GRANT AGREEMENT FOR STREETSCAPE AND FACADE IMPROVEMENTSGRANT AGREEMENT FOR STREETSCAPE AND FACADE IMPROVEMENTS
THIS AGREEMENT for Streetscape and Facade Improvements is made by and
between the Clearwater Community Redevelopment Agency, a public body corporate and politic
of the State of Florida ("CRA" or "AGENCY") and 1100 Cleveland, LLC ("APPLICANT") on
this`#day of July, 2019.
WHEREAS, APPLICANT is the owner of certain real property with an attached mixed-
use building within the Clearwater Downtown Redevelopment Plan Area in the Prospect Lake
Charter District located at 1100 Cleveland St., as described in Exhibit A hereto and by this
reference incorporated herein; and
WHEREAS, APPLICANT purchased the real property and the building in late 2016
after the building had sat vacant and in a blighted condition since 2009; and
WHEREAS, APPLICANT applied for a building permit on August 30, 2017 for the
adaptive reuse of the building into a 15 -story mixed-use redevelopment project consisting of 134
residential apartment units, a 202 -space parking garage, approximately 5,000 square feet of
commercial/restaurant/retail space, and additional amenities such as a heated pool, a 24-hour
fitness room, a chef's room, and various amenities for pets;
WHEREAS, APPLICANT desires to improve the streetscaping of the property by
aesthetically enhancing the first -floor facade of the building; and
WHEREAS, the proposed streetscaping and facade enhancements APPLICANT
proposes will add to the overall pedestrian appeal of the Clearwater Downtown area through
enhanced treatment of the low-rise stucco around the building's perimeter, landscaping on the
North, South, and West sides of the building, sidewalk pavers for right-of-way improvements on
Cleveland Street and Martin Luther King Jr. Avenue, signage, railing for the commercial
facades, awnings, and a living wall; and
WHEREAS, the Clearwater City Council adopted the 2018 Clearwater Downtown
Redevelopment Plan ("CDRP") on March 2, 2018, which was amended on August 2, 2018; and
WHEREAS, the CDRP's vision statement provides, "a revitalized Downtown will be
achieved through quality urban design, continued creation of a high quality public realm, and a
dense and livable pattern which will strengthen the overall health of the City"; and
WHEREAS, the CDRP's first goal is to attract residents, visitors, businesses, and their
employees to the Downtown; to encourage a vibrant and active public realm, recreation, and
entertainment opportunities; and to support the community and neighborhoods; and
WHEREAS, two objectives the CDRP created to achieve this first goal is to maintain
Cleveland Street as the Downtown's Main Street which is valued for its pedestrian scale, and to
continue utilizing a variety of incentives to encourage the construction of new residential uses in
the Downtown; and
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WHEREAS, the CDRP's second goal is to have a connected network with mobility
choices; and
WHEREAS, one objective the CDRP created to achieve this second goal is to strengthen
Cleveland Street as a local, pedestrian -oriented street; and
WHEREAS, the CDRP's final goal is to ensure that the Downtown is a dynamic built
environment of dense and livable patterns with active and attractive streets through quality urban
design and architecture; and
WHEREAS, one objective the CDRP created to achieve this final goal is to encourage
renovation, restoration, and reuse of exhibiting historic structures to maintain the character of the
Downtown's neighborhoods; and
WHEREAS, the AGENCY has determined that the APPLICANT's proposed
streetscaping and facade enhancements promote the CDRP's goals and objectives; and
WHEREAS, the AGENCY was created as a public body corporate and politic for the
purpose of, among others, carrying out the community redevelopment purposes of the
Community Redevelopment Act contained in Ch. 163, Part III, Florida Statutes; and
WHEREAS, the Act authorizes the AGENCY to provide maximum opportunities for the
rehabilitation and redevelopment of property within a Community Redevelopment Area by
private enterprise; and
WHEREAS, the AGENCY agrees to provide assistance in the form of reimbursement
for eligible expenses incurred for enhancing the public areas and street appeal, pursuant to the
terms of this Agreement; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
herein contained, and such other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1. RECITALS and DEFINITIONS.
1.01 The foregoing recitals are true and correct and are incorporated into and made a part of
this Agreement as if fully set forth herein.
