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03/16/2020Monday, March 16, 2020 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 March 16, 2020Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the February 18, 2020 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 Amend the Clearwater Community Redevelopment Agency’s rules and regulations. 4.2 Authorize the CRA Director to develop a grant agreement in the amount of $500,000 to incentivize the construction of new rental housing as part of a mixed-use development at 708 Chestnut Street. 4.3 Approve the first amendment to the Façade Grant for 808 Court Street Shopping Center in the amount of $39,825, accept the façade preservation easement, and authorize the appropriate officials to execute same. 4.4 Approve an Agreement between the Community Redevelopment Agency and Amplify Clearwater, a Florida non-profit corporation, to produce and manage Downtown Clearwater events in an amount not to exceed $40,000 through Sept. 30, 2021 and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 3/10/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7542 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the February 18, 2020 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 3/10/2020 Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Tuesday, February 18, 2020 9:00 AM Main Library - Council Chambers Community Redevelopment Agency Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 2 City of Clearwater Roll Call Present 5 - Chair George N. Cretekos, Trustee Bob Cundiff, Trustee Hoyt Hamilton, Trustee David Allbritton, and Trustee Jay Polglaze Al so Presen t – William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk - Assistant City Manager, Pamela K. Akin – City Attorney, Rosem ar ie Call – City Clerk, Nicole Sprague – Deputy City Clerk and Amanda Thompson – CRA Executive Director To pro vi de continui ty fo r research, items are li sted in agend a order altho ugh not necessarily disc ussed in that order. Draft 1. Call to Order – Chair Cretekos The meeting was called to order at 9:16 a.m. in Council Chambers at the Main Library. 2. Approval of Minutes 2.1 Approve the January 13, 2020 CRA Meeting Minutes as submitted in written summation by the City Clerk. Trustee Allbritton moved to approve the January 13, 2020 CRA Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda – None. 4. New Business Items 4.1 Amend the time limited CRA Food and Drink Grant Program for property owners to allow for reimbursement of grant expenses during construction. The CRA’s goal is to enhance downtown’s ability to serve as a restaurant destination and to provide existing employees/residents in downtown 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 Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 3 City of Clearwater new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts. The existing program requires applicants to fund all building improvements and finish construction prior to receiving grant funds. Currently, grants funds are released once the applicant has received a Certificate of Occupancy and submitted receipts verifying expenditures. CRA staff is recommending modifying the grant program to allow the applicant to be reimbursed for grant expenses after they have occurred, but prior to receiving a Certificate of Occupancy (CO). Ten percent of the total grant funds will be held until after a CO has been issued. Submission of receipts and/or paid invoices will still be required to receive reimbursement. This will allow applicants greater flexibility in financing large construction jobs. APPROPRIATION CODE AND AMOUNT: This program is funded through the Opportunity Fund 388-94893. In response to questions, CRA Executive Director Amanda Thompson said the grantee has signed a promissory note for the total cost; if the project does not get the certificate of occupancy, the grantee will have to pay the CRA all funds that have been reimbursed to them as part of the grant. Assistant City Attorney Michael Fuino said if the grantee is unable to pay, the CRA would sue on the promissory note. The grant program requires additional security of a personal guarantee by one of the LLC members. If the Trustees are not comfortable with each applicant's security, staff can renegotiate that. Trustee Cundiff moved to amend the time limited CRA Food and Drink Grant Program for property owners to allow for reimbursement of grant expenses during construction. The motion was duly seconded and carried unanimously. 4.2 Approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, in the amount of $187,632.50, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA 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 area. Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 4 City of Clearwater On November 2, 2018, 949 Cleveland Street LLC submitted a pre-qualification form with a list of building improvements for preliminary grant approval to convert the existing, unfinished ground floor commercial space into a finished space for use by food and drink tenants. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On September 30, 2019, 949 Cleveland Street LLC submitted a full application to establish a coffee and dessert shop that will serve hot and cold drinks along with a wide selection of desserts. The property owner has formed a new company, Cleveland Street Market, LLC, that will operate the business. The cafe will meet the grant required evening and weekend operating hours. Pending approval, the applicant anticipates beginning construction in February 2020 and completing in September 2020. A full list of building improvements, the lease and site plans are contained in the application. Of two bids, the lowest bid estimates a total project cost of $375,265.00 for eligible improvements. On October 24, 2019, the application was reviewed by an internal staff committee that included the 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 grant criteria and recommends approval of loan to grant in the amount of $187,632.50. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. The grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five-year period. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA project 3887552-94893, Opportunity Fund ($81,800.82) and CRA Project 3887552-94714 Downtown Redevelopment ($105,831.68). In response to questions, CRA Executive Director Amanda Thompson said the grantee will have three different stores; the property owner has several different arms in their development company. The owner will start businesses at their mixed-used property and hire someone who has expertise in a given area, such as a coffee shop, and other individuals to run the company. Ms. Thompson said the owner will eventually sell off the company or find a similar tenant. The increased foot traffic will make Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 5 City of Clearwater the property more attractive to renters in the residential section, which will lead to increased rental rates. Since their commercial rental rate is currently zero, the project will establish comparison lease rates for the commercial market. She said there is plenty of raw commercial spaces in the Downtown's mixed use buildings because the current lease rates do not support building out the spaces; the incentive will help improve the market. Ms. Thompson said the proposed grant contemplates improvements to the building which will remain beyond the tenant. The grant funds will be provided on a reimbursement basis. If the tenant does not last for the 5-year term, the owner has 6 months to find a new food or drink tenant that is open on nights and weekends. The City Attorney said the original owners of the Nolen were given additional funds for the muck issue and $700,000 as an incentive to build the retail space; the incentive funds were tied to the build-out of the retail space or lease of the space. Ms. Thompson said the grant program requires the own er to have a signed lease Concerns were expressed that there is already a self-serve wine bar in Downtown and an ice cream shop and that the owner would receive a lot of grant funds because three grant applications were submitted for the same property. Owner representative Matthew McWilliams provided a PowerPoint presentation. He said if the Trustees approve the request, the property owner will hire managers and staff for the three proposed businesses. In response to questions, Mr. McWilliams said the iPour will be one of the booths in the marketplace and will take a lot of the wall space. The space will have a shared kitchen for the beer and wine concept or other micro-market vendors. Ms. Thompson said one of the key goals of the grant program is to make these spaces occupiable by anything that is allowed by Downtown zoning. In response to a concern, Ms. Thompson said several buildings have shared services, such as bathrooms. The CRA budgeted for this grant program which has ended. Trustee Allbritton moved to approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, in the amount of $187,632.50, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 6 City of Clearwater 4.3 Approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, in the amount of $250,000, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA 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 area. On November 2, 2018, 949 Cleveland Street LLC submitted a pre-qualification form with a list of building improvements for preliminary grant approval to convert the existing, unfinished ground floor commercial space into a finished space for use by food and drink tenants. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On September 30, 2019, 949 Cleveland Street LLC submitted a full application to establish a self-serve beer and wine bar with indoor and outdoor lounge areas, including significant improvements to The Nolen’s existing outdoor plaza and high-quality interior finishes. The property owner has formed a new company, Cleveland Street Market, LLC, that will operate the business. The bar will meet the grant required evening and weekend operating hours. Pending approval, the applicant anticipates beginning construction in February 2020 and completing in September 2020. A full list of building improvements, the lease and site plans are contained in the application. Of two bids, the lowest bid estimates a total project cost of $610,438.00 for eligible improvements. On October 24, 2019, the application was reviewed by an internal staff committee that included the 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 grant criteria and recommends approval of loan to grant in the amount of $250,000. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. The grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five-year period. Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 7 City of Clearwater APPROPRIATION CODE AND AMOUNT: Funds are available in CRA project 3887552-94893, Opportunity Fund ($250,000). Trustee Polglaze moved to approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, in the amount of $250,000, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 4.4 Approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, in the amount of $250,000.00, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. At the October 29, 2018 Community Redevelopment Agency (CRA) meeting, the CRA 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 area. On November 2, 2018, 949 Cleveland Street LLC submitted a pre-qualification form with a list of building improvements for preliminary grant approval to convert the existing, unfinished ground floor commercial space into a finished space for use by food and drink tenants. Under this program, property owners must commit, at a minimum, to matching the CRA’s grant funding, dollar for dollar, for building improvements that will be maintained for a minimum of five years. The owner must also maintain a lease with a business that serves food and/or drinks on nights and weekends for a minimum of five years. On September 30, 2019, 949 Cleveland Street LLC submitted a full application to establish a “micro” market, food hall concept that will provide space for up to 8 vendors. Each vendor will have access to individual electrical and plumbing hook-ups and a shared communal kitchen for preparation and storage of goods. Patrons will have access to the lounge areas in the adjacent self-serve beer/wine business. New restrooms will be constructed as part of this project. The property owner has formed a new company, Cleveland Street Market, LLC, that will operate the business. Each vendor will sub-lease space from the Cleveland Street Market LLC. The market will meet the grant required evening and weekend operating hours. Pending approval, the applicant anticipates beginning construction in February 2020 and completing in September 2020. A full list of building improvements, the lease and site plans are contained in the Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 8 City of Clearwater application. Of two bids, the lowest bid estimates a total project cost of $570,655.48 for eligible improvements. On October 24, 2019, the application was reviewed by an internal staff committee that included the 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 grant criteria and recommends approval of loan to grant in the amount of $250,000.00. This site is critical to serving existing residents and attracting new residents to apartment developments in this area, in turn, generating a favorable market to encourage new housing developments in the downtown core. The grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five-year period. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA project 3887552-94893, Opportunity Fund ($250,000). CRA Executive Director Amanda Thompson said the Mercado will be a pavilion and not a permanent building structure. The micro-market concept is affordable space in the CRA that artists could rent. In response to questions, Ms. Thompson said the space would be affordable because it would not require an individual to rent out an entire space. Owner representative Matthew McWilliams said the drawings for the design development is in process; plumbing and electric has been contemplated for each space. There will be a shared kitchen for the vendors. A concern was expressed that the owner will receive half of the money needed to build out the space due to the multiple grant application s that were submitted. Trustee Cundiff moved to approve a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, in the amount of $250,000.00, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 9 City of Clearwater Ayes: 4 - Trustee Cundiff, Trustee Hamilton, Trustee Allbritton and Trustee Polglaze Nays: 1 - Chair Cretekos 4.5 Approve a Business Lease Contract between the Clearwater Community Redevelopment Agency and the Clearwater Community Gardens, Inc. for a community garden at 1273 Grove Street, 1277 Grove Street and 20 North Betty Lane to establish a new lease for the community garden and authorize the appropriate officials to execute same. The purpose of this request is to enter into a lease with Clearwater Community Gardens, Inc for a period of one year with a one-year renewal period. The Clearwater Garden Club and the Clearwater Community Redevelopment Agency entered into a three-year lease in 2015 for a community garden in the Downtown Gateway neighborhood. The Clearwater Community Garden group established and has maintained the community garden on Grove Street since April 2015. The Clearwater Community Garden group has formed their own 501c3, the Clearwater Community Gardens, Inc and requested to enter into a new lease with the CRA to serve as the lessee overseeing the community garden property Staff is recommending approval of the new lease for one year with a one-year renewal. In response to a question, CRA Executive Director Amanda Thompson said the lease includes a 30-day termination clause if the site is redeveloped. Trustee Hamilton moved to approve a Business Lease Contract between the Clearwater Community Redevelopment Agency and the Clearwater Community Gardens, Inc. for a community garden at 1273 Grove Street, 1277 Grove Street and 20 North Betty Lane to establish a new lease for the community garden and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 4.6 Approve a façade grant for 405 South Missouri Avenue in the amount of $76,375, accept the façade preservation easement and authorize the appropria te officials to execute same. The Community Redevelopment Agency trustees approved amendments to the Façade Improvement Grant program in April 2018. The amendments created a new scoring system and the potential for greater investment from the CRA to Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 10 City of Clearwater incentivize renovation of commercial properties in downtown. Façade improvements further the goal of the Downtown Redevelopment Plan to create a high-quality public realm. Eligible improvements are cosmetic and structural changes to the front wall of a building including brick restoration, lighting, entryways, windows, public art and signage that is attached to the façade. Routine maintenance is not eligible for grant funding, nor improvements on facades that are not adjacent to the public right of way. All improvements must be compatible with the City’s zoning and design regulations. 405 South Missouri Avenue is the former property of Buds Electric and Motor Services Inc. It was purchased by Joseph Clancy on October 31, 2018 to establish a new restaurant, Philly Joe’s. The building is on the corner of South Missouri Avenue and Santa Rosa Street which makes two sides of the building eligible for grant funding. The owner has removed the stucco panels that covered the original brick building, reconfigured the building for restaurant usage, added a mural, and provided parking spaces with improved landscape, an outdoor dining and new signage. The owner has already expended $100,000 to remove stucco around the exterior of the building and added new doors and windows. The owner has requested a façade grant to offset the costs of the remaining work including new exterior doors, windows, brick restoration, landscaping, artwork, and exterior lighting. The total cost of the additional exterior improvements is $152,750. The proposed project received 100 out of 100 total points as part of the grant application review process. This score is eligible for a 50% match of the total cost of the project for $76,375. In addition to matching the CRA’s financial investment, the owner must grant a conservation easement to preserve and maintain the façade for a minimum of five years. CRA staff recommends funding at the full 100% match and acceptance of the conservation easement. APPROPRIATION CODE AND AMOUNT: Funds are available in CRA capital improvement project 3887552-99979, Façade Program for this grant. In response to questions, CRA Executive Director Amanda Thompson said downtown zoning does not require parking for commercial establishments. There is a surface parking lot that surrounds their patio and on-street parking on the side street. The tentative opening is scheduled within the next two weeks. Trustee Cundiff moved to approve a façade grant for 405 South Missouri Avenue in the amount of $76,375, accept the façade preservation easement and authorize the appropriate officials to Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 11 City of Clearwater execute same. The motion was duly seconded and carried unanimously. 4.7 Discuss potential Letters of Interest for CRA-owned properties. CRA Executive Director Amanda Thompson provided a PowerPoint presentation. In response to questions, Ms. Thompson said an RFP in the CRA is limited to 30 days. A letter of interest may match what is included in an RFP; the City may ask for housing projects but receive responses for an art center. Staff may determine what the market is seeking based on the letters of interest received. She said the new downtown zoning allows many uses but the CRA must specify what is seeks. The CRA has the ability to sell property at a fair value and does not have to sell to the highest bidder. The CRA may extend the payment for land over time or take the proceeds from the sale back into the property, which is an additional source of funding. The 306 S. Washington Avenue site is located in an Opportunity Zone and is perfect for an investor with capital gains. Staff anticipates the community gardens at the 1250 Cleveland Street site would remain onsite but shift on rooftop terraces or hanging off the walls. There was consensus to move forward with the call for letter of interest. 