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02/12/2024Monday, February 12, 2024 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 February 12, 2024Community Redevelopment Agency Meeting Agenda 1. Call To Order 2. Approval of Minutes 2.1 Approve the minutes of the January 16, 2024 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 Fourth Amendment (Amendment) to Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the City of Clearwater (CRA), the City of Clearwater (City), and Archway Clearwater Gardens, LLC (Archway); and authorize the appropriate officials to execute same. 4.2 Approve the transfer of Community Redevelopment Agency tax increment financing (TIF) funds from CRA project 388-C2105, Mercado-Downtown Gateway of $770,178.63 and 388-C2002, Community Engagement, of $384,583.98 to the City of Clearwater capital project 315-C2105, Mercado-Downtown Gateway for the completion of the Mercado capital improvement project and authorize the appropriate official to execute same. 4.3 Approve a Business Lease Contract between the Community Redevelopment Agency and the Clearwater Community Gardens, Inc for a community garden at 1277 Grove Street to establish anew lease for the community garden and authorize the appropriate officials to execute same. 5. Director's Report 6. Adjourn Page 2 City of Clearwater Printed on 2/7/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0183 Agenda Date: 2/12/2024 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: Community Redevelopment Agency Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the minutes of the January 16, 2024 CRA meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 2/7/2024 Community Redevelopment Agency Meeting Minutes January 16, 2024 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Tuesday, January 16, 2024 1:00 PM Main Library - Council Chambers Community Redevelopment Agency Draft Community Redevelopment Agency Meeting Minutes January 16, 2024 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 December 4, 2023 CRA meeting as submitted in written summation by the City Clerk. Trustee Beckman moved to approve the minutes of the December 4, 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 Kathy Flaherty expressed concerns with the rezoning of parklands located in the CRA and urged the parcels remain parks. Michael Foley supported Betty Lane Park remain a park. 4. New Business Items 4.1 Confirm the City Manager’s appointment of Jesus Nino as the CRA Executive Director, to be effective on the date to be listed on the Employee Contract. One individual questioned if the new CRA Executive Director is aware of the Mercado and expressed concerns on how the Board has handled the Gateway neighborhood. Draft Community Redevelopment Agency Meeting Minutes January 16, 2024 Page 3 City of Clearwater Trustee Bunker move to confirm the City Manager’s appointment of Jesus Nino as the CRA Executive Director, to be effective on the date to be listed on the Employee Contract. The motion was duly seconded and carried unanimously. 4.2 Approve an allocation of $90,000 to partially fund murals in the Downtown CRA as part of a Mural Festival. CRA staff has been working with Amber Brice, Arts and Cultural Affairs Coordinator on a Mural Festival that will take place in the Downtown CRA. The CRA will cover wall priming, materials, and artist fees. This would be based on eight locations within the Downtown CRA boundary with a focus mainly in the Downtown Gateway. Neighborhood Services/Cultural Affairs Division would allocate $10,000 to cover consultant fees, lift rentals, PODS rental, marketing, and cost related to an unveiling event. Through this mural festival the City’s art presence will be elevated, removing blight from existing buildings, encouraging visitors to the Downtown CRA to view and photograph murals and patronize the businesses in the area. APPROPRIATION CODE AND AMOUNT: Funds for this program are available in R2002- Community Engagement In response to questions, Arts & Cultural Affairs Coordinator Amber Brice said the murals will be located on privately owned businesses, which is responsible for selecting the artwork. The owner may decide to incorporate lighting to draw attention to the mural. She said the murals should be installed by March. Trustee Teixeira moved to approve an allocation of $90,000 to partially fund murals in the Downtown CRA as part of a Mural Festival. The motion was duly seconded and carried unanimously. 4.3 Discuss the North Greenwood Advisory Committee. Provide CRA staff direction on the members of the North Greenwood Advisory Committee. Draft Community Redevelopment Agency Meeting Minutes January 16, 2024 Page 4 City of Clearwater Interim CRA Executive Director Anne Lopez said staff has received six applications, with one application not eligible to serve per city code. She said three of the applicants are city residents and two applicants do not reside within the North Greenwood CRA but own businesses. Staff was directed to re-push a call for applicants. 5. Director's Report Assistant City Manager Michael Delk said staff is in the process of value engineering the Mercado. He said the plan is not being altered. The plan has been thoroughly vetted with the community and will be built as adopted. He said staff is looking at minimizing some of the costs associated with the project. Staff will bring an item soon requesting additional funds. 6. Adjourn The meeting adjourned at 1:20 p.m. Chair Community Redevelopment Agency Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: bQ 1.r / : Address: 7 r 1. (nom City: v') k/V Zip: 3 7S -t0 Telephone Number: / o ) ( 8-3 - ' 3 Email Add ress:JI — ad US" i &-)/kri CC/ Speaking under citizens to be heard re items not on the agenda " Agenda item(s) to which you wish to speak. L 3 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#24-0151 Agenda Date: 2/12/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve the Fourth Amendment (Amendment) to Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the City of Clearwater (CRA), the City of Clearwater (City), and Archway Clearwater Gardens, LLC (Archway); and authorize the appropriate officials to execute same. SUMMARY: Archway Clearwater Gardens, LLC has requested a modified schedule of various milestones in the Agreement for Purchase and Sale of Property, as amended (Agreement), between the CRA, the City and Archway. Archway has been awarded project-based vouchers for this project from the Clearwater Housing Authority. For consistency with the voucher program, Archway is required to complete a subsidy analysis with the United States Department of Housing and Urban Development (HUD). While Archway has submitted all required documentation, the timing of HUD’s response may require a later closing date which will require a shift in other milestones as well. Clearwater Gardens affordable housing development, located at 1250 Cleveland Street, was selected by Florida Housing Finance Corporation (FHFC) for a 9% Tax Credit award. The project will provide for 52 one-bedroom and 29 two-bedroom units for a total of 81 units. 