1.02 The terms used in this Agreement shall have the following meanings:
"Act" means the Community Redevelopment Act of 1969, as amended, codified as Part
III, Chapter 163, Florida Statutes.
"Agreement" means this Agreement for Streetscaping and Facade Improvements,
including any attached Exhibits, and any revisions.
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"Applicant" means the party that submitted the Application that was approved by the
CRA.
"City" means the City of Clearwater, Florida, a municipal corporation.
"Application" means the application for assistance pursuant to the Incentive Request
Form as submitted by the APPLICANT on April 22, 2019, a copy of which is attached
as Exhibit "B" to this Agreement.
"Actual Incentives" means the total amount the AGENCY reimburses the APPLICANT.
"Commencement Date" means the date on which the Application was submitted.
"Completion Date" means the date on which the CRA approves the Project as being
constructed consistent with the Project Plans.
"Owner" means the person or entity holding title to the real property and building upon
which the streetscaping and facade improvements are to be constructed.
"Project Plans" means the plans and specifications for the Project, consistent with the
approved Application and submitted by the APPLICANT to the CRA Director prior to
execution of this Agreement, including any changes or additions approved or required by
the CRA or the CRA Director, a copy of which is attached as Exhibit "C" to this
Agreement.
"Project" means design, construction and maintenance of the Streetscaping and Facade
Improvements in accordance with the Application and the Project Plans, including the
constructing and equipping thereon of other improvements appurtenant thereto with no
unapproved Substantial Changes thereto.
"Project Site" or "Property" means the property described in Exhibit "A" attached hereto
and by this reference made a part hereof.
"Substantial Changes" as determined at the sole discretion of the AGENCY, means any
substantial deletions from, or additions to, the exterior appearance of the structures and
buildings, as described in the Project Plans (a copy of which are filed in the office of the
CRA Director), or any decrease in the quality and quantity of the specific improvements
described in the Project Plans.
ARTICLE 2. CONSTRUCTION/ REIMBURSEMENT AND MAINTENANCE.
2.01. The Project shall be constructed as described in the Project Plans, without
unapproved Substantial Changes. There shall be no unapproved Substantial Changes for a
period of five (5) years after the Completion Date, whether such occur by design, neglect,
casualty or otherwise.
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2.02. The APPLICANT and AGENCY acknowledge that in order to promote
redevelopment, the AGENCY is committing funding to improve the streetscaping and facade on
the Project Site. The AGENCY agrees that it will provide the reimbursement for actual
documented costs, up to the indicated amounts listed below, within 30 days after the Completion
Date or October 1, 2019, whichever occurs first, and only after the AGENCY receives
satisfactory evidence that those costs have actually been paid by the APPLICANT. Only those
eligible improvements described in the Project Plans are eligible for reimbursement and in the
following manner:
• The APPLICANT will be eligible for a maximum reimbursement of up to $400,000
for the Project.
• The APPLICANT will not be reimbursed for any amounts above the estimated
amounts contained in the Project Plans.
2.03. Construction. Once this Agreement is executed, significant, ongoing progress must
be demonstrated in order to maintain eligibility for reimbursement. Grant funds allocated to the
Project will revert back to the CRA and this Agreement will terminate, if the APPLICANT fails
to make progress towards completion according to a work schedule agreed upon in conjunction
with this Agreement, and on file in the CRA Director's Office. The CRA Director is permitted
to extend the work schedule for up to six (6) months for cause without prior approval by the
CRA trustees. Any additional time extensions must be approved by the CRA trustees.
APPLICANT is responsible for obtaining or having obtained all required building permits for the
work undertaken throughout the Project.
2.04. APPLICANT agrees that streetscape and facade improvements made using these
funds will not be substantially altered for a minimum of five years. Following completion, no
Substantial Changes may be made to the streetscape and facade improvements for a minimum of
five years unless approved in writing by the CRA.
2.05. Subordinate to AGENCY Debt. The reimbursement obligation shall be subordinate
in all respects to all debt service obligations of the AGENCY under bonds or other forms of debt
currently outstanding or to be issued in the future, which pledge tax increment revenues on
deposit in the Redevelopment Trust Fund for the CRA. The obligations of the AGENCY as to
any funding required pursuant to this Agreement shall be limited by an obligation in any given
fiscal year to budget and appropriate from legally available sums in its Redevelopment Trust
Fund, pursuant to the requirements of § 163.387, Florida Statutes, the funding that is required
during that fiscal year. The AGENCY shall not be prohibited from pledging any legally
available revenues in its Redevelopment Trust Fund for any obligations heretofore or hereafter
incurred, which pledge shall be prior and superior to any obligation of the AGENCY pursuant to
this Agreement.
