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COMMERCIAL IMPROVEMENT GRANT AGREEMENT NG-C-24-02COMMERCIAL IMPROVEMENT GRANT AGREEMENT NG -C-24-02 is Commercial Improvement Grant Agreement (this "Agreement") is made as of / A , (the "Effective Date"), by and between THE COMMUNITY REDEVELOPMENT CY 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"), and BIG JIM'S & FAMILY BARBEQUE LLC, a Florida limited liability company (the "Applicant ")(collectively the Agency and the Applicant are the "Parties"). WITNESSETH: WHEREAS, the Agency was created to implement community redevelopment activities as provided in the Florida Community Redevelopment Act of 1969 (the "Act") codified at Chapter 163, Part III, Florida Statutes; and WHEREAS, on January 12, 2023, the Agency adopted the North Greenwood Community Redevelopment Area Plan (the "Plan"); and WHEREAS, in furtherance of the Plan, the Agency has established the Commercial Grant Program (the "Program") to provide grants to businesses and commercial property owners located in the North Greenwood Community Redevelopment Area (the "Redevelopment Area") for such businesses and owners to make building, structural, and site improvements to their properties; and WHEREAS, the Agency has approved a grant to the Applicant in an amount not to exceed $75,000.00 in financial assistance under the Program to provide building and site improvements to the property located at 1303 N Martin Luther King Jr Ave Clearwater, FL 33755 (the "Property"). WHEREAS, The grant will be used for the activities listed below at the Property (the "Project") as further detailed in the Applicant's grant application and plan specifications attached hereto as Exhibit "C" (the "Specifications"): • Electrical/plumbing upgrades and utility connections; • HVAC • Interior walls (including drywall), ceilings, floors, doors, and molding; • Interior paint; • Certain permanent bathroom and kitchen counter tops, cabinets, sinks, replace BBQ pit • The repair of exterior walls; • Roof repairs or replacement • Exterior repainting; • Exterior windows and/or doors; • Exterior signage; • The installation, repair, or renovation of porches, patios, plazas; • Parking area and driveway improvements. ; and 1 WHEREAS, the Agency finds that providing financial assistance for the commercial improvement of the Property is a permissible use of the Agency's funds; and WHEREAS, the Agency finds that the Project comports with and furthers the goals, objectives, and policies of the Plan; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: I. GENERAL 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to further the implementation of the Plan by the completion of the Project. 3. Legal Description. The legal description for the Property is attached hereto as Exhibit "A". II. APPLICANT WARRANTIES AND RESPONSIBILITIES 1. Development of the Project. The Applicant shall complete the Project in accordance with the Specifications and the grant application. The Applicant shall complete all Project work within three hundred and sixty-five (365) days from the date of application approval. Such completion shall be evidenced by receipt of a Finding of Project Completion from the Agency. A Finding of Project Completion shall be granted in accordance with the criteria contained in the Agency's Commercial Grant Program Policy attached hereto as Exhibit "B" (the "Policy"). The date of application approval shall be the Effective Date. Applicant's Project Contribution. As a condition of receiving reimbursement grant funding from the Agency, the Applicant shall provide thirty thousand dollars and zero cents ($30,000.00) in monetary contribution (the "Monetary Contribution") toward the Project. Evidence of expenditure of Applicant's contribution towards the Project shall be submitted to the Agency's satisfaction before disbursement of the Agency's grant funding. Notwithstanding the foregoing, the Applicant may have the Monetary Contribution waived or reduced if the Applicant completes certain community service acts in accordance with the Policy or receives a legacy credit. The Applicant has received a Legacy Credit in the amount of thirty thousand dollars and zero cents (30,000.00) reducing the Monetary Contribution to zero dollars and zero cents ($0.00) (The "Reduced Contribution"). The Legacy Credit shall be added to the balance of the Applicant's available grant funds. 2. Warranties of the Applicant. The Applicant warrants that the following information is true and correct: 2 a. The Applicant is the owner of or has a leasehold interest in the Property; b. The Applicant's business is a permitted use under the City's Community Development Code; c. The Applicant is current on their property taxes for the Property and business fees; d. The Property has no outstanding code enforcement or building code violations or the Applicant has made the Agency aware of such violations and the Agency has agreed to allow the Project to move forward as the renovations will remediate any violations; e. The Property is free of code enforcement or other municipal liens; f. The business or proposed new business on the Property is an independently owned and operated local business. If the business is an independently owned and operated franchise and other franchise locations associated with the brand exist, such locations shall only be located within the municipal boundaries of the City; g. The Property is located in the Redevelopment Area; and h. In accordance with the Policy, the Applicant has not received more than $75,000.00 in CRA grant funding within the preceding 12 -month rolling year and will not exceed this threshold by obtaining grant funding under this Agreement. III. AGENCY RESPONSIBILITIES 1. Grant Funding. The Agency shall reimburse the Applicant for the Project's eligible costs up to a base amount of forty-five thousand dollars and zero cents ($45,000.00) plus all Y or a part of the Applicant's Monetary Contribution of thirty thousand dollars and zero cents ($30,000.00) based on the amount of Hours completed or Legacy Credit provided pursuant to Section II. for a total potential grant award not to exceed seventy-five thousand dollars and zero cents ($75,000.00) (collectively the "Grant Funds"). The Grant Funds shall be payable within thirty (30) days of receipt of a fully completed reimbursement request after the issuance of a Finding of Project Completion by the Agency assuming the Applicant has also complied with Section II of this Agreement where applicable. 