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01/19/2021Tuesday, January 19, 2021 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 January 19, 2021Community Redevelopment Agency Meeting Agenda 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 options: 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 (January 18) will become part of the official record. The City Clerk will read received comments into the record. 3)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 November 16, 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 Adopt the Community Redevelopment Agency (CRA) strategy that outlines the CRA’s work program from January 2021 through December 2022. 4.2 Update on staff and financial requirements to administer a Vacant Property Registry in the Community Redevelopment Area. 4.3 Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.4 Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. Page 2 City of Clearwater Printed on 1/18/2021 January 19, 2021Community Redevelopment Agency Meeting Agenda 4.5 Amend a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.6 Temporarily re-open the Food and Drink Business Tenant Program for the purpose of renewing the Loan to Grant Agreement with Fourcee LLC d/b/a Blackbrick Tavern and Kitchen at 432 Cleveland Street and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 3 City of Clearwater Printed on 1/18/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8032 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the November 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 1/18/2021 Community Redevelopment Agency Meeting Minutes November 16, 2020 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, November 16, 2020 9:00 AM Main Library - Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes November 16, 2020 Page 2 City of Clearwater Roll Call Present 5 - Chair Frank Hibbard, Trustee David Allbritton, Trustee Hoyt Hamilton, Trustee Kathleen Beckman, and Trustee Mark Bunker 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 Hibbard The meeting was called to order at 9:00 a.m. in Council Chambers at the Main Library. 2. Approval of Minutes 2.1 Approve the October 12, 2020 CRA Meeting Minutes as submitted in written summation by the City Clerk. Trustee Allbritton moved to approve the October 12, 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 Approve the proposed 2021 Community Redevelopment Agency Board meeting schedule and adopt Resolution 20-03. Community Redevelopment Agency staff has prepared the proposed meeting scheduled of the City of Clearwater Community Redevelopment Agency (CRA) Board for the calendar year 2021. The CRA board meeting will be held monthly in the City Council Chambers, 100 N. Osceola Avenue. The meeting schedule will be posted on the CRA’s website, with separate meeting notices provided by the City Clerk’s Office and noted on the City’s website prior to each meeting. Draft Community Redevelopment Agency Meeting Minutes November 16, 2020 Page 3 City of Clearwater If there is no action for the board to consider at a schedule meeting, staff will recommend the meeting be cancelled. Changes to the dates may be required to accommodate needs of board members and/or CRA staff. If there is a need for a special meeting CRA staff will notify the board and the meeting will be noticed by the City Clerk’s Office as well as on the City’s website. One eComment was received in opposition and was read into the record by Trustee Beckman (see page 7). In response to a question, CRA Executive Director Amanda Thompson said, in her experience, individuals get involved when there is an issue that directly impacts them. The City offers meeting videos online and a Downtown Clearwater Email list as ways individuals can engage with the City. She said a newsletter or special meetings on specific topics can also be considered as additional options to engage the public. Trustee Hamilton moved to approve the proposed 2021 Community Redevelopment Agency Board meeting schedule. The motion was duly seconded and carried unanimously. Resolution 20-03 was presented and read by title only. Trustee Bunker moved to adopt Resolution 20-03. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Chair Hibbard, Trustee Allbritton, Trustee Hamilton, Trustee Beckman and Trustee Bunker 4.2 Discuss limiting property ownership in the Downtown and regulating commercial properties in the Downtown that are code-compliant but vacant. At the September 14, 2020 Community Redevelopment Agency meeting, the Trustees raised two questions for legal review. First, the trustees asked whether the CRA or the City may limit the amount of property owned by any one organization. Second, the Trustees asked whether the CRA or the City may regulate commercial properties in the City’s downtown that are code-compliant but vacant. On the first issue, it is a fundamental tenet of the United States and Florida Constitution that the government cannot regulate land ownership absent a valid public purpose. Florida statutory law also prohibits government action that places an inordinate burden on a property owner’s use of the real property. Finally, the City cannot regulate land ownership through imposition of its zoning laws. On the second issue, the City may regulate vacant commercial buildings in the downtown area that are otherwise code compliant. Specifically, the City may Draft Community Redevelopment Agency Meeting Minutes November 16, 2020 Page 4 City of Clearwater establish a registry of vacant properties requiring owners of these properties to report them to the City and pay a registration fee. However, while the City does fine owners of “abandoned buildings” that are unsecured or not maintained, there appears to be no authority for the City to levy fines merely because a commercial building does not have a tenant. Moreover, the City does not have the authority under Florida law to adopt so-called vacancy taxes. On the other hand, the law is clear that the City could fine property owners who fail to register their properties on a duly adopted vacant property registry. An eComment suggesting the City seek a second opinion from the State Attorney was received and read into the record (see page 8). In response to questions, Assistant City Attorney Mike Fuino said the foreclosure registration program requires the property owner to register if the parcel is being foreclosed. If the property owner fails to register, the City can issue a code violation. The city should not be able to profit from regulatory fees. Mr. Fuino said the vacant property registration fee would be administered annually. The annual registration fee can be increased if the property continues to be vacant as it will require staff to administer code inspections and enforcement. Planning and Development Director Gina Clayton said staff does not maintain a list of vacant properties and their respective zoning classifications. Zoning information is not included in the property tax information. If an outside party is contracted to maintain the information, staff will provide the zoning information. CRA Executive Director Amanda Thompson said a proposed registration fee would pay for the associated work. CRA staff is balancing the amount of time associated with stimulating the economy against the time associated with collecting information on the property. She said staff focuses more on stimulating the economy. Mr. Fuino said the City cannot legislate how a property is used. Discussion ensued with comments made that a list of vacant properties that includes zoning information should be created. There was consensus to limit the registration program to the CRA. Staff was directed to come back with a proposed registration program. 