ordinance 2007-405-e

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Amended 5/8/07
Enacted 5/8/07
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Introduced by the Council President at the request of
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the Jacksonville Economic Development Commission and amended by the
3
Finance Committee:
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5
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ORDINANCE 2007-405-E
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AN ORDINANCE MAKING CERTAIN FINDINGS; APPROVING
8
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
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REVISED
REDEVELOPMENT
AGREEMENT
(“AGREEMENT”)
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AMONG THE CITY OF JACKSONVILLE (“CITY”), THE
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JACKSONVILLE
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(“JEDC”)
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FLORIDA
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(“DEVELOPER”),
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REDEVELOPMENT OF THE MARBLE BANK BUILDING, AT
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51 WEST FORSYTH STREET, THE BISBEE BUILDING, AT
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47 WEST FORSYTH STREET, AND THE FLORIDA LIFE
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BUILDING,
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(COLLECTIVELY
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AGREEMENT AUTHORIZING AN HISTORIC PRESERVATION
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TRUST FUND (“HPTF”) GRANT IN AN AMOUNT NOT TO
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EXCEED $1,050,000;
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EXCEED
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PRESERVATION
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ASSIST
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RESTORATION AND RENOVATION OF THE LAURA STREET
27
TRIO, AS DESCRIBED IN THE LAURA STREET TRIO
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PROJECT SUMMARY, AS INITIATED BY B.T. 07-120;
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AUTHORIZING
ECONOMIC
AND
KUHN
DEVELOPMENT
51
WEST
LIMITED
“LAURA
THE
WITH
LAURA
STREET
A
THE
STREET
TRIO”);
SAID
APPROPRIATING FUNDS NOT TO
$1,050,000
TRUST
NORTH
LLC,
COMPANY
CONNECTION
117
THE
FORSYTH,
LIABILITY
IN
AT
COMMISSION
FROM
FUND
DEVELOPER
APPROVAL
TO
WITH
OF
THE
THE
THE
HISTORIC
DEVELOPER
$29.3
TECHNICAL
TO
MILLION
CHANGES
TO
Amended 5/8/07
1
THE
REVISED
2
DESIGNATING
3
EFFECTIVE DATE.
REDEVELOPMENT
JEDC
AS
MONITOR;
AGREEMENT;
PROVIDING
AN
4
5
WHEREAS, by Ordinance 2002-395-E, the City
6
(“City”)
established
the
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purposes
of
programs
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buildings in Downtown Jacksonville; and
funding
Historic
to
Preservation
restore
and
of Jacksonville
Trust
Fund
preserve
for
historic
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WHEREAS, Kuhn 51 West Forsyth, LLC (“Developer”) is preserving
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and renovating three historic buildings at the corner of Laura and
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Forsyth Streets at an estimated cost of $29,282,735; and
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WHEREAS,
the
Developer
is
seeking
Downtown
Historic
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Preservation and Revitalization Trust Fund Grants in the not to
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exceed
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buildings; and
amount
of
$1,050,000
for
exterior
rehabilitation
of
the
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WHEREAS, the Developer will only receive the grant funds after
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the Historic Preservation Staff has authorized the approved work
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and
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Commission
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satisfaction with Certificates of Appropriateness from the City of
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Jacksonville's Historic Preservation Commission and the Department
22
of Interior's Secretary of Interior Standards; and
sent
notification
to
(“JEDC”)
that
the
Jacksonville
the
work
Economic
has
been
Development
performed
in
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WHEREAS, historic preservation, revitalization, and the reuse
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of Jacksonville’s historic buildings and structures are important
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to the City’s overall social and economic welfare; and
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WHEREAS, the JEDC has considered the Developer’s request and
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has
determined
that
a
Downtown
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Revitalization Trust Fund Grant in accordance with the attached
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Project Summary will enable the Developer to restore the historic
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structures as described in the attached Project Summary and Revised
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Redevelopment Agreement; and
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Historic
Preservation
and
Amended 5/8/07
1
WHEREAS, on February 8, 2007, the JEDC approved a resolution
2
(the
“Resolution”)
to
enter
into
the
Revised
Redevelopment
3
Agreement, said Resolution being attached hereto as Exhibit 1; and
4
WHEREAS, it has been determined to be in the interest of the
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City to enter into the Revised Redevelopment Agreement and approve
6
of
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therefore,
and
adopt
the
matters
set
forth
in
this
ordinance;
8
BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
10
Findings.
It
is
hereby
now,
ascertained,
determined, found and declared as follows:
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(a)
The recitals set forth herein are true and correct.
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(b)
The renovation and restoration of the Laura Street Trio
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is consistent with the goals of the Downtown Historic Preservation
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and Revitalization Task Force Initiatives, which state, among other
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things, that preserving and restoring the historic architectural
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fabric
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abandoned historic buildings back into use are important to the
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City’s welfare.
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of
(c)
downtown
Jacksonville
by
bringing
underutilized
or
The renovation and restoration of the Laura Street Trio
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is consistent with the goals of the City in that the project will,
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among
22
Jacksonville and help meet the overall community goal of business
23
development and growth in downtown Jacksonville.