2. Upon agreement between the Agency and the Applicant, the Agency may provide the Grant Funds directly to any approved licensed contractor or vendor in lieu of providing the Grant Funds to the Applicant. Notwithstanding Paragraph 1 of this section, The Agency's director (the "Director") may allow earlier draw requests of the Grant Funds to approved licensed contractors or vendors in accordance with the Policy. However, the Grant Funds disbursed to a contractor or vendor shall not be disbursed more frequently than once every thirty (30) days. The Parties understand and agree that nothing in this Agreement creates any contractual relationship between the Agency and any contractor or vendor and the City shall not be liable for any monies owed to any contractor or vendor. The ability of the Agency to pay the contractor or vendor directly is only for the sake of convenience to the Applicant and the Applicant remains exclusively liable for any funds owed to the contractor. 3. If the Director determines that the Project does not meet the requirements of this Agreement or the Policy, then the Parties agree that the Agency shall not owe any monies to the Applicant for the requested reimbursement, the Applicant shall have no recourse against the Agency, and the Director's decision shall be final without any means of appeal. IV. APPLICANT DEFAULT 3 1. Failure to Timely Complete the Project. If the Applicant fails to obtain a Finding of Project Completion within three hundred and sixty-five (365) days of the date of application approval, then the Parties agree that the Applicant shall be in default under this Agreement without notice or opportunity to cure the default. An extension to this timeframe may be granted by the Director for good cause if the Applicant submits a written request for such an extension before the expiration of the three hundred and sixty-five (365) day period. 2. Other Events of Default. In addition to the foregoing event of default, the occurrence of any one or more of the following events shall also constitute an event of default by the Applicant: A. The Applicant makes a general assignment for the benefit of its creditors, or admits in writing its inability to pay its debts as they become due or files a petition in bankruptcy, or is adjudicated a bankrupt or insolvent, or files a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or files an answer admitting, or fails reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or seeks or consents to or acquiesce in the appointment of any trustee, receiver or liquidator of the Applicant or any material part of such entity's properties; B. Within sixty (60) days after the commencement of any proceeding by or against the Applicant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Applicant or any trustee, receiver or liquidator of any such entities or of any material part of any such entity's properties, such appointment shall not have been vacated; or C. A breach by the Applicant of any other term, condition, requirement, or warranty of this Agreement or the Policy. 3. Agency's Remedy Upon Certain Applicant Default. In the event of default and if the Applicant has failed to cure the default within the allotted time prescribed under Section IV, Paragraph 4 (if applicable), 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 any remaining amounts of the Grant Funds to the Applicant; and c) that if the Agency has tendered any of the Grant Funds to the Applicant, the Agency shall be entitled to the return of all the Grant Funds plus default interest at a rate of ten percent (10%) starting from the date of default. The remedial provisions shall survive the termination of this Agreement. 4. Notice of Default and Opportunity to Cure. The Agency shall provide written notice of a default under Section IV, Paragraph 2 of this Agreement and provide the Applicant thirty (30) days from the date the notice is sent to cure such a default. This notice will be deemed received when sent by first class mail to the Applicant's notice address or when delivered to the Applicant if sent by a different means. 4 V. MISCELLANEOUS 1. Notices. All notices, demands, requests for approvals, or other communications given by either party to another shall be in writing, and shall be sent to the office for each party indicated below and addressed as follows: To the Applicant: Big Jim's & Family Barbeque LLC 1303 N Martin Luther King Jr Ave Clearwater, FL 33755 ATTN: Yvette Pendleton 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: Clearwater City Attorney's Office 2. Unavoidable Delay. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in this section as an event of "Unavoidable Delay" shall be excused in the manner provided in this section. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, building moratoria, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the Agency shall not constitute an Unavoidable Delay with respect to performance by the Agency). An application by any party hereto for an extension of time pursuant to this section must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within thirty (30) days following the occurrence of the event or condition causing the Unavoidable Delay or thirty (30) days following the party becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. The party shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such 5 Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. In the event the party is the Applicant then the Director is authorized to grant an extension of time for an Unavoidable Delay for a period of up to six (6) months. Any further requests for extensions of time from the Applicant under this section must be agreed to and approved by the Agency's Board of Trustees. 3. Indemnification. The Applicant agrees to assume all inherent risks of this Agreement and all liability therefore, and shall defend, indemnify, and hold harmless the Agency and the City of Clearwater, Florida, a Florida municipal corporation ("the City"), and the Agency's and the City's officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the Agency, the City, or the Agency's or the City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Applicant's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Applicant whether or not based on negligence. Nothing herein shall be construed as consent by the Agency or the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes, or the Doctrine of Sovereign Immunity. 4. Assignability; Complete Agreement. This Agreement is non -assignable by either party and constitutes the entire Agreement between the Applicant and the Agency and all prior or contemporaneous oral and written agreements or representations of any nature with reference to the subject of this Agreement are canceled and superseded by the provisions of this Agreement. 5. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. This Agreement has been negotiated by the Agency and the Applicant, and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the Applicant, but by all equally. 6. Severability. Should any section or part of 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 part of this Agreement. 7. Amendments. This Agreement cannot be changed or revised except by written amendment signed by the Parties. 8. Jurisdiction and Venue. For purposes of any suit, action or other proceeding arising out of or relating to this Agreement, the Parties 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 6 Court for the Middle District of Florida, for the purposes of any suit, action or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. If, at any time during the term of this Agreement, the Applicant is not a resident of the State of Florida or has no office, employee, agency, registered agent or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Applicant hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action 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 the Applicant at the address for notices as provided in Section V, Paragraph 1. 9. Termination. If not earlier terminated as provided in this Agreement, this Agreement shall expire and shall no longer be of any force and effect three hundred and sixty-five (365) days from the anniversary of the date of application approval. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first above written. Approved as to form: Matthew J. Mytych, Esq. CRA Attorney Date: l )../1,/A' (CRA SIGNATURE PAGE) COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida. By: Bruce Recto Chairman Date: Attest: / (z-0 tv7 7 Rosemarie Call City Date: ����vEL 0 PQM //i C er � ° �, }G, CORPOR4 o0= (APPLICANT SIGNATURE PAGE) Big Jim's & Family Barbeque LLC, a Florida limited liability company. By: Print Title: Date: ,Ovid 147001ralP IF STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me by means physical presence or ❑ online notarization, this 05 day of DECe nea2- , 2024 by ` .IETTE kboDLe1 , as mug_ of $►U v«nfAm►ul p uitYho ❑ is/are personally known to me or 'who has/have produced a driver's license as identification. (NOTARIAL SEAL) os""_ Julia C. Baltas j.Comm.: HH 601100 res: Oct 7, 2028 ,,,,' , Notary p - State of Florida 8 Noary Public, State of Florida Name of Notary: 70-4RCS My Commission Expires: to/al iaos My Commission No.: 1+4Go►►o0 EXHIBIT "A" LEGAL DESCRIPTION 9 Lots 34, 35 and 36, Block 0, of CREBACCO PARC, Win 113, according to the plat thereof, as recorded in Plat Bock 8, Page 16, %blic Records of Pinellas Ginty, Florida. EXHIBIT "B" COMMERCIAL GRANT PROGRAM POLICY 10 COMMERCIAL GRANT PROGRAM APPLICATION FORM City of Clearwater Community Redevelopment Agency North Greenwood Community Redevelopment Area TABLE OF CONTENTS SECTION 1 — PROGRAM OVERVIEW SECTION 2 — PURPOSE AND INTENT SECTION 3 — AVAILABLE ASSISTANCE SECTION 4 — ELIGIBLE PROPERTY AND APPLICANT SECTION 5 — ELIGIBLE IMPROVEMENTS SECTION 6 — REQUIREMENTSS, REVIEW & APPROVAL PROCESS SECTION 7 — DISBURSEMENT POLICY AND PROCEDURE SECTION 8 — GRANT EXPIRATION SECTION 9 — ALTERATIONS AND MAINTENANCE SECTION 10 — COMPLIANCE WITH THE CITY OF CLEARWATER ETHICS CODE SECTION 11 — APPLICATION SECTION 12 — ELIGIBLE CRA AREA MAP SECTION 13 — ATTACHMENT A — PROJECT BUDGET 2 2 3 4 5 6 7 8 8 8 9 12 13 Commercial Orant Program & Application Form Approved by the CRA Trustees on July 15, 2024 1 COMMERCIAL GRANT PROGRAM The Program provides a grant up to $75,000. SECTION 1 — PROGRAM OVERVIEW The Commercial Grant Program (Program) is designed to promote reinvestment in business development and incentivize commercial property owners and business owners located within the North Greenwood Community Redevelopment Area (NGCRA) to make building, structural, and site improvements to their property. In addition, the Program will aid to create a positive visual impact on the image and character of the community. The Program aims to strengthen local businesses — improving their competitiveness, productivity, capacity, job creation abilities — and promotes a business -friendly atmosphere. SECTION 2 — PURPOSE AND INTENT The purpose of the Program is to support the implementation of the adopted Community Redevelopment Area Plan (Plan) for the North Greenwood Community Redevelopment Area in accordance with the Florida Community Redevelopment Act of 1969. Sections 163.330, et seq., Florida Statutes, by: 1) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan (Sections 163.370(2)(c)(5), Florida Statutes). 