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07/16/2018Monday, July 16, 2018 1:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Community Redevelopment Agency Meeting Agenda July 16, 2018Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the June 4, 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 the Release of Reservation for the purpose of discharging certain rights retained by the Community Redevelopment Agency in previously owned land lying in the Northwest quarter of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida in favor of Prospect Park Development, LLC and authorize the appropriate officials to execute same. 4.2 Approve a façade grant for 101 N. Garden Avenue in the amount of $63,540, accept the façade preservation easement and authorize the appropriate officials to execute same. 4.3 Approve Chapter 4 of the Clearwater Redevelopment Plan which serves as the Community Redevelopment Agency’s work plan. 4.4 Discuss the Community Redevelopment Agency’s Anchor Tenant Incentive Program. 4.5 Discuss ClearSky and Pour Yours grant funding requests. 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 7/11/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4741 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 4, 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 7/11/2018 Community Redevelopment Agency Meeting Minutes June 4, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, June 4, 2018 1:00 PM Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes June 4, 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 David Allbritton Also Presen t – William B. Horne II – City Manager, Jil l Silverboard – Deputy City Mana ger, Micah Maxwell – Assistant City Manager, Pamela K. Akin – City Attorney, Rosem ar ie Call – City Clerk, Nicole Spra gue – Offic ial Re cords and Le gis lati ve Ser vices Coordin 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 1:06 p.m. at City Hall. 2. Approval of Minutes 2.1 Approve the minutes of the May 14, 2018 CRA meeting as submitted in written summation by the City Clerk. Trustee Caudell moved to approve the minutes of the May 14, 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 Amend the operating budget for the Community Redevelopment Agency (CRA) for fiscal year 2017-2018, approve budget amendments to the CRA Capital Improvement Project Fund and adopt resolution 18-01. Amendments to the revenues of the Operating Budget reflect a net decrease of $2,146 in Tax Increment Financing (TIF) received for fiscal year 2017-18 based upon final receipts for the TIF proceeds from Pinellas County, the City of Clearwater and the Downtown Development Board. Expenditure amendments reflect a net decrease of $2,146 for the following Draft Community Redevelopment Agency Meeting Minutes June 4, 2018 Page 3 City of Clearwater amendments: •changes to various budget codes to reflect actual expenditures to date, •a decrease of $301 in payments to the DDB to match actual revenues received, •and a net decrease of $1,845 to project transfers to compensate for the net reduction in tax increment financing revenues. Proposed amendments to the CRA Capital Improvement Project Fund reflect a net increase of $70,620. Amendments include: 1.94714 - Downtown Redevelopment - a net increase of $1,067,020.37 reflecting the following amendments: 1) an increase of $1,072,465 representing prior year excess cash to bring the budget in line with actual cash received in the project; 2) a budget decrease of $3,236 in City tax increment receipts; and 3) a transfer of $2,209 to 388-94862, Car Pro Site for another year of environmental monitoring. 2.94849 - Downtown Redevelopment - a net decrease of $1,263,609 representing the following amendments: 1) a transfer of $1,000,000 from 388-94849, Downtown Gateway, to ENGF180001, Downtown Streetscaping, for the funding of Cleveland Streetscape Phase III as noted in the conceptual plan for Cleveland Streetscape Phase III and the Festival Plaza approved by Council on January 19, 2017; 2) a budget increase of $1,391 in County tax increment receipts; and 3) a transfer of $265,000 to 388-94897, Pierce St/Washington Ave Property Acquisition. 3.94852 - Retail Attraction / Assistance (CLOSE PROJECT) - a decrease of $21,837.18 representing a transfer to 388-94862, Car Pro Site. 4.94862 - Car Pro Site - an increase of $24,046.18 representing transfers of $21,837 from 388-94852, Retail Attraction/Assistance; and $2,209 from 388-94714, Downtown Redevelopment. 5.94897 - Pierce St./Washington Ave Property Acquisition - To establish the project and record a budget increase $265,000 representing the following transfers: 1) $255,800 from 388-94849, Downtown Gateway as approved by CRA on October 16, 2017 (agenda item #17-3921); $1,500 from 388-94849 Downtown Gateway as approved by CRA on December 4, 2017 (agenda item #17-4064); and $7,700 from 388-94849 to provide funding for property maintenance. Trustee Cundiff moved to amend the operating budget for the Community Redevelopment Agency (CRA) for fiscal year 2017-2018, approve budget amendments to the CRA Capital Improvement Project Fund. The motion was duly seconded and carried unanimously. Resolution 18-01 was presented and read by title only. Trustee Draft Community Redevelopment Agency Meeting Minutes June 4, 2018 Page 4 City of Clearwater Hamilton moved to adopt Resolution 18-01. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Chair Cretekos, Trustee Caudell, Trustee Cundiff, Trustee Hamilton and Trustee Allbritton 5. Director's Report CRA Executive Director Amanda Thompson said several calls for proposals will be published by the Trustees' July meeting. Staff is seeking proposals for mural artists at five identified sites in Downtown . RFP’s will be issued for the Second Century Studio space for pop-up retail businesses and art exhibitions, and for housing at Cleveland Street and south of MLK. She said the parking study will be underway shortly; staff is partnering with the Engineering Department. The Downtown Development Board held their strategic planning retreat at Collaborative Labs; they have identified their top three items: leveraging Imagine Clearwater, fast tracked permitting process and leveraging high-tech businesses not currently located in Downtown. Ms. Thompson said she will be restructuring the department so that it focuses more on public relations, communications and programming. She will be bringing forward changes to the Anchor Tenant Program in July for the Trustees' consideration. 6. Adjourn The meeting adjourned at 1:12 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#18-4747 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the Release of Reservation for the purpose of discharging certain rights retained by the Community Redevelopment Agency in previously owned land lying in the Northwest quarter of Section 15, Township 29 South, Range 15 East, Pinellas County, Florida in favor of Prospect Park Development, LLC and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater (City) transferred ownership of certain real property to the Community Redevelopment Agency of the City of Clearwater (CRA) on August 7, 2014. This property was then conveyed by deed from the CRA to Prospect Park Development, LLC for the construction of The Nolen Apartments. Florida Statutes Section 270.11 provides for a reservation of certain underlying phosphate, mineral, metal and petroleum rights to the CRA when conveying real property. In the deed from the City to the CRA, the CRA did not release its interest in all mineral rights, in on or under the surface of the land. Prospect Park Development, LLC, is intending to re-finance their construction loan for the construction of The Nolen Apartments. Their lender has raised concern over the CRA’s retention of these mineral rights in the deed and has requested the release of the reservation as a condition of financing. This Release of Reservation will release, relinquish and disclaim all of the CRA’s right, title or interest in all minerals along with the right to enter upon the property for purposes related to this reservation of mineral rights. Page 1 City of Clearwater Printed on 7/11/2018 1 This instrument was prepared by and should be returned to Will Conroy, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 333 Third Avenue, Suite 200 St. Petersburg, FL 33701 Parcel Identification No. 15-29-15-60290-000-0010 _______________________________________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDING DATA) RELEASE OF RESERVATION KNOW ALL MEN BY THESE PRESENTS: THAT, the COMMUNITY REDEVELOPMENT AGENCY, also known as THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a body politic and corporate of the State of Florida created pursuant to Part III, Ch. 163 Fla. Stat., (collectively "Releasor"), whose address is 112 S. Osceola Avenue, Clearwater, FL 33756, the owner and holder of that certain reservation of an undivided three-quarter interest in and to all phosphates, minerals and metals, together with an undivided one-half interest in and to all petroleum, in, on or under the surface of the real property ("Property") described in that certain Special Warranty Deed (the "Deed") recorded in O.R. Book 18574, Page 437, of the Public Records of Pinellas County, Florida; for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, relinquish and disclaim all of its right, title or interest in the phosphates, minerals, metals, petroleum or any other rights reserved to the Releaser by virtue of Florida Statutes Section 270.11(collectively, the "Reservation"), in connection with the recordation of the Deed. This release includes but is not limited to the release of any right to enter upon or use the lands described in the Deed for purposes related to the Reservation, including exploration, production, transportation, removal or any other purpose associated with the Reservation as set forth in said Section 270.11. This release includes but is not limited to the release, relinquishment and waiver of all rights associated with the Reservation, both surface and subsurface, including ingress, egress, exploration, drilling and mining. Further, the Releaser does hereby release and relinquish any right arising solely out of said Reservation to require the owner of the Property to remove any improvements located thereon, including by way of illustration, any building, shed, pool, patio, deck, fence, or any other structure, improvement or fixture situated upon the Property. This Release is made upon petition of the purchaser for such interest, at the discretion of the Releasor, for the purpose of allowing the Grantee under the Deed, and its successors or assigns, to develop and improve the Property without risk of drilling, mining, or exploration upon the Property in violation of the Reservation. 2 IN WITNESS WHEREOF, the undersigned as executed this Release this _______ day of __________________, 2018. WITNESSES:COMMUNITY REDEVELOPMENT AGENCY, also known as THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA ______________________________ (signature) Name: ________________________ By: _______________________________________ _______________________________Print Name: ___________________________ (signature)Its:___________________________________ Name: ________________________ WITNESSES to ATTEST: _______________________________ (signature) ATTEST: ___________________________________ Name: ________________________ Print Name: _________________________________ Title: ______________________________________ _______________________________ (signature) Name: ________________________REVIEWED AND APPROVED: By: ________________________________ Print Name: _________________________ STATE OF FLORIDA ) COUNTY OF _________________ ) The foregoing instrument was acknowledged before me this ______ day of___________, 2018 by ________________________ as ________________ and ________________________ as ________________ both of the Community Redevelopment Agency, also known as the Community Redevelopment Agency of the City of Clearwater, Florida, a body politic and corporate of the State of Florida created pursuant to Part III, Ch. 163 Fla. Stat. They are [] personally known to me or [] have produced _________ as identification. _______________________________________ Notary Public Print name: ______________________ My commission expires: L1N 89° 57' 44" W21.42'L2S 00° 17' 21" W25.71'Point of BeginningLineDirectionLengthL3N 53° 04' 15" W27.08'L4S 23° 09' 10" E4.77'Point of CommencementSE Corner of Parcel 64 (P-64)"Mediterranean Village in the Park"Plat Book 125, Page 44-46N 89° 39' 04" W 386.83'L1L2 S 00° 04' 00" W 80.50'S 89° 39' 04" E150.00'S 00° 04' 00" W 119.20'S 89° 39' 04" E139.15'S 00° 17' 21" W 91.53'L9L3S 89° 42' 36" E76.33'L5L6L7L8L9N 15° 56' 32" W 122.03'N 05° 34' 56" W 61.39'N 29° 12' 41" W 115.70'S 89° 42' 36" E63.71'N 66° 50' 50" E10.99'S 89° 42' 36" E4.30'S 23° 09' 10" E32.70'N 00° 17' 24" E26.04'S 89° 42' 36" E46.67'L6L5L4L7L8Prospect LakeProposed Prospect Lake DevelopmentPreviously Vacated Right-of-WayPreviously Vacated Right-of-Way Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4775 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a façade grant for 101 N. Garden Avenue in the amount of $63,540, accept the façade preservation easement and authorize the appropriate officials to execute same. SUMMARY: The Community Redevelopment Agency trustees approved amendments to the Façade Improvement Grant program in April 2018. The amendments created a new scoring system and the potential for greater investment from the CRA to incentivize renovation of commercial properties in downtown. Façade improvements further the goal of the Downtown Redevelopment Plan to create a high quality public realm. Eligible improvements are cosmetic and structural changes to the front wall of a building including brick restoration, lighting, entryways, windows, public art and signage that is attached to the façade. Routine maintenance is not eligible for grant funding, nor improvements on facades that are not adjacent to the public right of way. All improvements must be compatible with the City’s zoning and design regulations. 