5. Director's Report CRA Executive Director Amanda Thompson provided a PowerPoint presentation and presented a video of the 3-D tree wrapping projections. In response to questions, Ms. Thompson said staff will research the cost to own the projection equipment versus renting the equipment. Staff would come back with a recommendation. There was consensus for staff to move forward with determining if the projection equipment should be rented or owned. Community Redevelopment Agency Meeting Minutes February 18, 2020 Page 12 City of Clearwater 6. Adjourn The meeting was adjourned at 10:36 a.m. Chair Community Redevelopment Agency Attest City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7538 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Amend the Clearwater Community Redevelopment Agency’s rules and regulations. SUMMARY: The Clearwater Community Redevelopment Agency was established as an independent division within the City of Clearwater in 2016. It was formerly located in the Economic Development and Housing division. In response to this reorganization and recent changes in state legislation governing CRA’s, revised rules and regulations have been prepared for adoption. New language has been added to recognize required ethics training for CRA trustees, establish new purchasing procedures, financial reporting requirements and allowable expenditures. The updated rules establish a process for disposition of CRA owned properties and policies for the execution of documents and resolutions. The proposed rules will establish by adoption, what the CRA has followed in practice. The rules follow state and county CRA reporting requirements. Page 1 City of Clearwater Printed on 3/10/2020 Rule 1 - Membership The membership of the Community Redevelopment Agency of the City of Clearwater, Florida (“Agency”), shall be composed of the five members of the Clearwater City Commission Council and two ex-officio non-voting members of the Downtown Development Board. A quorum for the transaction of business by the Agency shall consist of three voting members. Any action to be approved will need a majority vote of the voting membership. The Mayor shall serve as Chair and the Vice-Mayor as Vice Chair of the Agency. In case of the Chair’s absence, the Vice Chair shall assume the responsibilities of the Chair. If both are absent, the senior Agency member in years of service shall preside. The Chair shall run the meeting and preserve order. The Chair shall recognize all members who seek the floor under correct procedure. Members of the public shall be allowed to speak. Rule 2 – Executive Director The Agency shall approve the appointment of Executive Director by a majority vote whose presence is required at all Agency meetings. The Executive Director of the Agency shall be the Assistant City Manager and report directly to the City Manager, or the City Manager’s designee, and to the Agency and make recommendations as to how CRA programs and funding should be executed. The Executive Director shall establish the staffing of the office which comports with the Agency’s approved annual operating budget and the Agency’s approved interlocal agreement with the City of Clearwater (“City”). The Executive Director shall be hired and removed by the City Manager with the concurrence of a majority of the Agency. The Executive Director shall have the following powers and responsibilities: (a) Facilitate the direction of the Agency’s members by preparing long- and short-range redevelopment plans and implementing those plans after Agency approval. (b) Facilitate the direction of the Agency’s members by preparing Agency programs and implementing those programs after Agency approval. (c) Facilitate the direction of the Agency’s members by disposing Agency-owned real property in conformity with § 163.380, Florida Statutes and Rule 24. (d) Create an annual operating budget and all other annual reports the Agency is responsible for compiling under Part III, Chapter 163, Florida Statutes and Chapter 189, Florida Statutes, and transmit those reports to the responsible state and local agencies. (e) Process Agency agenda items in conformity with Rule 11. (f) Create and nurture professional working relationships with state and local agencies, local businesses, and the public. Rule 3 – Recording Minutes The City Clerk shall provide minutes of the proceedings of each Agency meeting and shall furnish copies of the minutes of each regularly scheduled meeting to the Chair and to each Agency member at least seven days prior to the next regular meeting. Such minutes shall stand confirmed at the regular meeting of the Agency without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the agency present, and in such event, an appropriate correction shall be made. Upon request, the Executive Director will ask the City Clerk to provide any member with transcribed excerpts of tapes of Agency meetings. Rule 4 – Furnishing Minutes A copy of the minutes of each agency meeting and of each resolution when passed shall be furnished by the City Clerk to the City Manager. Rule 5 – Scheduling Meetings The Agency shall conduct business on a regular basis as scheduled by the Executive Director. These meetings shall normally be conducted in advance of the City Commission Council Work Session. Special Meetings of the Agency shall be called from time to time by the Chair, Executive Director, or any voting member. Not less the 48 hours public notice for any special meetings shall be provided. Except for items advertised for public hearings, items may be removed from the agenda and additional items may be added; this shall not apply to special meetings. The agenda may be re-ordered. Rule 6 – Appointment of Committees The Agency shall appoint any committees or advisory boards as may be required for successful execution of Agency business. The Agency shall appoint an Agency member to the Main Street Joint Venture for a term of two years. Rule 7 – Conflict of Interest According to applicable provision of state law, no voting member shall voluntarily or involuntarily acquire any personal interest, director or indirect, in any community redeve lopment project, or in any contract or proposed contract in connection with any community redevelopment project. Should any member involuntarily acquire any interest in a community redevelopment project, that interest shall be immediately disclosed in writing. If any member presently owns or controls or owned or controlled within the preceding two years any interest, direct or indirect, any property included or planned to be included in ac community redevelopment project, that interest shall immediately be disclosed in writing, and such disclosure shall be entered upon the minutes of the Agency. Any voting member disclosing such interest shall not participate in any decision of the Agency affecting such property. Rule 8 – Attendance The City official whose regular attendance shall be required during the sittings of the Agency shall be the City Manager, the City Attorney and Executive Director or their substitutes; but all or any officers of the City shall be bound to attend any meetings upon request of any voting member of the Agency. Rule 9 – Public Access No citizen, except those determined to be out of order and subject to removal by the Chief of Police or the Chief’s designee, shall be excluded from any meeting of the Agency whether it be regularly scheduled or specially called. Rule 10 - Reconsideration Any voting member of the Agency who voted with the prevailing side may move a reconsideration of any action of the whole Agency provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion of some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. Rule 11 – Agenda The Executive Director, City Attorney, City Manager or any member may agenda an item. Any citizen may request to be on the agenda, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda, but the agency may do so by a majority vote or by consensus in response to a suggestion from the Chair. Rule 12 – Suspension of Rules These rules, or any of them, with the exception of provision of state law, may be amended or temporally suspended at any meeting of the Agency by a majority vote. These rules are for the efficient and orderly conduct of the business of the Agency only, and no violation shall invalidate any action of the Agency when approved by the majority votes. Rule 13 – Order of Proceedings When a motion is made or seconded, it shall be stated by the Chair before any debate shall be in order. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the chair stating the question on the motion; after that time, the permission of the Agency majority must be obtained. The chair cannot close debate as long as any member who has not exhausted the right to debate desires the floor except by a majority vote. A tie vote shall constitute a continuance to the next regularly scheduled meeting. Rule 14 – Material Publication The City Clerk shall provide material to the press and to the public as part of the City Commission Council Work Session package in the City Clerk’s office. Reports shall be made available in the Clerk’s office for the public to check out and study at their leisure. Rule 15 – Public Records Access All mail to the Agency arriving at City Hall Offices and received pursuant to the Public Records law or in connection with the transaction of official business by the agency shall be copied and provided to all members and to the press with the following exceptions: (a) Mail from governmental agencies, addressed to the Chair which is clearly intended for administrative action will be delivered to the Executive Director with informational copies to all Agency members as deemed necessary. (b) Anonymous letters will not be distributed but shall be retained in compliance with Public Records Law. (c) Only the agendas will be circulated. Items of considerable length (such as petitions) will not be copied, but instead a memorandum will be distributed announcing the availability of the addressee to comply with the Public Records law. (d) The Executive Director will be responsible for seeing that the mail addressed to the Agency members is properly answered or placed on the agenda. Rule 16 – Majority Vote As used in these rules, “majority vote” means the concurring vote of a majority of the voting membership of the Agency. Rule 17 – Rules of Conduct Except as provided herein, or as may be required by Florida law, the rules of the Agency for the conduct of its business shall be as provided in the most recent edition of Robert’s Rules of Order. Rule 18 – Ethics Training Each member of the Agency must complete four (4) hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for public officers and Employees, and the public records and public meetings laws of this State. This requirement can be completed through completion of a continuing legal education class or other continuing professional education class, seminar, or presentation that contains the required subject material. Rule 19 – Publication of Boundaries The Agency shall publish on its website digital maps that depict the geographic boundaries and total acreage of the Agency. If any changes are made to the boundaries or total acreage, the Agency shall post updated maps within 60 days after the date such changes are made. Rule 20 – Annual Reporting The Agency shall file an annual report with the City Council and with Pinellas County Board of County Commissioners no later than March 31st of each year. The report must include the following information: (a) The most recent complete audit report of the redevelopment trust fund as required by § 163.387(8), Fla. Stat. and as outlined in Rule 21. (b) The performance data for each plan authorized administered, or overseen by the Agency as of December 31st of the reporting year, including the: 1. Total number of projects started and completed and the estimated cost for each project. 2. Total expenditures from the redevelopment trust fund. 3. Original assessed real property values within the Agency’s area of authority as of the day the agency was created. 4. Total assessed real property values of property within the boundaries of the community Agency as of January 1st of the reporting year. 5. Total amount expended for affordable housing for low-income and middle- income residents. (c) A summary indicating to what extent, if any, the Agency has achieved the goals set out in its community redevelopment plan. (d) The Annual Budget of the Agency as outlined under Rule 21. The report shall also be published on the Agency’s website. Rule 21 – Annual Financial Audit The Agency shall provide for a financial audit each fiscal year by an independent certified public accountant or firm conducted in accordance with rules for audits of local governments adopted by the Auditor General pursuant to § 163.387(8)(a-d), Fla. Stat. The report must: (a) Describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which increment revenues are pledged and the remaining amount of such indebtedness. (b) Include financial statements identifying the assets, liabilities, income, and operating expenses of the community redevelopment agency as of the end of such fiscal year. (c) Include a finding by the auditor as to whether the Agency is in compliance with subsections (6) and (7) of § 163.387, Fla. Stat. This audit report must accompany the annual financial report submitted by the City to the Department of Financial Services as provided in § 218.32, Fla. Stat., regardless of whether the Agency reports separately under that section. The Agency shall also provide a copy of the audit report to each taxing authority. Rule 22 – Annual Budget The Agency shall produce and adopt an annual budget by resolution outlining the funds to be used in furtherance of the adopted community redevelopment plan. The format for this budget is outlined in § 189.016(3), Fla. Stat. The tentative budget will be posted on the Agency’s website at least 2 days prior to the budget hearing and must remain on the website at least 45 days. The final adopted budget will be posted on the Agency’s website within 30 days of adoption and will remain on the website for at least two years. The Agency may amend the budget at any time within a fiscal year or within 60 days following the end of the fiscal year as follows: (a) Appropriations for expenditures within a fund may be decreased or increased by motion recorded in the minutes if the total appropriations of the fund do not increase. (b) The Agency may establish procedures by which the designated budget manager, who is the City’s Finance Director or the Finance Director’s designee, may authorize certain amendments if the total appropriations of the fund do not increase. (c) If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or paragraph (b), the budget amendment must be adopted by resolution. The adopted amendment must be posted on the official website of the special district within 5 days after adoption and must remain on the website for at least 2 