Fort Walton Beach Council agenda — 06-08-2010 Regular — reading text

Group' s existence. If a member cannot serve that full term, a vacancy shall be declared. When a vacancy occurs, the respective commission, agency, board, or organization shall appoint a new member to recommend a member for consideration for approval by the City Council. The term of a member shall immediately end if the individual is no longer a member of the committee,, agency, board, or organization represented. Section 9. Staff Assistance The City' s Designated Economic Development Representative shall be the staff assistant to and secretary for the Group. The City Clerk and City Attorney shall assist the Group upon request of the Group. Section 10. Exceptions to Section 2.02.04, City Code This Group serves in an advisory capacity only. The City Council finds specifically that it is in the best interests of the industry and citizens of the City to have the coordination and combination of members as stated in Section 6, Membership, above for the term of the Group' s existence. Therefore, the City Council hereby specifically excepts the Group from the provisions of Section 2.02.04, Dual Office Holding Prohibited, ofthe City Code. Section 11. Effective Date This resolution shall take effect immediately upon approval by the City Council and signature by the Mayor. Mike Anderson, Mayor Att e t: App ved for form d al sufficiency. Helen Spencer, dity Clerk Toni L Craig, City Attorney Codification Instructions: Not codified. DISPOSITION Resolution 2009 -43 Page 3 of 3 100  CITY COUNCIL MEETING June 8, 2010 Discussion - Direction - Action Action - Sound Side Interlocal Agreement Synopsis: Defines the elements ofproviding infrastructure improvements to the Sound Side affordable housing project CRA approval was unanimous on June 2nd. The FWB Housing Authority took action on June 3rd. Agenda Item Number: 14. 1  6/ 3/ 10 INTERLOCAL AGREEMENT AMONG THE CITY OF FORT WALTON BEACH, FLORIDA, FORT WALTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FORT WALTON BEACH HOUSING AUTHORITY & SOUND SIDE APARTMENTS, LLC, REGARDING INFRASTRUCTURE IMPROVEMENTS AT SOUND SIDE APARTMENTS, A PLANNED UNIT DEVELOPMENT This Interlocal Agreement ( "Agreement ") is made by and among the City of Fort Walton Beach ( "City "), a Florida municipality, Fort Walton Beach Community Redevelopment Agency ( " CRA "), a Florida special district, Fort Walton Beach Housing Authority ( "FWBHA "), a body corporate and politic organized under Chapter 421 of the Florida Statutes, and Sound Side Apartments, LLC ( " Sound Side "), a Florida limited liability company. 1. Intent a. Recognizing that the Sound Side Apartments Planned Unit Development Project') furthers the goals and polices of the CRA Redevelopment Plan, on March 17, 2010, the CRA Board of Commissioners approved the use of up to $ 2, 500, 000 in Community Redevelopment Revenue Special Trust Funds for site demolition, site infrastructure improvements, site restoration, and other costs for the Project. b. Recognizing that the Project furthers the goals and polices of the CRA Redevelopment Plan, on March 23, 2010, the City Council of Fort Walton Beach adopted Resolution 2010 -12 that approved the use of up to $ 2, 500, 000 in Community Redevelopment Revenue Special Trust Funds for site demolition, site infrastructure improvements, site restoration, and other costs for the Sound Side Apartments Planned Unit Development. C. The Project is a Planned Unit Development that will redevelop Germany Terrace, a 50 -unit public housing development on property which lies along Carson Drive SE and Third Street SE, which is owned at the time of execution of this Agreement by the FWBHA and which lies within the limits of the Fort Walton Beach Community Redevelopment Area ( the " Property "), to a 200 -unit affordable housing development. d. FWBHA shall transfer the Property to Sound Side on or before the closing of the Senior Loan ( as defined below), and Sound Side shall develop the Project. e. The Project will be financed via a loan ( the " Senior Loan ") and related conventional mortgage insured by the United States Department of Housing and Urban Development ( " HUD ") and bonds issued by FWBHA under the Build America Bond Program. 101  6/ 3/ 10 f. This Agreement sets forth the terms and conditions of the agreement between the parties to provide in -kind services and funding for site demolition, site infrastructure improvements, site restoration, and other qualifying costs associated with the Project. 2. Authority This Agreement is entered into pursuant to all applicable provisions of the Florida Constitution, and Florida law, including but not limited to Chapters 163, 166, 170, 189, and 421 of the Florida Statutes ( "F. S. "). a. Section 170. 