5. Director's Report CRA Executive Director Amanda Thompson encouraged all to visit downtownclearwater.com/holiday-extravaganza for this year's holiday event schedule. 6. Adjourn Draft Community Redevelopment Agency Meeting Minutes November 16, 2020 Page 5 City of Clearwater The meeting adjourned at 9:45 a.m. Chair Community Redevelopment Agency Attest City Clerk Draft 6 7 8 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8524 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Adopt the Community Redevelopment Agency (CRA) strategy that outlines the CRA’s work program from January 2021 through December 2022. SUMMARY: The purpose of this item is to present the amended January 2021 - December 2022 Community Redevelopment Agency (CRA) implementation strategy for adoption. At the September 2020 CRA meeting, the Trustees reviewed the proposed strategy and requested that staff identify specific objectives like the 2018 strategy and performance measures. The strategy has been revised to include the requested items which will be presented at the meeting. For reference, the September 2020 staff report summarizing the strategy has been included below. September 2020 Staff Report Revitalizing a downtown is a long term, complex process at the intersection of community engagement, economic development and urban planning. The CRA relies on partnerships, both city departments and external organizations, to bring the adopted vision for downtown to life. Commitment to a work program and funding priorities allows staff to successfully plan for multi-year projects and communicate potential CRA investments to its partners. In May 2018, the CRA Trustees adopted a new Clearwater Downtown Redevelopment Plan which outlined a vision and goals to increase the attractiveness of downtown as a place to live, work and play. The 2018 redevelopment plan also established an operational framework and capital improvements budget for the next 5-10 years. On October 29, 2018, the CRA trustees adopted a more detailed 18-month implementation strategy to guide the short-term work of CRA staff and investments. The strategy had one main outcome, “to shift the perceptions held by the public and investors about city government and downtown Clearwater to one that aligns with the 2018 adopted vision.” This strategy had four objectives; each objective contained a variety of tasks: * Creating and sharing authentic, positive stories about Downtown Clearwater * Beginning construction on Imagine Clearwater * Permitting 600 housing units * Attracting $100 million dollars of private investment The CRA was able to achieve significant progress in each area, including a shift in operations to prioritize marketing, beautifying public spaces and providing new signature events. RFPs were issued for three CRA owned sites and seven food and drink grants were awarded. The CRA hosted the “Dreams of Dali” virtual reality exhibition for six months attracting over 4,600 Page 1 City of Clearwater Printed on 1/18/2021 File Number: ID#20-8524 visitors to downtown and winning an “Best of Bay” award. The 15% design was completed for Imagine Clearwater as well as the Harborview Center was demolished. However, during this time very few housing units were constructed and there was little private investment. This was primarily due to the lack of investor confidence in downtown’s ability to attract customers/residents, the difficulty of obtaining financing to construct multi-story housing and the CRA’s limited network of potential investors. This year has brought significant changes for the CRA including new trustees, the COVID-19 pandemic, a shift in the design of Imagine Clearwater to emphasize the live performance venue and a new funding source through Pinellas County for workforce housing. Downtown businesses and City/CRA staff have responded to these challenges with creativity through the temporary closure of the 400-500 blocks of Cleveland Street and the restaurant voucher program among other initiatives. Over the next two years, there will be significant construction of public improvements throughout the CRA with Streetscape Phase III/Mercado in the Downtown Gateway and the waterfront redevelopment in the Downtown Core which will impact the accessibility and visibility of current businesses. There could be a referendum on the sale/lease of the bluff properties and the establishment of a conservancy which will need the support of Clearwater voters and donors to be successful. There will be increased county funding for workforce housing developments as well as the continuance of the Opportunity Zone federal tax benefits which could stimulate multi-family housing construction. Physical distancing impacts from COVID-19 will be in place through Spring 2021 limiting in person special events continuing the need to create new ways of gathering. Anticipating the impact of these factors is an essential part of our planning for the next two years. It is vital that the CRA keep downtown at the forefront of our residents’ and visitors’ minds to sustain current businesses and build up patrons for future ones. The outcome of the proposed strategy is the same at the 2018 strategy - to change the perception held by the public and investors about downtown to one that is positive and encourages investment. All the proposed CRA programs, capital improvement projects and activities are designed to change the perception of downtown to show it is welcoming, arts infused, vibrant, diverse and sustained by partnerships. The work will be contained in three focus areas: 1. Creating and sharing positive, authentic stories about downtown Clearwater 2. Increasing investor confidence 3. Investing in placemaking and placekeeping The plan lists the proposed activities for each focus area as well as how we will measure our success. Highlights include new business assistance grant programs, identifying “Downtown Champions” to bring their ideas to life in downtown, the redevelopment of CRA owned properties with housing, public art projects and increased marketing efforts to target