ordinance 2007-405

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Introduced by the Council President at the request of
the Jacksonville Economic Development Commission:
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ORDINANCE 2007-405
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AN ORDINANCE MAKING CERTAIN FINDINGS; APPROVING
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AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
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REDEVELOPMENT AGREEMENT (“AGREEMENT”) AMONG THE
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CITY OF JACKSONVILLE (“CITY”), THE JACKSONVILLE
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ECONOMIC
DEVELOPMENT
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KUHN 51 WEST FORSYTH, LLC, A FLORIDA LIMITED
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LIABILITY COMPANY (“DEVELOPER”), IN CONNECTION
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WITH
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BUILDING, AT 51 WEST FORSYTH STREET, THE BISBEE
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BUILDING, AT 47 WEST FORSYTH STREET, AND THE
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FLORIDA
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STREET (COLLECTIVELY THE “LAURA STREET TRIO”);
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SAID
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PRESERVATION TRUST FUND (“HPTF”) GRANT IN AN
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AMOUNT NOT TO EXCEED $1,050,000;
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FUNDS
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HISTORIC
PRESERVATION
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DEVELOPER
TO
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$29.3 MILLION RESTORATION AND RENOVATION OF THE
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LAURA STREET TRIO, AS DESCRIBED IN THE LAURA
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STREET TRIO PROJECT SUMMARY, AS INITIATED BY
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B.T. 07-120; AUTHORIZING APPROVAL OF TECHNICAL
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CHANGES
THE
COMMISSION
REDEVELOPMENT
LIFE
BUILDING,
AGREEMENT
NOT
TO
TO
OF
AT
THE
ASSIST
THE
MARBLE
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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;
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DESIGNATING
JEDC
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EFFECTIVE DATE.
AS
MONITOR;
PROVIDING
AN
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WHEREAS, by Ordinance 2002-395-E, the City of Jacksonville
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(“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
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
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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
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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
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Redevelopment Agreement; and
as
that
a
described
Downtown
in
the
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Historic
attached
Preservation
Project
Summary
and
and
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WHEREAS, on February 8, 2007, the JEDC approved a resolution
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(the “Resolution”) to enter into the Redevelopment Agreement, said
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Resolution being attached hereto as Exhibit 1; and
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WHEREAS, it has been determined to be in the interest of the
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City to enter into the Redevelopment Agreement and approve of and
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adopt the matters set forth in this ordinance; now, therefore,
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
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Findings.
It
is
hereby
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
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Jacksonville and help meet the overall community goal of business
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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
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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
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public
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declared as a matter of legislative determination.
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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
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Chapters 125, 163 and 166, Florida Statutes, as amended, the City’s
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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:
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B.T. 07-120
(b)
Appropriated to:
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$1,050,000
B.T. 07-120
Section 3.
is
Purpose.
to
Section
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restoration
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particularly described in the Laura Street Trio Project Summary,
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attached hereto as Exhibit 3, as initiated by B.T. 07-120;
and
Section 4.
hereby
assist
The purpose of the appropriation in
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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
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been placed on file with the Legislative Services Division.
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Mayor, or his designee, and the Corporation Secretary, on behalf of
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the City, and the Chairman of the JEDC, or his designee, on behalf
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of JEDC, are hereby authorized to (1) execute and deliver, for and
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on behalf of the City and JEDC, respectively, the Redevelopment
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Agreement (with such “technical changes” as herein authorized) and
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all such other documents, necessary or appropriate to effectuate
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the purpose of this ordinance and (2) take, or cause to be taken,
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for and on behalf of the City or JEDC, respectively, such further
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action
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Redevelopment Agreement may include such additions, deletions and
purpose
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of
Agreement
The
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the
Redevelopment
more
Council
effectuate
the
as
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to
approves
million
this
between
ordinance.
the
The
The
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changes as may be reasonable, necessary and incidental for carrying
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out the purposes thereof, as may be acceptable to the Mayor, or his
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designee,
and
the
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inclusion
and
acceptance
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Redevelopment Agreement by the Mayor, or his designee, and the
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Executive
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Redevelopment Agreement may increase the financial obligations or
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liability
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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
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having no financial impact, including, but not limited to, changes
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in legal descriptions or surveys, ingress and egress, easements and
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rights of way, schedule and scope of performance and development,
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design standards, access and site plan.
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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
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any contracts and documents and furnishing such information, data
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and documents for the Redevelopment Agreement as may be required
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and otherwise to act as the authorized official of the City in
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connection
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authorized to designate one or more other officials of the City to
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exercise any of the foregoing authorizations and to furnish or
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cause to be furnished such information and take or cause to be
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taken
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implement the Redevelopment Agreement according to its terms.
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JEDC is hereby required to administer and monitor the Redevelopment
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Agreement
and
to
as
Redevelopment
may
handle
be
the
Agreement,
necessary
City's
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as
Official/JEDC
official of the City for the purpose of executing and delivering
action
designated
the
such
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such
is
with
Contract
the
Mayor
JEDC,
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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,
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including
the
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Agreement
working
3
departments.
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Section 6.
City's
responsibilities
with
and
supported
Effective Date.
under
by
the
all
Redevelopment
relevant
City
This Ordinance shall become
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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/ Jim McCain
________________
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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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