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CRA LEGAL ISSUES eRA Legal Issues :,I A Question of Delegation The City of Tampa Experience Samuel S. Hamilton Assistant City Attorney II I I II ! I II I I I i Office of the City Attorney City Hall Tampa, Florida 33602 813/27 4-8996 Fax: 813/274-8809 I I I I ! i L. ~, I I i I I I I I I I _ .J < 'i', ; ~ ",""," --- ..~~MPA~ ~~~~ c:; ? ~ . . c:::! It; % ~ ~(Ir .. ~~ ~))PiI' A Question of Delegation The City of Tampa Experience Speaking Points History of City CRA Actions I. . September, 1982 - Community Redevelopment Agency of the City of Tampa created Downtown Community Redevelopment Area created and tax increment fund established Hillsborough County Charter effective . 1983-1984- . May, 1985- . August- September 1985 - City validates and issues CRA Bonds without County objection Ybor City Community Redevelopment Area created and tax increment fund established Downtown Core Community Redevelopment Area created and tax increment fund established . June, 1988 . May - June, 1988 - . March- May, 1999 - Old Tampa Police Department Site Community Redevelopment Area created . August, 1999 - City Contemplates further Redevelopment actions II. Delegation Issue A. Statute - ~ 163.410 - Charter Counties have exclusive authority to exercise CRA powers, subject to County delegation to Cities "This section does not affect any community redevelopment agency created by a municipality prior to the adoption of a county home rule charter.1! B. City Position . Neither Agency nor City Council subject to delegation requirement . Agency created prior to adoption of County Charter . City Council declared itself as Agency and, therefore, jurisdictional boundaries are the same . ~163.357(1 )(a) - By declaring itself as the Agency the City Council effectively vested in itself all of the rights, powers and responsibilities vested in the Agency by the law, which would include the delegation exemption in ~163.41 O. Although Agency and City are separate entities, the governing body of the City and the Agency are the same. -- - . . -l . History of Redevelopment Act . Act passed before Home Rule Act . Charter County Delegation provision intended solely to address Dade County situation resulting from lack of home rule powers (The FI. Supreme Court determined that Municipal Home Rule as provided in the 1968 Constitution was not self-executing, thereby requiring legislation). . 1983 Amendment to Charter County delegation provision initiated by Tampa to exempt City from Delegation requirement. . 9163.358 - Reservation of Powers in relation to Delegation requirement in light of validation of CRA Bonds C. County Position . Delegation exemption provision applies to Agency, not City. III. Interlocal Agreement . City/CRA/County Interlocal Agreement Regarding Creation and Expansion of Community Redevelopment Areas 1. County approves existing CRAs and Tax Increment for Downtown, the Downtown Core and Ybor City. 2. County approves existing CRA for Old Tampa Police Department Site. 3. City/CRA may extend duration of Tax Increment for existing Ybor City CRA from 2003 to 2015, but County retains 30% of increment it would otherwise pay. 4. City/CRA may create a Tax Increment for Old Police Station CRA for up to 26 years with County paying 100% for years 1 through 10 and retaining 20% thereafter. 5. Allows new CRAs for Drew Park, Channelside and another part of Ybor City for up to 30 years with County paying 100% for years 1 through 10 and retaining 20% thereafter. 6. Requires City to complete a study of a specified area in East Tampa, and then consider a CRA for such area. 7. City may propose new CRAs in areas where taxable value in the last 5 years has grown less than in rest of City. City and County to negotiate the boundaries and duration of any new areas and County would pay 100% of its portion of Tax Increment years 1 through 10 and retain 20% thereafter. . "i:.". 2 ",.',i( ~, . :.:~; l " . . , INTERLOCAL AGREEMENT AMONG THE CITY OF TAMPA, HILLSBOROUGH COUNTY AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF T AlVIP A REGARDING CREATION AND EXPANSION OF COlVIMUNITY REDEVELOPMENT AREAS This Interlocal Agreement ("Agreement") is made and entered into as of this~ day of (fJarc~ , 2003, by and among Hillsborough County, Florida, a charter county and political subdivision of the State of Florida (the "County"), the City of Tampa, Florida, a municipal corporation created and existing under the laws of the State of Florida (the "City"), and the Community Redevelopment Agency of the City of Tampa, a body politic and corporate created, existing and operating under Part III of Chapter 163 of the Florida Statutes (the "Agency"). RECITALS WHEREAS, under the authority of Part III of Chapter 163 of Florida Statutes (the "Act''), the City has previously created the Agency, which has the authority under the Act to plan, coordinate, and cause the redevelopment of areas of the City determined under the Act to be "slum or blighted areas"; and WHEREAS, the Agency is now implementing "community redevelopment plans" for three (3) "community redevelopment areas" (as those terms are defined in the Act), and the City may, from time to time, seek to declare additional areas to be "slum" or "blighted" areas and to cause the Agency similarly to implement such "community redevelopment plans" within those additional "community redevelopment areas" to address the identified conditions of "slum" or "blight" in those areas; and WHEREAS, the County is of the belief and position that neither the City nor the Agency legally may create or designate any new "commwiity redevelopment area" without first obtaining from the County a delegation of power under Section 163.410 of the Act; and WHEREAS, the City and Agency are of the belief and position that the City has the power and authority legally to create and designate any new "community redevelopment area" within the City without first obtaining from the County any approval or delegation of power under Section 163.410 of the Act; and WHEREAS, the parties to this Agreement agree that the conflict between the differing legal opinions is better resolved through negotiation and discussion than by litigation; and WHEREAS, the parties agree that the establishment of Community Redevelopment Areas ("CRA"s) and Tax Increment Financing ("TIF") are effective tools for the redevelopment of slum or blighted areas of the City. 64126.DOC ~ . NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the County, the City, and the Agency agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the powers and authority granted to the parties under the Constitution and laws of the State of Florida, including expressly but not limited to the authority of Section 163.01, Florida Statutes, and the Act. Section 3. Current CRAs. a. The parties agree that the following existing CRAs, including but not limited to, the community redevelopment plans and TIFs therefor, were properly established and are properly operating: 1. Downtown CRA as created by Resolution No. 4912-H of the City Council ofthe City. 2. Downtown Core CRA as created by Resolution No. 88-1169 of the City Council of the City. 3. Ybor City CRA as created by Resolution No. 88-1178 ofthe City Council ofthe City. b. The parties agree that the existing Old Tampa Police Department Site (the "OTPDS") CRA as created by Resolution No. 99-0748 of the City Council ofthe City, including but not limited to, the community redevelopment plan therefor, was properly established and is properly operating. c. The City and Agency agree that, except as stated below, they will not modify said existing CRAs so as to increase the boundaries or duration thereof without the approval of the County. d. The County agrees that the City may exercise the authority as provided in Section 163.358(2), Florida Statutes, to modify the Community Redevelopment Plan for the Ybor City CRA, so long as the modification does not increase the area of the existing Ybor City CRA or extend the duration of the TIF therefor beyond calendar year 2015, and the modification provides that while the increment for the Ybor City CRA accruable to the County as provided for in Section 163.387 of the Act shall be calculated pursuant to Section 163.387 of the Act, the County shall, as consideration for entering into this Agreement, retain thirty percent (30%) of 2 such increment. By way of example, the modification to the Community Redevelopment Plan for the Ybor City CRA shall provide that the tax increment revenues attributable to the Ybor City CRA shall be paid into the Agency's Redevelopment Trust Fund for the Ybor City CRA in accordanc'e with the following: increment revenues from: (i) City - 100% (ii) all other taxing authorities subject to the increment payment requirement, except the County - 100% (iii) County - 70% (30% retained by County). e. The County hereby agrees that the City may exercise the authority as provided in Section 163.358(2), Florida Statues, to modify the Community Redevelopment Plan for the OTPDS CRA, so long as the modification does not increase the area of the existing OTPDS CRA or extend the duration of such Plan for more than thirty (30) years from the date Resolution No. 99-0748 was adopted by the City Council of the City. The modification may also provide for the establishment of a TIP for the OTPDS CRA so long as it provides that while the increment for the OTPDS eRA accruable to the County as provided for in Section 163.387 of the Act shall be calculated pursuant to Section 163.387 of the Act, the County shall, as consideration for entering into this Agreement, retain twenty percent (20%) of such increment in years eleven (11) through thirty (30) of such Plan as modified. By way of example, the modification to the Community Redevelopment Plan for the OTPDS CRA shall provide that the tax increment revenues attributable to the OTPDS CRA shall be paid into the Agency's Redevelopment Trust Fund for the OTPDS CRA in accordance with the following: increment revenues from: (i) City - Years 1-30 - 100% (ii) all other taxing authorities subject to the increment payment requirement, except the County - Years 1-30 - 100% (iii) County - Years 1-10 - 