30 units will be reserved for households earning up to 80% of Area Median Income (AMI) as determined by HUD, 31 units will be reserved for households earning up to 60% AMI, and 20 units will be reserved for households earning up to 30% AMI. Archway is coordinating with the Clearwater Housing Authority to receive 20 project-base vouchers. The developer will continue the operation of the community garden located on the property. The First Amendment to the Agreement dated February 14, 2022, provided Archway additional time to apply for tax credit funding under multiple Florida Housing Finance Corporation’s housing development programs. The Second Amendment dated September 19, 2022, provided for an additional $3,000,000 loan from the CRA and it increased the City’s local government contribution from $75,000 to $610,000, also in the form of a loan. Other accommodations were made in the Second Amendment assuming Archway would secure 4% tax credit financing, but this did not occur. The Third Amendment extended several milestones in the Agreement. With the Fourth Amendment, staff is recommending many of the same milestones modified with the Third Amendment to be extended further. Proposed modifications are outlined below. Archway is optimistic that they will achieve the modified milestones in advance of what has been proposed and no further extensions will be necessary. Section Category Current Proposed 4.05(b)Building Permits 3/1/2024 6/1/2024 4.05(c)Commence Construction 4/1/2024 7/1/2024 4.05(d)50% Construction Completion 1/1/2025 4/1/2025 4.05(e)100% Construction Completion 10/1/2025 1/1/2026 4.05(f)Begin Pre-Leasing 8/1/2025 11/1/2025 4.05(g)Lease Up Complete 1/1/2025 4/1/2026 6.10 Closing Date 3/15/2024 6/15/2024 7.02(a)Commence Construction 4/1/2024 7/1/2024 7.02(b)Commence Vertical Construction 10/1/24 1/1/2025 The City is a party to the agreement only as it relates to sections 3.07 and 15.18 of the Agreement. Page 1 City of Clearwater Printed on 2/7/2024 File Number: ID#24-0151 Section 3.07 of the Agreement required Archway to grant and deliver to the City, its heirs, successors, licensees, or assigns, a perpetual exclusive easement over the area existing as a community garden, solely for use as a community garden. The Amendment requires Archway to execute a declaration of restrictive covenant, instead of a perpetual easement, restricting the use to a community garden for the benefit, use, and enjoyment of the public. This change eliminates the need for the City to procure, manage, or contract with future operators and users of the community garden. Archway will take on this responsibility. Section 15.18 commits the City to a contribution of $610,000 to the project in the form of a deferred loan. This amount is considered the Local Government Areas of Opportunity funding commitment and is required for a project application to receive the maximum amount of basis points. Section 15.18 is not affected by the amendment. APPROPRIATION CODE AND AMOUNT: Funds are available and allocated in R2010 Housing- County STRATEGIC PRIORITY: Page 2 City of Clearwater Printed on 2/7/2024 1 FOURTH AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY THIS FOURTH AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY (this “Amendment”) is made and entered into as of this ___ day of February, 2024, by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (the “Agency”); THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City”); and ARCHWAY CLEARWATER GARDENS, LLC, a Florida limited liability company (the “Developer”, and together with the Agency and City, the “Parties”). W I T N E S S E T H: WHEREAS, the Agency and Archway Partners, LLC entered into that certain Agreement for Development and Purchase and Sale of Property dated August 23, 2021, as assigned to the Developer (the “Original Contract”); and WHEREAS, the Original Contract required the Developer to redevelop the real property commonly referred to as 1250 Cleveland Street, Clearwater, FL 33755 into a project that contained no fewer than 80 residential, affordable dwelling units with a rooftop community garden that also maintained the existing community garden; and WHEREAS, the City was made a party to the Original Contract solely for the purpose of contributing $75,000.00 to the Developer for “local government support” as contemplated by Sections 15.18 and 15.21 of the Original Contract; and WHEREAS, the Parties amended the Original Contract through a First Amendment to Agreement for Development and Purchase and Sale of Real Property (the “First Amendment”) on February 14, 2022 to extend all relevant dates under the Original Contract so that the Developer could apply for an allocation of federal low-income housing tax credits or other financing issued by the Florida Housing Finance Corporation for the year ending December 31, 2022; and WHEREAS, the Parties amended the Original Contract through a Second Amendment to Agreement for Development and Purchase and Sale of Real Property (the “Second Amendment”) on September 19, 2022 to allow for Developer to obtain public funds in a not-to-exceed amount of $3,000,000.00 from the Agency and $610,000.00 in HOME Investment Partnership Program funds from the City; and WHEREAS, the Parties amended the Original Contract through a Third Amendment to Agreement for Development and Purchase and Sale of Real Property (the “Third Amendment” and collectively with the Original Contract, the First Amendment, and the Second Amendment the “Contract”) on July 25, 2023 to amend project timelines and change the location of the residential community garden; and 2 WHEREAS, the Parties now wish to enter into this Amendment to further revise the project timelines, change the easement requirement for a community garden to a restrictive covenant, and allow for the execution of a new lease for the existing community garden. NOW THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged and agreed by each of the Parties, the Agency, the City, and the Developer do hereby covenant and agree as follows: 1. The Agency, the City, and the Developer do hereby mutually represent and warrant that the foregoing recitals are true and correct, and said recitals are hereby ratified, confirmed, and incorporated into the body of this Amendment. 