Fort Walton Beach Council agenda — 08-10-2007 special agenda - Landmark — reading text

-02- SP for Landmark Center, including the parking garage, and the Memorandum of Agreement subject to the following conditions: a. Approval of a Development Agreement addressing the items in the Memorandum of Agreement, FOOT approval to use the right of way along Perry f off-site reforestation requirements, and use of city property to meet parking requirement. b. Copies of all necessary permits ( Stormwater management) from the FDEP shall be submitted to the Environmental Specialist and City Engineer. c. A copy of the Stormwater management Plan shall be submitted to the Environmental Specialist for review and approval.  d. The property owner is advised of the potential for unexpected discoveries. If ground disturbing activities take place and unexpected discoveries. such as Native American graves or lost historic cemeteries are encountered. guidelines set forth in chapter 872, F. S. ( Florida' s Unmarked Burial Law) must be followed. In the event unexpected discoveries are made the property owner will notify Florida Sate Historic Preservation Officer (SHPO) within 24 hours to begin procedures outlined in Chapter 872. F .S. e. The DRC COMments found in the attached memorandums from Linda Carnley dated April 20, 2007; John Geurin dated April 30. 2007 and May 15. 2007; and Michael Beedie dated May 24, 2007. One letter to the CRA Board Members dated July 6. 2007 was received from Thornber Smith and is attached. The CRA Board of Commissioners reviewed the Landmark Center Site Plan 07 -02-SP and Memorandum of Agreement at their meeting on July 11. 2007 and recommended approval of the Development Order which incorporates the conditions above and is attached. RECOMM~ NDATION: The City Council may: 1. Approve the Development Order for landmark Center Site Plan 07- 02- SP as recommended by the CRA Board of Commissioners; 2. Approve the Development Order for Landmark Center Site Plan 07- 02- SP with changes; or 3. Deny Landmark Center Site Plan 07-02- SP. Upon approved by the City Council, the applicant may submit a development agreement which shall be reviewed by the Municipal Planning Board ( with comment from the CRA Board of Commissioners) and City Council. A flow chart of the approval process is attached. Attachments: a. Memorandum of Agreement b. Development CRA Case 0 #7 - 02- SP Order.... c. Landmark Center Major Development approval Process Detailed How Chart d. CRA July 11, 2007 for Landmark Center Minutes..... e. Staff Analysis and Report to the CRA Board of Commissioners 1. Summary of MUnicipal Parking lot and Summary of Parking Garage g. Updated Tax Increment Anafysis Report, landmark Center h. Landmark Center Narrative Report i. Site Plans for the landmark Center dated 4/ 13/ 07 and 6/ 25/ 07 j. Conceptual Architectural rendering of the Northeast View k. Site Aerial, Site Section & Typical Building Section Diagram dated 06/25/ 07 I. letter dated July 6, 2007 from Thornber Smith  ATTACHMENT A Memorandum Of Agreement Between City Of Fort Walton Beach, Florida, and Ft. Walton Development Partners LLC This Memorandum Of Agreement ("Agreement") is made and entered into this _ day of , 2007, by and between the CITY OF FORT WALTON BEACH, a municipal corporation of the State of Florida, Okaloosa County, Florida (" City")and FT. WALTON DEVELOPMENT PARTNERS LLC, a Florida limited liability company (" Developer"). The parties acknowledge and agree that this memorandum is a general statement of intent and shall not bind either party until formalized through the acceptance of the City Council and the execution of subsequent written agreements such as a development order, lease, contract for purchase, condominium documents, and other written agreements between the parties that may be necessary. 1. Developer owns certain real property located within the City of Fort Walton Beach, Florida, as more particularly described in Exhibit " A," attached and incorporated in this agreement by reference (the " Developer Property"). 2. Developer desires to construct a mixed use project on the Developer Property, to be known as " Landmark Center" ( the " Project"), which will contain retail, restaurant, office and residential uses. 3. The City owns certain real property adjacent to the Developer Property, as more particularly described in Exhibit " B," attached and incorporated in this agreement by reference, ( the " City Surface Parking"), that is presently utilized for public surface parking. 4. Developer recognize that it is in their respective and joint The City and best interests to coordinate efforts to maximize the parking available to the Project and the City, pursuant to the general terms outlined in this agreement and all subsequent written documents and agreements formalized by the parties. 