING THE CRA FY
2016/2017 AMENDMENTS TO ANNUAL OPERATING
BUDGET AND CAPITAL BUDGETS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Community Redevelopment Agency (CRA) annual budget
requirements have been clarified and Section 189.418(3), of the Florida Statutes
requires that CRA’s adopt their annual budgets by resolution; now, therefore,
BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Adopt the FY2016/17 AMENDMENTS TO CRA Operating and Capital
Budgets as outlined on Exhibit A.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2017.
____________________________
George N. Cretekos
Mayor
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#17-3532
Agenda Date: 5/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve an agreement for loan and exhibition of artwork and management of a gallery space
with Professional Association of Visual Artists (PAVA) for a term of six months, with an option
to renew for an additional six months, and authorize the appropriate officials to execute same.
SUMMARY:
The City Community Redevelopment Agency (CRA) wishes to contract with PAVA to program
and manage the property located at 331 Cleveland Street for the purposes of a studio, gallery,
public assembly space, and consignment shop. PAVA and its members will staff the gallery at
times and dates coordinated with activities in Downtown Clearwater. These activities include,
but are not limited to: Blast Friday, Pierce Street Market, events at the Capitol Theatre, and
other significant downtown events.
APPROPRIATION CODE AND AMOUNT:
Placemaking: 388-94889; not to exceed $15,000.
Page 1 City of Clearwater Printed on 5/22/2017
PUBLIC GALLERY MANAGEMENT AGREEMENT
This agreement for loan and exhibition of artwork, and management of a gallery space, made and entered
into on this _____ day of ____________, 20____ by and between the Professional Association of Visual
Artists (hereafter called “PAVA”) whose address is PO Box 2665, Dunedin, FL 34697 and the City of
Clearwater, Florida (hereafter called the “City”), a municipal corporation of the State of Florida, located
at 112 South Osceola Avenue, Clearwater, FL 33756.
Whereas the City wishes to contract with PAVA to program and manage the property located at 331
Cleveland Street, No. C, Clearwater, FL 33756 for the purposes of a studio, gallery, public assembly
space, and consignment shop; and
Whereas PAVA wishes to occupy, program, and manage the property located at 331 Cleveland Street No.
C for use as an artist studio, gallery, public assembly space, and consignment shop.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, it is hereby agreed by and between the parties as follows:
1. RECITALS:
1.1 The conditions set forth in this agreementapply solely to the property located at 331 Cleveland
Street No. C and the agreement between PAVA and the City of Clearwater and cannot be altered,
changed, waived or otherwise amended except as agreed upon in writing by both parties.
2. TERM:
2.1 The City hereby agrees to contract with PAVA for a period of six (6) months, commencing on
______, 2017 and terminating on ______, 2017.
3. PAVA RESPONSIBILITIES:
3.1 PAVA and its members are responsible for the management and staffing of the public gallery
space including, but not limited to the following times and details:
a. Wednesday – Friday (11:00am – 5:30pm) and Saturday (11:00am – 4:00pm).
b. As necessary, and based upon public interest, gallery hours may be expanded by a
mutual agreement of both parties.
c. Evening hours as further described in 3.3
3.2 PAVA will provide a business manager and an assistant business manager to handle all
administrative functions necessary for the responsible management and programming of the
public gallery space.
a. The business manager, and/or the assistant business manager, will serve as the liaison
for all coordination and communications with City staff.
b. The business manager and assistance business manager will coordinate with the City in
the initial setup and build-out of the public gallery space.
c. Should the need arise, the business manager, and/or the assistant business manager,
will coordinate with the necessary security personnel (City police department, building
security officer) to ensure the safety of the public gallery space, its occupants, and the
materials contained within.
3.3 PAVA and its members will staff the gallery at times and dates coordinated with activities in the
Downtown and Cleveland Street District. These activities include, but are not limited to: Blast
Friday; Pierce Street Market or other similar market; significant events at the Capitol Theatre;
other significant events in the Downtown and Cleveland Street District.
3.4 PAVA and its members are encouraged to participate and integrate with activities in the
Downtown and Cleveland Street District through direct participation, support of marketing and
advertising, and attendance or performances at such events.
3.5 PAVA and its members will coordinate 1-2 events per month, to be dictated by season,
attendance, and availability of resources. PAVA will also coordinate with the City, CRA and
other non-profit and community groups to provide assembly and meeting space for various events
and activities.
a. Events may include, but are not limited to: Paint-ins or plein aire events;
demonstrations and discussions (Lunch and Learn); special exhibitions and shows for
member artists; lecture series; and other events that coordinate with themes and programs
of other City functions in the Downtown and Cleveland Street District.
3.6 PAVA and its members will maintain a record of metrics such as number of programs and
attendance. These metrics will be provided, at request, to the City as regular management
updates.
4. CITY RESPONSIBILITIES:
4.1 The City will work with the property owner to make necessary renovations and/or improvements
to the public gallery space to ensure that it is ready for occupation.
4.2 The City will provide PAVA and its members access and use of the public gallery space free of
charge.
4.3 The City will provide a suitable artwork hanging system for displaying 2-dimensional and wall
art. The City and PAVA will agree to arrange for other display methods as needs dictate.
4.4 The City and PAVA will develop an agreed-upon system of metrics of success for evaluating the
performance of PAVA as the public gallery space managers. These metrics will be controllable
items such as, but not limited to: number of exhibitions per month, social media posts, and
number of programs or activities per month.
4.5 The City and PAVA will have regular meetings to assess the progress and success of the
programs and operation of the public gallery space.
4.6 The City will work with PAVA and its members to create exterior signage for the public gallery
space.
4.7 The City will promote the public gallery space and its programs through normal City
communications, such as www.myclearwater.com; the City’s Facebook page; internal staff
communications; flyers; and messages to partner organizations.
4.8 In the event that the public gallery space must vacate its location prior to the expiration of this
agreement, the City will notify PAVA in an appropriate duration of time, no less than 30 days if
feasible, and will make a good faith effort to relocate PAVA and its members to another location.
5. PUBLIC GALLERY SPACE MANAGEMENT
5.1 PAVA and its members will be responsible for providing program coordinators, artists, and artists
in residence with all necessary materials such as tables, shelving, and cabinetry essential to
facilitate an active work space.
a. Artists will provide their own art supplies and any special materials such as lighting, easels,
chairs, and other objects specific and individualized to the artist’s needs.
5.2 PAVA and its members, and artists in residence, will maintain the public gallery space in a clean
and orderly manner.
5.3 Only 2-dimensional work and certain pre-approved 3-dimensional work, such as, but not limited
to: painting, drawing, photography, etching, watercolor and other similar media will be produced
in the public gallery space. Any materials leaving a residue such as ceramics and pottery,
sculpting, and other techniques involving dangerous materials such as welding, acid etching, and
open flames, are not permitted in the public gallery space.
5.4 PAVA and its members will promote the public gallery space and its programs through their
membership website, social media profiles, and community connections.