2. Any capitalized terms utilized in this Amendment and which are not separately defined herein shall have the meaning ascribed thereto in the Contract. 3. Section 4.05 of the Contract is hereby amended to read as follows: “4.05 Project Schedule (a) Developer shall submit a completed Application as required by Section 3.03(b). (b) Developer shall obtain all necessary building permits by June 1, 2024. (c) Developer shall Commence Construction of the Project by July 1, 2024. (d) Developer shall have completed 50% of Construction by April 1, 2025. (e) Developer shall have completed 100% of Construction by January 1, 2026. (f) Developer shall begin pre-leasing the dwelling units by November 1, 2025. (g) Developer shall complete leasing the dwelling units by April 1, 2026. (h) Notwithstanding anything contained in this Agreement to the contrary, in the event that Developer is unsuccessful in obtaining an allocation of affordable housing tax credits or other components of the Project Financing in RFA 2021-205 or RFA 2021-202 issued by the Florida Housing Finance Corporation, then Developer shall have the right to request from the Agency an extension of all relevant dates in this Agreement by one year. The extension request shall expeditiously be brought before the Agency’s Board of Trustees, provided, however, it is understood and agreed that the approval or denial of such extension request shall be at the sole discretion of the Agency’s Board of Trustees.” 3 4. Section 6.10 of the Contract is hereby amended to read as follows: “6.10 Closing. Provided all conditions to conveyance of the Project Site to the Developer have been satisfied including the issuance of all building permits, Developer shall purchase the Project Site on or before June 15, 2024 (herein referred to as the “Closing Date”). In addition to the Agency’s authority to extend the Closing Date under Section 6.09(a), the Parties may mutually agree to change the Closing Date.” 5. Section 7.02(a) of the Contract is hereby amended to read as follows: “(a) The Developer shall construct the Project on the Project Site substantially in accordance with the Project Plans and Specifications. Subject to Unavoidable Delay and the terms and conditions in this Agreement, the Developer shall Commence Construction of the Project no later than July 1, 2024.” 6. Section 7.02(b)(1) of the Contract is hereby amended to read as follows: “(b)(1) The Developer shall commence Vertical Construction of the Project by January 1, 2025. The Developer shall continue, pursue, and prosecute the Vertical Construction of the Project with reasonable diligence to substantial completion by the Completion Date and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the Project Site. For purposes of this subsection (b), “abandoned” means to have ceased all construction work, including all or substantially all the construction work force withdrawing from the Project Site for a period of sixty (60) consecutive days, subject to Unavoidable Delays.” 7. Section 3.07 of the Contract is hereby amended to read as follows: “3.07 Restrictive Covenant for a Community Garden. Prior to the Closing Date, the City shall execute a declaration of restrictive covenants over the area existing as a community garden on the Project Site as of the Effective Date on terms, conditions, and form deemed satisfactory to the City restricting the use to a community garden for the benefit, use, and enjoyment of the public. Community garden shall be defined as a use of property where more than one person grows produce and/or horticultural plants for their personal consumption and enjoyment, for the consumption and enjoyment of friends and relatives and/or donation to a not-for-profit organization, or the consumption and enjoyment of others through limited incidental retail sale on-site of goods grown on-site as permitted by the zoning district. The Developer shall reimburse the City for any and all recording fees.” 4 8. Section 6.11(h) is hereby amended to read as follows: “(h) With the exception of any community garden lease between the Agency as landlord and Clearwater Community Gardens, Inc. as tenant for the management of the existing community garden, Agency certifies that it has terminated all leases for the Project Site or any part thereof and all tenants will have vacated the Project Site by the Closing Date. The Agency reserves the right to terminate, extend or renew any community garden lease with Clearwater Community Gardens, Inc. subject to Developer’s approval which approval shall not be unreasonably withheld, conditioned, or delayed. Any such lease regarding the existing community garden shall be assigned to Developer on the Closing Date.” 9. Except as amended and modified hereby, the terms and conditions of the Contract and this Amendment are and shall remain in full force and effect. The Contract as modified by this Amendment, is affirmed, confirmed, and ratified in all respects. 10. This Amendment shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. 11. In the event of conflict or ambiguity between the terms and provisions of this Amendment and the Contract, the terms and provisions of this Amendment shall control to the extended of any such conflict or ambiguity. 12. If any provision of this Amendment shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof or thereof shall in no way be affected or impaired, nor shall such holding of invalidity, illegality or unenforceability of such provision under other dissimilar facts or circumstances. 13. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one instrument. For the purposes of this Amendment, an executed facsimile or electronically delivered counterpart copy of this Amendment shall be deemed an original for all purposes. [Remainder of page left intentionally blank] 5 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first set forth above: AGENCY: Community Redevelopment Agency of the City of Clearwater, Florida, a public body corporate and politic of the State of Florida. ___________________________ Brian J. Aungst, Sr. Chairperson Date: ______________________ Approved as to form: Attest: __________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call CRA Attorney City Clerk Date: _____________________ Date: _______________________ CITY: The City of Clearwater, a Florida municipal corporation. ___________________________ Brian J. Aungst, Sr. Mayor Date: ______________________ Approved as to form: Attest: __________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call Senior Assistant City Attorney City Clerk Date: ______________________ Date: _______________________ 6 DEVELOPER: Archway Clearwater Gardens, LLC, a Florida limited liability company. By: Archway Clearwater Gardens