:

FINANCE COMMITTEE

 

 

MEETING MINUTES

 

 

 

Wednesday March 20, 2019

Tape No.________________________

9:30 AM  

 

Council Chambers 1st Floor,  City Hall

Carol Owens, Chief of Legislative Services

 

 

 

 

Greg Anderson, Chair

Legislative Assistant: Crystal Shemwell

Joyce Morgan, Vice Chair (arr. 9:42)

Council Auditor: Kyle Billy

Lori Boyer

Chief of Research: Jeff Clements

Reggie Gaffney

Deputy General Counsel: Peggy Sidman

Bill Gulliford

Administration: Jordan Elsbury

Jim Love

Asst. Council Auditor: Kim Taylor

Sam Newby

 

 

 

                        Meeting Convened: 9:31                                Meeting Adjourned: 10:49

 

 

 

If a person decides to appeal any decision made by the Council with respect to any matter considered at such meeting, such person will need a record of the proceedings, and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

 

 


Attendance:

 

Council Member Al Ferraro

Council Member Matt Schellenberg

 

 

 

 

 

 

 

NOTE:  The next regular meeting will be held Tuesday, April 2, 2019.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item/File No.

Title/History

 

 

1.  2018-76

ORD-MC Amend Sec 21.07 (Fiscal & Budgetary Functions), Article 21 (JEA), City Charter, to create New Subsec M to Provide & Maintain Water & Sewer Lines in certain Pre-Consolidated Urban Areas. (Sidman) (Introduced by CM's R. Brown, K. Brown, Newby, R. Gaffney & Dennis) (Co-Sponsored by CM's Hazouri & Freeman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 2/27/18

Public Hearing Pursuant to Sec 21.11, City Charter & CR 3.601 - 3/27/18

 

1. 2/13/2018 CO  Introduced: TEU,F

 

    2/20/2018 TEU Read 2nd & Rerefer

 

    2/21/2018 F Read 2nd & Rerefer

 

2. 2/27/2018 CO PH Addnl 3/27/18/ Read 2nd & Rerefer TEU,F

 

3. 3/27/2018 CO PH Only

 

 

 

Bill Summary                TEU: Defer

 

DEFER at the request of CM Dennis

 

 

 

2.  2018-420

ORD-MC Auth All Documents Necessary to Consummate the Installation of the National Memorial for Peace & Justice's Duval County Memorial Monument in Hemming Park to Commemorate the African-American Victims of Lynching in Duval County, FL btwn 1877 & 1950; Create new Chapt. 54 (Peace & Justice Memorial Monument Oversight  Committee),Ord Code; Create New Sec 111.107 (Peace & Justice Memorial Monument Special Revenue Fund), Chapt 111 (Special Revenue &Trust Accts.), Part 1 (Parks, Recreation, Culture & Entertainment), Ord Code, Providing Oversight by Peace & Justice Memorial Monument Committee; provide for codification. (Hodges) (Introduced by CP Brosche)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-7/24/18

 

1. 6/26/2018 CO  Introduced: NCSPHS,F,R

 

    7/16/2018 NCSPHS Read 2nd & Rerefer

 

    7/17/2018 R Read 2nd & Rerefer;    7/17/2018 F Read 2nd & Rerefer

 

2. 7/24/2018 CO PH Read 2nd & Rereferred; NCSPHS, F, R

 

 

Bill Summary             NCSPHS: Defer  

 

DEFER at the request of CP Bowman

 

 

3.  2018-593

RESO Expressing City Council's Opposition to the Sale of JEA at this time. (Johnston) (Introduced by CM Dennis)

 

1. 8/29/2018 CO  Introduced: R,F

 

    9/5/2018 R Read 2nd & Rerefer;    9/5/2018 F Read 2nd & Rerefer

 

2. 9/11/2018 CO Read 2nd & Rereferred; R, F

 

 

Bill Summary             

 

DEFER at the request of CM Dennis

 

 

4.  2018-661

ORD Amend the Beach Community Development District's Boundary, to Remove Approx 25.41 Acres from said District; Amend Chapt 92 Sec 92.22 to Memoralize reduction in acreage from previous Amendments and Current Amendment; Provide for Severability. (Grandin) (TEU)(PD Apv)

TEU Public Meeting- 11/5/18

Finance Public Meeting-11/6/18

LUZ Public Meeting-11/7/18

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 11/13/18, 11/27/18, 12/11/18, 1/8/19, 3/12/19, 3/26/19

 

1. 10/9/2018 CO  Introduced: TEU, F, LUZ

 

    10/15/2018 TEU Read 2nd & Rerefer

 

    10/16/2018 LUZ Read 2nd & Rerefer;    10/16/2018 F Read 2nd & Rerefer

 

2. 10/23/2018 CO Read 2nd & Rereferred; TEU, F, LUZ

 

3. 11/13/2018 CO PH Contd 11/27/18

 

   11/27/2018 CO PH Contd 12/11/18

 

   12/11/2018 CO PH Contd 1/8/19

 

   1/8/2019 CO PH Contd 3/12/19

 

   3/12/2019 CO PH Contd 3/26/19

 

 

Bill Summary                TEU: Defer

 

DEFER at the request of CDD Representative

 

 