01, F. S., authorizes the City to make certain improvements and levy collect a special assessment against property benefited and by such improvements. A special assessment may be levied and collected for: 1. the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and upgrading of greenbelts, swales, culverts, sanitary sewers, storm sewers, outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, and natural areas, all or part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps; 2. the construction or reconstruction of water mains, water laterals, alternative water supply systems, including, but not limited to, reclaimed water, aquifer storage and recovery, and desalination systems, and other water distribution facilities, including the necessary appurtenances thereto; 3. the relocation of utilities, including the placement underground of electrical, telephone, and cable television services, pursuant to voluntary agreement with the utility, but nothing contained in this paragraph shall affect a utility's right to locate or relocate its facilities on its own initiative at its own expense; and 4. the drainage and reclamation of wet, low, or overflowed lands. b. With regard to the special assessment made pursuant to Section 170. 09, F. S., for improvements associated with the Project, the special assessment rate shall be based on the special benefit accruing to the Property from such improvements which is different in type or degree from benefits provided to the community as a whole. Pursuant to Section 170. 09, F. S., the special assessment is considered and remains a lien coequal with the lien of all state, county, district, and municipal taxes, and superior in dignity to all other liens, titles, and claims, until paid ( other than as set forth in this Agreement). The special assessment shall bear interest at a rate not to exceed eight percent ( 8 %) per year, and may be payable in equal installments over a period not to 102  6/ 3/ 10 exceed thirty ( 30) years, or paid without interest at any time within thirty ( 30) days after the improvement is completed and accepted by the City. Notwithstanding the provisions set forth above, in the event that Sound Side has insufficient funds to pay both the special assessment and the debt service payments under the Senior Loan in any calendar year, then the Senior Loan shall be senior to the special assessment in terms of priority of payment in any such calendar year and the special assessment, upon approval by City Council, shall be partially paid and the remaining balance of the annual payment deferred and accrue until paid in subsequent calendar years. C. Pursuant to Section 163. 370, F. S., the CRA has authority to use Revenue Special Trust Funds to make, or contract with any person to make, all surveys, studies, and other plans necessary to carry out the Community Redevelopment Plan ( " Plan "). The CRA may appropriate and make expenditures as are necessary to carry out the purposes of the Plan and to enter into this Agreement. Pursuant to Section 163. 400, F. S., the CRA and the City may incur the entire expense of any public improvements, do any and all things necessary to aid in the carrying out of a community redevelopment plan and related activities, contribute funds, cause public facilities to be furnished, and enter into agreements, which may extend over any period notwithstanding any provision or rule of law to the contrary, with any public body to carry out community redevelopment activities. Section 163. 378( 6)( g), F. S., permits the use of Revenue Special Trust Funds for the development of affordable housing within the community redevelopment area. d. The City and CRA recognize and agree that redevelopment projects constitute an essential element and aspect of the CRA' s Redevelopment Plan. ( Section 7( b) of the Interlocal Agreement between the City and CRA). By authority of Section 6( a) of the Interlocal Agreement between the City and the CRA, the City is responsible for the administration and management of the redevelopment program contemplated by the Redevelopment Plan. The City and CRA acknowledge that the Project is of the kind contemplated by the Redevelopment Plan and is an authorized expenditure of the CRA Revenue Special Trust Funds. 3. Responsibilities of the Parties a. Sound Side shall construct and develop the Project, except for the infrastructure that will be constructed by the City pursuant to the terms of this Agreement, in accordance with all applicable State, local and federal permits and approvals. b. Upon completion of construction and