years. The budget shall be submitted to the Board of County Commissioners of Pinellas County within 10 days of its adoption, any amendments to the budget must be submitted to the Board within 10 days after the adoption date of the amended budget. Rule 23 – Expenditures Monies in the redevelopment trust fund may be expended for undertakings of the Agency as described in the community redevelopment plan only pursuant to the annual budget adopted by the Agency and only for those purposes found in § 163.387(6)(c), Fla. Stat. Rule 24 – Disposition of Agency-Owned Real Property Disposition of real property by the Agency for redevelopment purposes, whether by sale, lease, or otherwise, must comport with § 163.380, Florida Statutes. Therefore, prior to any disposition of Agency-owned real property, the Executive Director shall schedule an agenda item recommending how the property should be disposed and requesting direction from the Agency’s members regarding disposition of the property. After such direction is given, the Executive Director shall promptly issue a request for proposals and qualifying proposals shall be reviewed by a review committee consisting of the Executive Director and any other Agency or City employee deemed necessary for consideration purposes. The Executive Director is thereafter authorized to begin negotiations with the most qualified applicant and must bring any proposed disposition agreement to the Agency for the members’ review and approval at the next scheduled Agency meeting. However, if the review committee decides that there is no qualified applicant, the Executive Director is authorized to re-issue the request for proposals and begin the proposal process anew. Prior to scheduling the agenda item requesting direction from the Agency’s members regarding disposition of any Agency-owned real property, the Executive Director may solicit letters of interest from qualified developers. Rule 25 – Purchasing Procedures The City shall function as the purchasing agent for the Agency. All purchases by the Agency shall be conducted in accordance with the City’s purchasing code and the City’s purchasing policies. Rule 26 – Amendments of These Rules Amendments to these Rules shall require the affirmative vote of at least a majority vote of the Agency’s members. Rule 27 – Execution of Documents All documents executed by the Agency shall be executed by the Chair or the Executive Director, with an attestation by the City Clerk, or the City Clerk’s designee, and a review for legal sufficiency and form by the City Attorney, or the City Attorney’s designee. Rule 28 – Execution of Resolutions All resolutions executed by the Agency shall be executed by the Chair, with an attestation by the City Clerk, or the City Clerk’s designee, and a review for legal sufficiency and form by the City Attorney, or the City Attorney’s designee. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7540 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Authorize the CRA Director to develop a grant agreement in the amount of $500,000 to incentivize the construction of new rental housing as part of a mixed-use development at 708 Chestnut Street. SUMMARY: The CRA received an incentive request from Chestnut and Myrtle, LLC for $750,000 to renovate an existing blighted building at 708 Chestnut Street to create a mixed-use development with 5,425 square feet of commercial space and up to 17 apartment units. The applicant has completed a preliminary zoning and permit review process but has not received a building permit. The proposed project would result in a significant renovation of a dilapidated building on a highly visible corner in downtown. It is a textbook example of a project that can take advantage of the downtown Opportunity Zone tax credits program. The construction of new rental housing is a high priority in the downtown plan and CRA strategy. The proposed project meets several policies and objectives in the 2018 Clearwater Downtown Redevelopment Plan including: Policy 18: The design of all projects in Downtown shall incorporate pedestrian-scale elements that create and maintain an inviting pedestrian environment Policy 5: Buildings and developments should be people oriented Policy 6: Support shared parking for mixed uses Objective 4A: Encourage redevelopment that contains a variety of building forms and styles Objective 1F: Allow for a variety of residential densities and housing types to provide for a range of affordability and mix of incomes consistent with the Character Districts Objective 1G: Continue to utilize a variety of incentives to encourage the construction of new residential uses to locate Downtown The current economy does not support the construction of new housing without public subsidy. Increased downtown residents are critical to supporting local businesses and providing additional foot traffic on nights and weekends. Without this incentive, the applicant will renovate the existing commercial space and may construct up to 4 housing units. Based on available funding, an incentive of $500,000 is recommended. Staff is seeking authorization for the CRA Director to develop a grant agreement to bring to the Trustees for approval that would include the final number of housing units, a project timeline, a payment schedule and other items pertaining to the management of the grant. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 3/10/2020 File Number: ID#20-7540 Funds are available in the Downtown Redevelopment fund 388-94714 for this grant. Page 2 City of Clearwater Printed on 3/10/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7536 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve the first amendment to the Façade Grant for 808 Court Street Shopping Center in the amount of $39,825, accept the façade preservation easement, and authorize the appropriate officials to execute same. SUMMARY: The Community Redevelopment Agency trustees approved amendments to the Façade Improvement Grant program in April 2018. Facade improvements further the goal of the Downtown Redevelopment Plan to create a high-quality public realm. Eligible improvements are cosmetic and structural changes to the front wall of a building including brick restoration, lighting, entryways, windows, public art and signage that is attached to the facade. Routine maintenance is not eligible for grant funding, nor improvements on facades that are not adjacent to the public right of way. All improvements must be compatible with the City’s zoning and design regulations. 