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ARTICLE 3. PROJECT PLANS.
3.01. The AGENCY is not responsible for any error or omission in the Project Plans
or failure of the Project Plans to comply with any building, zoning, or other regulations of the
CITY or other regulatory agency.
3.02. If Substantial Changes are proposed by the APPLICANT to the Project Plans,
they shall be submitted to the CRA Director or designee. The CRA Director or designee shall
review the amended Project Plans within 5 business days of receipt. The CRA Director is
permitted to approve any changes to the Project that would be considered minor revisions
under Sect. 4-406.A of the CITY's Community Development Code without prior approval by
the CRA trustees. Any other changes must be approved by the CRA trustees. If the CRA
Director or trustees, as the case may be, determines that the amended Project Plans do not meet
the requirements of the Program or this Agreement, the CRA Director or designee shall so
notify the APPLICANT within three business days of such determination. Upon receipt of such
notification, the APPLICANT shall have 15 calendar days to amend the Project Plans
accordingly and resubmit them to the CRA Director or designee.
3.03. If any Substantial Changes are required to be made to the Project Plans during the
construction of the Project, the amended Project Plans shall be submitted to the CRA Director
or designee prior to the commencement of the construction of the changes. The CRA Director
or designee shall review the amendments for conformance with the requirements of the
Program or this Agreement as described in the above paragraph.
ARTICLE 4. INDEMNIFICATION.
4.01. In consideration of the AGENCY granting incentives pursuant to this Agreement
to APPLICANT in connection with the development of the Project, the APPLICANT shall
indemnify and hold harmless the AGENCY, its agents, elected and appointed officers,
attorneys and employees from all suits, actions, claims, demands, damages of every kind and
description to which the AGENCY, or their agents, officers, attorneys or employees may be
held liable by a court of competent jurisdiction by reason of injury to persons or death or
property damage, resulting from or growing out of any negligence, error, omission or fault of
the APPLICANT and their respective agents or employees, or its contractors or subcontractors
occurring in connection with (i) any building, construction, installation or development work,
service or operation being undertaken or performed in, on or over the Project Site, or (ii) any
uses, occupancy, maintenance, repair and improvements, or operation of the Project Site.
Provided, however, that the indemnification provided in and contemplated by this
section shall not be applicable to the extent that a decision or judgment of a court of competent
jurisdiction holds that any injury to persons or death or property damage was solely attributable
to acts of negligence or fault of the AGENCY, or their agents, officers, attorneys or employees.
4.02. Nothing in this Agreement shall be interpreted or construed as a waiver of the
AGENCY'S sovereign immunity set forth in section 768.28, Florida Statutes.
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4.03. No recourse shall be had for any damages or claims based upon any
representation, obligations, covenant or agreement in this Agreement against any past, present
or future officer, member, legal counsel, employee, director or agent, as such, of the AGENCY,
either directly or through the AGENCY or respectively, any successor public or private
corporation thereto under any rule of law or equity, statute or constitution or by the
enforcement of any assessment or penalty or otherwise, and all such liability of any such
officers, members, legal counsels, employees, directors or agents as such is hereby expressly
waived and released as a condition of and consideration for the execution of the Agreement.
4.04. This Article shall survive the Completion Date of the Project and shall remain in
full force and effect until all obligations and requirements under this Agreement have been
completed.
ARTICLE 5. RESERVED.
ARTICLE 6. REPRESENTATION, WARRANTIES AND COVENANTS OF APPLICANT
6.01. The APPLICANT represents and warrants to the AGENCY that the following
statements are true:
(a) The APPLICANT is a valid existing entity under the laws of the State of Florida,
has all requisite power and authority to carry on its business as now conducted, to
own or hold property and to enter into and perform the obligations of this
Agreement and each instrument to which it is or will be a party, and has
consented to service of process in the State of Florida.