101 N. Garden Avenue is the location of the former City of Clearwater Police and Fire stations. It was purchased by Zaniboni Architectural Lighting in November 2016. The owner plans to fully restore the historic brick building and pay tribute to the original occupants by displaying public safety memorabilia from the mid-1900’s. The owner has already expended $163,500 to remove stucco around the entire exterior of the building and replace a few windows. The owner has requested a façade grant to offset the costs of the remaining work including new exterior doors, brick restoration, landscaping and exterior lighting. The total cost of the remaining exterior improvements is $158,850. The proposed project received 90 points (out of 100 total points) as part of the grant application review. This score is eligible for a 40% match of the total cost of the project or $63,540. In addition to matching the CRA’s financial investment, the owner must grant a conservation easement to preserve and maintain the façade for a minimum of five years. CRA staff recommends funding at the full 40% match and acceptance of the conservation easement. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA project 3887552-99979. Façade Improvement Program Page 1 City of Clearwater Printed on 7/11/2018 Page 1 of 12 AGREEMENT FOR FACADE IMPROVEMENTS THIS AGREEMENT for Façade Construction, Maintenance and Reimbursement is made by and between the Clearwater Community Redevelopment Agency, a public body corporate and politic of the State of Florida (“CRA” or “AGENCY”) and Zaniboni Lighting (“APPLICANT”). WHEREAS, APPLICANT is the tenant of certain real property within the CRA Redevelopment Area as described below; and WHEREAS, APPLICANT desires to improve the façade of buildings/structures further described herein, located at 101 N. Garden Ave., as described in Exhibit A hereto and by this reference incorporated herein. WHEREAS,the AGENCY was created as a public body corporate and politic for the purpose of, among others, carrying out the community redevelopment purposes of the Community Redevelopment Act contained in Ch. 163, Part III, Florida Statutes; and WHEREAS,the Act authorizes the AGENCY to provide maximum opportunities for the rehabilitation and redevelopment of property within a Community Redevelopment Area by private enterprise; and WHEREAS,the AGENCY agrees to provide incentives in the form of partial reimbursement for eligible expenses incurred in completing the Project, pursuant to the terms of this Agreement; and NOW, THEREFORE,in consideration of the premises and of the mutual covenants herein contained, and such other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. RECITALS and DEFINITIONS. 1.01 The foregoing recitals are true and correct and are incorporated into and made a part of this Agreement as if fully set forth herein. 1.02 The terms used in this Agreement shall have the following meanings: “Act” means the Community Redevelopment Act of 1969, as amended, codified as Part III, Chapter 163, Florida Statutes. “Agreement” means this Agreement for Façade Improvements, including any attached Exhibits, and any revisions. “Applicant” means the party that submitted the Application that was approved by the CRA. The Applicant may be the Owner or a Tenant of the Property. “City” means the City of Clearwater, Florida, a municipal corporation. Page 2 of 12 “Application” means the application for assistance pursuant to the Façade Improvement Program as submitted by the Owner, or by the Tenant with Owner’s consent, on April 20, 2018 and approved by the CRA Director, with or without modification, on _________, a copy of which is on file in the office of the CRA Director. “Actual Incentives” means the total amount the AGENCY reimburses the APPLICANT. “Commencement Date” means the date on which the Application was approved. “Completion Date” means the date on which the CRA approves the Project as being constructed consistent with the Project Plans. “Façade Design Services Program” means the Façade Improvement Program Guidelines as approved by the CRA, under which the Project is being funded. The Program Guidelines adopted in the 2018 Downtown Redevelopment Plan are made a part hereof by reference. “Financial Incentive Program” means the Façade Improvement Program Guidelines as approved by the CRA, under which the Project is being funded. The Program Guidelines adopted in the 2018 Downtown Redevelopment Plan are made a part hereof by reference. “Force Majeure” means conditions beyond the reasonable control of OWNER that will excuse OWNER’s untimely performance, as further described in Section 2.03. “Owner” means the person or entity holding title to the real property and building upon which the Façade improvements are to be constructed. “Project Plans” means the plans and specifications for the Project, consistent with the approved Application and submitted by the APPLICANT to the CRA Director prior to execution of this Agreement, including any changes or additions approved or required by the CRA. “Project” means design,construction and maintenance of the Façade Improvements in accordance with the Application and the Project Plans, including the constructing and equipping thereon of other improvements appurtenant thereto with no unapproved Substantial Changes thereto. “Project Site” or “Property” means the property described in Exhibit “A” attached hereto and by this reference made a part hereof. “Substantial Changes” as determined at the sole discretion of the AGENCY, means any substantial deletions from, or additions to, the exterior appearance of the structures and buildings, as described in the Project Plans (a copy of which are filed in the AGENCY Page 3 of 12 Manager’s office), or any diminution in the quality and quantity of the specific improvements described in the Project Plans. ARTICLE 2. CONSTRUCTION/ REIMBURSEMENT AND MAINTENANCE. 2.01. The Project shall be constructed as described in the Project Plans, without unapproved Substantial Changes. There shall be no unapproved Substantial Changes for a period of five (5) years after the Completion Date, whether such occur by design, neglect, casualty or otherwise, except as provided in Section 2.04(a). 2.02. The APPLICANT and AGENCY acknowledge that in order to promote redevelopment and to encourage and make the Project financially feasible, the AGENCY is committing funding to improve and maintain the Façade on the Project Site. The AGENCY agrees that within 30 days after the Completion Date it will provide the funding by way of partial reimbursement (50% of cost) for actual documented costs, up to the indicated amounts listed below. Only those eligible improvements described in the Façade Improvement Incentive Program are eligible for reimbursement. The APPLICANT understands that if the actual cost is less than listed below, only 50% of the actual cost will be reimbursed. The APPLICANT will be eligible for a maximum reimbursement of up to $63,540 for the Project. The APPLICANT must match incentive funds dollar-for-dollar; the match shall be of cash value for goods and/or services. Labor charges for work performed by APPLICANT or OWNER (if different from APPLICANT will not be eligible for reimbursement. 2.03. Construction. Once this Agreement is executed, significant, ongoing progress must be demonstrated in order to maintain eligibility for reimbursement. Grant funds allocated to the Project will revert back to the Redevelopment Area’s façade grant fund and the Façade Reimbursement Agreement will terminate, if the APPLICANT fails to make progress towards completion according to a work schedule agreed upon in conjunction with this Agreement, and on file in the CRA Director’s Office. APPLICANT is responsible for obtaining or having obtained all required building permits for the work undertaken and must have a current business license throughout the Project. 2.04. OWNER (if different from APPLICANT) agrees that façade/improvements made using these funds will stay in place a minimum of five years. To this effect, prior to receiving reimbursement, the OWNER shall execute and record a façade preservation easement, in substantially the same form as Exhibit B, attached hereto. If the façade/improvements are replaced or not maintained in completed condition, normal wear and tear excepted, within five years of façade project completion, the APPLICANT and OWNER (if different from APPLICANT) must repay a portion of the reimbursement paid. As a recorded easement running with the land, the same requirement shall be in effect if the ownership is transferred within five years of façade project completion and as such shall be binding on the successor in interest. Exceptions: Page 4 of 12 a.The improvement has been damaged beyond repair (i.e. broken awning) and the improvement has been replaced with one of comparable appearance and quality. b.The improvement was replaced for the purpose of further renovation that will enhance the Project, as determined in the sole discretion of the CRA Director or designee. 2.05. Subordinate to AGENCY Debt. The reimbursement obligation shall be subordinate in all respects to all debt service obligations of the AGENCY under bonds or other forms of debt currently outstanding or to be issued in the future, which pledge tax increment revenues on deposit in the Redevelopment Trust Fund for the CRA. The obligations of the AGENCY as to any funding required pursuant to this Agreement shall be limited by an obligation in any given fiscal year to budget and appropriate from legally available sums in its Redevelopment Trust Fund, pursuant to the requirements of § 163.387, Florida Statutes, the funding that is required during that fiscal year. The AGENCY shall not be prohibited from pledging any legally available revenues in its Redevelopment Trust Fund for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the AGENCY pursuant to this Agreement. ARTICLE 3. PROJECT PLANS. 3.01. The AGENCY is not responsible for any error or omission in the Project Plans or failure of the Project Plans to comply with any building, zoning, or other regulations of the CITY or other regulatory agency. 3.02. If Substantial Changes are proposed by the APPLICANT to the Project Plans, they shall be resubmitted to the CRA Director or designee. The CRA Director or designee shall review the amended Project Plans within 5 business days of receipt. If the CRA Director or designee determines that the amended Project Plans do not meet the requirements of the Program or this Agreement, the CRA Director or designee shall so notify the APPLICANT within three business days of such determination. Upon receipt of such notification, the APPLICANT shall have 15 calendar days to amend the Project Plans accordingly and resubmit them to the CRA Director or designee. 3.03. If any Substantial Changes are required to be made to the Project Plans during the construction of the Project, the amended Project Plans shall be submitted to the CRA Director or designee prior to the commencement of the construction of the changes. The CRA Director or designee shall review the amendments for conformance with the requirements of the Program or this Agreement as described in the above paragraph. ARTICLE 4. INDEMNIFICATION. 4.01. In consideration of the AGENCY granting incentives pursuant to this Agreement to APPLICANT in connection with the development of the Project, the APPLICANT and the Page 5 of 12 OWNER (if different from the APPLICANT) shall indemnify and hold harmless the AGENCY, its agents, elected and appointed officers, attorneys and employees from all suits, actions, claims, demands, damages of every kind and description to which the AGENCY, or their agents, officers, attorneys or employees may be held liable by a court of competent jurisdiction by reason of injury to persons or death or property damage, resulting from or growing out of any negligence, error, omission or fault of the APPLICANT and the OWNER (if different from the APPLICANT), and their respective agents or employees, or its contractors or subcontractors occurring in connection with (i) any building, construction, installation or development work, service or operation being undertaken or performed in, on or over the Project Site, or (ii) any uses, occupancy, maintenance, repair and improvements, or operation of the Project Site. Provided, however, that the indemnification provided in and contemplated by this section shall not be applicable to the extent that a decision or judgment of a court of competent jurisdiction holds that any injury to persons or death or property damage was solely attributable to acts of negligence or fault of the AGENCY, or their agents, officers, attorneys or employees. 4.02. Nothing in this Agreement shall be interpreted or construed as a waiver of the AGENCY’S sovereign immunity set forth in section 768.28, Florida Statutes. 4.03. No recourse shall be had for any damages or claims based upon any representation, obligations, covenant or agreement in this Agreement against any past, present or future officer, member, legal counsel, employee, director or agent, as such, of the AGENCY, either directly or through the AGENCY or respectively, any successor public or private corporation thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, legal counsels, employees, directors or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of the Agreement. 4.04. This Article shall survive the Completion Date of the Project and shall remain in full force and effect until all obligations and requirements under this Agreement have been completed. ARTICLE 5. RESERVED. ARTICLE 6. REPRESENTATION, WARRANTIES AND COVENANTS OF OWNER 6.01. The APPLICANT represents and warrants to the AGENCY that the following statements are true: (a)The APPLICANT is a valid existing entity under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold property and to enter into and perform the obligations of this Page 6 of 12 Agreement and each instrument to which it is or will be a party, and has consented to service of process in the State of Florida. (b)Each document to which the APPLICANT is or will be a party has been duly authorized by all necessary action on the part of, and has been or will be duly executed and delivered by, the APPLICANT, and neither the execution and delivery, nor compliance with the terms and provisions: (i) requires the approval of any other party, except as have been obtained or as are noted herein, (ii) contravenes any law, judgment, governmental rule, regulation or order binding on the APPLICANT, or (iii) results in any default under or creates any lien upon any property of the APPLICANT. (c)Each document to which the APPLICANT is or will be a party constitutes a legal, valid, and binding obligation of the APPLICANT, enforceable against the APPLICANT, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws which affect creditor's rights generally and subject to usual equitable principles if equitable remedies are invoked. (d)There are no pending or threatened actions before any court or administrative agency against the APPLICANT, or against any officer of the APPLICANT that question the validity of any document contemplated herein, or that are likely to materially adversely affect this Agreement or the financial condition of the APPLICANT. (e)The APPLICANT is financially capable of carrying out all obligations in connection with the acquisition, construction and equipping of the Project contemplated by this Agreement. 