developers. Staff has created momentum over the past two years and are poised to continue the ongoing transformation of downtown. Staff looks forward to the Trustees’ feedback and guidance on this approach. Page 2 City of Clearwater Printed on 1/18/2021 Proposed December 14, 2020 Clearwater Community Redevelopment Agency 2021-2022 Strategy 1 | P a g e Creating Sustainable Change in Downtown Revitalizing a downtown is a long term, complex process at the intersection of community engagement, economic development and urban planning. The purpose of a Community Redevelopment Agency area is to restore the functioning of a private market. This is achieved by identifying the barriers to redevelopment and investing public dollars to remove or reduce them resulting in increased private investment. The largest and most persistent barrier to the redevelopment of downtown Clearwater is a negative perception of the downtown. This negative perception limits visitors to downtown and has a dampening effect on investment in downtown. In May 2018, the CRA Trustees adopted a new Clearwater Downtown Redevelopment Plan which outlined a vision and goals to increase the attractiveness of downtown as a place to live, work and play. The redevelopment plan also established an operational framework and a capital improvements budget for the next 5-10 years. The 2018 vision states, “Downtown Clearwater will thrive as the urban core and heart of the City, as the center of business and government, and as an attractive place to live, work, shop and play. A revitalized Downtown will be achieved through quality urban design, continued creation of a high-quality public realm, and a dense and livable pattern which will strengthen the overall health of the City.” The desired outcome of the 2021-2022 strategy is - to change the perceptions held by the public and investors about downtown Clearwater to one that aligns with the 2018 adopted vision. This outcome will be achieved through a series of activities under three primary focus areas and ongoing evaluation of CRA efforts. Current Context Since March 2020, there has been significant changes for the CRA including new trustees, the COVID-19 pandemic, a shift in the design of Imagine Clearwater to emphasize the live performance venue, and a new funding source through Pinellas County for workforce housing. Downtown businesses and City/CRA staff have responded to COVID 19 restrictions with creativity through the temporary closure of the 400- 500 blocks of Cleveland Street and the restaurant voucher program, among other initiatives. The City has provided business assistance through emergency grant funding. Over the next two years, there will be significant construction of public improvements throughout the CRA with Streetscape Phase III/Mercado in the Downtown Gateway and the waterfront redevelopment in the Downtown Core which will impact the accessibility and visibility of current businesses. There could be a referendum on the sale/lease of the bluff properties and the establishment of a conservancy which will need the support of Clearwater voters and donors to be successful. There will be increased County funding for workforce housing developments as well as the continuance of the Opportunity Zone federal tax benefits which could stimulate multi-family housing construction. Physical distancing impacts from COVID-19 will be in place through 2021, limiting in person special events and continuing the need to create new ways of gathering. Anticipating the impact of these factors is at the forefront of our Proposed December 14, 2020 Clearwater Community Redevelopment Agency 2021-2022 Strategy 2 | P a g e planning for the next two years. We will adapt to ever evolving public health restrictions and market changes. CRA 2020-2022 Strategy The outcome of the 2021-2022 strategy is the same as the 2018 strategy - to shift the perception held by the public and investors about downtown to one that is positive and encourages investment. All the proposed CRA programs, capital improvement projects, and activities are designed to change the perception of downtown to show it is welcoming, arts infused, vibrant, diverse, and sustained by partnerships. The CRA relies on partnerships, through both City departments and external organizations, to bring the adopted vision for downtown to life. Commitment to a work program and funding priorities allows staff to successfully plan for multi-year projects and communicate potential CRA investments to its partners. The work will be contained in three focus areas: 1. Creating and sharing positive, authentic stories about downtown Clearwater 2. Increasing investor confidence 3. Investing in placemaking and placekeeping Each focus area includes a list of objectives and implementation activities that are aligned with the 2018 Downtown Plan and will achieve the desired outcome of shifting perceptions of downtown and the city. Activities are categorized as ongoing, underway or planned as of January 1, 2021 and intended to finish by December 31, 2022. Baseline metrics for each objective will be established in January 2021. Focus Area One: Create and share authentic, positive stories about Downtown Clearwater Objectives: 1.A. Increase the number and diversity of individuals and organizations producing community engagement activities and special events in downtown 1.B. Increase the overall audience size and audience engagement of the CRA’s electronic communications channels 1.C. Establish a resident engagement program to build community-wide support for downtown redevelopment goals and businesses Ongoing o Host Downtown Clearwater website, social media channels and public meetings o Implement an Editorial Strategy with three areas – local business success, vibrant public spaces and the role of the arts in revitalization Proposed December 14, 2020 Clearwater Community Redevelopment Agency 2021-2022 Strategy 3 | P a g e o Implement 8 Social Media Campaigns - (short film contest, online public art tours, Downtown GIFs etc.) o Provide full time staff dedicated to marketing and public relations Underway o Build local capacity for special events through partnership with Parks and Recreation Co- Sponsorship, event management agreement with Amplify Clearwater and marketing grants from Downtown Development Board o Produce the Holiday Extravaganza event series annually in December o Create a Restaurant Voucher Marketing Campaign Planned o Create a resident engagement strategy (e.g. Downtown Champions program) o Provide marketing technical assistance contracts for businesses in CRA o Conduct “Open for Business” marketing campaigns during Imagine Clearwater and Streetscape construction o Analyze the perception of downtown in the print media and social media through sentiment analysis Focus Area Two: Increase investor confidence Objectives: 2.A. Attract $50 million dollars in private investment 