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12/04/2023Monday, December 4, 2023 1:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Community Redevelopment Agency Meeting Agenda December 4, 2023Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the October 16, 2023 CRA Meeting 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 Approve the proposed 2024 Community Redevelopment Agency Board meeting schedule and adopt Resolution 23-03. 4.2 Approve recommended changes to the Downtown Gateway Business Economic Recovery Grant Program and authorize appropriate officials to execute same. 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 January 31, 2024, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same. 4.4 Discuss requesting an Attorney General Opinion. - City Attorney Margolis 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 11/27/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1443 Agenda Date: 12/4/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 16, 2023 CRA Meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 11/27/2023 Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Monday, October 16, 2023 1:00 PM Pinellas County, 333 Chestnut Street, Palm Room, Clearwater, FL 33756 Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 2 City of Clearwater Roll Call Present 5 - Chair Brian Aungst Sr., Trustee Mark Bunker, Trustee David Allbritton, Trustee Kathleen Beckman, and Trustee Lina Teixeira Also Present: Jennifer Poirrier – City Manager, Michael Delk – Assistant City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk, Nicole Sprague – Deputy City Clerk, and Anne Lopez – Interim CRA 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 Aungst, Sr. The meeting was called to order at 1:00 p.m. 2. Approval of Minutes 2.1 Approve the minutes of the September 18, 2023 CRA Meeting as submitted in written summation by the City Clerk. Trustee Teixeira moved to approve the minutes of the September 18, 2023 CRA Meeting 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 Eliseo Santana thanked those who attended the Hispanic Heritage Celebration yesterday. He said grass roots communication efforts led to the most active participation of the Hispanic community. Marilyn Turman thanked the City for supporting North Greenwood and reviewed event details for this year's Family Night. She encouraged all to attend. She said last year the event welcomed almost 3,000 attendees. Dina Ramos thanked the City for supporting the Hispanic Heritage Celebration and encouraged staff to consider the community and participants when planning events. She said the Hispanic Farmers Market focuses on family and youth. Draft Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 3 City of Clearwater Angel Santiago thanked the City for holding the Hispanic Heritage Celebration yesterday and encouraged the City to continue working with Latinos. 4. New Business Items 4.1 Approve the Contract for Purchase of Real Property by the Community Redevelopment Agency of the City of Clearwater of certain real property owned by Anna P. Birt, with a purchase price of $350,000 and total expenditures not to exceed $402,000; and authorize appropriate officials to execute same, together with all other instruments required to affect closing. The subject property is addressed at 1105 Carlton Street and is located on the southeast corner of North Martin Luther King Jr. Avenue (N MLK) and Carlton Street within the North Greenwood Community Redevelopment Area (CRA). The property contains two contiguous parcels totaling approximately 8,054 square feet or 0.185 acres. Property identification numbers are 10-29-15-33534-003-0150 and 10-29-15-33534-003-0160. One of the parcels is a 45’ X 85’; vacant lot fronting N MLK. The other parcel is 45.5’ X 85’ and contains two structures. Staff is recommending demolition of the vacant single-family home on the site. The two-story structure on the corner is a mixed-use building. The ground floor was formerly used as a restaurant and the second floor is residential. Post acquisition, staff is recommending rehabilitation of the residential portion of this building utilizing available housing funds to be determined at a later date (State Housing Initiatives Partnership Program or HOME Investment Partnership Program funding). Staff is also recommending rehabilitation of the restaurant using grant funding from the Community Development Block Grant program. Two independent appraisals were performed on the property. James Millspaugh and Associates, Inc. valued the property at $224,000 with a valuation date of June 9, 2022. Tobias Realty Advisors, LLC valued the property at $297,000 as of February 8, 2023. After the second appraisal was completed, staff observed additional transactions that occurred that are comparable sales to the subject property. To obtain the most recent property valuation, staff conducted an appraisal using the more recent sales data. Staff valued the property at $323,400 as of August 15, 2023. Staff is proposing to utilize remaining American Rescue Plan Act funds that have been dedicated to the CRA to