6.02. The APPLICANT covenants with the AGENCY that: (a)The APPLICANT shall timely fulfill all the conditions herein that are within the control of APPLICANT and are the responsibility of APPLICANT. (b)The APPLICANT shall use its best efforts to accomplish the development of the Project, and will not knowingly violate any laws, ordinances, rules, regulations or orders that are or will be applicable thereto, including the Plan and the Act, nor permit others to do so. ARTICLE 7. DEFAULT; TERMINATION. 7.01. There shall be a default by the APPLICANT if the APPLICANT fails to perform or comply with any material provision of this Agreement. There shall be a default by the AGENCY if the AGENCY fails to perform or comply with any material provision of this Agreement. Page 7 of 12 7.02. Except as provided in the Façade Preservation Easement, attached as Exhibit B, if a default occurs, upon giving 15 days written notice of such default to the defaulting party, and upon expiration of such 15 day notice period if the default has not been cured, the non-defaulting party may terminate this Agreement. In the situation where the non-defaulting party is the APPLICANT, its sole remedy shall be the amount of approved Incentives, less reimbursements already made, provided that Completion has timely occurred prior to default. In the case of a default which also involves a violation of the Façade Easement, the remedies described in the Easement may also be pursued. 7.03. The failure of the AGENCY or APPLICANT to promptly insist upon strict performance of any provision shall not be deemed a waiver of any right or remedy that they may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such provision. 7.04. (a) The undertaking and completion of the Project and performance by the APPLICANT in accordance with the provisions of this Agreement are dependent upon the timely completion and approval of plans, permits and successful financing. In addition to a termination upon a default, this Agreement may be terminated by the APPLICANT or AGENCY if the APPLICANT does not commence construction or obtain a building permit for the Project within three months of the effective date of this Agreement, or complete construction in accordance with the agreed upon schedule. (b) The Agreement may be terminated by the APPLICANT for any reason prior to receiving payment of any Actual Incentives. (c) In the event of a termination pursuant to this Section 7.04, neither the APPLICANT nor AGENCY shall be obligated or liable one to the other in any way, for any claim or matter arising from this Agreement or any actions taken by the APPLICANT or AGENCY thereunder or contemplated hereby. Each party shall be responsible for its own costs. ARTICLE 8. DISPUTE RESOLUTION 8.01. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the alleged breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. 8.02 In the event of any alleged breach arising out of or relating to this Agreement, that is not resolved in accordance with 8.01 above, the matter may be entered by either party in any court having jurisdiction thereof. In any litigation, including breach, enforcement or interpretation, arising out of this Agreement, the prevailing party in such litigation, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. ARTICLE 9. ANTIDISCRIMINATION. Page 8 of 12 The APPLICANT agrees there shall be no discrimination against or segregation of any person, or group of persons, on account of age, sex, sexual orientation, race, color, marital status, creed, national origin, ancestry or disability in the employment of persons for the construction, sale or lease of any space in the Project. ARTICLE 10. MISCELLANEOUS. 10.01. Assignment. Prior to the Completion Date, the APPLICANT and OWNER (if different from the APPLICANT) may not sell, convey, assign, or otherwise transfer or dispose of any of its rights, title, and interest in the Project, or any duty or obligation of the APPLICANT and OWNER (if different from the APPLICANT) pertaining to the Project, or any part thereof without prior written consent of the AGENCY. The OWNER may mortgage its interest in the Project or Project Site, or any part thereof, to any Mortgagee. The OWNER may enter into leases in the Project in the ordinary course of business. 10.02. Beneficiaries. The Agreement has been entered into for the benefit of the parties and there are no third party beneficiaries. Unless expressly granted in a written instrument executed by the APPLICANT and OWNER (if different from the APPLICANT) and approved by the AGENCY, third parties acquiring any indicia of ownership in the Property or any portion of the Project shall not, by virtue of such acquisition or otherwise, acquire or receive any right, title or interest whatsoever in any of the incentives, payments or benefits to arise or be made by the AGENCY under this Agreement. 10.03. Notices. All notices, demands, requests for approvals, or other communications shall be deemed given and delivered on the date delivered in person or on the date mailed by registered or certified mail, postage prepaid, return receipt requested, and addressed: To the OWNER (if different from the APPLICANT) To the Applicant: 101 N. Garden LLC 101 N. Garden Avenue Clearwater, FL 33755 To the AGENCY:With copy to: Amanda C. Thompson Director CRA Attorney Community Redevelopment Agency Office of the City Attorney City of Clearwater City of Clearwater 112 South Osceola Avenue 112 South Osceola Avenue Clearwater, FL 33756 Clearwater, FL 33756 These addresses may be changed from time to time in writing delivered to the other party. Until written notice is received, a party may rely upon the last address given. Notice shall be deemed given, if notice is by mail, on the date mailed to the address set forth above or as changed pursuant to this Section. Page 9 of 12 10.04. Severability. If any provision of this Agreement is held invalid, the remainder shall not be affected if such remainder would then continue to conform to the requirements of applicable laws and if the remainder can be reasonably performed without material hardship, so as to accomplish the intent and the goals of the parties. 10.05. Governing Law; Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by each party. It shall not be deemed to have been prepared by the AGENCY or APPLICANT, and each of them shall be deemed to have participated equally in the preparation hereof. 10.06. Venue; Jurisdiction. (a) Each party submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding relating to this Agreement and agrees not to assert by way of a motion or a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. (b)If at any time, the APPLICANT or OWNER (if different from the APPLICANT) is not a resident of the State of Florida or has no agent available for service of process as a resident of the State of Florida, or is a foreign corporation, partnership, or other entity that has no agent available for service in the State of Florida, the OWNER consents to service on its designated agent for such purpose and designates the Secretary of State, State of Florida, its agent for service in any court action between it and the AGENCY relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Secretary of State, a copy of such service shall be mailed by prepaid, registered mail, return receipt requested, to the APPLICANT or OWNER (if different from the APPLICANT) at the address for notices. 10.07. Entire Agreement; Conflicts. This Agreement, including the Exhibits attached, constitutes the full and complete agreement between the parties, and supersedes and controls any prior agreements, representations and statements, whether written or oral. Each Exhibit referred to in this Agreement, together with the Application, are an essential part of this Agreement. The Exhibits, Application, any documents incorporated by reference and any amendments, even if not physically attached, shall be treated as a part of this Agreement. 10.08. Captions. The section headings and captions of this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of this Agreement. 10.09. Successors and Assigns. The terms AGENCY and APPLICANT shall include their successors and assigns and all benefits and obligations shall inure to and bind such successors and assigns. Page 10 of 12 10.10. Time. Whenever a notice or performance is to be done on a Saturday or Sunday or on a legal holiday observed in the City of Clearwater, Florida, it shall be postponed to the next business day. 10.11. Term. Except as otherwise provided herein, this Agreement shall expire when the Project is completed, reimbursement is made as provided herein and there are no uncured defaults under this Agreement. 10.12. Effective Date. This Agreement shall be effective on the date the Agreement is executed by the last of the parties below. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates indicated below. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA Countersigned: By: ______________________By:__________________________ George N. Cretekos Amanda C. Thompson Chairperson Director Approved as to form: Attest: _________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 11 of 12 WITNESSES: APPLICANT: 101 N. GARDEN LLC Sign name: __________________________ Print name: __________________________ By: _____________________________ Sign name: __________________________ Name: Chiara Zaniboni Print name: __________________________ Title: Owner STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by Chiara Zaniboni, as the property owner of 101 N. Garden Ave., and who has acknowledged that he/she has executed the same on behalf of the company, and that he/she was authorized to do so. He/She is personally known to me or has produced _______________________ as identification. __________________________________ Notary Public, State of Florida Affix Stamp **NOTE: If the APPLICANT is different from the OWNER, an OWNER’S ACKNOWLEDGEMENT and CONSENT must be executed by the OWNER and attached, or this Agreement is invalid and of no force and effect. Page 12 of 12 Exhibit A Legal Description GOULD & EWING'S 1ST ADD BLK 7, LOTS 5, 6 & 7 LESS RD ON W & PART OF VAC 2.76 FT OF RD R/W S OF LOT 7 & THAT PART OF LAND ON E ADJ TO SD LOTS DESC BEG AT SW COR OF SD LOT 7 TH S89D13'E 113.44FT TH N00D 51'21"E 67.74FT TH N04D57' 56"E 81.68FT TH S88D47' 08"E 1.81FT TH S04D57' 56"W 81.68FT TH S89D13'E 36.33FT TH N04D57'56"E 75.31FT TH S87D52'46"E 63.91FT TH S04D42'35"W 73.7FT TH S89D19'01"E 15FT TH S04D50'24"W 73.41FT TH N87D49'19"W 232.17FT TO POB (INCOMPLETE DEED MISSING O.R. 5201/974) Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4778 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve Chapter 4 of the Clearwater Redevelopment Plan which serves as the Community Redevelopment Agency’s work plan. SUMMARY: As stated in the Downtown Redevelopment Plan's introduction, the Plan, "lays the groundwork to reclaim Downtown as Clearwater's historic urban core and the heart of the city." The primary focus of Chapter 4: Plan Implementation is to provide a summary of the major activities and capital improvements that will be completed by the City and the Community Redevelopment Agency over the next five years. The Downtown Redevelopment Plan serves as a Special Area Plan in accordance with the Countywide rules of Pinellas County. It also serves as the Community Redevelopment Plan in accordance with Florida's Community Redevelopment Act. The Plan will be implemented in four major ways: ·Plan goals, objectives and design standards are applied through the site plan review process ·The Public Amenities incentive pool program ·The Capital Improvements Program ·Policy implementation through City led projects and programs There are four sections in this Chapter: ·Role of the Community Redevelopment Agency ·Funding Sources ·Incentives ·Capital Improvement Program and Policy Implementation Projects The Community Redevelopment Agency (CRA) section outlines the role of the CRA in downtown revitalization. The Funding Sources section contains all the identified and potential sources of revenue for implementation as well as tax increment projects for the CRA districts. The Incentives section provides information on available incentive programs for the downtown area. It also includes the relationship of this plan to the Community Development Code and Public Amenities Incentive Pool. The Capital Improvement Program and Policy Implementation Projects section lists planned improvements for the entire downtown plan area as well as each character district. Work sessions on this Chapter have been held with the CRA Trustees, the Downtown Development Board and the Community Development Board. In addition, the CRA has solicited comments from the Clearwater Chamber of Commerce, Clearwater Downtown Partnership, the Downtown Merchants Association and several individual downtown stakeholders. This item Page 1 City of Clearwater Printed on 7/11/2018 File Number: ID#18-4778 will come before the Community Development Board on July 17, 2018 and City Council on July 19, 2018 for approval. APPROPRIATION CODE AND AMOUNT: No funds are needed for this action. Page 2 City of Clearwater Printed on 7/11/2018 -1- ORDINANCE NO. 9169-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN; REPEALING CHAPTER 4 PLAN IMPLEMENTATION; AMENDING CHAPTER 3 TO CLARIFY THE GRAPHICS AND HOUSING POLICY LANGUAGE; ADOPTING A NEW CHAPTER 4 PLAN IMPLEMENTATION, UPDATING THE LIST OF CAPITAL IMPROVEMENT PROJECTS, WORK PROGRAMS, INCENTIVES AND TIF PROJECTIONS; UPDATING APPENDICES TO MAINTAIN CONSISTENT REFERENCES THROUGHOUT THE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Forward Pinellas, in its role as the Pinellas Planning Council, has recognized the Clearwater Downtown Redevelopment Plan as an adopted Special Area Plan, pursuant to Section 6.5.4.3 of The Countywide Rules and the City of Clearwater (“the City”) has the authority pursuant to The Countywide Rules to amend a Special Area Plan adopted prior to August 7, 2015; and WHEREAS, Resolution No. 81-67, adopted on August 6, 1981, declared that a blighted area exists within a specified boundary in Downtown Clearwater and that there is a need for a Community Redevelopment Agency to carry out redevelopment