2) All plan recommendations must be implemented in, or benefit residents and businesses located in this defined area (NGCRA boundary) (Plan Section 2.5, Establishment of CRA Boundaries, page 9). 3) Encourage commercial or mixed-use development along North Martin Luther King Jr. Avenue (Plan Section 2.6, Public Engagement and Outreach, page 85). 4) Encourage commercial development along Pinellas Trail (Plan Section 2.6, Public Engagement and Outreach, page 85). 5) Increase access to high paying jobs for the residents of the North Greenwood CRA both within and outside of the area through workforce development, business assistance programs, and support for entrepreneurs (Plan Section 3.2 Goals & Objectives, Goal 3 Poverty Reduction, page 93). (NGCRA funds are only applicable within the NGCRA boundary.) 6) Develop a grant program to fund improvements to commercial buildings, to establish new businesses, and reduce blight in the North Martin Luther King, Jr. Avenue commercial corridor (Plan Section 4.5, Plan Implementation, Table 15, Goal 3 Policy Implementation: Poverty Reduction, page 138). 7) Creating value for the North Greenwood Community Redevelopment Area by (themes stressed throughout the Plan): a. Promoting a business, consumer, family and resident friendly atmosphere; b. Creating more dining, retail, and entertainment opportunities; c. Creating additional employment opportunities; 2 d. Promoting infill and adaptive reuse of properties; e. Incentivizing property owners to enhance the value of their respective property; f. Encouraging private investment in the improvement of commercial properties; g. Reducing vacancies in commercial buildings; and h. Increasing the functionality of existing buildings. It is the intent of this Program to attract or improve the following types of businesses to the CRA (not limited to the following): • Retail; • Restaurants and food services (e.g., full-service sit-down restaurants, fast food restaurants, buffet or cafeteria restaurants, coffeehouse/shops with food component, cafes, bistros, delicatessens, bakeries, grocery stores, etc.); • Micro -brewery; • Personal services (e.g., barber, salons, beauty shops, tailors, childcare, etc.); • Art studios and galleries; • Co -working space; and • Professional offices. In addition, it is the intent of this Program to incentivize improvements to the area that go beyond what is required by the City's development codes to enhance the form, function, and design quality of the redevelopment area. It is not the intent of the CRA to engage in any rehabilitation activity that requires vacating property or displacing any business establishments or residents from property. Moreover, it is not the intent of this Program to assist in the development of new construction projects on vacant land. Rather, it is to rehabilitate and enhance area commercial structures exhibiting deterioration and decline. SECTION 3 — AVAILABLE ASSISTANCE The Program provides a grant up to $75,000 to assist applicants with improvements to commercial properties. To qualify for Program grant funds, the Applicant must match the grant amount by the percentage amount listed in Table 1 below, or greater investment, of private funds or other verifiable grant funds for the rehabilitation and restoration of a qualifying commercial property located within the NGCRA. The grant is a reimbursement grant to the Applicant, unless otherwise approved by the CRA Director to pay an approved licensed contractor/vendor directly, no more than one payment within a 30 -day period. Legacy Credit: Applicants may qualify for a "Legacy Credit" which rewards long-term business owners located within the NGCRA. The credit works alongside the grant. The credit can reduce the match all the way down to zero. The Applicant will match the grant amount by the percentages listed below (must provide proof of matching funds prior to grant approval): Match Responsibilit Years of Business Ownership at Property Match Responsibility % Less than 5 (no Legacy Credit) 40% 5 30% 10 20% 15 10% 20 or more 0% 3 Community Service Credit: In addition, up to 50% of Applicant's match may be waived at the rate of one hour of community service per $300 of approved grant amount. (Community Service must be performed by Applicant within the NGCRA boundary and through a tax- exempt not-for-profit organization recognized by the CRA or City of Clearwater. Community service must be performed without pay or compensation from the organization, and service must be performed in full hour increments rounding up to the nearest whole hour. Scope of community service must be pre -approved by the CRA Director, prior to commencement. In addition, said community service must be performed prior to release of grant funds.) SECTION 4 — ELIGIBLE PROPERTY AND APPLICANT To be eligible for the Program, the Applicant must meet all the following qualifications: • Must be the