(b) Each document to which the APPLICANT is or will be a party has been duly
authorized by all necessary action on the part of, and has been or will be duly
executed and delivered by, the APPLICANT, and neither the execution and
delivery, nor compliance with the terms and provisions: (i) requires the approval
of any other party, except as have been obtained or as are noted herein, (ii)
contravenes any law, judgment, governmental rule, regulation or order binding
on the APPLICANT, or (iii) results in any default under or creates any lien upon
any property of the APPLICANT.
(c) Each document to which the APPLICANT is or will be a party constitutes a
legal, valid, and binding obligation of the APPLICANT, enforceable against the
APPLICANT, except as such enforceability may be limited by applicable
bankruptcy, insolvency or similar laws which affect creditor's rights generally
and subject to usual equitable principles if equitable remedies are invoked.
(d) There are no pending or threatened actions before any court or administrative
agency against the APPLICANT, or against any officer of the APPLICANT
that question the validity of any document contemplated herein, or that are
Page 6 of 13
likely to materially adversely affect this Agreement or the financial condition of
the APPLICANT.
(e) The APPLICANT is financially capable of carrying out all obligations in
connection with the acquisition, construction and equipping of the Project
contemplated by this Agreement.
6.02. The APPLICANT covenants with the AGENCY that:
(a) The APPLICANT shall timely fulfill all the conditions herein that are within
the control of APPLICANT and are the responsibility of APPLICANT.
(b) The APPLICANT shall use its best efforts to accomplish the development of the
Project, and will not knowingly violate any laws, ordinances, rules, regulations or
orders that are or will be applicable thereto, including the Act, nor permit others
to do so.
ARTICLE 7. DEFAULT; TERMINATION.
7.01. There shall be a default by the APPLICANT if the APPLICANT fails to
perform or comply with any material provision of this Agreement. There shall be a default
by the AGENCY if the AGENCY fails to perform or comply with any material provision of
this Agreement.
7.02. If a default occurs, upon giving 15 days written notice of such default to the
defaulting party, and upon expiration of such 15 day notice period if the default has not been
cured, the non -defaulting party may terminate this Agreement. In the situation where the non -
defaulting party is the APPLICANT, its sole remedy shall be the amount of approved Incentives,
less reimbursements already made, provided that Completion has timely occurred prior to
default. In the situation where the non -default party is the AGENCY, the AGENCY shall be
entitled to liquidated damages in the amount of payments, if any, received by the APPLICANT
pursuant to Section 2.02; specific performance of this Agreement; or both.
7.03. The failure of the AGENCY or APPLICANT to promptly insist upon strict
performance of any provision shall not be deemed a waiver of any right or remedy that they may
have, and shall not be deemed a waiver of a subsequent default or nonperformance of such
provision.
7.04. (a) The undertaking and completion of the Project and performance by the
APPLICANT in accordance with the provisions of this Agreement are dependent upon the
timely completion and approval of plans, permits and successful financing. In addition to a
termination upon a default, this Agreement may be terminated by the APPLICANT or AGENCY
if the APPLICANT does not commence construction or obtain a building permit for the Project
within three months of the effective date of this Agreement, or complete construction in
accordance with the agreed upon schedule.
Page 7 of 13
(b) The Agreement may be terminated by the APPLICANT for any reason prior to
receiving payment of any Actual Incentives.
(c) In the event of a termination pursuant to this Section 7.04, neither the
APPLICANT nor AGENCY shall be obligated or liable one to the other in any way, for any
claim or matter arising from this Agreement or any actions taken by the APPLICANT or
AGENCY thereunder or contemplated hereby. Each party shall be responsible for its own costs.
ARTICLE 8. DISPUTE RESOLUTION
8.01. In the event of any dispute, claim, question, or disagreement arising from or relating
to this Agreement or the alleged breach thereof, the parties hereto shall use their best efforts to
settle the dispute, claim, question, or disagreement. To this effect, they shall consult and
negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a
just and equitable solution satisfactory to both parties.
8.02 In the event of any alleged breach arising out of or relating to this Agreement, that
is not resolved in accordance with 8.01 above, the matter may be entered by either party in any
court having jurisdiction thereof. In any litigation, including breach, enforcement or
interpretation, arising out of this Agreement, the prevailing party in such litigation, shall be
entitled to recover from the non -prevailing party reasonable attorney's fees, costs and expenses.