activities in this blighted area; and WHEREAS, the City Commission, via Ordinance No. 2576-81, adopted a Community Redevelopment Plan for the Community Redevelopment Area on December 17, 1981; and WHEREAS, the City Commission approved a major revision to the Clearwater Downtown Redevelopment Plan in 1995; and WHEREAS, the Clearwater Downtown Redevelopment Plan, which serves as both Special Area Plan and Community Redevelopment Plan for the City’s Community Redevelopment Area, was amended to expand the geographic scope of the City’s Community Redevelopment Area via Ordinance No. 7153-03, which was adopted on September 18, 2003 and has subsequently approved amendments thereto; and WHEREAS, the Pinellas County Board of County Commissioners approved the City’s Community Redevelopment Plan adopted by Ordinance No. 7231-04 on December 16, 2003 and has subsequently approved amendments thereto; and WHEREAS, the Countywide Planning Authority approved the updated and amended Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on February 3, 2004 and has subsequently approved amendments thereto; and WHEREAS, the City Council reaffirmed and updated the vision, guiding principles, goals, objectives and policies of the Clearwater Downtown Redevelopment Plan, including an expansion to the geographic scope of the Downtown Planning Area via Ordinance 9103-18, which was adopted on March 1, 2018; and WHEREAS, the Pinellas County Board of County Commissioners approved the updated and amended Clearwater Downtown Redevelopment Plan on May 8, 2018; and -2- WHEREAS, the requirements of Florida Statutes, Chapter 163, have been met; and WHEREAS, a revitalized Downtown must be achieved to maintain a strong and healthy City; and WHEREAS, Downtown Clearwater is still in need of revitalization; and WHEREAS, the City desires to draw residents and visitors to the Downtown waterfront, catalyze greater Downtown activity and investment and better connect the waterfront to the rest of Clearwater; and WHEREAS, the Clearwater Downtown Redevelopment Plan is the guiding plan and regulatory document for the Downtown Planning Area and recently completed supporting documents such as Imagine Clearwater, the North Marina Area Master Plan, the Comprehensive Boating Plan, and the East Gateway District Vision Plan were integrated into the Clearwater Downtown Redevelopment Plan; and WHEREAS, the Clearwater Downtown Redevelopment Plan needed an updated implementation chapter to move forward with implementing the goals and objectives as updated in 2018; and WHEREAS, these proposed amendments to the Clearwater Downtown Redevelopment Plan will provide a detailed plan for improving the Downtown Planning Area by private enterprise and is consistent with the needs of the City as a whole; and WHEREAS, these proposed amendments repeal and replace Chapter 4, provide minor modifications to Chapter 3 and delete Appendix 8 in preparation for the Board of County Commissioners Tax Increment Finance 15-year review around October 2018; and WHEREAS, the Community Redevelopment Agency has reviewed the proposed amendments to the Clearwater Downtown Redevelopment Plan, as detailed in Exhibit “A,” and recommends approval to the City Council; and WHEREAS, the proposed amendments to the Clearwater Downtown Redevelopment Plan, as detailed in Exhibit “A,” were reviewed by the Community Development Board, which is the local planning agency for the City of Clearwater for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, and the Community Development Board found the Proposed Plan to be consistent with the Comprehensive Plan of the City; and WHEREAS, the proposed amendments to the Clearwater Downtown Redevelopment Plan conform to the City’s general comprehensive plan; and WHEREAS, public input was gained through presentations and discussions in 2018 with Downtown Boards, organizations, and citizens now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments to Chapters 1 and 3, identified as Amendments 1 – 2 in Exhibit “A”, are hereby adopted; Chapter 4 of the current Clearwater Downtown Redevelopment Plan is -3- repealed and shall be replaced by a new Chapter 4, identified as Amendment 3 in Exhibit “A”, which is hereby adopted; and Appendix 8 is hereby deleted in its entirety. Section 2. The City Manager or designee shall forward the proposed Clearwater Downtown Redevelopment Plan amendments, as detailed in Exhibit “A,” to any agency required by law or rule to review or approve same. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners and the Countywide Planning Authority.   PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk        -4- EXHIBIT A ATTACHMENT TO ORDINANCE 9169-18 AMENDMENT 1 – CHAPTER 1. INTRODUCTION, PLANNING FOR DOWNTOWN Amend Language in Downtown Plan Updates and CRA Expansion Subsection on Page 5 as follows: * * * * * In 2002, the City prepared a Findings and Declarations of Necessity Analysis for the 200-acre area generally east of the existing CRA, known as the “Gateway Expansion Area”, which included land governed by the Southeast and Southwest Northeast Expansion Areas of the Clearwater Downtown Periphery Plan. The study clearly demonstrated the need for revitalization outside of the existing CRA boundaries and documented the following conditions: * * * * * AMENDMENT 2 – CHAPTER 3. LAND USE/REDEVELOPMENT PLAN, HOUSING & NEIGHBORHOOD ELEMENT Amend Housing Policy 13 on Page 92 as follows: * * * * * Policy 13: Continue to work with Pinellas County the Homeless Leadership Board, Continuum of Care providers and other coordinating organizations to address the problem with the chronic homeless population root causes of homelessness. * * * * * AMENDMENT 3 – CHAPTER 4. PLAN IMPLEMENTATION Repeal Chapter 4 and replace it with the following, renumbering subsequent pages accordingly: Plan ImplementationPublic Amenities Incentive Pool | Capital Improvement Plan | Incentives | TIF Projections Clearwater Downtown Redevelopment Plan128 of 189 | July, 2018Chapter 4: Plan ImplementationINTRODUCTIONAs stated in the Plan’s introduction it, “lays the groundwork to reclaim Downtown as Clearwater’s historic urban core and the heart of the city.” The implementation of this vision will require the active participation of every public, private and non-profi t organization located in downtown and the residents of Clearwater over the next decade. The primary focus of this chapter is to provide a summary of the major activities and capital improvements that will be completed by the City and the Community Redevelopment Agency over the next fi ve years. This Plan serves as a Special Area Plan in accordance with the County Rules of Pinellas County. It also serves as the Community Redevelopment Plan in accordance with Florida’s Community Redevelopment Act. Planning documents are static, but plan implementation is dynamic. Changes in technology, unanticipated funding opportunities or restrictions and demographic changes will inevitably impact the process of downtown revitalization and public investment. However, all changes to work programs and capital improvements must remain in alignment with the Plan’s goals and objectives. The Plan will be implemented in four major ways:Plan goals, objectives and design standards are applied through the site plan review process The Public Amenities incentive pool programThe Capital Improvements ProgramPolicy implementation through City led projects and programs There are four sections in this Chapter: Role of the Community Redevelopment AgencyFunding Sources IncentivesCapital Improvement Program and Policy Implementation ProjectsThe Community Redevelopment Agency (CRA) section outlines the role of the CRA in downtown revitalization. The Funding Sources section contains all the identifi ed and potential sources of revenue for implementation as well as tax increment projects for the CRA districts. The Incentives section provides information on available incentive programs for the downtown area. It also includes the relationship of this plan to the Community Development Code and Public Amenities Incentive Pool. The Capital Improvement Program and Policy Implementation Projects section lists planned improvements for the entire downtown plan area as well as each character district.ROLE OF THE COMMUNITY REDEVELOPMENT AGENCYDowntown is a complex environment with a variety of stakeholders who each play a role in implementing the community’s vision and goals for downtown. The City Council recognized the need for a dedicated focus on downtown redevelopment through the establishment of the Community Redevelopment Agency as an independent department in 2016. The CRA is at the nexus of all the public entities, citizen boards, non-profi t organizations, institutional organizations and the private sector who have an interest in Downtown. It will play a critical role over the next ten years in ensuring that each of these stakeholders are contributing to a shared vision and using TIF revenue to leverage additional investment towards Plan implementation.CRAs were originally established to reduce blight and spur economic investment in cities where the private market was not functioning. In 2018, the market in Downtown Clearwater has stabilized, yet many properties remain vacant and underutilized. It has yet to fully realize the 2018 Plan’s vision of a live, work and play community. The CRA will continue its historic pattern of investment in public infrastructure, reducing the costs of developing housing and land acquisition to assemble property for redevelopment. Under the umbrella of the Plan’s guiding principles, there will be an expanded focus on placemaking. Placemaking activities include designing Complete Streets, support for public art and funding activities and program that bring public spaces to life. The CRA will also take a key role in creating July, 2018 | 129 of 189Chapter 4. Plan Implementationa Downtown that is an inclusive and welcoming environment. We recognize that Downtown must serve Clearwater residents, the larger region and tourists. The CRA uses the following framework to guide how TIF funds are invested, to design programs and to establish partnerships. The CRA invests in the expansion and strengthening of networks of residents, business owners and investors who help implement the Downtown vision. Examples of this include producing special events targeted to specifi c businesses that the CRA would like to bring to Clearwater, like museums and craft breweries. The CRA invests in the reduction of barriers to establishing businesses and building housing in Downtown. Examples of this include reducing the cost of land acquisition for developers and adopting a new zoning code for Downtown.The CRA provides platforms, real and virtual, that support the implementation of the vision for Downtown. Examples of this include the www.downtownclearwater.com website and Second Century Studios.The CRA creates and promotes a positive brand for Downtown. Examples of this include the public mural project and the new Downtown Clearwater logo.Coordination with other plans and agenciesIn addition to the projects and programs outlined in this Chapter, the CRA will coordinate with other City departments, County organizations and the Downtown Development Board to implement common goals from adopted plans. The Downtown Development Board has adopted a new strategic plan in 2018 with a focus on promoting Imagine Clearwater to leverage new investments in housing and businesses, promoting high tech jobs and creating a streamlined permitting process. The Planning and Development Department will update the City’s Comprehensive Plan, administer Special Area Plans, like the North Marina Master Plan, that are adjacent to the CRA and bike and pedestrian safety studies.The Economic Development and Housing Department has identifi ed economic development goals for downtown including creating a technology district to attract and retain software IT companies, creating a medical overlay to encourage new healthcare sector employment adjacent to the Morton Plant hospital and to update federally required housing plans to include a focus on workforce housing. Forward Pinellas and PSTA will continue to participate in the implementation of an expanded regional transit system, trail network and arts amenities like the proposed Cultural Trail on Alternate 19/Myrtle Avenue. Clearwater Downtown Redevelopment Plan130 of 189 | July, 2018There are two sets of TIF projections – the original CRA area established in 1981 and the expanded area established in 2004. The CRA collects 95% of the total tax roll valuation that is generated above the base year amount from the City and the County. The City’s portion has been adjusted for senior exemptions. For the purposes of this plan, we have not included the Downtown Development Board’s (DDB) contribution since the CRA merely acts as a pass through entity for the funds and the DDB members are elected and adopt their own budget. Table 4.2 illustrates the tax revenues from the base year of the CRA, at the time of the 2004 plan, the 2018 projections and the 2023 projections assuming no change in the millage rate and a 3% increase in property values.The years 2019-2023 will include the start of several signifi cant projects including the implementation of the Imagine Clearwater, two large housing developments, the Festival Market in the Downtown Gateway district and Pinellas Trail improvements. We anticipate that tax revenue may increase greater than 3% annually as those large public improvements are substantially underway. However, there are still signifi cant challenges, outlined in Chapter 3, that will need to be addressed that will require maintaining the full contribution of the City and County TIF revenues. FUNDING SOURCESThe planned improvements in the Downtown will require multiple funding sources. Each project has an identifi ed source of funding, unless To Be Determined (TBD) is listed. Capital improvements and programs that are funded through the City’s General Fund are verifi ed and updated each year through the annual budget process. Community Redevelopment Agency funds are verifi ed and updated each year through an annual budget adopted by the CRA Trustees. Grant programs, like SHIP, CDBG and HOME, are contingent on state and federal allocations on a yearly basis.Table 4.1 summarizes funding sources that are identifi ed in this chapter.TAX INCREMENT REVENUE PROJECTIONSChapter 163, Part III, Florida Statutes, authorizes the County to approve the use of tax increment revenues for community redevelopment. According to the statute, the assessed valuation of the parcels noted