owner* of the subject property. • The business must be an allowable use on the subject property in accordance with the City's Land and Building Development Regulations/Codes. • Must be current in all property taxes and City of Clearwater (City) business fees. • Must be in good standing with the city (no outstanding code enforcement or building code violations). This requirement may be waived by the CRA Director if the work proposed under this application will remediate all code violations. • Property must be free of code enforcement liens or other City liens. • The business or new proposed business on the property must be an independently owned and operated local business. • If the business is an independently owned and operated franchise, other franchise locations associated with the same brand must ONLY be located within the municipal boundary of the city. o The proposed business on the property must make independent decisions regarding its name, signage, brand, appearance, purchasing practices, hiring, and distribution, and must be solely responsible for paying its own mortgage, rent, marketing, and other business expenses without assistance from a corporate headquarters outside of the City limits. *The owner of the Property (Owner) shall be the Applicant, unless the Owner authorizes a business owner occupying the property by a valid lease to undertake improvements on the property. Owner means a holder of any legal or equitable estate in the premises, whether alone or jointly with others and whether in possession or not shall include all individuals, associations, partnerships, corporations, limited liability companies and others who have interest in a structure and any who are in possession or control thereof as agent of the owner, as executor, administrator, trustee, or guardian of the estate of the owner. No Owner shall receive more than $75,000 in total CRA grant value across all CRA grant programs within a 12 -month rolling year. For the purposes of this application, the total CRA grant value that an Owner has received over such period shall be the combined value, in the 12 month period immediately preceding the submission of an application for this program, of: (1) the amount of CRA grant funds that the applicant has received; (2) the amount of CRA grant funds that any holder of legal title in the subject property other than the applicant has received; and (3) if a business entity holds legal title in the subject property, the total amount of CRA grant funds received by any directors, members, partners, shareholders, any others with an ownership interest in such entity, and any others able to exert managerial control over or direct the affairs of said entity. 4 SECTION 5 — ELIGIBLE IMPROVEMENTS The following improvements or related items may be eligible for Program assistance: Interior Improvements: 1) Electrical/plumbing upgrades and utility connections; 2) Grease traps/interceptors; 3) Venting, HVAC, mechanical systems, and water heaters; 4) Sprinkler/fire suppression systems, firewalls, life safety improvements; 5) Certain fixed solid waste and recycling management systems; 6) American with Disabilities Act (ADA) systems; 7) Internal structural stabilization systems (e.g., repair and replacement of load bearing walls, columns, beams/girders, joist, etc.); 8) Interior walls (including drywall), ceilings, floors, doors, and molding; 9) Interior paint; 10) Wall insulation; 11) Certain permanent bathroom and kitchen counter tops, cabinets, sinks; 12) Interior historical restoration; or 13) Other permanent improvements may be submitted for consideration but must demonstrate that the improvement meets the intent of this grant program. Exterior Improvements: 1) The repair of exterior walls; 2) Roof repairs or replacement, including facia board, soffits, and gutters; 3) *Decorative fencing; 4) Exterior repainting; 5) Exterior windows and/or doors; 6) Exterior signage; 7) Awnings or canopies over windows or walkways, including shutters, seating areas; 8) The installation, repair, or renovation of porches, patios, plazas; 9) The installation, repair, or renovation of pathways and sidewalks; 10) The installation of decorative lighting, and security lighting; 11) Parking area and driveway improvements; 12) Stormwater drainage improvements for properties with a history of flooding; 13) Bicycle racks, shade areas, benches, or other pedestrian amenities; 14) Certain Crime Prevention Through Environmental Design (CPTED) improvements approved by the Police Department; 15) ADA accessibility improvements; 16) The removal of deteriorated or undesirable exterior alterations; 17) The installation of landscaping and irrigation systems, not to exceed twenty percent (20%) of the total grant amount; or 18) Other permanent improvements may be submitted for consideration but must demonstrate that the improvement meets the intent of this grant program. *Chain link fencing, with or without slats, wooden stockade, board on board, and wooden picket fencing are not eligible for the Program. Other Eligible Items: 1) Predevelopment Cost (architecture, engineering fees, other as approved by CRA Director) up to $5,000. 5 The following are ineligible for assistance: 1) Past site or building improvements that were completed six months prior to the approval of this application or completed under unrelated permits to the project permit issued by the city for improvements identified under this application. a. Only improvements listed in the itemized budget submitted as part of this application will be considered for approval. 