DOWNTOWN COMMERCIAL GRANT AGREEMENT DTC-C-24-03DOWNTOWN COMMERCIAL GRANT AGREEMENT
DTC -C-24-03
This Downtown Commercial Grant Agreement (.this "Agreement"). is made as of,
` bN Lt 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"), and
Tatlici Food Inc., a Florida Corporation (the "Applicant") (collectively the Agency and
Applicant are the "Parties").
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
redevelopmentplan and for expenses that are necessary to exercise the powers granted to
a community redevelopment agency under § 163.370, Florida Statutes; and
WHEREAS, § 163.370(2)(a), Florida Statutes provides that one such power is the.
ability to make and execute contracts and other instruments necessary or convenient to the
exercise of a community redevelopment agency's exercise of its power under the Act; and
WHEREAS, another such power is found in § 163.370(2)(c), Florida Statutes which
provides that a communityredevetopment agency may undertake and carry out community
redevelopment and related activities within the community redevelopment area; and
WHEREAS, Objective 1E of the Clearwater Community Redevelopment Area Plan
(the "Plan') provides that Cleveland Street is Downtown Clearwater's (the "Downtown's")
main street and valued for its historic character and pedestrian scale; and.
WHEREAS, Objective 1D of the Plan provides that the Agency will encourage a
variety of office -intensive businesses, including finance and insurance, IT/software,
professional services and medical to relocate an. d expand in Downtown to provide a stable
employment center; and
WHEREAS, Objective 3G of the Plan provides that the Agency will create and
activate space to work as a signature destination, including civic plazas, markets and retail
gathering places that promote economic growth for Downtown; and
WHEREAS, Objective 4A of the Plan provides that the Agency will encourage
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redevelopment that contains..a variety of building forms and style.
WHEREAS, Objective 4D of the Plan provides that the Agency will encourage
renovation, restoration, and reuse of existing historic structures to maintain the character of
the Downtown's neighborhood; and
WHEREAS, on August 12, 2024, the Agency's Board of Trustees approved the
Downtown Commercial Grant Program (the "Program") with the goals of reducing blight and
activate, commercial spaceswith uses that aspire to generate creative and innovative
gathering spaces, walkable • pedestrian thoroughfares, and increased overall activity. This
:Program can also helpa business.or developer "close the gap" in their financial ability to
meet the goals of the Agency's Area Plan; and
WHEREAS, the Agency has approved the Applicant's grant application for
$58,021.81 in financial assistant under the Program to provide improvement assistance to
the property located at 530 Cleveland Street, Clearwater, FL 33755 (the "Property"). The
grant is intended to provide retro pay for essential restaurant equipment, building
renovations, and future expenses for a new HVAC with installation (the '`Project") as further
detailed in the Applicant's .grant application and Project description; and
WHEREAS, the Plan also states that the: City of Clearwater ("the City") shall
encourage a vibrant and active public realm, recreation and entertainment opportunities and
support the community and neighborhoods; and
WHEREAS, the Applicant intends to make improvements to the Property in the
Downtown area for commercial use; and
WHEREAS, the Agencyfinds that providing financial assistance for redevelopment
of blighted property is a permissible expenditure under the Agency's approved budget and
the Act; and
WHEREAS, the Agency finds. that the Property currently sits in a blighted state of
existence; 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:
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 grants for redevelopment, rehabilitation, and
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enhance area commercial •structures exhibiting deterioration and, decline in substantial
compliance with the Application, all to incentivize improvements to the area, and improve.
the aesthetic and useful enjoyment of the Downtown through the eradication of:conditions
of blight, all in accordance with and in furtherance of the Plan and as authorized by and
in accordance with the Act.
11. APPLICANT WARRANTIES AND RESPONSIBILITIES
1. Development of the Project The Applicant shall complete the Project in
substantial compliance with the Program and the Application. The. Applicant must receive
a "Certificate of Occupancy or Certificate of Completion" within three hundred sixty five
(365) calendar days from the date of the executed grant. agreement. After the said three.
hundred sixty five (365) days, thegrant will expire. An extension for the grant funds may
be granted by the Director for a good cause_ It is the responsibility of the Applicant to
request an extension of the grant approval before the expiration .date.