888 Business, LLC. property owner Sherry Lung received approval for a facade grant to make improvements to the 808 Court Street Shopping Center in June 2019. The original request received 100 out of 100 total points due to its highly visible location on Court Street, the poor condition of the existing building façade and the extent of the proposed improvements. The original application estimated the total project costs at $50,000, which made the project eligible for a $25,000 grant. This grant amount can be approved by the CRA Director and a façade grant was approved. No reimbursement for the June 2019 grant has been requested to date. The original project scope was expanded to include additional improvements that increased the total project cost from $50,000 to $79,650. The owner has requested an increase in the façade grant amount from $25,000 to a total of $39,825. Based on the work completed by the owner to date, eligible grant expenses include demolition of the old facia, stucco bands, exterior light fixtures, canopy and signage. The storefront window framing system has been reconstructed. New LED canopy lighting fixtures, signage, a parapet wall and stucco siding have been installed. The building has been painted as well. All changes comply with the downtown design standards. In addition to matching the CRA’s financial investment, the owner must grant a conservation easement to preserve and maintain the facade for a minimum of five years. CRA staff recommends approving the grant amendment to bring the total grant amount to $39,825 and acceptance of the façade preservation easement. Page 1 City of Clearwater Printed on 3/10/2020 File Number: ID#20-7536 APPROPRIATION CODE AND AMOUNT: Funds are available in CRA Project code 3887552- 99979 Façade Program. Page 2 City of Clearwater Printed on 3/10/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7537 Agenda Date: 3/16/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Approve an Agreement between the Community Redevelopment Agency and Amplify Clearwater, a Florida non-profit corporation, to produce and manage Downtown Clearwater events in an amount not to exceed $40,000 through Sept. 30, 2021 and authorize the appropriate officials to execute same. SUMMARY: Special events, of all sizes, are an integral part in creating a welcoming atmosphere in downtown. The 2018 Clearwater Downtown Redevelopment Plan principles call for downtown to be a vibrant place for public expression, to enable the arts and to create a more socially resilient community by connecting neighborhoods to downtown. The CRA has demonstrated that downtown can transition to a lively, arts-infused place through its programming at Second Century Studios, Holiday Extravaganza and support for events like the Clearwater Downtown Partnership’s craft beer festival and Blast Fridays. While there have been successes, staff has learned that smaller businesses and individuals have a difficult time navigating the City’s special event permitting process and paying for city required public safety costs. This results in lost opportunities for new ideas, new audiences and additional events to occur on a regular basis. It is important to maintain a consistent schedule of downtown events, large and small, to generate foot traffic to support local businesses, to increase the quality of life for downtown residents and employees and to invite in new audiences to experience downtown. Once construction on Imagine Clearwater and Streetscape Phase III begins, the CRA will need to increase its marketing efforts to remind our residents that downtown is still “open for business.” To build on our successes and address current challenges with producing special events, the CRA proposes to contract with Amplify Clearwater to manage ten events in Downtown Clearwater in fiscal year 2020-2021 including: ·1 large-scale event (1,000+ people) ·2 medium-scale events (100-1,000 people) ·3 small-scale events (20-100 people) ·4 arts events (10-1,000 people) Amplify will use its considerable resources, network and expertise to source and manage events in downtown with various partners and merchants to activate and program public spaces. Amplify will coordinate with the CRA to develop a process for soliciting and evaluating event ideas, provide staff to complete required paperwork for the city of Clearwater’s Special Event permitting process and provide a basic level of marketing. The event producer will still maintain responsibility for staffing the event, paying for the talent and other production costs. Page 1 City of Clearwater Printed on 3/10/2020 File Number: ID#20-7537 The CRA will work with Parks and Recreation to request co-sponsorship of downtown events to offset public safety costs outside of this grant request. The proposed grant meets Objective 1H: Maintain, activate and program parks, plazas and recreational areas and Objective 3F: Promote the visual and performing arts in the downtown plan. It aligns with the CRA’s adopted strategy of creating and sharing positive stories about downtown. This grant will serve to incentivize activity in downtown, helping to foster a vibrant and active public realm, to create recreation and entertainment opportunities, to promote the visual and performing arts, and to support the community in creating a downtown they love. APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in professional services 1889311-530100 Page 2 City of Clearwater Printed on 3/10/2020 Grant Funding between CRA and Amplify 1 CLEARWATER COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING AGREEMENT Downtown Event Management This Grant Funding Agreement is made and entered into this _______ day of _______________ 2020, between the COMMUNITY REDEVELOPMENT AGENCY, hereinafter the CRA, and AMPLIFY, INC., a Florida non-profit corporation, hereinafter referred to as “Amplify.” WHEREAS, one of the purposes of the 2018 Clearwater Downtown Redevelopment Plan (the Plan) is to “ encourage a vibrant and active public realm, recreation and entertainment opportunities, and support the community and neighborhoods;” and WHEREAS, an objective of the Plan is to promote the visual and performing arts and maintain and activate public spaces within the downtown; and WHEREAS, the CRA and Amplify desire to continue, expand and improve events throughout the CRA to promote Clearwater as a destination; and WHEREAS, The downtown events: 1) support existing retail business viability by creating consistent food traffic to create dining and retail demand for businesses in Downtown Clearwater; and, 2) increase the quality of life for downtown residents and employees; 3) provide opportunities to connect neighborhoods to Downtown Clearwater through attendance at events; and, 4) support ULI Panel recommendation to create “……a lively Downtown”; and WHEREAS, the CRA has determined that is necessary to provide a $40,000 grant to partially underwrite the management of a 2020-2021 season of events. NOW, THEREFORE, be it resolved: . ARTICLE I. TERM The term of this agreement shall be for a period of eighteen (18) months commencing on April 1, 2020 and continuing through September 30, 2021 (the "Termination Date"), unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF AMPLIFY 1) Services to be Provided. Amplify shall manage and promote 10 events to promote Downtown Clearwater as more fully described in Exhibit A. Such events shall be coordinated with the CRA to ensure that the programming is consistent with the intent of the grant. 