COMMERCIAL IMPROVEMENT GRANT AGREEMENTCOMMERCIAL IMPROVEMENT GRANT AGREEMENT
This Commercial Improvement Grant Agreement (this "Agreement") is made as of
(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
KILLARNEY 6 INVESTMENTS GROUP INC., a Florida corporation (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") far 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 exterior and interior improvements
to the properties located at 1107 North Martin Luther King Junior Avenue, Clearwater, Florida 33755
("Property 1") and 1115 North Martin Luther King Junior Avenue, Clearwater, Florida 33755
("Property 2" and together with Property 1, the "Properties").
WHEREAS, $32,400.00 of the grant funds shall be used toward the improvement of Property
1 and $42,600 of the grant funds shall be used toward the improvement of Property 2; and
WHEREAS, The grant will be used for the activities listed below at the Properties (the
"Project") as further detailed in .the Applicant's grant application and plan specifications attached
hereto as Exhibit "C" (the "Specifications"):
• Roofing repairs
• Electric and plumbing
• Mechanical repairs
• ADA
• Interior partition wail buildout
• Paint
• Repair Exterior
• Architectural, Engineering Permitting
;and
WHEREAS, the Agency finds that providing financial assistance for the commercial
improvement of the Properties is a permissible use of the Agency's funds; and
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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 Properties are 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.
2. Applicant's Project Contribution. As a condition of receiving reimbursement grant funding
from the Agency, the Applicant shall provide twenty-seven thousand six hundred dollars and
00/100 cents ($27,600.00) in monetary contribution towards the improvements at Prrooerty 1
and twenty-eight thousand four hundred dollars and 00/100 cents ($28,400.00) in monetary
contribution towards the improvements at Property 2 (together the "Monetary Contribution").
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.
3. Warranties of the Applicant. The Applicant warrants that the following information is true and
correct:
a. The Applicant is the owner of or has a leasehold interest in the Properties;
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 Properties and business fees;
d. The Properties have 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;
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e. The Properties are free of code enforcement or other municipal liens;
f. The business or proposed new business on the Properties is an independently o
operated local business. If the business is an independently owned and operated franc
other franchise locations associated with the brand exist, such locations shall only be
within the municipal boundaries of the City;
g. The Properties are located in the Redevelopment Area; and
h. In accordance with the Policy, the Applicant hag not received more than $75,000.00 i
grant funding within the preceding 12 -month rolling year and will not exceed this
by obtaining grant funding under this Agreement.
III. AGENCY RESPONSIBILITIES
1. Grant Funding. The Agency shall reimburse the Applicant for the Project's eligibl
up to a total grant amount of amount of seventy-five thousand dollars and 00/100
($75,000.00) (the "Grant Funds"). Up to thirty-two thousand four hundred dollars and
cents ($32,400.00) of the Grant Funds may be used toward the improvement of Prop
forty-two thousand six hundred dollar's and 00/100 cents ($42,600.00) of the Grant Funds
used toward the improvement of Property 2. The Grant Funds shall be payable within thi
days of receipt of a fully completed reimbursement request after the issuance of a Fin
Project Completion by the Agency assuming the Applicant has also complied with Sectio
this Agreement where applicable.
d and
se and
ocated
CRA
eshold
costs
cents
0/100
1 and
ay be
(30)
ng of
Il of
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 direct t r (the
"Director") may allow earlier draw requests of the Grant Funds to approved licensed con • etors
or vendors in accordance with the Policy. However, the Grant Funds disbursed to a contra tor or
vendor shall not be disbursed more frequently than once every thirty (30) days. The ' arties
understand and agree that nothing in this Agreement creates any contractual relationship b tween
the Agency and any contractor or vendor and the Agency shall not be liable for any monie owed
to any contractor or vendor. The ability of the Agency to pay the contractor or vendor dir: ctly is
only for the sake of convenience to the Applicant and the Applicant remains exclusively lia.le for
any funds owed to the contractor.
