05/18/2020Monday, May 18, 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
May 18, 2020Community Redevelopment Agency Meeting Agenda
To ensure public safety and comply with the Governor's Safer at Home order in response to the
COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, May 18, 2020 at
9:00 a.m. using communications media technology.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20,
2020, municipalities may conduct meetings of their governing boards without having a quorum of its
members present physically or at any specific location, and utilizing communications media technology
such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
The meeting will be held through the Zoom platform and will be broadcast live
on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos),
o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e
(www.youtube.com/myclearwater) as well as the following public access TV channels:
Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15.
Citizens wishing to provide comments on an agenda item are encouraged to do so
in advance through written comment. The City has established the following four options to ensure
public comment for a virtual meeting:
1)eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. Comments received
during the meeting will become part of the official record, if posted prior to the closing of public
comment. The City Clerk will read received comments into the record.
2)Email – Individuals may submit written comments or videos to
ClearwaterCRA@myclearwater.com. All comments received by 5 p.m. the day before the meeting
(May 17) will become part of the official record. The City Clerk will read received comments into the
record.
3)Call-in - During the meeting individuals will be able to call in to 562-4646 and be placed on-air to
speak to an individual item.
4)Council Chambers - Additionally, like any other council meeting, the public may provide public
comment at the Main Library, Council Chambers, 100 N Osceola Avenue. Due to COVID-19, all
speakers desiring to appear in person will be subject to all applicable emergency measures in place to
prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening
for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to
enter council chambers but will be able to participate through the remote options described above.
Individuals with disabilities who need reasonable accommodations to effectively participate in this
meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in
advance.
1. Call To Order
2. Approval of Minutes
2.1 Approve the March 16, 2020 CRA Meeting Minutes as submitted in written
summation by the City Clerk.
Page 2 City of Clearwater Printed on 5/15/2020
May 18, 2020Community Redevelopment Agency Meeting Agenda
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Approve amendments to The Ring, LLC grant agreement and authorize the
appropriate officials to execute same.
4.2 Approve a design by Klar and Klar architecture for a dynamic public plaza
space at the intersection of Cleveland Street and Gulf to Bay Boulevard to be
incorporated within the larger Cleveland Street Streetscaping Phase III project.
4.3 CRA Two-Year Strategy Discussion
4.4 Approve a grant agreement with Chestnut and Myrtle, LLC 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 and authorize the appropriate
officials to execute same.
4.5 Approve the Community Redevelopment Agency’s COVID-19 Recovery
Program and authorize the appropriate officials to execute same.
4.6 Small Business Presentation
5. Director's Report
6. Adjourn
Page 3 City of Clearwater Printed on 5/15/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7753
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the March 16, 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 5/15/2020
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 1
City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, March 16, 2020
9:00 AM
Main Library - Council Chambers
Community Redevelopment Agency
Draft
Community Redevelopment Agency Meeting Minutes March 16, 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
Also Present – William B. Horne II – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk - Assistant City Manager, Pamela K. Akin –
City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy
City Clerk and Amanda Thompson – CRA Executive Director
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved 1. Call to Order – Chair Cretekos
The meeting was called to order at 9:11 a.m. in Council Chambers at the
Main Library.
2. Approval of Minutes
2.1 Approve the February 18, 2020 CRA Meeting Minutes as submitted in written summation
by the City Clerk.
Trustee Allbritton moved to approve the February 18, 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 Clearwater Community Redevelopment Agency’s rules and regulations.
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 Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 3
City of Clearwater
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.
In response to questions, Assistant City Attorney Michael Fuino said the
annual report deadline is set by Florida Statutes. Staff should already be
working on this year's report. CRA Executive Director Amanda
Thompson said the CRA does the audit at the same time as the City's.
The annual report has already been completed and includes last year's
audit. She said Pinellas County has adopted a new reporting framework
this year that includes different performance measures.
Trustee Polglaze moved to amend the Clearwater Community
Redevelopment Agency’s rules and regulations. The motion was
duly seconded and carried unanimously.
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.
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 Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 4
City of Clearwater
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:
Funds are available in the Downtown Redevelopment fund 388-94714 for this
grant.
Applicants Ray Cassano and Shahab Emarni reviewed the mixed use
commercial development project. Mr. Cassano said the project will
spread beyond Cleveland Street and will ignite more development in the
area. The requested incentive would allow for a third floor on the
property or help buy the out parcel, which is currently for sale, for
additional parking. It will take approximately $3 million to renovate the
building and add 14 apartments, 4 stores, and 17 parking spaces in
Downtown. In its current state, the building is un-occupiable. Mr.
Cassano said the land was purchased in cash and a $750,000-loan
from Valley Bank has been obtained, which can be upgraded to $1
million. If the incentive is not approved, the building may be blocked out
for a one-person tenant, which would not benefit Downtown as much. He
said he has a tenant willing to use the space as is and they will build out the
interior.
In response to questions, Mr. Cassano said the apartments will not be
expensive to rent; will not be subsidized rentals nor high-market rentals.
CRA Executive Director Amanda Thompson said since the applicants
are not a housing authority, a target, such as 70% AMI, has not been set.
The rates discussed with staff will be slightly less than the Nolen Apartments,
contingent on the final construction costs. Since there are no amenities
and the units will be smaller, the proposed apartments will be less
expensive the Nolen or Apex 1100. She said the Trustees could set an
AMI; workforce housing is set at 80-120% AMI. Mr. Cassano said the 17
parking spaces will be available for retail during the day since most of the Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 5
City of Clearwater
apartment tenants will be gone during the day. He said the total cost for
the building renovations will be $3.6 million. Ms. Thompson said if the
Trustees are not supportive of encumbering this amount of money and
the project's concept, staff will not initiate going into the details, such as
funding sources and project timelines. The applicants do not have
tenants for the retail spaces; if the incentive is not provided, they will
create a shell space for a potential medical office tenant. She said the
CRA is interested in the housing proposal. Ms. Thompson said she
thinks it's possible to get a shared parking agreement with Walgreens;
parking for retail will not be needed at night. The project site is extremely
close to public transit and to the Pinellas Trail. The City's zoning
ordinance for commercial uses does not require parking. Mr. Cassano
said the smallest unit will be a 650-sq. ft. studio and the largest unit will be
approximately 1,000 sq. ft. Mr. Cassano said they have owned the
property for approximately two years.
A concern was expressed that the application was incomplete as it did not
identify all dedicated funding sources or plans for retail spaces.
In response to questions, Ms. Thompson said staff recommends
restricting the CRA's funds to the housing construction. The 17
spaced-parking lot will be located on the site the applicants already own
(the one-story addition). The CRA's interest is to reduce the
cost to build housing units; the CRA should not worry whether or not the
applicants get the additional parking. She said the Trustees may tie
approval of the project contingent on the applicant's obtaining additional
land for parking.