fund this acquisition. The purchase price represents paying a premium for the property. This was a lengthy negotiation and staff is confident that terms presented on the purchase Draft Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 4 City of Clearwater contract are the most favorable terms for the CRA that could be negotiated. Acquisition Costs: Purchase Price $350,000 Survey $3,000 Environmental assessment $3,500 Building Conditions Assessment $25,000 Demolition $20,000 Closing Costs $1,000 TOTAL $402,500 With a questionable commercial market along N MLK, staff does not anticipate a direct return on investment with this transaction. Staff recommends this acquisition and rehabilitation project is considered a loss leader intended to stimulate additional private development along the N MLK commercial corridor. Staff intends to publish a request for proposals to sell the property to a non-profit organization familiar with the North Greenwood community and the North Greenwood Community Redevelopment Plan (Plan). A revenue and expense analysis will be conducted to determine the optimum sales price. Due to current commercial market conditions along N MLK, it is likely that the sales price, when selling to the successful respondent to the RFP, will be less than the purchase price for the CRA’s acquisition. This property is currently commercial taxable within the CRA. If the CRA trustees approve this purchase acquisition, the CRA and City will no longer receive tax revenue unless and until the property reverts to private, taxable ownership. This acquisition is a unique opportunity as this property is adjacent to city-owned property immediately to the south. Acquisition of the subject property would result in full city and CRA ownership fronting N MLK between Tangerine Street and Carlton Street. Acquisition of this property presents a strategic development opportunity to achieve the following objectives set forth in the Plan: • Housing affordability - The residential portion of the building will be rehabilitated and will be rented to low-income tenants. • Vacant land redevelopment - a portion of the property is vacant land along the N MLK commercial corridor that can be added to additional city-owned land to increase the site’s redevelopment options. • Building community capacity - Staff will seek a non-profit partner currently working within the CRA. The Plan also provides a recommendation to “support private infill residential and commercial redevelopment on vacant and underutilized properties.” Further, this project will implement a policy in the Plan to reduce poverty by funding improvements to a commercial building, establish new business, and Draft Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 5 City of Clearwater reduce blight in the N MLK commercial corridor. APPROPRIATION CODE AND AMOUNT: Funds are available in special program G2210, ARPA North Greenwood CRA, to fund this purchase. Discussion ensued with comments made that the project will be a kickstarter for the block. A concern was expressed that the renovations needed are extensive and expensive. In response to questions, Economic Development and Housing Assistant Director Chuck Lane said the floors are soft and have holes, making the building unsafe to reside. Staff has not been asked for relocation assistance for the current tenants. He said staff can share information with non-profit partners to see if there is availability. Clearwater Urban Leadership Coalition Executive Director Gloria Campbell said the Coalition was working with another organization to purchase the property over 2.5 years ago. She said there is a plan for the property, as the Coalition believes it will jumpstart the area. She said there is no development on the corner and the community is growing impatient and want to see progress. She said this is the best opportunity for the community to see something is happening. Ms. Campbell said the Coalition has engaged several partners, such as architects, developers, and consultants, to advise what can be done on the site and the associated timeline. The easiest option is demolishing the building and redevelop the entire block at the same time but she would like to see if the building, which has historical significance, could be preserved. In response to questions, Ms. Campbell said renovation costs have not been determined yet. Mr. Lane said the City will have an engineer review the structure during the due diligence period to determine the renovation costs. He said the demolition will occur on the single-family home portion. Mr. Lane said the due diligence period will provide the City an opportunity to walk away if the analysis shows it will not work for the city. Ms. Campbell said it is the oldest building in North Greenwood. She said every appraiser who looked at the building said the structure is sound; the interior is the issue. She said if housing cannot be retained above due to renovation costs, the Coalition is okay with stepping away from the idea. Trustee Beckman moved to approve the Contract for Purchase of Real Property by the Community