ARTICLE 9. ANTIDISCRIMINATION.
The APPLICANT agrees there shall be no discrimination against or segregation of any
person, or group of persons, on account of age, sex, sexual orientation, race, color, marital
status, creed, national origin, ancestry or disability in the employment of persons for the
construction, sale or lease of any space in the Project.
ARTICLE 10. MISCELLANEOUS.
10.01. Assignment. Prior to the Completion Date, the APPLICANT may not sell,
convey, assign, or otherwise transfer or dispose of any of its rights, title, and interest in the
Project, or any duty or obligation of the APPLICANT pertaining to the Project, or any part
thereof without prior written consent of the AGENCY. The APPLICANT may mortgage its
interest in the Property, or any part thereof, to any Mortgagee. The APPLICANT may enter
into leases in the Property in the ordinary course of business.
10.02. Beneficiaries. The Agreement has been entered into for the benefit of the
parties and there are no third party beneficiaries. Unless expressly granted in a written
instrument executed by the APPLICANT and approved by the AGENCY, third parties
acquiring any indicia of ownership in the Property or any portion of the Project shall not, by
virtue of such acquisition or otherwise, acquire or receive any right, title or interest whatsoever
Page 8 of 13
in any of the incentives, payments or benefits to arise or be made by the AGENCY under this
Agreement.
10.03. Notices. All notices, demands, requests for approvals, or other communications
shall be deemed given and delivered on the date delivered in person or on the date mailed by
registered or certified mail, postage prepaid, return receipt requested, and addressed:
To the APPLICANT:
1100 Cleveland, LLC
1111 E. Touhy
Suite 230
Des Plaines, IL 60018
To the AGENCY:
Amanda C. Thompson Director
Community Redevelopment Agency
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
With copy to:
CRA Attorney
Office of the City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
These addresses may be changed from time to time in writing delivered to the other
party. Until written notice is received, a party may rely upon the last address given. Notice
shall be deemed given, if notice is by mail, on the date mailed to the address set forth above or
as changed pursuant to this Section.
10.04. Severability. If any provision of this Agreement is held invalid, the remainder
shall not be affected if such remainder would then continue to conform to the requirements of
applicable laws and if the remainder can be reasonably performed without material hardship, so
as to accomplish the intent and the goals of the parties.
10.05. Governing Law; Construction. The laws of the State of Florida shall govern
the validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by each party. It shall not be deemed to have been prepared by the AGENCY or
APPLICANT, and each of them shall be deemed to have participated equally in the
preparation hereof
10.06. Venue; Jurisdiction. (a) Each party submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States
District Court for the Middle District of Florida, for the purposes of any suit, action or other
proceeding relating to this Agreement and agrees not to assert by way of a motion or a defense
or otherwise that such action is brought in an inconvenient forum or that the venue of such
action is improper or that the subject matter thereof may not be enforced in or by such courts.
(b) If at any time, the APPLICANT is not a resident of the State of Florida or has no
agent available for service of process as a resident of the State of Florida, or is a foreign
corporation, partnership, or other entity that has no agent available for service in the State of
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Florida, the APPLICANT consents to service on its designated agent for such purpose and
designates the Secretary of State, State of Florida, its agent for service in any court action
between it and the AGENCY relating to this Agreement and such service shall be made as
provided by the laws of the State of Florida for service upon a non-resident; provided, however,
that at the time of service on the Secretary of State, a copy of such service shall be mailed by
prepaid, registered mail, return receipt requested, to the APPLICANT at the address for notices.
10.07. Entire Agreement; Conflicts. This Agreement, including the Exhibits attached,
constitutes the full and complete agreement between the parties, and supersedes and controls any
prior agreements, representations and statements, whether written or oral. Each Exhibit referred
to in this Agreement, together with the Application, are an essential part of this Agreement. The
Exhibits, Application, any documents incorporated by reference and any amendments, even if not
physically attached, shall be treated as a part of this Agreement.
10.08. Captions. The section headings and captions of this Agreement are for
convenience only and in no way define, limit, or describe the scope or intent of this Agreement.
10.09. Successors and Assigns. The terms AGENCY and APPLICANT shall include
their successors and assigns and all benefits and obligations shall inure to and bind such
successors and assigns.
