ESSENTIAL EQUIPMENT GRANT PROGRAM AGREEMENT EE-02-24ESSENTIAL EQUIPMENT GRANT PROGRAM AGREEMENT
EE -02-24
This Essential Equipment Grant Program Agreement ("Agreement") is made as of
S ' ("the Effective Date"), by and between the COMMUNITY REDEVELOPMENT
GEN Y OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic
of the State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"),
and MACHI BOBA LLC. ("Applicant").
WITNESSETH:
WHEREAS, the Agency was created to implement the community redevelopment
activities in the Florida Community Redevelopment Act of 1969 ("the Act") codified at
Chapter 163, Part III, Florida Statutes; and
WHEREAS, § 163.387(6)(c)4, Florida Statutes provides that the budget of a
community redevelopment agency may provide for clearance and preparation of any
redevelopment area for redevelopment; and
WHEREAS, § 163.387(6)(c)9, Florida Statutes provides that the budget of a
community redevelopment agency may provide for payment undertakings described in a
redevelopment plan and for expenses that are necessaryto exercise the powers granted to
a community redevelopment agency under § 163.370, Fla. Stat.; and
WHEREAS, Objective 4D of the Plan provides that the Agency will encourage
renovation, restoration, and reuse of existing historic structures to maintain the character of
Downtown's neighborhood; and
WHEREAS, on June 12, 2023, the Agency implemented the Essential Equipment
Grant Program ("the Program") with the goal of providing grants to food and beverage
operator so they may purchase essential equipment needed to effectively operate their
establishments; and
WHEREAS, on August 2, 2024, the Agency received an application ("the
Application") from the Applicant, a true and correct copy of which is attached to this
Agreement as Exhibit "A", requesting financial assistance under the Program for the
property located at 1011 Cleveland Street, Clearwater, FL 33755 ("the Property"); and
WHEREAS, the Applicant has represented in the Application that it is a food and
beverage operator which is currently open for business within the Agency's territorial
boundaries and that the property taxes on the Property are current; and
WHEREAS, the Applicant has requested essential equipment assistance in the
amount of $3,500.00 ("the Proposal"); and
WHEREAS, the Agency finds that providing financial assistance for essential
equipment assistance to food and beverage operators is a permissible expenditure under
the Agency's approved budget and the Act; and
WHEREAS, the Agencyfindsthatthe Proposal comports with and furthers the goals,
objectives, and policies of the Plan;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
1. GENERAL
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. Intent; Purpose of Agreement. The purpose of this Agreement is to further the
implementation of the Plan by providing for essential equ ipmentfinancial assistance by
the Agency to the Applicant as requested in the Application, all to enhance the quality of
life and useful enjoyment of the Downtown, and in accordance with and in furtherance of
the Plan, and as authorized by and in accordance with the Act.
I. APPLICANT RESPONSIBILITIES
1. Evidence of Essential Equipment Purchase. The Applicant shall provide the
Agency with evidence that it has purchased essential equipmentwithin 30 days of the
Effective Date.
II. AGENCY RESPONSIBILITIES
1. Grant Funding. The Agency shall reimburse the Applicant for any essential
equipment expenses it has purchased for the Property within 30 days of receipt of
approved expenses, up to a maximum of $3,500.00, payable within 30 days after
verification by the Agency that the Applicant has actually incurred and paid these
expenses to the satisfaction of the Agency's Director.
2. Agency Director Word Final. The Agency's Director retains sole discretion to
determine whether monies which the Applicant seeks reimbursement for actually meet
the requirements of Section 111(1) of this Agreement. If the Director determines that any
monies the Applicantseeks reimbu rsementfor does not meet the requ irements of Section
111(1) of this Agreement then the Parties agree that the Director's decision is final, the
Agency shall not owe any monies to the Applicantfor the requested reimbursement, and
the Applicant shall have no recourse against the Agency.
11I. APPLICANT DEFAULT
1. Failure to Provide Evidence of Payment. If the Applicant fails to provide evidence
that it has actually incurred and paid essential equipment purchases for the Property
within 30 days of the effective date to the satisfaction of the Agency's Director, then the
Parties agree that the Applicant shall be in default u nder th is Agreement, this Agreement
shall immediately become null and void, and the Agencywill have no furtherresponsibility
to the Applicant, including butnotlimitedto the responsibilitytotenderany reimbursement
funds to the Applicant.
