1 2 Introduced by the Council President at the request of the Jacksonville Economic Development Commission: 3 4 5 ORDINANCE 2007-405 6 AN ORDINANCE MAKING CERTAIN FINDINGS; APPROVING 7 AND AUTHORIZING THE EXECUTION AND DELIVERY OF A 8 REDEVELOPMENT AGREEMENT (“AGREEMENT”) AMONG THE 9 CITY OF JACKSONVILLE (“CITY”), THE JACKSONVILLE 10 ECONOMIC DEVELOPMENT 11 KUHN 51 WEST FORSYTH, LLC, A FLORIDA LIMITED 12 LIABILITY COMPANY (“DEVELOPER”), IN CONNECTION 13 WITH 14 BUILDING, AT 51 WEST FORSYTH STREET, THE BISBEE 15 BUILDING, AT 47 WEST FORSYTH STREET, AND THE 16 FLORIDA 17 STREET (COLLECTIVELY THE “LAURA STREET TRIO”); 18 SAID 19 PRESERVATION TRUST FUND (“HPTF”) GRANT IN AN 20 AMOUNT NOT TO EXCEED $1,050,000; 21 FUNDS 22 HISTORIC PRESERVATION 23 DEVELOPER TO 24 $29.3 MILLION RESTORATION AND RENOVATION OF THE 25 LAURA STREET TRIO, AS DESCRIBED IN THE LAURA 26 STREET TRIO PROJECT SUMMARY, AS INITIATED BY 27 B.T. 07-120; AUTHORIZING APPROVAL OF TECHNICAL 28 CHANGES THE COMMISSION REDEVELOPMENT LIFE BUILDING, AGREEMENT NOT TO TO OF AT THE ASSIST THE MARBLE 117 AUTHORIZING EXCEED (“JEDC”) NORTH AN THE BANK LAURA HISTORIC APPROPRIATING $1,050,000 TRUST AND FUND DEVELOPER REDEVELOPMENT FROM THE TO THE WITH THE AGREEMENT; 1 DESIGNATING JEDC 2 EFFECTIVE DATE. AS MONITOR; PROVIDING AN 3 4 WHEREAS, by Ordinance 2002-395-E, the City of Jacksonville 5 (“City”) established the 6 purposes of programs 7 buildings in Downtown Jacksonville; and funding Historic to Preservation restore and Trust Fund preserve for historic 8 WHEREAS, Kuhn 51 West Forsyth, LLC (“Developer”) is preserving 9 and renovating three historic buildings at the corner of Laura and 10 Forsyth Streets at an estimated cost of $29,282,735; and 11 WHEREAS, the Developer is seeking Downtown Historic 12 Preservation and Revitalization Trust Fund Grants in the not to 13 exceed 14 buildings; and amount of $1,050,000 for exterior rehabilitation of the 15 WHEREAS, the Developer will only receive the grant funds after 16 the Historic Preservation Staff has authorized the approved work 17 and 18 Commission 19 satisfaction with Certificates of Appropriateness from the City of 20 Jacksonville's Historic Preservation Commission and the Department 21 of Interior's Secretary of Interior Standards; and sent notification to (“JEDC”) that the Jacksonville the work Economic has been Development performed in 22 WHEREAS, historic preservation, revitalization, and the reuse 23 of Jacksonville’s historic buildings and structures are important 24 to the City’s overall social and economic welfare; and 25 WHEREAS, the JEDC has considered the Developer’s request and 26 has determined 27 Revitalization Trust Fund Grant in accordance with the attached 28 Project Summary will enable the Developer to restore the historic 29 structures 30 Redevelopment Agreement; and as that a described Downtown in the -2- Historic attached Preservation Project Summary and and 1 WHEREAS, on February 8, 2007, the JEDC approved a resolution 2 (the “Resolution”) to enter into the Redevelopment Agreement, said 3 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 Redevelopment Agreement and approve of and 6 adopt the matters set forth in this ordinance; now, therefore, 7 BE IT ORDAINED by the Council of the City of Jacksonville: 8 Section 1. 9 Findings. It is hereby ascertained, determined, found and declared as follows: 10 (a) The recitals set forth herein are true and correct. 11 (b) The renovation and restoration of the Laura Street Trio 12 is consistent with the goals of the Downtown Historic Preservation 13 and Revitalization Task Force Initiatives, which state, among other 14 things, that preserving and restoring the historic architectural 15 fabric 16 abandoned historic buildings back into use are important to the 17 City’s welfare. 18 of (c) downtown Jacksonville by bringing underutilized or The renovation and restoration of the Laura Street Trio 19 is consistent with the goals of the City in that the project will, 20 among 21 Jacksonville and help meet the overall community goal of business 22 development and growth in downtown Jacksonville. 23 other (d) things, increase capital investment in downtown The authorizations provided by this ordinance are for 24 public uses and purposes for which the City may use its powers as a 25 county/municipality and as a political subdivision of the State of 26 Florida 27 public 28 declared as a matter of legislative determination. 