2. Applicant's Prpject Contribution. As.a condition of receiving reimbursement grant
fundingfrom the Agency, the Applicant shall provide required documentation for
disbursement as stated in the grant program guidelines under Section 7, The Applicant
shall contribute thirty-one thousand, two hundred forty-two dollars and fifty-one cents
($31,242.51) in 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 Director may allow :initial project deposits or other necessary draws, up to
fifty percent (50%) of the grant amount, to, be paid directly to a City/CRA approved
licensed contractor/vendor.
3. Warranties of the Applicant The Applicant warrants thatall the following.
qualifications havebeen met
a. The Applicant is the property owner or commercial/business tenant.
b. The business mustbe an allowable use on the subject property in accordance with
the City's Land and. Building Development Regulations/Codes.
c. Must be current in all property taxes and City business fees
d. Mustbe in good standing with the city (no outstanding code enforcement or building.
code violations). This requirement may be waived by the Director if the work
proposed under this application willremediate all code violations.
e. Property must be free of code enforcement liens or other City liens.
f. The business or new proposed business on the Property must be an independently
owned and operated local business.
If the business is independently owned and operatedfranchise, other franchise
locations associated with thesame brand must ONLY be located within the municipal
boundary of the City.
i. 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,:
g.
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rent, marketing, and other business expenses without assistance from a
corporate headquarters outside of the City limits.
h. *The owner of the Property is the Applicant, unless the ownerauthorizes 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. For the purposes of this application, the total Agency grant value
that an owner has received over such period shall be the combined value, in the
twelve (12) month period immediately preceding the submission of an application for
this program, of '(1) the amount of Agency grant fundsthat the applicant has
received; (2). the amount of Agency 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 Agency grant funds
received by any directors, members, partners, shareholders, anyothers withan
ownership interest in such entity, and any others able to exert managerial control
over or direct the affairs of said entity.
M. AGENCY. RESPONSIBILITIES.
1. Grant Funding.. The. Agency shall reimburse the Applicant for the Project's eligible
costs of fifty-eight thousand twenty-one dollars and eighty-one cents $58,021.81 ("Grant.
Funds") as provided under the Program, payable within (30) days after receipt of a fully
completed reimbursement request after verification by the Agency that the Project has
been completed and evidence that the Applicant has actually incurred these Project costs
to the satisfaction of the Director. The Director may allowearlier draw requests of Grant
Funds to approved licensedcontractors in accordance with the Program where
applicable.
The Director retains sole discretion to determine whether the Project meets the
requirements.of this Agreement orthe°Program and Application. If the Director determines
that the Project does notmeet said requirements, then the Parties: agree that the
Director's decision is final, the Agency shall not owe any monies to the Applicant for the
requested reimbursement, and the Applicant shall have no recourse against the Agency.
IV. .APPLICANT DEFAULT
1. Failure to Complete Project Work. If the Applicant fails to receive a "Certificate of
Occupancy or Certificate of Completion" within three hundred sixty five (365) calendar
days form the date of the executed grant agreement in substantial compliance with the
Program and the Application then the Parties agree that the Applicant shall be in default
under this Agreement, this. Agreement shall immediately become null .and void, and the
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Agency will have no further responsibility to the Applicant, including but not limited to the
responsibility to tender the reimbursement funds to the Applicant. An extension for the
grant funds may be granted by the Director for good cause if the Applicant submits a
writtenrequest for such an extension before the expiration of the three hundred sixty five
(365) day period.
2. Other. Events of Default. In addition to the foregoing events of default, the.
occurrence of any one or more of the following events after the Effective Date shall also
constitute an event of default by the Applicant:
A. The Applicant shall make a general assignment for the benefit of itscreditors,
or shalladmit in writing its inability to pay its debts as they become due or shall
file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or
shall file a petition seeking any reorganization, arrangement; composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation or shall file an answer admitting, or shall fail
reasonably to contest, the material allegations ofa petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment
of any trustee, receiver or liquidator of the Applicant or any material part of
:such entity's properties; or
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 of any
trustee, receiver or liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shall, not have been vacated.
C. A breach by the Applicant of any other term, condition, requirement, orwarranty
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 curethe default within the allotted time prescribed under
Section IV(4); then the Partiesagreee 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 reimbursement funds to the Applicant; and c) that if the Agency
has tendered reimbursement funds to the. Applicant, . the Agency shall be entitled to the
return of all reimbursement funds plus default interest at a rate of ten percent (10%)
starting from the date of default.