The City Attorney said if the motion is approved, the Trustees authorize
Ms. Thompson to negotiate a grant agreement. The Trustees will have an
opportunity to approve, or not, the grant agreement as recommended by
staff. To some extent, the item will give staff direction on what the
Trustees would like to see in the agreement. If the motion is not
approved, staff will not have any reason to continue negotiations. Ms.
Thompson said when the grant agreement comes back, zoning approved
plans, construction timelines and financing details will be included. She
said it is clear the Trustees have questions regarding total project cost
and whether that includes land acquisition, sources of financing,
timelines, types of uses on the ground floor, and how it may influence
perception/foot traffic in Downtown.
Trustee Cundiff moved to authorize the CRA Director to develop
a grant agreement in the amount of $500,000 to incentivize the Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 6
City of Clearwater
construction of new rental housing as part of a mixed-use
development at 708 Chestnut Street. The motion was duly
seconded and carried with the following vote:
Ayes: 4 - Chair Cretekos, Trustee Cundiff, Trustee Hamilton and Trustee
Allbritton
Nays: 1 - Trustee Polglaze
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.
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 Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 7
City of Clearwater
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.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CRA Project code 3887552- 99979 Façade Program.
Trustee Hamilton moved to 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. The motion
was duly seconded and carried unanimously.
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.
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) Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 8
City of Clearwater
• 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. 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
In response to questions, CRA Executive Director Amanda Thompson
said staff will be using time through October 1st to solicit ideas for the
identified events and then find the talent and event producers. It will be an
opportunity to determine what types of events people have wanted but
unable to pursue. She said the City has big signature events but she
would like to build the capacity of different organizations to produce
events in Downtown.
Trustee Allbritton moved to 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. The motion was duly seconded and carried
unanimously.
5. Director's Report Draft
Community Redevelopment Agency Meeting Minutes March 16, 2020
Page 9
City of Clearwater
CRA Executive Director Amanda Thompson presented three conceptual
designs for the Mercado. The market festival plaza will be constructed as
part of the Streetscape Phase 3 construction. Staff anticipates a final
design will be recommended in May.
Comments were made that the conceptual design should include the
surrounding buildings. As presented, the conceptual design appears the
plaza is located at the beach. 6. Adjourn
The meeting adjourned at 10:15 a.m.
Chair
Community Redevelopment Agency
Attest
City Clerk Draft
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7625
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve amendments to The Ring, LLC grant agreement and authorize the appropriate officials
to execute same.
SUMMARY:
The Community Redevelopment Agency trustees approved a development agreement on
October 30, 2017 with The Ring Workspaces, LLC (grantee) to establish a co-work space at
600 Cleveland Street (One Clearwater Tower). The CRA’s investment of $600,000 in the
project was contingent on specific environmentally friendly building standards, the provision of
parking, construction timelines, performance reporting and office space for the city’s
“Clearwater Business SPARK” program among other requirements.
The CRA trustees amended the development agreement on January 14, 2019 to remove the
requirement for an outdoor terrace and update annual reporting requirements. The Ring
Workspaces, LLC opened in April 2019 and has reached 100% occupancy with 144 members
as of March 2020. After a year of operations, the grantee has requested the following changes
to the grant agreement for the SPARK membership:
1.Relocation from Private Office 210 to Private Office 205, from a 4-desks office to a
1-desk office respectively.
2.Unlimited use and access on a first-come-first-served basis to The Ring “Main
Conference Room” on the Third Floor of One Clearwater Tower.
3.30 hours/month conference room bookings for the Ring Multi-Media, Senses, Zen
Conference Rooms (Multi-Media room fits up to 50 people for larger meetings).
4. The proposed changes have been approved by SPARK administrator Audra Aja
and will allow SPARK to better serve their clients through increased privacy for
individual meetings and increased space for Clearwater Business SPARK partner
workshops.
The grantee still has an obligation to operate the co-workspace through 2024. That obligation is
backed by a performance mortgage on the site located at 630 Laura Street and the
performance mortgage will reduced by 20% for each year of operation as a co-workspace.
The Ring remains an exciting investment in support of downtown redevelopment goals to
attract high tech businesses and activate the downtown core. It contributes to building a
positive brand for downtown as a unique co-workspace designed to support a high level of
health and well-being.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 5/15/2020
File Number: ID#20-7625
Page 2 City of Clearwater Printed on 5/15/2020
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1
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the “Second
Amendment”) is made effective this _____ day of June, 2020, by and among the The
Ring Workspaces, LLC, a Florida limited liability company (“the Developer”), and City
of Clearwater Community Redevelopment Agency, a redevelopment agency
established pursuant to law (“the Agency,” and together with the Developer, the “parties”).
W I T N E S S E T H:
WHEREAS, the Developer and the Agency entered into a development agreement
(the “Agreement”) dated October 30, 2017, whereby the Developer did agree to develop
the Project as that term is used in the Agreement; and
WHEREAS, Clause 11.09(c) of the Agreement provides that the Agreement
cannot be changed or revised except by written amendment signed by the parties; and,
WHEREAS, the parties do, in fact, wish to change and revise certain aspects of
the Agreement;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Exhibit I to the Agreement is amended is shown on the attached amended Exhibit
I.
2. Remainder of the Agreement Unaffected. In all other respects, the remainder of
the Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Second Amendment is hereby amended to be consistent.
3. Headings. The headings contained in this Second Amendment are for reference
purposes only and shall not modify or affect this Second Amendment in any manner
whatsoever.
4. Counterparts. This Second Amendment may be executed in counterparts, all of
which together shall constitute one agreement binding on all the parties hereto.
IN WITNESS WHEREOF, the Agency and the Developer have caused this
Amendment to be duly executed on the day and year first written above.
AS TO THE DEVELOPER: THE RING, LLC
By:
Name:
Title:
2
AS TO THE AGENCY: CITY OF CLEARWATER COMMUNITY
REDEVELOPMENT AGENCY (“CRA”)
Countersigned:
______________________________ ______________________________
Frank V. Hibbard, CRA Chairperson Amanda Thompson, CRA Director
Approved as to form: Attest:
______________________________ _____________________________
Michael Fuino, CRA Attorney Rosemarie Call, City Clerk
3
Exhibit I
CO-WORK MEMBERSHIP PLAN FOR CITY OF CLEARWATER AND SMALL
BUSINESS SERVICES PARTNERS
Location: Second and Third Floor
600 Cleveland St.
Clearwater, FL 33755
Contact: Daniels Ikajevs, Owner
Email: dikajevs@aol.com
The following proposal is offered to the Municipality of the City of Clearwater and is
effective after the Development Agreement has been approved.