Manager, LLC, Manager of Archway Clearwater Gardens, LLC. By: Archway Partners, LLC, Manager of Archway Clearwater Gardens Manager, LLC. By: _______________________ Brett Green, Manager of Archway Partners, LLC. Date: _____________________ STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me by [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2024, by Brett Green, as Manager of Archway Partners, LLC, a Florida limited liability company, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. ______________________________ Print Name:____________________ Notary Public Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0153 Agenda Date: 2/12/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve the transfer of Community Redevelopment Agency tax increment financing (TIF) funds from CRA project 388-C2105, Mercado-Downtown Gateway of $770,178.63 and 388-C2002, Community Engagement, of $384,583.98 to the City of Clearwater capital project 315-C2105, Mercado-Downtown Gateway for the completion of the Mercado capital improvement project and authorize the appropriate official to execute same. SUMMARY: On May 20, 2021, Council approved a contract to Gibbs and Register to construct the Cleveland Street Streetscape Phase III (16-0003-UT) project. The Mercado design was not complete, and not included in the contract. On October 17, 2022, Council approved the shade structure and turf design concepts for the Mercado public space at the intersection of Cleveland St. and Gulf to Bay Blvd. On September 18, 2023, staff presented an overview to the CRA Trustees that the change order pricing from Gibbs & Register was over budget. Staff recommended allowing Gibbs & Register to complete the streetscape project and get new pricing from another firm to construct the Mercado portion. The City worked with Biltmore Construction under the CMAR, Continuing Services contract, to bid and construct the Mercado in the amount of $930,929; pursuant to Request for Qualifications (RFQ) #40-20, Construction Manager at Risk (CMAR). To reduce overall cost to the City, a PO will be issued directly to USA Shade who was paid a deposit and designed and provided structure hardware under the initial Gibbs & Register contract, hence impractical to bid. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will transfer $770,178.63 from 388-C2105 Mercado-Downtown Gateway and $384,583.98 from 388-R2002, Community Engagement, to the City of Clearwater capital project 315-C2105, Mercado-Downtown Gateway to provide funds for the completion of the Mercado capital improvement. STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 2/7/2024 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-0154 Agenda Date: 2/2/2024 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Community Redevelopment Agency Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Approve a Business Lease Contract between the Community Redevelopment Agency and the Clearwater Community Gardens, Inc for a community garden at 1277 Grove Street to establish anew lease for the community garden and authorize the appropriate officials to execute same. SUMMARY: The purpose of this request is to enter a new lease with the Clearwater Community Gardens, Inc for a period of one year with two one-year renewals. The Clearwater Community Garden and the Clearwater Community Redevelopment Agency entered a three-year lease in 2015 for a community garden in the Downtown Gateway neighborhood. The Clearwater Community Garden group established and has maintained the community garden on Grove Street since April 2015. At the February 2020 CRA Meeting, the board approved a one-year lease with a one-year renewal. The lease of the community garden is tied to the development agreement for Archway Gardens at 1250 Cleveland Street. At the time of closing the lease will be assigned to Archway Gardens, LLC. STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 2/7/2024 1 COMMUNITY GARDEN LEASE THIS COMMUNITY GARDEN LEASE (this “Lease”), is entered into this ____ day of __________, 2024, (the “Effective Date”) by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes (“Lessor”), and CLEARWATER COMMUNITY GARDENS, INC., a Florida non-profit corporation (“Lessee”)(each individually referred to herein as a “Party” or collectively as the “Parties”). WHEREAS, Lessor is the fee simple owner of that certain real property located at 1277 Grove Street, Clearwater, Florida, 33755, as more particularly described on Exhibit “A” attached hereto (the “Property”), which includes a community garden (the “Garden”) on a portion of the Property as more particularly described on Exhibit “B” attached hereto (the “Premises”); and WHEREAS, Lessor desires to lease the Premises to Lessee, and Lessee desires to lease the Premises from Lessor, for the purpose of operating and maintaining the Garden on the Premises, subject to the terms of this Lease; and NOW, THEREFORE, in consideration of the rental payment and mutual covenants and conditions set forth in this Lease, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. LEASE OF PREMISES; CONDITION Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, subject to all terms and conditions set forth herein. Lessee acknowledges that it is fully familiar with the physical condition of the Premises and accepts the Premises in its “as-is”, “where-is” condition. 2. LEASE TERM The initial term of this Lease shall commence on the Effective Date and end on the last day of the twelfth (12th) month following the Effective Date (the “Initial Term”). This Lease may be renewed for two (2) one (1) year renewal periods (each an “Extension Period”) unless terminated prior to the expiration of the Initial Term or any Extension Period, as applicable. The Initial Term, as extended or earlier terminated in accordance with this Lease, is referred to collectively in this Lease as the “Term.” Either Lessor or Lessee may terminate this Lease for any reason or no reason at all at any time by providing not less than thirty (30) days advance written notice to the other Party. 3. RENT For the Term of this Lease, Lessee shall pay to Lessor, on or prior to the Effective Date and in lawful money of the United States, as rent for the Premises (“Rent”), the amount of One Dollar and 00/100 Cents ($1.00) to P.O. Box 4748, Clearwater, Florida 33758, or at such other address or to such other person as Lessor from time to time may designate. Any other sums due from Lessee to Lessor under this Lease shall be referred to as “Additional Rent”. 