2) Improvements covered under the City's Facade Improvement Grant Program; 3) Non -permanent improvements such as, but not limited to, kitchen appliances (e.g., stoves, refrigerators, dishwashers, etc.), carpet, furniture, and window blinds; 4) Bars, clubs, and taverns (as defined by the City's Land Development Code); 5) Assistance to businesses located in residential homes. 6) Repairs to unsafe or substandard structures that cannot be made safe for tenant occupancy with Program funds. 7) Repairs covered by insurance. 8) Non -permanent improvements. 9) Installation of window or door security bars. 10) Refinancing existing debts, business operational cost, payroll, etc. 11) Mobile Vendors. 12) Not-for-profit entities. SECTION 6 — REQUIREMENTS, REVIEW & APPROVAL PROCESS 1) All statements and representations made in the application must be correct in all material respects when made. 2) Tier 1 — for grant funding request up to $30,000 — completed applications that meet all the Program requirements will be reviewed by the CRA Director. The CRA Director will approve or deny applications based on the criteria set forth in this document. 3) Tier 2 — for grant funding request that exceed $30,000 — once the application is determined to be complete by staff, the application will be scheduled, at the next available Community Redevelopment Agency Trustees (CRA Trustees) meeting for consideration. The CRA Trustees may approve, approve with conditions, or deny the application. 4) Applicants must schedule an appointment with the Community Redevelopment Agency Department staff prior to applying. The Community Redevelopment Agency Department (Department) is located at 600 Cleveland Street, Suite 600, Clearwater, Florida 33755. To schedule an appointment, contact staff at 727-562-4039. Applications will be received on an ongoing basis. 5) If applicable, fully executed, and notarized copy of the Owners' Affidavit form, including property description and property address. If the forms are prepared and signed by a representative of the Owner, a legal Power -of -Attorney document must be submitted with the application. 6) Applicants must submit, as part of the application, design plans and floorplan accurately delineating the square footage of the improvement area within the commercial structure. 6 7) Digital photographs of the existing structure, interior and exterior, must be provided with application. 8) An estimated itemized/detailed budget must be provided on the budget form in the application. 9) Work required to be performed by licensed contractors. Applicant must provide, as attachments, three quotes from contractors and copies of their licenses. Quotes to include complete description of materials to be used. • If work is performed by non -licensed workers, then only materials purchased will be eligible for grant funds, unless the work performed was required to be performed by a licensed individual per City codes. 10) Portions of the project costs not funded by the requested grant must be provided by Owner funding. Owner funding may consist of bank loans, lines of credit, grants, and owned assets (Owner Equity), etc. 11) Owner must demonstrate their source of the Owner Funding and their ability to meet the financial obligations of the Program. 12) Proceeds from other City -managed financial assistance programs may be used as Owner Equity to satisfy the Owner Funding requirements of this Program and may be used to assist with funding of remaining portion of larger improvement project. Grant funds cannot be used as Owner Equity to satisfy the Owner Funding requirements of other City -managed financial assistance programs. 13) Staff will review the application for completeness, which includes all required attachments and requested data. A post -application submittal conference will be held with the Applicant to discuss any issues or deficiencies with the application. 14) Incomplete applications will not be considered submitted until all required documentation has been submitted to Community Redevelopment Agency Department staff. Submittal of an application does not guarantee a grant award. 15) The Applicant will be required to obtain quotes/estimates from licensed contractors/design professionals for eligible improvements and submit said quotes/estimates as part of the grant application submission. 16) All construction/design contracts will be between the Applicant and the contractor or design professional. SECTION 7 — DISBURSEMENT POLICY AND PROCEDURE Grant funds will, unless otherwise approved by the CRA Director to allow initial project deposits or other necessary draws, up to fifty percent of the grant amount, to be paid directly to a City/CRA approved licensed contractor/vendor, be disbursed upon a "Finding of Project Completion" by CRA Director. A "Finding of Project Completion" will be granted when the following criteria are met: 7 1) Applicant must demonstrate their ability to meet the financial match/obligations of the Program and any required community service has been completed by qualifying applicants. 2) Requests for disbursement of project costs will be viewed as a single, completed package, unless prior disbursement of funds arrangements have been made to pay licensed contractors directly (no more than one payment within a 30 -day period). Costs not included in the approved application budget will not be considered for disbursement. 3) Required documentation for disbursement of project costs must include: a) Copies of cancelled checks, certified checks or money orders of project costs, or credit card statements of project cost; b) Detailed invoices and paid receipts signed, dated, and marked "paid in full;" c) Name, address, telephone number of design professional(s), general contractor, etc.; d) Photographs of the project (before and after photos). 