TERMS:
Membership Plan Executive Suite
Square Feet 80
Floor 2nd Floor Suite 205
Term Five years from date of occupancy
Cost FREE for duration of term
Approximate Value $70,000.00
THE PLAN INCLUDES:
The Ring onsite Community Manager Monday – Friday 8:00 am – 6:00 pm
24/7 access to Executive Suite on the 2nd Floor of The Ring
Free Parking (available on a first-come-first-served basis)
Free Mailing Address
High Speed Secured Internet
Paid Utilities (Water, Electricity, Cable)
Print/Scan/Fax/Copy Services
Telephony Provisions
Unlimited Access to 3rd Floor Main Conference Room with reservations available
on a first-come-first-served basis
30 hours/monthly of Conference Room Bookings (Ring Multi-Media, Senses, Zen
Conference Rooms)
Ergonomic Furniture (1 Desk, 1 Task Chair, 2 Guest Chairs and Mobile Filing
Cabinet/Storage Pedestal
Tier 1 Priority Access to all Networking Events, Exhibitions, and Workshops
Free Mind, Body, Soul Classes, Yoga and Self Defense Classes (TBD)
Weekly Networking with over 100 Businesses
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7626
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve a design by Klar and Klar architecture for a dynamic public plaza space at the
intersection of Cleveland Street and Gulf to Bay Boulevard to be incorporated within the larger
Cleveland Street Streetscaping Phase III project.
SUMMARY:
The purpose of this item is to request that the CRA Trustees approve the final design, “Scheme
C,” for the Mercado/Festival Plaza public space in the Downtown Gateway neighborhood. The
plaza will be integrated into the Streetscape Phase III construction work that will begin this fall.
There is an established project budget of $500,000 from County TIF funds to build the plaza.
Staff hosted two neighborhood meetings on February 27, 2020 with a total of 30 attendees. Klar
& Klar Architects presented three concept designs for the Festival Plaza and solicited feedback
from attendees. An online survey including the concept designs was conducted as well with a
total of 17 responses. When asked which concept respondents preferred, there was an even
split between the three options with a desire to choose colors and a design that would be
memorable. Respondents also requested to see more color options, to provide built-in activities
(like chess), to provide more shade, more landscaping and sustainability features. Residents
also requested a fountain or sculpture that honored the story and people in the Downtown
Gateway.
At the March 16, 2020 CRA meeting, the CRA Trustees directed staff to select the design that
best reflected the Mexican heritage of the neighborhood and to prepare more color options.
Based on this feedback, staff directed Klar & Klar to further develop the design for “Scheme C”
to incorporate the trustees’ and residents’ suggestions. The final design is a contemporary
version of the type of covered plaza found in traditional squares in Mexico. It provides a flexible
event space, ample shade, places for landscaping to be added and vibrant colors. Due to high
maintenance costs, it was not possible to provide a fountain. In lieu of a fountain or sculpture,
staff is proposing to hire an artist to work with the community to create a mosaic wall that tells
the stories of the people of the Downtown Gateway once the plaza is constructed.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CRA Project cost code 3887552-94895, Gateway Mercado, to fund this
design.
Page 1 City of Clearwater Printed on 5/15/2020
Mercado/Festival Plaza
Concept Design
March 2020
Scheme C
Scheme C
Scheme C
Scheme C
Scheme C
Scheme C
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7627
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
CRA Two-Year Strategy Discussion
SUMMARY:
The CRA Trustees adopted an 18-month strategy to guide implementation of the 2018
Downtown Redevelopment Plan that ended in March 2020. CRA Trustees will discuss
recommendations for a new two-year strategy to continue redevelopment efforts from
2020-2022.
Page 1 City of Clearwater Printed on 5/15/2020
|1CITY OF CLEARWATER
Community Redevelopment Agency
Strategy Discussion
May 2020
Two Part Conversation
May
•Elements of successful
downtowns
•Role of CRA’s
•Results of the October 2018 –
March 2020 CRA strategy
•Proposed Strategy Pillars
June
•Review Proposed Tactics
•Determine Budget Priorities
It takes everyone to
revitalize a
downtown
Government & Development Authorities
Downtown Advocacy Organizations
Residents
Property Owners
Non-profit Service Providers
Artists & Cultural Institutions
Private Investors & Lenders
Businesses & Entrepreneurs
Are Welcoming
Provide a
Diversity of
Experiences
Utilize Shared
Space
Are
Interconnected
Support
Multiple
Contributors
Successful Downtowns
The CRA's role:
•The CRA is a special tax district subject to Florida’s
Community Redevelopment Act
•The CRA’s primary purpose is to reduce blight and
other barriers to allow the private market to function
•City Council serves as the CRA Trustees
•The CRA is subject to different regulations than
General Fund expenditures
5/15/2020 6 |6
CRA Operational Requirements:
•State Statute
•Local Ordinances
•2018 Redevelopment Plan
•Strategy (Short Term Implementation Plan)
•Annual Budget and CIP programs
5/15/2020 7 |7
COMMUNITY REDEVELOPMENT AGENCY DISTRICT
How the CRA
Facilitates Change
Reduce Reduce Barriers to New Housing and
Businesses
Promote Promote a Positive Brand
Provide Provide Places for Partners to
Implement the Adopted Vision
Expand
and Grow Expand and Grow Networks of Investors
Downtown Plan Funding Categories
2018-2023
$5,000,000.00
$5,750,000.00
$565,000.00
$545,000.00
$185,000.00
$2,060,000.00 Total Projected Funding $14,105,000
Land Acquisition Capital Improvements Land Redevelopment Studies/Plans Marketing Programs/Projects
Previous 18 Month Strategy
Desired Outcome
Create lasting change in downtown by shifting
the perceptions held by the public and
investors about city government and
downtown Clearwater to one that aligns with
the adopted vision.
5/15/2020 11 |11Downtown Clearwater –18-Month Plan
CRA 18-Month Strategy
1. Create and share authentic,
positive stories about
Downtown Clearwater
2. Begin construction on Imagine
Clearwater
3. Permit 600 housing units
4. Attract $100 million dollars of
private investment
5/15/2020 12 |12Downtown Clearwater –18-Month Plan
Business and merchant
success stories
The Ring
Public art and façade grants
New shops and restaurants along Cleveland St.
The Nolen & Apex 1100
KnowBe4 Unicorn Status
5/15/2020 13 |13
Inclusive and vibrant public
spaces
Holiday Extravaganza
Harborview Center demolition/Imagine
Clearwater
Spring Break 2019 Pop-Up Park
5/15/2020 14 |14
The role of arts and culture in
downtown revitalization
Second Century Studio Programming
Mural program
Dreams of Dali
Sculpture 360
5/15/2020 15 |15
2019 Marketing Metrics
•61,097 pageviews at downtownclearwater.com
•28 ad campaigns on Facebook and Instagram
•19 MailChimp campaigns, 27.7% open rate (avg. 13.8%)
•Content partnerships with 83 Degrees Media and Tampa Bay Is
Awesome
5/15/2020 16 |16Downtown Clearwater –18-Month Plan
Permit 600
Housing
Units
•1100 Apex (134 units) and The Nolen (257
units) completed
•Approved a workforce housing project at
former FS 45 site (81 units)
•Implemented Food and Drink grant program to
create restaurant destination
•Moved forward with Mercado project
•Issued 3 RFPs for CRA owned sites
5/15/2020 17 |17
Attract
$100M in
Private
Investment
•Permits: 261 permits with a value of
$2,890,157.37
•Grant Matching Funds: Approximately $6
million
-Façade Grants
-Food and Drink Grant Program
-The Ring Incentive
-Sidewalk Café Furniture
-Apex 1100 Incentive
•New Businesses: 124 New BTRs issued
Impacts & Opportunities
2020-2022
•COVID-19 Changes
•Capital Improvements
•Opportunity Zone
•Emerging Downtown Brand
5/15/2020 19 |19
2020
Strategy
Pillars
Create and Share Positive, Authentic Stories
about Downtown Clearwater
Increase Investor Confidence
Placemaking
5/15/2020 20 |20
|21CITY OF CLEARWATER
Community Redevelopment Agency
Proposed Strategy 2020
May 2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7736
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Approve a grant agreement with Chestnut and Myrtle, LLC 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 and authorize the appropriate officials to execute same.
