june 27, 2011 @ 2:00 p.m. city hall commission chambers · a. presentation from engauge and brand...

11 administrative items

a. Approval of Minutes from May 9, 2011

21 action items

a. Presentation from Engauge and Brand Logo Selection b. 3rd Annual Winter in the Park Holiday Ice Skating Rink

31 informational items

a. CRA Expansion Analysis b. Park Ave Area Task Force Update

41 new business items

51 adjournment

June 27, 2011 @ 2:00 p.m.

City Hall Commission Chambers 401 Park Avenue South · Winter Park, Florida

Subject

Minutes from May 9, 2011

motion | recommendation

Staff recommends approval of the minutes from the May 9, 2011 CRA Agency meeting.

background N/A

alternatives | other considerations N/A

fiscal impact N/A

strategic objective

N/A

June 27, 2011

N/A

COMMUNITY REDEVELOPMENT AGENCY May 9, 2011

The meeting of the Community Redevelopment Agency was called to order by Mayor Kenneth Bradley at 2:07 p.m. in the Commission Chambers, 401 Park Avenue South, Winter Park, Florida. Members present: Also present: Mayor Kenneth Bradley City Manager Randy Knight Commissioner Steven Leary CRA Attorney Anthony Garganese Commissioner Sarah Sprinkel Deputy City Clerk Michelle Bernstein Commissioner Carolyn Cooper CRA Director Dori DeBord Commissioner Tom McMacken Assistant CRA Director Peter Moore Orange County Representative Frank DeToma CRA Coordinator Gabriella Serrado Mayor Bradley welcomed Commissioners Leary and Sprinkel and Orange County Representative Frank DeToma as this was their first CRA Agency meeting. 1. Administrative Items Motion made by Commissioner McMacken to approve the minutes of February 14, 2011; seconded by Commissioner Leary. The motion carried unanimously with a 6-0 vote. 2. Action Items

A. Housing Rehabilitation Program CRA Coordinator Gabriella Serrado provided a brief summary on the modifications to the Housing Rehabilitation Program presented on February 14, 2011. Some of the changes mentioned was the establishment of an application deadline, the increase in the program reuse clause from 5 to 10 years, requiring approved applicants to complete 10 hours of community service prior to commencement of the rehabilitation and the establishment of a mandatory home maintenance training and repair program for all eligible applicants. At the February 14 meeting the Agency directed staff to look at and determine the implications if they removed the moderate income level from the guidelines. Based upon the Orange County income limit guidelines, a family of four of moderate income household at $72,000 and based on these guidelines this program has assisted only two households since the start of the program. The CRA Advisory Board reviewed the guidelines with the deletion of the moderate income and it was approved unanimously. Ms. Serrado advised that staff recommends approval of the revised Housing Rehabilitation Program guidelines with the removal of the moderate income household as classified by Orange County. Ms. Serrado answered questions. Motion made by Commissioner Cooper to approve the Housing Rehabilitation Program; seconded by Commissioner Sprinkel. Upon a roll call vote Mayor Bradley and Commissioners Leary, Sprinkel, McMacken, Cooper and Representative DeToma voted yes. The motion carried unanimously with a 6-0 vote.

CRA AGENCY MEETING MINUTES MAY 9, 2011 PAGE 2 OF 4

B. Purchasing Policy CRA Director Dori DeBord explained that on April 25, 2011, the City Commission adopted the revised purchasing policy drafted by the City’s Purchasing Division. She advised that staff recommends approval of the City’s Purchasing Policy as the formal purchasing policy of the CRA. Motion made by Mayor Bradley to approve the Purchasing Policy as presented at the last City Commission meeting of April 25, 2011; seconded by Commissioner McMacken. Upon a roll call vote Mayor Bradley and Commissioners Leary, Sprinkel, McMacken, Cooper and Representative DeToma voted yes. The motion carried unanimously with a 6-0 vote. 3. Informational Items

A. Park Avenue Area Task Force Update CRA Director Dori DeBord provided an update on the marketing scope of work and contract with Engauge, LLC. Ms. DeBord advised that Engauge, LLC has completed the public input portion for the branding side of the marketing effort and is now working on the creative product and a marketing strategy/program. Mayor Bradley asked for a specific time frame or a target date for completion. Ms. DeBord believed they should have everything completed by end of June or early July. Mayor Bradley said they need to become more aggressive in communicating with the citizens and let them know that this task is much more than a branding exercise, but rather a strategic plan/program. Commissioner Cooper suggested that a letter be sent to the Orlando Sentinel to help with the communication efforts. There was consensus for Communications Director Clarissa Howard to draft a letter and coordinate this task. Ms. Howard acknowledged. Commissioner Cooper requested that Engauge, LLC is made aware of the City’s recent Historic designation so they can incorporate it into the strategic plan. Ms. DeBord acknowledged.

B. Scholarship Program

CRA Director Dori DeBord provided a brief summary on the scholarship program. She explained that City staff discussed with Orange County staff a potential CRA Plan amendment to incorporate a scholarship program using TIF revenues. Orange County staff raised concerns with the funding specifically the use of TIF dollars for CRA scholarships. They also raised concerns that the program scope is outside the TIF language statutes. She said an alternate to developing a scholarship program with the CRA using TIF revenue would be to consider a Citywide program that would allow all students within the City to be eligible and it would be funded through other means. Ms. DeBord asked for direction and answered questions regarding alternative funding options, such as private funding/donations or to use the auspices of the City’s ability as a not-for-profit or tax exempt status. She indicated that this would alleviate the concerns with the use of TIF funds for this program and the lack of statutory scope to support it.

CRA AGENCY MEETING MINUTES MAY 9, 2011 PAGE 3 OF 4 Mayor Bradley asked if there is an appropriate advisory board within the City that might be able to assist with this item. City Manager Knight indicated that the CRA Advisory Board would be appropriate since they deal with social issues. Motion made by Mayor Bradley that the current scholarship program be de-funded and that it be referred to the CRA Advisory Board, a program which could take its place that could be Citywide and potentially look at City funds and/or ask the City for a funding sponsor; seconded by Commissioner Leary. Commissioner Cooper said she would like to see this program continue to be funded by the CRA. Commissioner McMacken agreed that the CRA Advisory Board should pursue alternative funding mechanisms and the logistics of the program. Mayor Bradley agreed that the program and the funding should be clearly defined so it can be done the right way effectively. Commissioner Sprinkel supported the current motion and looked forward to having the CRA Advisory Board research this item and bring back recommendations. Commissioner Leary indicated that he is in support of the current motion because it is very important that they protect the integrity of the CRA. Joe Terranova, 700 Melrose Avenue, concurred with the comments and recommendations. Upon a roll call vote Mayor Bradley and Commissioners Leary, Sprinkel, McMacken and Representative DeToma voted yes. Commissioner Cooper voted no. The motion carried with a 5-1 vote.

4. New Business items CRA Director Dori DeBord requested to have a CRA Agency meeting on June 27 at 2 p.m. to discuss two items; specifically the TIF revenue since they will have the numbers in and what they mean and the Ice Rink to determine if they want to continue this event or not. Commissioner Sprinkel asked if they could also include the report from Engauge, LLC. Ms. DeBord agreed as long as it is completed. Commissioner Leary requested that Engauge Marketing be notified that the Commission is seeking a report by June 27. Ms. DeBord acknowledged. She said that she would also be happy to speak about the six goals of the Strategic Plan and what has been completed to date. Mayor Bradley mentioned that they previously spoke about the possible extension of the CRA boundaries and potential timeframes. He asked what the best approach is and if staff has looked at whether or not there are any other areas that would be suitable for new development or annexation opportunities. He suggested that staff start a dialogue and research this item. There was consensus to have this as an Action Item for the June 27 meeting. Assistant CRA Director Peter Moore addressed Representative DeToma’s concern regarding the CRA on the Westside. He explained that two years ago they had a discussion with Orange County Commissioner Siegel and Orange County staff about a number of options for possible expansion of CRA. At that time Orange County said the City could expand the CRA but there would be no TIF revenues in the new sections, meaning Orange County would not contribute anything from the growth of the properties. He added that without TIF there is really no reason to go through the legal constraints and issues in setting up a CRA; they would be better off doing a Homerule tax district or something else.

CRA AGENCY MEETING MINUTES MAY 9, 2011 PAGE 4 OF 4 The CRA Agency meeting adjourned at 2:52 p.m.

__________________________ Chairman Kenneth W. Bradley

ATTEST: _____________________________ City Clerk Cynthia S. Bonham

Subject 2A

Engauge Presentation and Brand Logo Selection


Selection of one of the two brand logos.

