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Developer asks board to add emergency-tolling language to increment rebate agreements

Fort Myers Community Redevelopment Agency Advisory Board · October 30, 2024
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Summary

A developer representative asked the CRA to amend a preexisting increment rebate agreement for Billy's Creek to include Florida Statute 252.363 (tolling/extensions under emergency declarations); board members debated whether the policy applies automatically or as applicable case-by-case.

Megan Strayhorn, representing the owner of a Billy's Creek project, asked the board to add a provision referencing Florida Statute 252.363 to an existing increment rebate agreement so that development timelines could be tolled during declared emergencies.

Strayhorn said the request is "to add that provision into this agreement, which was, predated the new CRA policy." Commissioner comments and the city attorney clarified that while the CRA adopted guidelines to apply the statute in some circumstances, not every agreement will automatically qualify; applicability should be determined on a case-by-case basis and agreements still "speak for themselves," the attorney cautioned.

The board approved the amendment as presented. Commissioners also discussed using bonds or other protections to discourage repeated, unwarranted extensions on other agreements.