4) The Applicant must have obtained all necessary/required permits (e.g. zoning and building), passed all required inspections, and prior to final disbursement of funds received (if relevant) notice, in the form of a Certificate of Occupancy or Certificate of Completion for the project demonstrating the legal occupancy of the project area. Any work performed without a permit that required a permit will not be eligible for grant funding. 5) The CRA disburses funds to grant recipients within 30 days of fully completed reimbursement request. SECTION 8 — GRANT EXPIRATION Applicants must receive a "Finding of Project Completion" within 365 calendar days from the date of application approval. After the said 365 days, the grant will expire. An extension for the grant funds may be granted by the CRA Director for a good cause. It is the responsibility of the Applicant to request an extension of the grant approval before the expiration date. SECTION 9 — ALTERATIONS AND MAINTENANCE The improvements will be maintained in accordance with City policies, codes and any other applicable requirements identified by the City, CRA, or other agencies for a period not less than three years, or upon written approval by CRA Director. SECTION 10 — COMPLIANCE WITH THE CITY OF CLEARWATER ETHICS CODE The applicant will comply with all applicable City rules and regulations including the City's Ethics Codes. Moreover, each applicant to the Program acknowledges and understands that the City's Ethics Code prohibit City employees from receiving any benefit, direct or indirect, from any contract or obligation entered with the City. 8 Case Number: SECTION 11 — APPLICATION COMMERCIAL GRANT PROGRAM 1) Applicant (Property Owner) Entity Name (if any): Full Legal Name and Title (if any): Mailing Address: City/State/Zip: Phone Number: E-mail Address: Web Site (if available): 2) Authorized Agent (If applicable) Entity Name (if any): Full Legal Name and Title (if any): Mailing Address: City/State/Zip: Phone Number: E-mail Address: 3) Subject Property/Location of Proposed Project Address commonly known as: Parcel Identification Number(s) or Folio Number(s): Property is designated as a Local Landmark: Yes No 4) Project description, scope of work to be performed, sketch plans and specifications detailing the scope of work (provide attachment if needed). Applicant understands that depending on the project, certain City Departments may require additional documentation, plans, etc. to properly review and approve the proposed project described in this application. 9 5) Describe existing uses and conditions on the property (include photographs as attachments): 6) Financial Disclosure Amount of Grant Requested: $ Project Budget - Sources/Uses of Funds (complete Attachment A: Project Budget) Owner Equity; $ Other Funds: $ Grant Request: $ Total Project Funding: $ My Property Is up to date with taxes, fees, and complies with City codes and regulations: Yeses No If the Applicant has received loan or grant assistance from a city -managed financial assistance program for a project at this address, please specify the program(s) and the loan/grant amount(s). 1. $ 2. $ PLEASE NOTE: Grants are awarded on a first come, first qualified basis until funds have been depleted. I UNDERSTAND THAT IN ORDER FOR MY REQUEST FOR GRANT FUNDING TO BE APPROVED, I MUST AGREE TO THE FOLLOWING CONDITIONS: 1) To adhere to the application procedures and guidelines as specified. 2) That additional improvements or changes not approved in the original grant application will not be funded by the CRA. 3) That disbursement of grant funds will only occur after: 10 a) All improvements have been completed or as otherwise approved by the CRA Director; b) Inspections of the improvements are approved by the appropriate City Officials or other required authorities, if any; and c) Proof of payment, as described in this document, for project costs approved in the grant application. I ACKNOWLEDGE THAT I HAVE RECEIVED AND UNDERSTAND THE GRANT GUIDELINES HEREIN ABOVE STATED. IN ADDITION, BY EXECUTING THIS APPLICATION, I ACKNOWLEDGE THAT I AM LAWFULLY AUTHORIZED TO EXECUTE THIS APPLICATION. Entity Name (if any) Applicant Signature Printed Name and Title (if any) Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (title if applicable) of (Entity name if any) , who [ ] is personally known to me or [ ] has produced identification. Type of identification produced: My commission expires: (Notary Seal) Notary Public Signature Notary Public Print Name Mail or hand deliver completed application form to: Community Redevelopment Agency City of Clearwater / 600 Cleveland Street, Suite 600 / Clearwater, FL 33755 For question call the Community Redevelopment Department at 727-562-4039 11 SECTION 12 — ELIGIBLE CRA AREA MAP NORTH GREENWOOD COMMUNITY REDEVELOPMENT AREA .tapered ee D.a.nnrnt d Paler Nbl.. - EsPneesem GecpeplC Teel.nol>y7 Dt.Is:. aro! *Mk a... ae...et.97791 Pr.. 1777j504T5p, e,e n77147€4T rem MyClee .e.eer rem North Greenwood CRA Boundary Area not in Clearwater Jurisdiction Map Gen By: KF Reviewed By: ES Aerial Flown 2023 Date: 1040/2023 Page: 1 of 1 Scale.N.T,S. Doee..rci Pelt CWwnYkkW.R/fCHe olCgitre140EfQYvwlp Gegtelogs'-Do wrorI NEN9rRA30wnae44111d DmfoWe• CRAAneeearil end One l re CRA as 12 SECTION 13 — ATTACHMENT A — PROJECT BUDGET Attachment A - Project Budget Form (Attach contractor/vendor estimates/quotes for consistency verification of items listed below. Contactor/vendor estimates/quotes improvement item descriptions and cost will supersede if improvement item descriptions and cost are listed different below. If more project budget form lines are need, Applicant may duplicate budget template below on separate sheet. If new Project Budget Form is created, write "See Attached" in Line No. 1 below. For Applicant Use For staff use only Line(Including Item No. Improvement(s) Item Description construction materials, labor, permitting, other fees, etc.) Improvements) Cost Amount Line Item Eligible for Grant Consideration Yes/No Cost Amount Eligible for Grant (%) 1 $ $ 2 $ $ 3 $ $ 4 $ $ 5 $ $ 6 $ $ 7 $ $ 8 $ $ 9 $ $ 10 $ $ 11 $ $ 12 $ $ 13 $ $ 14 $ $ 15 $ $ 16 Architecture and Engineering fees $ $ 17 $ $ Total Improvement(s) Cost Amount $ Total Cost Amount Eligible for Grant Consideration $ Authorized Signature: Date: 13 EXHIBIT "C" GRANT APPLICATION AND PLAN SPECIFICATIONS 11 Case Number: .4G -C_ 2�. 