5.  2018-712

ORD-MC regarding Prohibition of the Approval, Grant, or Issuance of Certain Licenses, Permits, Certificates or Zoning Actions to Persons with Unpaid Civil  Penalties or Current Violations of the Ord Code; Amend Chapt 307 (Historic Preservation and Protection), Pt 1 (Gen Provisions), Sec 307.111 (Enforcement; Civil Remedies); Amend Chapt 320 (Gen Provisions), Pt 4 (Permits), Sec 320.402 (Application for Permit); Amend Chapt 518 (Jax Propty Safety and Management Code), Pt 1 (Gen Provisions), Sec 518.103 (Applicability); Creating a new Sec 609.110 (Prohibition of Administrative Action); Amend Chapt 650 (Comprehensive Planning for future Development), Pt 4 (Amendments to the Comprehensive Plan), Sec 650.402 (Initiation of Proposal); Amend Chapt 654 (Code of Subdivision Regs), Sec 654.105 (Applicability); Amend Chapt 656 (Zoning Code), Pt 1 (Gen Provisions), Subpart B (Administration), Sec 656.109 (Administration and Enforcement; Interpretation of Zoning Code; Administrative Deviations), and Sec 656.111 (Violations and Penalties); Amend Chapt 780 (Property Tax), Pt 3 (Tax Exemption for Rehabilitation and Properties in Historic Districts), Sec 780.305 (Application). (Grandin) (Introduced by CM Crescimbeni)

LUZ PH Pursuant to Sec 656.123, Ord Code - 1/3/19, 1/15/19, 2/5/19, 2/20/19, 3/5/19, 3/20/19

Public Hearing Pursuant to Chapt 166.041, (3) (a) F.S. & CR 3.601 - 12/11/18, 1/8/19, 1/22/19, 2/12/19, 2/26/19, 3/12/19, 3/26/19

 

1. 10/23/2018 CO  Introduced: NCSPHS, F, LUZ

 

    11/5/2018 NCSPHS Read 2nd & Rerefer

 

    11/6/2018 F Read 2nd & Rerefer

 

    11/7/2018 LUZ Read 2nd & Rerefer

 

2. 11/13/2018 CO Read 2nd & Rereferred; NCSPHS, F, LUZ

 

3. 12/11/2018 CO PH Contd 1/8/19

 

   1/8/2019 CO PH Contd 1/22/19

 

   1/22/2019 CO PH Contd 2/12/19

 

   2/12/2019 CO PH Contd 2/26/19

 

   2/26/2019 CO PH Contd 3/12/19

 

   3/12/2019 CO PH Contd 3/26/19

 

 

Bill Summary                NCSPHS: Defer

 

DEFER at the request of CM Crescimbeni

 

 

6.  2019-125

ORD Approp $899,955.00 from Countywide ADA Compliance - Public Bldgs Proj to the ADA Compliance - Pretrial Detention Facility Proj to bring it into Compliance with ADA Requiremts Mandated in Settlemt Agreemt with U.S. Dept of Justice; Amend Ord 2018-505-E (CIP) to decrease funding for the Proj "ADA Compliance - Public Bldgs" and increase funding for Proj "ADA Compliance - Pretrial Detention Facility".

 (BT 19-059) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                        John Pappas

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                  Fact Sheet              NCSPHS:

 

Public Works Director John Pappas described the two-phase project to make the detention facility ADA-compliant pursuant to an order from the U.S. Department of Justice.

 

AMEND/APPROVE 7-0

On Pg. 2, line 8, insert “of the BT” after “section”

 

 

7.  2019-126

ORD Amend Ord 2015-835-E, as Amended by Ord 2016-232-E, 2016-422-E, 2016-648-E, 2016-739-E, 2017-272-E, 2017-696-E, 2018-86-E & 2018-531-E, to Extend Temporary Moratorium (180 Days) on Medallion Renewals & Late Fees for Medallion Renewals pertaining to Vehicles for hire Pursuant. to Sec. 220.717, Ord Code, for an addnl 180 days; providing that the moratorium remain in effect from enactment until 9/17/19; providing for notification to the JIA & Exec.Director of the JIA & the Beaches Police Chiefs; providing for retroactive applicability. (Sidman) (Introduced by CM Crescimbeni)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: TEU,F

 

    3/4/2019 TEU Read 2nd & Rerefer                                                 CM Crescimbeni        

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary                TEU: Approve

 

APPROVE 7-0

 

 

8.  2019-129

 ORD Approp. $15,000 Grant recv'd. from AT&T to fund the positivity project, a "Train the Trainer" approach with a focus on positive Psychology's 24 character strengths, invoking the exception to sec. 126.107 (g),Ord code; Apv & Auth the Mayor & Corp Sec & CEO of the KHA to execute a contract with the positivity project for children's svcs. programs; waiving the provisions in Chapt. 77 (Kids Hope Alliance), Sec. 77.111 (a) (provider contracts), Ord code (B.T. 19-061) (McCain) (Req. of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F,R                                        Joe Peppers

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                         

 

    3/5/2019 R Read 2nd & Rerefer;    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F, R

 

 

Bill Summary                Fact Sheet               NCSPHS: Amend/Approve

 

AMEND/APPROVE 7-0

1. Pg. 2, line 2: after “AT&T” insert “which will be used to fund The Positivity Project”

2. Pg. 2, line 24: strike “2” and insert “1”

3. Strike waiver of Sec. 77.111(a) from title and bill

4. Add KHA as oversight department

 

 

 

9.  2019-130

ORD Auth & Apv Mayor & Corp Sec. to Execute & Deliver a lease agreement. btwn. The City of Jax (Lessor) & Jacksonville University (Lessee), for a term of 10 yrs., subject to a right in lessee to terminate without cause on 60days' notice, propty. located in Mayport, FL. for $1.00 per yr., for lessee's use for general administrative & office use, educational, outreach, & development programs include an educational & outreach program with Ocearch; Oversight by Real Estate Div.,Dept.of the PW (Stockwell) (Introduced by CM Gulliford)(Co-Sponsored by CM Morgan)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                            CM Gulliford

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                NCSPHS: Amend/Approve

 

Council Member Gulliford explained JU’s desire to have a right to terminate the agreement if something should ever go amiss in its relationship with Ocearch and it no longer needed to utilize the dock and building and pay maintenance costs.