2.B. Approve development agreements for the sale or lease of a minimum of three CRA owned properties 2.C. Build operational capacity of a minimum of three downtown business/community advocacy organizations 2.D. Reduce the number of ground floor, vacant commercial buildings by 10% Ongoing o Staff the Downtown Development Board, which provides grants for special events and business assistance Proposed December 14, 2020 Clearwater Community Redevelopment Agency 2021-2022 Strategy 4 | P a g e o Provide dedicated staff to assist small businesses in the CRA o Provide CRA grant programs in the areas of façade improvements, housing construction, build out of vacant commercial spaces and other physical improvements to commercial properties o Host a monthly CRA Business “Meet-up” program Underway o Publish a call for Letters of Interest for CRA owned properties o Conduct a targeted marketing and public relations campaign for Opportunity Zone investors o Publish RFPs (3) for CRA owned properties to attract residential, cultural, restaurant and retail uses o Assist in the redevelopment of the Bluff properties as part of Imagine Clearwater o Utilize the parking lot adjacent to The Nolen to support new restaurant/retail uses o Provide Food and Drink grant program implementation Planned o Update the CRA implementation plan as part of the Downtown Redevelopment Plan updates in 2021 o Part with the Planning Department and Economic Development/Housing Department to construct a “missing middle” housing project o Create a “Welcome to Downtown Clearwater” business toolkit o Design a capacity building program for downtown organizations (Ex. DCMA) to increase their ability to host events, attract tenants and sustain their businesses Focus Area Three: Placemaking and Placekeeping Objectives: 3.A. Complete identified capital improvement projects 3.B. Develop three signature placemaking programs with a focus on children, downtown employees and the intersection of art and technology 3.C. Improve the physical appearance of blighted residential and commercial properties Ongoing o Produce community engagement programs (Ex. Children’s Day) o Fund public art programs (Murals, Art Installations, Augmented Reality etc.) o Provide support for Clearwater Community Garden Proposed December 14, 2020 Clearwater Community Redevelopment Agency 2021-2022 Strategy 5 | P a g e Underway o Construction of Streetscape Phase III and the Mercado Plaza o Construction of wayfinding signage o Commission design for the Cleveland Street Lighting Project o Provide COVID 19 compliant programming for the temporary closure of Cleveland Street o Host Virtual Art Tours Planned o Deign Pinellas Trail improvements o Activate of Station Square o Recruit cultural uses to downtown o Create a comprehensive codes enforcement and rehabilitation program for residential properties |1CITY OF CLEARWATER Community Redevelopment Agency 2021-2022 Strategy Adopted Vision for Downtown (2018 Downtown Clearwater Redevelopment Plan) “Downtown Clearwater will thrive as the urban core and heart of the City, as the center of business and government, and as an attractive place to live, work, shop and play. A revitalized Downtown will be achieved through quality urban design, continued creation of a high- quality public realm, and a dense and livable pattern which will strengthen the overall health of the City.” 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 downtown vision. 12/4/2020 3 |3 CRA Operational Requirements •State Statute •Local Ordinances •2018 Redevelopment Plan •Strategy (Short Term Implementation Plan) •Annual Budget and CIP programsCommitment to a strategy and funding priorities allows staff to successfully plan for multi-year projects and communicate potential CRA investments to its partners. 12/4/2020 4 |4 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 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 Impacts on CRA Operations COVID –19 Construction of waterfront and streetscapes New trustees Funding for workforce housing Focus Areas Create and Share Positive, Authentic Stories about Downtown Clearwater 1 Increase Investor Confidence 2 Invest in Placemaking and Placekeeping 3 Create and Share Positive, Authentic Stories Focus Area 1: Objectives Increase the number and diversity of individuals and organizations producing community engagement activities and special events in downtown 1 Increase the overall audience size and audience engagement of the CRA’s electronic communications channels 2 Establish a resident engagement program to build community-wide support for downtown redevelopment goals and businesses 3 Focus Area 1: CRA Actions •Targeted Marketing Campaigns •Facilitate the Production of Special Events •Conduct Sentiment Analysis •Start a Downtown Champions Program •Provide Marketing Assistance to Small Businesses Approach to Special Events Partner with community organizations to solicit different event ideas virtual programming large visual art installations Leverage the Cleveland Street closure Cease funding for large events (500+ attendees) Sentiment analysis and narrative change Long-term change requires 50,000-foot and 50-foot views •Identifying key sources of information •Media •Local leaders •Word of mouth Measuring narrative change •Ad-hoc (anecdotal) •Automated (surveys and metrics reporting) •Programmable (brand managers, social media monitoring) Sentiment analysis POSITIVE NEGATIVE NEUTRAL •Surveys at and post-events or programs •Media mentions (quantity and quality) •Social media comments (detect emotions and impressions) Increase Investor Confidence Focus Area 2: Objectives Attract $50 million dollars in private investment 1 Approve development agreements for the sale or lease of a minimum of three CRA owned properties 2 Build operational capacity of a minimum of three downtown business/community advocacy organizations 3 Reduce the number of ground floor, vacant commercial buildings by 10% 4 What are investors looking for? Downtown Brand? Foot Traffic & Vehicular Traffic Lease rate per square foot Proof of Concept Experiences of Current Businesses Available Land/Buildings Zoning Entitlements What causes persistent vacancy in Clearwater? •Investors don’t know about downtown •Land value is worth more than building, so owner holds out for land assembly and demolition (Unintended consequence of higher density zoning) •Lender not willing to finance because costs of rehabilitation exceeds the revenue a tenant will be able to generate •Owner wants a higher lease/sale amount than market will support •Unable to attract tenants/buyers with financial resources •Owner can afford to wait and/or is highly risk adverse •Most vacant buildings need significant renovation or buildout $500,000 or more Focus Area 2: CRA Actions OZ Advertising Campaigns and Events Redevelopment of CRA and City Owned Properties Business Assistance Grants for Building Improvements