Background For over 2 years the City, merchants, residents, and visitors have all provided input through surveys and numerous public meetings to identify those factors and issues that draw business to the downtown and build a stronger local economy. The adoption of the Park Ave Strategic Plan and creation of the Task Force have all been steps along the journey of completing a marketing and brand awareness plan (First goal of the Park Ave Strategic Plan) that will promote downtown Winter Park and eventually lead to the creation of a Business Improvement District. Engauge will be unveil their work on the downtown brand and tag-line to the CRA Agency. The City has encouraged all area merchants and stakeholders to attend through the handout of invites, email blasts, and press releases (attached). This important public meeting will determine the look of the brand image going forward and allow Engauge to continue with the completion of their assigned scope of work, culminating in the presentation of the final marketing plan. Engauge will present on their work completed to-date. Explain the research and background data gathering process they have undertaken, and unveil the tag-line and two options for the brand image. An excerpt from their presentation and a copy of the press release has been included for review.

alternatives | other considerations

N/A

June 27, 2011

fiscal impact The Park Ave Strategic Plan has been funded with $150,000 to execute the 6 goals outlined in the document. The largest and most significant goal, Expanding the Brand and Creating a Marketing Plan for the CBD, is funded with $90,000 from this budget through the contract with Engauge.

strategic objective

Meets Goal #1 of the adopted Park Ave Strategic Plan and enhances the sustainability and integrity of the downtown core.

Brand Platform and Engagement PointFor Marketing Plan for Winter Park Central Business District

brand platform

brand platform

Purpose: The key reason for the brand to exist

Values: Set of principles that guide the brand’s offering and behavior and set expectations

Positioning: The “exclusive” space that the brand occupies in the market relative to competitors

Personality: The human characteristics that bring the brand to life

Promise: The core benefit that is promised and delivered at every touch point

The Brand Platform tool was created by and is for exclusive use by Engauge Marketing, LLC and may not be reproduced in any way.

brand platform: Winter Park CBD

Purpose: A place that brings together people for elevated experiences every day

Values: Authenticity; Culture; Tradition; History; Quality

Positioning: A remarkable combination of culture, dining and shopping - in one historically charming, stylishly sophisticated and naturally beautiful village

Personality: Stylish; Intellectual; Charming; Hospitable; Social

Promise: Every day in Winter Park is exceptional

The Brand Platform tool was created by and is for exclusive use by Engauge Marketing, LLC and may not be reproduced in any way.

engagement point

our approach

Consumer Insight Consumer Insight

Brand Essence

Engagement

Point

The two come together to form a powerful brand promise that

serves as the foundation for creative development and

messaging

Inherent attributes, values and

personality traits of Winter Park

Drawn from all research, insights

and identification of a consumer need or

desire

The Engagement Point tool was created by and is for exclusive use by Engauge Marketing, LLC and may not be reproduced in any way.

our approach


Brand Essence

Engagement

Point

Seeking to discover

something out of the ordinary


Seeking to discover something out of the ordinaryThe economy and rise of couponing have changed the way that consumers shop. To make every dollar count, they want to make sure they’re getting the most for their money. They are demanding value that goes beyond price and have stepped up expectations for higher-quality experiences from increased ambiance, authenticity and connectivity. In a world filled with big box chains and busy schedules, consumers welcome opportunities to find and experience something special.

our approach


Brand Essence

Engagement

Point

An elevated experience that

leaves you enriched

Seeking to discover



An elevated experience that leaves you enriched

Taking the time to savor the good things in life has a way of leaving you fulfilled and refreshed. In Winter Park, this sense of satisfaction can be enjoyed every day. With nationally-recognized museums, renowned restaurants, chic boutiques and beautiful parks and lakes, Winter Park’s legacy is its uncanny ability to surprise and delight at every turn. With so much to take in and enjoy, it’s the perfect place to linger and connect with friends, family and yourself. A place for discovery that leaves you feeling relaxed and complete again. A welcoming community where you can count on friendly smiles and others know your name. Like a good vacation, but always within reach, the Winter Park experience is one that enriches and renews every time.

our approach


Brand Essence

Make every day exceptional

An elevated experience that

leaves you enriched

Seeking to discover



Make every day exceptional

Winter Park makes even the most basic activities remarkable and enjoyable experiences. From morning coffee to a business lunch to after-dinner drinks, Winter Park’s historic charm and stylish sophistication makes every occasion, big and small, that much more enjoyable. The authenticity and quality of Winter Park’s offerings are a refreshing break from the norm and make you want to press Pause on the hustle and bustle of your daily life to savor these moments. It’s a quality and way of life that most dream of—that is much closer than one would think. Treat yourself to an exceptional day, every day, in Winter Park.

next steps

All elements contained in this presentation are property of Engauge Marketing, LLC until contract with the City of Winter Park is fulfilled to completion.

PRESS RELEASE For Immediate Release: Media Contact: Clarissa Howard 407-599-3428 or cell 407-948-2044

BRAND IDENTITY ELEMENTS FOR WINTER PARK’S CENTRAL BUSINESS DISTRICT TO BE PRESENTED

WINTER PARK, Fla., an internationally recognized ICMA Excellence Award winner with accredited fire, police and parks & recreation agencies (June xx, 2011) – On Monday, June 27, at 2 p.m., in City Hall Commission Chambers located at 401 Park Avenue South, Engauge, one of the nation’s largest independent advertising agencies will unveil the initial elements of the new brand package for the Central Business District (CBD) to the Community Redevelopment Agency (CRA) during their regularly scheduled board meeting. The presentation will include the revealing of the brand strategy and the proposed logo and tagline options for the CBD. In an effort to give the CBD a competitive advantage in today’s retail climate, the CRA has hired Engauge to develop a marketing plan. These efforts began in 2009 when America’s Research Group found that there was very little cooperative marketing being done by downtown Winter Park businesses. This study led to the development of a Park Avenue Area strategic plan that addressed six goals. Engauge was tasked to fulfill the first goal of the strategic plan: Expand brand & increase marketing of the Park Avenue area. During the first three months of their five month contract, Engauge developed a brand strategy and identity package that resulted from many hours of research, on-site visits, discovery sessions, and several public meetings with City Commissioners, key stake-holders, residents, merchants and business owners. The overall brand package will include the logo, tagline, color scheme, video and verbiage. Upon adoption of the package, Engauge will continue to develop the marketing plan that will communicate this new brand to the community locally, regionally and worldwide. The public is invited to attend the CRA Agency meeting and share their thoughts and/or feedback regarding the proposed brand elements. For further questions, please contact 407-599-3695.

# # #

Subject 2B

3rd Annual Winter in the Park Holiday Ice Skating Rink


Approval and forward funding of this holiday event with $180,000.

Background Following the survey efforts of America’s Research Group which indicated a desire for more “family friendly” events in the downtown area, the Winter in the Park Ice Rink event was developed.

For two years the CRA of Winter park has funded this event which provides residents and visitors a vibrant and unique opportunity to visit and shop in Winter Park’s downtown core during the crucial holiday season. Last year’s event brought in over 13,000 skaters, a 30% increase over the prior year and resulted in over a quarter million dollars in spending in downtown shops and restaurants. Skater and Merchant surveys were completed as part of the event and provided valuable feedback as to the quality of the event, demographics of the participants, and impact on downtown businesses. Overwhelmingly visitor and merchant surveys support the continued tradition of the Winter in the Park event. (Presentation material summarizing the proposed event is attached.)

Staff is proposing to start the event November 19, 2011 and end on January 8, 2012 and the event will be managed by Magic Ice USA the operator for the last two year’s events. This year’s contract is almost identical to prior years’ with the exception of some favorable changes to rental pricing, concession revenues, and employee cost share.

Staff is currently raising major sponsorship donations. As of the date of writing this item, over 75% of last year’s major sponsor revenue has already been raised (FL Hospital and Rollins College) and it is likely that last year’s total major sponsorship revenue will be exceeded by ongoing conversations with other potential sponsors. Local Channel 6 and last year’s other media

June 27, 2011

5-0

sponsors are also committed to continuing with the event and the office is already receiving calls from local businesses looking to book the event for private parties. On April 28th the CRA Advisory Board strongly approved continuing this event and approved the funding unanimously. The attached contract with Magic Ice USA will go to the City Commission for approval pending the decision of this board. alternatives | other considerations

Cancel the event.

fiscal impact The event is being paid for by the CRA, will require $180,000 in forward funding, and is anticipated to break even based on historical growth in sales and major sponsor revenue. A calculation of estimated expenditures and revenue scenarios is attached for review (see presentation and expenditure revenue analysis).

strategic objective

Promotes a vibrant and healthy downtown by supporting events that build community, add to quality of life, and increase investment in the downtown core.