5.5 PAVA will be responsible for their portion of utilities in a percentage agreed upon by both
parties.
5.6 PAVA will use the space as a regular assembly area for their membership meetings and activities.
6. SALES:
6.1 PAVA and its members will maintain a constant and revolving exhibition of artwork at the public
gallery space. All artwork will be available for sale. The City will take no commission on sales
made in the public gallery space. PAVA arts member shall be solely responsible for payment, if
any, of sales taxes due.
6.2 Sales are to be conducted by invoice or through direct electronic sale (Square, credit card, etc).
No cash is to be kept on the premises at any time.
6.3 PAVA and its members will provide an ongoing gallery inventory and will be responsible for
maintaining records for all sales and processing for all artwork sold in the public gallery space.
6.4 PAVA and its members will, upon request, submit an accounting of all sales and financial
activities to the City.
7. INSURANCE:
7.1 PAVA and its members, acknowledge that the City will not provide any insurance coverage for
the items on display while they are located in the public gallery space. The exhibiting artists will
waive any and all subrogation rights against the City for any damage to, destruction of, theft of,
loss of, or other casualty to the times while they are located on display within the public gallery
space.
7.2 PAVA will provide proof of general liability insurance coverage in the amount of $1,000,000 per
occurrence and list the following entities as additionally insured: City of Clearwater; Clearwater
Community Revitalization Agency; Waters Edge; and Daniels Ikajevs, property owner.
8. INDEMNIFICATION:
8.1 PAVA and its members agree to indemnify and hold free and harmless, assume legal liability for
and defend the City of Clearwater and its officers, employees, agents, and servants, whether they are
current or former, from and against any and all actions, claims, liabilities, assertions of liability, losses,
costs and expenses, in law or in equity, including but not limited to attorney’s fees at trial and appellate
levels, reasonable investigative and discovery costs, court costs, or claims for bodily injury or death of
persons and for loss of or damage to property, except as provided for herein, of every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, from the
installation or display of the loaned items or as a result of the duties and obligations as required by this
exhibition agreement that which has resulted or alleged to have resulted from the negligent acts or
omissions or other wrongful conduct of or the infringement of any copyright by the lender.
9. DEFAULT:
9.1 Failure or refusal of PAVA or its members to perform or do any act herein required shall
constitute a default. In the event of a default, in addition to any other remedy available to the
City, the City, upon thirty (30) days written notice, may terminate this agreement. Such
termination does not waive any other legal remedies available to the City.
In witness thereof, the parties hereto have caused this Public Gallery Management Agreement to be
executed on the date first above written.
CITY OF CLEARWATER, FLORIDA
____________________________________
PAVA representative
____________________________________
CITY
____________________________________
Witness
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3533
Agenda Date: 5/30/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve a lease agreement between the Community Redevelopment Agency (CRA) and
Water’s Edge Commercial Group, LLC, a Florida Limited Liability Company, for the premises
located at 331 Cleveland Street No. 2502, and authorize the appropriate officials to execute
same.
SUMMARY:
The CRA will lease approximately 2,000 square feet of first -floor retail space located in the
ground floor of Water ’s Edge Condominiums to serve as an Artist Workshop /Exhibit Space.
The lease agreement between the CRA and Water ’s Edge Commercial Group, LLC will
commence on June 1, 2017, for a term of six months, in the amount of $1,425.24 per month.
The CRA will be sharing the retail space with the Pinellas Association of Visual Artists (PAVA)
for a collaborative, coordinated initiative to foster public art and engagement in Downtown .
The CRA will utilize half of the leased space to house a 2nd Century Clearwater exhibit. The
exhibit will feature the Imagine Clearwater - Bluff Master Plan and showcase additional 2nd
Century Clearwater (formerly referred to as ULI) priority projects.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement to be provided by CRA funding code 388-94885 ULI
Implementation. As of May 11, 2017, the balance in this fund is $570,120.
Page 1 City of Clearwater Printed on 5/22/2017
Water’s Edge/CRA Landlord
Lease v.1 Tenant
1
Lease
BASIC LEASE PROVISIONS
RETAIL CENTER: All property real, personal or mixed, owned by Landlord as of
this date, at the site in Pinellas County, Florida as shown on
Exhibit “A” (the “Retail Center”), of which Tenant’s Premises
are a part.
LANDLORD: Water’s Edge Commercial Group, LLC, a Florida Limited
Liability Company
ADDRESS: 331 Cleveland Street No. 2502
Clearwater, FL 33755
TENANT: City of Clearwater Community Redevelopment Agency
TRADE NAME: CRA
ADDRESS: 112 South Osceola Ave.
Clearwater, Florida 33756
CONTACT: Seth Taylor, CRA Director
TELEPHONE: (727) 562-4072
GUARANTOR: N/A
ADDRESS: N/A
TELEPHONE: N/A
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PREMISES: The approximate location of the premises is shown on Exhibit
“A”. 331 Cleveland Street No. C (a/k/a commercial space A),
Clearwater, Florida 33755.
AREA: Approximately 1,998 square feet
EFFECTIVE DATE: The date on which the last of the Landlord or Tenant executes
this Lease.
LEASE TERM: Six (6) months from June 1, 2017.
EXPIRATION: November 30, 2017, with an option to renew Lease for two
(2) additional six (6) month terms.
RENT
COMMENCEMENT
DATE: June 1, 2017 (“Rent Commencement Date”)
MINIMUM BASE RENT
PER ANNUM: $15,984.00 + 7% Sales Tax
The Minimum Base Rent for square footage base rent (the
“Minimum Base Rent” or “SFT Base Rent”) per rentable square
foot for the Premises annualized will be $8.00 per SFT including
7 % sales tax. The term of the lease is 6 months, with prorated
Minimum Base Rent, of $8,551.44 for the term for the amount of
$1, 425.24 per month inclusive of sales tax. The first term will
be automatically renewed for an additional six (6) month term
unless cancelled in writing by Tenant or Landlord at least thirty
days (30) before expiration of the initial term. The rent for the
first renewal lease term will be as follows: Minimum Base Rent
amount of $1, 425.24 per month. The second term will be
automatically renewed for an additional six (6) months,under the
same terms unless cancelled in writing by the Tenant or Landlord
at least thirty (30) days before expiration of the first renewal
lease term. There shall be no prepayment penalty if Tenant
chooses to pay rent in advance.
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Rent shall be due on the 1st day of each month and shall be
considered late if not paid by the 7th day of each month. Late
payments will be assessed a $45.00 late fee plus an additional
$5.00 per day for each day past the 15thday of each month. Rent
shall be paid directly to Landlord via direct deposit or check.
TENANT’S USE: Subject to the restrictions set forth herein, Tenant shall be
permitted to use the Premises only for the following purposes:
City/CRA exhibit space, office and meeting space, art studio, art
classes and demonstrations, art gallery and/or art related event
space. The Tenants use is further subject to the Declaration of
Condominium and the Rules and regulations of the
Condominium Association and the Landlord, from time to time.