 

AMEND/APPROVE 7-0

Place Revised Agreement On File to clarify City’s fund raising to mean the City may establish a fund to accept donations for renovations.

 

Council Members Morgan, Love, Anderson, Newby and Gaffney asked to be added as co-sponsors.

 

10.  2019-131

ORD Auth & Apv Mayor & Corp Sec. to Execute & Deliver that certain lease agreement btwn The City of Jax ("Landlord") & Gryphon Marine, LLC, F/K/A CDI Marine Co. LLC. ("Tenant") for bldg 900 at Cecil Commerce Ctr., 12,474 sq. ft. of Ofc Space located at 6017 POW-MIA Memorial Pkway, Jax, FL., for a term of 2 yrs, with options to renew for (2) addnl 12 month terms at a monthly rental rate of $10,476.66 with a CAM of $200 per month, with 3% annual rent increases; Oversight by the OED(Stockwell) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                     Kirk Wendland

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet               NCSPHS: Amend/Approve

 

AMEND/APPROVE 7-0

1. Correct zip code to 32221

2. Spell out “CAM” acronym

3. Clarify 3% annual increase will commence after initial term ends

 

 

11.  2019-132

ORD Approp a transfer of $1,100,000 in funding from OED Rsv Acct to an Operating Line within the Shipyards Environmental Cleanup Project, Amending the 2019-2023 CIP Apv by Ord 2018-505-E to provide funding for the Project entitled "Shipyards Project - Environmental Cleanup"  (B.T. 19-056) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: F

 

    3/5/2019 F Read 2nd & Rerefer                                                       Eric Fuller

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; F

 

 

Bill Summary                Fact Sheet

 

Eric Fuller of the Solid Waste Division described the proposed cleanup activities on 3 areas of groundwater contamination at the Shipyards site that will take some time to complete. Starting now will help make the property ready for redevelopment when that time comes.

 

AMEND/APPROVE 7-0

Corrects account names in bill title and explanation of appropriation

 

 

 

12.  2019-133

ORD Auth the Granting of a Non-Residential Solid Waste Collection & Transportation Franchise to JJ's Waste & Recycling, LLC, Pursuant to Chapt 380 (Solid Waste Mgmt.), Pt 6 (Nonresidential Solid Waste Collection & Transportation Franchises), Ord Code; Oversight by Solid Waste Div, Dept of PW (McCain) (Introduced by CP Bowman pursuant to Chap 380)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced:TEU, F

 

    3/4/2019 TEU Read 2nd & Rerefer                                                      Eric Fuller

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; TEU, F

 

 

Bill Summary                TEU: Approve

 

APPROVE 7-0

 

 

13.  2019-134

ORD Auth the Borrowing & Approp of $18,000,000 in Funding from the City's Commercial Paper Facility, in order to provide Funding (1) $15,000,000 to Settle Certain Litigation btwn the City & Jacksonville Landing Investments, LLC. ("JLI") concerning the Disposition, Development & Lease agreement btwn the City & JLI("Landing Lease"), Terminate the Landing Lease, & acquire title to the Landing Bldg. Improvemnts & related personal property; (2) $1,500,000 for obligations of The City relating to Sublease termination, Tenant Relocation Costs, & other expenses; (3) $1,500,000 for Demolition of the Landing Bldg Improvemnts & Site Preparation costs; Amend the 2019-2023 CIP,  Apvd by Ord 2018-505-E to add the Project entitled "JLI West Parcel Demolition/Site Preparation";  Approving the settlement of certain litigation btwn The City & JLI with respect to Landing Lease; Apv & Auth the Mayor or Designee & Corp Sec to Execute said agreemts as set forth in the settlement agreement;  Auth OGC or designee to take further action to conclude the litigation (B.T. 19-069) (Sawyer) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                          John Sawyer

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet                NCSPHS: Amend/Approve

 

Assistant Council Auditor Kim Taylor explained the NCSPHS Committee amendment.

 

In response to a question from Council Member Schellenberg, Brian Hughes, Interim Executive Director of the Downtown Investment Authority, described the proposed demolition and site preparation/basic landscaping that will take place when the building is vacated later this year. The DIA has begun to receive initial inquiries from developers about potential uses of both the Landing site and the former city hall and courthouse sites on Bay Street. Council Member Boyer said she understands that the area will be at least grassed over and not left as bare dirt. In response to a question from Chairman Anderson, Mr. Hughes outlined the future of the current tenants of the Landing, most of which are on month-to-month leases and only 4 of which have longer leases. The DIA plans to assist those businesses in finding other locations to operate downtown if that is their desire. Mr. Hughes said that the City has not yet talked with the operator of the river taxi and the existing tenants of the Landing about their future because that is premature until the bill passes, but will do so when the legislation is approved.

