Loading...
05/13/2019Monday, May 13, 2019 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Community Redevelopment Agency Meeting Agenda May 13, 2019Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the April 15, 2019 CRA Meeting Minutes 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 purchase of surplus real property owned by the City of Clearwater, located at 115 S. Martin Luther King Jr. Ave, with a purchase price of $300,549.11 and authorize the appropriate officials to execute same. 4.2 Approve the purchase of surplus real property located at the southwest Corner of Cleveland St. and S. Dr. Martin Luther King Jr. Avenue, legally described as the North 282.5 feet of the East 50 feet of Block 5, according to the plat of Sarah McMullen’s Subdivision, as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida; together with all that part of the West 90 feet of the East 110 feet of the Northwest ¼ of the Northwest ¼ of Section 15, Township 29 South, Range 15 East, which lies between Eastwardly projections of the North and South Boundaries of the part of said Block 5 thus defined, less and except any road rights-of-way, with a purchase price of $346,782.89; and authorize the appropriate officials to execute same. 4.3 Approve the purchase of surplus real property located at the Southwest Corner of Prospect Avenue and Park Street, legally described as Tract 3 of the Plat Mediterranean Village in the Park, as recorded in Plat Book 125, Pages 44-46 of the Public Records of Pinellas County, Florida, with a purchase price of $260,000 and authorize appropriate officials to execute same. 4.4 Amend the time-limited CRA Food and Drink Grant Program for property owners to extend the program to September 30, 2019 for those who pre-qualified for the program and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 5/9/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6054 Agenda Date: 5/13/2019 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the April 15, 2019 CRA Meeting Minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/9/2019 Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, April 15, 2019 9:00 AM Council Chambers - Main Library Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater Roll Call Present 5 - Chair George N. Cretekos, Trustee Bob Cundiff, Trustee Hoyt Hamilton, Trustee David Allbritton, and Trustee Jay Polglaze Also Present – William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Interim CRA Executive Director, Pamela K. Akin – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Chair Cretekos The meeting was called to order at 9:35 a.m. in Council Chambers at the Main Library. 2. Approval of Minutes 2.1 Approve the minutes of the March 18, 2019 CRA meeting as submitted in written summation by the City Clerk. Trustee Allbritton moved to Approve the minutes of the March 18, 2019 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 Bill Jonson said HR&A was paid $125,000 for a conceptual plan of Coachman Park because the City wanted a plan that would receive the citizenry's endorsement at referendum. Until recently, the process welcomed public interaction; he suggested holding a public workshop regarding the details that will be discussed at the special work session this afternoon. Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater 4. New Business Items 4.1 Approve the CRA Food and Drink Grant Program for Property Owners Full Application submitted by Mainstreet Clearwater Development LLC for interior building improvements at 412 Cleveland Street and authorize staff to negotiate a Loan to Grant Agreement. At the October 29, 2018 CRA meeting, the Trustees approved a time limited, grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts in the Community Redevelopment Agency (CRA) area. On November 30, 2018, Mainstreet Clearwater Development LLC submitted their pre-qualification form with a list of building improvements for preliminary grant approval to convert their retail space into a restaurant. Property owners must commit, at a minimum, to matching the CRA’s grant funding dollar for building improvements that will be maintained for a minimum of five years. Eligible interior and exterior building improvements that were submitted included; HVAC system, grease trap, hood system, kitchen, bar, bathrooms, floors, walls, lighting, finishes and walk in wine cooler. Mainstreet Clearwater Development LLC secured an eight-year lease with Starson LLC for Roxy’s, a food and drink business that will be open nights and weekends and submitted their full application on March 1, 2019. On March 29, 2019, the application was reviewed by an internal staff committee that included the Interim CRA Director, Planning Director, Building Official and Assistant City Attorney according to the following criteria: • Consistency with the goals of the Downtown Redevelopment Plan. • Feasibility of the proposed scope of services and timeline. • Ability to provide an experience that does not exist in Downtown presently. • Ability to meet the legal and financial requirements of the grant program. The committee found that the application met the criteria and recommends approval of the application in the amount of $238,110.41. If this amount is approved, the Legal Department will negotiate a loan to grant agreement which will be sufficiently securitized to forgive grant over a 5-year period. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA project 3887552-94893, Opportunity Fund. In response to questions, Downtown Manager Anne Fogarty-France said the hours of operation will be 11:00 a.m. to 2:00 a.m., Wednesdays through Saturdays. The restaurant will offer a small plate option for all Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater entrees, healthy lunch options, a wide selection of domestic and imported beers, wines from global regions, and online food pickup and delivery service. The applicant provided all required documentation with the submitted grant application. Ms. Fogarty-France said the tenant owns two restaurants, one in Pass-a-Grille and St. Pete Beach, and lives in the Harbor Oaks area. The restaurants have been open for over 10 years. Interim CRA Executive Director Micah Maxwell said the grant program requires the applicant to be open Wednesdays through Saturdays evenings. A concern was expressed that the Trustees were not provided a copy of the supporting documents required of the grant application. Trustee Allbritton moved to approve the CRA Food and Drink Grant Program for Property Owners Full Application submitted by Mainstreet Clearwater Development LLC for interior building improvements at 412 Cleveland Street and authorize staff to negotiate a Loan to Grant Agreement. The motion was duly seconded and carried unanimously. 4.2 Deny the CRA Food and Drink Grant Program for Property Owners Full Application submitted by Clearwater Tower LLC for interior building improvements at 33 N. Garden Avenue. At the October 29, 2018 CRA meeting, the Trustees approved a time limited, grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts in the Community Redevelopment Agency (CRA) area. On November 16, 2018, Clearwater Tower LLC submitted their pre-qualification form with a list of building improvements for preliminary grant approval to convert an office space into a coffee shop/cafe. Property owners must commit, at a minimum, to matching the CRA’s grant funding dollar for building improvements that will be maintained for a minimum of five years. Eligible interior and exterior building improvements that were submitted included; update to HVAC system, plumbing & electrical and build out of a coffee shop on lobby floor of building which will have outside seating facing Garden Avenue. Clearwater Tower LLC secured a lease with Clearwater Tower LLC d/b/a Urban Coffee & Bakery and submitted their full application on March 1, 2019. On March 29, 2019, the application was reviewed by an internal staff committee that included the Interim CRA Director, Planning Director, Building Official and Assistant City Attorney according to the following criteria: Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater • Consistency with the goals of the Downtown Redevelopment Plan. • Feasibility of the proposed scope of services and timeline. • Ability to provide an experience that does not exist in Downtown presently. • Ability to meet the legal and financial requirements of the grant program. The committee found that the application did not meet the criteria. The coffee shop will initially not be open from Wednesdays to Saturdays from 5 - 10 p.m. nor does it have the ability to provide an experience that does not exist in Downtown presently and recommends denial of the application for the grant. In response to questions, Downtown Manager Anne Fogarty-France said the applicant was awarded a Façade Grant. The applicant has not submitted an Outdoor Furniture Grant application. Interim CRA Executive Director Micah Maxwell said the applicant is not interested in staying open nights and weekends. The application period for the grant program has closed; the Trustees would have to extend the program in order for past applicants to reapply. Trustee Cundiff moved to deny the CRA Food and Drink Grant Program for Property Owners Full Application submitted by Clearwater Tower LLC for interior building improvements at 33 N. Garden Avenue. The motion was duly seconded and carried unanimously. 5. Director's Report Interim CRA Executive Director Micah Maxwell said Downtown Manager Anne Fogarty-France met with the individuals who pre-qualified for the incentive program to discuss the program. They identified the following obstacles: • the brokers and tenants were used to working in more suburban areas, such as St. Petersburg • the unfinished/vacant spaces received negative comments • Downtown is an unproven market • Tenants want free parking He said staff believes the concerns regarding the tight timelines to secure the tenants can be extended; the landlords/owners struggled to secure tenants within the 6-month period. Mr. Maxwell said the program was created to finish some of the unfinished spaces to a certain extent. If a new program is created, staff will need several months to build the program for an October start date. Staff recommends extending the grant program to those who pre-qualified if a new grant program is pursued. Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater Staff believes continued marketing efforts will help with the public perception of Downtown; an incentive program alone will not fix the perception problem. Mr. Maxwell said the use of CRA funds for r-o-w and utility improvements to better equip buildings may be possible; he expressed a concern that improvements beyond the meters could not occur without the property owner's consent. The Downtown Plan includes budgeted utility and r-o-w upgrades. Staff will present the final results of the parking study in May. Discussion ensued with a suggestion made to extend the existing program to those who have already applied to see if they qualify and have staff work on a new incentive program. In response to a question, Mr. Maxwell said the CRA has incentive funds available that are not program related; anyone can make a request of the CRA. Staff would present the request to the CRA who will determine if it should be funded. The funds are not defined and open-ended. Information