100% (0% retained by County) Years 11,..30 - 80% (20% retained by County). Section 4. Authorization of Specified New CRAs. a. The County delegates to the City all the Community Redevelopment Powers contained in the Act for the following specified new CRAs : I. Drew Park within the area indicated on the map attached hereto and made a part hereof as "Exhibit A." 3 " 2. Channelside within the area indicated on the map attached hereto and made a part hereof as "Exhibit B." 3. Ybor City New, within the area indicated on the map attached hereto and made a part hereof as "Exhibit C." b. The City and the Agency agree that the Community Redevelopment Plans, including any modifications thereto, and the TIPs for the foregoing specified new CRAs shall have durations of no more than thirty (30) years from the date the Resolutions creating the CRAs are adopted by the City Council, shall not be modified to expand their area, and the TIFs for such CRAs shall provide that while the increment for such CRAs accruable to the County as provided for in Section 163.387 of the Act shall be calculated pursuant to Section 163.387 of the Act, the County shall, as consideration for entering into this Agreement, retain twenty percent (20%) of such incremem in years eleven (11) through thirty (30) of such Plans. By way of example, the Community Redevelopment Plans for such specified new CRAs shall provide that the tax increment revenues attributable to each respective CRA shall be paid into the Agency's Redevelopment Trust Fund for the respective CRA in accordance with the following: increment revenues from: (i) City - Years 1-30 - 100% (ii) all other taxing authorities subject to the increment payment requirement, except the County - Years 1-30 - 100% (iii) County - Years 1-10 - 100% (0% retained by County) Years 11-30 - 80% (20% retained by County). Section 5. Procedure for Future CRAs. The City may propose future CRAs in areas not otherwise specified in this Agreement in which the taxable value of real property has grown at a percentage rate that is less than the percentage rate of the taxable value of all property in the City for the previous five (5) years. The City and the County shall negotiate the boundaries and duration of future CRAs and TIFs in good faith. The increment for such CRAs accruable to the County as provided for in Section 163.387 of the Act shall be calculated pursuant to Section 163.387 of the Act, and the County shall, as consideration for entering into this Agreement, retain twenty percent (20%) of such increment in years eleven (11) through thirty (30) of such plan as outlined in Section 4(b) above. Section 6. Hope VI Service Area. The City agrees to complete a redevelopment study of the Hope VI Service Area bounded fu h' by Osborne Avenue; East Columbus Avenue; North 15 Street; and North 34t Street by December 31, 2003, to determine the appropriateness of creating a new CRA. The City agrees to give reasonable good faith consideration to creating a new CRA in the Hope VI Service Area if 4 the redevelopment study findings support one. Section 7. Exclusive Authority of City and Agency to Operate CRA. Except as expressly provided in this Agreement, the City and the Agency shall have exclusive decision making authority for all CRAs and TIFs in the City, and shall be authorized to exercise any and all powers contained in the Act without approval from the County. Section 8. Term. This Interlocal Agreement shall be effective upon execution by all parties and shall terminate upon expiration or dissolution of all City CRAs. Section 9. Validity ofInterlocal Agreement. After consultation with their respective legal counsel, the City, the Agency and the County each represent and warrant to the others its respective authority and power under Florida law to enter into this Agreement, acknowledge the validity and enforceability of this Agreement, and waive any future right of defense based on claim of illegality, invalidity, or unenforceability of any nature. The City, the Agency and the County each hereby represents, warrants, and covenants to and with each other (i) that this Agreement has been validly approved by its respective governing body at a duly held public meeting, (ii) that this Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof (assuming the due authorization, execution, and delivery hereof by the other parties hereto), and (iii) that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers. Section 10. Remedies. The parties hereto shall be entitled to all remedies at law or in equity,. including expressly but not limited to injunctive relief and specific performance, in the course of enforcing this Agreement. However, no party shall take any action or be entitled to any remedy which would (i) prevent or disrupt the payment of debt service on bonds, notes or other obligations issued by any of the parties in a manner consistent with thi.s Agreement or (ii) prevent or disrupt the deposit of "increment revenues" into a "redevelopment trust fund" (as those terms are defined or used in the Act) which has been established in a manner consistent with this Agreement. Section 11. Amendment and Waiver. Neither this Agreement nor any portion of it may be modified or waived orally. The provisions hereof may be amended or waived only pursuant to an instrument in writing, approved by the City, the Agency, and the Board of County Commissioners, and jointly executed by the parties hereto. This Agreement shall be enforceable by, binding upon, and inure to the - .. benefits of, the parties hereto and their respective successors and assigns. Any party to this Agreement shall have the right, but not the obligation, to waive any right or rights, limitation or limitationsJ 'or condition or conditions herein reserved or intended for the benefit of such party without being deemed to have waived other rights, limitations, or conditions. However, any such waiver shall be valid only if expressly granted in writing. Section 12. Third-party Beneficiary. This Agreement is solely for the benefit of the County, the City, and Agency, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, either express or implied, is intended or shall be construed to confer upon or give any person, corporation, or governmental entity or agency, other than the parties hereto, any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof. Section 13. Nonseverability. The provisions of this Agreement are declared by the parties not to be severable. Section 14. Governing Law: Venue. This Agreement shall be governed by and construed in accordance with laws of the State of Florida, and venue for any action arising out of or related to this Agreement shall be in Hillsborough County, Florida. Section 15. Headings. The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to betaken into consideration in interpreting this Agreement. Section 16. Filing. Pursuant to Section 163.01(11) Florida Statutes, prior to its effectiveness, this Agreement shall be filed with the Clerk of the Circuit Court of Hillsborough County. Section 17. Effect of Execution. Notwithstanding any other provision of this Agreement, each of the parties to this Agreement reserves its respective position concerning the authority of the City to exercise the powers enumerated in the Act, and the execution of this Agreement by a party hereto shall not be construed as a concession that such party's position is incorrect. 6.'" ).",",: , WHEREFORE, the County, the City and the Agency have executed this Agreement as of the date above. ATTESTED:RlC~~ CLERK OF THE CIR~~~~€~...~ T \:: flORIDA ~~ :. SEAL J~ \. / I ..... ..' I ........-,# .-....:0:..:;;; Clerk to the Board of County Commissioners BY:~~Af'~ De uty Clerk / Approved as to Form: (1 (JJjjf))JJue Wi Assistant County Attorney Attest: ~~~~ // Secretary/Assistant Secretary The execution of this document was authorized by Resolution No. cRro-~- O?to,/ t /I~~j\L (-~~~~ ',"1' HILLSBOROUGH COUNTY, FLORIDA By: ~~~ rh/fr Chairman, Hillsborough County Board of County Commissioners CITY OZF .~~:F~~~, ,. 00. / ./' /' .~. / o_,~:::. " ..' ~ ' ~~~.-;~, /. \. .r'-.,- ....~ .~/ n ,/",.?,,' ';;'~_:--:-:='-"- - ~i.' ",.7 ...- ... ..'-' ...- _ ....- DICK A. GRECb,'1\1A YOR CO~TYREDEVELOPMENT AGENCY OF THE CITY OF TAMP A BY~~(~ftelli) Ch rma The execLdiOr. lit tillS l.1GcU!"~ier.t wa:i authoqz&c! by Resolubon N,.-, .:J . oJ, 7 (' - '-''-. \ ign~!ure) crtity Ano;ney o Chief Assist,!r.t eil)' Alt;rr;p" BOl\RD OF COUNTY COMrvl!j::i!UNtriS H!LLSBOROUGH COUNTY FLORiDA OOc;yMENTNo.03 - 031q 7 ',' "', .:(<i HILLSBOROUGH AVE. W. CRESi AVE w. SOUTH AVe. W.osaORNE AVE W. 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I ~ ..:-: .. f _ ~ I . _, " . l: _ I .... r I . I . I -. . , i."_ I ' . '.- I '. ,: ~ " i! ~ I i . .. . i :_1 ; I , ~ L-t..::; ~ Ii rf , : I! 'I ! : '-1 I. ;- "1;];1 '-. ,.. , , I , , / / , ...... . . Lee:al Issues in Community Redevelopment Great Cities of Florida Florida Redevelopment Association 2003 Annual Conference Tampa, Florida October 23,2003 MARION 1. RADSON City Attorney of the City qf Gainesville Special Counsel to the Gainesville Community Redevelopment Agency Gainesville, Flo~da ************************************************************************ COMMUNITY REDEVELOPMENT AGENCY I. Redevelopment of Slum and Blighted Areas A. Problems with redeveloping blighted areas. 1. Building density patterns. 2. Inadequate transportation and parking facilities. 3. Faulty lot layout. 4. Inadequate street layout. 5. Ownership and encumbrances. 6. Inability to acquire and assemble sufficient size property for redevelopment. (a) Unwilling Sellers (b) Economics B. Problems for cities or counties engaging in redevelopment. 1. Legal restrictions - no public purpose to expend public moneys for private purpose. 2. Lacks power of eminent domain to acquire property for private redevelopment. 3. Opposition to changes in zoning and comprehensive plans. 4. Lack of funds - no revenue source. II. Community Redevelopment Agency (C.R.A.). A. Authority - State Statute. Chapter 163, Florida Statutes (~~ 163.330-163.462) Constitutionality of statute upheld by Florida Supreme Court. The Supreme Court held that a C.R.A. is authorized to issue bonds to finance redevelopment projects, and that the expenditure of public funds is in furtherance of a public purpose. State v. Miami Beach Redevelopment Agency, 392 So.2d 875 (Fla. 1980). 