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BUSINESS RENOVATION GRANT AGREEMENT - BR-06-23BUSINESS RENOVATION GRANT AGREEMENT BR -06-23 This Business Renovation Grant Agreement (this "Agreement") is made as of, 17 t%)It,ity 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 111, Chapter 163, Florida Statutes (the "Agency"), Fashion Cleaners and Shirt Laundry Inc.. a Florida Profit Business (the "Applicant ")(collectively the "Partes"). WITNESSETH: 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, § 161387(6)(c)4, Florida Statutes provides that the budget of a community redevelopment agency may provide for clearance and preparation of any redevelopment area for redevelopment; 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, Florida Statutes; 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 1E of the Clearwater Downtown Redevelopment Plan (the "Plan") provides that Cleveland Street is Downtown Clearwater's (the "Downtown's") main street and valued for its historic character and pedestrian scale; and WHEREAS, Objective 4D of the Plan provides that the Agency will encourage renovation, restoration, and reuse of existing historic structures to maintain the character of the Downtown's neighborhood; and WHEREAS, on August 15, 2022, the Agency implemented the, Business Renovation Grant Program (the "Program") with the goals of improving the condition and appearance of commercial buildings, increasing the number of commercial properties that can attract and accommodate tenants in the Downtown, and increase commercial occupancy rates and property values which will attract new businesses to the Downtown; and Page 1 of 8 WHEREAS, the. Plan alsostates that the City of Clearwater ("the City") will use all Agency tools and incentives available to revitalize the Downtown; and WHEREAS, the Applicant intends to lease certain real property ("the Property") in the Downtown for commercial use; and WHEREAS, on October 7th, 2023, the Agency received an ;application from the Applicant (the "Application"), a true and correct copy of which is attached to this Agreement as Exhibit "`A", requesting financial assistance under the Program to renovate the property located at 1152 Court Street Clearwater, FL 33756 (the "Property"), which roof and asphalt. WHEREAS, the Applicant has represented that the total one hundred thousand siitty- six dollars is ($.100,066.00); and WHEREAS, the Agency finds that providing financial assistance for redevelopment of blightedreal property is a permissible expenditureunder the Agency's approved. budget and the Act; .and WHEREAS, the Agency finds that the Property currently sits in a blighted stateof existence; and WHEREAS, the Agency finds that the Project comports withand furthers the goals; objectives, and policies of the Plan; and NOW, THEREFORE, inconsideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporatedinand 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 continued and expanded operation of the Project in substantial compliance with the Application, all to enhance the quality of life, add new employees 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.. 11, APPLICANT RESPONSIBILITIES. Page 2 of 8 1. Development of the Project. The Applicant shall redevelop the Property in substantial compliance with the Project and the Application. The Applicant shall complete all Project work within twelve (12) months of the Effective Date. III. AGENCY RESPONSIBILITIES 1. Grant Funding. The Agency shall reimburse the Applicant for fifty percent (50%) of the Eligible Project's Cost up to a maximum of fifty thousand thirty-three dollars ($50,033.00) ("reimbursement funds") as provided under the Program, payable within thirty (30) days after verification by the Agency that the Project work has been completed and evidence that the Applicant has actually incurred these Project costs to the satisfaction of the Agency's Director. Tenant improvements shall include only such improvements and repairs that are permanently affixed to the Property to improve or customize commercial office space of the Property for the needs of the Applicant. The Agency's Director retains sole discretion to determine whether any tenant improvements