Landland warrants that the proposed uses are permitted under the
Declaration of Condominium and the Rules and regulations of
the Condominium Association and that any consent or
permissions required have been obtained by Landlord.
SECURITY DEPOSIT: Tenant shall pay to Landlord a fully-refundable “Security Depos-
it” in the amount of Two Thousand and No/100 Dollars
($2,000.00), which shall be paid upon execution of this Lease.
The Security Deposit shall be held by Landlord until a Certificate
of Occupancy is issued for Tenant’s business. The Security De-
posit shall be held by Landlord as a Tenant’s Security Deposit
until termination of the Lease period as hereinafter set forth. If
Tenant shall default in any fashion under this Lease, Tenant shall
forfeit to Landlord the balance of any Security Deposit.
AMOUNT PAYABLE
UPON EXECUTION
OF LEASE: $ 2,000.00 SECURITY DEPOSIT + 1 month rent of $1,425.24
LEASE
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THIS LEASE, made as of this 1ST day of June, 2017 by and between, WATER’S EDGE
COMMERCIAL GROUP, LLC, a Florida limited liability company, or its successors or as-
signs, hereinafter called “Landlord”, and CITY OF CLEARWATER COMMUNITY RE-
DEVELOPMENT AGENCY, hereinafter collectively called “Tenant”.
W I T N E S S E T H:
Landlord hereby leases to Tenant, upon the terms and conditions hereinafter set forth, the
building space to be constructed (hereinafter called “Premises”) as shown on Exhibit “A” at-
tached. The Premises shall consist of approximately Two Thousand (2000) square feet. The
Premises is located in Pinellas County, Florida.
1. CONSTRUCTION. All improvements in the Premises or elsewhere in this
Lease, as shown on Exhibit “B” including, but not limited to any additional plumbing, electrical
systems and equipment, or improvements required to be completed for the operation of Tenant’s
business, will be installed by Landlord at Landlord’s cost and expense. All such improvements
shall be performed: (a) at the sole cost of Landlord; (b) by contractors, subcontractors and
workmen previously approved in writing by Landlord; (c) in a good and workmanlike manner;
(d) in accordance with the drawings and specifications previously approved in writing by Lan d-
lord; (e) in accordance with all applicable Federal, State, County and Municipal laws, regula-
tions, codes and permits (“Applicable Laws”); (f) subject to the reasonable regulations, supervi-
sion, control and inspection of Landlord. If any work which is required to be performed by Ten-
ant pursuant to the terms of this Lease is actually performed by the Landlord on behalf of Tenant,
then Tenant shall be required to pay Landlord, within thirty (30) days of receipt of invoices from
Landlord, as additional rent, an amount equal to the costs of Landlord performing such work,
together with an administration fee equal to fifteen percent (15%) of such costs. Tenant shall be
solely responsible to procure and pay for the approvals, licenses, building permits, certificates of
occupancy, and additional impact fees relating to Tenant’s use of the Premises that are in excess
of those fees that are assessed for a standard retail operation in the Premises, and all licenses and
other governmental approvals required to occupy the Premises or operate its business. Notwith-
standing anything contained herein to the contrary, neither Tenant nor Tenant’s contractor shall
perform any work which includes exterior excavation (roof penetration, asphalt penetration, etc.)
or which affects any other portion of the Retail Center. Rather, only Landlord’s contractors shall
perform such work after the Landlord has consented in writing to such work being performed
and approved the plans for such work in writing. Such work shall be completed at Tenant’s so le
cost and expense and shall be paid by Tenant to Landlord’s contractor prior to the commenc e-
ment of such work. Once Tenant has received the prior written consent of Landlord to such work
and plans, Tenant may contact Landlord’s contractor to schedule such work. For the purposes of
this Lease and in addition to the aforesaid, the term “Applicable Laws” shall include without
limitation the Americans With Disabilities Act as amended or modified from time-to-time, and
all regulations promulgated thereunder and all laws regulating the storage, use, transfer and/or
disposal of Hazardous Materials (described below).
2. TERM. See “Basic Lease Provisions” which are incorporated herein.
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3. HOLDOVER. In the event Tenant remains in possession of the Premises after
the expiration date or sooner termination of this Lease and without the execution of a new Lease,
Tenant shall be deemed a Tenant at-will from month-to-month, subject to all the conditions of
this Lease except for rent. The parties recognize and agree that the damage to Landlord resulting
from any failure by Tenant to timely surrender possession of the Premises will be substantial,
will exceed the amount of the monthly installments of the rent payable under the Lease, and will
be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises
is not surrendered to Landlord upon the expiration date or sooner termination of the Lease, in
addition to any other rights or remedies Landlord may have under the Lease or at law, Tenant
shall pay to Landlord, without demand therefore as liquidated damages, for each month and for
each portion of any month during which Tenant holds over in the Premises after the expiration
date or sooner termination of this Lease, a sum equal to two (2) times the aggregate of that por-
tion of the minimum Base Rent and additional rent that was payable under this Lease during the
last month of the term. Nothing herein contained shall be deemed to permit Tenant to retain pos-
session of the Premises after the expiration date or sooner termination of the Lease. Tenant shall
defend, indemnify, and hold Landlord harmless from any and all liabilities, loss, cost and ex-
pense of every kind suffered by Landlord as a result of Tenant’s holding over. The provisions of
this Section shall survive the expiration date or sooner termination of the Lease.
4. BASE RENT (MINIMUM RENT). See “Basic Lease Provisions”, which are
incorporated herein.
5. ADDITIONAL RENT. N/A
6. SECURITY DEPOSIT. See “Basic Lease Provisions”, which are incorporated
herein.
7. COVENANT TO PAY RENT. Tenant shall pay the Base Rent and taxes there-
on, as herein provided to Landlord at Landlord’s address herein or at such other place as Land-
lord may designate in writing without demand and without counterclaim, deduction or set-off. If
any monthly rent payment is not paid within fifteen (15) days after its due date, Tenant also
agrees to pay with said monthly rent payment as additional rent, without demand from Landlord,
an amount equal to Forty Five and No/100 Dollars ($45.00) plus Five and No/100 Dollars
($5.00) for each day rent is late beyond the 15th day.
8. POSSESSION. Tenant hereby accepts the Premises in “Vanilla Box/Shell” with
the improvements as provided in Exhibits A and B, on commencement of this Lease. The taking
of possession of the Premises by Tenant shall constitute completed acceptance of the Premises in
their “AS IS” condition, and a waiver of any obligation of Landlord to make further improv e-
ments to the Premises. Tenant agrees to execute an estoppel letter or letter of acceptance at th e
time Tenant takes possession, if so requested. Tenant further agrees to furnish Landlord, at the
time of possession, with certificates of insurance giving proof of Tenant’s compliance with the
insurance requirements of this Lease.