10.10. Time. Whenever a notice or performance is to be done on a Saturday or Sunday
or on a legal holiday observed in the City of Clearwater, Florida, it shall be postponed to the next
business day.
10.11. Term. Except as otherwise provided herein, this Agreement shall expire five
years from the Completion Date.
10.12. Effective Date. This Agreement shall be effective on the date the Agreement is
executed by the last of the parties below.
IN WITNESS WHEREOF, the parties have signed this Agreement on the dates
indicated below.
Cten v1C144l(.0s
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY'QF CLEARWATER, FLORIDA
t i 1
By: V}•
George N. Cretekos Amanda C. Thompson
Chairperson
Page 10 of 13
Director
Approved as to form:
Michael P. Fuino
CRA Attorney
Page 11 of 13
WITNESSES:
Sign name:
Print name:
Sign name: /
Print name: spa ro Aion _
STATE OF rq/c>cl'A
COUNTY OF 4,fe-d (fIS
APPLICANT:
1100 Cleveland, LLC
Name: Z4 L If '» C d
Title: /r7,94- G.6/Y of L.(-
JL
The foregoing instrument was acknowledged before me this A day of
, 20 / % , by/A�xru,z , as /7%a,. « of 1100
Clevel'and, LLC., and who has acknowledged that he/she has executed the same on behalf of the
company, and that he/she was authorized to do so. *She is personally known to me or has
produced as identifi : ion.
Notary Public, State of 1 orida
Affix Stamp
Page 12 of 13
Parcell'A ' .�---�
Lots 1 through 14, inclusive, Lot 15, less the East 23.0 feet thereof, all in Block A, BASSEDENA
SUBDIVISION, as recorded in Plat Book 6, page 26 of the public records of Pinellas County, Florida,
LESS the West 10.00 feet :of said Lot 1, deeded to the City of Clearwater for right of way purposes.
Lots 1, 2, 1and1 tai p/ ofLos 3 and 4 which lie west of a southerly extension of the westerly line of the
easterly 23.0 feet of Lot 15; Block A, (of BASSEDENA SUBDIVISION, as recorded in Plat Book 6, Page
26, of the Public Records of Pinellas'County, Florida), LESS the East 23.0 feet of said Lot 4 thereof, all in
H.A. KILGORE'S SUBDIVISION,,as"recorded in Plat Book 3, page 58 of the public records of Pinellas
County, Florida.
Exhibit A
Legal Description
Vacated portion of NE Cleveland Street (66.00 feet width) described as follows:
v n
That portion lying between Blocks A and -B -of BASSEDENA SUBDIVISION, as recorded in Plat Book 6,
page 26, public records of Pinellas Contyy Florida, -being more particularly described as follows:
From the most easterly corner of Lot 25, o fsaid Block B; BASSEDENA SUBDIVISION, said corner being
on the northwesterly right of way line of NE Cleveland Street; run thence South 58° 27' 00" West, along
said northwesterly right of way line, 50.00\feet; thence continue along said right of way line South 51° 00'
30" West, 41.58 feet to the Point of Beginning; -thence run -South 84° 10' 09" East, 99.84 feet to a point on
the southeasterly right of way line of said NE Cleveland Street; thence run South 58° 27' 00" West, along
said southeasterly right of way line, 33.81 feet; thence continue,alang said southeasterly right of way line
South 51° 00' 30" West, 310.43 feet to a point, said pointbeing on the southerly extension of a line lying
10.00 feet east of the east right of way line of Greenwood'AVenue as shown adjacent to Block B of said
BASSEDENA SUBDIVISION; thence run North 00° 12'00 West, -along a line 10.00 feet east of and
parallel to the southerly extension of the east right of way,line of Greenwood Avenue as shown on said
Block 13, 84.68 feet to the northwesterly right of way line of NE Cleveland Street; thence run North 51° 00'
30" East, along said right of way line, 220.09 feet to the Point df Beginning.