on a certifi ed tax roll within the CRA is “frozen” as of a specifi ed date; after this base year, all future increase in tax revenues may be used by the CRA for approved redevelopment projects. The County has approved the majority of the 2018 Clearwater Downtown Redevelopment Plan. The CRA will submit a comprehensive TIF report with a request for the extension of the County’s portion of the TIF in October 2018. TIF funding is the primary source of CRA revenue for its operations and redevelopment projects.Name of Funding Source Funding Entity Likelihood of Funding Availability [1=Strong, 2=Moderate, 3=Limited]General Fund City of Clearwater unrestricted tax dollars1Enterprise Funds (Parking, Gas, Solid Waste, Water/Sewer, Stormwater, Special ProgramCity of Clearwater restricted tax dollars 1Pinellas for Pinellas Sales Tax 2CRA TIF Designated City tax increment funds from the CRA district1County TIF Designated County tax increment funds from the CRA district1Downtown Development Board Designated City tax funds from the DDB district1HOME/SHIP/CDBG Federal and State program funds 2Forward Pinellas County tax dollars 2Pinellas Suncoast Transit Authority Tax dollars generated through a special district, fares3Grants This is funding from a variety of public and non-profi t sources that is typically limited to a specifi c project or program3Private Investment Funds from non-governmental entities 2Table 4.1. Funding Sources July, 2018 | 131 of 189Chapter 4. Plan ImplementationINCENTIVESThe City of Clearwater and Community Redevelopment Agency off er a variety of incentive programs to reduce the cost of redevelopment and establishing new businesses in Downtown Clearwater. Qualifying for an incentive is a competitive process and each program has unique guidelines. Potential applicants are strongly encouraged to contact the City/CRA early in their decision process to determine which incentive program could work for their idea.Planning and Development Department IncentivesRelationship of the Downtown Plan to Community Development CodeThe strongest incentive a city can off er to private development is a zoning code and design standards that support the adopted vision for redevelopment to reduce risk and increase predictability to redevelopment projects. In 2018, Clearwater will update the downtown zoning regulations to better align with the goals and objectives of this Plan. In addition to the Clearwater Comprehensive Plan, the Downtown Plan is the offi cial statement of policy regarding the Downtown’s use of land. All development of land, both public and private, undertaken within the Downtown shall be consistent with and further the goals of the Plan. All new or amended development regulations for Downtown shall be consistent with and further the goals of this Plan. The Plan establishes development potential and height for each character district that will govern all redevelopment activity. This Plan considers additional development potential through two tools - Transfer of Development Rights and the Public Amenities Incentive Pool – that may be used to increase the development potential in excess of the amount specifi ed in the Character District upon a determination that the increase is consistent with and furthers the goals of this Plan. CRA Base Year Tax Roll Valuation 1981 CRA Area 2004 CRA Area$84,658,490 $88,234,600Year Total Tax Roll ValuationCity TIF Contribution “Original” AreaCity TIF Contribution “Expanded” AreaCounty TIF Contribution “Old” AreaCounty TIF Contribution “New” AreaTotal2004 $157,877,040 $421,226 $4,157 $421,397 $4,437 $851,2172018 $475,989,561 $1,402,091 $80,751 $1,457,704 $85,374 $3,025,9222023 $551,802,357$3,539,858Table 4.2. TIF Projections Clearwater Downtown Redevelopment Plan132 of 189 | July, 2018If the Pool is completely allocated during the valid term of this Plan, the City may elect to study alternatives to replenish the Pool. The alternatives studied may include, but are not limited to, a reduction in all or parts of this Downtown Plan area to create development potential or an evaluation of available facility capacity which would facilitate increased development potential in all or parts of the Downtown Plan area. It is recognized that replenishing the Incentives Pool may require review by Forward Pinellas and the Board of County Commissioners in their capacity as the Countywide Planning Authority. Pool Allocation Process The allocation of additional density/intensity shall be made in conjunction with a site plan application reviewed by the Community Development Board (CDB) through a process defi ned in the Community Development Code. The CDB will be responsible for ensuring that all projects utilizing the Pool meet the goals, objectives and policies of the Plan and is in keeping with the vision established for the character district in which the project is located. The CDB may consider granting an increase in the maximum building height specifi ed in a character district if the developer of a site plan application provides a major public amenity as defi ned in the Community Development Code, and the increase in height does not exceed 20% of the maximum permitted height or a minimum of ten feet. Development potential obtained through the Pool shall not be transferred to any other site under any circumstance.Public Amenities Incentive Pool Purpose To overcome the numerous constraints aff ecting redevelopment, the Downtown Plan establishes the Public Amenities Incentive Pool to provide an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for Downtown Clearwater. Eligible AmenitiesAll property within the Downtown Plan boundaries will be eligible to use the Public Amenities Incentive Pool. Allocations from the Pool will be available to projects that provide one or more improvements and/or fees in-lieu of certain improvements that provide a direct benefi t to Downtown revitalization. The allocation of increased density or intensity through the Pool shall be at the discretion of the City as determined through the Community Development Code site plan review process. The types of amenities eligible for density/intensity bonuses may include, but are not limited to: Residential uses in the Downtown Plan area; Ground fl oor retail in the Downtown Plan area;Uses in particular locations and/or mixed use projects that further the Plan’s major redevelopment goals and character district vision; Day care facility;Portion of project reserved for Aff ordable Housing;Signifi cant Public Space on site; Public Art on site; Preservation of a historic building to the Secretary of Interior’s Standards;Construction of public parking on site;Cultural or Performing Arts Facility on site; Contributions to Master Streetscape and Wayfi nding Plan;Contributions to Imagine Clearwater or Station Square Master Plan; Contributions to Pinellas Trail or connector trails; Contributions to public parking facility; orAs determined by the City Council. Amount of Development Potential in PoolThe amount of fl oor area and dwelling units available in the Pool is created by the diff erence between the development potential allowed by the sum of the potential prescribed by the 2018 Clearwater Downtown Redevelopment Plan and the underlying land use categories of areas not governed by one of these Plans as compared to the development potential permitted in this Plan. As of July 2018, there are 2,088 residential units available and 2,095,667 square feet of fl oor area available.If either the total number of dwelling units or non-residential square feet available in the Pool is substantially or completely allocated, the City shall determine whether or not to allow a conversion of all or part of the remaining potential between dwelling units and non-residential fl oor area. In its sole discretion, the City shall establish the conversion methodology. When all the development potential in the Pool has been allocated, the Pool will cease to exist. Upon the Pool’s termination, the only tool to increase density and intensity that will remain available is the use of Transfer of Development Rights. July, 2018 | 133 of 189Chapter 4. Plan ImplementationTransfer of Development Rights (TDRs)Property owners with extra density or fl oor area ratio (FAR) available from a project within the Downtown Plan area may be permitted to convey the development rights of the non-used area development potential by deed, easement or other legal instrument authorized by the City to another project within the Downtown Plan area that requests an increase above the maximum permitted development potential. TDRs cannot be used as a means to exceed the maximum building heights.Please visit the Planning and Development Department’s website at www.myclearwater.com to learn more about these programs.Economic Development and Housing IncentivesThe Economic Development and Housing Department manages a wide range of federal, state and local funding that support environmental remediation, aff ordable housing and job creation. Programs include:Qualifi ed Target Industry (QTI) Tax RefundEconomic Development Ad Valorem Tax ExemptionIncumbent Worker Training (IWT)Florida FlexBrownfi elds IncentivesHUBZone ProgramCommunity Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), State Housing Initiatives Partnership (SHIP) Program Please visit the Economic Development & Housing Department’s website at www.myclearwater.com to learn more about these programs.Engineering Department IncentivesRedevelopment projects in the Prospect Park character district are eligible to buy into a regional stormwater pond instead of providing on site detention. The buy in fees vary according to project size. Please visit the Engineering Department’s website at www.myclearwater.com to learn more about these programs.Community Redevelopment Agency IncentivesThe CRA is a tax increment fi nanced district. The agency can off er a variety of incentives depending on the project size and type within state regulations. The CRA can participate in land acquisition, the payment of impact fees, façade improvement grants and other public infrastructure projects such as streetscape improvements, public art, park improvements and parking garages. CRAs are established because the current property values and environmental conditions in the area hinder private investment. Incentives are designed for catalytic investments that help prove the area is capable of increased private investment. They can also help a business or developer “close the gap” in their fi nancial ability to meet the goals of this Plan. Clearwater Downtown Redevelopment Plan134 of 189 | July, 2018When considering providing an incentive the CRA will consider the following questions:Is the proposed incentive compliant with federal, state and local laws?Is the proposed incentive aligned with the Vision and Goals of the 2018 Downtown Redevelopment Plan?Has the private sector attempted to implement this project without an incentive?What is the expected return on investment from a fi nancial and public benefi t perspective? The CRA currently off ers a façade grant program that will match dollar for dollar up to 50% of the total costs for renovating a façade in the CRA in accordance with the provisions of the Downtown design standards. There is also a sidewalk café furniture grant program that provides up to $2,500 towards the cost of outdoor furniture. Please visit the CRA’s website at www.downtownclearwater.com to learn more about these programs.CAPITAL IMPROVEMENT PROGRAM AND POLICY IMPLEMENTATION PROJECTSA table of capital improvement projects and policy implementation programs has been created for the entire plan area and each character district. Table 4.4 lists activities that will happen throughout the entire downtown. There is a table for each character district, Tables 4.5 through 4.9, for projects and programs that will occur exclusively in that district. When there is a direct connection between a goal or objective in Chapter 3 and a capital improvement project or program that connection is documented by including the goal/objective number next to the item. For example, “Implement a bike share program (O.2F)” refers to Objective 2F: Provide safer and more convenient bike facilities, including a bike share program under the Accessibility Goals in the downtown plan. The table includes a brief description of the Project/Action, the project lead, the total cost, the funding source and the year(s) when the action will take place. Some projects and programs will span more than one year. The table for the entire downtown area is organized by policy recommendations in housing, transportation, community engagement, public safety, economic development and infrastructure. The character district tables are organized by the goals adopted in Chapter 3 including the People, Accessibility, Amenity and Urban Design goals. This organizing framework ensures that the City’s implementation actions are aligned with the adopted goals, policies and objectives of the Plan.This plan has a ten-year horizon with a detailed fi ve-year action plan. Table 4.3 summarizes the total public investment in plan implementation identifi ed at the time of Plan publication. County TIF funds are restricted to Capital Improvement Projects. Funding Total for all Projects and Programs 2018 - 2023Total Public Investment $82,639,000CRA TIF Funds $12,155,000County TIF Funds $6,650,000Table 4.3. Funding Totals July, 2018 | 135 of 189Chapter 4. Plan ImplementationTable 4.4. Downtown Area ImplementationDowntown Redevelopment AreaCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Special Events Equipment Parks and Recreation $170,000 Special Program Fund X X X X XNew Sidewalk Construction Engineering $450,000 Penny for Pinellas X X XReplace Downtown Trash Cans Solid Waste $300,000 Solid Waste/Recycling X X X X X XEnlarge and New Water/Sewer Pipelines Public Utilities $2,000,000 Water/Sewer Fund X X XWayfi nding in CRA Area (O.2C) Planning; CRA; Engineering$500,000 CRA; County TIF X XExpanded High Pressure Gas Lines Gas System TBD Gas Fund X X X XPolicy Implementation: HousingAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct a housing market analysis to determine which housing products are in high demand/low supply in DowntownCRA; Economic Development and Housing$25,000 CRA X XConduct an employer survey of housing needs CRA; Economic Development and Housing$25,000 CRA X XIdentify existing duplexes worth rehabilitating for low income housing (Housing Strategy 3)Economic Development and Housing; CRAN/A N/A X XUpdate the HUD Consolidated Plan to address Housing Policies 1, 2, 4 and 11Economic Development and HousingN/A