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,14 apartment units and 17 parking
spaces. The proposed project would result in a significant renovation of a dilapidated building
on a highly visible corner in downtown.
The 2018 Downtown Redevelopment Plan provides five questions that serve as a policy
framework for considering incentive requests. Staff has considered each of those questions
when forming a recommendation.
1.Is the request compliant with Federal, State and Local laws?
Yes, grants to support the construction of housing developments are legal uses of CRA
funds.
2.Is the request aligned with the 2018 Downtown Redevelopment plan?
Yes, 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
3.Has the private sector attempted to implement without incentives?
The current economy does not support the construction of new multi-story housing without
public subsidy. In the past twenty years, every multi-story housing development has benefited
from City and/or CRA subsidy. The amount of subsidy has ranged from $354,000 to $1.9
Page 1 City of Clearwater Printed on 5/15/2020
File Number: ID#20-7736
million. Without this incentive, the applicant will renovate the existing building to create a
one-story office building and surface parking lot or will demolish the building and place the land
up for sale.
4.What is the expected return on investment from a financial and public benefit
perspective?
The applicant has proposed to renovate and expand the current building for a total project
costs of $3.3 million, including $750,000 that has already been spent to purchase the
property. The current property is blighted and has been vacant for decades. The 2019
Municipal Taxable Value is $602,200 which generates $7,346 in City/County/DDB revenue
to the CRA.
The proposed CRA grant of $500,000 is 15% of the total project costs or $35,714 per
housing unit. Under state housing guidelines (SHIP) program, the maximum contribution is
$45,000 for renovating units. New construction contribution limits are higher, and
developers typically receive a development fee of 12%.
Increased downtown residents are critical to supporting local businesses and providing
additional foot traffic on nights and weekends. This project would serve as a model for other
single-story commercial properties in the CRA that would benefit from renovation and
adding residential units. Although this is not income restricted housing, it provides an
affordable rental option that downtown sorely needs. There are only two apartment
complexes in downtown, The Nolen and APEX 1100, which charge $1.60-$1.80 per square
foot. The proposed project will be closer to $1.50 per square foot.
5.Does the site have adequate utilities and infrastructure to support the request?
Yes, there are adequate utilities to serve this site as well as multiple points of vehicular and
pedestrian access.
As outlined in the grant agreement, staff recommends a grant of $500,000 for 14 apartment
units contingent on construction of Exhibit B. The project must receive a Certificate of
Occupancy within 24 months of the signed grant agreement. The housing units must remain
apartments for a minimum of five years. The grantees have provided a restricted deed and
personal guarantee as well.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Downtown Redevelopment Fund, CRA project code 3887552 94714
for this grant.
Page 2 City of Clearwater Printed on 5/15/2020
GRANT AGREEMENT FOR REDEVELOPMENT OF REAL PROPERTY
This Grant Agreement for Redevelopment of Real Property located at 708 Chestnut
Street, Clearwater, FL 33756 ("Agreement") is made as of May _____, 2020 (“the Effective
Date”), by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida
created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and CHESTNUT AND
MYRTLE LLC, a Florida limited liability company ("Developer").
W I T N E S S E T H:
WHEREAS, the Agency was created to implement the community redevelopment
activities in the Florida Community Redevelopment Act of 1969 (“the Act”) codified at
Chapter 163, Part III, Florida Statutes; and
WHEREAS, § 163.387(6)(c)(9), Florida Statutes provides that the budget of a
community redevelopment agency may provide for payment undertakings described in a
redevelopment plan and for expenses that are necessary to exercise the powers granted to
a community redevelopment agency under § 163.370, Fla. Stat.; and
WHEREAS, § 163.370(2)(a), Florida Statutes provides that one such power is the
ability to make and execute contracts and other instruments necessary or convenient to the
exercise of a community redevelopment agency’s exercise of its power under the Act; and
WHEREAS, another such power is found in § 163.370(2)(c), Florida Statutes which
provides that a community redevelopment agency may undertake and carry out community
redevelopment and related activities within the community redevelopment area; and
WHEREAS, Objective 1G of the Clearwater Downtown Redevelopment Plan (“the
Plan”) provides that the Agency will continue to utilize a variety of incentives to encourage
construction of new residential uses; and
WHEREAS, on February 13, 2020 the Agency received an application from the
Developer (“the Application”), a true and correct copy of which is attached to this Agreement
as Exhibit “A”, requesting financial assistance to construct a mixed-use project at 708
Chestnut Street, Clearwater, FL 33756 (“the Property”), which includes 14 new residential
apartment units and 17 parking spaces in Downtown (“the Project”); and
WHEREAS, the Developer has represented that the total cost of the Project is $3.3
million, which includes $750,000.00 for land acquisition, and that the Developer will not be
able to complete the Project without financial assistance from the Agency; and
WHEREAS, at a duly called public meeting on March 16, 2020 the Agency authorized
its Executive Director to begin negotiations for a possible grant agreement of up to
$500,000.00 to help fund the Project; and
WHEREAS, the Agency finds that providing financial assistance for redevelopment
of blighted real property is a permissible expenditure under the Agency’s approved budget
and the Act; and
WHEREAS, the Agency finds that the Property currently sits in a blighted state; and
WHEREAS, the Agency finds that the Project comports with and furthers the goals,
objectives, and policies of the Plan; and
WHEREAS, at a duly called public meeting on May 18, 2020 the Agency approved
this Agreement and authorized and directed its execution by the appropriate officials of the
Agency; and
WHEREAS, the Developer is a limited liability company organized under the laws of
the State of Florida and the members (as that term is defined in the operating agreement of
the Developer) of Developer have approved this Agreement and have authorized and
directed certain individuals to execute this Agreement on behalf of Developer;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
I. GENERAL
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. Intent; Purpose of Agreement. The purpose of this Agreement is to further the
implementation of the Plan by providing for the development, construction, and operation
of the Project in substantial compliance with the conceptual plans that are attached to this
Agreement as Exhibit “B”, all to enhance the quality of life, add new residents to the
Downtown, and improve the aesthetic and useful enjoyment of the Downtown through the
eradication of conditions of blight, all in accordance with and in furtherance of the Plan
and as authorized by and in accordance with the Act.