2 . . .. , , B. C.RA. is a public entity created by city or county. 1. Governed by separate appointed body; or 2. Governed by city or county commission acting as the C.RA. 3. Charter County Creation of Community Redevelopment Agency: ~ 163.356(1), F.S., was amended to provide that a charter county having a population less than or equal to 1.6 million may create more than on CRA by a vote of at least a majority plus one of the entire governing body of the charter county. C. Executive director and public counsel. 1. Appointed by the CRA, or city manager or county manager acting as executive director. 2. Special outside counsel appointed by the CRA, or city or county attorney acting as C.R.A. attorney. D. Powers of C.RA. 1. Develop a redevelopment plan for the redevelopment area for approval of governing body of city or county. 2. Acquire real property and exercise power of eminent domain, if granted by governing body. NOTE: Supreme Court of Illinois held that taking of property for economic development (not to eliminate slum and blight) by a regional development authority from an automobile recycling facility owner for conveyance and use by an operator of a racetrack facility would not achieve a public purpose and was unconstitutional under Article V ofthe U.S. Constitution and the constitution of the State of Illinois. Southwestern Illinois Development Authority v. National City Environmental. L.L.c., 768 N.E.2d 1 (1112002). Cert. denied, 123 S. Ct. 88 (U.S. October 7, 2002). But Minnesota appellate court upheld condemnation of property for redevelopment purposes. Housing and Redevelopment Authority v. Walser Auto Sales, 630 N.W.2d 662 (Minn. App. 2001), cert. den. 123 S Ct 437 (2002). 3. Solicit proposals for redevelopment. 4. Borrow money. 3 5. Issue revenue bonds, if authorized by governing body. ~ 6. Dispose of real property at a value determined to be in the public interest. Ifless than "fair value" (not same as fair market value), approval of governing body after a public hearing is required. S 163.380(2), F.S. 7. Enter into contracts. III. Community Redevelopment Area. A. Governing body makes a finding that one or more areas have conditions of slum and blight. Pitfall: Needs proper foundation from the start. Landowners may challenge "blight" designation not only at time of adoption of original resolution finding blight, but also challenge the original finding of blight in a de novo hearing at a subsequent eminent domain proceeding, Rukab v. City of Jacksonville Beach, 811 So.2d 727 (Fla. Dist. App. 1st 2002) (Author's note: create and maintain good records) B. Determine area(s) that would benefit from redevelopment. Determination of redevelopment area is a legislative decision subject to the fairly debatable standard. Panama City Beach Community Redevelopment Agency v. State of Florida. 831 So.2d 662 (Fla. 2002). infra; JFR Investment v. Delray Beach Community Redevelopment Agency. 652 So.2d 1261 (Fla. Dist. App. 4th 1995). C. "Slum area" Pre 2002 statutory amendment (Chapter 2002-294, Laws of Florida): The area must have had a predominance of buildings or improvements, whether residential or nonresidential, which, by reason of at least one of several conditions, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and detrimental to the public health, safety, morals or welfare. Chapter 2002-94, Laws of Florida, as codified in S 163.340(7), F.S.: Restricts "slum area" to those areas with physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and which area exhibits one or more of the following factors: · Inadequate provision for ventilation, light, air, sanitation, or open spaces; · High density of population compared to the population density within the county or municipality, and overcrowding, as indicated 4 .' by government maintained statistics or other studies and the requirements of the Florida Building Code; or . The existence of conditions that endanger life or property by fire or other causes. "Blighted area" Pre 2002 statutory amendment (Chapter 2002-294, Laws of Florida): Either: (a) An area in which there were a substantial number of slum, deteriorated, or deteriorating structures and conditions that lead to economic distress or endanger life or property by fire or other causes or one or more of the following factors that substantially impaired or arrested the sound growth of a county or municipality and was a menace to the public health, safety, morals, or welfare in its present condition and use: 1. 2. D. 3. 4. 5. 6. Or: Predominance of defective or inadequate street layout; Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; Unsanitary or unsafe conditions; Deterioration of site or other improvements; Inadequate and outdated building density patterns; Tax or special assessment delinquency exceeding the fair value of the land; Inadequate transportation and parking facilities; and Diversity of ownership or defective or unusual conditions oftitle which prevent the free alienability ofland within the deteriorated or hazardous areas; (b) An area in which there existed faulty or inadequate street layout; inadequate parking facilities; or roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. 7. 8. (NOTE: for purposes of qualifying for tax credits authorized in Chapter 220, F.S., "blighted area" means an area described in paragraph (a)). Chapter 2002-94, Laws of Florida, as codified in 9 163.340(8), F.S.: An area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: . Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; . Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such condition; 5 · Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; · Unsanitary or unsafe conditions; · Deterioration of site or other improvements; · Inadequate and outdated building density patterns; · Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; · Tax or special assessment delinquency exceeding the fair value of the land; · Residential and commercial vacancy rates higher in the area then the remainder of the county or municipality; · Incidence of crime in the area higher than the remainder of the county or municipality; · Fire and emergency medical service calls to the area higher on a proportional basis than the remainder ofthe county or municipality; · A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; · Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or · Governmentally owned property with adverse environmental conditions caused by a public or private entity. The definition is further amended to provide that the term "blighted area" also means any area in which at least o'ne ofthe factors identified above are present and all taxing authorities subject to 9 163.387(2)(a), F.S., agree, either by interlocal agreement or agreements with the agency or by resolution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. (NOTE: the subsection is amended to provide that for purposes of qualifying for the tax credits authorized in Chapter 220, F.S., "blighted area" means an area as defined in this subsection.) NOTE: In Panama City Beach Community Redevelopment Agency v. State of Florida, the Supreme Court validated redevelopment revenue bonds that involved undeveloped open or vacant land based upon the definition of "blighted area". However, the definition of "blighted area" was amended by Chapter 2002-294, Laws of Florida, enacted during the 2002 session. V. Resolutions, Ordinances, and Notices. Steps Necessary to Create a Redevelopment Agency 1. Resolution finding slum and blight in a certain area of the community. · Legislative function subject to the fairly debatable standard. Panama City Beach Community Redevelopment Agency v. State, supra at 669. 6 . Finding of Necessity: Section 163.355, F.S., was amended to clarify that no county or municipality may exercise the community development authority under Part III of Chapter 163 until the appropriate governing body has first adopted a resolution finding specified facts. The new amendment requires the resolution, which must be supported by data and analysis, include a legislative finding that the conditions in the area meet the criteria of either "slum area" or "blighted area" as defined above. 2. Public notice of intention to create a redevelopment trust fund. 3. Notice to taxing authority. . Fla. AGO 2002-60 opines that a taxing authority may not voluntarily waive the statutory notice requirement. 4. Resolution declaring governing body as C.R.A. 5. Ordinance creating C.R.A. . Maximum Number ofC.R.A. Commissioners: Section 163.356(2), F.S., was amended to increase from 7 to 9 the maximum number of allowable commissioners on the CRA board. 6. Resolution approving a redevelopment plan. . Modification of a CRA.~lan: In addition to requiring the governing body to hold a public hearing on any modification to a CRA plan, a new subsection (3) to Section 163.361(2), F.S., was added to provide that, in addition to the notice requirements provided in Section 163.346, F.S., prior to the modification to a CRA plan that expands the boundaries of the area or extends the time certain set forth in the plan, the CRA shall report the proposed modification to each taxing authority. . Contents of the CRA Plan: Previously, Section 163.362(10), F.S., required that CRA plans include a time certain for completing all redevelopment financed by increment revenues, not to exceed 30 years. The amended provision requires that for any CRA created after July 1, 2002, the time period for completing all redevelopment financed by tax increment revenues must occur no later than 40 years after the fiscal year in which the plan is initially approved or adopted. 