4. USE OF PREMISES (a) Permitted Use. The Premises shall be used only as a community garden to be operated by Lessee, and Lessee shall allow community residents approved by Lessee (“Garden Users”) to grow produce and horticultural plants for their consumption and enjoyment and for the consumption and 2 enjoyment by their friends and relatives on a not-for-profit basis (except as expressly provided herein) under the direction of Lessee, subject to such reasonable rules and regulations as may be imposed by either Lessor or Lessee. No alcoholic beverages may be sold or served on the Premises, including at any special event pursuant to Section 9 of this Lease. Notwithstanding the foregoing, Lessor shall have the right to disallow Garden Users from using the Premises. (b) Signage. Lessee’s use of signs in connection with the Premises shall be subject to the prior approval of Lessor, which approval may be withheld in Lessor’s sole and absolute discretion, and shall be in accordance with regulations and ordinances of the City of Clearwater, or other applicable law. Any approved signage shall be installed and maintained at Lessee’s sole cost and expense and shall be removed upon expiration or termination of this Lease unless Lessor elects to retain same upon not less than ten (10) days’ notice to Lessee. (c) Rules and Regulations. Lessor and Lessee shall each have the right, from time to time, to impose reasonable rules and regulations for the use of the Premises by Garden Users. Lessee shall comply, and cause all Garden Users to comply, with any rules and regulations imposed by Lessor. To the extent any rules and regulations imposed by Lessor conflict with any rules and regulations imposed by Lessee, Lessor’s rules and regulations shall govern. (d) Hazardous Materials. (i) Lessee shall not operate the Premises, and shall not allow any Garden User to use the Premises, in a manner that would allow (A) any insecticides, pesticides, fertilizers, fungicides or other garden waste from draining off of the Premises to the Property or any adjacent land; or (B) any toxic and/or hazardous substances and/or petroleum products to be leaked, spilled, discharged or released upon, into, or buried under any part of the Premises, except for insecticides, pesticides, fertilizers, and fungicides used in accordance with (1) labelling instructions in normal agricultural uses, and (2) in full compliance with all applicable federal, state and local laws and regulations. (ii) Insecticides, pesticides, fertilizers, and fungicides may only be stored on the Premises in a locked storage unit and must comply with all applicable federal, state and local laws and regulations. Such items shall not be stored in any manner or amount to reasonably be considered an increased fire or explosion risk, or hazardous or extra hazardous by any insurance company insuring agricultural land in Pinellas County. (iii) Lessee shall implement reasonable rules and regulations for Garden Users related to the use and storage of insecticides, pesticides, fertilizers, and fungicides, and Lessee shall diligently monitor and enforce such rules and regulations. (iv) Lessee shall immediately notify Lessor of any violation of paragraph 4(d)(i) above, or any other contamination of the soil, subsurface soil or groundwater on, under or about the Premises, and shall promptly, at its sole expense, cure such violations. 5. UTILITIES Unless otherwise provided for herein, water, sewer, electric and all other utilities of any kind shall be billed directly to and paid by Lessee, and shall be individually metered for the Premises. All deposits for such utilities shall be the sole responsibility of Lessee. Lessee shall not make any modification to utilities currently on the Premises, or install any additional utilities, including, without limitation, irrigation systems, without the written approval of Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. 3 6. TAXES AND ASSESSMENTS If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on Premises based on Lessee’s use of the Premises during the Term, Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice of same (either from Lessor or the taxing authority). If Lessee fails to pay all such taxes assessed or levied on the Premises within such thirty (30) day period, Lessor may, but shall have no obligation to, pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor as Additional Rent together with interest, calculated at the maximum rate allowed by law, and any related costs incurred by the Lessor, including, without limitation, reasonable attorney’s fees. 7. MAINTENANCE Lessee shall, at its own expense, maintain the Premises in an orderly, neat and safe condition in accordance with the principles of good crop husbandry as practiced in Pinellas County, Florida. No trash or debris may be stored or allowed to remain on the Premises. Tools and supplies for the community garden shall be secured in storage units or removed from the Premises daily. Vegetative material (e.g. compost), additional dirt for distribution to Garden Users, and other bulk supplies shall be stored to the rear center of the Premises, shall be kept in a neat and orderly fashion and shall not create a visual blight or produce offensive odors on or about the Premises or the Property. Power tools (e.g. mowers, tillers) shall be stored at the rear of the Premises, secured in storage units, or removed from the Premises when not in use. Lessee shall maintain any and all fences along the boundaries of the Premises in accordance with applicable law. Should Lessee default in any of its maintenance responsibilities hereunder, Lessor may, but shall have no obligation to, complete such maintenance as Lessor shall deem necessary in its sole discretion. All costs and charges expended by Lessor for maintenance shall be deemed Additional Rent for which Lessor shall invoice to Lessee. 8. HOURS OF OPERATIONS AND NOISE LIMITATIONS Subject to reasonable rules and regulations imposed by either Lessor or Lessee, no gardening activities shall take place before sunrise or after sunset. Garden hours and Lessee’s contact information shall be conspicuously posted on the Premises. The use of hand tools and domestic gardening tools is encouraged; the use of small power equipment, such as gas-powered tillers and edgers is allowed. Gas- powered equipment which is greater than ten horsepower is prohibited. 9. SALE OF PRODUCE AND HORTICULTURAL PLANTS The community garden is not intended to be a commercial enterprise; however, there may be occasions when surplus is available. The produce and horticultural plants grown shall not be sold wholesale nor offered for sale on the Premises except as provided for in this section. Surplus produce and horticultural plants may be sold off the premises provided such sale is in accordance with applicable law. Surplus produce and horticultural plants may be sold on the Premises during fundraising events with the prior written approval from Lessor of such event, which approval shall not be unreasonably withheld, conditioned or delayed so long as Lessee obtains and provides to the Lessor’s satisfaction, proof of a special event insurance policy which includes coverage for general liability and coverage for personal injuries or property damage caused by any Garden Users, guests or invitees of Lessee or Garden Users during such event. 