regarding the incentive funds are available on the CRA website. It was suggested that a press release regarding the incentive funds be issued. Mr. Maxwell said if the program is extended, staff will come back with an agenda item to extend the program. There is approximately $520,400 remaining. There was consensus to extend the Food and Drink Grant Program for those who have already applied. Mr. Maxwell said staff is working with the applicant at 115 Martin Luther King, Jr. Avenue. Because the applicant wants to stay within the footprint of the building, the project is possible and permissible. Staff is determining what a deal would look like; staff hopes to present the item to the Trustees within the next two meetings. Trustee Cundiff left Chambers at 10:17 a.m. and returned at 10:20 a.m. In response to a concern, City Manager Bill Horne said staff will bring the item to the Trustees as quickly as it can. The City Attorney said an individual Trustee should not meet with the applicant due to the Sunshine Law; a Trustee should not have access that the rest of the CRA does not Draft Community Redevelopment Agency Meeting Minutes April 15, 2019 Page 1 City of Clearwater have. Trustees should have access to the application. Mr. Maxwell said staff received one response to the Fire Station 45 property Letter of Interest; staff will present the item next month. 6. Adjourn The meeting adjourned at 10:27 a.m. Chair Community Redevelopment Agency Attest City Clerk Draft Citizen Comment Card Name: /OS G) Address: `77 (/ City P Zip: 3 317C, / Telephone Number: % 7 157 - Email Address: LL, L /(JS ()''U<) it1/ 7 -- SpeakingSpeaking under citizens to be herd re items not on the agenda? Agenda item(s) to which you wish to speak. C CiT/z fib C/W X 7-.S What is your position on the item? For Against Citizen Comment Card Name: I U'Lni-ct Address:4(39 ill -i ler' / 11/) ilr . /Vie City: C _ bodt or Zip. Telephone Number: 727 Si Email Address:-iCLrK).Fla Mr I DCS ip T Speaking under citizens to be heard re items not on the agenda?tal Agenda item(s) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6137 Agenda Date: 5/13/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the purchase of surplus real property owned by the City of Clearwater, located at 115 S. Martin Luther King Jr. Ave, with a purchase price of $300,549.11 and authorize the appropriate officials to execute same. SUMMARY: In October 2003, the City of Clearwater acquired the subject property via Warranty Deed, as recorded in O.R Book 13185, Page 1820. et. seq., Public Records of Pinellas County, Florida. An independent appraisal was performed on the property on April 18, 2018 by Jim Millspaugh and Associates. The appraisal report determined that the fair market value of the property is $415,000.00. At the April 4, 2019 council meeting, the Council approved the declaration of surplus real property to be purchased by the Community Redevelopment Agency in the amount of $300,549.11. The City Finance Director and the CRA Director have mutually agreed to the purchase price as said purchase price will make the City whole as to its investment in the property. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA capital improvement project 3887552-94714, to fund this purchase. Page 1 City of Clearwater Printed on 5/9/2019 1 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA COMMUNITY REDEVELOPMENT AGENCY PARTIES:THE CITY OF CLEARWATER, a municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (herein "Seller" or “City”), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (herein "Buyer" or “CRA”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION Lots 16, 17, 18, 19 and 20, o the corrected plat of a subdivision of the West 260.4 feet of Lot 2, of R.H. Padgett’s Subdivision of the SE ¼ of the NW ¼ of Section 15, Township 29 South, Range 15 East, according to map or plat thereof as recorded in Plat Book 4, Page 41 of the Public Records of Pinellas County, Florida; ALSO that part of Lot 24, corrected plat of subdivision of the West 260.4 feet of Lot 2, of R.H. Padgett’s Subdivision of the SE ¼ of the NW ¼ of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 4, Page 41 of the Public Records of Pinellas County, Florida, described as follows: BEGIN at the NW corner of said Lot 24, R.H. Padgett’s Subdivision, for a port of beginning; run thence S89°11’47” E, 79.50 feet; thence along a curve to the right whose chord is S81°33’13”W, 80.37 feet, and whose arc is 80.6 feet, and whose radius is 599.02 feet; thence N00°01’46” E, 12.92 feet to the point of beginning; and a parcel of land described as follows: BEGIN at the SW corner of Lot 20, corrected plat of subdivision of the West 260.4 feet of Lot 2, of R.H. Padgett’s Subdivision of the SE ¼ of the NW ¼ of Section 15, Township 29 South. Range 15 East, as recorded in Plat Book 4, Page 41 of the Public Records of Pinellas County, Florida; run thence S89°11’47” E, along the South line of said Lot 20, 130.2 feet to the SE corner of said Lot 20; thence S00°01’46” W, 18.60 feet; thence along a curve to the left whose chord is S79°38’28” W, 22.86 feet and whose arc is 22.93 feet, and whose radius is 659.02 feet; thence along a curve to the right whose chord is S76°58’19” W, 29.26 feet and whose arc is 29.33 feet; and whose radius is 699.02 feet; thence N89°11’47” W, along the North line of Lot 24, R.H. Padgett’s Subdivision, 79.50 feet of the NW corner of said Lot 24; thence N00°01’46” E, 30.0 feet to the point of beginning. AND South 18 feet of Lot 10, Mattison Square, according to the map or plat thereof, recorded in Plat Book 5, Page 66, Public Records of Pinellas County, Florida. AND Lot 15 of Corrected Plat of Subdivision of West 260.4 