 

AMEND/APPROVE 7-0

1. Reduces borrowing to $14.5M and appropriates funding from the Downtown Economic Dev. Fund.

2. Attaches Revised Exhibit 1 (BT) to correct project number and changes funding sources.

3. Attaches Revised Exhibit 2 (CIP Sheet) to correct project number and changes funding sources.

4. Attaches Revised Exhibit 3 (Settlement Agreement) to include missing exhibits.

 

 

 

14.  2019-135

ORD Auth & Apv Mayor & Corp Sec to Execute a Real Estate Purchase & Sale Agreemnt btwn The City of Jax & Load King Manufacturing Co., & to Execute all Deeds & Closing Docs relating thereto & take all necessary action to effectuate the purposes of the agreement, for the conveyance to Load King of Real Propty Comprised of 2 parcels approx..1.96 acres total at the corner of Myrtle Ave. N. & Union St. W., Jax,FL, to Expand & Redevelop the Load King Propty for new warehousing & shipping facilties which will result in addnl jobs for the community; Waiving Sec.122.421 (B) (Gen Provisions; Delegations of Authority), Chapt 122 (Public Propty), Ord Code, regarding Sale of Park Land to allow for Sale of Park Land; Directing Sale of proceeds specifically to Park Projects within Council Dist 9 in accordance with Sec 122.421 (I), Ord Code; Oversight by Real Estate Div of the Neighborhoods Dept. (Dist. 9-Dennis) (Johnston) (Introduced by CM Dennis)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                         CM Dennis

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                NCSPHS:

 

DEFER

 

 

15.  2019-136

ORD Auth & Apv Mayor & Corp Sec to Execute & Deliver, for & on behalf of the City, that Certain Agreemnt for Sale & Purchase  ("PSA") btwn the City of Jax ("City") & Harbour Waterway Special Dist ("Harbour"), & to Execute all deeds & closing documents relating thereto & take all necessary action to effectuate the purposes of the agreement, for the PSA, comprised of approx 44 acres of real propty located on an Island/Peninsula used for Dredge Spoil & known as Reed Island in the St. Johns River South of Blount Island less than 4 miles West of the Intracoastal Waterway ("The Property") for total purchase of $88,000; Waiver of Chapt 122 (Public Property), Sec 122.408 (Parklands Preservation Policy), Ord Code, that no Park-Related Land shall be converted to another use or sold by the City unless the City replaces that Land with New Park Faciltiies; Oversight by Real Estate Div of the PW Dept. (Dist 2-Ferraro) (Lotzia) ( Introduced by CM Ferraro)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F,JWW

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                        CM Ferraro   

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

    3/13/2019 JWW Approve (w/cond) 7-0-2 (Birtalan,Brock)

 

 

Bill Summary                NCSPHS: Amend/Approve

 

Council Member Boyer offered an amendment to the Auditor’s proposed amendments to attach a second revised purchase and sale agreement adding two conditions regarding perpetual maintenance of a nature trail and ADA accessibility of the trail leading from the island access point. Assistant General Counsel Emerson Lotzia confirmed that the second revised purchase and sale agreement was not changed other than by the two points raised by Ms. Boyer. The Boyer amendment was approved. Council Member Ferraro explained the use of this dredge spoil site and advocated for approval of the bill. Stanley Pikes, manger of the Harbor Waterways Special District, distributed a map showing the existing spoil site and the new property acquisition.

 

AMEND/APPROVE 7-0

1. Pg. 2, line 13 strikes the first “necessary”.

2. State in the bill that the property is being purchased for the appraised value.

3. Correct waiver section regarding parkland preservation to Section 122.421(b).

4. As recommended by OGC, include a waiver of Section 122.424(a)(1) concerning adjoining property owners.

5. Attaches a Second Revised Exhibit X (second revised purchase and sale agreement).

 

 

 

16.  2019-137

ORD Auth & Apv Mayor & Corp Sec to Execute & Deliver an Amendment 2 to lease Agreemnt btwn The City of Jax ("City") & Grace Aerospace, LLC. ("Tenant"), for the lease of (1) 4,350 sq. ft. of addnl space within Bldg 905 at a monthly rental rate of

 $ 2,240.25; & (2)  addnl space in Bldg 905-1 comprised of 1,773 sq. ft. Ofc Space at a monthly rate of $1,287.50, each bldg, at 13541 Lake Newman St., Jax, FL in Cecil Commerce Center; Oversight by OED (Sawyer) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                      Kirk Wendland

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet              NCSPHS: Amend/Approve

 

AMEND/APPROVE 7-0

1. Adds language regarding $200 monthly common area maintenance fee (CAM) for Building 905-1.

2. Adds extension of initial term and renewal options to bill title.

3. Pg. 2, line 4, makes “Sq.” and “Space” lowercase.

4. Pg. 2, line 31, strikes “OED” and inserts “Office of Economic Development”.

5. Places revised Amendment Two on file to correct text formatting on page 1 of lease amendment.

 

 

 

17.  2019-138

ORD Auth & Apv Mayor & Corp Sec to Execute a Purchase & Sale Agreemt btwn City of Jax & the Vestcor Family Foundation, Inc., a FL Corp, Not for Profit ("Developer") & to Execute all deeds & closing documnts. relating thereto & take all necessary action to effectuate the purposes of the agreemt, for the conveyance to Developer of Propty., comprised of 2 parcels consisting of approx 10.42 acres parcels of Parkland & unimproved Real Propty at 2100 & 2039 Forest St., Jax, FL (The Property"), to redevelop into a Charter School; declare property to be surplus to needs of the City; Waiving Sec 122.421(b) (Preservation of Parklands); reserving or granting all utilities & facilities easement for JEA: Oversight by Real Estate Div. (Stockwell) (Introduced by CMs Anderson, Boyer, Ferraro, Schellenberg)

(Co-Sponsored by CMs Freeman, R. Gaffney, Newby, White, Wilson, Becton, Bowman, Gulliford, Dennis & Pittman)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F                          CM Anderson, CM Boyer,   

 

    3/4/2019 NCSPHS Read 2nd & Rerefer            CM Ferraro & CM Schellenberg     

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                NCSPHS: Amend/Approve

 

Assistant Council Auditor Kim Taylor described the original Auditor’s marked agenda from the NCSPHS Committee. Council Member Boyer explained the amendments that she proposed and that were incorporated into the NCSPHS amendment on Monday. Ms. Boyer said that a currently vacant and undeveloped site has been identified near the current park and acquisition options are being explored, as well as land adjacent to an existing fire station. She explained the environmental remediation plans and the issues involved in designing the parking lot. In response to a question from Chairman Anderson about potential other uses of the property, Ms. Boyer said that the zoning would accommodate other limited public uses in addition to a school, but a school is the purpose for which this bill is introduced. She noted that the City has the right to sign off and approve all environmental remediation plans undertaken by the developer. In response to a question from Council Member Gaffney, Daryl Joseph, Director of the Department of Parks, Recreation and Community Services, said that the park has been unused for at least 10 years because of the contamination which must be cleaned up before any activity can take place on the site. This proposal is the most solid opportunity that has presented itself for productive reuse of the site.