10. OBSERVANCE OF LAWS AND ORDINANCES Lessee agrees to, and shall cause all Garden Users to, observe, comply with and execute promptly at its expense, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of 4 governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the Premises. 11. ASSIGNMENT OR SUBLEASE Lessee may not assign or in any manner transfer, or grant or suffer any encumbrance of Lessee’s interest in, this Lease in whole or in part, nor sublet all or any portion of the Premises, or grant a license concession or other right of occupancy of any portion of the Premises, without the prior written consent of Lessor in each instance, which consent may be withheld in Lessor’s sole and absolute discretion. Notwithstanding the foregoing, Lessee may sublet portions of the Premises to provide for use of individual garden plots within the community garden by Garden Users. Such subleases shall be subject to all provisions of this Lease and shall require a written waiver of liability in favor of Lessor, which shall be provided to Lessor in advance of occupancy or use of the sublet Premises. Lessor shall have the unrestricted right of assigning this Lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities and obligations hereunder. 12. ALTERATIONS AND IMPROVEMENTS Lessee may not make any structural improvements to the Premises, however may make minor improvements consistent with operation and management of a community garden. Minor improvements (herein, “Improvements”) shall include but not be limited to garden boxes, irrigation facilities, water spigots, fencing, and lockable storage units. Any Improvements installed on the Premises shall be installed and maintained at Lessee’s sole cost and expense. Allowable Improvements shall not include permanent or temporary bathroom facilities. Lessee’s design plans for any Improvements shall be in accordance with applicable law and shall be subject to prior written approval by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Lessee shall have no power or authority to permit mechanics’ or materialmen’s liens to be placed upon the Premises in connection with Improvements, maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic’s liens for materials or labor claimed to have been furnished to the premises on Lessee’s behalf. On or prior to the expiration or termination of this Lease, Lessee shall, at Lessee’s expense, remove all of Lessee’s personal property and Improvements from the Premises, and Lessee shall return the Premises as vacant land free of all trash and debris. All personal property and Improvements remaining on the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 13. PARKING Parking is not allowed on the Premises at any time by Lessee, Garden Users, or any of their guests or licensees. 14. RIGHT OF ENTRY Lessor and its agents shall have the right to enter the Premises, during all reasonable hours, to examine and/or make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation of the Premises and/or the Property, or to remove placards, signs, fixtures, alterations, or additions which do not conform to this Lease or applicable law. This Section 14 shall not impose any obligation on Lessor to do any of actions allowed under this Section 14. 5 15. INSURANCE (a) Lessee shall, during the entire Term, keep in full force and effect (1) minimum general liability insurance for the Premises of One Million Dollars ($1,000,000.00) per person, Two Million Dollars ($2,000,000.00) aggregate, and (2) workers’ compensation insurance in statutory limits. The policies shall name Lessor and any persons, firms or corporations designated by Lessor, and Lessee as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Lessor thirty (30) days prior written notice. The insurance shall be written by a company reasonably approved by Lessor and a copy of the policy or a certificate of insurance shall be delivered to Lessor no later than the Effective Date, and evidence of renewals shall be delivered to Lessor annually thereafter. Nothing herein shall be considered to limit the liability of the Lessee under this Lease. (b) Lessor may obtain and maintain separate insurance for the Premises, however Lessee’s insurance policies and the coverage provided shall be primary, and any coverage carried by Lessor shall be noncontributory with respect to policies carried by Lessee. (c) Lessee agrees to indemnify, defend, save and hold harmless the Lessor, its officers, agents and employees, from and against any and all claims, liabilities, suits, losses, fines, and/or causes of action that may be brought against Lessor, its officers, agents and employees, on account of any act or omission of Lessee, its agents, servants, or employees in the performance of this Lease and resulting in personal injury, loss of life or damage to property sustained by any person or entity, including all costs, reasonable attorney’s fees, expenses, any appeals, and including the investigations and defense of any action or proceeding and any order, judgment, or decree which may be entered in any such action or proceeding, except for damages specifically caused by or arising out of the gross negligence or willful misconduct of the Lessor, its officers, agents, employees or contractors. (d) Lessor shall not be liable for: (a) damage to any equipment, personal property, or horticultural plants on the Premises, including theft, vandalism, collision, fire, or any other damage to such items; (b) loss of use of any such items which may be damaged while using the Premises; or (c) any injury to any person using the Premises. 16. DESTRUCTION OF PREMISES In the event that the Premises or any improvements to the Premises made by Lessee should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, Lessor shall have no obligation whatsoever to repair or rebuild the Improvements or the Premises. Lessee may, at its sole discretion and sole cost and expense, rebuild or repair the Improvements or the Premises. 