HomeMy WebLinkAboutR-2006-034 Interlocal Agreement re CRA-County RESOLUTION NO. 2006-034
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO
THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF
DANIA BEACH, THE COMMUNITY REDEVELOPMENT AGENCY AND
BROWARD COUNTY, PERTAINING TO COUNTY FUNDING OF
INFRASTRUCTURE IMPROVEMENTS PROPOSED FOR THE DANIA BEACH
CRA AND AREAS ADJACENT TO THE CRA AREA; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the First Amendment to the Dania Beach Interlocal Agreement existing
between the City of Dania Beach, the City of Dania Beach Community Redevelopment Agency
(CRA)and Broward County,pertaining to County funding of infrastructure improvements proposed
for the Dania Beach Community Redevelopment Agency area and areas adjacent to the CRA area,in
substantial form as Exhibit"A", attached,is approved and the proper City officials are authorized to
execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on February 14, 2006.
a'...._....
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO CORRECTNESS
BY: j /
THOMAS J. A SBR
CITY ATTORNEY
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: FEBRUARY 14, 2006
2. DESCRIPTION OF AGENDA ITEM: CONSENT — RESOLUTION AMENDING THE
COMMUNITY REDEVELOPMENT AREA (CRA) INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DANIA BEACH AND BROWARD COUNTY
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date February 10, 2006
Growth Management Department
City Manager Date
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CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: February 14, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP,, Director C• -�
Community Development Department
SUBJECT: City Commission Approval:
Amendment to CRA Interlocal Agreement
Broward County has agreed to loan the City approximately six million
dollars for CRA-related infrastructure improvements. The funding will
be in the form of a loan which may be converted to a grant based on
the projected tax benefit to the County for major projects permitted
during the first five years of the loan. Private development
permitted within the next five years within the CRA (plus three
parcels east of the CRA boundary) may be included in the loan-to-
grant analysis.
The 'interlocal was prepared by the County Attorney's office and
reviewed and edited by the City Attorney and Community
Development Director. It is not included in the backup because the
county continues to make last minute changes. The document will be
submitted at or prior to the City Commission meeting.
The City Manager recommends approval.
RECOMMENDATION
Approval.
Exhibit 1
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
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• FIRST AMENDMENT TO DANIA BEACH INTERLOCAL AGREEMENT
This is a First Amendment to the Dania Beach Interlocal Agreement ("First
Amendment"), made this 2, day of 2006, by and between the
following:
Broward County, Florida
a political subdivision of the State of Florida
(the "County"),
and
City of Dania Beach, Florida, a municipal
corporation under the laws of the State of
Florida (the "City"),
and
The Dania Beach Community Redevelopment
Agency, or its successor, a public body
Corporate and.politic (the "CRA").
• WHEREAS, on April 20, 2004, County, the City and the CRA entered into an
Interlocal Agreement ("Dania Beach Interlocal Agreement") pursuant to which it was
agreed that the County method of investment in any redevelopment activities proposed
by the City and/or the CRA, during the term of the Interlocal Agreement and any
amendments thereto, and pursuant to the adopted Dania Beach Community
Redevelopment Plan, would be implemented pursuant to the requirements and criteria
of the funding program, established by the County, known as the Redevelopment
Capital Program ('RCP"); and
WHEREAS, pursuant to the Interlocal Agreement, the basis of any amendment
and extension to the term of the Interlocal Agreement would be the submission by the
City and/or the CRA to the County, of a proposed community redevelopment project(s)
within the term of the Interlocal Agreement and the successful negotiations by and
between the City; the CRA and the County pertaining to same; and
WHEREAS, pursuant to the Interlocal Agreement, the basis of any amendment
will include an implementation schedule and critical path timeline for the proposed
community redevelopment project(s); and
WHEREAS, on February 14, 2006, the Dania Beach City Commission, for
purposes of Redevelopment Capital Program funding consideration, with respect to
projects located outside of the CRA boundaries, but close enough to the CRA, such that
the development would further both the Dania Beach CRA Plan and the Redevelopment
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• Capital Program, approved the inclusion of properties located between the eastern
boundary of the CRA and the Modello Project, which is included, (the "additional
properties") as shown in the map attached hereto as Exhibit "A," and further, approved
a Redevelopment Plan for the Additional Properties; and
WHEREAS, the County, the City, and the CRA acknowledge and agree that
these additional properties, as defined herein above, are not included in the Dania
Beach Community Redevelopment Area, established pursuant to Chapter 163, Part III,
but rather that the combined Community Redevelopment Area, as defined in the Dania
Beach Interlocal Agreement, and these additional properties shall be distinguished from