feet of Lot 2, R.H. Padgett’s Subdivision, according to the map or plat thereof, recorded in Plat Book 4, Page 41, Public Records of Pinellas County, Florida. Less and Except: Lots 15, 16 and 17 of the Corrected Plat of a Subdivision of the West 260.4 feet of Lot 2 of R.H. Padgett’s Subdivision of the SE ¼ of the NW ¼ of Section 15, Township 29 South, Range 15 East, according to the map or plat thereof as recorded in Plat Book 4, Page 41 of the Public Records of Pinellas County, Florida, less the West 22.50 feet thereof, together with the South 18 feet of Lot 10, Mattison Square, according to the map or plat thereof as recorded in Plat Book 5, Page 66 of the Public Records of Pinellas County, Florida; less the West 24.28 feet thereof. AND South 32 feet of West 150 feet of Lot 3 and North 18 feet of West 150 feet of Lot 6, and the North 298 feet of West 150 feet of Lot 3, and East 157 feet of West 307 feet, less South 100 feet of Lot 3, all in R.H. Padgett’s Subdivision, according to the map or plat thereof, recorded in Plat Book 5, Page 27, of the Public Records of Hillsborough County, Florida, of which county Pinellas was once a part, and revised map recorded in Plat Book 4, Page 32, public records of Pinellas County, Florida. AND The South 50 feet of the North 150 feet of the West 150 feet of Lot 6 of R.H. Padgett’s Subdivision of the Southeast quarter of the Northwest quarter of Section 15, Township 29 South, Range 15 East, according to the plat thereof recorded in Plat Book 5, Page 27 of the Public Records of Hillsborough County, Florida. Such property also being according to a more recent plat thereof as recorded in Plat Book 4, Page 32, public records of Pinellas County, Florida. AND The South eighty-two (82) feet of the North one hundred (100) feet of the West one hundred fifty (150) feet of Lot six (6) of R.H. Padgett’s Subdivision, according to the map or plat thereof as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County, Florida. Commonly referred to as 115 S. Martin Luther King Jr. Ave., Clearwater, FL Real Property ID No: 15-29-15-65214-002-0180 PERSONALTY: NONE 2. FULL PURCHASE PRICE ...........................................……………………………….… $300,549.11 3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations between the City’s staff and the CRA’s staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Buyer shall, at Buyer’s expense and within 20 days prior to closing date secure a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days from receiving evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 120 days of the effective date unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Transaction is exempt from documentary stamp tax per Florida Administrative Code Section 12B- 4.014(10). Seller shall pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters from each tenant specifying the nature and duration of the tenant’s occupancy. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection:Buyer may, at Buyer expense within 60 days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property “as is”, together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Buyer’s attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker, except as provided for in paragraph 20. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this _____ day of ________________________, 2019 by Buyer. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _____________________________ George N. Cretekos Chairperson, Board of Trustees Approved as to form:Attest: ____________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2019. THE CITY OF CLEARWATER, FLORIDA _____________________________By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form:Attest: _____________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6138 Agenda Date: 5/13/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve the purchase of surplus real property located at the southwest Corner of Cleveland St. and S. Dr. Martin Luther King Jr. Avenue, legally described as the North 282.5 feet of the East 50 feet of Block 5, according to the plat of Sarah McMullen’s Subdivision, as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida; together with all that part of the West 90 feet of the East 110 feet of the Northwest ¼ of the Northwest ¼ of Section 15, Township 29 South, Range 15 East, which lies between Eastwardly projections of the North and South Boundaries of the part of said Block 5 thus defined, less and except any road rights-of-way, with a purchase price of $346,782.89; and authorize the appropriate officials to execute same. SUMMARY: In August 2018, the City of Clearwater acquired the .73-acre unimproved lot via a multi-property land swap. An independent appraisal was performed on the property on March 21, 2018 by Jim Millspaugh and Associates. The appraisal report determined that the fair market value of the property is $640,000.00. At the April 4, 2019 council meeting, the Council approved the declaration of surplus real property to be purchased by the Community Redevelopment Agency in the amount of $346,782.89 CRA and city staff recommends, the CRA purchases the property from the City with a sales price of $364,782.89. The City Finance Director and the CRA Director have mutually agreed to the purchase price as said purchase price will make the City whole as to its investment in the property. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA capital improvement project 3887552-94714, Downtown Redevelopment Fund, to fund this purchase. Page 1 City of Clearwater Printed on 5/9/2019 1 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA COMMUNITY REDEVELOPMENT AGENCY PARTIES:THE CITY OF CLEARWATER, a municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (herein "Seller" or “City”), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (herein "Buyer" or “CRA”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION The North 282.5 feet of the East 50 feet of Block 5, according to the plat of Sarah McMullen's Subdivision, as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida; together with all that part of the West 90 feet of the East 110 feet of the Northwest 1/4 of the Northwest 1/4 of Section 15, Township 29 South, Range 15 East, which lies between Eastwardly projections of the North and South Boundaries of the part of said Block 5 thus defined, less and except any road rights- of-way. Real Property ID No: 15-29-15-53928-005-0011 PERSONALTY: NONE 2. FULL PURCHASE PRICE ...........................................……………………………….… $346,782.89 3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations between the City’s staff and the CRA’s staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Buyer shall, at Buyer’s expense and within 20 days prior to closing date secure a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days from receiving evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 120 days of the effective date unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Transaction is exempt from documentary stamp tax per Florida Administrative Code Section 12B- 4.014(10). Seller shall pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters from each tenant specifying the nature and duration of the tenant’s occupancy. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection:Buyer may, at Buyer expense within 60 days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property “as is”, together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Buyer’s attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker, except as provided for in paragraph 20. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this _____ day of ________________________, 2019 by Buyer. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _____________________________ George N. Cretekos Chairperson, Board of Trustees Approved as to form:Attest: ____________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2019. THE CITY OF CLEARWATER, FLORIDA _____________________________By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form:Attest: _____________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6139 Agenda Date: 5/13/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve the purchase of surplus real property located at the Southwest Corner of Prospect Avenue and Park Street, legally described as Tract 3 of the Plat Mediterranean Village in the Park, as recorded in Plat Book 125, Pages 44-46 of the Public Records of Pinellas County, Florida, with a purchase price of $260,000 and authorize appropriate officials to execute same. SUMMARY: In July 1999, the City of Clearwater acquired, via a HUD grant (Grant), the .41-acre property along with 3 other parcels to utilize in the Prospect Lake Project for Stormwater utilities. The City was able to complete the Prospect Lake Project on less land than originally expected, resulting in excess land being encumbered by the Grant restrictions. To free up the land for redevelopment, the prorated portion of the Grant needed to be reimbursed to HUD. The City has reimbursed HUD a net expenditure of $82,774.68 for this property and is now free of any HUD restrictions or obligations. At the April 4, 2019 council meeting, the Council approved the declaration of surplus real property located at the Southwest Corner of Prospect Ave. and Park Street to be purchased by the Community Redevelopment Agency in the amount of $260,000 per the appraisal report. The CRA’s intent is to issue a Request for Proposals to seek redevelopment opportunities for the site. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA capital improvement project 3887552-94714, Downtown Redevelopment Fund, to fund this purchase. Page 1 City of Clearwater Printed on 5/9/2019 1 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA COMMUNITY REDEVELOPMENT AGENCY PARTIES:THE CITY OF CLEARWATER, a municipal corporation whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (herein "Seller" or “City”), and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (herein "Buyer" or “CRA”), whose post office address is P.O. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION Tract 3 of the Plat Mediterranean Village in the Park, as recorded in Plat Book 125, Pages 44-46. PERSONALTY: NONE 2. FULL PURCHASE PRICE ...........................................……………………………….… $260,000.00 3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing 4. PURCHASE PRICE The full Purchase Price as shown herein has been reached through negotiations between the City’s staff and the CRA’s staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to Buyer in writing within 10 days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. 7. TITLE EVIDENCE Buyer shall, at Buyer’s expense and within 20 days prior to closing date secure a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days from receiving evidence of title to examine it (Title Examination Period). If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 120 days of the effective date unless extended by other provisions of this contract including but not limited to time allotted for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. 11. CLOSING EXPENSES Transaction is exempt from documentary stamp tax per Florida Administrative Code Section 12B- 4.014(10). Seller shall pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196, Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract. Seller shall, at Buyer’s request, furnish Buyer copies of all written leases and estoppels letters from each tenant specifying the nature and duration of the tenant’s occupancy. 15. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 21 (“SELLER WARRANTIES”) and marketability of title. Buyer’s covenant to purchase the Property “as is” is more specifically represented in the following paragraph. a. As Is With Right of Inspection:Buyer may, at Buyer expense within 60 days following the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Upon Seller’s execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the Buyer’s sole discretion, if Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. RISK OF LOSS If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either taking the Property “as is”, together with any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 18. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Buyer’s attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2014), as amended. 19. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance or unilaterally cancel this agreement upon giving written notice to Buyer. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 20. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write “NONE”) ___________________ Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 21. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 23. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 24. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 25. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 27. BROKER REPRESENTATION If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller’s execution hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said Broker, except as provided for in paragraph 20. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 29. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 30. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 31. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. EXECUTED this _____ day of ________________________, 2019 by Buyer. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: _____________________________ George N. Cretekos Chairperson, Board of Trustees Approved as to form:Attest: ____________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk APPROVED BY SELLER & EFFECTIVE this _____ day of _________________________, 2019. THE CITY OF CLEARWATER, FLORIDA _____________________________By: _____________________________ George N. Cretekos William B. Horne, II Mayor City Manager Approved as to form:Attest: _____________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6113 Agenda Date: 5/13/2019 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Amend the time-limited CRA Food and Drink Grant Program for property owners to extend the program to September 30, 2019 for those who pre-qualified for the program and authorize the appropriate officials to execute same. SUMMARY: The CRA’s goal is to enhance downtown’s ability to serve as a restaurant destination and to serve existing employees/residents in downtown by providing more food and drink options that are open on nights and weekends. In October 2018, the Community Redevelopment Agency (CRA) approved a time-limited grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts. In December 2018, nine applications were received and were pre-qualified. Once pre-qualified, property owners had 60 days to find an eligible tenant who was open, at a minimum, Wednesday through Saturday from 5 to 10 p.m. At the end of February 2019, three property owners, representing six applications, advised that it was too tight timeline to secure tenants and requested additional time. One property owner stated that they are unable to participate. There was a total grant budget of $1 million for all food and drink grant programs. In February 2019, the CRA approved four grants to the Food and Drink Grant for tenants and one grant for Food and Drink Grant for property owners was approved on April 15, 2019. A balance of $520,493.52 remains in the Opportunity fund. Staff is recommending amending the Food and Drink Property Owner grant program to extend the program’s end date to September 30, 2019 for those who have pre-qualified to allow property owners additional time to secure tenants. The proposed grant program balances the legal requirements for the use of CRA funds, meets the goals of the downtown redevelopment plan and provides a partnership opportunity for property owners who wish to invest in their buildings to attract restaurants and bars. APPROPRIATION CODE AND AMOUNT: Funding is available in Opportunity Fund 388-94893 Page 1 City of Clearwater Printed on 5/9/2019 1 | P a g e A. Program Overview The Community Redevelopment Agency’s (CRA) Food and Drink Grant Program for Property Owners provides grant funding to commercial property owners to assist with building improvements. The goal of the program is to provide financial support to commercial property owners in downtown to renovate their buildings to attract food and/or drink businesses that are open on nights and weekends. This will help stimulate the local economy and improve quality of life for Clearwater residents and visitors. Currently, historic commercial spaces in Downtown Clearwater need significant repair to meet modern fire and building code requirements. Newer commercial spaces have the potential to serve restaurant uses, but lack the necessary restaurant support services, e.g. grease traps. The CRA has allocated $1 million dollars for this program and the minimum grant is $10,000 and the maximum grant per space is $250,000. This grant requires a partnership between the property owner and the CRA. The CRA’s grant funding will be used to