2011 Ice Rink Estimated Expenditures and Revenues

Expenditures 2011

84,750$

Site Prep 2,250$

15,000$

105$

3,500$

Restroom Trailer 7,000$

Grass Replacement 8,000$

Marketing Plan 20,000$

Lighting and Decoration 750$

Merchandise (Socks & Gloves) 1,000$

28,000$

School Payouts 1,500$

Misc Expenses (@5%) 8,593$

180,448$

Revenues Scenario 1 Scenario 2 Scenario 3

Skating Revenue 118,000$ 129,800$ 129,800$

Socks/Gloves 1,765$ 1,942$ 1,942$

Mugs/Hats/Ornaments 430$ 473$ 473$

Private Parties 2,908$ 3,199$ 3,199$

Subtotal 123,103$ 135,413$ 135,413$

Less Sales Tax (@6.5%) (7,513)$ (8,265)$ (8,265)$

Revenue to CRA 115,590$ 127,149$ 127,149$

Major Sponsors (1-2@ 10,000) 10,000$ 10,000$ 20,000$

Minor Sponsors (2@ 5,000) 10,000$ 10,000$ 10,000$

Dasherboard Sales 22,000$ 22,000$ 22,000$

Concession Sale 4,000$ 4,000$ 4,000$

Sponsorship/Concession Revenue to CRA 46,000$ 46,000$ 56,000$

Total Revenue 161,590$ 173,149$ 183,149$

Total Expenditure 180,448$ 180,448$ 180,448$

Est. Profit/Loss (18,858)$ (7,299)$ 2,701$

Scenario 1 assumes that the exact revenues collected from attendance and sponsorships last year will be collected again.

Scenario 2 assumes that attendance will grow by 10%, but sponsorships will stay the same.

Scenario 3 assumes that attendance will grow by 10% and sponsorship revenue will increase by $10,000

Labor/Staffing

TOTAL EXPENSES

Magic Ice Equipment Rental

Tent and Fence Rental

Moving of Shed (POD rental)

Banners/Printing/Dasher board installations

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WINTER PARK HOLIDAY ON ICE EQUIPMENT RENTAL AND MANAGEMENT AGREEMENT

THIS EQUIPMENT RENTAL AND MANAGEMENT AGREEMENT (“Agreement”) is entered into this ___ day of ______________, 2011 by and between Magic Ice USA, Inc., a Florida corporation (“Magic”) whose address is 10364 SW 128 Terrace, Miami, Florida 33176, and the City of Winter Park, a Florida municipal corporation (“City”) whose address is 401 Park Avenue South, Winter Park, Florida 32789.

WITNESSETH: WHEREAS, the City desires to install a tented ice rink in Central Park for the Winter Holiday Season; and WHEREAS, Magic represents and warrants that it has the expertise and ability to install, and remove a temporary ice skating rink and to safely and reasonably operate and maintain the temporary ice skating rink under the terms and conditions stated herein; and THEREFORE, in consideration of the mutual promises and benefits contained herein, the adequacy and receipt of which is acknowledged by both parties to this Agreement, Magic and City agree as follows:

1. Recitals. The foregoing recitals are true and correct and are hereby expressly incorporated into this Agreement.

2. Scope of Services – Generally Provided by Magic.

a. Magic shall provide to City all of the Equipment and personnel that are necessary to install, maintain, operate, manage, and remove a temporary tented ice skating rink in the West Meadow of Central Park located on New York Avenue, as more specifically described hereunder. Said rink shall be operated during the holiday season from November 19, 2011 through January 8, 2012. The rink management services shall be as provided on Exhibit “A,” which is attached hereto and incorporated herein by this reference.

b. Magic shall take sole and absolute responsibility of managing, operating, and

maintaining the ice rink on a daily basis and will provide general liability insurance coverage, as more specifically provided herein, to protect against any damages and indemnification claims arising out of, or related to the managing, maintenance and operation of the ice skating rink.

3. Equipment Provided by Magic. The ice Equipment rental which shall be

provided by Magic under this Agreement shall include, but not be limited to:

a. A 54’x76’ ice rink pumping grid, including all header piping and plumbing transmission piping from the rink to the refrigerator system, which shall not be located more than 50 feet from the rink.

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b. 200 horsepower air-cooled refrigeration system and pump; suitable for making ice.

c. Ice maintenance tools. d. Insulation and/or vapor barriers. e. Module dasher board and railing system. f. Secondary refrigerant cooling liquid. g. Ice painting equipment and supplies. h. A minimum of 300 pairs of rental skates of various sizes. i. 500 square feet of rubber flooring. j. Transformer to convert from 480 volt/250 amp to 208 volt/1000 amp.

(collectively “Equipment”). City acknowledges the Equipment being leased pursuant to this Agreement may be used Equipment. However, at all times, Magic represents and warrants that the Equipment shall be in good working order and shall operate and perform for its intended purpose.

4. Additional Services Provided by Magic. Magic will also provide the following services:

a. Except as otherwise provided herein, all tools, supplies and Equipment

necessary for installation and removal of the Equipment. b. Magic shall provide training to any employees or contractors hired to

maintain and operate the ice rink. c. All transportation and freight to and from installation site. d. Professional installation supervisor. e. Professional refrigeration technician at installation and as needed to make

any repairs. f. Laborers to assist with installation and removal, which is estimated to take

approximately six (6) days for installation and six (6) days for removal. g. Travel expenses for all out-of-town professional personnel for installation

and removal. h. Day-to-day professional management of the ice rink. i. Day-to-day operating personnel.

5. Items Provided by City. City, at City’s expense, is required to provide the following at site prior to installation of the Equipment;

a. Connection to a power source to achieve continuous three-phase, 208-volt, 1000 amp, electric capacity for connection to refrigeration system.

b. Access to 110-volt power for tools etc. c. Electrician at site during installation to make all electrical connections to

refrigeration unit. d. Refrigeration system designated location in the closest position to the rink

possible; however, no more than 50 feet from the rink. e. Protection of the hoses from the rink to the refrigeration unit via wood

frame enclosure or other protection reasonably acceptable to Magic. f. Graphic or cosmetic enhancement of the ice skating rink, if desired. g. A wood-frame cover and trim boards over the header manifold along one

end of the rink in order to protect header manifold.

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h. All equipment needed to unload, position, and load Equipment at site, including without limitation a 5,000 lb capacity forklift on site during installation and removal periods, an operator for the same (if required by union agreement) and any other equipment reasonably required by Magic.

i. Access to the site suitable for use by tractor and trailer in order to install and remove equipment.

j. Adjacent parking for technicians and supervisors during installation and removal periods.

k. Water supply adjacent to the site. l. Safety equipment to include without limitation first aide, traffic cones, and

barricades as needed. m. Any local permits and licenses required to install and/or operate the

facilities. n. Ticket and skating booth, if desired. o. Any and all warming or convenience tents, if desired. p. All appropriate signage. q. All appropriate adjacent amenities to complete the facility including

without limitations skate change deck, benches, rubber floor coverings in addition to what Magic provides (if necessary), outdoor carpeting, containment around rink facilities via picket fences, etc.

r. Ambient lighting, special effects lighting, if desired, sound system, public address system.

s. Operational items, which include but are not limited to first aid kit, cash control, janitorial, etc.

t. Security for skates and all other equipment on site. u. City shall provide manpower, as specified in this Agreement, for

unloading Equipment, positioning Equipment at site and loading Equipment for removal; and for providing all equipment necessary to accomplish the same.

v. A laser leveled site on which to install the ice rink, via sandbox or platform.