7. Ordinance establishing a redevelopment trust fund. Chapter 2002-294, Laws of Florida, as codified in 9 163.387, F.S. now provides: . A community redevelopment trust fund shall be established only after approval of the CRA plan. 7 ~ · For any CRA created after July 1,2002, each taxing authority shall make the annual appropriation for a period not to exceed 40 years after the fiscal year in which the initial CRA plan was approved or adopted. · Revised the exemption for special districts and deleted the exemption to those special districts created prior to July 1, 1993. · Deleted the required date by which a local government must establish procedures by which a special district may submit a written request to be exempted from contributing tax increment revenues. · Clarified that moneys in the redevelopment trust fund may be expended for a list of undertakings of a community redevelopment agency "including, but not limited to". These purposes include, for example: administrative and overhead expenses; planning costs; acquisition of real property in the redevelopment area; repayment of principal and interest for loans and bonds; and the development of affordable housing. v. Tax Increment Financing (TIF) - The Key to Community Redevelopment (~ 163.387, F.S.) A. TIP - Incremental increase in ad valorem revenue over the tax base in the redevelopment area established as of the date of adoption of the ordinance creating the trust fund. B. TIP - Moneys deposited in. the trust fund are dedicated to pay any indebtedness, including revenue bonds and notes. C. Debt does not constitute a debt of the creating governing body or the state. Revenue bonds are payable solely from TIP in the trust fund. D. Calculation of TIP: Current Assessed Value - Base Year Assessed Value (Remainder) x Current Millage = TIP E. Underlying theory: Increase in assessed value is attributable to redevelopment activities. F. For any CRA created after July 1, 2002, taxing authorities are only required to make appropriation to the CRA for a maximum of 40 years. Chapter 2002-294, Laws of Florida, as codified in ~ 163.387(2)(a) G. Current issue: In an expanding redevelopment area, is the assessed value of the expanded area calculated back to the original date ofthe establishment of the original trust fund or the date the expanded area is included? 8 Author's opinion: date the expanded area is included. VI. Requests for Proposals for Redevelopment Projects.. 1. Notice of invitation to submit proposals. 2. Request for proposals. VII. The Development and Disposition Agreement. A. Negotiate the development of the property. FACTORS: 1. Project financing. 2. Specific type of development and use of property. 3. Time tables for commencement and completion of construction. 4. Government commitments: (a) Infrastructure (b) Zoning Caveat: Unlawful to contract away police powers. Hartnett v. Austin, 93 So.2d 86 (Fla. 1956); Chung v. Sarasota County, 686 So.2d 1358 (Fla. Dist. App. 2d 1996); agreement to support rezoning is unenforceable. Morgran Company v. Orange County, 818 So.2d 640 (Fla. Dist. App. 5th 2002); . (c) No Waiver of Police Powers. To avoid contract zoning issues, it is advisable to expressly state that any agreement does not confer any development rights, and that the local government does not waive its police powers. 5. Fayade or other easements or property rights. 6. If conveyance of property by C.R.A., consider use of right of reverter and restrictive covenants to limit use of property or return property in the event the proj ect is not commenced.. 7. Penalties or other remedies for late or lack of performance; and incentives for early or superior performance. B. Written agreement. 1. Development agreement. . . 2:. . Fayade easement. [Appendix A] . , 9 ... 3. Air rights easement. [Appendix B] 4. Interlocal agreement for services. 5. Interlocal agreement for lending of funds. [Appendix C] In Fla. AGO 2001-30, the Florida Attorney General opines that a city may lawfully loan money to a C.R.A. for the purpose of making a loan to a private business; In Fla. AGO 2002-52, the Florida Attorney General opines that a city may lawfully make an interest-free loan to the C.R.A. for projects declared by the City to be a public purpose. 6. Incentive programs. CRA rebates to developer TIF attributable to a project that meets certain desirable criteria, i.e., meets numerous goals of the plan (Appendix D). VIII. Hot Topic A. Police Services. Issue: May tax increment moneys be used to fund "additional" police services in the community redevelopment area? k Author's opinion: Yes Authority: 1) ~ 163.370(1)(P), Power ofCRA's: "to develop and implement community policing innovations"; and 2) ~ 163.387 (6) provides that trust funds may be expended on a non-exclusive list",i.e., "including, but not limited to..." L~apter 2002-294, Laws of Florida Caveat: The power to approve the development of community policing innovations remains with the city or county governing bodies. ~ 163.358(5) B. Advertising Issue: Whether it is a legitimate use of CRA funds to advertise and promote the CRA district? Answer: Yes, in the 8th Judicial Circuit. Authority: Adams v. City of Gainesville and the CRA, Case No. 2001- 1560-CA, Div "J", decided December 11, 2002. Held: The expenditure of money by the City and CRA for a promotional campaign for the downtown redevelopment area was for a valid and proper public purpose with only an incidental benefit to private enterprise. OL-It; ~ I~?; .181- ~ it eJJG fJ6/.1 ~un~ h:J- 10 IX. Conclusion. C.R.A. can be a catalyst for development of undesirable areas (from the perspective of developers) due to location, inadequate infrastructure, or economic conditions. TIF can be leveraged with other public/private funds to generate an incentive package that is attractive to developers. Community as a whole can benefit from an enhanced tax base and the elimination of slum and blighted areas. 11 TABLE OF AUTHORITIES CASES Adams v. City of Gainesville and the CRA, Case No. 2001-1560-CA, Div "J", decided December 11, 2002...................................................................................... .................. 10 Chung v.Sarasota County, 686 So.2d 1358 (Fla. Dist. App. 2d 1996)............................... 9 Hartnett v. Austin, 93 So.2d 86 (Fla. 1956)........................................................................9 Housing and Redevelopment Authority v. Walser Auto Sales, 630 N.W.2d 662 (Minn. App. 2001), cert. den. 123 S Ct 437 (2002)..................................................................... 3 JFR Investment v. Delray Beach Community Redevelopment Agency. 652 So.2d 1261 (Fla. Dist. App . 4th 1995)................................................................................................ 4 In'veI/11 ~ Morgran Company v. Orange County, 818 So.2d 640 (Fla. Dist. App. 5th 2002)............. 9 Hh/ItI' Panama City Beach Community Redevelopment Agency v. State of Florida. 831 So.2d ~. 662 (Fla. 2002) ............................................................................................................ :1, 6 ~/~ Rukab v. City of Jacksonville Beach, 811 So.2d 727 (Fla. Dist. App. 1st 2002)............... 4 Pr~ Southwestern Illinois Development Authority v. National City Environmental. L.L.C., 768 N.E.2d 1 (Ill 2002). Cert. denied, 123 S. Ct. 88 (U.S. October 7,2002). ................3 State v. Miami Beach Redevelopment Agency. 392 So.2d 875 (Fla. 1980) ...................... 2 STATUTES S 163.340(7)......................................... ........... ...... ........ ..................... ....... ........ ............ ...... 4 . ~ 163.340(8)........................................................................................................................ 5 S 163 .356( 1). ....... ...... ..... ..................... ............. ................................... ..... ..... ........ ..... .......... 3 ~ 163 .358( 5).............. ..................... .......... ................ .................... ............. ......... ..... .......... 10 ~ 163.370(1)(p)................................... ............... ......... ................................ .............. ........ 10 ~ 163.380(2)........ .......... ...... ................... ....................... ......... ......... .......... ........... ............... 4 ~ 163.387 (6)....... ~. .... .... ...... .. ... ... .. . .. .. . .. .. ........ ... .. ... .. .... .... . ........... .. . .. .... ...... .. .... ....... ... ..... 10 S 163.387(2)( a) ............................................................................................................... 6, 8 ~ 163.387, F.S. ... ..................... .......... ............. ............ ..... ........ ............. ........................ ....... 7 ~ ~ 163.330-163.462......................................................................................... ................... 2 Chapter 2002-294, Laws of Florida ........... ...... ......... ................................................. passim Chapter 220, F. S. ............................................................................................................ 5, 6 Section 163.346................................................................................................................... 7 Section 163.355................................................................................................................... 7 Section 163.356(2) ............ ..... ......... .................. ........ ................ .... ............ .......................... 7 Section 163.361 (2) .............................................................................................................. 7 Section 163.3 62( 1 0) ...........:................................................................................................ 7 OTHER AUTHORITIES Fla. AGO 2001-30 ............................................................................................................ 10 Fla. AGO 2002-52 ............................................................................................................ 10 Fla. AGO 2002-60 .. ........ ........ ... .... .... ... ............ ... .... ..... ................ .............................. ........ 7 12 ( ~. l,' ..I _._...,. ...._...._.. .. ._n. n.._.. ",-- " ,- I' " I , ( , . , j , i , ~ . ~ , . . '. I ; '! ......!.... ",".. " " ',-, "11.~". .......::-:.>-. -, ::-.-....~... """"-"1._.. ...........-.. ~is-fustIument Prepared By: .' ", / City of Gainesville, Florida / PO Box 490, Sta. 48 : Gainesville, FL 32602 . '_. ~.'" '. ", .-..-._.-.-.-.~......,..