3. If the Director determines that a reimbursement request for the Grant Funds does n
the requirements of this Agreement or the Policy, then the Parties agree that the Agency s
owe any monies to the Applicant for the requested reimbursement, the Applicant shall h
recourse against the Agency, and the Director's decision shall be final without any m
appeal.
TV. APPLICANT DEFAULT
t meet
11 not
ve no
s of
1. Failure to Timely Complete the Project. If the Applicant fails to obtain a Finding of 1 roject
Completion within three hundred and sixty-five (365) days of the date of application ap i royal,
then the Parties agree that the Applicant shall be in default under this Agreement without n• ce or
opportunity to cure the default. An extension to this timeframe may be granted by the Diree or for
3
good cause if the Applicant submits a written request for such an extension before the ex iration
of the three hundred and sixty-five (365) day period.
2. Other Events of Default. In addition to the foregoing event of default, the occurr nce of
any one or more of the following events shall also constitute an event of default by the Ap licant:
A. The Applicant makes a general assignment for the benefit of its creditors, or
writing its inability to pay its debts as they become due or files a petition in b
or is adjudicated a bankrupt or insolvent, or files a petition seeking any reorgan
arrangement, composition, readjustment, liquidation, dissolution or similar relie
any present or future statute, law or regulation or files an answer admitting,
reasonably to contest, the material allegations of a petition filed against it in
proceeding, or seeks or consents to or acquiesce in the appointment of any
receiver or liquidator of the Applicant or any material part of such entity's prop
its in
ptcy,
zation,
under
r fails
y such
stee,
rties;
B. Within sixty (60) days after the commencement of any proceeding by or aga st the
Applicant seeking any reorganization, arrangement, composition, readju.tment,
liquidation, dissolution or similar relief under any present or future statute, aw or
regulation, such proceeding shall not have been dismissed or otherwise termin ted, or
if, within sixty (60) days after the appointment without the consent or acquiesce nce of
the Applicantor any trustee, receiver or liquidator of any such entities or of any aterial
part of any such entity's properties, such appointment shall not have been vaca d; or
C. A breach by the Applicant of any other term, condition, requirement, or warr s ty of
this Agreement or the Policy.
3. Agency's Remedy Upon Certain Applicant Default. In the event of default an
Applicant has failed to cure the default within the allotted time prescribed under Secti
Paragraph 4 (if applicable), then the Parties agree that: a) this Agreement shall be null an
b) that the Agency will have no further responsibility to the Applicant, including the respon
to tender any remaining amounts of the Grant Funds to the Applicant; and c) that if the
has tendered any of the Grant Funds to the Applicant, the Agency shall be entitled to the r
all the Grant Funds plus default interest at a rate of ten percent (10%) starting from the
default. The remedial provisions shall survive the termination of this Agreement.
4. Notice of Default and Opportunity to Cure. The Agency shall provide written not
default under Section IV, Paragraph 2 of this Agreement and provide the Applicant thirty (3
from the date the notice is sent to cure such a default. This notice will be deemed receive
sent by first class mail to the Applicant's notice address or when delivered to the Applican
by a different means.
V. MISCELLANEOUS
if the
n IV,
void;
ibility
gency
of
to of
e of a
) days
when
if sent
1. Notices. All notices, demands, requests for approvals, or other communications gi en by
either party to another shall be in writing, and shall be sent to the office for each party in' mated
below and addressed as follows:
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To the Applicant:
Killarney 6 Investments Group Inc.
Attn: Gelray Gainey
P.O. Box 1057
Oldsmar, Florida 34677
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 obl
under this Agreement (other than an obligation to pay money) due to any event or co
described in this section as an event of "Unavoidable Delay" shall be excused in the
provided in this section.
gation
dition
anner
"Unavoidable Delay" means any of the following events or conditions or any comb' ation
thereof: acts of God, acts of the public enemy, riot, insurrection, war, pes fence,
archaeological excavations required by law, unavailability of materials after timely o . ering
of same, building moratoria, epidemics, quarantine restrictions, freight embargoe., fire,
lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and exce sively
inclement weather (as indicated by the records of the local weather bureau for a fi e year
period preceding the Effective Date), strikes or labor disturbances, delays i ue to
proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection w"th any
of the foregoing or any other cause beyond the reasonable control of the party pert. rming
the obligation in question, including, without limitation, such causes as may arise frm the
act of the other party to this Agreement, or acts of any governmental authority (exce • t that
acts of the Agency shall not constitute an Unavoidable Delay with respect to perfo i • s ce
by the Agency).