6. Term; Installation; Hours of Operation. The term of the rental is from

November 13, 2011 to January 14, 2012, which includes an anticipated period of six (6) days for installation and six (6) days for removal. Hours during which installation and removal of equipment may occur will be restricted to 8 a.m. to 9 p.m. to reduce neighborhood disturbances. Operational days shall be November 19, 2011 through January 8, 2012. Unless otherwise mutually agreeable between the parties in writing, the ice rink will be open to the public from 3 p.m. to 9 p.m., Monday through Thursday; 3 p.m. to 10 p.m. on Friday; 10 a.m. to 10 p.m., on Saturday; and 12 p.m. to 8 p.m. on Sundays. Use of the ice rink will be scheduled to coincide with City sponsored special events occurring in Central Park and on Park Avenue including, but not limited to, tree lighting and holiday parade. Additional hours may also be scheduled to accommodate special rentals and private parties and events, as well as extended skating hours during school holidays. While Magic will use reasonable efforts to install and remove within the time period above-stated, unforeseen problems and mechanical difficulties may delay the actual times of installation. Magic represents and warrants that they will

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attempt to correct all delays as quickly as possible; however, Magic will not be liable for any damages for delay in installation and removal. Furthermore, during the period of actual operation of the ice skating rink, temperature and humidity may affect the condition of the ice and mechanical problems may affect the Equipment and usability of the rink. Magic will diligently repair said conditions and cure such problems as quickly as possible; however, Magic is not liable for delays or for periods of time in which the rink is not suitable for skating due to weather or mechanical problems. However, in the event the rink is not suitable for skating on any particular day due to Magic’s negligence, Magic agrees that the rental term shall be extended one day for each day that the rink is not suitable for skating at no additional cost to the City, provided the rental terms shall not be extended by more than three additional days unless mutually agreed to by the parties in writing.

7. Responsibility for Equipment; Repairs.

a. Magic shall be responsible for the Equipment at all times during the term of this Agreement, except if the Equipment must be repaired due to the negligence of or misuse by City or City’s employees. As such, Magic is responsible to repair the Equipment on an as needed basis unless the repair is necessary due to a cause for which City is responsible, in which event, Magic may seek reimbursement from the City for any incurred charges to repair the Equipment.

b. City further understands that in the event repair to Equipment is needed, that

Magic would be sending repair technicians from a different location, which can cause additional delay. To the extent that Equipment repairs are needed because of the misuse of the Equipment by the City or due to the negligence of the City, the City will be responsible to provide lodging at a clean, medium priced hotel in close proximity to the rink site for technicians during repair periods, provided an overnight stay is necessary in the Winter Park area to timely accomplish the repairs. However, in the event that repairs are necessary because of equipment malfunction or improper performance that is due to circumstances not caused by City, its employees, agents, representatives, customers or the public, or that are the result of equipment defects or non-maintenance related failures, Magic shall be responsible for lodging of its repair technicians.

8. Removal of Equipment. Removal of the Equipment shall be completed no later

than ten (10) days following the conclusion of the rental period set forth in paragraph 6. Both parties will make every good faith effort to facilitate the removal of equipment in a timely manner.

9. Compensation. For the Equipment and personnel provided by Magic that are

necessary to install, maintain, operate, manage, and remove the temporary tented ice skating pursuant to this Agreement, City shall compensate Magic a total of $84,750.00, together with all applicable sales use and other taxes (if any), payable on progressive installment payment terms as follows:

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a. Upon delivery of a proper invoice to the City by Magic, 95% of the

Equipment rental and management services charges ($80,512.50) shall be due and payable at such time the Equipment has been delivered to the ice rink site. Magic will use its best efforts and endeavor to deliver the Equipment on or about November 14, 2011.

b. The remaining 5% of the Equipment rental and management services charges

($4,237.50) shall be due and payable in full upon Magic completing performance under this Agreement and completely removing all the Equipment after the rental term has been completed. If Magic fails to complete performance under this Agreement, the remaining payment shall be prorated based on the actual services provided by Magic, subject to any deduction for Equipment removal costs. In addition, if non-performance includes Magic’s failure to complete the removal of the Equipment in accordance with the terms of this Agreement, the City may, at its sole discretion and after prior written notice to Magic, use the remaining funds to remove and store the Equipment until such time Magic retrieves the Equipment from the City. However, under no circumstances shall this paragraph be construed as requiring the City to remove and store the Equipment or come out-of-pocket to remove and store the Equipment.

c. If at the conclusion of the term of this Agreement, the City determines that it

has earned a net profit from the operation of the ice skating rink, with revenues collected by the City exceeding all City expenses including, but not limited to, rental fees, grass replacement, structure and facility rental, overhead, decorating, labor and applicable sales taxes, the City agrees to pay Magic one hundred percent (100%) of the City’s net profit up to a maximum amount of $4,000. All net profits earned by the City which exceed $4,000 shall be retained by the City.

d. The personnel costs for the day-to-day operation of the temporary ice rink,

other than the on-site Manager and any employees or employee time dedicated to the operations of the concession area, shall be paid by the City. Magic shall pay the personnel costs and subsequently invoice the City on a bi-weekly basis for the actual costs plus payroll processing costs. The payroll costs shall be reasonable in the local employment market and subject to the express prior approval of the City. Said approval shall not be unreasonably withheld by the City.

e. No other compensation shall be paid to Magic by City other than the amount

stated in this paragraph. f. All monies that are required to be paid under this Agreement to Magic are

payable to Magic Ice USA, Inc. by check at 10364 SW 128 Terrace, Miami, FL 33176.

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10. Use of Equipment. The parties agree that they will not use, operate, maintain, or store the Equipment improperly, carelessly or in violation of any applicable law or regulation or for any purpose other than for the operation of an ice skating rink on the site designated in this Agreement.

11. Relocation or Removal of Equipment. Except as provided in Paragraph 9b,

City shall not relocate or remove the Equipment without the consent of Magic, which consent may be withheld for any or no reason. However, in the event of emergency, City shall have the right to relocate or remove the Equipment pursuant to its inherent police powers under Chapter 166, Florida Statutes.

12. Sublease or Alteration of Equipment Prohibited. City shall not sublease the

Equipment, permit the use of the Equipment by any one other than City, alter or modify Equipment, place any accessories on the Equipment except as authorized hereunder, assign its rights or obligations under this Agreement, or change the use or location of the Equipment without the prior written consent of the Magic, which consent may be withheld for any or no reason.

13. Magic’s Right of Entry. Magic shall have the right to enter the site occupied by

the Equipment and inspect and repair the Equipment with reasonable notice to the City to the extent required to ensure that the Equipment is operating as intended under this Agreement.

14. Loss or Damage of Equipment Due to City. City shall be liable to Magic for all

loss and damage to the Equipment, at its actual cash value, only to the extent that any loss or damage is attributable to the negligence or willful acts or omissions of City, its employees, agents or representatives.

15. Indemnity and Hold Harmless. To the extent permitted by Florida law, each

party shall indemnify, defend and hold the other party, including their respective employees, officers, and contractors, harmless against and from any and all claims, lawsuits, losses, damages, injuries (including death), attorney’s fees, expenses, liabilities or penalties which arise from, and out of, the negligent or willful acts or omissions of their own employees, officers or contractors and their respective performance under this Agreement.

16. Insurance Requirement – Magic. Magic agrees, at its own expense, to secure

and maintain a commercial general liability insurance policy in an aggregate amount of not less than one million dollars ($1,000,000.00), one million dollars ($1,000,000.00) per occurrence, insuring against any and all liability arising out of the operation and use of the Equipment and/or property on which the Equipment is located. Said insurance shall be written on an occurrence basis, with an insurance company duly licensed in Florida and acceptable to City. City shall be named as an additional insured on the policy of insurance. The policy shall contain an endorsement that it cannot be cancelled without providing City at least ten days prior notice of cancellation. Magic shall provide City evidence of insurance prior to shipment of Equipment. A breach of Magic’s obligation to

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furnish insurance pursuant to this Agreement is a material breach of this Agreement.

17. Insurance Requirement – City. City shall also provide property insurance

insuring the Equipment against loss or damage from fire, theft, vandalism, malicious mischief, and other risks of loss, customarily insured against in such policies. Said policies shall be for actual cash value and written on an occurrence basis with an insurance company duly licensed in Florida and acceptable to Magic. Magic shall be named as both a loss payee and an additional insured on such policy. City shall provide Magic evidence of insurance prior to shipment of Equipment. A breach of City’s obligation to furnish insurance pursuant to this Agreement is a material breach entitling Magic to immediate possession of the Equipment, and in which event, the entire rental charges for the Equipment and services to be provided pursuant to this Agreement are considered earned in full, and the balance of the rental charges for the Equipment and services immediately due and payable in full.

18. Site Topography. Magic acknowledges that it is familiar with the topography of

the proposed site set forth in this Agreement, that it has inspected said site, and that it represents and warrants, based on its past experiences, that the site is suitable for installing and operating the tented ice rink required hereunder.

19. Taxes. To the extent that City is not exempt, City shall pay all sales and use tax,

personal property taxes, license fees, registration fees, which may now or hereinafter be imposed upon the possession, lease or use of the Equipment for the term of this Agreement.

20. Title to Equipment. Title to and ownership of the Equipment is and shall at all

times remain with Magic and City shall have no right, title or interest therein or thereto except the right of possession and use of the Equipment pursuant to the terms of this Agreement.