which the Applicant seeks reimbursement for actually meet the requirements of this Section 111(1). If the Director determines that any tenant improvement the Applicant seeks reimbursement for does not meet the requirements of this Section 111(1) then the Parties agree that the Director's decision is final, the Agency shall not owe any monies to the Applicant for the requested reimbursement, and the Applicant shall have no recourse against the Agency. IV. APPLICANT DEFAULT 1. Failure to Complete Project Work. if the Applicant fails to complete all Project work in substantial compliance with the Project and the Application within twelve (12) months of the Effective date, then the Parties: agree that the Applicant shall be in default under this Agreement, this Agreement shall immediately become null and void, and the Agency will have no further responsibility to the Applicant, including but not limited to the responsibility to tender the reimbursement funds to the Applicant. 2. Other Events of Default. In addition to the foregoing .events of default, the occurrence of any one or more of the following events after the Effective Date shall also constitute an event of default by the Company: A. The Applicant 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 Applicant or any material part of such entity's properties; or Page 3 of 8 B. Within. sixty (60) days after the commencement. of any proceeding by or against the Applicant 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 otherwiseterminated, or if, within sixty (60) days after the. appointment without the consent or acquiescence of the Applicant of any trustee,receiver or liquidator of any of such .entities or of any material part Of an. y of such entity's properties, such appointment shall not have been vacated. 3. Agency's Remedy Upon Certain Applicant Default. In the event of default and if the Applicant has failed to cure the default withinthe allotted time prescribed under Section IV(4), then the. Parties agree that: a) this Agreernent shall be null and void; b) that the Agency will have no further responsibility to the Applicant , including the responsibility to tender any remaining reimbursement funds to the Applicant; and c) that if the Agency has tendered reimbursement funds to the Applicant, the Agency shall be entitled to the return of all reimbursement funds plus default interest at a rate. of ten percent (10%) starting from the date of default. 4. Notice of Default and Opportunity to Cure. The Agencyy shall provide written notice of any default under this Agreement and provide the Applicant thirty (30) days from the date the notice is sent to cure the default if it is an event listed under Sections IV(2). This notice will be deemed sent when sent by first class mail to the Applicant's notice address or when delivered to the Applicant if sent by a different means. V. MISCELLANEOUS 1. 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 Applicant: Michael Song Fashion Cleaners and Shirt Laundry Inc. 1152 Court St. Clw., FL 333756 To the Agency: Community Redevelopment Agency of the City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: Director with copies to: City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Attention: Clearwater City Attorney 2. 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. Page 4 of 8 "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 applicationby any party hereto 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 thirty (30) days following the occurrence of the event or condition causing the Unavoidable Delay or thirty (30) days following the party becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. The party 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 affectedby such occurrence. In the event the party is the Applicant then the Agency's Executive Director is authorized to grant an extension of time for an. Unavoidable Delay for a period of up to six (6) months. Any further requests for extensions of time from the Applicant must be agreed to and approved by the. Agency's trustees.. 