the Community Redevelopment Area and shall be known as the Dania Beach RCP
Redevelopment Area; and
WHEREAS, the City and/or the CRA have now identified infrastructure
improvements, as described in Exhibit "B" attached hereto, necessary for
redevelopment within the Dania Beach RCP Redevelopment Area; and
WHEREAS, the City and/or the CRA have now submitted an Application
pursuant to the requirements of the Redevelopment Capital Program; and
WHEREAS, the County has reviewed the Application; based upon the
established criteria of the Redevelopment Capital Program and has determined that
eligible projects exist within the parameters of the Redevelopment Capital Program, as
• set forth in Section 1.6 of the Interlocal Agreement, and based upon the successful
negotiations by and between the City, the CRA and the County pertaining to same; and
WITNESSETH, that for and in consideration of the mutual covenants and
agreement contained herein, the County, the City and the CRA agree as follows:
1. That the properties located between the eastern boundary of the CRA and the
Modello Project, which is included, are not part of the Dania Beach Communily
Redevelopment area established pursuant to Chapter 163, Part III, Florida
Statutes, the Community Redevelopment Act of 1969, as amended, but rather
the combined Community Redevelopment Area,.as defined in the Dania Beach
Interlocal Agreement, and these additional properties shall be distinguished from
the Community Redevelopment Area and shall be known as the Dania Beach
RCP Redevelopment Area.
2. That .the delegation of powers by the County to the City pursuant to Chapter
163.330, et seq., Florida Statutes, the Community Redevelopment Act of 1969,
as amended, and pursuant to the County Resolution No. 2004-423 does not
apply to these additional properties.
3. That these additional properties while part of the Dania Beach RCP
Redevelopment Area, are subject to the requirements of the Redevelopment
Capital Program for non-CRA areas, including, but not limited to, reporting
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• requirements and maintaining a separate accounting for monies received from
the County.
4. The truth and accuracy of each "WHEREAS" clause set forth above is
acknowledged by the parties and the recitals contained are incorporated herein.
5. Section 1.4 of the Dania Beach Interlocal Agreement is hereby amended to read
as follows:
1.4 The City, either directly or through the CRA, will establish and maintain a
Redevelopment Trust Fund, as required by applicable law. The City,
either directly or through the CRA, must maintain a separate accounting
for monies received from the County pursuant to the terms herein.
6. Section 1.8 of the,Dania Beach Interlocal Agreement is hereby amended to read
as follows:
1.8 The County shall determine the total County investment amount for each
project, taking into consideration the amount of funds available through
the Redevelopment Capital Program consistent with Resolution No.
2004-76. As such, County funding shall not exceed the sum of Six Million
Three Hundred Forty-five Thousand Eight Hundred Sixty-six Dollars
($6,345,866), and can be used only for the stated purposes herein, as
• shown in Exhibit "B" attached hereto, which are necessary for
redevelopment within the Dania Beach RCP Redevelopment Area.
7. A new Section 4 of the Dania Beach Interlocal Agreement is hereby created as
follows:
4.0 COUNTY FUNDING OF THE PROPOSED INFRASTRUCTURE
IMPROVEMENTS
4.1 The County will participate with the City and/or the CRA in funding
the infrastructure improvements described in Exhibit "B" attached
hereto, which are necessary to the successful commencement and
completion of redevelopment within the Dania Beach RCP
Redevelopment Area.
4.2 County investment will be exercised only after:submission by the
City and/or CRA to the County of an implementation schedule and
critical path timeline for the proposed infrastructure improvements,
shown in Exhibit "B," and other public and 'private community
redevelopment project(s).
4.3 County will lend up to 100% of the cost of each infrastructure
improvement, in accordance with the Redevelopment Capital
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Program guidelines, and based on the costs `shown in Exhibit S,"
as further set forth in this Agreement.
4.4 County loan(s) shall not be made without sufficient documentation
(eg permits and contracts) that evidences when the infrastructure
improvemeht(s) will commence.
4.5 No payments of interest or principal shall be due within the first five
(5) years of the loan(s).
4.6 If all infrastructure improvements do not commence simultaneously,
then multiple County loans may be made and the five-year interest
free period will be based on the date each loan-was made.
4.7 The County shall provide a grant up .to the amount of the original
infrastructure loan(s) if both of the following conditions are met: 1 )
all infrastructure improvements are completed within five (5) years
from the effective date of this First Amendment, and 2) the
City/CRA demonstrates that the County's share of the revenue
generated by the net increase in the tax base within the Dania
Beach RCP Redevelopment Area boundaries over 20 years
(measured from the effective date of this First Amendment) due to
specific private redevelopment project(s) is expected to equal or
exceed the amount of the original infrastructure loan(s).