2. Other Events of Default. In addition to the foregoing, the occurrence of any one or
more of the following after the Effective Date shall also constitute an event of default by
the Applicant:
A. The Applicant shall make a general assignment for the benefit of its creditors,
or shall admit in writing its inability to pay its debts as they become due or shall
file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or
shall file a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation or shall file an answer admitting, or shall fail
reasonablyto contest, the material allegationsofa petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment
of anytrustee, receiver or Iiqu idatorof the Applicantor any material part of such
entity's properties; or
B. Within 60 days after the commencement of any proceeding by or against the
Applicant seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not have been
dismissed or otherwise terminated, or if, within 60 days after the appointment
withoutthe consent or acquiescence of the Applicant of any trustee, receiver
or liquidatorof any of such entities or of any material part of any of such entity's
properties, such appointment shall not have been vacated.
C. It becomes known to the Agency that the Applicant made any false or
misleading statement on the Application . The Parties agree that the Agency's
Director retains sole discretion to determine whether any statement made by
the Applicant in the Application was false or misleading, and the Parties further
agree that the Director's decision on this matter is final and binding as between
the Parties.
If the event of default is one of the events listed in Section IV(2) of this Agreement then
the parties agree that: a) this Agreement shall be null and void; b) that the Agency will
have no further responsibility to the Applicant, including the responsibility to tender the
reimbursement funds to the Applicant; and c) that if the Agency has tendered
reimbursement funds to the Applicant, then the Agency shall be entitled to return of all
reimbursement funds plus default interest at a rate of 10% starting from the date of
default.
3. Notice of Defau ltand Opportunity to Cure. The Agency shall provide written notice
of any default underthis Agreement and provide the Applicant 10 days from the date the
notice is sentto cure the default. This notice will be deemed sent when sent by first class
mail to the Applicant's notice address or when delivered to the Applicant if sent by a
different means.
IV. MISCELLANEOUS
1. Notices. All notices, demands, requests for approvals or other communications
given by either party to anothershall be in writing, and shall be sentto the office for each
party indicated below and addressed as follows:
To the Applicant:
MACHI BOBA LLC
HOANG MA
1011 Cleveland St.
Ste. B1
Clearwater, FL 33755
To the Agency:
Community Redevelopment Agency of the City
of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: Executive Director
with copies to:
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
Attention: City Attorney
2. Unavoidable Delay. Any delay in performance of or inability to perform any
obligation u nderth is Agreement (other than an obligation to pay money) due to any event
or condition described in th is Section as an event of"Unavoidable Delay" shall be excused
in the manner provided in this Section.
"Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability of materials after
timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight
embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely
abnormal and excessively inclement weather (as indicated by the records of the local
weather bureau for a five year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes,
restoration in connection with any of the foregoing or any other cause beyond the
reasonable control of the party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other party to this Agreement, or
acts of any govern mental authority (except th at acts of the Agency shall not constitute an
Unavoidable Delay with respect to performance by the Agency).
An application by any party heretoforan extension of time pursuanttothisSection
must be in writing, must set forth in detail the reasons and causes of delay, and must be
filed with the other party to th is Agreement within 30 days following the occurrence of the
event or condition causing the Unavoidable Delay or 30 days following the party becoming
aware (or with the exercise of reasonable diligence should have become aware) of such
occu rren ce.
The party shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and on lyto the extent that any such occurrence actually
delays that party from proceeding with its rights, duties and obligations under this
Agreement affected by such occurrence. In the event the party is the Applicant then the
Agency's Executive Director is authorized to grant an extension of time for an
Unavoidable Delay for a period of up to 6 months. Any further requests for extensions of
time from the Applicant must be approved by the Agency's trustees.
3. Indemnification. The Applicant agrees to assume all risks of inherent in this
Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the
Agency and the City of Clearwater, a municipal corporation ("the City"), and the Agency's
and the City's officers, agents, and employees from and against any and all claims of
loss, liabilityand damages of whatever nature, to persons and property, including,without
limiting the generality of the foregoing, death of any person and loss of the use of any
property. This includes, butis not limited to, matters arising out of or claimed to have been
caused by or in any manner related to the Applicant's activities or those of any approved
or unapproved invitee, contractor, subcontractor, or other person approved, authorized,
or permitted by the Applicantwhetheror not based on negligence. Nothing herein shall
be construed as consent by the Agency or the City to be sued by third parties, or as a
waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the
Doctrine of Sovereign Immunity.