 

AMEND/APPROVE 7-0

1. Strikes declaration of surplus from bill title.

2. Strikes easement language from bill title.

3. In first whereas clause, clarifies that only a portion of the subject REs are being conveyed.

4. Removes reference to Real Estate Certificate in Section 2 of bill and removes Exhibit 1 (Real Estate Certificate).

5. Adds language that the sales proceeds will be used for the District 9 geographic area shown on the map and attaches the map as a new Exhibit 2.

6. Corrects title of Section 2 of bill.

7. On page 4, strikes lines 5-7 in their entirety (related to construction of the parking lot).

8. Places revised purchase and sale agreement On File to:

  - change party names to “COJ” and “VFF”

  - remove obligation for VFF to construct parking lot, which will now be constructed by COJ

  - change timeframe for City to provide Escrow Funds from 60 days to 30 days

  - remove limitation that Escrow Funds can only be used for remediation of the top two feet of land

  - limit COJ funding for ash remediation to a maximum of $1,540,777

- require COJ accept all ash impacted soils

   -require that VFF provide easements

  - require VFF convey property located at 257 Goodwin St. to the City at no cost, and include in its SJRWMD permit drainage for the future COJ parking lot

  - attach Exhibit C to attach map of future COJ parking lot.

 

 

 

 

18.  2019-148

RESO Auth Issuance by Jax Housing Finance Auth of its Multifamily Housing

Revenue Bonds (Monaco Arms Apts), in an aggregate principal amount not to exceed $16,830,000 for the purpose of financing all or a portion of the costs related to the acquisition, rehabilitation & equipping of existing Multifamily Residential Housing Facilities for persons or families of low, middle, or moderate income, located at 10415 & 10525 Monaco Dr., Jax, FL to be commonly known as "Monaco Arms Apts."; determining credit not being pledged. (Lotzia) (Req of JHFA)

Public Hearing Pursuant to Sec 147(f), Internal Rev Code, held by JHFA -2/1/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                   Laura Stagner

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet               NCSPHS: Approve

 

APPROVE 7-0

 

 

19.  2019-149

RESO Auth Issuance by Jax Housing Finance Auth of its Multifamily Housing Revenue Bonds (Ashley Square) in an aggregate principal amount not to exceed $16,500,000 for the purpose of financing all or a portion of the costs related to the acquisition & construction of a Multifamily Residential Housing Facilities for elderly persons of low, middle, or moderate income located at 127 East Ashley St. & 116 East Beaver St., Jax, FL to be commonly known as "Ashley Square Apts."; determining credit not being pledged.  (Lotzia) (Req of JHFA)

Public Hearing Pursuant to Sec 147(f), Internal Rev Code, held by JHFA -2/1/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                     Laura Stagner   

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet               NCSPHS: Approve

 

APPROVE 7-0

 

 

 

20.  2019-150

RESO Auth Appl to Florida Inland Navigation Dist (FIND) for 2019 Grants to undertake specified Waterways-Related Projs; Auth Grant Agreemts with FIND as well as Related Docs; Acknowledge Willingness to meet Funding Requiremts; Oversight by Parks, Rec & Community Svcs Dept. (McCain) (Req of Mayor)

 

1. 2/26/2019 CO  Introduced: NCSPHS,F,JWW

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                        Bob Skalitzky   

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO Read 2nd & Rereferred; NCSPHS, F

 

    3/13/2019 JWW Approve 10-0

 

 

Bill Summary             NCSPHS: Approve

 

APPROVE 7-0

 

 

21.  2019-151

ORD Auth Execution of  (1) Redev Agreemt among the City of Jax,("City"), Downtown Investment Authority ("DIA"), & 500 East Bay LLC ("Developer"); which Redev Agreemt provides  for Design & Constrn of a Hotel, Water Park, Family Entertainment Amenities, Parking Garage & Riverwalk Improvmts  by the Developer on the Northbank of the St. Johns River  within the Northbank Downtown CRA ("Project"); (2) Quitclaim Deed conveying an Approx 2.8 Acre Parcel of City-Owned Land to the Developer at the Cost of $584,000 per Acre, subject to adjustments set forth in the Redev Agreemt; (3) a Riverwalk Improvmts Costs Disbursement Agreemt by which the Developer shall Construct on Behalf of City & at City's Expense certain Riverwalk Improvmts to be owned by City & Related to Proj; (4) a Restrictive Covenants & Parking Rights Agreemt requires a Minimum of 200 Short Term Public Parking Spaces dedicated to Public Use; (5) Related Agreemts as described in Redev Agreemt; Auth $3,500,000 Parking Garage Grant upon Completion of the Parking Garage; Auth $3,250,000 Completion Grant Payable upon Completion of the Proj; Auth an $8,250,000 Operational Performance Grant Payable over 15 yrs after Completion of the Proj; Auth Recapture Enhanced Value (Rev) Grant not to Exceed $20,000,000 in Connection with the Proj; Waiving Prov. of Chapt 122,(Public Propty),Pt 4 ( Real Propty), Subpart C, (Community Redev Real Propty Dispositions),Ord Code, to Auth Sale of City Owned Real Propty without an Appraisal to Developer at Less than Fair  Market Value; Designating DIA as Contract Monitor for Redevelopmt Agreemt; Amend 2019-2023 5 Yr CIP to add & Prov Funding for the Proj Entitled "North Bank Riverwalk Extension-Berkman II"; Designate Proj Oversight by  Public Works.  Waiver of Portion of Public Investment Policy adopted by ORD 2016-382-E which requires that in order for Developer to receive REV Grant, it must be in a targeted Industry category, must create at least 10 new full-time jobs, and wages therefore must be greater than or equal to 100% of the State of FL average wage and auth Parking Garage Grant, Completion Grant, & Operational Perf Grant. (Sawyer) (Introduced by DIA)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                               Brian Hughes      