9. USE OF THE PREMISES. The Premises may be used and occupied only for
the purposes set forth in the Basic Lease Provisions above, and for no other use or purpose.
Landlord acknowledges that the Premises may be occupied and used by CRA, City and Profes-
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Lease v.1 Tenant
6
sional Association of Visual Artists (PAVA). In connection with Tenant’s occupancy and use of
the Premises, Tenant shall also comply strictly with all Applicable Laws. In the event of any
breach or violation of the terms of this Section by Tenant, following written notice from Land-
lord, Tenant shall immediately cease and desist from such breach or violation.
10. CARE OF THE PREMISES. Tenant shall commit no act of waste and shall
take good care of the Premises and the fixtures and appurtenances therein, and shall maintain and
repair the Premises so that the Premises are at all times compliant with all Applicable Laws.
Tenant shall keep the Premises in clean and sightly, first class condition.
11. MAINTENANCE AND REPAIRS. Tenant shall repair any damage to the Prem-
ises caused by Tenant or by any of Tenant’s employees, agents, customers, invitees, or licensees.
Tenant shall maintain the interior of the Premises and all walls, doors, windows, heating, coo l-
ing, interior plumbing, and mechanical equipment and plate glass, and Landlord agrees, whenev-
er possible, to extend to the Tenant the benefit of any enforceable manufacturer’s warranties on
such equipment. If Tenant refuses or neglects to make repairs and/or refuses to maintain the
Premises or any part thereof in a manner reasonably satisfactory to Landlord, then Landlord shall
have the right, upon giving Tenant fifteen (15) days written notice of its election to do so, to
make such repairs or perform such maintenance on behalf of and for the account of Tenant. In
such event, such work shall be paid for by Tenant, to Landlord, within ten (10) days of receipt of
an invoice for such repairs and/or maintenance.
Landlord shall, unless paid by the Condominium Association, at its expense,
maintain in good condition and repair, the roof, foundation, structural supports, underground or
otherwise concealed plumbing and concealed HVAC to the point of entry to the Premises,
exterior walls (excluding store front, doors, window glass, and plate glass), exterior painting,
exposed and exterior electrical systems to the point of entry to the Premises, and the sewer lines
serving the Premises. Landlord shall not in any way be liable to Tenant for failure to make
repairs as herein specifically required unless Tenant has previously notified Landlord in writing
of the need for such repairs and Landlord has failed to commence and complete said repairs
within a reasonable period of time following receipt of such notification.
12. REMOVAL OF PROPERTY. All improvements made by Tenant to the
Premises which are so attached to the Premises that they cannot be removed without causing
material injury to the Premises shall become the property of Landlord upon installation. No
later than the last day of the term, Tenant, at Tenant’s expense, shall remove all of the Tenant’s
personal property and those improvements made by Tenant which have not become the proper-
ty of Landlord, including trade fixtures, cabinet work, moveable paneling, partitions, and the
like, repair all injury done by or in connection with the installation or removal of such property
and improvements, and surrender the Premises in as good condition as they were at the begi n-
ning of the term, reasonable wear, and damage by fire, the elements, casualty, or other cause
not due to the misuse or neglect by Tenant or Tenant’s agents, employees, visitors, customers,
invitees or licensees, excepted. All property of Tenant remaining on the Premises after the last
day of the term of this Lease shall be conclusively deemed abandoned and may be removed
and disposed of by Landlord, and Tenant shall reimburse Landlord for the cost of such remov-
al.
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13. ALTERATIONS. Without Landlord’s prior written consent, Tenant shall not
make any structural or exterior alterations or additions upon said Premises, including any
changes to signage which has been previously approved by Landlord pursuant to the terms of
this Lease, provided, however, that Tenant shall have the right to make non-structural interior
alterations and repairs by first obtaining written consent of Landlord. In connection with such
work, Tenant shall obtain all required permits and governmental approvals, and Tenant shall
comply with all Applicable Laws.
14. HAZARDOUS ACTIVITIES, WASTE, ABANDONMENT. Tenant shall not
do or suffer anything to be done on the Premises that will increase the rate of fire insurance for
any portion of the Retail Center. Tenant shall not permit the accumulation of waste or refuse
matter on the Premises or anywhere in or near the building. Tenant shall not, without first ob-
taining the written consent of Landlord, abandon the Premises or allow the Premises to become
vacant or deserted.
Throughout the term of this Lease, Tenant shall prevent the presence, use,
generation, release, discharge, storage, disposal, or transportation of any Hazardous Materials
(as hereinafter defined) on, under, in, above, to or from the Premises, other than in strict
compliance with all Applicable Laws. For the purpose of this provision, the term “Hazardous
Materials” shall mean and refer to any waste materials, or other substances of any kind or
character that are or become regulated as hazardous or toxic waste or substances, or which
require special handling or treatment, under any applicable local, st ate or federal law, rule,
regulation or order. Tenant shall indemnify, defend, and hold Landlord harmless from and
against: (a) any loss, cost, expense, claim, damage, injury or liability arising out of any
investigation, monitoring, clean-up, containment, removal, storage, or restoration work (herein
referred to as “Remedial Work”) required by, or incurred by Landlord or any other person or
party in a reasonable belief that such Remedial Work is required by any applicable federal,
state, or local law, rule, regulation, or order, or by any governmental agency, authority, or
political subdivision having jurisdiction over the Premises; and (b) any claims of third parties
for loss, injury, expense, or damage arising out of the presence, release, or discharge of any
Hazardous Materials on, under, in, above, to or from the Premises, to the extent that such
matters arise from the actions or omissions of Tenant or Tenant’s employees, agents,
contractors, subcontractors, suppliers, visitors, customers, invitees or licensees. In the event
any Remedial Work is so required under Applicable Laws. Tenant shall promptly perform or
cause to be performed such Remedial Work in compliance with such law, rule, regulation, or
order. In the event Tenant shall fail to commence the Remedial Work in a timely fashion, or
shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute
an event of default on the part of the Tenant under the terms of this Lease, and Landlord, in
addition to any other rights or remedies afforded it hereunder, may, but shall not be obligated
to, cause the Remedial Work to be performed, and Tenant shall promptly reimburse Landlord
for the cost and expense thereof upon demand. The indemnification and other covenants
contained in this Section shall survive the termination of this Lease.
15. RULES AND REGULATIONS. Tenant shall observe and comply with such
reasonable rules and regulations as Landlord or the Water’s Edge Condominium Association
(the “Condominium Association” or “HOA”) may from time to time prescribe, on written no-
tice to Tenant, for the safety, care, and cleanliness of the building and the comfort, quiet and
Water’s Edge/CRA Landlord
Lease v.1 Tenant
8
convenience of other occupants of the building and/or grounds and parking regulations set
forth by Landlord.