21. City Responsibilities Regarding Equipment.

a. City shall not remove or deface any of the Equipment nor remove any marking or serial number on the Equipment. However, it is understood that City shall be permitted to install sponsorship dasher boards.

b. City shall keep the Equipment free and clear of all levies, liens, security interests and encumbrance of any nature or kind and shall promptly remove the same. Failure to take immediate steps to remove any such levy, liens, security interests or encumbrance, shall constitute a material breach of this Agreement giving the Magic the right to immediate possession of the Equipment, and in which event, the entire rental charges for the Equipment and services to be provided pursuant to this Agreement shall be considered earned in full, and the balance of the rental charges for the Equipment and services immediately due and payable in full

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22. Non-compete. The Parties acknowledge that:

a. This Agreement is for City’s legitimate business and proprietary interests of operating a temporary ice-skating rink.

b. To protect City’s legitimate business and proprietary interests, Magic agrees

that it will not provide the same or similar temporary ice rink services to any other governmental or private entity, within an eight (8) mile radius from the outer perimeter of the ice skating rink site, without the prior express, written approval of City.

c. The term of this non-compete agreement shall coincide with the term of this

Agreement, and any subsequent options to renew this Agreement. d. Should City exercise one or more of the options to renew this Agreement as

set forth in Paragraph 23, such renewal shall not constitute an extension of this non-compete provision, but instead shall constitute a re-negotiated new and separate non-compete provision for the term of each particular exercised option to renew.

23. Renewal Option. The City shall, at its discretion, have the right to exercise three

(3) options to renew this Agreement under the same terms by providing written notice to Magic; except, however, the operational dates set forth in paragraph 6 will be adjusted to reflect the upcoming Thanksgiving and New Years Day holiday. Said renewal notice shall be provided by the City no later than May 31st following the previous year’s performance by Magic and shall set forth date adjustments for the upcoming holiday.

24. Sovereign Immunity. Notwithstanding any other provision set forth in this

Agreement, nothing contained in this Agreement shall be construed as a waiver of City’s right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on City’s potential liability under state or federal law. As such, City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.

25. Force Majeure. Any delay or failure of either party in the performance of its

required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; terrorism, explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay

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is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for thirty (30) days, either party may terminate this Agreement.

26. Public Records. Magic agrees that all documents, transactions, writings, papers,

letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with the funds expended under the terms of this Agreement are considered public records pursuant to Chapter 119, Florida Statutes and Magic agrees to comply with all applicable public access and retention requirements of such records.

27. Default/Breach; Opportunity to Cure. Notwithstanding any other provision set

forth in this Agreement, should either party desire to declare the other party in default or breach of any term or condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default or breach, the manner in which the default or breach can be cured, and a reasonable time period of not less than five (5) days, excluding weekends and legal holidays, in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied.

28. Attorney’s Fees. Should either party bring an action to enforce any of the terms

of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at settlement, trial or on appeal.

29. City Revenues, Merchandise, and Sponsorships. The parties acknowledge and

agree that City shall have the right to charge public admission for the use of the ice rink, sell merchandise, and obtain dasher board and other sponsors related to the ice rink. All fees collected for admission, merchandise sales, and sponsorships of any kind shall be considered in their entirety as revenues of City. Magic hereby waives any right or claim to said revenues. To the extent Magic collects any of these revenues on City’s behalf, Magic agrees to promptly pay all collected revenues to City and shall provide City with a full accounting of said revenues.

30. Snack Bar/Concession Sales.

(a) The parties agree that there will be one concession area at the ice rink which shall be open for business during the operational hours set forth in section 6 of this Agreement. Magic will provide all equipment, counter/set-up space, and signage required to display, prepare, serve, and sell concession items. In addition, Magic shall be responsible for obtaining all necessary state and local licenses to operate the concession area, and shall be responsible for training all workers who will be operating the concession area in accordance with all legal requirements.

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Magic will also pay all labor costs associated with operating the concession area and will provide electric power necessary to operate the concession area. (b) With respect to the sale of food and drink items at the concession area, Magic agrees to pay the City $4,000 for the right to operate concessions at the ice rink event. The first payment installment of $2,000 shall be paid by Magic at such time the City makes payment to Magic under paragraph 9(a) of this Agreement and the second installment of $2,000 shall be paid by Magic at such time the City makes payment to Magic under paragraph 9(b) of this Agreement. All revenues and loss associated with the sale of food and drinks items will solely be the responsibility of Magic. Magic will keep a written accounting of all costs, revenues, and profits associated with the sale of food and drink items. The written accounting of profits/loss shall be provided to the City no later than three (3) business days following the conclusion of the operation of the ice rink. (c) The food and drink menu items sold at the concession area shall be exclusively provided as required by this section of the Agreement. The pricing of the menu items will be mutually agreed upon between the City and Magic.

31. Miscellaneous Provisions.

a. If any provision of this Agreement is deemed unenforceable, this Agreement shall survive absent said unenforceable provision.

b. Any waiver of any breach of any provision of this Agreement shall not

constitute or operate as a waiver of any further breach of such provision or of any other provision of this Agreement, nor shall any failure to enforce any provision of this Agreement operate as a waiver of such provision or any other provision of this Agreement.

c. Magic and City acknowledge that this Agreement was entered into in Orange

County, Florida and that the site of services is in Winter Park, Orange County, Florida.

d. Magic and City agree that this Agreement shall be governed by, construed and

enforced in accordance with the laws of the State of Florida, without giving effect to any conflicts of law principles.

e. The parties agree that venue shall be exclusively in Orange County, Florida,

for all state court actions or disputes which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement.

f. Neither Magic nor City shall be considered an agent or employee of the other

party for any purpose whatsoever. For purposes of this Agreement, Magic shall be considered an independent contractor while performing services under this Agreement.

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g. No agreement varying or extending the warranties, remedies, or obligations contained in this Agreement will be binding upon Magic or City unless in writing and signed by a duly authorized officer of Magic or City.

h. Under no circumstances shall Magic be held liable for any special, indirect,

incidental or consequential damages unless said damages are the result of Magic’s negligence, or willful acts or omissions of Magic, Magic’s employees, agents, assigns, or subcontractors.

i. The parties hereby agree that acts of God, power failures, acts of terrorism

and/or vandalism, as well as temperature and humidity (“Acts”) may cause the melting of the ice surface or portions thereof, and Magic and City shall not be responsible for any such conditions or loss of use of the ice skating rink or Equipment due to such Acts.

j. No change, modification, amendment or waiver of any of the terms or

conditions of this Agreement shall be binding unless made in writing and duly executed by all parties hereto.

k. This Agreement constitutes the entire understanding and final agreement

between the parties. This Agreement is the complete and exclusive expression of the parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous statements, purchase orders, agreements, negotiations and representations between the parties are expressly merged into and superceded by this Agreement.

l. This Agreement shall be binding and inure to the benefit of the Magic and the

City. There are no third parties that are intended to be beneficiaries under this Agreement.

m. This Agreement may be signed in counterparts, with facsimile transmitted

signatures being deemed an original, and all of which when signed by the respective parties when taken together will constitute the full and final agreement of the parties hereto.

o. This Agreement is only effective and enforceable against the City if this

Agreement is approved by the City Commission of Winter Park.

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Dated this ___ day of ____________________, 2011. MAGIC: CITY: MAGIC ICE USA, INC. CITY OF WINTER PARK, FLORIDA By:______________________________ By:___________________________ Byron J. Sharp, President Kenneth Bradley, Mayor STATE OF FLORIDA COUNTY OF __________ Attest: The foregoing instrument was acknowledged before me this _ day of____, 2011, by Byron J. Sharp, Cindy Bonham, City Clerk [ ] who is personally known to me or [ ] who has produced as identification. ________________________________ NOTARY PUBLIC, State of Florida My commission expires:_____________

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EXHIBIT “A”

OUTDOOR TEMPORARY ICE SKATING RINK MANAGEMENT Magic’s management and day-to-day operation service includes a fully trained manager supported by a Magic Ice USA, Inc. management home office team that shall professionally service the seasonal temporary ice rink project, which shall include the following: • Fully trained ice rink manager with responsibility for day-to-day operations. • Provide all travel and living quarters for the on-site manager. • Develop and implement business operational procedures. • Work with Pay-Chex pay-roll preparation company to provide full and accurate payroll for ice

rink general employees and personnel. • Help to establish proper disclaimer wristbands, flyers, free passes. Include wristband sponsor

name and logo on wristbands. Cost of including sponsor on wristband will be billed to the City and reimbursed to Magic.