Redevelopment Agency of the City of Clearwater of certain real property owned by Anna P. Birt, with a purchase price of $350,000 and total expenditures not to exceed $402,000; and authorize appropriate officials to execute same, Draft Community Redevelopment Agency Meeting Minutes October 16, 2023 Page 6 City of Clearwater together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 5. Director's Report Interim CRA Executive Director Anne Lopez said four new Business Renovation Grants were approved; three are located in the Downtown Gateway and one in Downtown. She said there are two additional grants pending review. Three Restaurant Operations Grant were approved; two in the Gateway and one in Downtown. She said there is one pending application. One Economic Recovery Grant has been approved and one being reviewed. She said staff has met with Prospera and are working to connect the organization with the Hispanic/Latino businesses in the Downtown Gateway. Ms. Lopez said all 25 ARPA grants have been awarded. She said the application for the North Greenwood Citizen Advocacy Committee has been posted online. It was suggested that staff provide updates on crime, homeless action and transports, trail activation, housing (i.e., container homes, tiny homes, planned construction, etc.), new businesses, and closed businesses. Ms. Lopez said staff provided an update on the Mercado at the last meeting. Sod was laid last Friday. She said she will discuss the status of the new bid request with Finance and verify if trees will be planted. 6. Adjourn The adjourned at 1:39 p.m. Chair Community Redevelopment Agency Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1426 Agenda Date: 12/4/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the proposed 2024 Community Redevelopment Agency Board meeting schedule and adopt Resolution 23-03. SUMMARY: Staff has prepared the proposed schedule for the City of Clearwater Community Redevelopment Agency meeting for calendar year 2024. The CRA board meetings will be held monthly in the City Council Chambers, 100 N. Osceola Avenue. These meeting will begin promptly at 1:00pm prior to city council work sessions. The meeting schedule will be posted on the city’s website, with separate meeting notices provided by the City Clerk’s Office. If there is no action for the board to consider at a scheduled meeting, staff will recommend the meeting be cancelled. Changes to the dates may be required to accommodate the needs of board members and/or staff. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 11/27/2023 RESOLUTION NO 23-03 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CRA 2024 MEETING SCHEDULE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Community Redevelopment Agency (CRA) annual meeting schedule requirements have been clarified and Section 189.015 and Chapter 286, of the Florida Statues require that CRA’s adopt their annual meeting schedule by resolution, now, therefore, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Adopt the CRA 2024 Regular Meeting Schedule as outlined on Exhibit A. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of December 2023. ____________________________ Brian J. Aungst, Sr. Chairman Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call CRA Attorney City Clerk Exhibit A City of Clearwater Community Redevelopment Agency Board 2024 Meeting Schedule 1. Tuesday, January 16, 2024, 1:00pm 2. Monday, February 12, 2024, 1:00pm 3. Monday, March 18, 2024, 1:00pm 4. Monday, April 15, 2024, 1:00pm 5. Monday, May 13, 2024, 1:00pm 6. Monday, June 17, 2024, 1:00pm 7. Monday, July 15, 2024, 1:00pm 8. Monday, August 12, 2024, 1:00pm 9. Monday, September 16, 2024, 1:00pm 10. Monday, October 14, 2024, 1:00pm 11. Monday, November 18, 2024, 1:00pm 12. Monday, December 16, 2024, 1:00pm This is the regular City of Clearwater Community Redevelopment Agency (CRA) Board meeting schedule. If possible, meeting announcements, to include cancellations, will be made at least one week in advance of each meeting. Changes to the regular schedule may be required to meet quorum requirements: special meetings may also be required. Unless otherwise noted, meetings will be held in the City Council Chamber, Clearwater Main Library 100 N. Osceola Avenue. Please note that anyone wanting to appeal an official decision made by the CRA Board on any subject at a meeting must have a verbatim record of the meeting that includes the testimony and evidence on which the appeal is based. If you have any questions, please contact Rosemarie Call at (727) 562-4090 or rosemarie.call@myclearwater.