TERMINATION OF BUSINESS RENOVATION GRANT PROGRAM AGREEMENT - BR-04-23TERMINATION OF BUSINESS RENOVATION GRANT PROGRAM AGREEMENT
THIS TERMINATION OF THE BUSINESS RRFNOVATION GRANT PROGRAM
AGREEMENT ("Termination"), entered into this (D day of, Mtu.e h, 2025 ("Effective
Date"), by and between the Community Redevelopment Agency of the City of Clearwater,
Florida (hereafter "the Agency"), whose address is P.O. Box 4748, Clearwater, Florida
33758-4748, a public body corporate and politic of the State of Florida, and MBA FOOD
& BEVERAGE, LLC, whose address is 1362 Cleveland Street Clearwater, FL
33755 (hereinafter "Applicant" and together with the Agency, "the Parties").
WITNESSETH
WHEREAS, the Agency and the Applicant entered into a BUSINESS RENOVATION
Grant Program Agreement on October 26, 2023 which was subsequently amended on
December 6, 2023 and October 7, 2024 (such agreement and any amendments referred
to as "Agreement," copies of which are attached to and incorporated by reference as
Exhibit "A" to this Termination); and
WHEREAS, the parties now desired to terminate the Agreement on the terms and
conditions contained here;
NOW THEREFORE, in consideration of the premises, the mutual covenants, and
promises contained herein, and other good and valuable consideration, the Applicant and
the Agency agree and covenant each with the other as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated in and
form a part of this Termination.
2. Termination of the Agreement; Release of all Claims. The Agreement is
terminated and will have no further force or effect as of the Effective Date of this
Termination. Neither of the Parties will have any further rights against, or obligations or
liabilities to the other Party or to any other Person under the Agreement, all of which
rights, obligations, and liabilities are hereby released and waived by the Parties.
3. 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:
Sherif Khella
MBA Food & Beverage, LLC
1362 Cleveland St.
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 Attorney
4. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance, and enforcement of this Termination. This Termination has been
negotiated by the Agency and the Applicant, and the Termination, including, without
limitation, the exhibits, shall not be deemed to have been prepared by the Agency or the
Applicant, but by all equally.
5. Jurisdiction and Venue. For purposes of any suit, action or other proceeding
arising out of or relating to this Termination, the parties hereto do acknowledge, consent,
and agree that venue thereof is Pinellas County, Florida.
Each party to this Termination 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 Court for the Middle District of Florida, for the purposes of any suit, action or other
proceeding arising out of or relating to this Termination 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 Termination, 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 Termination 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
3.
IN WITNESS WHEREOF, the Applicant and the Agency have executed or caused
these presents to be executed by its respective authorized representatives to be effective
as of the day and year first above written. This Termination is executed in two original
copies of which one is to be delivered to the Applicant and one to the Agency.
Approved as to form:
Wit4t.
Michael P. Fuino
CRA Attorney Clearwater
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
Executive Director
Attest:
Rosemarie Call
City Clerk
I ACKNOWLEDGE THAT I AM LAWFULLY AUTHORIZED TO EXECUTE THIS
TERMINATION.
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Entity Name (if any)
Date
212-c /2s
STATE OF FLowp&
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Printed Name and Title (if any)
COUNTY OF'Mt:tIAs
The foregoing instrument was acknowledged before me this 00 day of foisetAgq20as
by sekteur s+w.acy ve.r n► tateu.A , as (title if applicable) mem
of (Entity name if any) me,p, r000 Ago ticiteaftx6 u_c# , who [ ] is
personally known to me or [ villas produced identification.
Type of identification produced: PLnwoa P24V02S. Lick/QM
My commission expires:
(Notary Seal) N tary Pu is Signature
s0AMC. Bias
Comm.: HH 601100
Expires: Oct 7, 2028
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