Fort Walton Beach Council agenda — 09-11-12 regular — reading text

Beach, Florida, did execute this Agreement in the name of the City of Fort Walton Beach, Florida. Notary Public 3- Fort Walton Beach Community Redevelopment Agency Attest: Dated Dennis Reeves, Chairman Michael Beedie, Secretary Before me, the undersigned authority, on , 2012, personally appeared Dennis Reeves and Michael Beedie, in their representative capacity as the Fort Walton Beach Community Redevelopment Agency Chairman and Secretary, and by proper authorization of the Board of Commissioners, did execute this Agreement in the name of the Community Redevelopment Agency. Notary Public I" Fort Walton Beach Housing Authority Dated LO Gail Sansbury, Executive Director Before me, the undersigned authority, on , 2012, personally appeared Gail Sansbury, in her representative capacity as the Fort Walton Beach Community Housing Authority Executive Director, and by proper authorization of the Board of the Fort Walton Beach Housing Authority, did execute this Agreement in the name of the Fort Walton Beach Housing Authority. Notary Public 5- Sound Side Apartments, LLC Dated Gail Sansbury, as Executive Director Of Fort Walton Beach Housing Authority, Its Sole Member Before me, the undersigned authority, on , 2012, personally appeared Gail Sansbury, in her representative capacity as the as Executive Director of the Fort Walton Beach Housing Authority, the sole member of Sound Side Apartments, LLC, and by proper authorization of the Board of Sound Side, LLC, did execute this Agreement in the name of Sound Side Apartments, LLC. Notary Public In  City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM To: Michael D. Beedie, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: September 11, 2012 Subject: Landmark Development Agreement Discussion 1. BACKGROUND: I. I. On December 11, 2007, City Council approved a development agreement between Fort Walton Development Partners, LLC and the City of Fort Walton Beach. 1. 1. 1. As a part of this agreement, the City would purchase 107 parking spaces from the developer at the time of completion of the garage for a cost of $1. 5M, with an annual option to purchase 40 spaces per year for five ( 5) years at an annual cost of $549K, bringing the total investment related to the parking garage to 4.245M. 1. 1. 2. At the conclusion of the fifth year, the City would take ownership of the garage, the portion of the Developer' s land beneath the garage and all but 38 spaces, which were reserved for the development. 1. 2. On September 28, 2010, the City Council performed an annual review of the development agreement as required in the agreement. During this review, the City Council found the developer in default of the agreement and released the funds reserved for the project. 1. 3. In an effort to revive the project, the Developer began meeting with staff in December 2011. 2. DISCUSSION: 2. 1. On August 7, 2012, The Developer requested the following: participation in some of the City's economic incentive programs through the CRA, assistance with infrastructure costs, transfer of a parcel of land needed to accommodate the development, and a return of tax increment financing ( TIF) revenue generated by the property. 2. 2. Staff is working with the Developer to construct a Development Agreement that would embody the requests of the developer, while meeting the needs and funding capacity of the City. The primary components of this discussion are listed below. 2. 2. 1. Conveyance of City Property. To complete the project, the Developer must construct a parking garage that will provide adequate parking for the development. The location best suited for this garage includes property on the northwest corner of U.S. Highway 98 and Perry Avenue SE, which is owned by the City. This property consists of four parcels for a total of 1. 18 acres with a current assessed value of $272K, a portion of which will be retained by the City.  EMPLOYMENT AGREEMENT This Agreement, made and entered into this 5th day of September, 2012, between the City of Fort Walton Beach, Florida, a municipal corporation ( hereinafter called CITY) and Michael D. Beedie, ( hereinafter called MANAGER), both of whom understand as follows: WITNESSETH: WHEREAS, Section 13 of the Charter of the City of Fort Walton Beach establishes the position of City Manager, who shall be fully engaged in work for the City and shall serve at the pleasure of the City Council of the City of Fort Walton Beach, hereinafter called " COUNCIL "; and WHEREAS, the City desires to employ the services of Michael D. Beedie as City Manager of the City of Fort Walton Beach as provided within the City Charter; and WHEREAS, Michael D. Beedie desires to serve as City Manager of CITY, and WHEREAS, it is the desire of the COUNCIL to provide certain