II. DEVELOPER RESPONSIBILITIES
3. Development of the Project. The Developer shall redevelop the Property in
substantial compliance with the Project and the conceptual plans that are attached to this
Agreement as Exhibit “B”, and obtain a final certificate of occupancy from the City of
Clearwater (“the City”) within 24 months of the Effective Date.
4. Maintaining the Units as Rentals. The Developer shall maintain the 14 residential
apartment units described in the Application and the conceptional plans as rental units
for a period of five years after a final certificate of occupancy from the City is issued.
III. AGENCY RESPONSIBILITIES
5. Grant Funding. The Agency shall reimburse the Developer for 50% of the Project’s
costs up to a maximum of $500,000.00 (“reimbursement funds”), payable only if: a) the
Developer obtains a final certificate of occupancy from the City within 24 months of the
Effective Date; and b) the Developer produces evidence that it has actually incurred these
Project costs to the satisfaction of the Agency’s Executive Director.
IV. DEVELOPER DEFAULT
6. Failure to Complete Project. If the Developer fails to complete the Project in
substantial compliance with the Application and the conceptual plans or if the Developer
fails to obtain a final certificate of occupancy from the City within 24 months of the
Effective Date, then the Developer will be in default under this Agreement. For purposes
of this Section, “substantial compliance” means, at a minimum, that the Property has been
redeveloped to include 14 new residential apartment units and 17 parking spaces. If the
event of default is the Developer’s failure to complete the Project in substantial
compliance with the Application and the conceptual plans or obtain a final certificate of
occupancy from the City within 24 months, and if the Agency has not tendered the
reimbursement funds to the Developer, then the parties agree that this Agreement shall
be null and void, and that the Agency will have no further responsibility to the Developer,
including the responsibility to tender the reimbursement funds to the Developer.
Moreover, if the event of default is the Developer’s failure to complete the project
in substantial compliance with the Application and the conceptual plans, and if the Agency
has tendered the reimbursement funds to the Developer, then the parties agree that the
Agency shall be entitled to either: a) specific performance of this Agreement; or b) return
of all reimbursement funds plus default interest at a rate of 10% starting from the date of
default.
7. Failure to Maintain the Units as Rentals. If the Developer fails to maintain the 14
residential apartment units as rental units for a period of five years after a final certificate
of occupancy from the City is issued, then the Developer will be in default under this
Agreement. If the event of default is the Developer’s failure to maintain the 14 residential
apartment units as rental units for a period of five years after a final certificate of
occupancy from the City is issued, and if the Agency has not disbursed the reimbursement
funds to the Developer, then the parties agree that this Agreement shall be null and void,
and that the Agency will have no further responsibility to the Developer, including the
responsibility to tender the reimbursement funds.
Moreover, if the event of default is the Developer’s failure to maintain the 14
residential apartment units as rental units for a period of five years after a final certificate
of occupancy from the City is issued, and if the Agency has tendered the reimbursement
funds to the Developer, then the parties agree that the Agency shall be entitled to either:
a) specific performance of this Agreement; or b) return of all reimbursement funds plus
default interest at a rate of 10% starting from the date of default.
8. Other Events of Default. In addition to the foregoing, the occurrence of any one or
more of the following after the Effective Date shall also constitute an event of default by
the Developer:
A. The Developer shall make a general assignment for the benefit of its creditors,
or shall admit in writing its inability to pay its debts as they become due or shall
file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or
shall file a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation or shall file an answer admitting, or shall fail
reasonably to contest, the material allegations of a petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment
of any trustee, receiver or liquidator of the Developer or any material part of
such entity's properties; or
B. Within 60 days after the commencement of any proceeding by or against the
Developer seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not have been
dismissed or otherwise terminated, or if, within 60 days after the appointment
without the consent or acquiescence of the Developer of any trustee, receiver
or liquidator of any of such entities or of any material part of any of such entity's
properties, such appointment shall not have been vacated.
If the event of default is one of the events listed in this Section 8 then the parties agree
that: a) this Agreement shall be null and void; b) that the Agency will have no further
responsibility to the Developer, including the responsibility to tender the reimbursement
funds to the Developer; and c) that if the Agency has tendered reimbursement funds to
the Developer, then the Agency shall be entitled to return of all reimbursement funds plus
default interest at a rate of 10% starting from the date of default.
9. Notice of Default and Opportunity to Cure. The Agency shall provide written notice
of any default under this Agreement and provide the Developer 30 days from the date the
notice is sent to cure the default. This notice will be deemed sent when sent by first class
mail to the Developer’s notice address or when delivered to the Developer if sent by a
different means.
V. MISCELLANEOUS
10. Notices. All notices, demands, requests for approvals or other communications
given by either party to another shall be in writing, and shall be sent to the office for each
party indicated below and addressed as follows:
To the Developer: To the Agency:
Chestnut and Mrytle, LLC Community Redevelopment Agency of the City
519 Cleveland Street of Clearwater
Suite 103 P.O. Box 4748
Clearwater, FL 33755 Clearwater, Florida 33758
Attention: Raymond Cassano Attention: Executive Director
with copies to:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: City Attorney
11. Unavoidable Delay. Any delay in performance of or inability to perform any
obligation under this Agreement (other than an obligation to pay money) due to any event
or condition described in this Section as an event of "Unavoidable Delay" shall be excused
in the manner provided in this Section.
“Unavoidable Delay” means any of the following events or conditions or any
combination thereof: acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability of materials after
timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight
embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely
abnormal and excessively inclement weather (as indicated by the records of the local
weather bureau for a five year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes,
restoration in connection with any of the foregoing or any other cause beyond the
reasonable control of the party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other party to this Agreement, or
acts of any governmental authority (except that acts of the Agency shall not constitute an
Unavoidable Delay with respect to performance by the Agency).
An application by any party hereto (“the Applicant”) for an extension of time
pursuant to this Section must be in writing, must set forth in detail the reasons and causes
of delay, and must be filed with the other party to this Agreement within 30 days following
the occurrence of the event or condition causing the Unavoidable Delay or 30 days
following the Applicant becoming aware (or with the exercise of reasonable diligence
should have become aware) of such occurrence.
The Applicant shall be entitled to an extension of time for an Unavoidable Delay
only for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence actually
delays that party from proceeding with its rights, duties and obligations under this
Agreement affected by such occurrence. In the event the Applicant is the Developer then
the Agency’s Executive Director is authorized to grant an extension of time for an
Unavoidable Delay for a period of up to 6 months. Any further requests for extensions of
time from the Developer must be approved by the Agency’s trustees.