4.7.1 If conditions 1) and 2) of Section 4.7 are met, the
infrastructure loan(s) shall convert to a grant(s), through
formal request by the City/CRA, as follows: 1) one-third of
the amount of the loan(s) or one-third of the County's share
of the revenue generated by the expected net increase in the
tax base due to specific private redevelopment project(s),
whichever is less, will convert to a grant(s) at the time of the
approval of the requisite permitting for the private
redevelopment project(s), and appropriate documentation of
completion of the specific infrastructure improvement(s)
shown in Exhibit "B'; 2) an additional one-third of the amount
of the loan(s) or one-third of the County's share of the
revenue generated by the expected net increase in the tax
base due to specific private redevelopment project(s),
whichever is less, will convert to grant(s) at the time when
the City/CRA provides documentation to the County that
50% of the total project floors are erected; and, 3) the
remaining one-third of the amount of the loan(s) or one-third
of the County's share of the revenue ;generated by the
expected net increase in the tax base due to specific private
redevelopment project(s), whichever is less, will convert to a
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• grant(s) at the time of the completion of the private
redevelopment project(s) evidenced by the issuance of all
applicable Certificates of Occupancy.
4.8 If conditions 1) and 2) of Section 4.7 herein are not met, the
infrastructure loan(s) must be repaid to the Redevelopment Capital
Program by the City or CRA over a 15-year period commencing at
the end of the initial 5-year interest-free period; as provided by
Section 4.5 herein, with interest at the Municipal Market Data
(MMD) "A" revenue bond rate as in effect at the time repayment
begins. In no event shall the term of the loan(s) exceed twenty
(20) years: five years interest free, and up to 15 years at the MMD
"A" revenue bond rate.
4.9 The City/CRA and the County agree that certain portions of the
infrastructure improvement projects shown in Exhibit "B" do not
only increase capacity for redevelopment but also upgrade existing
service. Specifically, the City/CRA and the County agree that the
Sewer Project, shown in Exhibit "B," increases capacity by 33% and
therefore only 33% of the cost of the Sewer Project ($160,642) is
eligible for a loan under the terms of this Agreement.
4.10 In no event shall the total amount of County loan(s) for
• infrastructure improvements described in Exhibit "B" exceed
$6,345,866 ($5,130,318 for water, $160,642 for sewer, and
$1,054,906 for stormwater). If the actual cost(s) of these
infrastructure improvement(s) is less than $6,345,866, then the total
amount of the loan(s) for the infrastructure improvement(s) cannot
exceed the actual cost(s).
4.11 In no event shall the total grant(s) for the infrastructure
improvements shown in Exhibit "B" exceed the total amount of the
loans described in Section 4.10.
4.12 The calculation of the net increase in the tax base over 20 years,
which is Condition 2 of Section 4.7 herein, is as follows:
4.12.1 The net present value of the County's share of the revenue
generated by the net increase in the tax base from a
specific private redevelopment project shall be calculated
based on the following parameters:
'Estimated Project Value: Project Cost (Land'& Improvements)
Property Assessment Rate: 85% of Project Cost
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Collection Rate: 95%
Property Appreciation Rate: 4%
Payback Term: 20 Years
County Millage: Effective County Millage at the time of
grant consideration.
Discount Rate: The interest rate from the table of"A"
General Obligation yields produced
by "Municipal Market Data" and
published in the Bond Buyer for the
20-year maturity in the proposed
project financing or funding plan. The
actual rate used shall be the interest
rate published within five (5) days
prior to the date of submittal of the
request for grant funds by the
City/CRA to the County.
4.12.2 The net increase in the tax base is the difference between
the assessed (85%) value of the specific redevelopment
• project including land and improvements, and the taxable
value of the existing property including land and
improvements. If a property was acquired by the County,
the City or the CRA for the purpose of redevelopment,
within the last 4 years, the taxable value will be the latest
available taxable value increased annually by the growth in
the tax base within the RCP Redevelopment Area.
8. Section 5 of the Dania Beach Interlocal Agreement is hereby created as follows:
5.0 CITY/COUNTY COORDINATION
A. Redevelopment Area Coordinator
5.1 The County Administrator, or designee, shall designate a
redevelopment area coordinator (the "Redevelopment Area
Coordinator") for Redevelopment Capital Program funding of
projects in the Dania Beach RCP Redevelopment Area.