29 and may interest (e) expend for public funds, the provisions and the necessity herein enacted is in the hereby This Ordinance is adopted pursuant to the provisions of 30 Chapters 125, 163 and 166, Florida Statutes, as amended, the City’s 31 Charter, and other applicable provisions of law. -3- 1 Section 2. the Appropriation. For the 2006-2007 fiscal year, 2 within City’s budget, there are hereby appropriated the 3 indicated sum(s) from the account(s) listed in subsection (a) to 4 the account(s) listed in subsection (b): 5 (See B.T. 07-120 attached hereto as Exhibit 2 and incorporated 6 herein by this reference) 7 8 (a) Appropriated from: 9 10 B.T. 07-120 (b) Appropriated to: 11 12 $1,050,000 B.T. 07-120 Section 3. is Purpose. to Section 14 restoration 15 particularly described in the Laura Street Trio Project Summary, 16 attached hereto as Exhibit 3, as initiated by B.T. 07-120; and Section 4. hereby assist The purpose of the appropriation in 13 17 2 $1,050,000 the renovation Developer of the with Laura the Street $29.3 Trio, Redevelopment Agreement Approved. City, the JEDC and the Developer in substantially the form as has 20 been placed on file with the Legislative Services Division. 21 Mayor, or his designee, and the Corporation Secretary, on behalf of 22 the City, and the Chairman of the JEDC, or his designee, on behalf 23 of JEDC, are hereby authorized to (1) execute and deliver, for and 24 on behalf of the City and JEDC, respectively, the Redevelopment 25 Agreement (with such “technical changes” as herein authorized) and 26 all such other documents, necessary or appropriate to effectuate 27 the purpose of this ordinance and (2) take, or cause to be taken, 28 for and on behalf of the City or JEDC, respectively, such further 29 action 30 Redevelopment Agreement may include such additions, deletions and purpose -4- of Agreement The 19 the Redevelopment more Council effectuate the as 18 to approves million this between ordinance. the The The 1 changes as may be reasonable, necessary and incidental for carrying 2 out the purposes thereof, as may be acceptable to the Mayor, or his 3 designee, and the 4 inclusion and acceptance 5 Redevelopment Agreement by the Mayor, or his designee, and the 6 Executive 7 Redevelopment Agreement may increase the financial obligations or 8 liability 9 authorized by this ordinance, and any such modification shall be 10 technical only and shall be subject to appropriate legal review and 11 approval by the Office of General Counsel. 12 ordinance, the term “technical changes” is defined as those changes 13 having no financial impact, including, but not limited to, changes 14 in legal descriptions or surveys, ingress and egress, easements and 15 rights of way, schedule and scope of performance and development, 16 design standards, access and site plan. 17 Executive Director of the of being the City Section 5. Director to execution modification in excess of of to the the amount For purposes of this Authorized 20 any contracts and documents and furnishing such information, data 21 and documents for the Redevelopment Agreement as may be required 22 and otherwise to act as the authorized official of the City in 23 connection 24 authorized to designate one or more other officials of the City to 25 exercise any of the foregoing authorizations and to furnish or 26 cause to be furnished such information and take or cause to be 27 taken 28 implement the Redevelopment Agreement according to its terms. 29 JEDC is hereby required to administer and monitor the Redevelopment 30 Agreement and to as Redevelopment may handle be the Agreement, necessary City's -5- as Official/JEDC official of the City for the purpose of executing and delivering action designated the such 19 such is with Contract the Mayor JEDC, 18 with The of by No amount Designation Monitor. the evidenced JEDC. an of to the and enable responsibilities authorized is the further City to The thereunder, 1 including the 2 Agreement working 3 departments. 4 Section 6. City's responsibilities with and supported Effective Date. under by the all Redevelopment relevant City This Ordinance shall become 5 effective upon signature by the Mayor or upon becoming effective 6 without the Mayor's signature. 7 Form Approved: 8 9 /s/ Jim McCain ________________ 10 Office of General Counsel 11 Legislation Prepared By: 12 G:\SHARED\LEGIS.CC\2007\ord\03.26.07.BT.07.120.DHPTF.LauraStreetTrio.DOC James R. McCain, Jr. 13 14 -6-