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                Fact Sheet               NCSPHS: Defer

 

DEFER at the request of the Development Team

 

 

 

22.  2019-152

ORD-MC Approp $486,061.70 from Tourist Dev Tax Special Revenue Fund to Fund Convention Grants awarded Pursuant to Sec 666.108(B) (3) (VI) under Tourist Dev Plan set forth in Chapt 666, Ord Code, to separately account for and allow such grant funding to carryover each year; purpose; amend the TDC FY 2018-2019 Budget, Schedule W of The Annual Budget apv by Ord 2018-504-E to amend Convention Sales & Services Plan Component Budget Line Item to Itemize Funding for Convention Grants; Amend Sec 111.600 (Tourist Dev Tax Spec Rev Fund; Dev & Contingency), Pt 6 (Economic & Comm Dev), Chapt 111 (Spec Rev & Trust Accts), Ord Code; Amend Chapt 666 (Duval County Tourist Dev Plan), Sec 666.108 (Tourist Dev Plan); Ord Code; Amend Tourist Dev Council Grant Guidelines. (Hodges) (Introduced by CM Boyer)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/12/19

 

1. 2/26/2019 CO  Introduced: NCSPHS,F

 

    3/4/2019 NCSPHS Read 2nd & Rerefer                                                CM Boyer

 

    3/5/2019 F Read 2nd & Rerefer

 

2. 3/12/2019 CO PH Read 2nd & Rereferred; NCSPHS, F

 

 

Bill Summary                NCSPHS: Approve

 

Council Member Boyer explained the proposed use of unused prior-year funds for new grants. She introduced Lillian Graning, the new Executive Director of the Tourist Development Council who explained the proposal to allow the TDC to make convention grants from its new Convention Grants Account without the need for further City Council approval.

 

APPROVE 7-0

 

 

23.  2019-168

 

 

ORD Approp $15,614.42 of Fund Balance from the Duval County Teen Court Progs Trust in Order to Cover the Cost of a Part-time Employee within the Duval County Teen Court Prog; Auth Part-time Hours. (BT 19-064) (RC 19-098) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                Fact Sheet              NCSPHS: 2nd

 

2nd and Rerefer

 

 

24.  2019-169

 

 

 

ORD Concerning Surplus Personal Propty of the City; Declaring that Certain 2000 Chevrolet G3500 Van Valued at $5,600 to be Surplus to the needs of the City; Auth the Approp Officials of the City to transfer title of Said Propty to NE FL Healthy Start Coalition, Inc. for Use as a Transport Vehicle for Expectant Mothers, at no Cost, in Accordance with Sec 122.812 (C), Ord Code; Desig the Fleet Mgmt Div to Monitor Actual Use of Said Propty. (Sidman) (Introduced by CM Newby)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: TEU,F

 

 

Bill Summary                TEU: 2nd

 

2nd and Rerefer

 

 

 

 

25.  2019-170

 

 

 

ORD Approp $617,587.48 from Capital Improvemt Projs Certified Complete By Director of Public Works, Closed, & had Residual Balances Returned  to their Source or Sources of Origin, as well as Gen Fund Debt Service Interest, to Provide Funding for Fire Station Repairs; Providing Carryover of Funds FY 2019-2020; Amend 2019-2023  5-Yr CIP Apvd by Ord 2018-505-E to Provide Funding for Proj "JFRD Fire Station Repairs" (BT 19-062) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                Fact Sheet               NCSPHS: 2nd

 

2nd and Rerefer

 

 

26.  2019-171

 

 

 

ORD Approp $317,000.00 from Gen Fund/Gen Svc Dist Fund Balance to Provide Funding for the Settlemnt of a Lawsuit Filed by Eric Mitchell against the City, Gail Loput, & Kurt Wilson, alleging Race Discrimination & Retaliation; Apv the Settlemnt of Claims, include Claims for Attorney's Fees & Court Costs, in Trial Proceedings arising from Eric Mitchell v. the City of Jax, FL., et al; Auth Gen Counsel or Designee to take further Action to conclude the Litigation. (Granat) (Req of Gen Counsel)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                  Fact Sheet              NCSPHS: 2nd

 

2nd and Rerefer

 

 

27.  2019-172

 

 

 

 

 

ORD Apv & Auth Execution & Delivery of; an Agreemt to Settle Demo & Nuisance Liens Among the City of Jacksonville, Trout River Opportunity Fund, LLC, Corner Lot Dev Group, LLC and Breeze Homes, LLC, (Collectively, "Developers"), in Connection with the Redev, Rehab & Improvemt of the Vacant Propty located at 5809 Trout River Blvd, RE no. 021161-0000, which Lien Agreemnt Auth a Reduction of the Demo & Nuisance Liens to allow the Developers to Construct & Install New Water Utility Pipes & Lines Systems on the Subj Propty at an Est cost of $2,000,000 as described in (1) the Water Main Extension Site plan, and (2) the Geotechnical Exploration Trout River Water Main Report dated 5/15/18; Directing the Finance & Admin Dept, Planning & Developmnt Dept & Neighborhoods Dept to Monitor Compliance with the Lien Agreemnt; Auth Termination of the Lien Agreemnt if the Developer fails to meet a Deadline to apply for & successfully obtain the Required Environmental Resource Permit on/before June 1, 2019 (Pollock) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: TEU,F