12. Indemnification. The Developer agrees to assume all risks of inherent in this
Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the
Agency, its officers, agents, and employees from and against any and all claims of loss,
liability and damages of whatever nature, 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 arising from the negligence of the Agency or Agency's agents or
employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Developer's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Developer whether or not based on negligence. Nothing
herein shall be construed as consent by the Agency 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.
13. Assignability; Complete Agreement. This Agreement is non-assignable by either
party and constitutes the entire Agreement between the Developer and the Agency and
all prior or contemporaneous oral and written agreements or representations of any
nature with reference to the subject of the agreement are canceled and superseded by
the provisions of this agreement.
14. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance, and enforcement of this Agreement. This Agreement has been
negotiated by the Agency and the Developer, and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the
Developer, but by all equally.
15. Severability. Should any section or part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section in this Agreement.
16. Amendments. This Agreement cannot be changed or revised except by written
amendment signed by all parties hereto.
17. Jurisdiction and Venue. For purposes of any suit, action or other proceeding
arising out of or relating to this Agreement, the parties hereto do acknowledge, consent
and agree that venue thereof is Pinellas County, Florida.
Each party to this Agreement hereby 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 arising out of or relating to this Agreement and hereby agrees not to assert
by way of a motion as 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.
If, at any time during the term of this Agreement, the Developer is not a resident of
the State of Florida or has no office, employee, agency, registered agent or general
partner thereof available for service of process as a resident of the State of Florida, or if
any permitted assignee thereof shall be a foreign corporation, partnership or other entity
or shall have no officer, employee, agent, or general partner available for service of
process in the State of Florida, the Developer hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any court action between it and the
Agency arising out of or relating to this Agreement and such service shall be made as
provided by the laws of the State of Florida for service upon a nonresident; provided,
however, that at the time of service on the Florida Secretary of State, a copy of such
service shall be delivered to the Developer at the address for notices as provided in
Section 10.
18. Termination. If not earlier terminated as provided in this Agreement, the term of
this Agreement shall expire and this Agreement shall no longer be of any force and effect
on December 1, 2026.
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By: __________________________
Frank Hibbard
Chairperson
Approved as to form: Attest:
________________________ ______________________________
Michael P. Fuino Rosemarie Call
CRA Attorney City Clerk
BORROWER: Chestnut and Mrytle, LLC
By: ________________________
Its: ________________________
STATE OF FLORIDA ]
COUNTY OF PINELLAS ]
The foregoing instrument was acknowledged before me this day of ______, 2020
by ________________________, who is personally known to me or who has
produced a driver’s license as identification.
My Commission expires:
Notary Public
PERSONAL GUARANTY OF AGREEMENT
In consideration of the execution by Community Redevelopment Agency of the City of
Clearwater, Florida, a public body corporate and politic of the State of Florida (“CRA”) of
the foregoing Grant Agreement for Redevelopment of Real Property (“Agreement”) for
property located at 708 Chestnut Street, Clearwater, FL 33756 (“Property”), the
undersigned (“Guarantor”, whether one or more) hereby guarantees to CRA, its
successors and assigns, the full performance and observance by Chestnut and Mrytle,
LLC (“Developer”) of all the covenants, conditions and agreements in the Agreement on
Developer’s part to be performed including, without limitation, the redevelopment and
maintenance of the Property as contemplated in the Agreement.
Guarantor hereby expressly waives any notice of nonpayment, nonperformance or
nonobservance, or proof, notice or demand to charge Guarantor therefore. Guarantor
further agrees that the validity of this Guaranty and the obligation of the Guarantor
hereunder shall not be terminated, affected or impaired by reason of the assertion or lack
of assertion by CRA against Developer of any of the rights or remedies reserved to CRA
under the Agreement.
Guarantor further covenants and agrees that this Guaranty shall remain and continue in
full force and effect as to any modification of the Agreement and during any extension of
the term of the Agreement.
Guarantor waives any right to require CRA: (a) to proceed against Developer; (b) to
proceed against or exhaust any security held from Developer; or (c) to pursue any other
remedy in CRA’s power whatsoever.
Guarantor agrees that its guaranty of the Agreement shall fully inure to the benefit of any
assignees of CRA’s interest therein.
Guarantor agrees to pay all costs incurred by CRA in enforcing this Guaranty, including
reasonable attorney’s fees.
Dated: __________________, 2020.
GUARANTORS:
________________________ ________________________
Raymond P. Cassano Shahab Emrani
Spousal Consent
The undersigned spouse of Guarantor, hereby acknowledges that he/she has read and
understands the foregoing Guaranty, and expressly agrees that recourse may be had
under that Guaranty to any property owned jointly (as tenants by entireties, or tenants in
common, or any other form of joint ownership) of the undersigned and Guarantor, if and
to the extent such jointly owned property is included in assets referred to in any financial
statement heretofore or hereafter submitted by Guarantor to CRA.
______________________________
(signature of spouse)
______________________________
Printed Name of Spouse
______________________________
(signature of spouse)
______________________________
Printed Name of Spouse
Prepared by and Return To:
Michael P. Fuino, Esq.
CRA Attorney
600 Cleveland Street, Ste. 600
Clearwater, FL 33755
AGREEMENT FOR RESTRICTED LAND USE
THIS AGREEMENT is made and entered into this ___ day of _______________,
____, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida (the
"AGENCY"), whose address is P.O. Box 4748, Clearwater, Florida 33758, and
CHESTNUT AND MRYTLE LLC, a Florida limited liability company (the “DEVELOPER”),
whose address is 519 Cleveland Street, Ste. 103, Clearwater, Florida 33755 (collectively
the “PARTIES”).
WHEREAS, the DEVELOPER is the owner of that certain real property as
described in Exhibit “A” (“the Property”), attached hereto and made a part hereof; and
WHEREAS, the PARTIES have entered into a certain Grant Agreement for
Redevelopment of Real Property (the “Grant Agreement”); and
WHEREAS, one of the requirements of the Grant Agreement is that the
DEVELOPER use and maintain a certain portion of the Property as 14 rental, residential
apartment units with 17 parking spaces for a period of five (5) years from the date the
DEVELOPER obtains a final certificate of occupancy from the City of Clearwater (the
“CITY”); and
WHEREAS, the PARTIES intend to make that land use restriction binding on the
DEVELOPER, its successors, and its assigns.
THEREFORE, for and in consideration of the mutual covenants herein contained,
together with other good and valuable consideration, the receipt of which is hereby
acknowledged, the PARTIES agree as follows:
1. It is distinctly understood and agreed to by the PARTIES hereto that a
portion of the Property shall be used as 14 rental, residential apartment
units with 17 parking spaces for a period of five (5) years from the date the
DEVELOPER obtains a final certificate of occupancy from the CITY.
2. That the DEVELOPER, its successors, and its assigns shall be liable to the
AGENCY in the amount of One Hundred and 00/100 Dollars ($100.00) in
liquidated damages for each day that a portion of the Property is not used as
14 rental, residential apartment units with 17 parking spaces until the five (5)
years from the date the DEVELOPER obtains a final certificate of occupancy
from the CITY. Such liquidated damages are intended to represent estimated
actual damages and are not intended as a penalty.