reduce the overall project cost for building improvements by a property owner by 50%. This is a time limited grant opportunity that will begin November 1, 2018 and will end September 30, 2019 for those who have prequalified or when the funding has been exhausted, whichever comes first. The Food and Drink Grant Program for Property Owners 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 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. City of Clearwater Community Redevelopment Agency Amended Food and Drink Grant Program for Property Owners City of Clearwater CRA | Food and Drink Grant Program for Property Owners 2 • 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. B. Program Eligibility and Activities Property Owners Commercial property located in the Community Redevelopment Area’s Downtown Core, Prospect Lake and the CRA’s portions of the Old Bay 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, at a minimum, to matching the CRA’s grant funding dollar for building improvements that will be maintained for a minimum of five years. They also must secure a tenant that is a food and/or drink business that is open on nights and weekends (at a minimum Wednesday through Saturday from 5:00 pm to 10:00 pm). An applicant may have begun construction, but grants will not be awarded to projects that have been completed prior to the CRA Trustee’s hearing to award the grant. The general rule of thumb for improvements that qualify towards a property owner's match is that the improvement should remain with the property, should improve the appearance and value of the property and should benefit tenants. Eligible interior and exterior building improvements include: • ADA requirements • Florida Fire Protection Code Requirements • Mechanicals and HVAC systems • Plumbing and electrical, including utility connections and upgrades • 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 eligible C. Grant Process: There are three phases to this grant program, Pre-Qualification for Owners, Full Application Submission and Review and Project Implementation. The grant program timeline is available at www.downtownclearwater.com. Pre-Qualification City of Clearwater CRA | Food and Drink Grant Program for Property Owners 3 The pre-qualification period will be open from November 1 to November 30, 2018. Property Owners who wish to participate in this grant program must file a pre-qualification form no later than November 30, 2018. The purpose of the Pre-Qualification review is to ensure that property owners meet the minimum eligibility requirements to participate in the grant program and to establish a tentative grant amount for each applicant. Each potential property owner applicant must submit the pre-qualification form for review and approval by the CRA Director prior to submitting a full grant application. CRA staff will review each submission and respond in writing within 10 business days of submission to confirm each applicant’s eligibility for the grant program and set a tentative grant amount. Full Application Submission and Review After a successful Pre-Qualification period, property owners who have pre-qualified may submit a full grant application for review. Full applications may be submitted between December 1, 2018 and September 30, 2019. Grant funds will be awarded on a first come, first served basis to eligible applicants. Applications will be heard by the CRA Trustees in the order they are received. Therefore, there is a possibility that full applications submitted later in the grant process will not have access to the full, tentative grant amount established during the pre-qualification phase or the grant funds will be exhausted. Full Application Process: 1. Applicants set up a meeting with CRA staff to review the full application requirements which includes a review of the proposed tenant's business concept and operating hours, eligible building improvement activities and a proposed scope of work and budget. 2. Property Owner submits a full application once they have secured a lease with an eligible tenant. 3. Application is reviewed within 15 business days of submission for completeness and accepted or returned with comments by the 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 and City Attorney according to the following criteria: • Consistency with the goals of the Downtown Redevelopment Plan. • Feasibility of the proposed scope of services and timeline. • Ability to provide an experience that does not exist in Downtown presently. • Ability to meet the legal and financial requirements of the grant program. 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 Project implementation begins after the grant is awarded by the CRA Trustees. City of Clearwater CRA | Food and Drink Grant Program for Property Owners 4 1. The CRA executes the grant agreement, which includes a payment schedule and project milestones. Submission of receipts, paid invoices and other appropriate documentation will be required for payment. CRA funding will be distributed once a Certificate of Occupancy has been issued. 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 final invoices for reimbursement. 4. Grantees will have one year to obtain a Certificate of Occupancy from the day the grant agreement is executed. 5. If a property owner has a change in tenant during the five-year grant period, the grant period will be extended by six months or until the property owner secures a new, eligible tenant, whichever time is less. D. Next Steps If you are interested in learning more about the Food and Drink Grant Program for Property Owners, please visit downtownclearwater.com or contact Anne Fogarty France at anne.fogarty-france@myclearwater.com