3. Indemnification. The Applicant agrees toassume all risks of .inherent in this Agreement and all liability therefore, .and shall defend, indemnify, and hold harmless the Agency and the City of a Clearwater, a municipal corporation ("the City"), and the Agency's and the City's 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, the City, or the Agency's or the City'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 Applicant's activities or those of any approved or unapproved invitee, contractor., subcontractor, or other person approved, authorized, or permitted by the Applicant whether or not based on negligence. Nothing herein shall be construed as consent by the Agency or the City 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. Page 5 of 8 4. Assignability; Complete Agreement. This. Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant 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. 5. 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 Applicant, and the. Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the Applicant, but by all equally. 6. 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. 7. Amendments. This Agreement cannot be changed or revised except by written amendment signed by the Parties hereto. 8. 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,.forthe 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. lf, at any time during the term of this Agreement, the Applicant 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 Applicant hereby designates the Secretary of State, State of Florida, its agent for the service ofprocess in any court action 'between it and the Agency arising out of or relating to this Agreernent 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. Applicant at the. address for notices as provided in Section Page 6of8. 9. 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 two years of the anniversary Effective Date. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARVVATER LORIDA giWil I kik 11404. Anope m Director voVA"rten Community velopment Agency By: Approved as to form: Attest: Michael P. Fuino. CRA Attorney Rosemarie Call City Clerk Applicant: By: Lt/1 v•-• Applicant:Signature. Title: Business Owner. Its: Address Page 7 of 8 STATE OF FLORIDA 1 COUNTY OF PINELLAS 1 The foregoing instrument was acknowledged before me by means of physical presence or o ; a otariza NOTARY P s LIC My Commission Expires: Personally Known Z y. of Ay, 2023, by Type of Identification Produced Notary Public OR Produced Identification THOMAS C. NASH II MY COMMISSION # HH 378858 EXPIRES: Match 26, 2027 THOMAS C. NASH, II 625 COURT STREET, SUITE 200 CLEARWATER, FL 33756 Page 8 of 8 CITY OF CLEARWATER P1-1NN1N{. & DEM 0 PNIr;Nr Dr;PAIT11L r P 'i i 0t7 RTr. Box 1748, CATARax -R, FIA)10D1 337584748 � A� .04." Mt Nx.rf �t 4rrtvtas Tit ttt�IN , 100 SOl:ni MYRrtss.�itit No t:. (ar:c' Ira, FLORIDA ;33750 go Site Address: 1152 COURT ST PARCEL NO.: 15-29-15-65196-000-0081 Ttt.t.P01vt. (72') 562-456' PERMIT # BCP2023-120258 ISSUED: 1/9/2024 CONTRACTOR JAMES I HOUSH 401 E SPRUCE ST TARPON SPRINGS, FL 34689 727-938-9565 FLLIC CCC1326986 PCLIC I-CCC1326986 BTR TARPON SPRINGS 10-00 ARRY'S ROOFING SERVICES INC OWNER MICHAEL SONG 1152 COURT ST CLEARWATER, FL 33756-5705 Permit: Roof Cost: $92,000.00 Proposed Use: Retail PROJECT: FASHION CLEANERS RE -ROOF PROJECT DESCRIPTION: Online Permit UNDER 300K - T/O MODIFIED ROOF, RE -NAIL DECK TO CODE, INSTALL GAF EVERGUARD TPO MEMBRRANE (FL5293.1). 72 SQ, 0/12, 1 STORY. Fees Include: Building Electric Plumbing Mechanical Roof Gas Clearing & Grubbing NOTICE: BEFORE EXCAVATING NOTIFY THE "CALL SUNSHINE" NOTIFICATION CENTER AT 1-800-432-4770 PLEASE NOTE: 1) IF AUTHORIZED WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIX MONTHS OR MORE, WITH NO SUCCESSFUL INSPECTIONS, THE PERMIT SHALL BECOME INVALID. NEW PERMIT FEES MUST BE PAID BEFORE WORK CAN RESUME. 2) NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PINELLAS COUNTY. THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES. 3) REVIEWED PLANS MAY CONTAIN ADDITIONAL INFORMATION PERTAINING TO PERMIT CONDITIONS. 4) PERMIT AND PERMITTED PLANS SHALL BE POSTED ON THE JOB SITE IN A LOCATION VISIBLE AND ACCESSIBLE TO THE INSPECTOR. 5) APPLICANT OR CONTRACTOR IS REQUIRED TO REQUEST INSPECTIONS IN A TIMELY MANNER. 6) CALL IN PROPER CODE FOR (ALL) FIRE INSPECTIONS. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 1/9/2024 Building PermitPlacard_ACA3 PERMIT - TO BE POSTED ON JOB SITE 1 "EQIAI. EMP!M NI A." [) AFFIRM a TIVF ACH0, , EMrio CITY OF CLEARWATER Pl%NNING & DEVELOPMENT DEPARTMENT POST OFFICE ICE Box 4748, (;L F.uzu:r3ER, FLORIDA 33758-4748 Mt .NIcWPAt SERVICES DU/DIM, 100 SOUTH S1YRI LE A pct, Ctr:ARWA i R, FLORID a 33756 TELEPHONE (7 77) 5{)2.4567 USE INSPECTION CODE BELOW TO SCHEDULE YOUR INSPECTION EPERMIT.MYCLEARWATER.COM OR 727-287-3054 B L D C Footing 101 Date Insulation 125 Date Slab 106 Date Lintel 108 Date Tie In Survey) 007 Date Rated Wall 124 Date Tie Down 601 Date Final Building 110 Date B L D C Frame 107 Date Drywall 109 Date Sheathing 135 Date Lath 130 Date Foundation Steel 104 Date Roof in Progress 917 Date Final Roof 901 Date Final Demolition 802 Date E L E c Footer Ground 200 Date Slab 201 Date First Rough 202 Date Temp Electric 205 Date Service Charge 206 Date Temp Const Pole 209 Date E L E C Wall Rough 211 Date Ceiling Rough 213 Date Ceiling Final 215 Date Low Voltage 219 Date Underground Electric 221 Date Fire Alarm 222 Date Final Electric 204 Date N E C H First Rough 401 Date Second Rough 402 Date Hood 403 Date Final Mechanical 404 Date P L U M First Rough 301 Date Second Rough 302 Date Sewer 303 Date Tub -Set Shower 304 Date Lawn Sprinkler, Backflow 315 Date Sewer Cap- Off 801 Date Water Service 314 Date Final Plumbing 305 Date n s/ G N First Rough 350 Date Second Rough 351 Date Sign- Structural 010 Date Sign -Electric 040 Date Sign -Footer 060 Date Final Sign 070 Date Final Gas 355 Date P C C L Steel 502 Date Electric Bond 503 Date Pool Piping 508 Date Pool Safety Barrier 509 Date Final Pool Elec 504 Date Final Pool 505 Date wzw I Traffic Engineering 004 Date Easement 006 Date Rough Driveway ROW 903 Date Final Driveway ROW 904 Date Curb Rough ROW 910 Sidewalk Rough ROW 919 Date Final Sidewalk ROW 921 Date Final Engineering 001 Date Curb Final ROW 911 Date L A N Landscape In Progress 731 Date Tree Replacement 733 Date Erosion Control 734 Date Tree Preservation 735 Date Final Landscape 732 Date F I R E Fire Sprinkler Pressure Test 500 Date Final Fire Alarm 510 Date Final Fire Sprinkler 515 Date Final Fire 520 Date "FRAMING INSPECTIONS CANNOT TAKE PLACE UNTIL ALL APPROPRIATE TRADE HAVE PASSED ROUGH INSPECTIONS. 1/9/2024 PERMIT - TO BE POSTED ON JOB SITE BuildingPermitPlacard_ACA3 2 EMPLnYmENr AN FinMATIVE AcrMON EMPLOYE ° CITY OF CLEARWATER PLA.NNLV. & DEL /PAULINr DEPARfAiEyt Psi OFFICE BCP; )--48, C:> FARWATE,R, FI EERuuA 337i3-4748 It NU IPAL SEAS WEN it nutvis 100 sot Itt Thgl LE AVENIaE CCLLAKWATEK, FU) Trt.Er7lx)';r.'(727)562-1567 Site Address: 1152 COURT ST PARCEL NO.: 15-29-15-65196-000-0081 CON T RAI; C 33716 PERMIT # BCP2023-110071 ISSUED: 12/21/2023 DENISE PFISTER 8511 SUNSTATE ST #101 TAMPA, FL 33634 813-880-9100 FLLIC C-10474 PCLIC C-10474 BTR REG -0027175 PARKING LOT SERVICES OWNER HYO KUEN LEE 1152 COURT ST CLEARWATER, FL 33756-5705 Permit: Parking Cost: $13,791.00 Proposed Use: Retail PROJECT: Fashion Cleaners PROJECT DESCRIPTION: Online Permit - pave existing parking lot for 518 square yards at 1" depth. striping 2 parking spaces and 1 ADA disabled space. Fees include: Building [— Electric Plumbing n Roof 11 Mechanical Gas I Clearing & Grubbing NOTICE: BEFORE EXCAVATING NOTIFY THE "CALL SUNSHINE" NOTIFICATION CENTER AT 1-800-432-4770 PLEASE NOTE: 1) IF AUTHORIZED WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIX MONTHS OR MORE. WITH NO SUCCESSFUL INSPECTIONS, THE PERMIT SHALL BECOME INVALID. NEW PERMIT FEES MUST BE PAID BEFORE WORK CAN RESUME. 2) NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PINELLAS COUNTY. THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES. 3) REVIEWED PLANS MAY CONTAIN ADDITIONAL INFORMATION PERTAINING TO PERMIT CONDITIONS. 4) PERMIT AND PERMITTED PLANS SHALL BE POSTED ON THE JOB SITE IN A LOCATION VISIBLE AND ACCESSIBLE TO THE INSPECTOR. 5) APPLICANT OR CONTRACTOR IS REQUIRED TO REQUEST INSPECTIONS IN A TIMELY MANNER. 6) CALL IN PROPER CODE FOR (ALL) FIRE INSPECTIONS. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 1/8/2024 PERMIT - TO BE POSTED ON JOB SITE BIN .t41\I: AFFIRAiIt\I 'It Y\ L:'<fi'LOVI B ui lding PermitPlacard_ACA3