FOOD AND DRINK BUSINESS TENANT GRANT PROGRAM GRANT AGREEMENT - POUR YOURS HOLDINGS LLCFOOD AND DRINK BUSINESS TENANT GRANT PROGRAM
GRANT AGREEMENT
522 CLEVELAND STREET, CLEARWATER, FL 33755
POUR YOURS HOLDINGS, LLC
THIS AGREEMENT, entered into this -'" day of F-Q6.nratia % , 2019, by and
between the Community Redevelopment Agency of the City of Clearwater, Florida
(hereinafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748,
a public body corporate and politic of the State of Florida, and Pour Yours Holdings,
LLC whose address is 522 Cleveland St., Clearwater, FL 33755 (hereinafter
"Grantee").
WITNESSETH
WHEREAS, the CRA has committed CRA funds to be applied to the recruitment
and relocation of businesses to the Community Redevelopment Area (CRA
Redevelopment Incentive Funding); and
WHEREAS, the CRA adopted the Food and Drink Business Tenant Grant Program
to provide limited financial support to tenants who meet the CRA's redevelopment
strategy for downtown but were not eligible to participate in the former Anchor Tenant
incentive program; and
WHEREAS, the CRA also adopted the Food and Drink Business Tenant Grant
Program to sustain food and drink establishments that are open on nights and
weekends in the CRA to promote downtown's ongoing revitalization as a dining
destination; and
WHEREAS, the Grantee is a downtown drink establishment open on nights and
weekends in the CRA that was otherwise not eligible to participate in the former Anchor
Tenant incentive program but who does meet the CRA's redevelopment strategy for
downtown; and
WHEREAS, the Grantee is requesting assistance with the costs of improvements to
the building it is leasing, new fixtures, new furnishings, and signage;
NOW THEREFORE, in consideration of the premises, the mutual covenants, and
promises contained herein, and other good and valuable consideration, the Grantee and
the CRA agree and covenant each with the other as follows:
A. GENERALLY
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. The Grantee hereby certifies that it is the tenant under a two-year Lease Agreement
dated 2/1/2018, of 522 Cleveland St., Clearwater, FL 33755 ("the Property"), a
copy of which is attached hereto as Exhibit A.
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3. In order for the Property to be usable for the proposed bar use, certain
improvements described in Exhibit B attached hereto, were required to be made.
B. PROGRAM FUNDING
1. The grant amount to the Grantee is $30,000.00.
2. The funds shall be provided in the form of a two-year grant with an initial
$15,000.00 disbursed upon execution of this agreement and an additional
$15,000.00 disbursed on the one-year anniversary date ("the Anniversary Date") of
this agreement, provided that the Grantee is still operating as a food or drink
business at the Property that is open a minimum of Wednesday through Saturdays
from 5:00 p.m. until 10:00 p.m. on the Anniversary Date.
3. Grant funds shall be paid for satisfactorily completed Work. Grant funds will be for
reimbursed upon evidence of payment submitted to CRA. The Grantee shall submit
Contractor invoices to the CRA, in a format acceptable to the CRA, along with
evidence of payment for processing and reimbursement.
4. The Project may not be altered, modified, removed or demolished without prior
written approval of the CRA. In addition, the business may not be demolished, sold,
or otherwise transferred without prior CRA approval. Any of these actions may
result in a repayment/reimbursement of the subject funds to the CRA by the
Grantee.
5. The Grantee agrees that it will not be entitled to the additional $15,000.00 in grant
funds if it is not operating as a food or drink business at the Property that is open a
minimum of Wednesday through Saturdays from 5:00 p.m. until 10:00 p.m. on the
Anniversary Date.
6. The Grantee agrees to repay the CRA the grant funds if it fails to perform any of the
covenants or agreements contained in the approved Application, or this Agreement
(incorporated documents included). CRA may terminate this contract immediately if
the Grantee fails to cure a default after written demand of CRA within a period of
fifteen (15) days.
C. TERM OF AGREEMENT
1. The term of the agreement shall be two years from execution of this agreement.
The executed Agreement represents the CRA's approval of the grant to the
Grantee.
D. DEFAULT BY GRANTEE
This grant may be terminated in its entirety or disbursement of grant funds may be
withheld for the following, which shall constitute a default under this Agreement:
Failure to maintain the improvements, as determined by the CRA in its sole
discretion, for a period equal to the term of the grant.
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E. MISCELLANEOUS PROVISIONS
1. This Agreement provides neither a representation nor assurance that the Project
can be developed and carried through to completion by the Grantee at the property
herein described. The intent of the Agreement is to provide a mutually agreed upon
framework by which the CRA will provide grant funds to the Grantee, provided that
all requirements have been and remain satisfied.
2. To the extent permissible by law, the Grantee hereby expressly waives any cause
of action they may have arising from or pertaining to the provisions of Florida
Statute 520.60, et seq., with respect to the City or the CRA.
3. No member, officer or employee of the City, CRA or its designees or agents, and no
other public official of such locality who exercises any functions or responsibilities
with respect to this agreement during his tenure or for one year thereafter shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with this contract.
4. This Agreement shall be governed by the laws of the State of Florida, and venue
shall be in Pinellas County.
5. Should any section or part of any section of this Agreement be rendered void,
invalid, or unenforceable by any court of law, for any reason, such a determination
shall not render void, invalid, or unenforceable any other section or any part of any
section in this Contract.
6. This Agreement is non -assignable by either party and constitutes the entire
Agreement between the Grantee and CRA and all prior or contemporaneous oral
and written agreements or representations of any nature with reference to the
subject of the agreement are canceled and superseded by the provisions of this
agreement.
IN WITNESS WHEREOF, the Grantee and CRA have executed or caused these
presents to be executed by its respective authorized representatives to be effective as
of the day and year first above written. This Agreement is executed in two original
copies of which one is to be delivered to the Grantee and one to the CRA.
Approved as to form:
''. 3-,u•,'vt
,<,
Michael P. Fuino
Assistant City Attorney
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos
Chairperson
Attest: �]
t'4 Lfl&LL L
Rosemarie CaII
City Clerk
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OMENi"���%1
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GRANTEE: Pour Yo rs Holdings, L C
By:
Lina Teixeira
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
e foregoing instrument was acknowledged before me this 1 day of
, who is personally known to me or who has produced a
drivers licee as identification.
My Commission expires: 5
Notary Public
.1,40,‘ Notary Public State of Flanda
Anne J Fogarty France
%Iw ; My Commission GG 207014
Expires 05/24/2022
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