16. CONTROL OF EXTERIOR APPEARANCE. The exclusive right is re-
served by the Landlord and HOA to control the exterior appearance of the entire Retail Center,
including, but not limited to all signs, decoration, lettering and advertising visible from the ex-
terior of the building (including those on the interior or on windows or doors), shades, awn-
ings, window coverings, exterior or interior lights, antennae, canopies, or anything whatsoever
affecting the visual appearance of the building. Tenant will not place or cause to be placed or
maintain any item of any kind on or in any of the Premises affecting the exterior a ppearance of
the building or common areas without first obtaining Landlord’s written approval and consent.
Tenant further agrees to maintain any said items as may be approved in good condition and re-
pair at all times.
17. UTILITY SERVICES. Tenant shall timely pay for all utilities, trash collection
and similar services which may be furnished to or used in or about the Premises and Tenant
shall keep the same free and clear of any lien or encumbrance of any kind whatsoever relating
to such services. Landlord shall cause all utilities to be separately metered to the Premises.
18. DAMAGE. Landlord shall have the option to terminate the Lease if all or a
substantial portion of the Premises or Retail Center is damaged by fire or casualty. This option
may be exercised by Landlord upon giving notice of cancellation to Tenant within ninety (90)
days following the occurrence of the damage. If the Premises or Retail Center are damaged or
destroyed by fire or casualty, and Landlord does not elect to terminate the Lease, to the extent
that there are available to Landlord sufficient proceeds from insurance to restore the Premises,
Landlord shall proceed with reasonable diligence to restore the same to its former condition.
Tenant agrees that during any period of reconstruction or repair of the Premises, it will contin-
ue the operation of its business within the Premises to the extent practicable. During the period
from the occurrence of the casualty until Landlord’s repairs are completed, the minimum Base
Rent shall be reduced by the Landlord to such extent as may be fair and reasonable in r elation
to the level of damage and disrepair suffered by the Premises and the Tenant’s ability to con-
duct its business from the Premises. However, there shall be no abatement of the other charges
provided herein.
19. WAIVER OF SUBROGATION. Landlord and Tenant hereby waive any
rights each may have against the other on account of any loss or damage occasioned to Land-
lord or Tenant, as the case may be, their respective property, the Premises, or its contents, or to
other portions of the Retail Center, arising from risk generally covered by fire and extended
coverage insurance policies then in use in the state where the Retail Center is situated; and the
parties each, on behalf of their respective insurance companies insuring the property of either
Landlord or Tenant against any such loss, will use reasonable efforts to obtain an endorsement
waiving any right of subrogation from their respective insurance companies, if such endorse-
ment is requested. Landlord shall not be liable for any damage to or destruction of any of Ten-
ant’s goods, merchandise, fixtures or property caused by fire or any other cause whatsoever.
20. REMEDIES OF LANDLORD. If Tenant shall default in payment of the rent
reserved herein, or in the payment of any other monies due hereunder, or any part of same on
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9
the date that monies shall become due, then Landlord may proceed with any and all remedies
available at law. If Tenant shall default in the observance of any of the other terms, covenants,
and conditions of this Lease, or if the Premises shall be abandoned, deserted, or closed for
business for more than ten (10) consecutive days or fifteen (15) days in a month, or if Tenant
shall sublet the Premises or assign this Lease except as herein provided; or if Tenant shall make
an assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or be adj u-
dicated as bankrupt by any court and such adjudication shall not be vacated within thirty (30)
days or Tenant takes the benefit of any insolvency act, or Tenant becomes dissolved voluntarily
or involuntarily or has a receiver of Tenant’s property appointed in any proceeding other than
bankruptcy proceedings and such appointment shall not be vacated within thirty (30) days after
it has been made, THEN, upon the happening of any one or more of the defaults or events
specified above in this Lease, the term hereof shall, at the option and election of the Landlord,
wholly cease and terminate and thereupon, or at any time thereafter, Landlord may re-enter
said Premises and have possession of the same and/or may recover possession thereof by
summary proceedings or otherwise, but Tenant shall remain liable to Landlord.
In the event of any one or more of the defaults set out above, all payments of Base
Rent, additional rent or of any other monies due from Tenant during the term of this Lease, or
any extension thereof, shall, at the option of Landlord, become immediately due and payable in
full. In such event, Landlord may re-enter the Premises without being liable to Tenant in any
respect for the prosecution of such rights, and Landlord may repair or alter the Premises in
such manner as Landlord may deem necessary or advisable to re-let the Premises. Landlord
shall also have the right to re-let said Premises and to collect any deficiency in re-letting in
addition to any reasonable expenses incurred; however, the Tenant’s obligation to pay Base
Rent, additional rent and other sums due hereunder shall survive the termination of the Lease.
The election by Landlord of any single remedy shall not preclude the exercise of any other
remedies at law or in equity, whether or not such other remedies are mentioned in this Lease.
Landlord shall not, in any event, be obligated or required to institute any measures or to take
any actions to attempt to mitigate Landlord’s damages arising from Tenant’s default.
21. LITIGATION, COURT COSTS, ATTORNEYS’ FEES. In the event that at
any time either Landlord or Tenant shall institute any action or proceedings against the other
relating to the provisions of this Lease or any default hereunder, then and in that event, the pr e-
vailing party in such action or proceeding shall be entitled to recover from the other party its
reasonable costs, expenses and attorneys’ fees which shall be deemed to have accrued on the
commencement of the proceeding or counterclaim brought by either of them against the other
on any matters whatsoever arising under this Lease. This Lease shall be governed by, co n-
strued, and enforced in accordance with the laws of the State of Florida.
22. ASSIGNMENT AND SUBLETTING. Tenant may not assign or encumber its
interest in this Lease or the Premises and may not sublease the Premises in whole or in part,
without prior written permission of Landlord, in Landlord’s sole and absolute discretion. In
connection with Landlord’s consideration of any proposed assignment or sublease, Landlord
may consider any factors deemed relevant to Landlord, including without limitation the per-
ceived financial ability of the proposed assignee or subtenant to comply with the financial
and/or use covenants herein contained and the reputation in the business community of the
proposed assignee or subtenant. Consent by Landlord to one or more assignments or subletting
Water’s Edge/CRA Landlord
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10
shall not operate as a waiver of Landlord’s rights as to any subsequent assignments and sublet-
ting. Notwithstanding any such permitted assignment or subletting, Tenant shall remain pri-
marily responsible to Landlord for the payment of Base Rent and additional rent and perfor-
mance of all covenants, terms and conditions hereof on Tenant’s part to be performed. Howev-
er, Notwithstandinganything herein to the contrary, Landlord specifically acknowledges that
the Premises may be occupied and used by the City, PAVA and the CRA as provided in this
agreement without further approval of Landlord.