• Help to establish general rate information signage. • Provide assistance in proper outfitting and startup of ice rink project. • Provide assistance in outfitting employee’s uniforms. • Hiring and, if necessary, firing of general employees. • Training of all general employees. • Maintaining and cleaning of skate rental areas, office, etc. • Responsibility for depositing daily receipts to a Magic bank account and accurate income and

expense reporting to City. Magic will then be responsible for reporting on a weekly basis the cash and credit cards that were deposited for that week and cutting a check in that reported amount each week to City. Credit card fees will be billed to City on a monthly basis once Magic receives the credit card statement.

• Establish customer credit card acceptance account and daily control and credit card batching out for accurate accounting and record keeping. Credit card account will be in Magic’s name and all monies deposited into Magic’s account will then be reported in the weekly amount to City.

• Clean and maintain dasher boards and all ice rink Equipment. • Establish safety measures and oversee risk management procedures. • Operate your ice surface, ice edger and other ice maintenance equipment. • Maintain ice surface integrity and safe ice surface for skating. • Oversee and operate skate sharpening equipment for customer and rental skate maintenance. • Maintain safe ice skating environment through all weather conditions. • Organize music selection and assure proper family friendly music. • Establish proper loudspeaker announcements to assist in risk management and minimize liability

claims. • Provide general liability insurance coverage protection as required by the City. Insurance

coverage will expressly list the City of Winter Park as an additional insured. • Immediately notify the City of all claims, take and maintain incident reports and handle all

liability claims and issues, and provide City with timely appraisal reports of said claims and issues.

• Ice rink business procedures development and implementation. • Insure proper record keeping in all areas of the ice rink operation. • Magic’s management team and hired rink employees will operate the rink based on hours of

operation as determined by City. • Magic will provide day-to-day operating personnel and will bill the City for payroll costs on a bi-

weekly basis.

Subject 3A

CRA Expansion Analysis


N/A

Background At the May 9th CRA Agency meeting, the Board directed staff to analyze potential areas of Winter Park for the expansion or creation of a CRA. This follows on a presentation made by Mr. Bill Donegan the Orange County Property Appraiser in which he recommended that Winter Park consider creating CRAs in the W. Fairbanks, Orange Ave, and Lee Rd/17-92 north east corner. Staff has completed an initial analysis of the fiscal impact that the new establishment of CRAs in various areas of the city could have on future project funding and has attached a presentation for review. alternatives | other considerations

N/A

fiscal impact Expanding the existing CRA’s sunset date could allow the CRA to refinance and lower annual debt payments freeing up more capital for investment in the near term. The addition of new CRAs could create a funding source for improvements in areas in which they are established. Factors such as historical growth and planned redevelopment will play a large part in determining the scope of projects that a newly created CRA could undertake.

strategic objective

N/A

June 27, 2011

CRA Expansion Analysis

Economic Development/CRA Dept.

CRA AgencyJune 27, 2011

Included Areas:W. Fairbanks (Current City Limits): All of the West Fairbanks corridor that is currently within the city limits and not part of the existing CRA.

W. Fairbanks (Expanded City Limits): A hypothetical CRA that would require expanding the City boundaries to create a larger W. Fairbanks CRA area.

North 17-92 Corridor: Includes the Home Acres area as well as those properties on the corresponding east side of the road bounded by Solana.

Rollins Hotel Site: The site of the old Langford Hotel

Excluded Areas:Howell Branch Rd: Area is too small with limited developable space.Aloma Corners: Mostly developed or non-taxable.Orange Ave: Limited ability to redevelop due to lot sizes. Only opportunity would be the former Progress Point site. Much improvement has already taken place in public ROW. Lee Rd: Area is mostly built-out, lacks vacant or nearby developable property, and has limited existing sewer access which would hamper redevelopment.

Study Area

-Historic growth indicates future growth. Observed annual growth rates since 2002 will be used to predict future growth where applicable.

-Millage rates will stay constant at 4.0923 (City) & 4.4347 (County).

-CRA life of 20 years. (Current statute)

-No costs to operate the new CRAs.

-Long term lending rate of 5%. All debt obligations must be satisfied within life of the CRA.

-City and County will participate and contribute TIF funds at 95% of increment gained (current arrangement for existing CRA).

-Each CRA would be created as a separate entity. No comingling of funds.

-Does not incorporate major developments that would greatly alter short term property value increases. (Rule of thumb, every 1 million in taxable value increment adds approximately $8,100 to annual TIF revenues given the assumptions above.)

Assumptions

West Fairbanks Ave – Current City Limits# of Parcels: 132Parcel Area (land SF): 2.23 million SFGross Building Space: 732,385 SF*Implied FAR: 32.9%Taxable Value: $53.8 millionTaxable Value/SF Land: $24.15Average Annual Growth Rate Since 2002: 4.65%

*Data provided was based on living SF, a core area of 15% was added to account for gross SF. Assumes parcels are primarily commercial.

West Fairbanks Ave – Current City LimitsYear Taxable Value Increment Value Annual TIF Revenue Cumulative TIF Bonding Potential

0 53,767,799 - -1 56,267,085 2,499,286 20,246 20,246 $252,307.88 2 58,882,544 5,114,745 41,433 61,679 $500,728.21 3 61,619,578 7,851,779 63,605 125,283 $743,510.51

4 64,483,838 10,716,039 86,807 212,090 $978,666.49

5 67,481,236 13,713,437 111,088 323,178 $1,203,943.48

6 70,617,963 16,850,164 136,497 459,675 $1,416,795.06

7 73,900,493 20,132,694 163,088 622,763 $1,614,348.66

8 77,335,606 23,567,807 190,915 813,677 $1,793,369.79

9 80,930,392 27,162,593 220,035 1,033,712 $1,950,222.57

10 84,692,275 30,924,476 250,508 1,284,221 $2,080,826.18

11 88,629,021 34,861,222 282,399 1,566,619 $2,180,606.82

12 92,748,759 38,980,960 315,771 1,882,390 $2,244,444.76

13 97,059,994 43,292,195 350,695 2,233,085 $2,266,615.89

14 101,571,628 47,803,829 387,242 2,620,327 $2,240,727.33

15 106,292,977 52,525,178 425,488 3,045,815 $2,159,646.47

16 111,233,787 57,465,988 465,512 3,511,327 $2,015,422.72

17 116,404,261 62,636,462 507,396 4,018,723 $1,799,201.30

18 121,815,073 68,047,274 551,227 4,569,950 $1,501,128.26

19 127,477,397 73,709,598 597,096 5,167,046 $1,110,245.88

20 133,402,921 79,635,122 645,096 5,812,142 $614,377.38

West Fairbanks Ave – Current City Limits

Findings:

-TIF growth is slow. Takes 5 years to start generating over $100K annually. -Cumulative TIF $ generated is $5.8 million over 20 years. 78% of that is generated in the last ten years.-TIF revenue could increase if major improvements to the tax base are planned in the early years.

-Adding the equivalent of a SunTrust building and parking garage would add $13 million in taxable value, and accelerate the Fairbanks TIF revenue to a level it wouldn’t otherwise see for 5 years.

West Fairbanks Ave – Expanded City Limits# of Parcels: 278Parcel Area (land SF): 3.77 million SFGross Building Space: 1.1 million SF*Implied FAR: 29.4%Taxable Value: $75.9 millionTaxable Value/SF Land: $20.15Average Annual Growth Rate Since 2002: 4.85%


West Fairbanks Ave – Expanded City Limits

Year Taxable Value Increment Value Annual TIF Revenue Cummulative TIF Bonding Potential0 75,944,321 - -1 79,626,203 3,681,882 29,826 29,826 $371,693 2 83,486,587 7,542,266 61,097 90,923 $738,380 3 87,534,128 11,589,807 93,885 184,808 $1,097,477 4 91,777,899 15,833,578 128,262 313,070 $1,446,037 5 96,227,414 20,283,093 164,306 477,376 $1,780,713 6 100,892,648 24,948,327 202,098 679,474 $2,097,705 7 105,784,058 29,839,737 241,721 921,195 $2,392,712 8 110,912,610 34,968,289 283,266 1,204,461 $2,660,879 9 116,289,801 40,345,480 326,825 1,531,286 $2,896,729

10 121,927,685 45,983,364 372,495 1,903,781 $3,094,099 11 127,838,902 51,894,581 420,380 2,324,161 $3,246,062 12 134,036,702 58,092,381 470,586 2,794,747 $3,344,842 13 140,534,980 64,590,659 523,226 3,317,973 $3,381,723 14 147,348,303 71,403,982 578,419 3,896,392 $3,346,946 15 154,491,945 78,547,624 636,287 4,532,679 $3,229,596 16 161,981,921 86,037,600 696,960 5,229,639 $3,017,474 17 169,835,020 93,890,699 760,576 5,990,215 $2,696,964

18 178,068,848 102,124,527 827,275 6,817,490 $2,252,875

19 186,701,863 110,757,542 897,208 7,714,698 $1,668,278

20 195,753,418 119,809,097 970,532 8,685,229 $924,316

West Fairbanks Ave – Expanded City Limits

Findings:

-TIF growth is still slow but slightly faster than the previous due to a larger base year valuation. Takes 4 years to start generating over $100K annually. -Cumulative TIF $ generated is $8.7 million over 20 years. 78% of that is generated in the last ten years.-TIF revenue could increase if major improvements to the tax base are planned in the early years. -Would require the annexation of properties prior to establishment of the CRA.