 

 

Bill Summary                Fact Sheet              TEU: 2nd

 

2nd and Rerefer

 

 

28.  2019-173

 

 

ORD Approp $764,823.00 from FY 2018  Fund Balance within the Kathryn Hanna Park Subfund in order to reduce the FY 2019 Gen Fund - GSD Loan & Place the Funding into a Contingency for Initial Funding of the Cure Violence Prog Pending the Developmnt of a Completed Scope of Work & Svcs. (B.T. 19-071) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                Fact Sheet                  NCSPHS: 2nd

 

2nd and Rerefer

 

 

29.  2019-174

 

 

ORD Approp $30,000.00 in Federal Pass thru Grant Funds from FDOT to Reimburse the City for its Participation in the Design & Proj Mgmt for Sidewalk Improvmnts on Cedar Point Rd from East of Grover Rd, to West of Boney Rd; Oversight by Engineering & Construct Mgmt Div of Public Works.  (B.T. 19-068) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601-3/26/19

 

1. 3/12/2019 CO  Introduced: TEU,F

 

 

Bill Summary               Fact Sheet              TEU: 2nd

 

2nd and Rerefer

 

 

30.  2019-177

 

 

 

ORD Approp $3, 325,000.00 (Residual FY 2018 Debt Svc Capacity within the Sports Complex Maint Subfund & Avail Rev within the Amphitheater Subfund) to Provide funding for var CIP's in the Sports & Entertainment Area as well as Approp avail Rev within the Amphitheater Subfund  for var CIP's. (B. T. 19-070) (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                Fact Sheet                NCSPHS: 2nd

 

2nd and Rerefer

 

 

31.  2019-178

 

 

 

ORD Approp a total of $254,840.00 from the Tree Protection & related Trust Fund, Ord Subfund 15F, for the Proj known as " Moncrief Rd Beautification" along Moncrief Rd from 33rd St. to 45th St., Providing for Reversion of Unspent Funds; Oversight by PW Dept; Directive utilize Procuremnt Code for selection of contractor (Sidman) (Introduced by CM Newby)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,TEU,F

 

 

Bill Summary                NCSPHS:               TEU: 2nd

 

2nd and Rerefer

 

 

32.  2019-179

 

 

 

 

 

ORD Approp a total of $269,000 from the Jax Recreational & Environmental Land Acquisition Capital Projs Fund to Tree Hill, Inc., $103,000.00 of which shall be used for Acquisition of Propty at 7150 Lone Star Rd & the balance for Improvmnts to the Propty; Auth the Mayor or designee & Corp Sec to Execute & Deliver, an Agreemnt btwn the City of Jax & Tree Hill, Inc. for the purpose of acquiring the Propty & Constructing the Improvmnts; invoke exception of 126.107 (G), Ord Code, to award the Professional Svcs to Tree Hill, Inc. for Mgmt & Oversight of the acquisition & construction; Amend 2019-2023 5 Yr CIP apvd by Ord 2018-505-E to provide funding for the Proj entitled "Tree Hill Expansion & Improvement" Oversight by Parks, Recreation & Comm Svcs Dept. (Stockwell) (Introduced by CM Crescimbeni & Co-Sponsored by CM Morgan)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,TEU,F

 

 

Bill Summary                NCSPHS:               TEU: 2nd

 

2nd and Rerefer

 

 

33.  2019-180

 

 

 

 

ORD Auth Issuance by City of its Health Care Facilities Rev & Refunding Bonds Baptist Health), Series 2019, of $380,300,000 & Auth a Loan by the City to Southern Baptist Hospital of Florida, Inc (Baptist) in an Amount equal to the Amount of the Bonds, for Refunding Outstanding refunded bonds, which were Loaned to Southern Baptist Hospital of Florida, Inc & Financed or Reimbursed the Cost of the Acquisition Constrn & Equipping of Certain Health Care Facilities for said Corp. in the City of Jax,FL; Appt a Bond Trustee; Auth a Delegated Negotiated Sale of Bonds, Apv Conditions & Criteria for the Sale & Auth the City's Economic Dev Officer to Award the Negotiated Sale of Bonds to the Purchaser. (McGuire Woods LLP & Gen Counsel) (Req of Mayor)

Public Hearing Pursuant to Sec 147(f), Internal Rev Code, by EDO -

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/26/19

 

1. 3/12/2019 CO  Introduced: NCSPHS,F

 

 

Bill Summary                Fact Sheet                NCSPHS: 2nd

 

2nd and Rerefer

 

 

34.  2019-183

 

 

 

ORD-MC Repealing Chapt 220 (Vehicles for Hire), Ord Code, in its entirety; Creating a New Chapt 220 (Vehicles for Hire), Ord Code, to Provide for Vehicles for Hire Background Checks, Insurance, Standards of Svcs, Rates & Administration.

(Sidman) (Introduced by CMs Crescimbeni and Becton)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 3/26/19

 

1. 3/12/2019 CO  Introduced: TEU,F

 

Bill Summary                TEU: 2nd

 

2nd and Rerefer

 

 

 

 

 

***Items may be added at the discretion of the Chair. ***

 

Public Comment

2019-151: Greg Esterman, a property owner in the original Berkman I tower on Bay Street, said that residents of that building believe that the Berkman II property could be developed for a higher and better use than a hotel and entertainment center. They are concerned about noise and traffic surrounding their residential building. With his background in the real estate development business, he believes that a residential tower could work at the site, despite the developer’s contention that only a hotel and amusement center is financially viable. He believes that downtown is on the cusp of very positive redevelopment given the upcoming availability of The Landing site, construction of The District on the Southbank, and the availability of the former courthouse and city hall sites on Bay Street, and urged the Council not to rush into a less than ideal project that doesn’t provide much-needed permanent residents downtown.