23. SUBORDINATION AND ATTORNMENT. This Lease and all of Tenant’s
rights hereunder shall be subject and subordinate to all mortgages that may now or hereafter be
granted by Landlord on the real property of which the Premises form a part, and also to all r e-
newals, modifications, consolidations, and replacements of such mortgages. Although no in-
strument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant
will nevertheless execute and deliver such further documentation of this subordination as may
be desired by the holders of such mortgages. Tenant hereby appoints Landlord attorney-in-
fact, irrevocably, to execute and deliver any such instrument to Tenant. In the event of any
transfer of the ownership of the Premises whether voluntary or involuntary by foreclosure,
bankruptcy, sale, or otherwise, Tenant shall, at the option of the transferee of said ownership,
attorn said transferee to the same extent as if said transferee were the initial Landlord under the
Lease.
24. MECHANICS’ LIENS. Tenant shall, within ten (10) days after notice from
Landlord, discharge or bond off any mechanics’ or similar liens for materials or labor claimed
to have been furnished to the Premises on Tenant’s behalf. All contractors, subcontractors,
materialmen, and any other persons now or hereafter furnishing any labor, services, materials,
supplies or equipment to or on behalf of the Tenant with respect to the Premises are hereby
placed on notice that they must look exclusively to the Tenant for payment of the same and that
Landlord shall not be subject to or liable for any labor, services, materials, supplies, machinery,
fixtures, or equipment furnished to or supplied to Tenant. Tenant shall have no authority to
subject Landlord’s interest to any such claims or liens and no such lien for any of the foregoin g
shall attach to or affect the interest of Landlord in the Premises.
25. NOTICE.
As to Landlord: WATER’S EDGE COMMERCIAL
GROUP, LLC
331 Cleveland Avenue, No. 2502
Clearwater, Florida 33755
Attention: Daniels Ikajevs
Tel. (727) 424-2321
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As to Tenant: CITY OF CLEARWATER COMMUNITY
REDEVELOPMENT AGENCY
112 South Osceola Ave.
Clearwater, FL 33755
Attention: Seth Taylor, CRA Director
Tel. (727) 562-4072
Any notice which is to be given to either party hereunder shall be deemed
sufficiently given if hand-delivered to the Premises or sent by certified or registered mail,
postage prepaid, or by means of an overnight delivery service (i.e. Federal Express, Airborne)
to such party at its address appearing above in writing. Any notice given to Tenant shall also
be given to any assignee or sub-tenant and all notices to an assignee or sub-tenant or Tenant
shall also be sent to Tenant.
26. RIGHT TO INSPECT AND REPAIR. Landlord may, but shall not be obligated
to enter the Premises at any reasonable time, on reasonable notice to Tenant (except that no no-
tice need be given in the case of emergency), for the purpose of inspecting the Premises, to
make such repairs, replacements, or additions in, to, on, and about the Premises or the building
as Landlord deems necessary or desirable, or to exercise Landlord’s other rights hereunder.
27. CONSTRUCTIVE EVICTION. Tenant shall not be entitled to claim a con-
structive eviction for any cause unless Tenant shall have first notified Landlord in writing of
the condition or conditions giving rise to such claim, and if the complaint be justified, unless
Landlord shall have failed within a reasonable time (in no event less than thirty (30) days) after
receipt of such notice to remedy such conditions. Tenant shall also serve notice of Landlord’s
default to the holder of the first mortgage or deed of trust on the Premises. The holder of the
first mortgage or deed of trust shall also have the right, but not the obligation, to cure the de-
fault within such period.
28. CONDEMNATION. From and after the Rent Commencement Date, Tenant
shall have the following rights in the event of a taking of the entire Retail Center or any part
thereof, by reason of any exercise of the power of eminent domain, including any transfer in
lieu thereof:
(a) Total Permanent. In the event of a taking of the entire Premises or, in the
sole discretion of Tenant, so substantial portion as would render the balance of the Premises
not suitable for Tenant’s Uses, this Lease shall terminate upon the date that possession is sur-
rendered to the condemning authority, at which time all rights and obligations between the par-
ties shall cease and Base Rent and other charges payable by Tenant under this Lease shall be
apportioned. The taking of any portion of the Building, fifteen percent (15%) or more of the
then existing parking area, or the loss or change of any the rights of access or ingress and
egress as then established, shall be at Tenant’s sole discretion, but not exclusively considered,
such a substantial taking as would render the use of the Premises not suitable for Tenant’s then
current uses. In any of the foregoing events of taking, Tenant has the exclusive right to claim
such award as may be allowed for loss of its business, personal property, trade fixtures, equip-
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ment and relocation expenses, provided and to the extent such claim does not diminish or ad-
versely affect Landlord’s award.
(b) Partial Permanent. In the event of a taking of less than the entire Premises
or, in the sole discretion of Tenant, less than a substantial portion as would render the balance
of the Premises not suitable for Tenant’s Uses, Tenant shall be entitled to a reduction of Base
Rent an amount equal to the prorated rent per foot of the Premises taken. In consideration of
such reduction, Tenant waives any claim for damage to or loss of its leasehold estate, all of
such award being payable to Landlord, who shall use so much thereof as may be necessary to
restore the Premises as nearly as possible to its condition immediately prior to the taking. Ten-
ant shall have the option to perform such restoration and Landlord shall, upon Tenant’s elec-
tion, provide the whole of such award or such portion thereof as may be necessary for Tenant
to accomplish the restoration. Should such award be insufficient to accomplish the restoration,
such additional costs shall be paid by Landlord.
(c) General. Should Landlord and Tenant be unable to agree as to the division
of any singular award or the amount of any reduction of Base Rent and other charges payable
by Tenant under this Lease, such dispute shall be submitted for resolution to the court exercis-
ing jurisdiction of the condemnation proceedings, each party bearing its respective costs for
such determination. Landlord represents and warrants that at the Rent Commencement Date, it
has no actual or constructive knowledge of any proposed condemnation, road or access or visi-
bility changes including, but not limited to, turn restrictions, barriers or medians, overpasses,
underpasses or bypasses, that would affect the Retail Center or the Premises.
29. INSURANCE.
(a) Tenant’s Insurance. At all times after the date of delivery of possession of
the Premises to Tenant, Tenant, at Tenant’s sole cost and expense, shall maintain in full force
and effect the following insurance, which insurance shall be with companies licensed to do
business in the State of Florida:
(i) A Commercial General Liability Insurance Policy applying
to the use and occupancy of the Premises and the business operated at the Premis-
es; such coverage shall have a minimum combined single limit of liability of at
least One Million Dollars ($1,000,000) and a general aggregate limit of at least
One Million Dollars ($1,000,000), and the policy shall [a] be written to apply to
all bodily injury, property damage, personal injury and other covered loss, how-
ever occasioned, occurring during the policy term, [b] name as an additional in-
sured, Landlord (and, at Landlord’s request, any mortgagee), [c] by its terms, be
cancelable or materially altered only with at least thirty (30) days prior written no-
tice to Landlord (and any such mortgagee); and [d] shall be endorsed to provide
that the insurance shall be primary to and not contributory to any similar insur-
ance carried by Landlord and shall contain a severability of interest clause.