benefits, establish certain conditions of employment, to set working conditions and set the framework and context of the relationship which shall exist between the CITY and MANAGER; and WHEREAS, the COUNCIL and MANAGER have mutually negotiated and agreed to the terms of this agreement. NOW THEREFORE, in consideration of the promises, mutual covenants, conditions and provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: SECTION 1: DUTIES AND AUTHORITY CITY agrees to employ Michael D. Beedie as MANAGER to perform the functions and duties specified in the Charter of the City of Fort Walton Beach, and to perform other legally permissible and proper duties and functions as COUNCIL may assign from time to time. SECTION 2: TERMS AND EFFECTIVE DATE A. CITY and MANAGER agree to the exclusive employment of MANAGER which shall continue uninterrupted, in accordance with the provisions of this Agreement unless terminated or resigned pursuant to Section 9, 10 and 11 respectively herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of COUNCIL to terminate the services of MANAGER at any time, subject only to the provisions set forth in Sections 9 and 10 of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the MANAGER to voluntarily resign at any time from his position with the City, in accordance with the provisions set forth in Section 11 of this Agreement. D. This Agreement shall take effect upon approval by COUNCIL and the date first entered above. Page 1 of 4 SECTION 3: COMPENSATION A. CITY agrees to pay MANAGER an annual base salary of one -hundred and fifteen thousand dollars ($ 115, 000) per annum payable in bi- weekly installments in accordance with City payroll procedures. B. In addition, CITY agrees to increase base salary and /or benefits of MANAGER in such amounts and to such extent as COUNCIL may determine it is desirable to do so based on an annual performance review of MANAGER on or before the anniversary date of promotion each year. SECTION 4: BENEFITS A. MANAGER shall receive any and all benefits provided to exempt full -time employees, as defined in Section I of the City' s Personnel Rules and Regulations Manual. B. CITY shall ensure continuous coverage of medical, dental, and life insurance and all other benefits accorded all other employees pursuant to Section 28 of the City' s Personnel Rules and Regulations Manual for the MANAGER. SECTION 5: RETIREMENT A. CITY shall provide for the continued participation of the MANAGER in the City of Fort Walton Beach General Employees Pension Plan and further shall pay one hundred percent ( 100 %) of all the appropriate contributions on the MANAGER' S behalf, for both the CITY and MANAGER' S share as required by Section 17 - 13 ( 3) of the General Employees' Retirement Plan. B. CITY shall pay, on the MANAGER' S behalf, an amount equal to five percent ( 5)% of the MANAGER' S base salary into the International City Management Association Retirement Corporation ( ICMA -RC) 457 Deferred Compensation plan, in equal proportionate amounts each pay period. SECTION 6: PROFESSIONAL DEVELOPMENT A. CITY hereby agrees to budget for and to pay for travel and subsistence expenses of MANAGER for official travel approved by COUNCIL. B. CITY hereby agrees to budget for professional dues of the MANAGER necessary for continuation and full participation in the International City Management Association ICMA) and the Florida City /County Managers Association ( FCCMA). C. CITY hereby agrees to guarantee at least one state and / or national professional conference per year. SECTION 7: HOURS OF WORK As much as practical, MANAGER shall observe regular business hours in City Hall. However, COUNCIL recognizes that MANAGER must devote a time outside the regular office hours on business for the CITY, and to that end MANAGER shall determine his own office hours and exercise flexibility in determining time away from City Hall. COUNCIL and MANAGER further recognize that time away from City Hall does not preclude conduct of City business or MANAGER' S availability through telecommuting or telecommunications. SECTION 8: OUTSIDE ACTIVITIES The employment provided for by this Agreement shall be the MANAGER' S sole employment. Page 2 of 4 SECTION 9: TERMINATION For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the MANAGER at a duly authorized public meeting and MANAGER shall be entitled to severance as provided in Section 10 of this Agreement. B. If the CITY, citizens or legislature acts to amend any provisions of the Charter of the City of Fort Walton Beach, its Code of Ordinances or, enabling legislation pertaining to the role, powers, duties, authority, responsibilities of the MANAGER' S position or that substantially changes the form of government, the MANAGER shall have the right to declare that such amendments constitute termination and MANAGER