3. That this Agreement and the use restriction contained therein shall be a
covenant running with the Property and shall bind the DEVELOPER, its
successors, and its assigns, and shall not be released or terminated except
upon the express written consent of the AGENCY.
4. That this Agreement shall be recorded in the Public Records of Pinellas
County, Florida, to serve as record notice to successors in interest of the
restriction on the City Property.
5. It is agreed that this document contains the entire agreement between the
PARTIES as to the matter herein contained, and this Agreement shall not
be modified except by an amendment in writing, signed by all PARTIES
hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
[SIGNATURE PAGE FOLLOWS]
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
__________________________ By: _____________________________
Executive Director Chairman
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
______________, 2020, by Frank Hibbard, as Chairman, and Amanda Thompson, as the
Executive Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons are
personally known to me or presented _________________________ as identification.
________________________________
Notary Public, State of Florida
My Commission Expires:
My Commission Number:
CHESTNUT AND MRYTLE LLC
a Florida limited liability company
By:
By:
Name:
Its:
STATE OF FLORIDA )
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this _________ day of
____________, 2020, by ______________________________, as
of Chestnut and Mrytle, LLC, a Florida limited liability company, on behalf of the
company. He/She is personally known to me or who produced ___________________
as identification.
_______________________________
Print/Type Name:_________________
Notary Public
Notary Public
Notary Public
EXHIBIT A
Lots 6 and 7, and that part of Lot 8, lying East of railroad right of way, Less
the North 6 feet of each of said Lots, all in Block 14, of MAGNOLIA PARK,
according to the Plat thereof, as recorded in Plat Book 1, Page 70, and
amended in Plat Book 3, Page 43, of the Public Records of Pinellas County,
Florida.
Parcel ID No.: 15-29-15-54450-014-0060
Commonly referred to as: 708 Chestnut Street, Clearwater, FL 33756
708 Chestnut Street
CRA Incentive Request
Supplemental Information
May 18, 2020
Current
Condition
•At the intersection of
Chestnut Street and
Myrtle Avenue
•Vacant Warehouse
•Shares block with
Walgreen’s
Proposed Project: $3.3M
•14 Affordable Smaller Rental Apartments –Some
Micro Units
•17 Parking Spaces to be shared by tenants and the
retail stores
•Offer Incentives and lower Rents for some of the
units with no parking
•Manage parking spaces for Stores during the day
and Residents during evenings
Project Goals
Fix blight Take advantage of
Opportunity Zone
benefits
Help revitalize
downtown
Make a modest
return on investment
3.2-3.7%
Provide housing for
beach and downtown
employees
If no incentive granted
•Remove existing structure –
offer land for sale
•Stand‐Alone Shell –offer
long term lease to
healthcare companies
Office Renovation in
McMinnville, OR
Station Square Condos
Creative Suites at Station Square
908 Cleveland Street
Why us?
•Past Development Experience
•Committed to downtown redevelopment
•Made personal guarantees to construct project and maintain as
apartments
•Committed to finish construction within 18-24 months from signed
grant agreement
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7737
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Approve the Community Redevelopment Agency’s COVID-19 Recovery Program and authorize
the appropriate officials to execute same.
SUMMARY:
The purpose of this request is to establish CRA Trustee approval of a comprehensive
approach to mitigate the negative economic impact of the COVID 19 pandemic on businesses
and residents in the CRA area. The proposed collection of programs is designed to provide
short term and long-term support to small businesses and to support the ongoing engagement
of Clearwater residents with downtown. Many of these activities were already part of the CRA’s
approved FY 2019-2020 budget and have been shifted from in-person to virtual activities or
moved up in the implementation timeline because of the urgent nature of the COVID 19 crisis.
Direct Business Assistance
Staff recommends participating in the City of Clearwater Back to Business Grant and
Professional Services Program developed by the Economic Development Department. CRA
funds may be used to support businesses located the CRA. The proposed budget contribution
is $250,000. If approved, this will require an amendment to the 2018 Downtown Redevelopment
Plan before funds can be transferred.
As our community and downtown businesses recover as a result of the COVID-19 outbreak, it
is important to remind our residents and visitors that downtown is “back in business” once
social distancing restrictions are lifted or adjusted. The CRA proposes a variety of promotional
campaigns throughout the remainder of 2020 and potentially into 2021 to highlight this new
reality and as we strive to foster a vibrant, resilient and connected downtown. Among these
initiatives includes a six-month traditional advertising campaign and targeted media pitch in
local media outlets, as well as a paid social media campaign highlighting Downtown Clearwater
restaurants and retail that are back open for business. In addition, the CRA will develop a photo
and video campaign with a marketing provider featuring local businesses and leaders,
highlighting why business leaders have chosen to open in downtown, why they’ve chosen to
stay, and how they’re meeting the needs of our community. The proposed budget is $25,000.
The CRA will partner with local restaurants to leverage its advertising efforts by providing
Clearwater residents vouchers to dine at downtown bars and restaurants. The CRA’s voucher
program will promote Downtown Clearwater’s ongoing revitalization as a dining destination by
providing $20 vouchers for use by residents at local restaurants, cafés and bars within a
specified period of time. The restaurant/bar will collect the voucher and submit to the CRA for
reimbursement at half the value ($10). The CRA will maintain financial records of submitted
Page 1 City of Clearwater Printed on 5/15/2020
File Number: ID#20-7737
invoices and payments to food establishments with sufficient evidence and documentation to
meet accepted accounting procedures. The proposed budget is $25,000 which will provide
1,250 meals in downtown establishments.
In the next 6-9 months, staff recommends establishing a zero to low interest revolving loan fund
that can be used by small businesses to establish or expand their operations in downtown. The
budget impact is TBD. If approved, this will require an amendment to the 2018 Downtown
Redevelopment Plan.
Community Engagement & Public Space Improvements
Creative placemaking, or the integration of arts and urban design, is an important tool in
connecting residents to downtown and to each other. With social distancing requirements, staff
anticipates that it will be several months before large scale public events will be safe or even
desirable to attend. The CRA will continue to build on its public arts initiatives and programs to
provide new murals, new performance options and streetscape enhancements so that
downtown will become an even more beautiful place for enjoying walks, outdoor gatherings and
fun, free entertainment.
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. As our community adjusts to
expectations and requirements for social distancing in the COVID-19 era, the CRA is thinking
about how we meet arts and entertainment needs within this new reality. The CRA proposes a
series of virtual and social distance-friendly cultural programming through 2020. Activities
would include online performances, self-guided and virtual art tours, and wellness programs
that highlight downtown’s assets and partner with local leaders and artists. Ex’s: A self-guided
art tour of downtown’s Sculpture 360 program; a virtual happy hour performance via Facebook
Live with a local guitarist; a Zoom meeting yoga session or author discussion. The proposed
budget is $25,000.