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1471 Agenda Date: 12/4/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve recommended changes to the Downtown Gateway Business Economic Recovery Grant Program and authorize appropriate officials to execute same. SUMMARY: On June 12, 2023, CRA Trustees approved the Downtown Gateway Business Economic Recovery Grant Program to provide a one-time economic recovery grant to assist business owners/tenants located in the Downtown Gateway that suffered an economic loss directly related to the Cleveland Streetscape Phase III project. This grant program was originally set up solely for businesses located on Gulf to Bay Blvd. Staff has found that there were many businesses that were suffered financial loss due to the construction but did not meet the minimum criteria that was discussed at the June 12, 2023, meeting. Staff is recommending the following changes to the program guidelines: ·Extending this grant program to all businesses on Cleveland Street and Gulf to Bay in the direct areas of the Cleveland Streetscape construction ·Businesses must either have been established prior to 2020 to set a financial baseline; or ·If not established prior to 2020 the business must prove a year-to-year financial loss in revenue during the time of construction. ·The deadline to apply for this grant program is March 31, 2024 APPROPRIATION CODE AND AMOUNT: Funds are available in project R2003, Economic Development -city. STRATEGIC PRIORITY: 2.1 Strengthen public-private initiatives that attract, develop, and retain diversified business sector. Page 1 City of Clearwater Printed on 11/27/2023 A. Program Overview The Clearwater Community Redevelopment Agency (CRA) provides the Downtown Gateway Business Economic Recovery Grant up to $25,000 to assist business owners/commercial tenants located in the Downtown Gateway District that have suffered financial economic loss directly related to the Cleveland Street Streetscape Phase III project. All grant awards are subject to budget availability. Applications will be accepted on a rolling basis. The application form is available by clicking on the link provided CRA Grant Applications. The Downtown Gateway Business Economic Recovery Grant program directly promotes goals and objectives of the 2018 Clearwater Downtown Redevelopment Plan, specifically: Objective 1E: Provides that Cleveland Street is Downtown’s main street and valued for its historic character and pedestrian scale. Objective 4D: Encourage renovation, restoration, and reuse of existing historic structures to maintain the character of Downtown’s neighborhoods. B. Program Eligibility and Activities The Community Redevelopment Agency staff will administer the Downtown Gateway Business Economic Recovery Grant program. Funding for this grant program is based on budget availability and will be considered on a first-come, first-served basis and awarded one-time. Previous CRA grant awardees may be considered eligible by the discretion of the Executive Director including but not limited to Business Renovation Grant. Application submission does not guarantee approval. Applications will be reviewed for completeness and compliance with program criteria to determine eligibility for grant funding. An applicant for the Downtown Gateway Business Economic Recovery Grant Program must meet all the following criteria to be eligible for the grant: • Applicant is a business owner/commercial tenant within of the entire area of the Streetscape Area • Business must have been established prior to 2020 to set a financial baseline or must prove a year-to-year financial loss in revenue during construction timeline. • Must show a financial loss in revenue from the time the business was established through the construction of the Streetscape from July 1, 2020 - Aug 31, 2023 • Must provide proof of payment of past rent/mortgage and/or public utilities from July 1, 2021 - Aug 31, 2023 • W-9 CITY OF CLEARWATER COMMMUNITY REDEVELOPMENT AGENCY Downtown Gateway Business Economic Recovery Grant • Grant Program ends March 31, 2024 C. Grant Process Business owners/commercial tenants will need to complete a grant application. CRA staff reviews the application for funding eligibility. Once an application is determined complete and in compliance with the grant program, CRA staff will execute a grant agreement that outlines the approved funding. The application form is available by clicking on the link provided CRA Grant Applications. Application Submission 1. Applications can be submitted via email, in person, or postal services. Incomplete applications will not be accepted. 2. Each application will be reviewed according to the following criteria: I. Consistency with the goals of the Downtown Redevelopment Plan II. Ability to meet the program objectives, legal and financial requirements of the grant. If the application is approved by the CRA Director, the applicant shall sign and complete a funding agreement. Payment Process Grant funds will be disbursed by the CRA to the applicant once all supporting documents have been submitted and a grant agreement has been executed. The CRA Director has the authority to modify the payment process based on extenuating circumstances. Proof of past payments of rent/mortgage and public utility payments can be provided as receipts, clear checks, bank statements. D. Next Steps If you are interested in learning more about the Downtown Gateway Business Economic Recovery Grant, please click on the link provided CRA Grant Applications or contact Vickie Shire at Vickie.shire@myclearwater.com. A. Program Overview The Clearwater