An application by any party hereto for an extension of time pursuant to this section
in writing, must set forth in detail the reasons and causes of delay, and must be file
the other party to this Agreement within thirty (30) days following the occurrence
event or condition causing the Unavoidable Delay or thirty (30) days following th
becoming aware (or with the exercise of reasonable diligence should have become
of such occurrence.
The party shall be entitled to an extension of time for an Unavoidable Delay only
number of days of delay due solely to the occurrence of the event or condition causin
Unavoidable Delay and only to the extent that any such occurrence actually delays th
from proceeding with its rights, duties and obligations under this Agreement affec
such occurrence. In the event the party is the Applicant then the Director is autho
grant an extension of time for an Unavoidable Delay for a period of up to six (6)
5
ust be
with
of the
party
ware)
or the
such
party
ed by
ed to
onths.
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
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
6
forum or that the venue of such action is improper or that the subject matter thereof ay 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
of Florida or has no office, employee, agency, registered agent or general partner
available for service of process as a resident of the State of Florida, or if any pe
assignee thereof shall be a foreign corporation, partnership or other entity or shall
officer, employee, agent, or general partner available for service of process in the
Florida, the Applicant hereby designates the Secretary of State, State of Florida, it
for the service of process in any court action between it and the Agency arising o
relating to this Agreement and such service shall be made as provided by the law
State of Florida for service upon a nonresident; provided, however, that at the time of
on the Florida Secretary of State, a copy of such service shall be delivered to the A
at the address for notices as provided in Section V, Paragraph 1.
e State
hereof
itted
ve no
tate of
agent
t of or
of the
ervice
licant
9. Termination. If not earlier terminated as provided in this Agreement, this Agreeme t shall
expire and shall no longer be of any force and effect three hundred and sixty-five (36 • ) days
from the anniversary of the date of application approval.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on . e date
and year first above written.
(CRA SIGNATURE PAGE)
Approved as to form:
Matthew J. Mytych, Esq.
CRA Attorney ( f //l 3/2 s
Date: f
COMMUNITY REDEVELOPMENT AGE
OF THE CITY OF CLEARWATER, FLO
a public body corporate and politic of the Sta
Florida.
By:
Bruce
Chairman
Date:
z{/u(LZs
CY
A,
of
Attest:
Rosemarie Call
City Clerk
Date: 4'.051))0)-5 \\`, .01,1,OP i��,'N
`Zo�G. "RPC�RAre‘
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Ion=
vyam^
7 `2'•
tORIDA 14'\‘``��•
t&i
(APPLICANT SIGNATURE PAGE)
KILLARNEY 6 INVESTMENTS
GROUP INC, a Florida corporation.
Print name: k - l.Tl
Title: ?iv.0
Date: 11Iiw1'ao
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by means Vphysical presence or ❑ online
notarization, this f [ day of APT‘‘, L , 2025 by &E IRA1 M. G A� it 01 as
NES tb1;Nt of I('1Lt,A viet IbNeyimist, who ❑ is/are personally known to me or 5i/who
has/have produced a driver's license as identificationW - -13 0
&*-/e1A:'
(NOTARIAL SEAL)
MEM ROLL
Notify Public
State of Markle
Commit MM472106
Ibipinm 12/11/2027
8
Notary Public, State of Florida
Name of Notary:ARMLITA S
My Commission Expires: 12411 / 20Z7
My Commission No.: 4 441210
EDIT "D"
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.
F.S.
does not use coercion for labor or services as defined in Section '7
Under penalty of perjury, I declare that I have read the foregoing statement and that the facts
in it are true end correct.
Signature:
Printed Name: (J , rk k- .
Title: Pe
Date: ‘41 ►1`^ a5
12
87.06,
stated