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(ii) An all risks property and casualty insurance policy, written
at the full replacement cost value and with replacement cost endorsement, cover-
ing the Premises and all of Tenant’s personal property in the Premises (including,
without limitation, inventory, trade fixtures, floor coverings, furniture and other
property removable by Tenant under the provisions of this Lease), the plate glass
in or surrounding the Premises and all Tenant improvements and the Leasehold
Improvements installed in the Premises by or on behalf of Tenant; providing pro-
tection against perils included within the standard all-risk form of fire and extend-
ed coverage insurance policy, together with insurance against sprinkler damage, if
applicable (but Landlord makes no representation that the Premises is equipped
with a sprinkler system), vandalism and malicious mischief.
(b) Policy Requirements. Each policy required hereunder shall contain a
covenant that should such policies be cancelled, assigned or materially changed during the
policy period, the insurer will mail a notice thereof to Landlord, Landlord’s lender and any
other parties required to receive such notice, at least thirty (30) days in advance. All insurance
policies required to be maintained under this Lease shall be procured from insurance
companies rated at (A-/IX) or better by the then current edition of Best’s Insurance Reports
published by A.M. Best Co. and licensed to do business in the state in which the Premises are
located. Prior to Tenant’s possession of any portion of the Premises, Tenant shall furnish to
Landlord the policies or certificates of insurance showing the insurance referred to in this
Section 29 to be in full force and effect naming Landlord as additional insured and certificate
holder. No such policy shall be cancelable except after thirty (30) days written notice to
Landlord. Tenant shall, prior to the expiration of any such policy, furnish Landlord, any
mortgagee and any third party required to receive notices of insurance, with renewals or
“binders” thereof together with evidence of the payment of premiums therefore, or Landlord
may order such insurance and charge the cost thereof to Tenant, which amount shall be paid by
Tenant upon demand. The insurance, as to the interest of Lender therein, shall not be
invalidated by any act or neglect of Landlord or Tenant or any owner of the Premises, nor by
any foreclosure or any other proceedings or notices thereof relating to the Premises, nor by any
change in the title or ownership of the Premises nor by occupancy of the Premises for purposes
more hazardous than are permitted by such policy. It shall be the responsibility of Tenant not
to violate nor knowingly permit to be violated any condition of the policies required under this
Lease. Neither the issuance of any such insurance policy nor the minimum limi ts specified in
this Section 29 shall be deemed to limit or restrict in any way Tenant’s liability arising under or
out of this Lease.
(c) Deductibles. Subject to the requirements of any insurance required herein,
the property insurance specified herein shall have a deductible no greater than Five Thousand
Dollars ($5,000.00). All liability insurance specified herein shall have a deductible no greater
than Five Thousand Dollars ($5,000.00). Tenant shall be liable for any deductible amount.
The policies of insurance required to be carried by Tenant shall be primary and not in excess of
any other insurance available to Landlord.
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(d) Personal Property, Risk of Damage. Tenant agrees that all personal
property of every kind or description, including, without limitation, inventory, furniture,
furnishings, and trade fixtures, which may at any time be in the Premises shall be at Tenant’s
sole risk, or at the risk of those by, through or under Tenant, and Landlord shall not be liable
for, and shall be held harmless by Tenant against, all losses, liability, and expenses (including
but not limited to subrogation claims by Tenant’s insurance carrier) for any damage to said
property or for any loss suffered by the business or property of Tenant arising from any cause
whatsoever including but not limited to bursting, overflowing or leaking of water, sewer or
steam pipes or from the heating or plumbing fixtures or equipment, or from the electric wiring
or from gas, fumes or odors.
(e) No Impairment of Coverage; Coverage Increases. Tenant shall not carry
any stock of goods or do anything in or about the Premises that will impair or invalidate the
obligation of any policy of insurance on or in reference to the Premises or the Building. Land-
lord shall have the right to reasonably require that the amount or types of insurance coverage
required of Tenant hereunder be adjusted upon the commencement of each option period and
from time to time to reflect insurance customarily required by prudent landlords for similar
properties in the metropolitan area in which the Premises are located.
(f) Landlord’s Insurance. Landlord agrees to provide and keep in force during
the Term of this Lease the following insurance coverage from an insurance company or com-
panies authorized to do business in the state in which the Property is located: commercial gen-
eral liability insurance, including contractual liability coverage with combined single limited
coverage of not less than One Million and/100 Dollars ($1,000,000.00) for injury to persons or
property and loss of life or property in or about the Premises arising out of any one occurrence.
Such insurance shall be endorsed to provide that the insurance shall be primary to and not con-
tributory to any similar insurance carried by Tenant and shall contain a severability of interest
clause.
30. INDEMNITY. Tenant covenants that Landlord shall not be liable for any dam-
age or liability of any kind or for any injury to or death of persons or damage to property of
Tenant or any other person during the term of this Lease, from any cause whatsoever, by rea-
son of the use, occupancy, and enjoyment of the Premises by Tenant or any person thereon or
holding under said Tenant, and that Tenant will indemnify and save harmless Landlord from all
liability whatsoever on account of any such real or claimed damage or injury and from all liens,
claims, demands, lawsuits, actions and regulatory or administrative actions arising out of the
use of the Premises and its facilities or any repairs or alterations which Tenant may make upon
said Premises, but Tenant shall not be liable for damage or injury occasioned by the gross neg-
ligence of Landlord or Landlord’s designated agents, servants, or employees. Such indemnity
shall include without limitation Landlord’s reasonable attorney’s fees and investigation costs
and all other reasonable costs, expenses, and liabilities incurred by Landlord defending against
or responding to any indemnified matter.
31. LANDLORD’S RIGHT TO CANCEL. Should the operation of Tenant’s busi-
ness be or become or attract customers whose conduct is offensive or in any way threatening to
the Landlord, the other tenants in the Retail Center, or the customers of the other tenants, the
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Lease v.1 Tenant
15
Landlord may, at Landlord’s option, cancel and terminate this Lease, if Tenant fails to stop
such offensive or threatening activities within thirty (30) days after written notice thereof to
Tenant.
32. INTERRUPTION OF UTILITIES. Landlord shall not be liable for any inter-
ruption whatsoever in utility services not furnished by it, nor for interruptions in utility services
furnished by it which are due to fire, accident, strike, acts of God, or other cause beyond the
control of Landlord, or in order to make alterations, repairs or improvements to the Premises.
33. PERSONAL PROPERTY TAXES. Tenant shall be liable for all taxes levied
against personal property and trade fixtures placed by Tenant in the Premises. If any such tax-
es are levied against Landlord’s property and if Landlord elects to pay the same or if the as-
sessed value of Landlord’s property is increased by inclusion of personal property improve-
ments and trade fixtures placed by Tenant in the Premises and Landlord elects to pay the taxes
based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for
which Tenant is primarily liable hereunder as determined by Landlord.