Community Redevelopment Agency (CRA) provides the Downtown Gateway Business Economic Recovery Grant up to $25,000 to assist business owners/commercial tenants located in the Downtown Gateway District that have suffered financial economic loss directly related to the Cleveland Street Streetscape Phase III project. The amount of grant funds for the program will be established by the CRA Trustees on an annual basis. All grant awards are subject to budget availability. Applications will be accepted on a rolling basis. The application form is available by clicking on the link provided CRA Grant Applications. The Downtown Gateway Business Economic Recovery Grant program directly promotes goals and objectives of the 2018 Clearwater Downtown Redevelopment Plan, specifically: Objective 1E: Provides that Cleveland Street is Downtown’s main street and valued for its historic character and pedestrian scale. Objective 4D: Encourage renovation, restoration, and reuse of existing historic structures to maintain the character of Downtown’s neighborhoods. B. Program Eligibility and Activities The Community Redevelopment Agency staff will administer the Downtown Gateway Business Economic Recovery Grant program. Funding for this grant program is based on budget availability and will be considered on a first-come, first-served basis and awarded one-time. Previous CRA grant awardees may be considered eligible by the discretion of the Executive Director including but not limited to Business Renovation Grant. Application submission does not guarantee approval. Applications will be reviewed for completeness and compliance with program criteria to determine eligibility for grant funding. An applicant for the Downtown Gateway Business Economic Recovery Grant Program must meet all the following criteria to be eligible for the grant: • Applicant is a business owner/commercial tenant within Gulf to Bay area ofof the entire area of the Streetscape Area • Business must have been established prior to 2020 to set a financial baseline or must prove a year-to-year financial loss in revenue during construction timeline. • Business was established no later than calendar year 2020 • Must show a financial loss in revenue from the time the business was established through the construction of the Streetscape loss from July 1, 2020 - Aug 31, 2023 CITY OF CLEARWATER COMMMUNITY REDEVELOPMENT AGENCY Downtown Gateway Business Economic Recovery Grant • Must provide proof of payment of past rent/mortgage and/or public utilities from July 1, 2021 - Aug 31, 2023 • W-9 • Grant Program ends Dec. 31, 2023March 31, 2024 C. Grant Process Business owners/commercial tenants will need to complete a grant application. CRA staff reviews the application for funding eligibility. Once an application is determined complete and in compliance with the grant program, CRA staff will execute a grant agreement that outlines the approved funding. The application form is available by clicking on the link provided CRA Grant Applications. Application Submission 1. Applications can be submitted via email, in person, or postal services. Incomplete applications will not be accepted. 2. Each application will be reviewed according to the following criteria: I. Consistency with the goals of the Downtown Redevelopment Plan II. Ability to meet the program objectives, legal and financial requirements of the grant. If the application is approved by the CRA Director, the applicant shall sign and complete a funding agreement. Payment Process Grant funds will be disbursed by the CRA to the applicant once all supporting documents have been submitted and a grant agreement has been executed. The CRA Director has the authority to modify the payment process based on extenuating circumstances. Proof of past payments of rent/mortgage and public utility payments can be provided as receipts, clear checks, bank statements. D. Next Steps If you are interested in learning more about the Downtown Gateway Business Economic Recovery Grant, please click on the link provided CRA Grant Applications or contact Vickie Shire at Vickie.shire@myclearwater.com. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1472 Agenda Date: 12/4/2023 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 January 31, 2024, 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 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 of the CRA. On February 18, 2020, the CRA trustees approved the applicant’s proposal for a loan to grant in the amount of $187,632.50 for 949 Cleveland Street, 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, and due to the COVID-19 pandemic, construction was delayed. CRA Trustees approved an extension to March 1, 2022 On February 14, 2022, the CRA Trustees approved a second extension to March 1, 2023, due to the continued effects of the COVID-19 pandemic delaying progress as well as the applicant not being able to secure a general contractor until late 2021. On February 13, 2023, the CRA Trustees approved a third extension to December 31, 2023, due to requirements with replacing the roof including structural engineered