ACTION ITEM
SPONSOR: Teniade Broughton, Chairperson
SUBJECT:
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FIFTH AMENDMENT TO THE DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR THE HAWKSHAW REDEVELOPMENT PROJECT AT 9TH AND ROMANA.
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RECOMMENDATION:
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That the Community Redevelopment Agency (CRA) approve the Fifth Amendment to the Declaration of Conditions, Covenants, and Restrictions for the Hawkshaw Redevelopment Project at 9th Avenue and Romana Street. Further, that the CRA accept the change to the project development team.
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SUMMARY:
On October 11, 2021, the Community Redevelopment Agency (CRA) approved the 4th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project in accordance with the revised project components and conceptual design plans presented on June 14, 2021.
A 5th Amendment is proposed to the Declaration of Conditions, Covenants and Restrictions to clarify the milestones provisions and order of sequence.
On February 8, 2022, the developer notified CRA staff of a change to the development team, as required by the 4th Amendment. Foy Tatum and Zachary Gibbs are no longer a part of the team.
PRIOR ACTION:
November 6, 2017 - CRA approved the development agreement/contract for sale of the Hawkshaw property to Robert Montgomery, LLC.
February 26, 2018 - The deed for sale of Hawkshaw property to Hawkshaw Developers, LLC was filed in Escambia County Official Records.
June 10, 2019 - The CRA approved extension of the commencement deadline for the Hawkshaw redevelopment project at 9th Avenue and Romana Street to September 30, 2019 and granted extension of the construction commencement deadline.
August 5, 2019 - The CRA approved the revised design plans, revised construction timeline and changes to the Hawkshaw Redevelopment, LLC. Development Team.
May 10, 2021 - The CRA directed staff to send a letter to the developer requesting a presentation during its June meeting, as well as, written documentation of the developer’s diligent and continuous prosecution of construction on the project and previously requested items from the CRA Chairman’s letter dated December 17, 2019.
June 14, 2021 - The development team made a presentation to the CRA.
July 12, 2021 - The CRA authorized negotiation of a 4th Amendment to Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
October 11, 2021 - The CRA approved the 4th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project including a requirement for monthly project updates.
FUNDING:
Budget: NA
Actual: NA
FINANCIAL IMPACT:
None.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
3/1/2022
STAFF CONTACT:
David Forte, Deputy City Administrator - Community Development
Sherry Morris, Development Services Director
M. Helen Gibson, AICP, CRA Manager
Victoria D’Angelo, Asst. CRA Manager
ATTACHMENTS:
1) Fifth Amendment to Declaration
2) 2022 02 08 Letter to Gibson re Financial Commitment
3) 2022 02 08 Letter to Gibson re Change in Development Team
PRESENTATION: Yes end