4. Assignability; Complete Agreement. This Agreement is non -assignable by either
party and constitutes the entire Agreement between the Applicantand the Agency and all
prior or contemporaneous oral and written agreements or representations of any nature
with reference to the subject of the agreement are canceled and superseded by the
provisions of this agreement.
5. Applicable Law and Construction . The laws of the State of Florida shall govem the
validity, performance, and enforcement of this Agreement. This Agreement has been
negotiated by the Agency and the Applicant, and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the
Applicant, but by all equally.
6. Severabilitv. Should any section or part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section in this Agreement.
7. Amendments. This Agreement cannot be changed or revised except by written
amendment signed by all parties hereto.
8. Jurisdiction and Venue. For purposes of any suit, action or other proceeding
arising out of or relating to this Agreement, the parties hereto do acknowledge, consent
and agree that venue thereof is Pinellas County, Florida.
Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States
District Courtfor the Middle District of Florida, forthe purposes of any suit, action or other
proceeding arising out of or relating to this Agreement and hereby agrees not to assert
by way of a motion as a defense or otherwise that such action is brought in an
inconvenientforu m or thatthe venue of such action is improper or that the subject matter
thereof may not be enforced in or by such courts.
If, at anytime during the term of this Agreement, the Applicant is not a resident of
the State of Florida or has no office, employee, agency, registered agent or general
partner thereof available for service of process as a resident of the State of Florida, or if
any permitted assignee thereof shall be a foreign corporation, partnership or other entity
or shall have no officer, employee, agent, or general partner available for service of
process in the State of Florida, the Applicant hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any courtaction between it and the
Agency arising out of or relating to this Agreement and such service shall be made as
provided by the laws of the State of Florida for service upon a nonresident; provided,
however, that at the time of service on the Florida Secretary of State, a copy of such
service shall be delivered to theApplicantatthe address for notices as provided in Section
10.
9. Termination. If not earlier terminated as provided in this Agreement, the term of
this Agreement shall expire and this Agreement shall no longer be of any force and effect
30 days from the Effective Date of this Agreement.
Approved as to form:
Michael P. Fuino
CRA Attorney
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By:
Attest:
Jesus o, CRA ExecutiVDirector
Community Redevelopment Aggcmi,
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City Clerk
I ACKNOWLEDGE THAT I AM LAWFULLY AUTHORIZED TO EXECUTE THIS
AGREEMENT.
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by Rukobi. tAA , as (title if applicable) CEO
of (Entity name if any) MACIA‘ MO1 1,t,(, ,who[ ] is
personally known to me or Fp] has produced identification.
Type of identification produ
My commission expires:
(Notary Seal)
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CATHERINE MERINO•CONTE
• Notary Public • State of Flericia
Al. Commission # NH 529597
. ... . My Comm. Expires May 21, 2028
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Notary Public Print Name
Re
aurant Operations: Essential Equipment
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EXHIBIT #
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Email. q� �faar�� `AaD e /'o iYl
Mi :Abba . d 9» �r Social Media: :hc/earwcJe r F ce book
/ N Business located within Downtown Clearwater CRA boundaries
0/ N Currently Open for Business
Et,Y / Previous CRA Grant Awardee
Attach City of Clearwater Business Tax Receipt (BTR)
SECTION 2: Property Owner Information
Name: /1/40 /ea n
Address: 9ii 9 Cie vv/c J S�- l e /,�o�ctr'.tsst,4j- 33 7515"
Phone:—.34/323S124____ Email: (. Ie v4 /¢hal 574loPf @rim !e 5;de k7/A/ GO,
Property Legal Description: (le ve/a ' reG / AiA /e 71
SECTION 3: Essential Restaurant Equipment Information
Project Type (check all that apply): ❑ Repair ❑ Replace
Description: // 'c At l A F4/ g A31 "
e; M/rie/C;moi rie e/'
t3' Attach 2 (two) price estimates per item
Grant Amount $ 35evd (Maximum: $3,500)
Total Project Cost: 435- 6 3
Data:
Oica/c2-y
City of Clearwater Community Redevelopment Agency (CRA)
600 Cleveland Street, 6th Floor 1 Clearwater, Florida 33755
Telephone: (727) 562-4038 I downtownclea,water.com
Revision Date: 9129/2023