drawings, permitting, procurement and a subsequent installation. The applicant is requesting a one-month extension of the grant for 943 Cleveland Street due to unexpected conditions, specifically the necessity for a roof replacement before the build out work can begin. There was also a complication with the previous prospective tenant for the café space who withdrew their lease. The applicant has since acquired a new leaseholder. The general contractor for this location has targeted a turnover to owner date in the middle of January but would like the extension through January 31, 2024, so that the tenant can complete their buildout. Staff recommends amending this grant for one month to allow for the final completion date to be January 31, 2024. APPROPRIATION CODE AND AMOUNT: Funds for this grant are available in 3887552-R2003 Economic Development City STRATEGIC PRIORITY: 2.1 Strengthen public-private intiatiatives that attract, develop, and retain diversified business sectors. 2.2 Culitviate a buisness climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality and encourages high-quality job growth. Page 1 City of Clearwater Printed on 11/27/2023 CLEVELAND STREET MARKET Table of Contents: Page 1: Project Summary Page 2: Progress Photos 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 NMResidential.com COMMUNITY REDEVELOPMENT AGENCY FOOD & DRINK GRANT EXTENSION REQUEST Project: Cleveland Street Market Project Addresses: 943 Cleveland Street Clearwater Fl, 33756 Owner: 949 Cleveland Street, LLC Date: November 16th, 2023 NM Residential seeks to extend the grant for the Cleveland Street Market at The Nolen Apartments, originally slated to conclude on December 31st, 2023. Over the past year, significant progress has been made in the construction of the Cleveland Street Market despite encountering unforeseen hurdles. However, the café space, in particular, requires a longer extension due to unexpected conditions, specifically the necessity for a roof replacement before work can resume. Addressing this issue involves a comprehensive process encompassing structural engineered drawings, permitting, procurement, and subsequent roof installation. Apart from the construction challenges, complications arose with a prospective tenant for the café, resulting leased withdraw that necessitates revisiting plans to secure a new tenant. As of early November, we are excited to confirmed that have a committed leaseholder who are collaborating closely with our design team to actualize their American dream of owning a small business within the Clearwater market. We sincerely appreciate the City's comprehension of the encountered challenges and eagerly anticipate presenting this amenity to the City of Clearwater at the earliest convenience. 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 NMResidential.com Upper Marketplace: Back of House Kitchen Upper Marketplace: Back of House Kitchen Upper Marketplace: Top Golf Swing Suites Upper Marketplace: Back of House Kitchen Lower/Upper Level Marketplace: Stalls 485 South Keller Road, Suite 520 | Maitland FL 32751 | (407) 872-1900 NMResidential.com Cafe/Restaurant: Overview Cafe/Restaurant: Slab Poured & Utilities Stubbed Up Cafe/Restaurant: Rooftop Underway – Support Walls Cafe/Restaurant: Kitchen Cafe/Restaurant: Overview FOURTH AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT 485 N. KELLER ROAD, SUITE 520, MAITLAND, FL 32751 949 CLEVELAND STREET, LLC THIS FOURTH AMENDMENT TO THE FOOD AND DRINK PROPERTY OWNER GRANT PROGRAM LOAN-TO-GRANT AGREEMENT, entered into this ____day of __________, 2023, 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 485 N. Keller Road, Suite 520, 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 CRA and the Borrower amended certain provisions of the Agreement on January 19, 2021; and WHEREAS, the CRA and the Borrower amended certain provisions of the Agreement on February 14, 2022; and WHEREAS, the CRA and the Borrower amended certain provisions of the Agreement on February 13, 2023; and WHEREAS, the parties now again 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 January 31, 2024, 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 January 31, 2024. 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: Brian J. Aungst, Sr Chairperson Approved as to form: Attest: ________________________ _______________________________ David Margolis Rosemarie Call CRA Attorney Clearwater City Clerk BORROWER: 949 Cleveland Street, LLC, a Florida limited liability company By: _______________________ Its: _______________________ 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#23-1496 Agenda Date: 12/4/2023 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Discuss requesting an Attorney General Opinion. - City Attorney Margolis SUMMARY: City Attorney staff would like direction from CRA Trustees on requesting an opinion from the Attorney General’s Office regarding: 1.TIF rebate for projects not involving affordable housing. 2.Ability to spend TIF generated in one district in a different district within the same CRA. Page 1 City of Clearwater Printed on 11/27/2023