Parcel B
Lots 9 through 25, inclusive and that part of Lot 50 described as follows: Begin at�\st southerly corner
of said Lot 50 for the Point of Beginning; thence run North along the west line of said Lot 50 to the northeast
corner of said Lot 9; thence East, along the easterly extension of the north1line of said L;ot 9 to the northerly
Line of said Lot 24; thence southwesterly along the northerly line of said Lot 24'to the Point ofBeginning,
all in Block B, BASSEDENA SUBDIVISION, as recorded in Plat Book 6, page 26 of the public records of
Pinellas County, Florida, LESS the following described tract: ))
Begin at the northwest corner of said Lot I I for the Point of Beginning; thence run South 42°19' 40" East,
14.91 feet; thence South 84° 10' 09" East 248.03 feet to the most easterly corner of said -L, to 25,said corner
being on the northwesterly right of' way line of NE Cleveland Street; thence South 58° 27' 0%Wet along
said northwesterly right of way line, 50.00 feet; thence continue along said right of way Iine,,South51° 00'
30" West, 41.58 feet; thence North 84° 10' 09" West, 152.60 feet; thence South 47° 48' 56" West, 26:76 feet
to a point 10.00 feet east of the cast right of way line of Greenwood Avenue; thence South 00° 12' 00" East,
along a line 10.00 feet east of and parallel to the cast line of Greenwood Avenue, 136.01 feet to the
northwesterly right of way line of NE Cleveland Street; thence South 51° 00' 30" West along the
northwesterly right of way of NE Cleveland Street, 12.83 feet to the east right of way line of Greenwoo l
Avenue;,thence North 00° 12' 00" West, along the east line of Greenwood Avenue, 235.10 feet to the Point
of Beginning. ,,
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CDD LEO WARN WT O WATERN N
E)(14 -161T 13
Community Redevelopment Agency
Incentive Request Form
Thank you for your interest in downtown Clearwater. Please read this form carefully and complete it to
initiate a conversation about incentives. For more information on existing grant programs, please visit
www.downtowndearwater.com.
About the Community Redevelopment Agency
The Community Redevelopment Agency (CRA) is a tax increment finance district. The agency can offer a
variety of incentives depending on the project size and type within state regulations. The CRA can
participate in land acquisition, the payment of impact fees, facade improvement grants and other public
infrastructure projects such as streetscape improvements, public art, park improvements and parking
garages. CRAs are established because the current property values and environmental conditions in the
area hinder private investment. Incentives are designed for catalytic investments that help prove the
area is capable of increased private investment. They can also help a business or developer "close the
gap" in their financial ability to meet the goals of the 2018 Clearwater Downtown Redevelopment Plan.
CRAs are different from traditional economic development funding. We do not offer financial assistance
for social services, housing subsidies for individuals or business start-up costs. Please visit the Economic
Development and Housing department at www.mvclearwater.com for information on those types of
progra ms.
How does the CRA determine when to fund an incentive request?
The majority of the CRA's annual funding is allocated to capital improvement projects and existing grant
programs. The 2018 Clearwater Downtown Redevelopment Plan contains an adopted evaluation
framework for all incentive requests listed below:
o Is the proposed incentive compliant with federal, state and local laws?
o Is the proposed incentive aligned with the Vision and Goals of the 2018 Downtown
Redevelopment Plan?
o Has the private sector attempted to implement this project without an incentive?
o What is the expected return on investment from a financial and public benefit
perspective?
o Does the site/building under consideration have adequate access to the required public
infrastructure and/or public utilities to support the proposed use?
Who can approve an incentive?
All incentive requests are considered and approved/denied by the CRA Trustees. CRA staff makes a
recommendation to the trustees at a regularly scheduled CRA meeting which occurs once per month.
1
Please complete the following questions to begin a conversation about CRA incentives.
I. Applicant and Property Information
Date of Application: February 1, 2019
Name of Applicant: Apex 1100
Property Address of the Project: 1100 Cleveland
*CRA funds must be spent within the CRA boundaries
Cell Number: 312-953-2493
Email Address: Idebb@gspdevelopment.com
It. Incentive Request
1. What are you trying to accomplish in downtown Clearwater? What kind of incentive are
you seeking from the CRA?: We are seeking to further improve the street view of this
newly rehabbed apartment building, and improve the pedestrian appeal to help create a
facility for commercial uses, i.e. restaurants.
2. Total Project Cost: $438,346
3. Amount of Incentive Funds Requested: $400,000
4. What other sources of funding have you secured or attempted to obtain? Equity and
construction bank loans have been secured.