- '--.. ......... "-- -'. ". "\:~"'" . . . . . , . , , , . , ~ ... i \. i I.. Tax Parcel No. 14565 & 14567 ;-... Section 5, Township 10 South, Range 20~st '> ,,- ........ . ". ,0 .'~' .. "r " ;'0 L. ,'- RECORDED IN OFFICIAL RECORDS INSTRUMEN\ # 1688989 6 P6S 2000 JUN 23 10:57 AM BK 2297 PG 2532 J. l<. "BUDDY" IRBY CLERK OF CIRCUIT COlRT ALACHUA COUNTY,FLORIDA CLERK3 . Receipt~019562 p-D 0.70 By: __ _____-:D.C. " .... " ,.ro' ,." ...............-...,,-. ---'.'-. /. .......................... FA,9AJiB<<SEMENT ~~ .rA~E EASEMENT. made this :l/1l'~ of -::r\'". _ , 2000. by McGurn .-.- Investmen~C<lfupany. whose post office address is P.O. B~~ 2900. Gainesville, Florida (GRANTOR) and GAINESVJI.J.E COMMUNI1Y REDEVELOPMENT AGENCY. a public body corporate and politic of the State of Flqr{da and the designated Community Redevel*n1ent Agency of the City of Gainesville, whose post office addr~\ is P.O. Box 490, Mail Station 48, GaincsVmcf. Florida 32602 (GRANTEE). . . '. \~~"'" . .' ........'..... ..,i . '. '. '_ ..., Reclfals ~', ..~.~.; ".. ......... ............. ~.' . GRANTOR and O~Eit3:ve"executed an Agr;einent for Deve}~pment of Property (AGREEMENT). dated August 24, 1998, wh'hejn GRANTOR has a~~d'io convey a Fa~a4e'..~sement on the property to be developed as "Union Str~l-Station.:.!ocatetrat 201 SE 1st Street;.~d "". ............. -"'" GRANTOR and GRANTEE desire to set forth the t.~S'-and conditions ()fthe Fas:ade Easement in this .' . agreement; ............. ,"'."-" \. r',. .......... -..-.-..... -'-" .... In consideration of the c~rc:~;'c~~ditions and a~eetfte~ts contained in 'tlf~ AGREEMENT and as contained below. the parties agree a~.,.foUows: ..-......1 ~ \ \, \ .._,- ,..,- i ii"; "..... 1 I . " 1. .The foregoing recitals ai:,~ i7orporated here ,y.. reference as though fu~}Y s~t forth as the agreements of the parties. . ", i \ ~. .' ! ". :. '.. I, ....-: 'I 'I' ". ".. .J'p I 2. GRANTOR grants to G~E , an easement ~r'i1i~pmpt5s'e"~f ensuri~ th~"'preservation and maintenance of the Union Street Station Building Fa~a-d~ located upon th~_ft)l1owiPg.~described property in Alachua County. Florida: '-'-... .-....-,' !'\ -"'....... .' , . , '. I '. All of Block Four (4), Range One (1) of the Map of Gainesville, Florida, ~s record~ in the ~blic Records of Alachua County, Florida, in Deed Book "B", Page 383, less tJ\e right-of-"ay for Second Avenue as recorded in Official Records Book 208, Page 150; together fith that i>.~,c5~the forty foot (40') street lying between Block 4, Range 1 and Block 5, Range 1 of~ginalpaineS~\le as per Deed Book "H", Page 383 of the Public Records of Alachua County, Floyaa, c10sfi by City"ofGainesviUe Ordinance #2304. . ...' l ............ .."'. ..;.... ............ .1 ............ 'i...., ........... ..:..... ~ -. ~..~..-.. .....~ ~.... .~ .... APP ~ ND IX ,,~.;.:. -.~-:::~:-.;::::~:~~.. \. '\ ..'- .... ---- ---~_.._._.- ~. .........,... .,..''''.' .,. ..-......... ) " /./_....__._-_....."._..~. nmCI~L RECORDS Ih~TRUMEN1 ~ 0001688989 6 MS ./~ "'. 1,,,- ...................'..- '.'. "" ..... ~ /r~ ~, I ./'" """:>" l .... . .. i J:" The term of this easement eonunen~;;'; with the execution date hereof and continues for a period not less that j .... 20 years from the date of substantial coi}ipletion of Union Street Station, or the life of the GRANTEE'S r I obligation to pay the Grant Award pursqa~t to the AGREEMENT, whichever is longer. !~ . : . 1 \ \ ~ 4. The Union Street Station Building F.ayad'~ will be constructed substantially as shown in Attachment uA" \.. \ which is made part of this easement bl refere'~e.":. \. \. ... ........ . \_" 5. GRANTOR shall be solely respbl'!:>il5l~ for the construction, maintenance and preservation ofthe Union ....:.-$treet Station Building Fayade aQtl.ahall indemnify and hold the GRANTEE and the City of Gainesville, their "'~tG.ted and appointed officials, e~ployees and agents harmless from aU costs, attorneys' fees and claims of da~.to.p....~son, property o~.~r.~J1li$~.~.r~~ulting from the construction, maintenance or preservation of the Fa~de. ........." .::i' .......,. ......-.-. ,........ '--.. 6. GRANTOR ~r{~il at all tim:.~..maitrtiin.tfiera~i~ good repair and in safe condition. GRANTOR shall also comply w\1h aU othe~.1.aws, ordinances and regulati.ot}s pertaining to the construction, maintenance and preservation 01 the F!l.a,rc1e. \:.... ; ~/ \\ .. ,oo I .. 7. GR.ANioo/shaU provi'de GRANTEE with a certificat~. ~f insurance eviden~ing GRANTEE as an additional ~arped insured to the extent of GRANTEE'S int~r~st in this Fayade Easement. Furthermore, Grantor shall main~iIj. the certificate in full force, and provide evi;e~ce when requested, for the duration of the E ~ i . t asement. '; ; ... r . \":. ' .r' :- 8.' In the e~~~~ of damage resulting from' casu~l~'f~ss tol'n extent requiring repair or reconstruction o~th~ Fayade, any repii-r or reconstruction shall 'ge-stibject to the provisions of this easement. "'- .... ......... . ..- -. .....-. .-...- " 9. Without the prl();~~p;e'ss~:itten consent oft1>~'ciRANTEE, GrV.;NrOR will not undertake nor permit to be undertaken, any alte?atiQP.., modificatioI!!_~n1itruction, remode1in!, '~xtension, demolition or reconstruction of the improvements on the property;'wfiich would materially al!,er-or c~nge the appearance ofthe Fayade during the life of the easement. ........-........-.... ......... ....-. '. 10. GRANTOR shall hav.e the right to insYill'bi.'iilding and tenantsi~~"&e.il-k long as such signage meets all applicable signage ordin~c~s of~e-e~' of Gainesville,jnah:iafng the Do~own Advisory Design Guidelines. '" '.. .-.-' .-., ..- '" ". ", .- ,., \ \ 11. GRANTOR shall have '\pe right to ins~n.HV ~t and other equipment on1jthF roof of the building as long as it is located or screened so a\to mi!}imi'ze the vie"'!'Pfthe equipment from th1 aliJoining public rights-of-way and the ground floor of adjoin~ng..properties. No ~.rl~enna, dish or other equ.i'Pm~t shall be installed that will . substantially change the view 6f \he roofline from ird"JQining public rights..<l'f-way. and extend'more than 15 feet above the roofline; except with t~ written permissidJ}. "Of-tbe G~E. The GRANTEE acknowledges that the 25-foot lighting rod required for the building which.is ~urreniiy located o~l"fue ~~'I:,theast stair tower is hereby permitted. ....,."... ! .... -..~... .-..-' : -'. . -"",to. _..... .: '.. 12. At the GRANTEE'S sole discretion, the GRANTOR may be permitted to ma)Ce sucli.,alterations, modifications or remove the improvements, when the GRANTEE determines ~t granting such permission would not undermine the goals set forth or referred to in the AGREEMENT. / .... J' \ ,. ,flO.... -. , . .. .,~. " 13. If the GRANTOR fails to maintain and preserve the Fayade, GRANTOR agreelto a re~ction in the Grant Award in proportion to the amount ofimprovements and the length oftitfte the improvements are not maintained relative to the required maintenance period as set forth in-the AGREiMENT. ...._ .. 1-'. ,..;\ .......... I \ \, .... .......... ..-...... ~.. ; '. f. ......_.. .._..~ "-".. .- 'e. \. .-_._..-.-.~.....-.--_.- -_.<:::::~~:::::~.,. \ ' I. ",_ --.. I. ... '. \. ................... .-... ""h. '_._" ..-., '- .,,' ", ,.' ..................'..........- ....... ~" l' '''- ". /' ,........ ....... "'. .~ ". t' ....-' ". ... i JA. GRANfOR has mortgaged the Uni~~ Stree' Sta.ion property '0 Firs' Union National Bank and this F.yade I lEasemen' is subjec' to such mortg.ge. IiillANfOR has assigued its righ', ti.le and interes. in the i (AGREEMENT to First Union Nation.1 t\#< as .ddition.l colla.eral with the consen' of GRANTEE as \: evidenced by the certain Consen' d..ed ~o\(,ember 24, 1998 recorded in O.R. Book 2217, P.ge 2732 of the \. Public Records of Alachua County, Flonda.\ . ~. l, ! .... .. "\ IS. GRANfOR may crea.e one or m/re c~~iniums on .11 or . portion of the Union Stree' Station property \\ and any Declaration of Condominiuln yro1 be subjec..O the provisions of this F.yade Easemen'. '. '. : , ". '. l ,1" '1Q,.l3RANTEE acknowledges tha( GRANfOR may retain the righ"o paymen' of the Gran' Award under the A~ notwithstandin~ !\l!ll1:.'LlJ.nion Stree' Station property has been decl.red · condominium. ............ :::: J'......... .............. 17. GRANTEE .gr~~~Jlo..o amend or .ccep" sil,..,nder of this F ."de Easemen' withou' the prior written permission of G~OR. .............- ..........-...-. '->" I .......... -..,..... 18. In the evei' ofa ~,l'i~1t IDlder this F.y.de Easemenl;.JI!e parties shall be entitled.o.1l rights .nd remedies set forth in t1je A9REEMENT. "",\ , ' ~ ~ j ~ ; ~ 19. No pro-lisj6n of this F.yade Easemen' nor any .ct of tr,b l:ity of G.inesville or GRANTEE sh.1l be deemed or conslrUe4 ~y any of the parties, or by third parties, '0 cr;a'!' any rel.tionship of third-p'rty beneficiary, or of princip.l or~~en', or of limi.ed or general partnersbip, ofof loin' venture, or of any .ssoci..ion or rel..ionship involving th~.~ityofGainesville or GRANTEE. ./ i. . . J' ' . . . . ". .... . ....,. . . 20. All notice~~Ursuan"o this F .yade E..~.nl'shall b, by certified m.il, return recelp. r~uesled, .ddressed th fi 11 . ,..... .-' I to e 0 oWlng: .... -'" ............ ,. .. ......-..,--..'. .. " ...., '~'-"" ~ .' . If to GRANTE~:" Executive Dil'ec{or .i ' ~...~ ' . "-'CctmmunliY Redevelopment Ag~CY . P.O. Box 490 ............ . Gainesville, FloriOa .32'602 . ................. .' 00.' -. " ..... . -.... .... with a copy to: {~........ cj~-Att~mey.s Office .............. '\\" ". '."'1>.0. Box 1110. _ ,.......... ........ \. G.ines~I]s.-F1"'* 32602 Ii \ Ifto GRANfOR: ' " l/;G;;:' Investm~\ Company ! , '.' . , ; r ". 1! .0. Box 2900 \ \ ..' ; \.oainesville, Floridi'32602 ....J'.... ( ". .....-. ....-..., ) ::\ "- . '. '. . 21. The .erms of this F.y.de Easemen' shaU be con,m;~ in .ccordance wjtli'ihe I.~~.,of the State of Florida. . -'-. ....., :.... . -,.~. ...... : '.. 22. All provisions of this F."de Easemen' shaU coostrued to be covenants runn\#g witJi.,the land and with every part thereof and in.erest therein, and .U provisions sh.U be hinding on th~'parties h~lo. and on their suceessors and assigns, specific,Uy including any condominium associ.tions ot eondnminI\UD uni. owners. All pres en' and future condominium uni. ownerS and condominium associ.ti~h'U be p'~',lo and comply with the provisions of this easemen~ ! i \) / J' . l ..