Amended 5/8/07 Enacted 5/8/07 1 Introduced by the Council President at the request of 2 the Jacksonville Economic Development Commission and amended by the 3 Finance Committee: 4 5 6 ORDINANCE 2007-405-E 7 AN ORDINANCE MAKING CERTAIN FINDINGS; APPROVING 8 AND AUTHORIZING THE EXECUTION AND DELIVERY OF A 9 REVISED REDEVELOPMENT AGREEMENT (“AGREEMENT”) 10 AMONG THE CITY OF JACKSONVILLE (“CITY”), THE 11 JACKSONVILLE 12 (“JEDC”) 13 FLORIDA 14 (“DEVELOPER”), 15 REDEVELOPMENT OF THE MARBLE BANK BUILDING, AT 16 51 WEST FORSYTH STREET, THE BISBEE BUILDING, AT 17 47 WEST FORSYTH STREET, AND THE FLORIDA LIFE 18 BUILDING, 19 (COLLECTIVELY 20 AGREEMENT AUTHORIZING AN HISTORIC PRESERVATION 21 TRUST FUND (“HPTF”) GRANT IN AN AMOUNT NOT TO 22 EXCEED $1,050,000; 23 EXCEED 24 PRESERVATION 25 ASSIST 26 RESTORATION AND RENOVATION OF THE LAURA STREET 27 TRIO, AS DESCRIBED IN THE LAURA STREET TRIO 28 PROJECT SUMMARY, AS INITIATED BY B.T. 07-120; 29 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 7 purposes of programs 8 buildings in Downtown Jacksonville; and funding Historic to Preservation restore and of Jacksonville Trust Fund preserve for historic 9 WHEREAS, Kuhn 51 West Forsyth, LLC (“Developer”) is preserving 10 and renovating three historic buildings at the corner of Laura and 11 Forsyth Streets at an estimated cost of $29,282,735; and 12 WHEREAS, the Developer is seeking Downtown Historic 13 Preservation and Revitalization Trust Fund Grants in the not to 14 exceed 15 buildings; and amount of $1,050,000 for exterior rehabilitation of the 16 WHEREAS, the Developer will only receive the grant funds after 17 the Historic Preservation Staff has authorized the approved work 18 and 19 Commission 20 satisfaction with Certificates of Appropriateness from the City of 21 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 23 WHEREAS, historic preservation, revitalization, and the reuse 24 of Jacksonville’s historic buildings and structures are important 25 to the City’s overall social and economic welfare; and 26 WHEREAS, the JEDC has considered the Developer’s request and 27 has determined that a Downtown 28 Revitalization Trust Fund Grant in accordance with the attached 29 Project Summary will enable the Developer to restore the historic 30 structures as described in the attached Project Summary and Revised 31 Redevelopment Agreement; and -2- 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 5 City to enter into the Revised Redevelopment Agreement and approve 6 of 7 therefore, and adopt the matters set forth in this ordinance; 8 BE IT ORDAINED by the Council of the City of Jacksonville: 9 Section 1. 10 Findings. It is hereby now, ascertained, determined, found and declared as follows: 11 (a) The recitals set forth herein are true and correct. 12 (b) The renovation and restoration of the Laura Street Trio 13 is consistent with the goals of the Downtown Historic Preservation 14 and Revitalization Task Force Initiatives, which state, among other 15 things, that preserving and restoring the historic architectural 16 fabric 17 abandoned historic buildings back into use are important to the 18 City’s welfare. 19 of (c) downtown Jacksonville by bringing underutilized or The renovation and restoration of the Laura Street Trio 20 is consistent with the goals of the City in that the project will, 21 among 22 Jacksonville and help meet the overall community goal of business 23 development and growth in downtown Jacksonville. 24 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 26 county/municipality and as a political subdivision of the State of 27 Florida 28 public 29 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 2 Chapters 125, 163 and 166, Florida Statutes, as amended, the City’s 3 Charter, and other applicable provisions of law. 4 Section 2. the Appropriation. For the 2006-2007 fiscal year, 5 within City’s budget, there are hereby appropriated the 6 indicated sum(s) from the account(s) listed in subsection (a) to 7 the account(s) listed in subsection (b): 8 (See B.T. 07-120 attached hereto as Exhibit 2 and incorporated 9 herein by this reference) 10 11 (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 16 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 20 Section 4. Revised 21 The Council hereby between the City, form as the with Laura Street Redevelopment approves Trio, Agreement the Revised as more Approved. Redevelopment 23 substantially 24 Legislative Services Division. 25 Corporation Secretary, on behalf of the City, and the Chairman of 26 the JEDC, or his designee, on behalf of JEDC, are hereby authorized 27 to (1) execute and deliver, for and on behalf of the City and JEDC, 28 respectively, 29 “technical 30 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 4 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 8 inclusion and acceptance 9 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 10 the Executive Director of the JEDC. 11 Redevelopment Agreement may increase the financial obligations or 12 liability 13 authorized by this ordinance, and any such modification shall be 14 technical only and shall be subject to appropriate legal review and 15 approval by the Office of General Counsel. 16 ordinance, the term “technical changes” is defined as those changes 17 having no financial impact, including, but not limited to, changes 18 in legal descriptions or surveys, ingress and egress, easements and 19 rights 20 standards, access and site plan. 21 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 23 official of the City for the purpose of executing and delivering 24 any contracts and documents and furnishing such information, data 25 and documents for the Revised Redevelopment Agreement as may be 26 required and otherwise to act as the authorized official of the 27 City in connection with the Revised Redevelopment Agreement, and is 28 further authorized to designate one or more other officials of the 29 City to exercise any of the foregoing authorizations and to furnish 30 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 7 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 10 without the Mayor's signature. 11 Form Approved: 12 13 ____/s/ Margaret M. Sidman__________ 14 Office of General Counsel 15 Legislation Prepared By: 16 G:\SHARED\LEGIS.CC\2007\ord\03.26.07.BT.07.120.DHPTF.LauraStreetTrio.DOC James R. McCain, Jr. 17 18 -6-