17. EMINENT DOMAIN If all or any substantial part of the Premises shall be taken or appropriated by any public or quasi- public authority under the power of eminent domain, or conveyance in lieu of such appropriation, Lessor shall be entitled to any and all income, rent, award, or any interest whatsoever in or upon any such sum, which may be paid or made in connection with any such public or quasi-public use or purpose, and Lessee hereby assigns to Lessor any interest it may have in or claim to all or any part of such sums. Lessee shall not be entitled to any damages by reason of the taking of this leasehold, be entitled to any part of the award for such taking, or any payment in lieu thereof. 6 18. SUBORDINATION This Lease and the rights of Lessee hereunder are made subject and subordinate to all mortgages or other instruments of security now or hereafter placed upon the Premises by the Lessor; provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the Premises owned by Lessee or any Garden User. Lessee agrees to execute any instrument of subordination which might be required by any mortgagee of the Lessor. 19. DEFAULT BY LESSEE Upon the continuance beyond expiration of applicable notice and grace periods, if any, of one or more of the events as expressed below in (a) through (f), inclusive (individually and collectively, an “Event of Default”), the Lessor shall have any and all rights and remedies hereinafter set forth: (a) In the event Lessee should fail to pay any installment of Rent, Additional Rent, or any other sums required to be paid hereunder, within twenty (20) days after the same become due. (b) In the event a petition in bankruptcy (including Chapter X and Chapter XI bankruptcy proceedings or any other reorganization proceedings under the Bankruptcy Act) be filed by the Lessee, or be filed against Lessee, and such petition is not dismissed within ninety (90) days from the filing thereof, or in the event Lessee is adjudged bankrupt. (c) In the event an assignment for the benefit of creditors is made by Lessee. (d) In the event of an appointment by any court of a receiver or other court officer of Lessee’s property and such receivership is not dismissed within twenty (20) days from such appointment. (e) In the event Lessee fails to keep, observe or perform any of the other terms, conditions or covenants on the part of Lessee herein to be kept, observed and performed for more than twenty (20) business days after written notice thereof is given by Lessor to Lessee specifying the nature of such default, or if the default so specified shall be of such a nature that the same cannot reasonably be cured or remedied within said twenty (20) business day period, if Lessee shall not in good faith have commenced the curing or remedying of such default within such twenty business (20) day period and shall not thereafter continuously and diligently proceed therewith to completion. (f) In the event Lessee fails to maintain the Premises as a community garden. 20. REMEDIES OF LESSOR (a) In the event of any such Event of Default, Lessor shall have the right to re-enter the Premises after summary proceedings to dispossess Lessee and all other occupants therefrom and remove and dispose of all property therein in any manner provided by Florida law. (b) In the event of any such Event of Default, the Lessor shall have the right, at its option, to declare the rents for the entire remaining term and other indebtedness, if any, immediately due and payable without regard to whether or not possession shall have been surrendered to Lessor, and may commence action immediately thereupon and recover judgment therefor. (c) In the event Lessor has secured the right by law to dispossess Lessee of the Premises, and should Lessee fail to remove its property therefrom within three (3) days of notice from Lessor, Lessor shall have the right to remove all or any part of the Lessee’s property from the Premises and 7 any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account of Lessee and the Lessor shall not be responsible for the care or safekeeping thereof, and the Lessee hereby waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. (d) Any and all rights, remedies and options given in this Lease to Lessor shall be cumulative and in addition to and without waiver of or in derogation of any other right or remedy given to it under any law now or hereafter in effect. (e) Any Rent or Additional Rent not received within twenty (20) days of when due shall bear interest at the maximum rate allowed by law. 21. ADDITIONAL RIGHTS OF LESSOR AND LESSEE No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure of Lessor or Lessee to insist upon the strict performance of any provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Lessor of any Rent, Additional Rent or other sum payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach and no waiver by Lessor or Lessee of any provision hereof shall be deemed to have been made unless made in writing. Lessor and Lessee shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Lessor or Lessee by law or equity. 22. ESTOPPEL Lessor may, from time to time, request that Lessee execute an estoppel (an “Estoppel”) as to the terms and status of this Lease in a form provided by Lessor. Lessee will execute such Estoppel and return same to Lessor within five (5) days after Lessor delivers same to Lessee. 23. NO SECURITY Lessee acknowledges that Lessor will not provide any attendants or security services at the Premises. Lessee shall be solely responsible, at Lessee’s expense, for installing, operating and maintaining any access control and security systems at the Premises, and Lessee is solely responsible for the safety and security of persons and property at the Premises. 24. NOTICES, DEMANDS AND OTHER INSTRUMENTS Any notice to be given or served upon any Party hereto in connection with this Lease must be in writing and may be given by certified or registered mail, or by reputable overnight delivery service, and shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; or if sent by overnight delivery service, upon delivery to the recipient (or refusal of delivery by the recipient or his or its agent); or if given otherwise, it shall be deemed to have been given when delivered to and received by the Party to whom it is addressed. Such notices shall be given to the Parties hereto at the following addresses: 8 If to Lessor: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA P.O. Box 4748 Clearwater, Florida 33758 Attn: Executive Director Copy to: CITY OF CLEARWATER, FLORIDA P.O. Box 4748 Clearwater, Florida 33758 Attn: City Attorney If to Lessee: CLEARWATER COMMUNITY GARDENS, INC. 1277 Grove St. Clearwater, Florida 33755 Attn: President Any Party hereto may by giving five (5) days written notice to the other Parties hereto designate any other address in substitution of the foregoing address to which notice shall be given. 