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03/12/2018Monday, March 12, 2018 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Community Redevelopment Agency Meeting Agenda March 12, 2018Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the February 12, 2018 CRA meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items 4.1 Approve a not to exceed amount of $55,000 for streetscape improvements in the CRA constructed by 400 Cleveland Street, LLC and authorize the appropriate officials to execute same. 4.2 Approve a Business Lease Contract between the Clearwater Redevelopment Agency and the Clearwater Community Gardens, Inc. for a community garden at 1273 Grove Street, 1277 Grove Street, and 20 North Betty Lane to establish a new lessee for the community garden and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 3/1/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4337 Agenda Date: 3/12/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the February 12, 2018 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 3/1/2018 Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, February 12, 2018 1:00 PM Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 2 City of Clearwater Roll Call Present 5 - Chair George N. Cretekos, Trustee Doreen Caudell, Trustee Bob Cundiff, Trustee Hoyt Hamilton, and Trustee Bill Jonson Also Presen t – William B. Horne II – City Manager, Jil l Silverboard – Deputy City Mana ger, Micah Maxwell – Interim CRA Executive Director, Pamela K. Akin – City Attorney, Rosem ar ie Call – City Clerk, Nicole Spra gue – Offic ial Re cords and Le gis lati ve Ser vice s Coo rd in ator, and Amanda Thompson – CRA Executive Director. 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. Unapproved 1. Call to Order – Chair Cretekos The meeting was called to order at 1:50 p.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the January 16, 2018 CRA meeting as submitted in written summation by the City Clerk. Trustee Jonson moved to approve the minutes of the January 16, 2018 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 Ratify and confirm First Amendment to the Public Gallery Managem ent Agreement between the Community Redevelopment Agency (CRA) and Bazaar Art, LLC and authorize the appropriate officials to execute same. On July 31, 2017, an agreement between the Community Redevelopment Agency (CRA) and Bazaar Art, LLC was approved by the Board of Trustees for the programming and management of Second Century Studios, an artist studio, gallery, public assembly space and art consignment shop, for a term of six-months. The effective date of the agreement is August 10, 2017. The effective termination date is February 10, 2018. Draft Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 3 City of Clearwater The agreement is amended generally as follows: 1) Address location corrected; 2) removal of Saturday hours of operation; 3) CRA will pay all utilities; 4) termination date change from February 10, 2018 to May 1, 2018; and 5) other typographical and clarifying language changes. The CRA will continue sharing the Second Century Studios space with Bazaar Art for a collaborative, coordinated initiative to foster public art and engagement in Downtown. The CRA utilizes the leased space to house a Second Century Clearwater exhibit. The exhibit features the Imagine Clearwater - Bluff Master Plan and showcases other Second Century Clearwater (formerly referred to as ULI) priority projects. The grand opening of Second Century Studios was held on September 27, 2017, and since that time, the Bazaar Art LLC has hosted five exhibitions featuring local artists and has welcomed more than 1,200 visitors. Agreement by Related Parties: On May 30, 2017 a six-month lease agreement was approved by the Board of Trustees between the Community Redevelopment Agency and Water’s Edge Commercial Group, LLC for the property located at 331 Cleveland St., Suite A for the purposes of a studio, gallery, public assembly space and consignment shop. On November 30, the two parties agreed to exercise the first of no more than two six-month renewal periods terminating on May 31, 2018. APPROPRIATION CODE AND AMOUNT: Estimated funding for additional utilities expenses at Second Century Studios in the amount of $1000 to be provided by CRA funding code 388-94885 - ULI Implementation. In response to questions, CRA Executive Director Amanda Thompson said Bazaar Art representative Jennie Pearl is welcome to open the gallery space on Saturdays; the CRA agreement no longer requires the space to be open Saturdays. The CRA has identified major events, such as the Sea Blues Festival, during which the gallery will be open; the CRA will support marketing efforts for those events. Ms. Thompson said since September 29, 2017 to the present, 3,100 individuals have visited the gallery space; 900 visitors during the Tell an Elf event. The CRA is paying for the platform but not to staff the space; it made sense, according to visitor numbers, to open the space before a show at The Capitol. Trustee Caudell moved ratify and confirm First Amendment to the Public Gallery Management Agreement between the Community Redevelopment Agency (CRA) and Bazaar Art, LLC and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Draft Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 4 City of Clearwater 5. Old Business Item 5.1 Recommend approval of the amendments to the Clearwater Downtown Redevelopment Plan repealing and replacing Chapters 1-3 which update goals, objectives and policies; increase density and intensity and revise height; modify Character District boundaries; expand the Old Bay Character District boundaries northward and authorize the appropriate officials to execute