Monthly CRA Business Meeting DDB Grant Programs Capacity Building for Downtown Organizations 115 S. Martin Luther King, Jr. Avenue •Restaurant, brewpub, microbrewery •Brewery plus compost site •Office with park component •Neighborhood gathering space •$250,000 in incentive funds •Façade grant program Live/Work/Play Mixed Income Apartments Cultural & Entertainment Uses Retaining Current Restaurant/Retail Invest in Placemaking & Placekeeping Focus Area 3: Objectives Complete identified capital improvement projects 1 Develop three signature placemaking programs with a focus on children, downtown employees and the intersection of art and technology 2 Improve the physical appearance of blighted residential and commercial properties 3 Art and Tech •What sets downtown apart: Intersection of art, humanities and technology •USF Access 3D Lab augmented reality of CRA murals •Gamification of public spaces: Driving downtown as a destination and encouraging exploration through technology •Interactive Cleveland Street Lighting Project Focus Area 3: CRA Actions Wayfinding Mercado/Streetscape Phase III Cleveland Lighting Project Recruiting Cultural & Entertainment Providers Community Engagement Programs Public Art Programs Cleveland Street Temporary Closure Programming Community Policing and Codes Enforcement Are we changing the perception of downtown? |29CITY OF CLEARWATER Community Redevelopment Agency 2021-2022 Strategy INDIVIDUAL SPEAKER Name: Citizen Comment Card V-kk- 0 J Address: t `? 1 Cm City. r I I^+_ v G. p: 6—' Telephone Number: Email Address: < pOLOtL9 con Speaking under citizens to be heard re C /d items not on the agenda? Qin Agenda item(s) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8557 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Update on staff and financial requirements to administer a Vacant Property Registry in the Community Redevelopment Area. SUMMARY: Page 1 City of Clearwater Printed on 1/18/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8664 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: 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 . 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 February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $187,632.50 for 949 Cleveland LLC to build out a vacant storefront and establish a coffee and dessert shop that will serve hot and cold drinks along with a wide selection of desserts. The total project cost is $375,265.00. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction has been delayed. The applicant is committed to this project. They have applied for a building permit and been through a revision process, so they anticipate receiving a building permit in the next 30 days. They have requested to extend the grant agreement by one year to complete construction. Staff recommends amending the grant to allow a new completion date of March 1, 2022. 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. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. APPROPRIATION CODE AND AMOUNT: Funds for this grant are available in 3887552-R2003 Economic Development-City Page 1 City of Clearwater Printed on 1/18/2021 Page 1 of 2 FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT 151 SOUTHHALL LANE, SUITE 150, MAITLAND, FL 32751 949 CLEVELAND STREET, LLC THIS FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT, entered into this _____ day of __________, 2021, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida, and 949 Cleveland Street, LLC, a Florida limited liability company whose address is 151 Southhall Lane, Suite 150, Maitland, FL 32751 (hereinafter “Borrower”). WITNESSETH WHEREAS, the CRA and the Borrower entered into a Food and Drink Business Property Owner Grant Program Loan-to-Grant Agreement (“the Agreement”) on February 27, 2020 for the property commonly referred to as 943 Cleveland Street, Clearwater, FL 33756; and WHEREAS, the parties now desired to amend certain provisions of the Agreement on the terms and conditions contained here; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: Section 1. Section B “Program Funding,” Paragraph 3 of the Agreement is amended to read as follows: Loan funds will be disbursed on a monthly reimbursement basis for satisfactorily completed work towards the Project. However, the final 10% of the loan funds will not be disbursed until Borrower obtains a Final Certificate of Occupancy and the proposed restaurant use is open for business during the required business hours. Additionally, if Borrower does not obtain a Final Certificate of Occupancy and the proposed restaurant is not open for business by March 1, 2022, Borrower agrees that this Agreement shall become null and void, that Borrower will not be entitled to the final 10%, and that the CRA will be entitled to the return of any loan funds disbursed under this Agreement. Section 2. Section D “Default by Borrower,” Paragraph 2 of the Agreement is amended to read as follows: Borrower’s failure to obtain a Final Certificate of Occupancy or to open the proposed restaurant for business by March 1, 2022. Section 3. All terms and provisions of the Agreement not modified, changed, or amended hereby shall remain in full force and effect. Page 2 of 2 IN WITNESS WHEREOF, the Borrower and CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. This Amendment is executed in two original copies of which one is to be delivered to the Borrower and one to the CRA. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call CRA Attorney Clearwater City Clerk BORROWER: 949 Cleveland Street, LLC, a Florida limited liability company By: ________________________ ________________________ STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this day of ________________________, who is personally known to me or who has produced a driver’s license as identification. My Commission expires: Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8665 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 1011 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: 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 . 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 February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $250,000 for 949 Cleveland LLC 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 total project cost is $610,438.00. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction has been delayed. The applicant is committed to this project. They have applied for a building permit and been through a revision process, so they anticipate receiving a building permit in the next 30 days. They have requested to extend the grant agreement by one year to complete construction. Staff recommends amending the grant to allow a new completion date of March 1, 2022. 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. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. APPROPRIATION CODE AND AMOUNT: Funds for this grant are available in 3887552-R2003 Economic Development-City Page 1 City of Clearwater Printed on 1/18/2021 File Number: ID#20-8665 Page 2 City of Clearwater Printed on 1/18/2021 FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT 151 SOUTHHALL LANE, SUITE 150, MAITLAND, FL 32751 949 CLEVELAND STREET, LLC THIS FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT, entered into this _____ day of __________, 2021, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida, and 949 Cleveland Street, LLC, a Florida limited liability company whose address is 151 Southhall Lane, Suite 150, Maitland, FL 32751 (hereinafter “Borrower”). WITNESSETH WHEREAS, the CRA and the Borrower entered into a Food and Drink Business Property Owner Grant Program Loan-to-Grant Agreement (“the Agreement”) on February 27, 2020 for the property commonly referred to as 1011 Cleveland Street, Clearwater, FL 33756; and WHEREAS, the parties now desired to amend certain provisions of the Agreement on the terms and conditions contained here; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: Section 1. Section B “Program Funding,” Paragraph 3 of the Agreement is amended to read as follows: Loan funds will be disbursed on a monthly reimbursement basis for satisfactorily completed work towards the Project. However, the final 10% of the loan funds will not be disbursed until Borrower obtains a Final Certificate of Occupancy and the proposed restaurant use is open for business during the required business hours. Additionally, if Borrower does not obtain a Final Certificate of Occupancy and the proposed restaurant is not open for business by March 1, 2022, Borrower agrees that this Agreement shall become null and void, that Borrower will not be entitled to the final 10%, and that the CRA will be entitled to the return of any loan funds disbursed under this Agreement. Section 2. Section D “Default by Borrower,” Paragraph 2 of the Agreement is amended to read as follows: Borrower’s failure to obtain a Final Certificate of Occupancy or to open the proposed restaurant for business by March 1, 2022. Section 3. All terms and provisions of the Agreement not modified, changed, or amended hereby shall remain in full force and effect. IN WITNESS WHEREOF, the Borrower and CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. This Amendment is executed in two original copies of which one is to be delivered to the Borrower and one to the CRA. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call CRA Attorney Clearwater City Clerk BORROWER: 949 Cleveland Street, LLC, a Florida limited liability company By: ________________________ ________________________ STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this day of ________________________, who is personally known to me or who has produced a driver’s license as identification. My Commission expires: Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8666 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.5 SUBJECT/RECOMMENDATION: Amend a Loan to Grant Agreement with 949 Cleveland Street, LLC for the properties at 1017, 1023 and 1029 Cleveland Street, to extend the agreement to March 1, 2022, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. SUMMARY: 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 . 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 February 18, 2020, the CRA Trustees determined that the applicant’s proposal met the program requirements and approved a loan to grant in the amount of $250,000.00 for 949 Cleveland LLC to build out multiple vacant storefronts 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 total project cost is $570,655.48. The applicant planned to complete construction by February 18, 2021. Due to the COVID-19 pandemic, construction has been delayed. The applicant is committed to this project. They have applied for a building permit and been through a revision process, so they anticipate receiving a building permit in the next 30 days. They have requested to extend the grant agreement by one year to complete construction. Staff recommends amending the grant to allow a new completion date of March 1, 2022. 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. It will also fill a persistently vacant site on Cleveland Street. The original grant agreement incorporates the property owner’s full application and financial documents to secure the loan to grant agreement over a five -year period. Those documents will remain unchanged. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 1/18/2021 File Number: ID#20-8666 Funds for this grant are available in 3887552-R2003 Economic Development-City Page 2 City of Clearwater Printed on 1/18/2021 FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT 151 SOUTHHALL LANE, SUITE 150, MAITLAND, FL 32751 949 CLEVELAND STREET, LLC THIS FIRST AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT, entered into this _____ day of __________, 2021, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida, and 949 Cleveland Street, LLC, a Florida limited liability company whose address is 151 Southhall Lane, Suite 150, Maitland, FL 32751 (hereinafter “Borrower”). WITNESSETH WHEREAS, the CRA and the Borrower entered into a Food and Drink Business Property Owner Grant Program Loan-to-Grant Agreement (“the Agreement”) on February 27, 2020 for the property commonly referred to as 1017-1029 Cleveland Street, Clearwater, FL 33756; and WHEREAS, the parties now desired to amend certain provisions of the Agreement on the terms and conditions contained here; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: Section 1. Section B “Program Funding,” Paragraph 3 of the Agreement is amended to read as follows: Loan funds will be disbursed on a monthly reimbursement basis for satisfactorily completed work towards the Project. However, the final 10% of the loan funds will not be disbursed until Borrower obtains a Final Certificate of Occupancy and the proposed restaurant use is open for business during the required business hours. Additionally, if Borrower does not obtain a Final Certificate of Occupancy and the proposed restaurant is not open for business by March 1, 2022, Borrower agrees that this Agreement shall become null and void, that Borrower will not be entitled to the final 10%, and that the CRA will be entitled to the return of any loan funds disbursed under this Agreement. Section 2. Section D “Default by Borrower,” Paragraph 2 of the Agreement is amended to read as follows: Borrower’s failure to obtain a Final Certificate of Occupancy or to open the proposed restaurant for business by March 1, 2022. Section 3. All terms and provisions of the Agreement not modified, changed, or amended hereby shall remain in full force and effect. IN WITNESS WHEREOF, the Borrower and CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. This Amendment is executed in two original copies of which one is to be delivered to the Borrower and one to the CRA. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call CRA Attorney Clearwater City Clerk BORROWER: 949 Cleveland Street, LLC, a Florida limited liability company By: ________________________ ________________________ STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this day of ________________________, who is personally known to me or who has produced a driver’s license as identification. My Commission expires: Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8667 Agenda Date: 1/19/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Temporarily re-open the Food and Drink Business Tenant Program for the purpose of renewing the Loan to Grant Agreement with Fourcee LLC d/b/a Blackbrick Tavern and Kitchen at 432 Cleveland Street and authorize the appropriate officials to execute same. SUMMARY: At the October 29, 2018 CRA meeting, the CRA Trustees approved a time limited, grant program for restaurant tenants in the Community Redevelopment Agency (CRA) area that received a Certificate of Occupancy or were under active construction after January 1, 2018. As part of that program, Fourcee LLC d/b/a Blackbrick Tavern and Kitchen received a loan to grant in the amount of $61,341.25. The grant agreement, after two extensions, required the business to receive a Certificate of Occupancy by October 1, 2019. Fourcee LLC d/b/a Blackbrick Tavern and Kitchen submitted a grant application, supporting invoices and the financial documentation necessary for a complete grant request. The applicant provided invoices totaling $175,260.72 detailing improvements necessary to open a restaurant as part of their grant request. The CRA determined that $61,341.25 was eligible for grant funding. The Business Tenant Food and Drink grant program allows for a loan to grant to be forgiven over a 5-year period. The tenant must stay in business and maintain the existing improvements to the building for a minimum of 5 years. After several delays during construction, Black Brick Tavern has received a CO and is now open as a full-service bar and restaurant. Staff recommends renewing the grant and moving forward with issuing eligible grant reimbursements. No other changes to the terms of the grant are proposed. APPROPRIATION CODE AND AMOUNT: Funds are available in 3887552-R2003 Economic Development-City Page 1 City of Clearwater Printed on 1/18/2021 CITY OF CLEARWATER COMMUNITY REDEVELOPMENT AGENCY PROMISSORY NOTE THIS AGREEMENT, entered into this _____ day of _____________, 2021, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida and Fourcee LLC, d/b/a Black Brick Tavern & Kitchen whose address is 432 Cleveland St., Clearwater, FL 33755 (hereinafter “Borrower”). WITNESSETH WHEREAS, the CRA has committed CRA funds to be applied for recruitment and relocation to the Community Redevelopment Area (CRA Redevelopment Incentive Funding); and WHEREAS, the types of incentives contemplated by this program include other financial incentives to retain and attract businesses Downtown; and WHEREAS, in order to achieve the concentration and/or location of the desired business in the Downtown, the Plan contemplates that it may be necessary to negotiate with existing tenants in regard to existing leases or terms for relocation; and WHEREAS, the Borrower has requested buildout assistance for the interior renovation and equipping of space at 432 Cleveland Street, Clearwater, FL 33756; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: A. GENERALLY The foregoing recitals are true and correct and are incorporated in and form a part of this Promissory Note. B. BORROWER’S PROMISE TO PAY For value received, the undersigned (“Borrower”) promises to pay the sum of $61,341.25 in U.S. dollars to the order of the lender. The lender is the Community Redevelopment Agency of the City of Clearwater, organized and existing under the laws of the State of Florida and located at 600 Cleveland St., Suite 600, Clearwater, Florida 33755. C. INTEREST/FORGIVENESS Funds shall be provided in the form of zero percent (0%) interest loan-to-grant to the Borrower, which, barring a default by the Borrower, the City will forgive at a rate of twenty percent (20%) per year over the five-year loan-to-grant term so long as Borrower remains a tenant at 432 Cleveland St., Clearwater, FL 33756 and operates as a food or drink business at that location which is open a minimum of Wednesday through Saturdays from 5:00 p.m. until 10:00 p.m. D. PAYMENT The Borrower agrees to repay the City the loan balance if it fails to perform any of the covenants or agreements contained in the Loan-to-Grant Agreement or this Promissory Note. E. DEFAULT BY BORROWER This loan may be terminated in its entirety or disbursement of loan funds may be withheld for the following, which shall constitute a default under this Promissory Note and Buildout Assistance Agreement: (a) failure to operate the business, (b) eviction; or (c) vacation of the premises by the Borrower. F. MISCELLANEOUS PROVISIONS Execution of this Promissory Note by the Borrower is a representation that the Borrower is competent, familiar with the terms of the Rental Assistance Agreement, and fully intends to honor the agreement. This Note shall be governed by the laws of the State of Florida, and venue shall be in Pinellas County. Should any section or part of any section of this Promissory Note 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 Note. This Note is non-assignable by the Borrower. F. COPY RECEIVED 1. Borrower hereby acknowledges receipt of a copy of this instrument. IN WITNESS WHEREOF, the Borrower and the CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. In the presence of: BORROWER: Borrower Signature Date Witness Date STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this _________ day of ____________, 20___, by ____________, who is personally known to me or produced ________________________________ as identification. _______________________________ Print/Type Name:_________________ Notary Public Page 1 of 4 FOOD AND DRINK BUSINESS TENANT GRANT PROGRAM RENEWED LOAN-TO-GRANT AGREEMENT 432 CLEVELAND STREET, CLEARWATER, FL 33755 FOURCEE LLC, D/B/A BLACK BRICK TAVERN & KITCHEN THIS AGREEMENT, entered into this _____ day of __________, 2021, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (hereafter "CRA"), whose address is P.O. Box 4748, Clearwater, Florida 33758-4748, a public body corporate and politic of the State of Florida, and Fourcee LLC, d/b/a Black Brick Tavern & Kitchen whose address is 432 Cleveland St., Clearwater, FL 33755 (hereinafter “Borrower”). WITNESSETH WHEREAS, the CRA has committed CRA funds to be applied to the recruitment and relocation of businesses to the Community Redevelopment Area (CRA Redevelopment Incentive Funding); and WHEREAS, the CRA adopted the Food and Drink Business Tenant Grant Program to provide limited financial support to tenants who meet the CRA’s redevelopment