CLEARWATER COMMUNITY REDEVELOPMENT AGENCY FUNDING AGREEMENT (2)400 Cleveland Street, LLC Right-of-way/CRA
CLEARWATER COMMUNITY REDEVELOPMENT AGENCY FUNDING AGREEMENT
The SkyView Development Right -of -Way Improvements
This Funding Agreement is made and entered into this 14th day of March, 2018, between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of Florida created pursuant to Part III, Chapter
163, Florida Statutes ("CRA"), and 400 Cleveland, LLC, a Florida limited liability company
("Developer").
WITNESSETH:
WHEREAS, Section 163.387(6), Florida Statues, allows for use of moneys in the
redevelopment trust fund to be expended from time to time for undertakings of a community
redevelopment agency as described in the redevelopment plan; and
WHEREAS, the CRA has adopted a Community Redevelopment Plan (a/k/a Clearwater
Downtown Redevelopment Plan) that establishes certain Goals, Objectives and Principles to
guide the revitalization of Downtown Clearwater; and
WHEREAS, a guiding principle of the Community Redevelopment Plan states, "The
revitalization of Downtown Clearwater is critical to the City's overall success. The city will use all
tools and incentives available in the CRA to revitalize Downtown"; and
WHEREAS, The SkyView, located at 400 Cleveland Street, is a new mixed-use
redevelopment project featuring 35 residential units and 6,500 square feet of restaurant space;
and
WHEREAS, prior to approval by the Community Development Board, city staff provided a
report stating, "A thorough review of the (Downtown Redevelopment) Plan was conducted and a
myriad of Visions, Goals, Objectives and Policies were identified as applicable to, supported by,
or in support of the proposal..."; and
WHEREAS, the city's June 2014, Urban Land Institute Advisory Services Panel Report
ULI Report) Clearwater Florida: A New Vision for Downtown, recognized that, "Cleveland Street,
specifically the 400 to 600 blocks, acts as Downtown's central business spine and organizing
element..." and "areas surrounding Cleveland Street have seen less infrastructural
investment..."; and
WHEREAS, Imagine Clearwater: A Community Vision for the Downtown Clearwater
Waterfront (Imagine Clearwater Plan) identifies the project area as an integral piece of the overall
revitalization of the bluff and waterfront, "...The intersection of Cleveland Street and Osceola
Avenue, the future gateway to the waterfront, should become the crossroads for Clearwater's
downtown. Strengthening Osceola will better knit together the waterfront to downtown by unifying
the district..."; and
WHEREAS, the Imagine Clearwater Plan recommends working with developer(s) to
ensure that projects meet the community's vision and productively contribute to Downtown, and
"... should help create a vibrant streetscape that promotes waikability and connectivity between
the waterfront and Downtown"; and
WHEREAS, right-of-way improvements, including but not limited to decorative pavers,
will be completed by the developer at the intersection of Cleveland Street and Osceola Avenue
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400 Cleveland Street, LLC Right-of-way/CRA
and the approximately 260 feet of frontage along North Osceola Avenue and a portion of Laura
Street as illustrated in the attached Exhibit Al; and
WHEREAS, these right-of-way improvements will aesthetically enhance the area and
visually link Osceola Avenue and Laura Street with the existing Cleveland Street Streetscape
improving the pedestrian experience; and
WHEREAS, upon completion of the right-of-way improvements, and final approval by all
required city departments, the CRA will reimburse an amount of $55,000 for the cost of pavers;
and
NOW THEREFORE, in consideration of the premises, the mutual covenants, and
promises contained herein, and other good and valuable consideration, the Developer
and the CRA agree and covenant each with the other as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of six (6) months commencing on the effective
date , unless earlier terminated under the terms of this agreement.
ARTICLE II. RESPONSIBILITIES OF DEVELOPER
1) Documentation of Work to be Completed. Developer will provide all necessary
documentation, including proposals, invoices, and receipts pertaining to the right-of-way
improvements.
2) Certification of Approval. Developer will provide documentation showing that all
appropriate city departments have approved the right-of-way improvements prior to the
CRA disbursing any funds.
3) Liability and Indemnification. Developer shall act as an independent contractor and
agrees to assume all risks of providing the activities and services herein agreed and all
liability therefore, and shall defend, indemnify, and hold harmless the CRA, its officers,
agents, and employees from and against any and all claims of loss, liability and damages
of whatever nature, to persons and property, including, without limiting the generality of
the foregoing, death of any person and loss of the use of any property, except claims
arising from the negligence of the CRA or CRA's agents or employees. This includes, but
is not limited to, matters arising out of or claimed to have been caused by or in any manner
related to the Developer's activities or those of any approved or unapproved invitee,
contractor, subcontractor, or other person approved, authorized, or permitted by
Developer whether or not based on negligence. Nothing herein shall be construed as
consent by the CRA to be sued by third parties, or as a waiver or modification of the
provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign
I mmunity.
4) Compliance with Laws. Developer shall comply with all applicable federal, state, county
and local laws, rules and regulations. If it is ever determined that this Agreement violates
any federal, state, county or local laws, rules or regulations, then Developer shall comply
in a timely manner or CRA may terminate.
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400 Cleveland Street, LLC Right-of-way/CRA
ARTICLE 1I1. RESPONSIBILITIES OF THE CRA
1) Funding. The CRA agrees to reimburse an amount of $55,000 for the cost of pavers in the city
right-of-way as shown in the attached Exhibit Al.
2) Funding Stipulation. No reimbursement for the pavers will be made until a certificate of
occupancy has been issued for the Project and all work in the right-of-way and right-of-
way
ightof-
way permits, etc. have been satisfied or approved by all involved city departments.
ARTICLE IV. MODIFICATION OF AGREEMENT AND DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may
not be changed, modified or discharged except by written Amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed herein
or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement for cause by
giving the other party thirty (30) days notice of termination. If the default is not cured within
the thirty (30) day period following receipt of notice, this Agreement shall terminate on the
thirty-first (31st) day.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1) If to Developer addressed to:
2) If to CRA, addressed to:
Moises Agami, Owner
400 Cleveland, LLC
400 Cleveland St.
Clearwater, FL 33756
Amanda Thompson, Director,
Community Redevelopment Agency
P. O. Box 4748
Clearwater, FL 33758-4748
With copies to:
Pamela Akin, City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
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400 Cleveland Street, LLC Right-of-way/CRA
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date written below.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 14 day of
March, 2018.
Countersigned: `\ sL
—Ct€Ar1 tCe1 `yNf
Comunity 'ede ment Agency
George N. Cretekos _ anda Thompson
Chairman
Approved as to form:
nk
Pamela Akin
City Attorney
Director
Attest:
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Rosemarie Call
City Clerk
400 CLEVELAND, LLC
By:
Moises Ami
Owner
Attest:
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