2) Scheduled Reports of Activities. Amplify shall furnish the CRA a financial report and accounting of the use of the CRA funds quarterly and at the end of the 2020-2021 season. The financial report is to set forth the total cost of operations provided, and the detailed account of costs funded in part by the CRA. 3) Use and Disposition of Funds Received. Amplify shall deposit the CRA grant funds in a dedicated, segregated account to be used for downtown events only. Funds received by Grant Funding between CRA and Amplify 2 Amplify from the CRA shall be used towards the payment of expenses attendant to downtown events only. 4) Creation, Use and Maintenances of Financial Records. a) Creation of Records. Amplify shall create, maintain and make accessible to authorized CRA representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of Amplify. Such records shall be available and accessible at all times for inspection, review or audit by authorized CRA personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. Amplify shall produce such reports and analyses that may be required by the CRA to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 5) Non-discrimination. Notwithstanding any other provision of this agreement, Amplify for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the CRA shall have the right to terminate this agreement immediately. 6) Liability and Indemnification. Amplify shall act as an independent contractor and shall defend, indemnify, and hold harmless the CRA, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature arising from the negligence or willful misconduct of Amplify, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims also arising from the negligence or willful misconduct of the CRA or CRA’s agents or employees. Nothing herein shall be construed as consent by the CRA to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. Grant Funding between CRA and Amplify 3 7) Compliance with Laws. Amplify shall comply with all applicable federal, state, county and local laws, rules and regulations. If it is ever determined that this Agreement violates any federal, state, county or local laws, rules or regulations as a result of the actions of Amplify, then Amplify shall comply in a timely manner or CRA may terminate. ARTICLE III. RESPONSIBILITIES OF THE CRA 1) GRANT. The CRA agrees to provide funding on a quarterly basis in the amount of $10,000 per quarter beginning on July 1, 2020. Payment will be made within thirty (30) days of receiving an invoice. The total grant amount shall not exceed $40,000. Payments will be made to Amplify to fund the costs incurred in providing the activities authorized by this agreement as provided in Exhibit A hereto. 2) Coordination. The CRA will meet with the Amplify on a monthly basis to coordinate promotion of events and approve the final selection of events receiving management services and city co-sponsorship. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party thirty (30) days notice of termination. If the default is not cured within the thirty (30) day period following receipt of notice, this Agreement shall terminate on the thirty-first (31st) day. 2) Disposition of Fund Monies. In the event of termination due to the fault of Amplify, monies provided to Amplify by CRA but not expended in accordance with this Agreement shall be returned to the CRA within 30 days of demand. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fi fth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Amplify addressed to: AMPLIFY Grant Funding between CRA and Amplify 4 2) If to CRA, addressed to: Amanda Thompson, Director, CRA P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: Michael Fuino, CRA Attorney P. O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. ARTICLE VIII. ASSIGNABILITY Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other parties. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______ day of _________________, 2020. Countersigned: Community Redevelopment Agency ____________________________ ___________________________________ George N. Cretekos Amanda Thompson Chairman Director Approved as to form: Attest: ____________________________ ___________________________________ Michael Fuino Rosemarie Call CRA Attorney City Clerk AMPLIFY. By: _______________________________ Amanda Payne President & CEO Grant Funding between CRA and Amplify 5 Exhibit A Amplify 1. Will coordinate with the CRA to develop a process for soliciting and evaluating event ideas 2. Will provide staff to complete all the required paperwork and meetings for the City’s Special Event permitting process for a minimum of 10 events as described under Scope 3. Will provide the following promotion for downtown events: o Write and distribute a Press Release and handle media relations o Create image and content for posting on all social media channels o Utilize up to $1000 of the grant budget for paid advertising at Amplify’s discretion o Utilize up to $2000 of the grant budget for printed collateral (flyers, posters, etc.) at Amplify’s discretion 4. Will follow all special event policies 5. Will provide a way for event producers to solicit for volunteers through Amplify’s or other networks 6. Will use the following language on all event promotions – “(NAME of event) is brought to you by (NAME OF Producer) in partnership with Amplify and sponsored by the CRA/City.” 7. Will meet with the CRA on a monthly basis to review event requests and select which events to coordinate and receive city sponsorship CRA The Community Redevelopment Agency would help solicit event ideas. The CRA would manage the contract with the event company and assist in promoting events in downtown through its channels. The city/CRA would be listed as a partner/sponsor for events. The CRA will retain final approval of all events that receive Amplify’s assistance. City Parks and Recreation Special Events Department Will help solicit event ideas Will provide co-sponsorship to subsidize city costs for up to 10 events as described in the Scope if and where applicable Will provide all the information needed to successfully permit an event in downtown Event Producers Any person or entity can be an event producer including the CRA, City, Amplify. Producers can be local businesses or out of town entities. Producers will be listed on any event permit applications and are responsible for paying for all the production costs, finding talent, materials, staffing the event and paying any costs that City co-sponsorship cannot cover and will be held liable. They are responsible for any promotion/marketing beyond what the minimum that Amplify and CRA will provide. Scope: 10 events per year (see activity every season in downtown) Grant Funding between CRA and Amplify 6 • 1 large-scale event (1,000+ people) o Entails: ▪ Street closure ▪ Regional draw for attendees ▪ Long-term planning o Ex: Beer festival, food truck festival • 3 small-scale events (20-100 people) o Entails: ▪ No street closure ▪ Public/private space ▪ Smaller draw o Ex: Yoga in the Park, Movies in the Park, Pub Crawl • 2 medium-scale/one-off events (100-1,000 people) o Entails: ▪ Street closure ▪ Public space ▪ Large draw (but targeted promotion) o Ex: Taste of Clearwater, Biergarden • 4 arts events (10-1,000 people) o Entails: ▪ Street closure ▪ Public/private space ▪ Niche audience ▪ Ongoing promotion (may be experiential with no set event time) o Ex: Daf & Dream Fashion Show, Art Walk