5. How does this request meet the goals of the CRA's 2018 Downtown Redevelopment
Plan? This grant will insure a modern, retail space for a restaurant. Also, it will create a
pedestrian friendly base to this 15 -story apartment building.
Please submit the completed form via email to Amanda Thompson, CRA Director, at
Amanda.thompson@myclearwater.com.
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'RA 611..I "2ECHEST
Ground Level Landscaping @ Cleveland Elevation $53,277.00
Ground Level Landscaping @ MLK Elevation $41,150.00
Ground Level Landscaping @ NE Cleveland Elevation $27,345.00
Ground Level Irrigation $15,750.00
Living Wall @ Parking Deck Ramp $18,485.00
Pavers @ Cleveland St. $27,300.00
Pavers @ MLK $ 7,500.00
Railing @ Restaurants $ 7,750.00
Sidewalks @ NE Cleveland $21,634.00
Awnings $37,873.00
Outdoor Furniture @ Restaurants (allowance) $10,000.00
Hardscape Lighting (allowance) $10,000.00
Storefront @ Cleveland Entry $17,475.00
Signage Allowance $15,000.00
Low Rise Stucco @ Cleveland St $31,259.00
Low Rise Stucco @ MLK $25,550.00
Low Rise Stucco @ NE Cleveland $14,821.00
Low Rise Paint @ Cleveland St. $19,647.00
Low Rise Paint @ MLK $14,350.00
Low Rise Paint @ NE Cleveland $ 9,840.00
Stone Accents @ LR Units $12,340.00
$438,346.00
3
For Staff Use Only
Date Application Received:
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I
Date of Staff Review:
Mai - i, tot Ai-4ted re4►et4
Date ofScheduled?Meeting with Applicant:
2019
neve_ '25, 2o%`i
Staff Recommendation:
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REVISED INCENTIVE REQUEST FOR STREETVIEW IMPROVEMENTS
June 26, 2019
1100 APEX MIXED USE DEVELOPMENT
1100 CLEVELAND STREET
Summary:
APEX 1100 is a mixed use, luxury apartment building located in the Prospect Park character
district in downtown Clearwater. We have invested $40 million to date renovate a multi -story
office building into 134 rental units with a 202 -space parking garage and 4,348 square feet of
commercial space fronting Cleveland Street. Additional exterior building and site improvements
are needed to secure two restaurants leases for the ground floor commercial space. We are
requesting an incentive grant of $400,000 to complete those improvements and secure the
restaurant leases. We will pay for expenses related to the exterior improvements that exceed
$400,000. We have also committed to providing tenant buildout funding for the restaurant
spaces for approximately $400,000.
Proposed Timeline:
The proposed improvements will be completed as a part of the current building permit and will
be finished no later than October 1, 2019.
Proposed Improvements and Costs:
Ground Level Landscaping $121,772.00
Ground Level Irrigation $ 47,500.00
Living Wall @ Parking Deck Ramp $ 18,845.00
Pavers $ 34,800.00
Railing @ Restaurants $ 7,750.00
Sidewalks @ NE Cleveland $ 21,634.00
Awnings $ 37,873.00
Outdoor Furniture @ Restaurants (allowance) $ 10,000.00
Hardscape Lighting (allowance) $ 10,000.00
Storefront @ Cleveland Entry $ 17,475.00
Signage Allowance $ 15,000.00
Low Rise Stucco $ 71,630.00
Low Rise Paint $ 43,837.00
Stone Accents @ LR Units $ 12,340.00
Total: $470,456.00
5
EXHIBIT C
Ground Level Landscaping $121,772.00
Ground Level Irrigation $ 47,500.00
Living Wall @ Parking Deck Ramp $ 18,845.00
Pavers $ 34,800.00
Railing @ Restaurants $ 7,750.00
Sidewalks @ NE Cleveland $ 21,634.00
Awnings $ 37,873.00
Outdoor Furniture @ Restaurants (allowance) $ 10,000.00
Hardscape Lighting (allowance) $ 10,000.00
Storefront @ Cleveland Entry $ 17,475.00
Signage Allowance $ 15,000.00
Low Rise Stucco $ 71,630.00
Low Rise Paint $ 43,837.00
Stone Accents @ LR Units $ 12,340.00
Total $470,456.00