strategy for downtown but were not eligible to participate in the former Anchor Tenant incentive program; and WHEREAS, the CRA also adopted the Food and Drink Business Tenant Grant Program to sustain food and drink establishments that are open on nights and weekends in the CRA to promote downtown’s ongoing revitalization as a dining destination; and WHEREAS, the CRA also adopted the Food and Drink Business Tenant Grant Program terminated on September 30, 2019; and WHEREAS, the Borrower is a proposed downtown food establishment that wishes to be open on nights and weekends in the CRA, that was otherwise not eligible to participate in the former Anchor Tenant incentive program, but who does meet the CRA’s redevelopment strategy for downtown; and WHEREAS, the Borrower is requesting assistance with the costs of improvements to the building it is leasing, which includes new fixtures, new furnishings, and signage; and WHEREAS, the CRA and the Borrower entered into a Food and Drink Business Tenant Grant Program Loan-to-Grant Agreement (“the Prior Agreement”) on February 11, 2019 which required the Borrower to obtain a Certificate of Occupancy and open its proposed business by July 1, 2019 or else the Prior Agreement would become null and void; and Page 2 of 4 WHEREAS, the CRA and the Borrower entered amended the Prior Agreement on July 22, 2019 to extend the time period by which the Borrower could obtain a Final Certificate of Occupancy and open its proposed business to October 1, 2019; and WHEREAS, the Borrower did not obtain a Final Certificate of Occupancy and open its proposed business by October 1, 2019 and therefore the Prior Agreement between the CRA and the Borrower became null and void; and WHEREAS, after October 1, 2019 the Borrower did a Final Certificate of Occupancy and has opened its proposed business; and WHEREAS, the CRA desires to re-open the Food and Drink Business Tenant Grant Program for the limited purpose of awarding the Borrower this Renewed Food and Drink Business Tenant Grant Program Loan-to-Grant Agreement; NOW THEREFORE, in consideration of the premises, the mutual covenants, and promises contained herein, and other good and valuable consideration, the Borrower and the CRA agree and covenant each with the other as follows: A. GENERALLY 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. The Borrower hereby certifies that it is the tenant under a five-year Lease Agreement dated August 1, 2016, of 432 Cleveland St., Clearwater, FL 33755 (“the Property”), a copy of which is attached hereto as Exhibit A. 3. For the Property to be usable for the proposed restaurant use, certain improvements described in Exhibit B attached hereto, were required to be made. B. PROGRAM FUNDING 1. The loan amount to the Borrower is $61,341.25. 2. The funds shall be provided in the form of zero percent (0%) interest loan-to-grant to the Borrower, which, barring a default by the Borrower, the CRA will forgive at a rate of twenty percent (20%) per year over the five-year loan term. 3. Loan funds shall be paid for satisfactorily completed Work. Loan funds will be for reimbursed upon evidence of payment submitted to CRA. The Borrower shall submit Contractor invoices to the CRA, in a format acceptable to the CRA, along with evidence of payment for processing and reimbursement. 4. The Project may not be altered, modified, removed or demolished without prior written approval of the CRA. In addition, the business may not be demolished, sold, or otherwise transferred without prior CRA approval. Any of these actions may result in a repayment/reimbursement of the subject funds to the CRA by the Borrower. Page 3 of 4 5. The Borrower agrees to repay the CRA the loan balance if it fails to perform any of the covenants or agreements contained in the approved Application, or this Agreement (incorporated documents included). CRA may terminate this contract immediately if Borrower fails to cure a default after written demand of CRA within a period of fifteen (15) days. C. TERM OF AGREEMENT 1. The term of the agreement shall be five years from execution of the Agreement. The executed Agreement represents the CRA’s approval of the loan to grant to the Borrower. D. DEFAULT BY BORROWER This loan may be terminated in its entirety or disbursement of loan funds may be withheld for the following, which shall constitute a default under this Agreement: 1. Borrower’s failure to maintain the improvements, as determined by the CRA in its sole discretion, for a period equal to the term of the loan. 2. Borrower’s failure to operate as a food or drink business at the Property that is open a minimum of Wednesday through Saturdays from 5:00 p.m. until 10:00 p.m. during the term of this Agreement. E. MISCELLANEOUS PROVISIONS 1. This Agreement provides neither a representation nor assurance that the Project can be developed and carried through to completion by the Borrower at the property herein described. The intent of the Agreement is to provide a mutually agreed upon framework by which the CRA will provide loan-to-grant funds to the Borrower, provided that all requirements have been and remain satisfied. 2. To the extent permissible by law, the Borrower hereby expressly waives any cause of action they may have arising from or pertaining to the provisions of Florida Statute 520.60, et seq., with respect to the City or the CRA. 3. No member, officer or employee of the City, CRA or its designees or agents, and no other public official of such locality who exercises any functions or responsibilities with respect to this agreement during his tenure or for one year thereafter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this contract. 4. This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Pinellas County. 5. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Contract. Page 4 of 4 6. This Agreement is non-assignable by either party and constitutes the entire Agreement between the Borrower and CRA and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of the agreement are canceled and superseded by the provisions of this agreement. IN WITNESS WHEREOF, the Borrower and CRA have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year first above written. This Agreement is executed in two original copies of which one is to be delivered to the Borrower and one to the CRA. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: __________________________ Frank V. Hibbard Chairperson Approved as to form: Attest: ________________________ ______________________________ Michael P. Fuino Rosemarie Call CRA Attorney City Clerk BORROWER: Fourcee LLC By: ________________________ ________________________ STATE OF FLORIDA ] COUNTY OF PINELLAS ] The foregoing instrument was acknowledged before me this day of ________________________, who is personally known to me or who has produced a driver’s license as identification. My Commission expires: Notary Public