 

 

 

 

Jeff Clements, Council Research Division

Posted 3.20.19    5:30 p.m.

 

Tape – 3.20.19 Finance Committee meeting – Legislative Services Division

 

 

 

 

 

 

 

 

 

 

 

 

 


 

2019-151 Berkman II Redevelopment Agreement

 

Concerns/Discussion Points:

  1. It appears that there are legal judgements from 2004-2018 totaling approximately $10.7 million against individual members of the development team and also limited liability corporations owned by members of the development team. Of the $10.7 million, it appears that approximately $10 million has not been satisfied. In addition, on another development project, it appears that delinquent taxes from 2018 and 2019 totaling $216,598 are owed by a limited liability corporation that is owned by a member of the development team.
  2. The Operational Performance Grant has not been provided as an incentive in the past. Will this set a precedent? Will this grant impact the other downtown hotels?
  3. The preliminary estimate provided by Public Works for the Riverwalk Improvements is $400,000. The Redevelopment Agreement provides for the City to reimburse the Developer for the Riverwalk Improvements up to $1,800,000 and allows the cost of financing, legal fees and construction management fees to be included as a reimbursable cost.
  4. With previous development deals and this current development deal there will be a future impact paid out over several years from the General Fund/GSD of $20,350,000. See below.

 

Note: The Parking Garage Grant of $3,500,000 will be paid from the Downtown Economic Development Fund.

 

Recommended Amendments:

In the bill:

  1. Include $1,800,000 as the not to exceed amount for the Riverwalk Improvements Disbursement
  2. Include “Redevelopment” in front of Completion Grant throughout the bill
  3. In the bill include “up to $1,000,000” in reference to the Environmental Offset
  4. Specify the funding sources for the grants in the bill
  5. Strike lines 15-19 in Section 13 (Waiver of Public Investment Policy) of the bill that states compliance with the PIP
  6. In Section 13 (Waiver of Public Investment Policy) include waivers of the types of grants being offered since they are not stated in the PIP
  7. Attach Revised Exhibit 1 to include the Term Sheet approved by the DIA Board
  8. Attach Revised Exhibit 2 to include a project number on the Project Information Sheet
  9. Correct scriveners error on pg. 7, line 3

 

 

In the Redevelopment Agreement:

  1. Place a Revised Agreement On File for the following:
    1. Section 1.1: Clarify that the Developer will oversee and manage the completion and construction of the “Building Improvements”, strike “of certain portions” concerning substantial completion of the project and change “Completion Grant” to “Redevelopment Completion Grant”.
    2. Section 1.6: Strike “(excluding the obligations contemplated for the Garage Lease)”
    3. Section 2.2: Clarify in the definition of Annual Lodging Revenue that the Operational Performance Grant will be paid based on the same revenue used to calculate actual bed taxes owed.
    4. Section 2.23: Include that the Public Parking Spaces will be available 24/7
    5. Section 2.28: Clarify that Certificate of Occupancy is required to determine Substantial Completion
    6. Section 5.4(c)(v): Change “acquire” to “purchase” and clarify that the sale will be in accordance with Part 2 of Chapter 55
    7. Section 8.2: Change calendar year end to be March 31st instead of April 1st and change May 15th to May 30th for when the City will make payment
    8. Section 8.3(a)(i): Require written notice to the City by April 20th each year of the agreement for payment of the Operational Performance Grant
    9. Section 8.4: Change May 15th to May 30th regarding disbursements of the Operational Performance Grant
    10. Section 9.1: Change Final Year to 2043
    11. Section 10.1: Strike “each installment” and include “City’s obligation to disburse the RC Grant”
    12. Section 11.2(a): Change language on disbursement of the Parking Garage Grant to reflect that the Developer has purchased the City Parcel and has constructed the Parking Garage with the Public Parking Spaces
    13. Section 12.2: Include reference to Riverwalk Improvements
    14. Section 13.1(b): Remove language regarding reporting requirements after substantial completion
    15. Section 14.1: Include requirement of reporting as of April 20th 
    16. Section 15.3(e): Change “reversion” to “repurchase” and include a repurchase right for the completion deadline for the garage in the third paragraph
    17. Exhibit D Riverwalk Improvements Costs Disbursement Agreement:

                                                              i.      Section 2.12: Clarify that disbursement is not a lump sum payment

                                                            ii.      Include new Exhibit A-1 to reference location of the Riverwalk Improvements

                                                          iii.      Exhibit B: Clarify that Section 6.4 is in the Redevelopment Agreement

    1. Exhibit F Parking Garage Improvements

                                                              i.      Correct  the number of spaces from 631 to 630

    1. Exhibit G Restrictive Covenants and Parking Rights Agreement

                                                              i.      Section 1.5: Correct Garage Owner to be 500 East Bay LLC

    1. Exhibit K Quitclaim Deed with Repurchase Rights

                                                              i.      Correct Grantee name to 500 East Bay LLC

    1. Exhibit M Temporary Construction Easement

                                                              i.      Paragraph 4: Reference the Disbursement Agreement regarding the insurance requirements instead of the Redevelopment Agreement

                                                            ii.      Exhibit A: Clarify that Section 6.4 is in the Redevelopment Agreement

    1. Correct scriveners errors and section references throughout the agreement and exhibits