-.... .. \:\ ..._....-.. i '.~~....... ". '. ........... i.. . . '. ..........-.... ...... ....... ' '. \ . ......... ......:......- ,; \, \., ..,..../'..--.-- .~... .::::::-:....... \ .. .... GffICIAl RECORDS INS1RUMEN1 ~ 0001688989 6 p9S \( ../"'~"_'-"-'-"'.'-'_'___" BmClfll REffiRll'3 IN81RlIMEN1 U' 0001688989 b pgS .'.'" "'. t~ ........-.....'.......-.... ........- "-.. .' .' ......, .... e '. I IN.~s V/lIEIU)OF. ihe said ~R bas caused these presents to be executed under seal on the day . ,i ;riid year aforesaid. \ \. j I \\ i I ~ t. f ; . Signed, sealed and delivered } \ \; in the presence of: t. ....... ~ I . '-. . , .f . ~~ ~ ~l ~ ""."" ........ .... .. .........,... ."'.-.~........ ... .-..........-.-. J.J' .' " ,...~.. ......... ............... ..........-..,-. .~:::..... I., '....... STATEOFELORJl)A.' \\ COUNTY cfr ~CHUA \\ i / ~ ~ :J.p:1d The foregoin~instrument was acknowledged before me th~ 'Vol. <I- day of ~ i--<-- · ~. by Kenneth R.\1-1cGum. Presideot ofl'deGum Investment Cojuriany. a Florida Cd{pontion, on behalf of the COIjlOIation\~.~ is personally known to me. ,/,/ / .~ a ' / \ '. __PUIOC-s,.,eo''''''''''' ...- i _ .. ~ if ~ '. .. MAAYAAHI<ELLY ..... .,'" " . 'e " COMloll:SSlON' CCI24013lt.'.' " '. ..... EJ(PlRf1l ...-. .' ~ _. ~.~ J ". eElNDED,1J:lRUo~ 1.eee-HOTAAY'l .: " .' .'-. , / ~\ -~ ~ .....-'- ;. .. (j;i;;)?ta~~';;-:--",~...,..,....../'/// \'. ~ ;=:~l1e. FL (~""... ..' .......-... ...--...........--...-.<......,.. \ ._..~J .. . - ....... ........ .... ......... ~ ~ " .... ._., ..-.- i ~ I ". '. ....- ~ " . . '. . (". \1, J ~ . '. '. . ; \ \ \\ G~cow.roNITY "._~ \ 'I."., REDE~LOP~ AGENCY ......... e..._....~_..... ./ :"001\' .'", . I' -, . -'--.. w;;.e'1:;:;;t.~~~ . . , . J' \ , . ; .... l '. ,I' .".. ..,..... .... 1 I .... /; ... "-:' ._,.' l' ..- . 'r"~ ............... /- \,........... ... ....... .......... ~.. .... ....-' -............:-... -. ;. '" \. .....--..........,...,. ....<:::;:::::~... \ \ ~ ,~ \ - ., t. Accepted and agreed to: Witness: (hiJ~L?OAAtuIYl (US5'RevFa~de2.docI) ., ., 1 . .+ - . _ __c,~-=,:,'.:.:::~~.- . _'__' _e. __ . - ..:JlITlD1 & D(rOOr\DHIQTDI UJ.DJL * llMiLOOOOQ L ~_-:::.:-_______.-.:.:~ __"_~__M_-_-.LlfS..llill1LJ1Ll.illi\lliL-.1.U\.l.illUUUH -tt UUUl.0001o-J 0 pgS ~ \ j~ Ii ..;......... I ......-.. .t.~ ' .... (2il~wiitNE,~ lrl~$Q'" 1 UNION STREEt....BUILDL'lG .... 'hw.~RUSSEtr..':::xg"}i~ ...... )Icl:\IRlI JII'ltS"Mll't.COllJ'l.!ft ........- I.... DAVIS !~~ ,;! . \ ~ ""~ .... ~ C! ~ J,~[CI II(. ;J a Ii: "-, \. -. -. ". ... i ........:. W' ?n l~'.- 18' o 1! ~ "",AlOlI ,>-" ... i :1:.1; 1\ ~ ~ n :x: :3: r>1 :z -I ~ ._._....- ..._ .. ._._ ......_..~..,. ._. _ .__ -'--jffiffif\L.EIT$illiJ~nW\lliEffi~9 L .._____ ..... ",,':'. __._ ._.:.::.:..__......~_ ___ ____.:...=.---- _ . t,; - 0 P9S ~__----------~~.-....... ~__-_-~--- _ . u ,. '. '-<:>'" \ I 1 \ i ; . \ I , J<ronl' do ~ ~ ~ 1'\ : I \; Ii 'f! K I l'/ tntS I i' : iilti I ~-:l ii_ ~ !~rmp~ _ 1\ I . l!llMWc i i jl "'. , , ! e. . . , , : .... : I, t '.. , .... , '.. " .... -'........ . " '. ~ /' 'I" .... . ~ f\ ~ ~ . \. ~ ~ \ n ~ \ \ 1 \~ l \ 11 I I I jli t Ii l~ p~r ,''\ r-= .' '0 '. ._', , r _J'- ... ", '. '. .......... . .(.. ; '. . ,,-J.~Ii~.EUGB?iE;..::.-~.u.!..~[j\ i UN10N STREd..~Ull.DlNG ~ JlP,JRUSSEIL "m,.J .... )lc:GUllll ~,.t.lIPJ.lff ............. ~=- ,,;,DAVIS n~tI....._..... '-' / J ~ t! ~ AAQi1tcr tiC. U'" : '. . ..... { "'<~::. , ~ -I ~ o' X ~ :z: -I ~ - , This instrument prepared by: City of Gainesville P.O. Box 1110 Gainesville, FL 32602-1110 Easement for Air Rights. This agreement ("Agreement") is made on -'1lllllQ.h ) I ~ 1999, between the Gainesville Community Redevelopment Agency, a public body corporate and politic ("Grantor") and McGurn Investment Company, a Florida Corporation ("Grantee") Recitals Grantor and Grantee have executed an Agreement for Development of Property, dated August 24, 1998, wherein Grantor has agreed to convey an easement for air rights to accommodate an over-street walkway between property to be developed as "Union Street Station," located at 201 SE 1 sl Street and an existing parking garage, located at 220 SE 2nd Avenue; and pursuant to ~ 163.380, Fla. Stat., Grantor has advertised for and accepted proposals for the use of the air space, and has approved the proposal submitted by Grantee; and Gra1.1tor and Grantee desire to limit the use and occupancy of the airspace to a pedestrian . . walkway under the terms and conditions set fort~ .in this agreement; . . In consideration of the covenants, conditions and agreements contained below, the parties agree as follows: 1. The foregoing recitals are incorporated here by reference as though fully set forth here as agreements of the parties. 2. Grantor grants to Grantee an exclusive easement appurtenant ("Easement") in certain air rights for the benefit of Grantee's parcels and use by Grantee for the construction, operation and maintenance of a pedestrian walkway within the area described as follows and as further depicted on Attachment "A" to this Agreement: Air rights comme!1cing 17.55 feet and ending 45 feet above the highest point on the street lying within the following described parcel of property ("Premises") lying and being in Section 4, Township 10 South, Range 20 East, Alach~a County, Florida: Commence at a found nail and disk marking the southwest corner of Block 4, Range 1 of the Map of Gainesville, Florida, as recorded in Deed Book "R". Page 383 of the Public Records of Alachua County, Florida and the North Right-of- Way Line of Southeast 2nd Place; thence along said North Line North 88 degrees, 44' 25" East a distance of 207.76 feet to a found nail and disk marking the West Right-of-Way Line of Southeast 2nd Street; thence North 01 degrees 52'24" West a distance of 171.70 feet to a found nail and disk marking a point on the South Right-of-Way Line of Southeast 2nd Avenue and the Point of Beginning, thence along said Right-of-Way Line South 88 degrees 54'57" West a distance of 7.86 APPENDIX "B" " feet, thence North 11 degrees 32'28" East a distance of 68.59 feet to the North Right-of-Way Line of said Southeast 2nd Avenue, thence along said Right-of- Way Line North 89 degrees 01'47" East a distance of 17.41 feet, thence South 11 degrees 32'28" West a distance of 68.56 feet to a point on said South Right- of-Way Line, thence along said Line South 88 degrees 57'02" West a distance of 9.56 feet to the Point of Beginning, containing 1,165 square feet more or less. Grantor also grants to Grantee reasonable rights of ingress and egress upon the Premises as are necessary for the construction, maintenance, repair or replacement of the walkway, subject to normal coordination with the City for any necessary closing of all or part of the street. The Easement shall remain in existence unless terminated as provided in this document. 3. The term of this Agreement commences with the execution date of this Agreement and expires in accordance with the provisions contained in paragraphs 9 and 10 below. 4. Subject to the rights of Grantee pursuant to the terms of this Agreement, the City of Gainesville, its successors and assigns, reserves the right to the full use and enjoyment of the Premises for use as a public right-of-way. 5. Grantee shall be solely responsible for the use and enjoyment of the Easement and shall indemnify and hold Grantor and the City of Gainesville, their elected and appointed officials, employees and agents harmless from all costs, attorneys' fees and claims of damage to person, property or premises resulting from the use, occupancy and possession of the air rights over the Premises by Grantee or the rights of ingress and egress over the Premises as provided in paragraph 2. 6. Grantee shall provide Grantor with a 'certificateof insurance evidencing Grantor and the' City of Gainesville as additional insureds on Grantee's comprehensive liability insurance policies prior to Grantee commencing construction of the walkway in amounts satisfactory to Grantee. Furthermore, Grantee shall maintain that certificate in full force, and provide evidence when requested, for the duration of the Easement. 7. Grantee shall at all times maintain the walkway in good repair and in safe condition; furthermore, Grantee shall also comply with all other laws, ordinances and regulations pertaining to the location, use, and occupancy of the walkway. In the event of an emergency where the walkway is damaged in a way that imperils the public safety, the City, after a reasonable attempt to notify Grantee, may repair or remove the walkway and charge Grantee for such repair or removal. Grantee agrees to pay for such emergency repair or removal within 30 days of receipt of invoice. 8. . In the event the Premises are subjected to ad valorem taxation or fees by any governmental entity as a consequence of this Agreement, Grantee, upon receipt of Grantor's written notice and demand, shall promptly pay that tax or fee and provide Grantor with evidence . of that payment. Grantee may however contest the imposition of ad valorem tax and Grantor shall cooperate with Grantee in any such contest. . . ... .' . 9. In the event of substantial destruction of the walkway, Grantee shall serve Grantor with written notice of Grantee' 5 election whether or not it chooses to rebuild the walkway and of its need to use the air space which is the subject of the Easement. If Grantee elects not to rebuild the walkway, or if Grantee does not so elect within 90 days, or if Grantee does not commence to so rebuild within 12 months of the date of destruction, or if any Mortgagee or Condominium Association does not elect to cure pursuant to paragraph 12 below, the Easement and any rights 2 that Grantee shall possess by virtue of this Agreement shall automatically cease and terminate without further notice. 