same. The Clearwater Downtown Redevelopment Plan serves as a Special Area Plan for the Downtown Planning Area and as a Community Redevelopment Plan for the Community Redevelopment Area. Since the adoption of the Plan many changes have occurred in the Downtown; however, there continues to be a lack of commercial development, erosion of neighborhood character, and limited new housing development. This update is primarily focused on the land use components of the Plan, with additional updates to incorporate current data. Chapter 4, Implementation Plan, is not being amended at this time; however, it is incorporated into the updated document and reformatted to be consistent with the Plan as a whole. Chapter 4 is anticipated to be updated concurrently with the 15-year review of the Community Redevelopment Area Plan by Pinellas County in 2018. The Planning and Development Department is recommending amendments to the Clearwater Downtown Redevelopment Plan to increase development potential, support preservation of neighborhood character, eliminate the need for lot consolidation in certain Districts, support a variety of housing types, and encourage a multimodal Downtown. Ordinance No. 9103-18 proposes to: •Reaffirm and update the Vision, Guiding Principles, Goals, Objectives and Policies; •Expand the Old Bay Character District boundary and subsequently the Downtown Planning Area boundary; •Consolidate two Character District boundaries into one; •Increase intensity and density throughout; •Revise maximum permitted height to provide for transitions and consistency between standards and policy; •Revise Character District policies; •Incorporate the visions of recently completed supporting documents including Imagine Clearwater, North Marina Area Master Plan, Clearwater Comprehensive Boating Plan, and East Gateway District Vision Plan; •Add density specific to overnight accommodations functioning as bed and breakfasts in the Old Bay and Prospect Lake Character Districts; and •Remove the Design Guidelines. Draft Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 5 City of Clearwater Senior Planner Ella Crandall provided a PowerPoint presentation. Trustee Jonson departed chambers at 2:03 p.m. and returned at 2:10 p.m. In response to questions, Planning and Development Director Michael Delk said staff is aware of the density and height concerns raised by the property owner in the Old Bay District; staff met with the individual and did not concur that the district boundary should be expanded at this time. Mr. Delk said the property owner wanted to expand the proposed boundary line to include other parcels he owns. Staff believes he has flexibility to do develop the sites but not to the extent he may wish. Planning Manager Lauren Matzke said the property owner could potentially be able to build a hotel under the current commercial district zoning; once the site is incorporated into the Downtown, the property owner will no longer be able to build a hotel. Mr. Delk said the property owner owns a parcel that was separated by a right-of-way to the east that he could tie together with a site plan via a unity of title and with density averaging, most of what the property owner wishes to pursue can be done. Ms. Matzke said he owns two parcels on the north side, under Cedar Street, that are proposed to be incorporated into the Old Bay Character District. The individual also owns a parcel north of the North Marina Master Plan boundary. Ms. Crandall said there is a specific area in the Old Bay District where a hotel can be located; bed and breakfasts can be located throughout. Mr. Delk said the character of the Old Bay district continues to be primarily retail and residential low scale; staff made the accommodation for the hotel on the waterfront in an attempt to de-industrialize the Seminole Boat Ramp area. Hotels have not been allowed there in the past and the proposed plan does not change that. Ms. Crandall said a hotel is allowed in the existing commercial district. The minimum standard use in the commercial district has a maximum height of 25 ft. or 30 ft.; additional height may be available through the flexible standard development or flexible development processes. Mr. Delk said the practice is to front like uses on the front street; the property owner is looking at a 30-40 room hotel. Staff was directed to meet with Trustee Caudell to review the typographical errors needing correction. Trustee Cundiff moved to recommend approval of the amendments to the Clearwater Downtown Redevelopment Plan repealing and replacing Chapters 1-3 which update goals, objectives and policies; increase density and intensity and revise height; modify Character District boundaries; expand the Old Bay Character District Draft Community Redevelopment Agency Meeting Minutes February 12, 2018 Page 6 City of Clearwater boundaries northward and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6. Adjourn The meeting adjourned at 2:33 p.m. Chair Community Redevelopment Agency Attest City Clerk Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4350 Agenda Date: 3/12/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a not to exceed amount of $55,000 for streetscape improvements in the CRA constructed by 400 Cleveland Street, LLC and authorize the appropriate officials to execute same. SUMMARY: The Developer is requesting funding in a not to exceed amount of $55,000 to assist with the cost of pavers for right-of-way improvements. The SkyView is a mixed-use redevelopment project located at 400 Cleveland Street. The project includes 31 residential units and 6,500 square feet of restaurant space. The site is located within the Clearwater Downtown Redevelopment Plan (CDRP) area, the intent