34. NO WAIVER. One or more waivers of any covenant, term or condition of this
Lease by either party shall not be construed as a waiver of any subsequent breach of the same
covenant, term or condition. The consent or approval by either party to or of any act by the
other party requiring such consent or approval shall not be deemed to waive or render unneces-
sary consent to or approval of any subsequent similar act.
35. FORCE MAJEUR. Whenever a period of time is herein prescribed for action to
be taken by Landlord, Landlord shall not be liable or responsible for, and there shall be exclud-
ed from the computation of any such period of time, any delays due to strikes, riots, Acts of
God, actual and significant shortages of labor or materials, war, governmental moratoria or any
other cause of any kind whatsoever which are beyond the reasonable control of Landlord.
36. ESTOPPEL CERTIFICATE. Tenant agrees at any time, and from time to time,
upon not less than fourteen (14) days prior notice by Landlord, to execute, acknowledge and
deliver to Landlord, a statement in writing addressed to Landlord certifying the following:
(a) that this Lease or any sublease is unmodified and in full force and effect (or, if there have
been modifications, that they are in full force and effect as modified and stating the modifica-
tions), stating the dates to which the Base Rent, additional rent and other charges have been
paid; (b) Tenant has accepted possession of the Premises and is presently occupying the Prem-
ises; (c) stating whether or not to the best knowledge of the signer of such certificate, there ex-
ists any default by Landlord in the performance of any covenant, agreement, term, provision or
condition contained in this Lease, and if so, specifying each such default, it being intended that
any such statement may be relied upon by Landlord, by any holder or prospective holder of any
mortgage affecting the Retail Center or by any purchaser of the Retail Center; and, (d) any oth-
er information reasonably requested by a prospective purchaser, mortgagee or tenant of the Re-
tail Center. For the purposes of this Lease, the terms “mortgage” and “deed of trust” shall have
the same meaning, and the term “mortgagee” shall include the holder/beneficiary/lender under
any deed of trust.
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Lease v.1 Tenant
16
37. RELATIONSHIP BETWEEN PARTIES. Nothing herein contained shall be
deemed or construed by the parties hereto, nor by any third party, as creating the relationship
of principal and agent or of partnership or of joint venture between the parties, it being under-
stood and agreed that neither the method of computation of rent, nor any other provision con-
tained herein, nor any acts of the parties shall be deemed to create any relationship between the
parties other than the relationship of Landlord and Tenant.
38. INTERPRETATION. If any provisions of the Lease are contrary to the law of
the State of Florida, each provision shall be deemed stricken herefrom and the balance of this
Lease shall remain in full force. If there is more than one (1) Tenant or Landlord, they shall be
bound jointly and severally. The terms “Landlord” and “Tenant” and any pronoun referring
thereto shall be deemed to include their respective heirs, executors, administrators, successors
and assigns without regard to gender or number wherever the context so permits. The captions
to each article are used for convenience only and are not to be considered a part of this Lease
nor used in interpreting it.
39. RECORDING. Upon the request of either party hereto, the other party shall join
in the execution of a notice or so-called “short form” of this Lease which shall be in proper
form for recording and sufficient to give record notice of the lease interest created herein and
such other pertinent information as Landlord deems necessary for public recordation, includ-
ing, but not limited to notice of the “no lien” provisions of Section 24. In addition, after the
Rent Commencement Date, and upon the request of either party, the other party will execute an
instrument in recordable form setting forth such Rent Commencement Date. The requesting
party shall pay the costs of any such recording.
40. AUTHORITY TO EXECUTE. Landlord and Tenant do each hereby respec-
tively represent to the other that, subject only to the reservations expressly set forth herein, it
has the capacity and authority to enter into this Lease. Landlord owns the property described
in Exhibit “A” attached, or will own same prior to the date on which the Premises are deliv-
ered to Tenant.
41. NO OTHER REPRESENTATIONS. No representations or promises shall be
binding on the parties hereto except those representations and promises contained herein or in
some future writing signed by the party making such representations or promises.
42. PARKING. There is no parking provided as part of this Lease.
43. TENANT SIGNS. Tenant, at its sole cost and expense and within thirty (30)
days following Tenant’s opening for business, shall be required to erect a sign advertising its
business upon the front exterior wall of the Premises. Such sign shall be situated in the area
designated by Landlord, which shall be the area wherein Landlord provides the wiring for Ten-
ant’s connection of such sign. Such sign shall comply in all respects with applicable permits,
codes, laws and regulations, and with Landlord’s and HOA’s sign criteria and Tenant’s sign
shall not be installed until it has been approved in all respects by Landlord, which approval
shall not be unreasonably withheld, conditioned or delayed by Landlord.
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44. TIME IS OF THE ESSENCE. Time is of the essence of this Lease and every
provision thereof.
45. SET-UP DEBRIS. All Tenant’s moving and setting up waste and trash shall not
be discharged into Landlord’s trash containers and shall be disposed of separately by Tenant at
Tenant’s cost and expense.
46. OPTION TO RENEW. See “Basic Lease Provisions”, which are incorporated
herein.
51. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement be-
tween the parties and may be modified only in writing signed by both parties. The following
Exhibits, if any, and the Rules and Regulations have been made a part of the Lease before the
parties execution hereof.
52. NO OFFER. This Lease is submitted to Tenant on the understanding that it will
not be considered an offer and will not bind Landlord in any way until: (a) Tenant has duly ex-
ecuted and delivered duplicate originals to Landlord; and (b) Landlord has executed and deliv-
ered one of such originals to Tenant.
53. REAL ESTATE BROKER. Tenant warrants and represents that there is no real
estate broker except for Hybridge Realty (representing Landlord) has been involved in this
Lease, and neither Landlord nor Tenant has had any dealings with any other real estate broker
or salesman in connection with this Lease. Lease. Landlord has agreed to pay to Hybridge Re-
alty, a real estate commission in connection with the consummation of this Lease.
54. GUARANTY. N/A
55. LANDLORD ASSIGNMENT. Landlord shall have the right to transfer, assign
and convey, in whole or in part, any or all of the right, title and interest to the Retail Center,
provided, such transferee or assignee shall be bound by the terms, covenants and agreements
herein contained, and shall expressly assume and agree to perform the covenants and agree-
ments of Landlord herein contained and such assignment shall not be effective until notice of
such assignment or transfer together with an executed copy of such assignment or transfer in-
strument is received by Tenant.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
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AGREED TO AND ACCEPTED BY:
WITNESSES:
Print Name:
Print Name:
LANDLORD:
WATER’S EDGE COMMERCIAL GROUP,
LLC., a Florida limited liability company
By: ___________________________________
Daniels Ikajevs, Managing Member
WITNESSES:
Print Name:
Print Name:
TENANT:
CITY OF CLEARWATER COMMUNITY
REDEVELOPMENT AGENCY,
By:
Seth Taylor, CRA Director
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Lease v.1 Tenant
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EXHIBIT “A”
PREMISES
EXHIBIT “B”
PREMISES