North 17-92 # of Parcels: 72Parcel Area (land SF): 2.9 million SFGross Building Space: 375,762 SF*Implied FAR: 12.9%Taxable Value: $25.1 millionTaxable Value/SF Land: $8.61 (less than half the value of Fairbanks)Average Annual Growth Rate Since 2002: -0.66% (Home Acres alone is -1.35%)(Average Annual Growth Rate of 5.64% - City’s growth – will be used for modeling purposes.)


North 17-92

Year Taxable Value Increment ValueAnnual TIF Revenue Cummulative TIF Bonding Potential

0 25,106,977 - -

1 26,522,392 1,415,415 11,466 11,466 $142,889

2 28,017,601 2,910,624 23,578 35,044 $284,947

3 29,597,103 4,490,126 36,373 71,417 $425,185

4 31,265,651 6,158,674 49,889 121,306 $562,455

5 33,028,263 7,921,286 64,168 185,473 $695,433

6 34,890,243 9,783,266 79,251 264,724 $822,596

7 36,857,193 11,750,216 95,184 359,909 $942,196

8 38,935,030 13,828,053 112,016 471,925 $1,052,233

9 41,130,007 16,023,030 129,797 601,722 $1,150,423

10 43,448,725 18,341,748 148,580 750,302 $1,234,168

11 45,898,163 20,791,186 168,422 918,724 $1,300,511

12 48,485,688 23,378,711 189,383 1,108,107 $1,346,099

13 51,219,086 26,112,109 211,525 1,319,632 $1,367,131

14 54,106,580 28,999,603 234,916 1,554,548 $1,359,310

15 57,156,858 32,049,881 259,625 1,814,172 $1,317,776

16 60,379,096 35,272,119 285,727 2,099,899 $1,237,049

17 63,782,990 38,676,013 313,301 2,413,200 $1,110,949

18 67,378,778 42,271,801 342,429 2,755,629 $932,519

19 71,177,281 46,070,304 373,199 3,128,829 $693,931

20 75,189,926 50,082,949 405,704 3,534,533 $386,385

North 17-92Findings:

-TIF growth is extremely slow and if historical growth rates are used, TIF would actually be non-existent as the tax base continues to shrink. If the City’s 9 year annual average growth rate of 5.64% was used it still takes 8 years to start generating over $100K annually. -Cumulative TIF $ generated is $3.5 million over 20 years. 78% of that is generated in the last ten years.-Would require the annexation of properties prior to establishment of the CRA.-The K-Mart plaza to the south of Home Acres could add redevelopment potential and allow for a more comprehensive approach to gateway and street improvements in the area.-A lot of room to grow. With historically declining tax base revenue and an effective FAR of 12.9%, there is substantial room, and incentive, for growth through redevelopment.

-The major reason for pursuit of a CRA in this corridor is to capture increment growth through redevelopment of the proposed Ravadauge project in the Home Acres area or potential redevelopment of underutilized sites on the east side of the street. Conservative valuations of the Ravadauge project could put taxable value at over $200 million, or over $1.4 million in annual increment revenues to a CRA.

Rollins Hotel Site

# of Parcels: 1Parcel Area (land SF): 146,102Gross Building Space: vacantImplied FAR: 0%Taxable Value: $8 millionTaxable Value/SF Land: $55

The addition of a hotel property with approximately 119 rooms could potentially be valued for tax purposes at about $10 million, or a 25%+ increase to existing taxable value. Increment revenue with these assumptions would yield about $16,000 additional revenue annually for the CRA.

*Tax valuation based on the $90K per room assessed value of the Grand Bohemian Hotel in downtown Orlando.

Pros: Double DownWith a TIF contribution from Orange County, establishing a CRA at any location is useful for capitalizing on redevelopment opportunity; effectively doubling any tax revenue received from redevelopment.

Historically Low Base YearNationally, commercial real estate is selling at valuations last seen in 2002. Winter Park’s tax base has faired better than that and could have better than historical rate of growth going forward in the next 10 years.

Cons:TimeUnless significant real estate development is going to occur within the first few years of a CRA’s life very little revenue will be generated for the first 10 years.

Expenditure RestrictionsCRAs must use funds according to an adopted plan and would have limited ability to contribute to operational functions of the General Fund.

Pros & Cons

The North 17-92 area offers the best location for a CRA due to the expected redevelopment activity planned to take place in the near future. If redevelopment does not happen in that area, a CRA located there would never generate increment.

The two Fairbanks scenarios offer redevelopment opportunity but any real economy of scale will require annexation.

CRAs are long life entities with slow generation of revenues. A major project approved today would take 2 – 3 years to hit the tax rolls.

Catalytic developments of major tax base impact are necessary for accelerating early growth in CRA revenues. Every 1 million in taxable value adds $8,100 in annual revenues.

Scale is important. CRA’s that are too small require much more intensive development to generate revenues than that which may develop organically over time in a larger one.

Summary

Other constructs may supplement the short term need for funds while a CRA has time to develop (BIDs, Brownfields, Special Assessments, etc).

Approvals for new CRAs will be difficult to obtain especially in today’s environment. County’s see CRAs as reducing their future tax revenues and have declined participating in new or existing CRA expansions in Winter Park.

Summary – cont.

Location Parcel Area (Land SF)

Est. Gross Building Area* Est. FAR Taxable Value

(TV)** TV/SF Land

Annual Growth Rate

(since 2002)***

W. Fairbanks (Current City Limits) 2,226,605 732,384.71 32.9% $

53,767,799 $ 24.15 4.65%

W. Fairbanks (Expanded City

Limits) 3,768,793 1,106,904.71 29.4% $ 75,944,321 $ 20.15 4.85%

Home Acres 1,439,457 108,950.59 7.6% $ 11,581,531 $ 8.05 -1.35%

North 17-92 2,917,219 375,762.35 12.9% $ 25,106,977 $ 8.61 -0.66%

Rollins Hotel Site 146,102 - 0.0% $ 8,035,618 $ 55.00 13.40%***

*

Table A: Current Status of Study Area

*Data provided was based on living SF, a core area of 15% was added to account for gross SF. Assumes parcels are primarily commercial.** Data from March 2011 Property Appraiser GIS data.*** City growth rate since 2002 has been 5.64% annually. **** High growth rate due to the inclusion of the condo property (The Residences) in the growth rate analysis because in 2002 the parcels were combined.

Table B: Side-by-Side Comparison of CRA Performance

Location Annual Growth Rate (from 2002)

Year in which 100K annual TIF is reached

Cummulative TIF over 20 yrs

W. Fairbanks (Current City Limits) 4.65% 5 5,812,142

W. Fairbanks (Expanded City

Limits)4.85% 4 8,685,229

North 17-92 -0.66% 8 3,534,533

Questions?

Subject 3B

Park Ave Area Task Force Update


N/A

Background

Attached is a list of the goals under the Park Ave Strategic Plan and the status of each to-date.

alternatives | other considerations

N/A

fiscal impact N/A

strategic objective

N/A

June 27, 2011

Task Steps Progress Report

Create a brand for the Park Avenue Area

1. Find Facilitator 2. Create Brand (Tag Line)

Assess & create marketing collateral

1. Inventory of assets2. Develop print piece3. Develop Web-based/interactive site

Develop a targeted marketing plan

1. identify target markets2. create print marketing strategy3. Create digital marketing strategy4. Create an awareness campaign5. Web site placement

In progress - To achieve Goal 1, in November 2010 the CRA/ED Department requested proposals for a marketing firm that will create a marketing plan for the Central Business District (CBD). In February 2010, the City Commission approved the contract with Engauge, one of the nation’s largest advertising agencies, for the development of this plan.