N/A XUpdate the Local Housing Assistance Plan to address Housing Policies 1, 2, 4 and 11Economic Development and HousingN/A N/A XResearch feasibility of relaxing underwriting standards (Housing Policy 2)Economic Development and HousingN/A N/A XCoordinate on land acquisition and RFP issuances for multi-family redevelopment projects to incorporate workforce housingCRA; Economic Development and HousingTBD HOME; CDBG; SHIP; CRA; County TIFXXXXXXContinue to work with private developers to rehabilitate and construct aff ordable housing (Housing Strategies 1 and 2)Economic Development and Housing$100,000 SHIP; CDBG; HOME X X X X X XProvide a designated staff person to serve on the Homeless Leadership Board and coordinate with local agencies on how best to care for the homeless population (Housing Policies 13 and 14)Economic Development and HousingN/A General Fund X X X X X X Clearwater Downtown Redevelopment Plan136 of 189 | July, 2018Table 4.4. Downtown Area Implementation, con’tDowntown Redevelopment AreaPolicy Implementation: TransportationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Coordinate with all transportation service providers on infrastructure and program improvements inclluding the water taxi, trolley, bus system, rail and others (Accessibility Goal)Planning; CRA; Engineering; PSTA; Forward Pinellas; CSX; Clearwater FerryN/A CRA X X X X X XConduct a parking needs analysis (P.3) CRA; Engineering $50,000 CRA; Parking Fund XUpdate the Master Streetscape Plan (Accessibility Goal O.2C) Planning; CRA $100,000 CRA X XCoordinate with Forward Pinellas to implement a bike share program (O.2F)Planning; Forward Pinellas; CRA$250,000 CRA; General Fund; Forward PinellasXXXXXDevelop a bicycle parking plan and incorporate bicycle parking into streetscape standards and site plan review. Install additional bicycle parking in Downtown (Downtown Policy 5)Planning; CRA $50,000 General Fund; CRA X X XRedesign and construct Ft. Harrison as a Complete Street (Accessibility Goal O.2B)Planning; CRA; Engineering$1,000,000 $250,000 design CDBG funds; CRA, County TIF & General Fund for ConstructionXXXStudy how to reduce barriers to private transportation service for on demand mobility (Accessibility Goal)Planning; CRA; Engineering; PSTAN/A N/A X XPolicy Implementation: Community EngagementAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Provide annual funding for public art projects (O.3F) CRA; Parks and Recreation$1,250,000 CRA; General Fund X X X X XThe City and CRA will continue to partner with and promote groups and programs that create and provide public art (Downtown Policy 15)CRA; Parks and Recreation$500,000 CRA; County TIF; General Fund X X X X X XThe CRA will create a placemaking strategy to activate key public spaces in Downtown to engage the community on a regular basis (Amenity Goal O.3G)CRA $250,000 CRA X X X X X XThe CRA will meet with Downtown neighborhood associations on a regular basis (Downtown Policy 25)CRA N/A N/A X X X X X XProvide activities and events on a monthly basis in parks, plazas and recreational area. Create events, like El Dia Del Nino, that celebrate unique features of Downtown neighborhoods (O.1H, O.1J)Parks and Recreation $250,000 General Fund; CRA; DDB X X X X X X July, 2018 | 137 of 189Chapter 4. Plan ImplementationTable 4.4. Downtown Area Implementation, con’tDowntown Redevelopment AreaPolicy Implementation: Public SafetyAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct a monthly review of properties that require a higher level of police service and follow the nuisance abatement process (Downtown Policy 28)Police N/A N/A X X X X X XAttend neighborhood association meetings and meet with city departments as needed to address code complaints (Downtown Policy 29)Planning; Police N/A N/A X X X X X XContinue CRA Interlocal agreement with Police to provide community policing services, including offi cers on bicycles, in Downtown (Downtown Policy 30)CRA; Police $1,200,000 CRA X X X X X XPolicy Implementation: Economic DevelopmentAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Survey property owners to determine the best incentives for building improvements to support intensive offi ce uses including IT/software, fi nance and insurance, professional and data management, analytics and services (Downtown Policy 8)CRA; Economic Development and Housing$10,000 CRA X XDevelop targeted marketing campaigns to attract new residents, visitors and businesses to DowntownCRA; Economic Development and Housing$150,000 CRA X X XResearch how to connect with sports tourism audiences to bring them DowntownCRA; Parks and RecreationN/A N/A X X X XCreate a Downtown Communications plan CRA; Public Communications$25,000 CRA XCoordinate with Forward Pinellas to establish a Cultural Trail connecting Clearwater with other cities in the CountyCRA; Parks and Recreation$25,000 CRA X XAttract a cultural institution to serve as an anchor tenant CRA $50,000 CRA X X X X Clearwater Downtown Redevelopment Plan138 of 189 | July, 2018Downtown Redevelopment AreaPolicy Implementation: InfrastructureAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Plant shade trees on an annual basis (O.4E) Parks and Recreation $10,000 Tree Fund X X X X X XConduct a public utilities study to determine water and sewer capacity in DowntownPublic Utilities N/A N/A X X XStudy how fi re codes are impacting the redevelopment of historic commercial sitesFire N/A N/A X XStudy how to expand recycling services for multi-family residential developmentsSolid Waste N/A N/A X XImplement a pilot project to showcase how solar panels can work on parking structures (Downtown Policy 14)Planning; CRA; EngineeringTBD General Fund; CRA XTable 4.4. Downtown Area Implementation, con’t July, 2018 | 139 of 189Chapter 4. Plan ImplementationTable 4.5. Downtown Core ImplementationDowntown Core DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Renovate the Library’s facade on Osceola to create a pedestrian friendly experience (O.1C)Library $2,000,000 General Fund; CRA X XClearwater Harbor Marina Maintenance and Attenuation Project (O.1H)Marine and Aviation $800,000 Clearwater Harbor Marina Fund X X X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish a timeline for the demolition of the Harborview Center (P.1)City Manager TBD General Fund X XCoordinate with Pinellas County to build a joint use administrative and/or transportation facility in Downtown (O.1A)City Manager $100,000 General Fund X X XEstablish a timeline for the demolition of City Hall and redevelopment of the site (O.1B)City Manager TBD General Fund X XUpdate the zoning code to provide form based codes and context sensitive street design standards (O.1C, O.1E-G)Planning and DevelopmentN/A General Fund XConduct a targeted marketing campaign to attract offi ce intensive businesses to downtown (O.1D)Economic Development & Housing$25,000 General Fund; CRA X X X X XDetermine the best use for Fire Station 45 as a redevelopment siteCity Manager; CRA; Economic DevelopmentN/A N/A XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design and Construct Downtown Streetscaping (O.2B, O.2C) Engineering $4,000,000 Penny for Pinellas III; County TIF X XBuild Downtown Parking Garage (O.2M) Engineering $10,500,000 Parking Fund XDesign and Construct Pinellas Trail Improvements Pinellas County; Parks and Recreation$500,00 County TIF; CRA X X Clearwater Downtown Redevelopment Plan140 of 189 | July, 2018Downtown Core DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design Downtown Intermodal Facility (O.2J, O.2N) Engineering; CRA; PSTA $500,000 PSTA; CRA; County TIF X XBuilding a pedestrian and bicyclist friendly crossing at Court and Chestnut (P.7)Engineering TBD TBD XConduct and implement a bike/ped safety study (O.G and O.2I)Planning $150,000 General Fund XWork with the County to create a comprehensive transit plan (O.2J and O.2O)Planning; CRA $100,000 CRA; Forward Pinellas; PSTA XDesign dedicated ferry landings (O.2K) Marine and Aviation $50,000 Marine and Aviation Fund XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Library Maker Space Maintenance and Upgrade (O.3D) Library $204,000 General Fund X X X X X XImagine Clearwater: Waterfront/Bluff Master Plan (O.3A, O.3B)City Manager $5,000,000 Penny for Pinellas III X X X XImagine Clearwater: Future Phases (O.3C, O.3E, O.3G) City Manager $8,000,000 Penny for Pinellas IV X XStation Square Improvements CRA $500,000 CRA; County TIF X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish a non-profi t Imagine Clearwater Conservancy (O.3A)City Manager N/A General Fund X X XUpdate the Imagine Clearwater Phasing Plan City Manager N/A N/A X XUrban Design GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Commission a signature art project for the Gateway bridge CRA $500,000 CRA; grant funds X XConstruct new City Hall building (O.1B) City Manager $5,000,000 Penny for Pinellas IV XTable 4.5. Downtown Core Implementation, con’t July, 2018 | 141 of 189Chapter 4. Plan ImplementationTable 4.6. Downtown Core Implementation, con’tDowntown Core DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish and utilize design standards and Character District requirements to ensure that development projects enhance the built environment (O.4B)Planning N/A General Fund XDevelop a plan that identifi es street frontages and context sensitive development standards to create a livable and vibrant Downtown (O.4C)Planning N/A General Fund XDetermine eligibility of downtown properties for historic preservation tax freeze (O.4D)Planning; CRA N/A N/A X XExpand Facade Incentive grant program (O.4D) CRA $1,000,000 CRA X X X X X Clearwater Downtown Redevelopment Plan142 of 189 | July, 2018Table 4.6. Old Bay ImplementationOld Bay DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Seminole Boat Launch Maintenance (P.11) Marine and Aviation $40,000 General Fund X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate parcels in the Old Bay expansion area Central Business District (CBD) and Downtown (D) District (P.1)Planning N/A General Fund XEstablish a building renovation assistance program (e.g., low-interest loans or grants) to revitalize and retain the older housing stock in the District (P.4)Economic Development $500,000 CDBG; HOME; SHIP X X X X XFacilitate the development of aff ordable live/work bungalows with maker’s shops, galleries, and restaurant startups through marketing new zoning standards (P.15)Economic Development $25,000 General Fund X X X X XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Construct Trail Upgrades (P.9) Parks and Recreation TBD TBD XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design trail connections from Pinellas Trail to the Seminole Boat Ramp (P.9)Parks and Recreation $25,000 General Fund XCoordinate with PSTA to locate new shelters and services (P.5)Planning N/A N/A XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Seminole Boat Launch Improvements (P.11) Marine and Aviation $5,000,000 Penny for Pinellas III X X X July, 2018 | 143 of 189Chapter 4. Plan ImplementationTable 4.6. Old Bay Implementation, con’tOld Bay DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support the continuation of the Francis Wilson Playhouse (P.12)Parks and Recreation TBD General Fund X X X X X XProgram with the waterfront in accordance with the North Marina Area Master Plan (P.11)Marina and Aviation TBD General Fund X X X X XCoordinate with Pinellas County Schools to explore options to repurpose the North Ward School (P.14)Economic Development and HousingN/A N/A X XUrban Design GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Acquire North Ward School for public/private redevelopmentEconomic Development and Housing$1,200,000 TBD X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct an updated historic survey to identify potential contributing structures to a historic district within the District (P.2)Planning $75,000 CDBG; General Fund; SHPO X XPursue historic designation of the North Ward School (P.3) Planning TBD CDBG/General Fund XExpande Facade Loan Program Economic Development and Housing$500,000 CDBG X X X X X Clearwater Downtown Redevelopment Plan144 of 189 | July, 2018Table 4.7. South Gateway ImplementationSouth Gateway DistrictAccessibility GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Create marketing materials and signage that promote the use of the Druid Trail and Pinellas Trail (P.2-3)Parks and Recreation in coordination with Pinellas County$25,000 General Fund X X July, 2018 | 145 of 189Chapter 4. Plan ImplementationTable 4.8. Prospect Lake ImplementationProspect Lake DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Land acquisition for housing redevelopment (O.1G) CRA; Economic Development and Housing$3,000,000 CRA; RLF; County TIF X X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate all parcels in the Prospect Lake Character District as Central Business District (CBD) and Downtown (D) District consistent with the remainder of the properties in Prospect Lake (P.6)Planning N/A General Fund XIssues RFPs for the redevelopment of CRA owned sites to build housing and/or mixed use developments (O.1G)CRA $15,000 CRA X XAccessibility GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Explore and design options to centrally locate parking to serve the District’s commercial uses as infrastructure (P.2)CRA; Engineering TBD CRA; Parking Fund X XThe City will coordinate with FDOT to ensure future designs of Alt. US 19/Myrtle Avenue will incorporate complete streets designs (P.4)Planning; Engineering N/A N/A X X X X X XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Building improvements for 111 S. MLK Jr. site to support a restaurant useCRA $500,000 CRA X XLand acquisition for parks, plazas and other public amenities (O.3G)CRA $1,000,000 CRA X X X XDesign and build a Neighborhood Art Park CRA $750,000 CRA; County TIF X X Clearwater Downtown Redevelopment Plan146 of 189 | July, 2018Prospect Lake DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Survey property owners to develop a retail/offi ce incentive strategy (O.1D)CRA $10,000 CRA XRecruit a restaurant and/or retail use to activate the City owned 111 S. MLK Jr. site (O.3G)CRA $10,000 CRA X XUrban Design GoalPolicy ImplementationProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Expand Facade Grant Program to include eligible commercial properties in the Prospect Lake District (P.3)CRA N/A X .Fund facade grant improvements for commercial buildings (P.3)CRA $250,000 CRA X X X X XTable 4.8. Prospect Lake Implementation, con’t July, 2018 | 147 of 189Chapter 4. Plan ImplementationDowntown Gateway DistrictPeople GoalCapital Improvement ProjectsPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate all parcels in the Prospect Lake Character District as Central Business District (CBD) and Downtown (D) District consistent with the remainder of the properties in Prospect Lake (P.8)Planning N/A General Fund XIncorporate workforce housing into redevelopment projects (P.3)Economic Development and Housing$1,000,000 CDBG; SHIP; HOME; NSP3 X X X X XUpdate Downtown Gateway Implementation Plan CRA $25,000 CRA XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Cleveland Streetscape Phase III Engineering $11,000,000 General Fund; CRA X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Connect Jolley Trolly to Downtown Gateway Planning TBD TBD X XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Festival Core(P.6) CRA $1 million CRA; County TIF X XStevenson Creek Greenway Trail (P.5) CRA; Parks and Recreation; Engineering$8,800,000 CRA; Stormwater Utility Fund; County TIFXXPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support an annual community-led art project (P.7) CRA $60,000 CRA X X X X X XUrban Design GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support the assembly of vacant and underutilized properties, as well as the demolition of deteriorated buildings to accommodate redevelopment projects (P.3)CRA $2,000,000 CRA; County TIF X X X X X XTable 4.9. Downtown Gateway Implementation 1 Community Redevelopment Agency – July 16, 2017 Community Development Board – July 17, 2018 City Council – July 19, 2018 Ordinance No. 9169-18 COMMUNITY REDEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: July 17, 2018 ORDINANCE NO.: 9169-18 REQUEST: Review and recommendation to the City Council on amendments to the Clearwater Downtown Redevelopment Plan, repealing Chapter 4 Plan Implementation; amending Chapter 3 to clarify the graphics and housing policy language; adopting a new Chapter 4 Plan Implementation; and deleting Appendix 8. INITIATED BY: City of Clearwater, Community Redevelopment Agency BACKGROUND: Earlier this year, the City Council approved the 2018 Clearwater Downtown Redevelopment Plan Chapters 1-3 and several appendices including the adoption of new Goals and Objectives, the establishment of new density and height standards for various character districts and the incorporation of redevelopment policies from several plans including Imagine Clearwater, the North Marina Area Master Plan, Clearwater Comprehensive Boating Plan and the East Gateway District Vision Plan. The 2018 Plan has been adopted by the Pinellas County Commission and Forward Pinellas as well. 2 Community Redevelopment Agency – July 16, 2017 Community Development Board – July 17, 2018 City Council – July 19, 2018 Ordinance No. 9169-18 The Community Redevelopment Agency was tasked with updating Chapter 4: Plan Implementation. The CRA met with each City department, reviewed all adopted plans and the City’s Capital Improvement Budget to develop a comprehensive list of capital improvement projects that would occur in Downtown. A list of programs and policies was created to correspond with adopted Goal and Objective by character district. The table of proposed capital improvement projects and programs was presented to the general public in March 2018, to the Chamber of Commerce, Downtown Development Board and Community Development Board in April and May 2018 for comment. ANALYSIS: The Plan Implementation chapter has one purpose. It illustrates how the Goals and Objectives of the Clearwater Downtown Redevelopment Plan will be implemented through capital improvement projects and programs. It identifies the lead city department, funding sources, budget and timeline for each project and program. Changes in technology, unanticipated funding opportunities or restrictions and demographic changes will inevitably impact the process of Plan implementation. However, all changes to work programs and capital improvements must remain in alignment with the Plan’s goals and objectives. Proposed Ordinance No. 9169-18 repeals and replaces Ch. 4 Plan Implementation, deletes Appendix 8 and contains minor revisions in Chapter 3 for clarity. Below is a summary of the major amendments. There are four sections in the Chapter: Role of the Community Redevelopment Agency Funding Sources Incentives Capital Improvement Program and Policy Implementation Projects The Community Redevelopment Agency (CRA) section outlines the role of the CRA in downtown revitalization. The Funding Sources section contains all the identified and potential sources of revenue for implementation as well as tax increment projects for the CRA districts. The Incentives section provides 3 Community Redevelopment Agency – July 16, 2017 Community Development Board – July 17, 2018 City Council – July 19, 2018 Ordinance No. 9169-18 information on available incentive programs for the downtown area. It also includes the relationship of this plan to the Community Development Code and Public Amenities Incentive Pool. The Capital Improvement Program and Policy Implementation Projects section lists planned improvements for the entire downtown plan area as well as each character district. The Plan has a ten-year horizon with a detailed five-year action plan. The total investment of public dollars over that time is $82,639,000. Within that total, CRA funds are $12,155,000 and County TIF funds are $6,650,000 assuming they maintain their 100% contribution. SUMMARY AND RECOMMENDATION: The Community Development Board is reviewing the plan in its capacity as the Local Planning Agency (LPA) and should make a recommendation regarding the updated plan to the City Council. Additionally, the CRA should make a recommendation to the City Council regarding this document as the Redevelopment Plan for the CRA. Once the City Council approves the Plan amendments, it will be submitted to the Board of County Commissioners for approval as the Community Redevelopment Plan for the CRA. The Plan will also be submitted to Forward Pinellas and the Countywide Planning Authority for review and approval as the Special Area Plan governing Downtown. The proposed amendments to the Plan provide a timeline and funding schedule for implementation of the Goals and Objectives adopted in the Clearwater Downtown Redevelopment Plan. The proposed capital improvements and programs reinforce the City’s commitment to implementing the strategies developed from the ULI study that were incorporated in the 2018 Downtown Plan update. Based on the above, the Community Redevelopment Agency recommends APPROVAL of Ordinance No. 9169-18 which updates the 2018 Clearwater Downtown Redevelopment Plan. 4 Community Redevelopment Agency – July 16, 2017 Community Development Board – July 17, 2018 City Council – July 19, 2018 Ordinance No. 9169-18 Prepared by CRA staff: ___________________________________ Amanda Thompson CRA Director Attachments: Ordinance No. 9169-18 Exhibit A Resume Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4776 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Discuss the Community Redevelopment Agency’s Anchor Tenant Incentive Program. SUMMARY: The CRA established the Anchor Tenant Incentive Program in June 2017 to attract "anchor tenant" restaurants and breweries to Downtown Clearwater. Using restaurants as an attractor, or destination, is a commonly accepted strategy to bring in an increased number of visitors and pedestrian activity to a downtown. To date, the Anchor Tenant program has received 32 pre-applications, invited 3 full proposals and received only 1 partially complete full application. Of those 32 applications, only 2 were micro-breweries and only 7 were full service restaurants open on nights and weekends. From an administrative perspective, the program lacks clarity and a defined timeline for review. It places all the risk and burden of compliance on the tenant. The program is not working as intended. After a review of pre-applications and in-depth conversations with applicants, commercial property owners and potential tenants common barriers to implementing the Anchor Tenant program emerged. Tenants cited high rental rates, expensive building and fire code improvements, a lack of foot traffic, little knowledge of available properties for sale or lease and the perceived risk of being "first to market" as challenges. Larger and more established restaurants cited lack of adjacent parking as a challenge. Tenants are interested in establishing restaurants and other types of businesses in Downtown Clearwater. They recognize that downtown has a concentration of hi tech workers, a walkable main street, numerous special events and are excited about the implementation of Imagine Clearwater. In some cases, the rental rate in Clearwater is less than St. Petersburg and Tampa which makes this an attractive area for establishing a new business. It is recommended that the CRA repeal and replace the Anchor Tenant Incentive Program with a broader approach that brings together the CRA, property owners and tenants to establish food and/or drink businesses that are open on nights and weekends. The revised program, the Food and Drink Incentive program, focuses on establishing new businesses in the Downtown Core and Prospect Lake districts with a budget of $1 million. Currently, there are only 13 restaurants and 4 bars in these two districts that are open on nights and weekends vs. 21 restaurants that are open for lunch. This grant program incentivizes property owners to improve their buildings and reduce rent through a matching grant from the CRA. Property owners are eligible for up to $250,000 per space, which the CRA will provide on a reimbursement basis. Tenants must match the grant amount as well through business start up costs, rent payment or building improvements. The revised program includes a pre-qualification form to assist property owners and tenants in finding each other, a full application form with Page 1 City of Clearwater Printed on 7/11/2018 File Number: ID#18-4776 defined review timelines and more clarity on the required supporting information. Grant programs are more successful when education and staff assistance is included. As a companion to the grant revision, CRA staff would implement the following grant review timeline as well. Proposed Grant Process and Timeline July CRA Trustees establish the new grant program City staff forms an internal development review team of building, planning, fire, engineering and health to plan for an expedited review team for selected grantees Publicize the new grant program August CRA hosts five grant workshops for potential property owners and tenants to explain the new program Pre-Qualification Form is open for 45 days for property owners and tenants City offers property inspections to identify major code updates needed for property owners September Pre-Qualification period closes Full Application form is open for 45 days CRA publishes a list of property owners and tenants who have pre-qualified CRA hosts 3 “matchmaking” workshops CRA Director has 1 on 1 meetings with each applicant October Full application closes and staff review begins CRA Trustees vote on grant applications at the October 29th regularly scheduled hearing APPROPRIATION CODE AND AMOUNT: Funds are available in CRA Project 388-94893 Opportunity Fund Page 2 City of Clearwater Printed on 7/11/2018 1 | P a g e A. Program Overview The Community Redevelopment Agency’s (CRA) Food and Drink Incentive Program provides grant funding to commercial property owners and tenants to assist with building improvements and rent subsidy. The goal of the program is to incentivize commercial property owners in downtown to renovate their buildings to attract food and/or drink businesses that are open on nights and weekends, which in turn will help stimulate the local economy and improve quality of life for Clearwater residents and visitors. This grant requires a 50% match from the property owner and the tenant. The CRA has allocated $1 million dollars for this program and the maximum grant per tenant space is $250,000. This is a time limited grant opportunity that will begin September 3, 2018 and will end September 3, 2019 or when the funding has been exhausted. The Food and Drink Incentive Program directly promotes goals and objectives of the 2018 Clearwater Downtown Redevelopment Plan, specifically: People Goal (page 46)–Downtown shall be a place that attracts residents, visitors, businesses and their employees and enable the development of community. The City shall encourage a vibrant and active public realm, recreation and entertainment opportunities and support the community and neighborhoods. Objective 1E:Maintain Cleveland Street as Downtown’s Main Street which is valued for its historic character and pedestrian scale. Urban Design Goal (page 48) – Downtown will be a dynamic built environment of dense and livable patterns and active and attractive streets through the use of quality urban design and architecture. Objective 4D: Encourage renovation, restoration and reuse of existing historic structures to maintain the character of Downtown’s neighborhoods. The Food and Drink Incentive Program’s main objectives are as follows: Attract food and/or drink establishments that are open on nights and weekends to the Downtown Core and Prospect Lake districts to promote Downtown’s ongoing revitalization as a dining destination. Increase the number of commercial properties that can attract and accommodate food and drink tenants within the next 12 months. Improve the condition and appearance of downtown commercial buildings. Increase downtown commercial occupancy rates and property values. City of Clearwater Community Redevelopment Agency Food and Drink Incentive Program City of Clearwater CRA | Food and Drink Catalyst Program 2 B. Program Eligibility and Activities Property Owners Commercial property located in the Community Redevelopment Area’s Downtown Core and Prospect Lake districts are eligible for participation. Ad-valorem property tax exempt properties are not eligible (in cases where a portion of a property is tax-exempt, funding may be made only to the taxable portion/percentage of the property.) A property must be current in tax bills and without city liens. Property owners must commit to matching the CRA’s grant funding dollar for dollar in reduced rent and/or building improvements that will be maintained for a minimum of five years. They must secure a tenant that is a food and/or drink business that is open on nights and weekends. Grant funds are not to be used for routine maintenance and should be part of a larger scope of improvements to the leasable space. Rent Reduction A property owner may provide free or reduced