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other
(d)
things,
increase
capital
investment
in
downtown
The authorizations provided by this ordinance are for
25
public uses and purposes for which the City may use its powers as a
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county/municipality and as a political subdivision of the State of
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Florida
28
public
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declared as a matter of legislative determination.
and
may
interest
expend
for
public funds,
the
provisions
-3-
and
the necessity
herein
enacted
is
in
the
hereby
Amended 5/8/07
1
(e)
This Ordinance is adopted pursuant to the provisions of
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Chapters 125, 163 and 166, Florida Statutes, as amended, the City’s
3
Charter, and other applicable provisions of law.
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Section 2.
the
Appropriation. For the 2006-2007 fiscal year,
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within
City’s
budget,
there
are
hereby
appropriated
the
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indicated sum(s) from the account(s) listed in subsection (a) to
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the account(s) listed in subsection (b):
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(See B.T. 07-120 attached hereto as Exhibit 2 and incorporated
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herein by this reference)
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(a)
Appropriated from:
12
13
B.T. 07-120
(b)
Appropriated to:
14
15
$1,050,000
B.T. 07-120
Section 3.
2
is
$1,050,000
Purpose.
to
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Section
17
restoration
18
particularly described in the Laura Street Trio Project Summary,
19
attached hereto as Revised Exhibit 3, as initiated by B.T. 07-120;
and
assist
The purpose of the appropriation in
the
renovation
Developer
of
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Section 4.
Revised
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The
Council
hereby
between
the
City,
form
as
the
with
Laura
Street
Redevelopment
approves
Trio,
Agreement
the
Revised
as
more
Approved.
Redevelopment
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substantially
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Legislative Services Division.
25
Corporation Secretary, on behalf of the City, and the Chairman of
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the JEDC, or his designee, on behalf of JEDC, are hereby authorized
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to (1) execute and deliver, for and on behalf of the City and JEDC,
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respectively,
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“technical
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documents, necessary or appropriate to effectuate the purpose of
the
changes”
Revised
as
been
and
million
Agreement
has
JEDC
$29.3
22
the
the
the
placed
on
Developer
file
with
in
the
The Mayor, or his designee, and the
Redevelopment
herein
the
authorized)
-4-
Agreement
and
all
(with
such
such
other
Amended 5/8/07
1
this ordinance and (2) take, or cause to be taken, for and on
2
behalf of the City or JEDC, respectively, such further action to
3
effectuate
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Redevelopment Agreement may include such additions, deletions and
5
changes as may be reasonable, necessary and incidental for carrying
6
out the purposes thereof, as may be acceptable to the Mayor, or his
7
designee,
and
the
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inclusion
and
acceptance
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Revised Redevelopment Agreement by the Mayor, or his designee, and
the
purpose
of
this
Executive
ordinance.
Director
being
of
evidenced
The
the
by
JEDC,
Revised
with
execution
of
such
the
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the Executive Director of the JEDC.
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Redevelopment Agreement may increase the financial obligations or
12
liability
13
authorized by this ordinance, and any such modification shall be
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technical only and shall be subject to appropriate legal review and
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approval by the Office of General Counsel.
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ordinance, the term “technical changes” is defined as those changes
17
having no financial impact, including, but not limited to, changes
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in legal descriptions or surveys, ingress and egress, easements and
19
rights
20
standards, access and site plan.
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of
of
the
way,
City
schedule
Section 5.
Monitor.
to
an
of
amount
Mayor
in
performance
Designation
The
No modification to the Revised
of
is
excess
and
the
amount
For purposes of this
development,
Authorized
designated
of
as
design
Official/JEDC
22
Contract
the
authorized
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official of the City for the purpose of executing and delivering
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any contracts and documents and furnishing such information, data
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and documents for the Revised Redevelopment Agreement as may be
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required and otherwise to act as the authorized official of the
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City in connection with the Revised Redevelopment Agreement, and is
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further authorized to designate one or more other officials of the
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City to exercise any of the foregoing authorizations and to furnish
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or cause to be furnished such information and take or cause to be
-5-
Amended 5/8/07
1
taken
2
implement
3
terms.
4
Revised
5
responsibilities thereunder, including the City's responsibilities
6
under
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supported by all relevant City departments.
8
9
such
action
the
as
Revised
may
be
necessary
Redevelopment
to
enable
Agreement
the
according
City
to
to
its
The JEDC is hereby required to administer and monitor the
Redevelopment
the
Revised
Section 6.
Agreement
and
Redevelopment
Effective Date.
to
Agreement
handle
working
the
City's
with
and
This Ordinance shall become
effective upon signature by the Mayor or upon becoming effective
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without the Mayor's signature.
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Form Approved:
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____/s/ Margaret M. Sidman__________
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Office of General Counsel
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Legislation Prepared By:
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G:\SHARED\LEGIS.CC\2007\ord\03.26.07.BT.07.120.DHPTF.LauraStreetTrio.DOC
James R. McCain, Jr.
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