5. The Developer has submitted a site plan for the Project, which includes the design and engineering for the 343 space parking garage, for review and approval by the City. The City shall have full approval authority of the project and the parking garage pursuant to the provisions of the City Code of Ordinances and the Land Development Code. This memorandum is a material part of that site plan review and shall be incorporated by reference. a. The parties acknowledge that Developer is required to have thirty- eight ( 38) parking spaces for the residential component of the Project. Memorandum of Agreement 08/ 06/ 07< 1  b. The parties acknowledge that Developer is voluntarily building an additional one hundred sixty two parking spaces for the commercial uses included in the Project. c. The parties acknowledge that the City currently has one hundred nineteen ( 119) parking spaces on the parcel described in Exhibit B. 6. Therefore, the City and Developer intend to be bound to the following conditions of development of a multi- level parking garage in conjunction with approval of the project: a. The City shall lease to Developer the surface parking area as shown on the CRA Site Plan developed by DAG dated 4/ 13/ 07 for a period of no more than eighteen months to begin prior to issuance of a building permit unless extended by mutual agreement. b. During the lease period, Developer shall build a multi- level parking garage that will contain at least three hundred and forty three ( 343) parking spaces. c. Upon completion of construction, the City shall accept and purchase from Developer the permanent improvement of the entire garage to include the portion of Developer' s land upon which the garage is constructed. d. The total purchase price shall be $ 3, 660, 000 which shall include a construction management fee. e. Upon completion of construction, prior to the consummation of the purchase by the city, and prior to the issuance of a certificate of occupancy for the parking garage, the Developer shall submit at its cost the parking garage to the condominium form of ownership with the assistance of an attorney licensed in the State of Florida and in a form approved by the City Attorney. f. Through th~ condominium arrangement and a maintenance agreement, Developer and its successors and assigns shall be required to maintain the entire parking garage facility. g. Through the condominium arrangement, Developer and its successors and assigns, shall retain the exclusive use and possession of thirty- eight ( 38) parking spaces. h. Through the condominium arrangement, Developer and its successors and assigns, shall retain the right to designate one hundred and sixty two ( 162) parking spaces for use of the public and the Project patrons, customers, and visitors. i. The parties acknowledge that, at some time in the future, the increase in the CRA tax incremental fund (TIF) as a direct result of the Project may be adequate consideration for the Developer's exclusive use and possession of thirty eight ( 38) spaces and for the lease of the additional one hundred sixty two ( 162) spaces, or a combination thereof. The parties shall execute a lease agreement that will set forth the value and all terms of the Developer's use of the 162 spaces. Memorandum of Agreement 08/06/ 07 2  j. Through the condominium arrangement, the City shall have the exclusive right to public use of and lease of one hundred forty three ( 143) parking spaces. k. Through the condominium arrangement. the City shall have the exclusive right to charge for parking, at its discretion, for three hundred and five 305) spaces. All parking spaces within the garage are for public use except the 38 spaces reserved for the 38 residential units. I. Through the condominium arrangement, Developer and its successors and assignees shall grant an easement to the City that will provide pedestrian access from the third level of the parking garage in the event that a pedestrian bridge is built from the Garage to the southern side of US Highway 98. m. Through the condominium arrangement, there shall be a Board composed of one member of the City Council, the City Manager, and one department director designated by the City Manager, and two members from th~ Developer and its successors and assigns, who shall all hold proportional votes relative to the numbers of parking spaces owned by the City, which will be 305, and the Developer, which will be 38. 7. The development order shall require the Developer to obtain all necessary easements, in a form approved by the City Attorney, required for the entire Project and the parking garage. 8. At times required by the City, the Developer agrees to procure the types and amounts of insurance and performance and completion bonds necessary to secure the obligations and intent of the parties throughout the construction of the parking garage. 9. The parties hereby acknowledge that this Memorandum of Agreement does not create and shall not be construed at any time to create a partnership, joint venture, tenancy-in- common, joint tenancy, or agency relationship for the purpose of developing the parking garage, nor pledge the credit of the City in any manner. Memorandum of Agreement 08/06/07 3 EXECUTION CITY OF FORT WALTON BEACH, FLORIDA ArrEST: By: By: Helen Spencer, City Clerk Mike Anderson, Mayor Drafted by: Toni L Craig, City Attorney Fla. Bar No. 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243- 6969 Fax: (850) 244- 8929 Memorandum of Agreement 08/ 06/ 07 4  FT. WALTON DEVELOPMENT PARTNERS LLC, a