02- SECTION 11— APPLICATION COMMERCIAL GRANT PROGRAM 1) Applicant (Property Owner) Entity Name (if any): B IG JIM'S & FAMILY BARBEQUE LLC Full Legal Name and Title (if any):YVETTE PENDLETON, MGR Mailing Address:1303 N MARTIN LUTHER KING JR AVE City/State/Zip:CLEARWATER, FL 33755 Phone Number:727_251-5876 E-mail Address: yvette2470@gmail.com Web Site (if available): 2) Authorized Agent (If applicable) Entity Name (if any): Full Legal Name and Title (if any):YVETTE PENDLETON, MGR Mailing Address:1303 N MARTIN LUTHER KING JR AVE City/State/Zip:CLEARWATER, FL 33755 Phone Number:727_251-5876 E-mail Address:yvette2470@gmail.com 3) Subject Property/Location of Proposed Project Address commonly known as:1303 N MARTIN LUTHER KING JR AVE CLEARWATER, FL 33755 Parcel Identification Number(s) or Folio Number(s):10-29-15-33552-004-0340 Property is designated as a Local Landmark: Yes No x _ 4) Project description, scope of work to be performed, sketch plans and specifications detailing the scope of work (provide attachment if needed). Applicant understands that depending on the project, certain City Departments may require additional documentation, plans, etc. to properly review and approve the proposed project described in this application. r ,SPrANku-€` _ 4SZe eli ‘N'tEeao2 �mP�'�`�'`� � P wnn�inxa vwcx�oES , PRuscMt � AC, , fl2E ej -ei Zce , CUCYZANG ¥a,1Lrk(j3 ,i S) Sto¢,rt(n , ttnprcp rrlEisYS sr40rz . , n4,a.4+\a QboF AFh2k.ltai Lor , W ,r000ti OEMS, O tit t i' Xi 9 • • 5) Describe existing uses and conditions on the property (include photographs as attachments): The structure requires both interior and exterior renovations to enhance its appearance and functionality, creating a revitalized and inviting space. 6) Financial Disclosure Amount of Grant Requested: $75,000 Project Budget — Sources/Uses of Funds (complete Attachment A: Project Budget) Owner Equity: $ Other Funds. $ Grant Request: $ Total Project Funding: $ My Property Is up to date with taxes, fees, and complies with City codes and regulations: Yes ✓ No If the Applicant has received loan or grant assistance from a city -managed financial assistance program for a project at this address, please specify the program(s) and the loan/grant amount(s). 1. $ 2. $ PLEASE NOTE: Grants are awarded on a first come, first qualified basis until funds have been depleted. I UNDERSTAND THAT IN ORDER FOR MY REQUEST FOR GRANT FUNDING TO BE APPROVED, I MUST AGREE TO THE FOLLOWING CONDITIONS: 1) To adhere to the application procedures and guidelines as specified. 2) That additional improvements or changes not approved in the original grant application will not be funded by the CRA. 3) That disbursement of grant funds will only occur after: 10 • • a) All improvements have been completed or as otherwise approved by the CRA Director; b) Inspections of the improvements are approved by the appropriate City Officials or other required authorities, if any; and c) Proof of payment, as described in this document, for project costs approved in the grant application. I ACKNOWLEDGE THAT I HAVE RECEIVED AND UNDERSTAND THE GRANT GUIDELINES HEREIN ABOVE STATED. IN ADDITION, BY EXECUTING THIS APPLICATION, I ACKNOWLEDGE THAT I AM LAWFULLY AUTHORIZED TO EXECUTE THIS APPLICATION. BIG JIM'S & FAMILY BARBEQUE LLC Entity Name A plicant Si. ature 0) Date STATE OF 'FLORIDA YVETTE PENDLETON, MGR Printed Name and Title (if any) COUNTY OF PtNELLAS The foregoing instrument was acknowledged before me this 115 day of N{ovam+3Ei2, 202-4 , by 'NA/GI-re k4D1- TO•s , as (title if applicable) WIC - of (Entity name if any) gla•ii SkRISEQue u -C , who [ personally known to me or [as produced identification. Type of identification produced: A-- My I- My commission expires: (Notary Seal) Nota , Public Signature Notary Public Print Name AS ] is ,,,'r: Julia C. Baltas fir .; Comm.: HH 601100 xpires: Oct. 7, 2028 9,,''; NOON Pubic State of Florida Mail or hand deliver completed application form to: Community Redevelopment Agency City of Clearwater/600 Cleveland Street, Suite 600 / Clearwater, FL 33755 For question call the Community Redevelopment Department at 7275624039 11 SECTION 12 - ELIGIBLE CRA AREA MAP NORTH GREENWOOD COMMUNITY REDEVELOPMENT AREA =oap«aa yr C.o.a tic Wain. - 9.sn.adne Geae�ati'Iuu Tt<4.na100 1:1.15b. SRS *ale An.. Qmvw..fi 93756 Pt. 1777SNT-759, Pia 0771479-470 .,n. 111.,tawsnwalorrani North Greenwood CRA Boundary Area not in Clearwater Jurisdiction Map Gen By: KF Reviewed By: ES Aerial Fkrwn 2023 Date: 1012012023 Pape: 1 of 1 W e Scale,N,T.S. Oocwwl Path CWWwLAAraP cnt 01Ct.ww2110E10,0,70 O+apapak Tvonalo9y -Cees NatWSJCPNG.wiw.aa arADamlo-.n CRSM3ra... Al et./ 0.,-4.11CRA aFe 12 Exhibit "E" NO COERCION FOR LABOR OR SERVICES ATTESTATION Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. I. vi 1Z eh )j 44/ ("does not use coercion for labor or services as defined in Section 787.06, F S. Under penalty of perjury, I de - i at in it are true and correct. Signature: Printed Name Title: Date: /LA I have read the foregoing statement and that the facts stated IA,L) 12