of which is to provide a flexible framework for the redevelopment of Downtown into a place that attracts people to live, work, shop and play. Use of CRA funds is supported by certain Goals, Policies and Objectives of the CDRP as well as the ULI Advisory Services Panel Report (Clearwater Florida: A New Vision for Downtown) and the Imagine Clearwater Plan (Imagine Clearwater: A Community Vision for the Downtown Clearwater Waterfront). As part of the SkyView mixed use redevelopment, the right-of-way improvements will aesthetically enhance the area, provide connection between the existing Cleveland Street Streetscape, Osceola Avenue and Laura Street enhancing the pedestrian experience. APPROPRIATION CODE AND AMOUNT: Funding to be provided by CRA funding code 388-94893 - CRA Opportunity Fund. Page 1 City of Clearwater Printed on 3/1/2018 WM WM WM WM WM WM WM WM WM WM WM WM WM WM WM WMWMWMWMWMWMWMWMWMWM WMWMWMWMWMWMF.F. ELEV. = 32.52'±PROPOSED BUILDING RENOVATION 118,000 S.F.?NORTHSIDEWALK PAVER STUDY400 CLEVELAND STREETSeptember 8, 2016 1 CLEARWATER COMMUNITY REDEVELOPMENT AGENCY FUNDING AGREEMENT The SkyView Development Right-of-Way Improvements This Funding Agreement is made and entered into this _______ day of __________, 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 31 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 walkability 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 2 and the approximately 260 feet of frontage along North Osceola Avenue and a portion of Laura Street as illustrated in the attached Exhibits A1 and A2; 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 not to exceed $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 Immunity. 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. 3 ARTICLE III. RESPONSIBILITIES OF THE CRA 1)Funding. The CRA agrees to reimburse an amount not to exceed $55,000 for the cost of pavers in the city right-of-way as shown in the attached Exhibits A1 and A2. 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 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: Moises Agami, Owner 400 Cleveland, LLC 400 Cleveland St. Clearwater, FL 33756 2) If to CRA, addressed to: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 4 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 _______ day of ___________, 2018. Countersigned:Community Redevelopment Agency _______________________________________________________________ George N. Cretekos Amanda Thompson Chairman Director Approved as to form:Attest: _______________________________________________________________ Pamela Akin Rosemarie Call City Attorney City Clerk 400 CLEVELAND, LLC By: _______________________________ Moises Agami Owner Attest: __________________________________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4347 Agenda Date: 3/12/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a Business Lease Contract between the Clearwater Redevelopment Agency and the Clearwater Community Gardens, Inc. for a community garden at 1273 Grove Street, 1277 Grove Street, and 20 North Betty Lane to establish a new lessee for the community garden and authorize the appropriate officials to execute same. SUMMARY: The purpose of this request is to enter into a lease with Clearwater Community Gardens, Inc. for a period of one year with a one-year renewal period. The Clearwater Garden Club and the Clearwater Redevelopment Agency entered into a three-year lease in 2015 for a community garden in the Downtown Gateway neighborhood. The Clearwater Community Garden group established and has maintained the community garden on Grove Street since April 2015. The Clearwater Community Garden group has now formed their own 501c3, the Clearwater Community Gardens, Inc. and has requested to enter into a new lease with the CRA to serve as the lessee overseeing the community garden property. Staff is recommending approval of the new lease for one year with a one-year renewal. Page 1 City of Clearwater Printed on 3/1/2018 BUSINESS LEASE CONTRACT THIS BUSINESS LEASE CONTRACT, entered into this ___ day of _______________, 2018, (“Effective Date”) between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA,a public body corporate and politic of the State of Florida, having its principal place of business at 112 South Osceola Avenue, Clearwater, Florida 33756, as Lessor, and the CLEARWATER COMMUNITY GARDENS, INC.,a Florida non-profit corporation, having it principal place of business at 1277 Grove St., Clearwater, Florida 33755, as Lessee (each individually referred to herein as “Party” or collectively as the “Parties”). W I T N E S S E T H: WHEREAS, Lessor and Lessee desire to improve and strengthen the East Gateway Community of Clearwater; and WHEREAS,“creating more green space and recreational facilities” in the East Gateway is one of the action items of the East Gateway Five-Year Action Program for FY 2012-2017; and WHEREAS,a community garden is a proven community building tool; and WHEREAS, a community garden develops healthy lifestyle habits; and WHEREAS,property described herein was purchased by Lessor for the purpose of facilitating an economic development project; and WHEREAS,until such time as a viable redevelopment project is planned for the property described herein, the Parties agree that said property is an appropriate site for a community garden. NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: That Lessor does lease and Lessee agrees to lease the following premises: Pinellas County Parcel ID Nos.15/29/15/58788/000/0280 15/29/15/58788/000/0290 15/29/15/58788/000/0310 all being more specifically described as follows: Lots 28, 29, 30 and 31, Re-Subdivision Lots 11, 12, 13, 14 & 15 Padgett’s Estate, according to the map or plat thereof, as recorded in Plat Book 12, Page 24, Public Records of Pinellas County, Florida See Exhibit “A”, attached hereto and incorporated herein. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 2 Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised Premises" or the "Leased Property." 1.LEASE TERM This Lease shall commence upon the execution hereof by all parties hereto (herein, the “Effective Date”) and shall continue in full force and effect for one (1) year (herein called the “Initial Term”) unless terminated as provided for herein. Upon mutual agreement of the Parties, this Lease may be extended annually for one one (1) year period. Any extended term or terms, collectively, are hereinafter referred to as the “Extended Term”. No such renewal or extension shall be deemed a waiver by Lessor of any uncured breach or uncured default which may then exist. The Extended Term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement. Failure to apply any annual extension as provided for in this paragraph shall result in this Lease terminating at the conclusion of the then current term. The Lessee shall request the option for an Extended Term by notifying the Lessor in writing at least thirty (30) calendar days prior to the expiration of the then current term. Upon Lessor’s approval of such request, this Lease shall be deemed to be extended for a period of one (1) year without the execution of any further lease or other instrument. CRA Executive Director’s approval shall be sufficient for purposes of Lessor’s consent to any extension. 2.RENT The Lessee agrees to pay, and the Lessor agrees to accept as rent during the term of this lease the sum of One and 00/100 Dollars ($1.00) annually, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 3.USE OF PREMISES The Leased Premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: the Leased Premises shall be used as a community garden allowing community residents permitted by Lessee to grow and produce horticultural plants for their consumption and enjoyment and for the consumption and enjoyment by friends and relatives on a not-for-profit basis under the direction of Lessee. Such use is intended to facilitate and promote community building. 4.UTILITIES Unless otherwise provided for herein, water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. Prior to any installation of utilities on site (i.e. irrigation), CRA Executive Director must review and approve the location of the lines. 5.TAXES AND ASSESSMENTS If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Lessee’s use of the Leased Property during the term of this lease, the Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice from the Lessor. In the event the Lessee Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 3 fails to pay all such taxes assessed or levied on the Property within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor together with any interest, calculated at the maximum rate allowed by law, and any administrative costs incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material default of this Lease. 6.MAINTENANCE The Parties recognize that the Leased Property is vacant land with no structural improvements thereon. Lessee shall, at its own expense, maintain the Leased Premises in orderly, neat and safe condition. No trash or debris should be stored or allowed to remain on the property. Tools and supplies shall be secured in storage units or removed from the Leased Premises daily. Vegetative material (e.g. compost), additional dirt for distribution and other bulk supplies shall be stored to the rear center of the property as indicated on Exhibit “A”, shall be kept in a neat and orderly fashion and shall not create a visual blight or produce offensive odors. Power tools (e.g. mowers, tillers) shall be stored at the rear of the property, secured in storage units or be removed from the property when not in use. The community garden shall be designed and maintained to prevent any chemical pesticides, fertilizer or other garden waste from draining off of the property. Pesticides and fertilizers may only be stored on the property in a locked storage unit and must comply with any applicable requirements for hazardous materials. Lessee shall install and maintain a fence along the south boundary of the Leased Property; such fencing shall be in accordance with applicable law. 7.HOURS OF OPERATIONS AND NOISE LIMITATIONS No gardening activities shall take place before sunrise or after sunset. Garden hours and Lessee’s contact information shall be conspicuously posted on the property. The use of hand tools and domestic gardening tools is encouraged; the use of small power equipment, such as gas-powered tillers and edgers is allowed. Gas-powered equipment which is greater than ten horsepower is prohibited. 8.SALE OF PRODUCE AND HORTICULTURAL PLANTS Lessee covenants that the community garden is not intended to be a commercial enterprise; however, there may be occasions when surplus is available. The produce and horticultural plants grown shall not be sold wholesale nor offered for sale on the Leased Premises except as provided for in this paragraph. Surplus produce and plants may be sold off the premises provided such sale is in accordance with applicable law. Surplus produce and plants may be sold on the Leased Premises during fundraising events upon the prior written approval from the CRA Executive Director, as representative of the Lessor. 9.OBSERVANCE OF LAWS AND ORDINANCES Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Leased Premises. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 4 10. ASSIGNMENT OR SUBLEASE This Lease is not assignable; any attempt to assign this Lease shall nullify and void this Lease in total. Lessee shall not, without first obtaining the written consent of Lessor, mortgage, pledge, sublet or encumber this Lease, in whole or in part with the following exception: Lessee shall not sublet the Leased Premises in whole; however, Lessee may sublet portions of the premises to provide for use of individual garden plots within the community garden. Such subleases shall be subject to all provisions of this Lease and shall require a written waiver of liability in favor of Lessor, which shall be provided to Lessor in advance of occupancy or use of the Leased Premises. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this Lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, subject to the exception expressly provided for above, resulting in Lessee’s default hereunder, or if this Lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 11. ALTERATIONS AND IMPROVEMENTS Lessee may not make any structural improvements, however may make minor improvements consistent with operation and management of a community garden. Minor improvements (herein, “Improvements”) may include but may not be limited to garden boxes, irrigation facilities, water spigots, fencing and lockable storage units. Any Improvements installed on the Leased Property shall be installed and maintained at Lessee’s sole cost and expense. Allowable Improvements shall not include permanent or temporary bathroom facilities. Lessee’s design plans shall be in accordance with applicable law and pre-approved by Lessor including the location of Improvements and proposed garden plots. More specifically, a proposed site plan will be provided to the CRA Executive Director for review and approval prior to the Lessee applying for a community garden permit through the proper departments of the City of Clearwater, as required. At the expiration or termination of this Lease, all Improvements shall be completely removed, and the premises shall be restored to an equivalent condition as existed at the time of the execution of this agreement. Lessee shall have no power or authority to permit mechanics’ or materialmen's liens to be placed upon the Leased Property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 12. RISK OF LOSS Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 5 All personal property placed, or the premises shall be at the risk of the Lessee or owner thereof. Lessee acknowledges that Lessor will not insure Lessee’s personal property or Improvements on the Leased Property. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 13.PARKING Parking is not allowed on the Leased Property at any time; however, parking is available along local streets where such parking is in accordance with applicable law. 14.RIGHT OF ENTRY The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of its maintenance responsibilities as heretofore provided, all costs and charges shall be deemed additional rent for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement or applicable law. 15.RESTORING PREMISES TO ORIGINAL CONDITION Lessee acknowledges and represents that the Leased Property is vacant land and that Lessor has no obligation to improve the premises. Lessee’s occupancy of the Leased Premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this Lease and agrees to maintain said premises for activities authorized herein, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. 16. INSURANCE The Lessee shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the CRA/City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the CRA/City has the right to review Lessee’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the Lessee must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 6 injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, if any. c. If the Lessee is using its own property or the property of City in connection with the performance of its obligations under this Lessee, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is recommended. Lessee understands the CRA/City is not responsible for lost or damaged property and equipment. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Lease remains in effect, the Lessee will furnish the CRA/City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the CRA/City as an “Additional Insured.” In addition, when requested in writing from the CRA/City, Lessee will provide the CRA/City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: CRA/City of Clearwater Attn: Purchasing Department P.O. Box 4748 Clearwater, FL 33758-4748 b. Lessee shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. d. Lessee reserves the right to appoint legal counsel to provide for the Lessee’s defense, for any and all claims that may arise related to Agreement, work performed under this Lease, or to Lessee’s design, equipment, or service. Lessee agrees that the CRA/City shall not be liable to reimburse Lessee for any legal fees or costs as a result of Lessee providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the CRA/City, and failure by the CRA/City to request evidence of this insurance shall not be construed as a waiver of Lessee’s obligation to provide the insurance coverage specified. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 7 17.Radon Gas Notification, as required by Florida Statute 404.056(5) is to be inserted in all contracts for sale, purchase or rental of real property. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 18. DESTRUCTION OF PREMISES In the event that Improvements to the Leased Property made by Lessee should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, the Lessor shall have no obligation whatsoever to repair or rebuild the Premises. Lessee may either terminate the Lease or undertake to rebuild or repair the Improvements at Lessee’s expense, in Lessee’s sole discretion. Lessee may terminate the Lease from the date of occurrence of such event through the remainder of the term. All provisions of this Lease expressly intended to survive such termination shall survive termination. 