25. SEPARABILITY; BINDING EFFECT Each provision hereof shall be separate and independent and the breach of any such provision by Lessor or Lessee shall not discharge or relieve Lessee or Lessor from its obligations to perform each and every covenant to be performed by Lessee or Lessor hereunder. If any provision hereof or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining provisions hereof, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. All provisions contained in this Lease shall be binding upon, inure to the benefit of, and be enforceable by, the respective successors and assigns of Lessor or Lessee, as the case may be, to the same extent as if each such successor and assign were named as a party hereto. This Lease may not be changed or modified except by a writing signed by Lessor and Lessee. 26. QUIET ENJOYMENT If the Lessee pays the rent it is obligated hereunder to pay, and observes all other terms, covenants and conditions hereof, it may peaceably and quietly have, hold and enjoy the Premises during the Term of this Lease, subject, however, to all the terms of this Lease. 27. COUNTERPARTS This Lease may be executed in one or more counterparts and shall be deemed to have become effective if and only if one (1) or more of such counterparts shall have been signed by or on behalf of each of the Parties hereto (although it shall not be necessary that any single counterpart be signed by or on behalf of each of the Parties hereto, and all such counterparts shall be deemed to constitute but one and the same instrument), and shall have been delivered by each of the Parties to the other. 28. CURING LESSEE’S DEFAULT (a) If Lessee shall default in the performance of any of Lessee’s obligations under this Lease, Lessor, without thereby waiving such default, may (but shall not be obligated to) perform the same 9 for the account and at the expense of Lessee, without notice, in a case of an emergency, and in any other case, only if such default continues after the expiration of (i) applicable grace periods provided in this Lease for cure of such default, or (ii) if no such period is specified herein, twenty (20) business days from the date Lessee receives written notice of such default from Lessor. (b) For the purpose of this subparagraph, rent shall be deemed paid when mailed first class mail, postage paid, to Lessor at the address hereinafter designated, or such other address as Lessor may, in writing, direct to Lessee. 29. NO JOINT VENTURE Nothing contained in this Lease shall be deemed or construed to create a joint venture or any association whatsoever between Lessor and Lessee, it being expressly understood and agreed that neither this Lease nor any other provisions contained in this Lease nor any act or acts of the Parties hereto shall be deemed to create any relationship between Lessor and Lessee other than the relationship of Lessor and Lessee. 30. ATTORNEYS’ FEES In the event of any action or proceeding brought by either Lessor or Lessee against the other under this Lease, the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding (including proceedings at appellate levels) in such amount as the court may adjudge reasonable as attorneys’ fees. 31. SUCCESSORS All rights and liabilities herein given to, or imposed upon, the respective Parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and permitted assigns of the Parties. 32. ENTIRE AGREEMENT This Lease and Exhibits, if any, attached hereto and forming a part hereof, set forth all covenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the Premises and there are no covenants, promises, conditions or understandings, either oral or written, between them other than are herein set forth. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Lessor and Lessee or their respective successors in interest. 33. TIME OF THE ESSENCE Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. 34. CUMULATIVE REMEDIES No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 35. CHOICE OF LAW This Lease shall be governed by and interpreted in accordance with the Laws of the State of Florida. 10 36. VENUE Venue shall be in the Middle District of Florida or in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida. 37. APPLICABLE LAW Lessee agrees to, at its sole cost and expense, comply with and observe all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, as they may be amended from time to time, and to obtain and maintain all licenses and permits necessary to use the Premises as permitted herein. 38. RADON GAS Pursuant to Florida Statutes, Section 404.056(8), the following disclosure is required by law: Radon is a, naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 39. MEMORANDUM OF LEASE Lessee shall record in the Public Records of Pinellas County a memorandum of this Lease upon direction to do so by Lessor. Lessee may not record a memorandum of lease or any other writing pertaining to this Lease without the written consent of Lessor, which consent may be delayed, withheld, or denied by Lessor in its sole and absolute discretion. Lessee shall be responsible for the payment of any applicable recording fees. IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the Effective Date. 11 (LESSOR SIGNATURE PAGE) LESSOR: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes. ___________________________ Brian J. Aungst, Sr. Chairperson Date: ______________________ Approved as to form: Attest: __________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call CRA Attorney City Clerk Date: _____________________ Date: _______________________ 12 (LESSEE SIGNATURE PAGE) LESSEE: CLEARWATER COMMUNITY GARDENS, INC., a Florida non-profit corporation. By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me by [ ] physical presence or [ ] online notarization, this _____ day of ____________, 2024, by ___________________, as ____________________ of Clearwater Community Gardens, Inc., a Florida non-profit corporation, on behalf of the company. He/She is personally known to me or who produced ___________________ as identification. ______________________________ Print Name:____________________ Notary Public 13 EXHIBIT “A” DESCRIPTION OF PROPERTY THE WEST 100 FEET OF LOT 19, THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOT 18, AND THE EAST 108.5 FEET OF LOT 19, LESS THE EAST 20 FEET OF LOT 18, AND THE SOUTH 20 FEET OF LOTS 18 AND 19, PREVIOUSLY DEDICATED FOR ROAD RIGHT-OF-WAY PURPOSES, OF THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 27, 28, 29, 30 AND 31, RE-SUBDIVISION LOTS 11, 12, 13, 14 & 15 PADGETT’S ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 1 EXHIBIT “B” DESCRIPTION OF PREMISES LOTS 28, 29, 30 AND 31, RE-SUBDIVISION LOTS 11, 12, 13, 14 & 15 PADGETT’S ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.