10. In the event of Grantee's noncompliance with any of the specific conditions and restrictions contained in this Agreement, Grantee, upon receipt of Grantor's written notice and . demand for compliance, shall provide Grantor with evidence of Grantee's compliance within 90 days of said receipt. If compliance cannot be reasonably completed within said 90 days, Grantee shall provide Grantor with evidence that work toward compliance has commenced and that compliance will be complete within a reasonable time. In the event Grantee fails to submit such evidence of compliance to Grantor within the time allowed, and if any Mortgagee or Condominium Association does not elect to cure the condition pursuant to paragraph 12 below, the Easement and any rights that Grantee shall possess by virtue of this Agreement shall automatically cease and terminate without further notice. 11. Any rights derived by Grantee pursuant to this Agreement shall be solely for Grantee, its successors and assigns. 12. Grantor acknowledges that Grantee shall be mortgaging the Union Street Station property, which includes the over-street walkway, and collaterally assigning all rights of Grantee under this Agreement, to a financial institution. Grantor further acknowledges that Grantee may create one or more condominiums on all or a portion of the Union Street Station property, that the over-street walkway might be common area and that all or part of Grantee's rights under this Agreement might be assigned to the Condominium Association(s). Grantee shall not encumber the over-the-street walkway or assign all or part of Grantee's rights under this Agreement without the written consent of the Grantor, which shall not be unreasonably withheld or delayed. Grantor shall not iIppose any additional obligations, requirements, costs or fees merely as a condition of such consent. . If Grantee creates one or more Condominium Associations, it shall include in the condominium documents a requirement that upon assignment of this Agreement to the association(s), the association(s) must assume all obligations of Grantee under this Agreement, including but not limited to providing indemnification and proof of insurance pursuant to paragraphs 5 and 6. Grantor agrees not to terminate this Agreement in the event of default or substantial destruction of the over-street walkway without providing 60 days written notice to any Mortgagee or Condominium Association(s). Said Mortgagee or Condominium Association(s) shall give Grantor written notice of its election to cure or rebuild within the 60 day notice period and shall be granted a reasonable time to cure the default and/or commence rebuilding. Grantor may terminate this Agreement if such notice is not received or if the cure or rebuilding has not been completed within a reasonable time. 13. Grantor agrees not to amend or accept a surrender ofthis Agreement without the prior written permission of any Mortgagee or Condominium Association(s) consented to by the Grantor pursuant to paragraph 12, which permission shall not be unreasonably withheld or delayed. - -. .. .-.. 14. No provision of this Agreement nor any act of the City of Gainesville or Grantor shall be deemed or construed by any of the parties, or by third parties, to create any relationship of third- party beneficiary, or of principal or agent, or of limited or general partnership, or of joint venture, or of any association or relationship involving the City of Gainesville or Grantor. 3 15. All notices pursuant to this Agreement shall be by certified mail, return receipt requested, addressed to the following: If to Grantor: Executive Director Community Redevelopment Agency P.O. Box 490 Gainesville, Florida 32602 With a copy to: .City Attorney's Office P.O. Box 1110 Gainesville, Florida 32602 If to Grantee: McGurn Investment Company P.O. Box 2900 Gainesville, Florida 32602 16. The terms of this Agreement shall be construed in accordance with the laws of the State of Florida. In Witness, the parties here have duly executed this Agreement as of the date written above. STATE OF FLORIDA COUNTY OF ALACHU~ GAINESVll..LE COMMUNITY REDEVELOPMENT AGENCY /W~f;~ Wayne Bowers Executive Director WITNESSES ~1?uJ@-, C\) ?r0 Appr~e~as, to torm and le~y By.{ 'd. IN.t.a )7l. ca, ) Attorney for Gainesville Community Redevelopment Agency This instrument was executed before me on the 1..1- day of nt~ , 1999. by Wayne Bowers, Executive Director of the Gainesville Community Redevelopment Agency. ....'$.:r;:;,..... Conchi M. Ossa .. j) . - Ci !.rK~~ MYCOMM1SS10NICC696966 EXPIRES ~ >n. V,.Y.V,,) 't~.&::l December 1, 2001 C "'{if.0}.~.., SONOEDlliRUTROYfMlJNSW,NCf.INC NOTARY PUBLI L Personally known _ Produced as identification. Accepted and agreed to: WITNESS McGURN INVESTMENT COMPANY Kenneth R. McGurn. President 4 ST ATE OF FLORIDA COUNTY OF ALACHUA This instrument was acknowledged before me on the _ day of ' 1999,OY Kenneth R. McGurn, President of McGurn Investment Company, a Florida corporation, on behalf of the corporation. He is personally known to me. NOTARY PUBLIC" 5 IHTERLOCALAGREEMENT BorroweT: Gainesville Community Redevelopment Agency Lender: City of Gainesville .. For value received, Borrower agrees to pay to Lender the principal sum of One Million Four Hundred Thousand Six Hundred Dollars and no cents, plus a proportional share of the Lender's financing costs as more particularly described below, with interest thereon as specifically identified in Exhibit A. UNDERL YING BORROWING Borrower understands that the proceeds derived from this borrowing have in turn been borrowed by the Lender as a participant in a First Florida Governmental Financing Commission (FFGFC) bond issue. Borrower understands the tax-exempt nature of the FFGFC's bond issue and the federal and contractual requirements imposed on tax- exempt funds. Borrower represents that no use will be made of the proceeds received hereunder that would endanger the tax-exempt nature of the FFGFC .bond issue or the Lender'"s participation .in said bond issue. Borrower further represents that Borrower reasonably expects and will make diligent effort to expend all borrowed funds within three years of receipt. If Bdrrower is unable to expend allJunds within this time period, ' , 'Borrower will reimburse t.ender for Borrowe~s share of any and' all arbitrage rebate to the federal government that may become due in the course of investment activity involving the proceeds of the FFGFC bond issue or the Lende~s share thereof. The Lender shall determine the amount of the arbitrage rebate and notify Borrower at least 30 days prior to the due date. CASH PROCEEDS Borrower understands that the cash to be received on the Note is $1,400,600, and that the difference between the face value of the Note and the $1,400,600 to be delivered to Borrower in cash represents the estimated financing costs of the bond transaction, ,charged pro rata to the portion of the Lende~s proceeds retained by Ihe, Lender and the Lender's proceeds passed to Borrower and which are the subject of the Note. The proceeds of the loan will be deposited in a capital projects fund of the Lender designed solely and specifically 10 account for the receipt and expenditure of funds related to the courthouse Parking Facility 'project financed by the loan. All Interest earned on the proceeds will remain in this fund, and can be used forn" purp?se other than payment of project costs or debt service on thIs loan. Expenditures fo~ proJ~ct costs wm be from this capital projects fund, and will be authorized by the Execubve Director or his designee~ 1 Prepared by City of Gainesville Finance Department O:!/!81lJ2 APPENDIX "C" . PAYMENTS Borrower agrees to execute the promissory note attached as Exhibit B. Borrower understands that Lender is committed to a repayment schedule as defined in the. underlying FFGFC bond covenants. Borrower further understands that the FFGFC bond Issue is a serial issue, and that principal payments as well as interest payments are .payable throughout the duration of the bond issue. Borrower agrees to repay to the Lender the Borrowe~s proportionate share of the Lentle~s participation in the FFGFC bond issue. Such payments will be made to the Lender three business days before the Lender Is required to make each and every paymenl A schedule of the Lende~s repayment dates. the Borrowe~s proportionate obligation under the terms Of the FFGFC bond Issue applicable to the Lender. and the interest rates on each serial bond repayment date are attached to the Note as Exhibit A and are hereby Incorporated by reference. The note will be repaid from the Downtown Tax Increment Fund previously established by the Lender or capital projects funds. GENERAL TERMS The Note Is not payable on demand. Borrower may repay the Note in full at any time without penally, by paying the present vaiue of all future bond payments either directly to the Lender or into a defeasance trust fund, at the optlon of the Borrower. . . ~ . . for the~City of Ga'inesville (~e.nder) Thomas . Bussing. PO BoX 490 Gainesville FL 32602 ~ - Attest: Clerk of the commission(seal) i/~r/2z Date for Gainesville community Redevelopmenf AgencY (Borrower). _/lv~~.,~ Wayne Bo ers, Executive Director PO BoX 490 Gainesville FL 32602 l.1-h L{-ll~ Date 2 prepared by City of Gainesville Finance Department 03118102 , II .r .' COLLEGE PARK UNIVERSITY HEIGHTS AREA REDEVELOPMENT INCENTIVE PROGRAM CITY OF GAINESVILLE COMMUNITY REDEVELOPMENT AGENCY Historic Thomas Center 306 N.E. 6th Avenue Post Office Box 490, Station 48 Gainesville, FL 32602 352-334-5029 (phone) 352-334-2132 (fax) NDIX "D" " I. Introduction The College Park/University Heights Redevelopment Plan ("Plan") states as its goal to "Establish the College Park/University Heights Special District as a thriving mixed-use, high density, safe and convenient urban neighborhood and commercial district serving the diverse needs of the University Community and the central core of the City." The Plan identifies specific needs of the district. "Foremost is improvement of infrastructure such as road conditions, sidew~lk conditions, lighting and stormwater management. Secondly, attention to the physical design ofthe'Special District will improve transportation mobility, discourage criminal activity and attract new residents, businesses and customers to the area. Finally, this Plan encourages housing redevelopment in order to provide greater housing opportunities within walking and biking distance to the University of Florida campus." These incentives are intended