19. EMINENT DOMAIN If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the Leased Premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The Parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 20.SUBORDINATION This Lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 8 21.DEFAULT; REMEDIES; TERMINATION BY LESSOR (a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this Lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this Lease terminated, and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. However, if the default of a covenant is non-monetary and the Lessee has commenced a diligent effort to cure the default, within the fifteen (15) day cure period, then the cure period shall be extended until a cure is made or Lessee discontinues an effort at curing the default. (b) In case the Leased Premises shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this Lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the Leased Property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this Lease and the rent actually received by Lessor from the Leased Property for the balance of said term. (c) Lessor, at its option, may terminate this Lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this Lease. (d) Lessor, at its option, may terminate this Lease in the event the CRA Board determines at a duly constituted CRA Board meeting that the Leased Premises are needed for other municipal purposes and serves Lessee with one (1) month notice of such intended use. Such municipal use shall include, but is not limited to, development of the Leased Property. (e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 9 22.TERMINATION BY LESSEE Lessee may terminate this Lease anytime during the Initial Term or Extended Term of this Lease upon thirty (30) days written notice to Lessor. 23.MISCELLANEOUS (a)Lessor shall have the unrestricted right of assigning this Lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, overnight/express carrier with signature required, hand delivered, or by email to the office of the Lessee, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, overnight/express carrier with signature required, hand delivered or by email to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. No failure to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or any other right, power or remedy. (f) It is hereby understood and agreed that Lessee’s use of signs in connection with the premises hereunder shall be subject to the prior approval of Lessor and shall be in accordance with regulations and ordinances of the City of Clearwater, or other applicable law. (g) It is understood that 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. 24.ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the Lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 10 25. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the Leased Property or appurtenances resulting from the condition, maintenance, construction on or of the occupancy, use and operation of the Leased Property by Lessee; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the Leased Property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the Leased Property. This provision shall survive expiration or termination of this Lease. Such indemnification shall include reasonable attorney’s fees for all proceedings, trials and appeals and shall survive termination of this Lease. 26.“AS IS” CONDITION. Lessee accepts the Leased Premises on an “as is” basis and Lessor shall have no obligation to improve or remodel the Leased Premises. 27. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 28. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the Leased Premises at its expense. 29. SEVERANCE. The invalidity or unenforceability of any portion of this Lease shall in nowise affect the remaining provisions and portions hereof. 30. CAPTIONS. The paragraph captions used throughout this Lease are for the purpose of reference only and are not to be considered in the construction of this Lease or in the interpretation of the rights or obligations of the parties hereto. Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 11 31.NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property. 32. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 33.ATTORNEY’S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 34.GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: CLEARWATER COMMUNITY GARDENS, INC. Attest: __________________________________ By: __________________________________ __________________________________ __________________________________ Print Name Print Name/Title __________________________________ __________________________________ Print Name Business Lease Agreement with Clearwater Clearwater Community Gardens, Inc. 12 AS TO LESSOR: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ___________________________________ George N. Cretekos, Chairperson Approved as to form: Attest: _________________________________ ___________________________________ Laura Lipowski Mahony Rosemarie Call, City Clerk Assistant City Attorney CLEVELAND ST GROVE ST N BETTY LN N LINCOLN AVE N FREDRICA AVE KENWOOD AVE EXHIBIT A Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com COMMUNITY GARDEN LEASE AREA ² N.T.S.Scale: 1273 Grove Street1277 Grove Street20 N Betty Lane REAR JB TM 02/27/18 Map Gen By:Reviewed By: Date: Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Tom Mahony\CRA agenda item map.mxd