File #: ID#24-0410    Version: 1 Name: 5th amendment to cleveland street market 949 cleveland street LLC
Type: Action Item Status: Agenda Ready
File created: 4/2/2024 In control: Community Redevelopment Agency
On agenda: 4/15/2024 Final action:
Title: Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to July 15, 2024, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same.
Attachments: 1. CRA Extension Request - Cleveland Cafe 3.2024.pdf, 2. 5th Amendment- Cleveland Street Market.pdf
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SUBJECT/RECOMMENDATION:

Title

Amend the Loan to Grant Agreement with 949 Cleveland Street, LLC for the property at 943 Cleveland Street, to extend the agreement to July 15, 2024, for building improvements to implement the CRA Food and Drink Grant Program and authorize the appropriate officials to execute same.

Body

SUMMARY: 

At the October 29, 2018, Community Redevelopment Agency (CRA) meeting, the trustees approved a time-limited grant program for property owners to support the establishment of new food and drink businesses that are open on nights and weekends in the Downtown Core and Prospect Lake districts of the CRA.

On February 18, 2020, the CRA trustees approved the applicant’s proposal for a loan to grant in the amount of $187,632.50 for 949 Cleveland Street, LLC to build out a vacant storefront and establish a coffee and dessert shop that will serve hot and cold drinks along with a wide selection of desserts.  The total project cost is $375,265.00.

On January 19, 2021, the CRA trustees approved an amendment to the grant agreement for an extension to March 1, 2022, due to construction delays and the COVID-19 Pandemic.

On February 14, 2022, the CRA Trustees approved a second extension to March 1, 2023, due to the continued effects of the COVID-19 pandemic delaying progress as well as the applicant not being able to secure a general contractor until late 2021.

On February 13, 2023, the CRA Trustees approved a third extension to December 31, 2023, due to requirements with replacing the roof including structural engineered drawings, permitting, procurement, and a subsequent installation.

On December 4th, 2023, the CRA Trustees approved a fourth extension to January 31, 2024 due to unexpected conditions, specifically the necessity for a roof replacement before the build-out work can begin.  There was also a complication with the previous prospective tenant for the café space who withdrew their lease.  The applicant has since acquired a new leaseholder.

The applicant is requesting a fifth extension; the previous request for an extension was motivated by the necessity to provide the applicant’s newest tenant with the opportunity to design the space according to their vision and needs. However, during the work, the applicant encountered unexpected challenges regarding the electrical infrastructure. Upon further examination, it has come to the applicant’s attention that the electrical feed to the space is undersized, necessitating a complete update to the electrical feed to the main breaker to support the required power for the establishment. Addressing this issue has prolonged the applicant's timeline for completion, and they are currently working diligently to rectify the situation.

The applicant has been working with the city building department throughout this process, and they are confident that they will obtain a permanent Certificate of Occupancy by July 15, 2024. In the interim, they are actively pursuing a Temporary Certificate of Occupancy, which will allow them to furnish the space and commence staff training while the applicant finalizes the permanent electrical upgrades.

Staff recommends amending this grant for three months to allow for the final completion date to be July 15th, 2024.

 

 

APPROPRIATION CODE AND AMOUNT:

Funding for this grant has been encumbered in 3887552-R2003 Economic Development- City

 

STRATEGIC PRIORITY:

 

           

2.1 Strengthen public-private initiatives that attract, develop, and retain diversified business sectors.

2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality and high-quality job growth.