to encourage redevelopment in the College Park University Heights Redevelopment District that complies with the goals of the Plan and the College Park and University Heights Special Area Plans, increases the diversity of uses, and increases the residential component of the redevelopment area and enhances the livability of existing residential units and viability of existing corrunercial usage. It also intends to reduce the cost of development in the redevelopment area by offering to reimburse for various charges and public infrastructure improvements associated with new development. Toward that end, this Redevelopment Incentive Program includes a menu of items that can be tailored to each project: . Water and wastewater meter costs and connection fees . Tap charges (required when a project must tap into the line--not meter or connections costs) . Meter fees (gas or electric) . Undergrounding utilities . Placement of utilities in buildings to avoid large surface-mounted facilities on site . Utility enclosures (intended to reduce clutter of utility boxes in pedestrian areas) . Streetscaping and upgraded lighting to CPUH design criteria and other applicable standards . Development of stormwater at off-site locations if possible or on-site if necessary . Curb and gutter, sidewalks . Parking . Dumpster enclosures It is intended that an applicant may request any or all of the above incentives, subject to available funding, qualification, and execution of formal agreements as necessary. Each project will be evaluated to determine the incentives the project qualifies for,. and the applicant must then select the type for which they will apply. Approval of an application under this program in no way grants a project vested rights for "development or grants any third-party benefit. The eRA reserves the right to set priorities among applications under consideration if necessary . The CRA also reserves the right to revoke or change this package of incentives at any time and for any or no reason. The CRA may reject an application if the applicant does not provide additional 1 " information requested, or if circumstances change during consideration. The CRA may offer these or other incentives for projects that the CRA initiates. For any grants awarded under this program, the CRA will establish separate accounting systems in the district's trust fund for each project grant. The CRA will use only those funds in the account established to receive tax increment revenues for that specific project to repay the loan or indebtedness, if any, incurred by the CRA to provide a grant to that specific project. If the CRA chooses to repay a loan earlier, it may use other available funds in the d~~trict to do so. II. Eligibility In order for a project to be eligible for a grant, the applicant must submit a request and that request must be approved prior to any actions being taken, or work commencing or being completed by the applicant, related.to that grant. No grants will be considered or approved for actions or work which has commenced or been completed. Projects must be eligible for a grant award of $50,000 using the formula in the program to be considered for a grant. Grants smaller than $50,000 will not be considered. Funding of grants for new construction under this program may exceed available funds in any one- year's deposit of tax. increment for the College Park University Heights Redevelopment District (total tax. increment less operating overhead and less any debt). Therefore, the CRA may, at its sole discretion and subject to approval by the City Commission, borrow against the anticipated tax. increment revenues to be generated by the project for which the funding request is made. The developer will be required to agree not to ask for, apply for or accept any exemption from City and/or County ad valorem taxes related to the project or project site. If, during the life of any note the CRA executes to provide funding for the grant, some or all of the project or project site becomes subject to City and/or County ad valorem tax. exemptions, the developer will be required to agree to pay the CRA an amount equal to the proportionate reduction in tax increment revenues. The developer wiil further agree that in the event some or all ofthe project/project site is transferred by developer to a type of ownership that is exempt, in whole or in part, from City and or County ad valorem taxes, the developer will be required to pay to the CRA, at the time of transfer, the amount of debt, if any, still outstanding on the note. Applicants for this program are advised that there will be default language in the development agreement that protects the CRA from changes within the project after approval and that incentives can be withdrawn if default occurs. Any assumption of debt including the length of time for which the CRA will borrow (loan maturity) in order to provide a grant to a project will be subject to authorization by the City Commission. The applicant must demonstrate that the project would not be feasible but for the grant amount requested. Grants under this program will also be limited as follows: 1. Grants under this program are limited by the amount equal to 100% of the tax. increment revenues generated by the project for up to 5 years, or 50% of the tax. increment revenues generated by the project for up to 10 years, or 25% of the tax. increment revenues generated by the project for up to 20 years (subject to debt services costs and debt service reserves if paid as an up front, lump sum grant). 2 Grant approvals will be based on the ability to borrow, policies and procedures of the CRA, and the City of Gainesville and state and federal law as may be applicable. III. Disbursements . Grant payments may be annually, as draws or installments during the construction of the project or as a lump sum payment when the City of Gainesville Building Department has issued, for all units, certificates of occupancy for completed units or certificates of completion for units which are ready for tenant/owner finishes before occupancy. . The lump sum grant would be limited to the CRA's borrowing potential based on the amount of tax increment revenues generated by the project as described in Section III above. The applicant must demonstrate that the project would not be feasible but for the grant amount requested. That amount is further limited to the amount demonstrated by the construction proforma or the statutory life of the agency, whichever is less. . Annual payments will be made at the beginning of each tax. year as payment from the previous tax year, and may be prorated as appropriate. The annual payments will be up to and not exceed the tax. increment to be generated by the redevelopment as described in Section ill above. . Lump sum grant payments will be made when the City of Gainesville Building Department has issued, for all units, certificates of occupancy for completed units or certificates of completion for units which are ready for tenant/owner finishes before occupancy and/or subject to an agreement between the applicant andthe CRA and CRA po~icies concerning debt finan<::ing. IV. Application Process . Applicant (property owner or agent with property owner's written consent) will submit an application to CRA staff including: . Description of the proposed project including location, preliminary design, square footage of commercial, and/or number of residential units; . Description of how the project implements the redevelopment plan based on the selection criteria listed in Section V; . Current tax.able value for the property; . . Estimated taxable value after construction of the entire project; . Construction pro forma demonstrating the that the project would not be undertaken but for the public funds necessary to make the project fmancially feasible; . List of those items on the incentives menu that are requested for the project; . The amount of grant requested and substantiated by the construction proforma; . Description of permits and fees, to be reimbursed by the grant, and associated costs; . Information about any governmental approvals required, including land use and zoning changes etc.; and 3 . Other information as requested by staff considering the particular project. . Staffwill review the application, and a recommendation will be made to the College Park University Heights Advisory Board based on an evaluation of the information provided in the application and in response to the Selection Criteria listed below. . The College Park University Heights Advisory Board will review the application, and make a recommendation to the CRA based on an evaluation of the information provided in the application and in response to the Selection Criteria listed below. .. . Based on the recommendation by CRA staff and the College Park University Heights Advisory Board, the eRA may accept or reject the application, or may approve the application with changes or conditions. Following approval the staff shall prepare or cause to be prepared a grant agreement with the property owner/developer, which must be entered into before any disbursement of funds by the CRA. V. Selection Criteria Projects seeking incentives must address issues identified in the College Park University Heights Redevelopment Plan. Requests for incentives will be evaluated on the following criteria. A project must meet five of the criteria listed below. Does the project: . Support the redevelopment of West University Avenue as a pedestrian oriented corridor . .. Redevelop surface parking lots, blighted, or uriderutilized sites . Encourage mixed-use parking structures . . Address district-wide stormwater deficiencies . Create significant improvements to the public infrastructure . Include pedestrian and bicycle safety improvements . Encourage a variety of housing types and prices within the district . Encourage the redevelopment of specific sites to discourage criminal activity . Encourage mixed-use development in the district where appropriate . Encourage the development of a mix of businesses to serve the needs of the residents of the district, adjacent neighborhoods and institutions . Advances affordable housing goals in the district 4