Staff proposes to work with the Cultural Affairs Coordinator to identify 2-4 sites for new murals
throughout the CRA with a proposed budget of $50,000.
The CRA Trustees and the DDB directed staff to issue an RFP for the Cleveland Street
Lighting Project in January 2020. This project will be a combination of up-lighting and 3D
projection mapping on the trees and select building on Cleveland Street from Osceola Avenue
to Missouri Avenue. It will be a living work of art that will attract visitors to walk up and down
Cleveland Street. Staff recommends establishing a project budget of $300,000 with a $50,000
contribution from the Downtown Development Board.
Funding for these programs is outlined below:
·$250,000 Participation in the City Back to Business Program funded from CRA CIP ULI
Implementation 3887552- 94885
·$50,000 “Back in Business” and Restaurant Promotion Campaign funding from CRA
CIP Downtown Events and Activities 3887552-94889
·$50,000 Artist Public Works Mural Program funding from CRA CIP Downtown Events
and Activities 3887552-94889
·$25,000 Online Performance Series funding from CRA CIP Downtown Events and
Activities 3887552-94889
·$300,000 Cleveland Street Lighting Project funding of $250,000 from CRA Streetscape
and Trails CIP R1901 and $50,000 contribution from the Downtown Development Board
·$TBD Zero interest revolving loan fund for small business
Page 2 City of Clearwater Printed on 5/15/2020
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#20-7738
Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.6
SUBJECT/RECOMMENDATION:
Small Business Presentation
SUMMARY:
Presentation from small businesses in the Community Redevelopment Agency area on their
experience during COVID 19 and their plans for recovery as shelter in place orders are
modified.
Page 1 City of Clearwater Printed on 5/15/2020
Community Redevelopment Agency on 2020-05-18 9:00 AM
Meeting Time: 05-18-20 09:00
eComments Report
Agenda Comments Support Oppose Neutral
Items
Community Redevelopment Agency on 05-18-20 14 4 0 2 2
2020-05-18 9:00 AM 09:00
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
Suppo,UO ,
Opposo504.,
Neulial(50"0
No Rosponso:04w
Community Redevelopment Agency on 2020-05-18 9:00 AM
05-18-20 09:00
Agenda Name Comments Support Oppose Neutral
3. Citizens to be Heard Regarding Items Not on the Agenda 1 0 0 1
4.2 ID#20-7626 Approve a design by Klar and Klar architecture for a 1 0 1 0
dynamic public plaza space at the intersection of Cleveland Street and
Gulf to Bay Boulevard to be incorporated within the larger Cleveland
Street Streetscaping Phase III project.
4.3 ID#20-7627 CRA Two -Year Strategy Discussion 1 0 0 1
4.5 ID#20-7737 Approve the Community Redevelopment Agency's 1 0 1 0
COVID-19 Recovery Program and authorize the appropriate officials to
execute same.
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented
will be shown.
Overall Sentiment
Suppon 0';.t
Opposo;50^t.
Neidral,50u.,
No Rosponso,0"..
Agenda Item: eComments for 3. Citizens to be Heard Regarding Items Not on the Agenda
Overall Sentiment
Supportr06:.,
Opposct0%..
NealroN,, I00 .,
No Responso40%r
Kathy Flaherty
Location:
Submitted At: 10:50am 05-18-20
As a resident and business owner of the East gate area - an area full of dilapidated homes / businesses, missing
sidewalks, high crime and general blight, I am much looking forward to the main road improvements in the
Eastgate area. I am also looking forward to Imagine Clearwater being completed.
As there is much work that will be done on the roads and the downtown core the CRA needs to make sure that
the funds are spent wisely. The CRA currently does not seek bids for contracts under $100,000.00. I feel that
X40
this no bid limit is to high and needs to be lowered. I also ask that the new Council to review all current contracts
and do so annually to make sure the community is getting the best services at the best cost with their funds.
In addition please use code enforcement more to deter blight - at the present time they only do periodic
inspections - maybe more inspectors could be hired.
My last concern is the expanded (since 2017) police patrol area being funded by the CRA to fight crime with no
additional policeman. What is the need for increased patrols in the downtown core and Prospect park area- is
there a high crime rate - prostitution and drug dealing? Are more policeman needed?
Agenda Item: eComments for 4.2 ID#20-7626 Approve a design by Klar and Klar architecture for a dynamic public plaza space
at the intersection of Cleveland Street and Gulf to Bay Boulevard to be incorporated within the larger Cleveland Street
Streetscaping Phase 111 project.
Overall Sentiment
Support•.o ,,,
Oppose;
Not.twO`ti
Nc Rosponsot0°,.,
Kathy Flaherty
Location:
Submitted At: 4:43pm 05-07-20
I strongly oppose this project. This design is not a community design. it is a design for an urban ghetto area. It
consists of a concrete pad with metal poles with decorations on top of the poles. The 2 community meetings - I
attended one - the CRA persons only presented 3 designs - each design the same but with different decorations
and pole placements. No input from the community other than that. Previous designs incorporated food trucks
and trees and benches - those had community input I went to those meetings. Where are those designs - the
city paid thousands of dollars for those. Please do not design this area around the homeless in the area - maybe
move the homeless food center and day labor business - those two businesses should not dictate the design of
the the community. Lots of residents walk or ride bikes - persons that live here not just visiting for free food or
looking for a job - would like a nice place to sit in the shade and relax. I think those people should take
precedent.
Also at the meeting the CRA persons presented an outdated plan of the whole project - who does a presentation
with no good plans. This project is already starting out poorly - please take the time to get the plan right.
Agenda Item: eComments for 4.3 ID#20-7627 CRA Two -Year Strategy Discussion
Overall Sentiment
Support.
opposo,:D....,
WooautDO`-„
Nc Response'0....,
v1)):
Kathy Flaherty
Location:
Submitted At: 4:50pm 05-07-20
The previous mission statement was basically to promote downtown businesses south of Missouri Ave.. Lots of
funds were given to the Downtown Development Board which only serves a portion of the CRA's area. I think the
mission should be to promote all businesses in the CRA boundaries and finish existing projects with community
participation. The CRA Board needs to be for the entire downtown area not just the downtown core.
Agenda Item: eComments for 4.5 ID#20-7737 Approve the Community Redevelopment Agency's COVID-19 Recovery Program
and authorize the appropriate officials to execute same.
Overall Sentiment
Suppo•t.: v.. i
Oppose..100=.
Nouaau G'.
No Rcspon.::0".,,
Kathy Flaherty
Location:
Submitted At: 4:58pm 05-07-20
This plan does not include all of the CRA's area - why only promote downtown core restaurants. The CRA
already gives hundreds of thousands to the downtown development board - they could give the funds to those
businesses. The CRA needs to be focused on all businesses not just the downtown core as is always the case.
The CRA is funded by monies to improve blighted areas not just the downtown.