Engauge have held several public meetings with City Commissioners, key stake-holders, residents, merchants and business owners to understand the associations they have with the area. Engauge is currently finalizing a research report to summarize findings from the investigation. Engauge plans to unveil the marketing plan by mid-July.

Park Avenue Area Strategic Plan

Findings:• 71.2 percent of former customers are watching/reading more sale advertising, only 29 percent see/hear any advertising from Park Avenue.• 70 percent of customers said they do not see Park Avenue advertised.

Goal 1: Expand brand & improve marketing of the Park Avenue Area


Update parking plan

1. Complete assessment of all parking in the CBD2. Identify existing signage at destination3. Create & place new signage for those destinations that currently have none4. Update existing parking mapnoting fee & free parking5. Place on-line, in kiosks, Chamber, City & Park Avenue area stores

Completed. The Park Avenue Area Task Force (PAATF) update the parkingcount on October 2010. Task Force members divided Park Avenue in sections and counted each parking space available.

Establish vehicular wayfinding

1. Submit vehicular wayfinding tp FDOT2. Respond to FDOTs comments3. Upon approval, manufacture signs4. Place signs at approved locations

In progress. Wayfinding verbiage were resubmitted to FDOT in November 2010. Staff is currently working on manufacturing the poles and obatining ngineer certification that the poles can whitstand the windload, required by FDOT.

Establish pedestrian wayfinding

1. Identify potential locations2. Determine strategic locations3. Find sources of funding for costs4. Upon approval, manufacture signs5. Place signage

In process. The wayfiding plan reviewed by the Commission also included pedestrian wayfinding that reverts customers to Park Avenue, Hannibal Square and parking facilities.

In addition, the CRA has also develop the Off-Park Avenue Sign Program which directs pedestrians to retail stores in Park Avenue, Hannibal and North Pennsylvania.

Establish uniform valet program

1. Assess existing valet locations2. Draft/approve valet ordinance3. Implement ordinance

In progress. CRA staff has drafted Valet Ordinance which iwill be submitted for Commission approval in July 2011.

Establish employee parking program

1. Identify potential locations2. Create program3. Educate merchants on the program4. Implement program

On hold. PAATF discussed instituting a decal based employee parking program and establishing the parking lot next to the train station as Park Ave employee parking. However, this task was placed on hold due to lack of funds.

Goal 2: Implement a parking & wayfiding programFindings:• 51 percent of existing customers find Park Avenue inconvenient; 53 percent find parking to be a problem on the weekends, 48 percent find parking to be a problem all the time.


Establish recruitment program

1. Identify voids in current mixture of uses2. identify potential stores: anchors & specialty stores3. Recruit stores to the area4. Create online searchable database of vacant spaces

In progress - Staff will achieve this task once the Engauge marketing plan has been completed and the Commission funds the citywide ED plan.Staff plans to develop recruitment marketing collateral to distribute to EDC and other key recruitment players in the Central Florida region.Additionally, CRA/ED staff have already included the creation of an citywide online database of vacant spaces on the City ED plan. Staff will work with commercial real estate agents to gather vacant locations.

Nurture & cultivate existing businesses

1. Streamline the processes at the City2. Create programs that assist the business while spurring redevelopment3. Complete exit interviews to determine why the business is leaving the Area

In progress- Staff will achieve this task once the Engauge marketing plan has been completed and the Commission funds the citywide ED plan.Under ED plan staff plans to streamline permitting processes and establish business ambassadors to help new and existing businesses.Staff will also develop "Welcome to Winter Park" packets which will be sent to new businesses. Packets will include point of contacts, area information, and other business promotions.Presently, the staff conducts informal exit interviews when merchants leave/relocate the CBD area. In addition, in 2007 the CRA established the Business Facade Program which assists merchants within the CRA district to rehabilitate their store fronts.

Diversify business mix

1. Assess current uses in the Area 2. Provide for more diversity in price points3. Create targeted incentives to recruit the "missing" links to the Area4. Consider regulations based on percent of types of uses allowed in a defined area

Completed. Industry Cluster analysis and TIE program. This concept will be further explored as part of the corridor studies outlined in the Economic Development Plan.

Goal 3: Nurture & cultivate our existing businesses; identify & recruit new onesFindings:• 83 percent of existing customers want to see more diversity in the area.


Establish a maintenance program

1. Assess current base level services2. Develop a detailed maintenance plan

In progress. The PAATF is working on establishing a Business Improvement District (BID). In order to etablish a BID, the PAATF must conduct a needs assessment study and master plan which enlist the current level of services maintained by the City.

Increase code enforcement

1. Send letters to merchants & restaurants notifying them of regulations2. Continual code enforcement sweep

In progress. Working with Code Enforcement to sent letter to merchants regarding sidewalk upkeep. In addition, the City Commission approved the full-time status of officer Lee. Code Enforcement now has three full-time code efforcement officers.

Provide improved aesthetics

1. Assess current base level services2. Determine aesthetic priorities3. Create dress up your window program

In progress. The BIDs needs assessment study and master plan will enlist the current level of services maintained by the City and the aesthetic priorities that need to be accomplish.

In addition, the CRA organized the first "holiday window contest" for Park Avenue and Hannibal Sqaure merchants. During the 2010 holiday season, merchants were asked to decorate their window fronts. Winners received a $500 and $200 electric utility bill credit.

Findings:• Base level of maintenance was found to be insufficient in the public input sessions and by City staff.

Goal 4: Increase maintenance & aesthetics


Create a Shop-Local program

1. Reasearch existing programs & develop program2. Implement program

In the process of contracting for a public-private partnership to create a Winter Park directory of businesses that functions as a web portal and mobile application that will offer residents and visitors a single location to search deals in the city. Expected rollout is Fall 2011.

Improve customer service

1. Develop & implement uniform store hours2. Develop better return policies3. Provide business improvement workshops4. Create newsletter that goes out to merchants5. Create special event incentives through cross marketing6. Create a Get to Know Your Neighbor program

Completed. Through the Chamber, stores have improved store hours & return policies. They have also organized several special event incentives that have brought additional foottraffic to the area.

Staff has also develop a "Downtown Blast". A quarterly merchant e-newsletter that goes to all the Park Avenue and Hannibal Square merchants.

Add amenities

1. Add kid-friendly amenities to Central Park In discussions with the Parks Department to create a kid's play area near Central Park and West Meadow.

Identify existing & new targeted events

1. Assess current events for their economic impact.2. Consider shutting down the area for quarterly events3. Create events that cater to a targeted demographic4. Provide more kid-friendly events

Completed. The CRA/ED Department have helped the Park Avenue Area Association and the Hannibal Square Merchant Association organize several special events in the area (eg. Jazz Concert, Champagne Thursdays, etc).

In addition, the CRA/ED organizes the Winter Park Ice Rink which increases foot traffic to the area.

Goal 5: Enhance the Park Avenue experience

Findings:• 82 percent of existing customers and 42 percent of previous customers said they would shop more if special incentives were offered


Create a BID Task Force1. Appoint task force members2. Hold meetings

Completed. The City Commission created the Park Avenue Area Task Force to oversee these goals and establish a BID.

Finalize BID structure, geographic area, & assessment methodology

1. Complete research of BID structure2. Research funding structures3. Analyze budget & determine funding level needed4. Create timeline & communitcation pieces for businesses and propery owners 5. Establish BID boundaries

In progress. The PAATF is currently deciding geographic area & assessment methodology. Staff has created a BID timeline and communication pieces.

Establish a BID Please refer to BID timeline attached to this packet.

Goal 6: Create a Business Improvement District

Phase 11. Form a steering committee Completed 2. Hold initial steering committee meeting Completed 3. Develop a database of property owners and commercial tenants Completed 4. Hold public informational meeting on BIDs Summer 2011 5. Meet with individual property owners Summer 2011 6. Conduct a needs assessment survey Summer 2011

Phase 27. Send out informational mailing Fall 2012 8. Hold first public meeting Fall 2012 9. Hold second public meeting Winter 2012 10. Gather supporting documentation Spring 2012

Phase 311. Establish a BID 501(c)(6) and a Board of Directors Spring 2012 12. Draft City ordinance Spring 2012 14. Go to Commission for final approval Summer 2012 15. Hold BID election Summer 2012 12. Submit Ordinance and District Plan to Orange County Summer 2012

Park Avenue BID Timeline

june 27, 2011 @ 2:00 p.m. city hall commission chambers · a. presentation from engauge and brand...

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