4. Notice of Default and Opportunity to Cure. The Agency shall provide written notice
of any default under this Agreement and provide the Applicant thirty (30) days from the
date the notice is sent to cure the default if it is an .event listed under Sections IV(2). This
notice will be .deemed sent when sent by first class mail to the Applicant's notice address
or when delivered to the Applicant if sent by a different means.
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V. MISCELLANEOUS
1. Notices. Ali notices., demands, requests for approvals or other communications given
by either party to another shall be in writing, and shall besent to the property for each
party indicated below and addressed as follows:
To the Applicant:
Tatlici Food Inc.
Attn: Summer Tatlici
530 Cleveland Street.
Clearwater, FL 33755
To the Agency:
Community Redevelopment Agency of
the City of Clearwater
P.O. Box 4748
Attention:. Executive Director
with copies to;
City of Clearwater
P.O;. Box 4748
Clearwater, Florida 33758
Attention: Clearwater City Attomey's Office
2.. Unavoidable Delay. Any delay in performance of or inability to perform any
obligation under this Agreement (other than an obligationtopay 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 five year period preceding the Effective Date); strikes or labor
disturbances, :delaysdue 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 theparty performing the obligation in question, including, without
limitation, such causes as may arise from the act of the otherparty 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 theother 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
partybecoming aware (or with the exercise of reasonable diligence should have become
aware) of such occurrence.
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The party shall be entitled to an extension .of time for an Unavoidable Delay .only
for the: number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extentthatanysuch 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
must :be agreed to and :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 holdharmless the.
Agency and the City of a Clearwater, a municipal corporation ("the City"), and the
Agency's and the City's officers, agents, and employees from and against anyand 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 tohave 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 76828, 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 the agreement are canceled and superseded by the
provisions of this agreement.
5. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance, and enforcement of this Agreement.. This' Agreement has been
negotiated by the Agency and the Applicant, and the Agreement; including, without
limitation, any exhibits,_ shall not be deemed to have been. prepared by the Agency or the
Applicant, but by all equally:
6. Severability. Should any section or part of any section of this Agreement be
rendered void, invalid, or unenforceable by any court of law; for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section in this Agreement.
7. Amendments. This Agreement cannot be changed or revised except by written
amendment signed by the Parties hereto.
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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 Courtforthe Middle District of Florida, for thepurposes 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 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
providedby 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 noticesas provided in Section
V(1).
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 effecton two years of the anniversary Effective Date.
IN WITNESS WHEREOF, the Parties have caused this.Agreement to be executed on the
date and year first above written.
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Approved as to form:
(AGENCY SIGNATURE PAGE)
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA,a public
body corporate and politic of ;the State .of Florida.
By:
Jesfs Nino
CRA Director
Date: Z- / ?�(Z
Attest:
Matthew J. Mytych,
CRA Attorney
Date: a/a Vas
ntiVou
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(APPLICANT SIGNATURE PAGE)
Tatlici Food Inc.,
a Florida Corporation.
By:
Print n me: sv..rnyv‘es Ack.W‘c.,i
Title.: 1pc vg‘LeA\
Date: 21 • 1.,-S
STATE QF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by means/physical presence or,
o online• notarization, this al dayof , 2025 by 3,......r,‘,..1-• i-cr.\-VC;'•
as Wts'oLfs\- of 7_0%.\-\; c,„ , Voril -1,4‘c. who o is/are personally known to me or
fwho
iA has/have produced a drivers license as identification.
(NOTARIAL SEAL)
• — •
-41 '' ANTONIO L044000111
notary Public - State of Florida I
Commission * 600114
Ay Comm. Expires Jen P. 2029
Notary Public, State ofFlorida
Name of Notary: Atli-OA:do Loft, x..,rci, -e
My Commission Expires: & — 29— X011
My Comrnitsion NO.: RH 600114
Pagel() oft!
Exhibit "A"
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.
Auk\tcA Foo a WI G does not use coercion for labor or services as defined in Section.
787.06, F.S.
Under penalty of perjury., I declarethat l have read the foregoing statement and that the
facts stated in it are true and correct.
Signature:
Printed Name: o Sumrncf Tail is
Title: ice ,..(n\
Date: 2-2.1-25
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