CITY COUNCIL AGENDA ITEM
Memo Date: November 3, 2020
Agenda Date: November 17, 2020
Prepared By: Matthew Fuhrer, Assistant City Manager
Through: Stockton Whitten, City Manager
Requested Action:
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Award RFP-21-02-COC to Family Promise of Brevard, Inc. and authorize the City Manager to further negotiate a long-term Lease Agreement for the use of the 114 First Street property (former fire station #1).
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BACKGROUND:
At the June 10th regular City Council meeting City Council directed staff to negotiate a long-term lease of the old fire station #1 located at 114 First Street with Family Promise of Brevard, Inc. Since that meeting staff has been working with representatives of Family Promise of Brevard to develop a mutually agreeable lease agreement. While working on the details of the Agreement representatives of Family Promise of Brevard, Inc. were working simultaneously to conduct the necessary assessments of the facility to gain an understanding of their commitment. It was anticipated that staff would be returning an Agreement for City Council consideration at the September 23rd regular City Council meeting.
On Friday September 11th 2020, the Florida Court of Appeals 2nd District issued an opinion that raises questions regarding the City's ability to directly negotiate a lease for the former fire station with Family Promise of Brevard, Inc. The opinion, while not yet final due to motions for rehearing filed by the parties to the litigation, concludes that previous guidance of the Florida Attorney General regarding the process to dispose of or lease real property within a Community Redevelopment Agency incorrectly stated that property acquired prior to the creation of a CRA was not subject to the request for proposal process required in section 163.380(3)(a), Florida Statutes. The former fire station #1, while owned by the City of Cocoa, is located within the Cocoa Community Redevelopment Area.
At the regular meeting of City Counc...
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