rent to the tenant over a period of five years to match the CRA’s grant. The lease rate must be approved by the CRA Director which will include a review by an independent commercial real estate broker. Reduced rent qualifies for a maximum of 50% of the required match amount. The general rule of thumb for improvements that qualify towards a property owner's match is that the improvement should remain with the property and should directly benefit tenants. Eligible interior and exterior building improvements include: ADA requirements Florida Fire Protection Code Requirements Mechanicals and HVAC systems Plumbing and electrical Structure stabilization (repair and replacement of foundations, footers, load bearing walls, roofing systems) Room and space reconfiguration including wall relocations Grease traps Windows/Doors Outdoor hardscape improvements, landscape improvements and lighting Energy efficiency improvements General building or facade repairs and roof repair and replacement are NOT eligible Tenants Food and/or drink business tenants, that are open on nights and weekends, are eligible for this grant program in partnership with a commercial property owner. The tenant must match the CRA’s grant funding dollar for dollar in business start-up costs, interior and/or exterior building improvements. The tenant must have a minimum five-year lease term with the property owner. City of Clearwater CRA | Food and Drink Catalyst Program 3 Eligible business start-up costs include: Rent payments Furniture, fixtures, equipment, signage Example Grant Project: The property owner at 123 Downtown Lane has secured a tenant who wishes to establish a full service, Italian restaurant and wine tasting room. The restaurant is open Thursday-Saturday nights and offers brunch on the weekend. The wine tasting room is open from 4—7pm Tuesday – Friday and from 11am-3pm on the weekends. The proposed restaurant will be in one corner unit of a larger building. All eligible improvements are limited to that unit. The total cost of the project is $525,000. Financial Breakdown CRA: $175,000 grant to property owner paid on a reimbursement basis Property Owner: $25,000 in rent subsidy (up to $75,000 would be eligible) $150,000 in buildout costs including a grease trap, upgrades to the fire protection system and ADA bathroom Total Match: $175,000 Tenant: $50,000 in furniture $75,000 in kitchen equipment $25,000 for rent payments $25,000 for signage and lighting Total Match: $175,000 C. Grant Process: There are three phases to this grant program, Pre-Qualification for Owners and Tenants, Full Application Submission and Review and Project Implementation. The grant program timeline is available at www.downtownclearwater.com Pre-Qualification for Owners and Tenants The purpose of the Pre-Qualification review is to ensure that property owners and prospective tenants meet the minimum eligibility requirements to participate in the grant program. Each potential owner/tenant grant applicant must submit the Pre-Qualification form for review and approval by the CRA Director prior to submitting a full grant application. Full Application Submission and Review After a successful Pre-Qualification, property owners and tenants may jointly submit a full grant application for review. City of Clearwater CRA | Food and Drink Catalyst Program 4 1. Applicants set up a meeting with CRA staff to review the full application requirements which includes a review of the tenant's business model, eligible improvement activities and a proposed scope of work and budget. 2. Property Owner and Tenant submit a full application. 3. Application is reviewed within 15 days of submission for completeness and accepted or returned with comments by CRA Director. 4. Once an application is determined complete by the CRA Director, the grant request will be heard at the next available CRA Board hearing. Each application will be reviewed by an internal staff committee including the CRA Director, Planning Director, Building Official, City Attorney, Assistant City Manager and Economic Development Director according to the following criteria: Consistency with the goals of the Downtown Redevelopment Plan. Feasibility of the proposed scope of services and timeline. Clear definition of a target audience and marketing plan. Tenant track record and business experience. Ability to provide an experience that does not exist in Downtown presently. 5. All Food and Drink Incentive grant requests require the approval of the CRA Trustees. The CRA Director shall prepare a recommendation for the trustees based on the internal staff committee’s review. Project Implementation After the grant is approved by the CRA Trustees, the grantee may begin their project. 1. The CRA executes the grant agreement, which includes a payment schedule and project milestones. Submission of receipts, invoices and other appropriate documentation will be required for payment. 2. All necessary permits and approvals are obtained from the City of Clearwater before work is commenced. All work is to be performed by a licensed and insured contractor; all work must comply with the Downtown Design Guidelines of the City of Clearwater Code of Ordinances and be properly permitted by the City of Clearwater Development Services Department. 3. Applicant completes a Grant Completion Form which includes AFTER pictures of the project, a copy of the Certificate of Occupancy and any final invoices for payment. D. Next Steps If you are interested in learning more about the Food and Drink Incentive Program, please visit downtownclearwater.com or contact Anne Fogarty France at anne.fogarty-france@myclearwater.com Thank you for your interest in Downtown Clearwater and the Food and Drink Incentive Program. To start the process please complete this Pre-Qualification Form. Please email the completed form to anne.fogarty- france@myclearwater.com. City staff will review this form and follow-up with you within 10 business days to discuss your eligibility for the incentive program. CONTACT INFORMATION Applicant Name ____________________ Phone Number ____________________ Email Address ____________________ This section is for property owners 1. What is the address of the property/space you wish to lease to a restaurant? ________________________________________________________________________ 2. Is the address above commercial property in the Downtown Core or Prospect Lake districts? Y or N 3. Are you willing to lease to a food and/or drink establishment that is open on nights and weekends for a minimum of five years? Y or N 4. Does the property have any outstanding code violations? City liens? Outstanding tax bills? Y or N 5. What amount of grant funding are you seeking? The maximum request is $250,000. _______________________________________ 6. How will you meet the 50% required match for the grant? (Note that subsidized rent is only eligible for up to 50% of the required match). Please describe your matching proposal below _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 7. Please describe the space that you wish to rent. What is the condition of the space, the total floor area and current lease rate? Does it currently contain kitchen equipment? A grease trap? _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ City of Clearwater Community Redevelopment Agency Food and Drink Incentive Program Pre-Qualification Form City of Clearwater CRA | Food and Drink Incentive Program | Pre-Qualification 2 This section is for tenants 1. Proposed Business Name __________________________________________________________ 2. Briefly describe your business concept for Downtown Clearwater including operating hours, the type of patrons you wish to attract and the type food and/or drink you will serve. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________________ 3. What amount of grant funding are you seeking? The maximum request is $250,000. _______________________________________ 4. How will you meet the 50% required match for the grant? (Note that the CRA funds will go directly to the property owner on a reimbursement basis). Please describe your matching proposal below _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 5. Please describe the space that you wish to lease. What is the total floor area and other amenities you would like to be provided? _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 5. What is your desired timeframe for opening your business? ____________________________________ Thank you! To review the Food and Drink Incentive Program description, please visit www.downtownclearwater.com. Please Note: Florida has a very broad Public Records Law. Most written communications to or from City Officials and employees regarding City business are public records available to the public and media upon request. Your written communications, including your email address, may therefore be subject to public disclosure, unless otherwise exempt by the Public Records Law. City of Clearwater CRA | Food and Drink Incentive Program | Pre-Qualification 3 For staff use only 1. Date Form Received: 2. Date of Staff Review: 3. The Pre-Qualification Form is Complete Incomplete 4. Date Applicant was notified of a decision: I.Applicant and Property Information Date of Application:____________________ Name of Property Owner:____________________ Name of Tenant:____________________ Property Address:____________________ Telephone Number:____________________ Cell Number:____________________ Email Address:____________________ Date Application Review Meeting with CRA Staff: __________________________ II.Project Summary Name, Description and operating hours of the food and drink business: _______________________________________________________________________________________ _______________________________________________________________________________________ ____________________________ Total Project Cost: $____________________ Amount of Grant Funds Requested:$____________________ III.Project Description and Grant Match Community Redevelopment Agency Food and Drink Incentive Program Application City of Clearwater CRA | Anchor Tenant Incentive Program 2 1. Please attach a scope of work, an estimated timeline and description of how the grant funds will be invested. Please attach two bids for the proposed scope of work. Bid One / Contractor Name:____________________ Bid Amount:$____________________ Bid Two / Contractor Name:____________________ Bid Amount:$____________________ 2. Please describe how the property owner will meet the 50% grant match. 3. Please describe how the tenant will meet the 50% grant match. 4. How will you ensure this project stays within the costs and timeline described in your proposal? 5. Who is your ideal patron for this business? How will you market to them? 6. How is your business different than what exists in Downtown Clearwater today? IV.Additional Documentation Required Copy of Pre-Qualification Applications. BEFORE photos of the site. Proof of property ownership. Copy of the lease. Documentation indicating that all property tax payments are current. Proof of property insurance. Two bids from licensed contractors with itemized cost estimate of the project. V.Applicant Certification and Signature I certify that the information provided in this application is true and accurate to the best of my ability and no false or misleading statements have been made in order to secure approval of this application. Applicant Signature ____________________ Print Name ____________________ Date ____________________ VI.Property Owner Authorization As the property owner, I hereby authorize the applicant as identified above to undertake the activities specified in this application. City of Clearwater CRA | Anchor Tenant Incentive Program 3 Property Address ____________________ Property Identification Number ____________________ Owner Signature ____________________ Print Name ____________________ Date ____________________ For Staff Use Only Date Application Received: Date of Staff Review: Scheduled CRA Trustee Hearing Date: Staff Recommendation: Recommend Approval Recommend Approval with modifications Recommend Denial TM? Downtown' s Restaurants N OSCEOLAAVESOSCEOLAAVE 111 HENDRICKS ST tLi LAURA ST 0Oy 22 j 01 T4 N GARDENAVE DREW ST S GARDENAVE f ac yam\ yam\ yam\ ya as ca a ° a y o b ao\° ry as\ bry' \ ry°'' 0y yr0 yJgr yJyr o yo • e . 4s fir a4iG e < 4' .( ra ycc' ria 20 PAST S GARDENAVE 26 GROVE ST HS EASTAVE N MYRTLEAVE 23 MSB PIERCE ST y yam\ ya . 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IRAT TO 9. 101 Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: ( 727) 562- 4750, Fax: ( 727) 526- 4755 www. MyClea rwater. com City of Clearwater N W c s Saler N. T. S. MapGen By: WD Reviewed By: TM Date: 7/ 13/ 2018 Document Path: V \ GIS \_ StaMVadetta\ Restaurants\ DowntownSResteuranto. mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4779 Agenda Date: 7/16/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Discuss ClearSky and Pour Yours grant funding requests. SUMMARY: At the request of City Council, CRA staff has researched and reviewed requests for CRA grant funding by two downtown businesses, ClearSky and Pour Yours. The CRA has three grant programs - the Anchor Tenant Incentive Program established in June 2017, the Sidewalk Cafe Grant Program established in 2004, and the Facade Grant Program established in 2004 and amended in 2018. Each grant program requires the business or property owner to apply for the grant and receive approval prior to opening their completing the grant activities. ClearSky ClearSky pulled a building permit on August 23, 2016 and opened in June 2017 in Downtown Clearwater. A full search of written and email records showed that CRA staff emailed the restaurant operator, Dan Shouvlin, an application for the Facade Grant Program. Mr. Shouvlin did not apply for any CRA grant programs. There are no written records that discussed providing CRA funding to ClearSky. Pour Yours Pour Yours submitted a Pre-Application for the Anchor Tenant Incentive Program on January 29, 2018. The CRA Director reviewed the pre-application and met with the business owner in February 2018 to discuss the concept. Pour Yours is a wine tasting lounge with a tapas menu provided by the adjacent restaurant. The CRA Director did not invite a full application from the business since it did not meet the program guidelines of a "destination restaurant" or "brewery." The owner of Pour Yours was informed at the meeting with the CRA Director that the concept did not qualify for an anchor tenant grant. Pour Yours opened for business in May 2018. Page 1 City of Clearwater Printed on 7/11/2018