ACTION ITEM
SPONSOR: Teniade Broughton, Chairperson
SUBJECT:
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SIXTH AMENDMENT TO HAWKSHAW DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
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RECOMMENDATION:
recommendation
That the Community Redevelopment Agency (CRA) approve a Sixth Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project at 9th Avenue and Romana Street as enumerated in the attached.
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SUMMARY:
In June 2017, the Community Redevelopment Agency (CRA) issued a Request for Proposals (RFP) for redevelopment of the property at 9th Avenue and Romana Street (the Hawkshaw Redevelopment Project).
On October 11, 2021, the Community Redevelopment Agency (CRA) approved a revised design which included an apartment development with 195 to 210 units (4th Amendment to CCRs). A 5th Amendment was also approved on March 7th, 2022, which clarified the milestone provisions and order of sequence.
At the CRA’s September meeting, the developer presented a revised proposal and requested a 6th Amendment to the CCRs to permit development of the site in accordance with the revised plan proposal. The CRA authorized staff to proceed with negotiations which were brought back at the CRA’s October meeting. Additional changes were proposed by the developer pertaining to phasing the project during the meeting. The CRA tabled consideration of action on the 6th Amendment to the Hawkshaw Development request until the next scheduled meeting to allow additional time for further review of the request.
The attached amendment includes the following:
• Project substantially in accordance with the renderings presented at the September 12th meeting and contains a range of 50 to 54 residential units, which may be phased.
• Revised milestones:
o Submittal of final plans for permitting - No later than June 30, 2023. If the project is constructed in phases - Phase 1 no later than June 30, 2023; Phase 2 no later than 180 days after issuance of building permit for Phase 1.
o Commencement of vertical construction within 180 days from receipt of building permit. (If in phases, 180 days from issuance of building permit for applicable phase).
o Substantial completion of Project no more than 30 months following commencement of vertical construction.
• Revision of Force Majeure clause to add provisions pertaining to changes in interest rates.
• Reduction in liquidated damages from $2,500 per day, up to $100,000 per milestone, to $500 per day, up to $25,000 per milestone.
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 the 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.
March 7, 2022 - The CRA approved the 5th Amendment to the Declarations of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
September 12, 2022 - The CRA authorized staff to negotiate a 6th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
October 10, 2022 - The CRA tabled action on the 6th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project until the next scheduled CRA meeting.
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
10/28/2022
STAFF CONTACT:
David Forte, Deputy City Administrator - Community Development
Sherry Morris, Development Services Director
Victoria D’Angelo, CRA Assistant Manager
ATTACHMENTS:
1) Proposed 6th Amendment to CCRs
PRESENTATION: No end