5.2 The Redevelopment Area Coordinator shall serve as the County's
liaison to the City/CRA for the use of the Redevelopment Capital
Program in the redevelopment of the Dania Beach RCP
Redevelopment Area.
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3 The Redevelopment Area Coordinator shall be the County s
representative for the projects carried out pursuant to the
Agreement and shall be the designated person to receive all data
and reports required herein.
B. Proiect Management, Administration And Coordination
5.4 The City/CRA shall be responsible for implementing and
conforming to the redevelopment projects including developing and
implementing proposals for indebtedness and bond financing,
acquisition, disposition and relocation activities, eminent domain
activities, coordination and implementation of the design and
construction necessary to support the redevelopment of the subject
area.
5.5 The City/CRA shall consider any reasonable request for information
or documentation from the County with respect to implementing any
plan of action related to the redevelopment project(s). The critical
path timeline and implementation schedule shall be updated when
a request for County funding is submitted, as well as annually
beginning one year from the date of execution of this First
Amendment, and copies shall be delivered to the Redevelopment
® Area Coordinator.
5.6 The Redevelopment Area Coordinator shall receive from the
City/CRA advance notice of all public meetings related to
redevelopment projects pursuant to this Agreement and, on a
regular basis, provide information regarding the progress of the
design and construction of such projects.
5.7 The City/CRA shall consult regularly with the Redevelopment Area
Coordinator in order to keep the County reasonably informed
throughout the planning, design and construction of such
redevelopment projects.
C. City/CRA Reporting Requirements
The following Section through Section D Records on page 8 of this First
Amendment amends and supersedes Sections 1.9 and 1.10 of the Dania
Beach Interlocal Agreement:
5.8 During the term of this Agreement or any amended term thereof,
the City/CRA shall provide to the County, by March 31 sc of each
year, an annual independent audit by a Certified Public Accounting
firm and report of activities, in furtherance of Sections 163.356(3)
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and 163.387(8), Florida Statutes. The audit and report shall include
a complete financial report of the City's and CRA's redevelopment
project(s) relevant to the within Agreement for the preceding fiscal
year; a complete financial statement setting forth the City's and
CRA's assets, liabilities, income and operating expenses as of the
end of such fiscal year for the redevelopment project(s) relevant to
the within Agreement; and evidence of the maintenance of a
separate account/fund for monies received from the County,
including the sources and uses of funds for the redevelopment
project(s) relevant to the within Agreement. The County shall
review the audit and if it deems necessary, for purposes of being
fiscally responsible to all County residents, shall have the ability to
cause another independent audit to be performed on an annual
basis, at the County's expense, unless a material difference is
found, in which case the audit will be at the expense of the
City/CRA.
5.9 During the term of this Agreement, the City/CRA shall provide to
the County by March 315t of each year an annual progress report, in
furtherance of Section 18.87 of the Administrative Code of Broward
County.
5.9.1 The City/CRA shall include a comparison of redevelopment
plan goals, objectives and policies to the progress made in
�. carrying out the redevelopment projects, with a description of
annual program accomplishments and an analysis of the
increase to the tax base. The annual progress report
provided by the City/CRA to the County shall include a
section that speaks to the critical path timeline and the City's
and CRA's projected acquisition, construction and financial
projections for the remaining years of the Agreement.
5.9.2 The detailed report of the progress made in carrying out the
redevelopment projects is to include time frames and
benchmarks, including, but not limited to, accounting of
County funding monies, increases to the tax base, any
leverage of private or non-ad valorem funds, costs and
revenues, growth in new business, reduction of incompatible
land uses or code violations, improvements to infrastructure
and ongoing benefits to the larger community.
5.9.3 The annual progress report also must include both
expenditures for the current fiscal year and cumulative
financial information for each individual project or activity
undertaken pursuant to the adopted redevelopment plan in a
format approved by the County as shown in Exhibit "C."
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• Specifically, the report must include the status of private
redevelopment projects and public improvements, status of
non-County funds and detailed accounting for all funds
received from the County. With respect to the additional
properties, the City, at all times, shall maintain a separate
accounting for monies received from the County, including
but not limited to the sources and uses of the funds.
5.9.4 The County shall review the annual progress report and
determine if the redevelopment projects have progressed in
a satisfactory manner. At the. request of the County, the
City/CRA shall submit additional progress reports, if
necessary. If the County determines after receipt and review
of the annual progress report(s), that the City/CRA has not
progressed satisfactorily with the redevelopment project(s),
the County shall deliver to the City/CRA a written notice
specifying the lack of satisfaction in detail. If the City/CRA
fails to commence or take corrective action to the reasonable
satisfaction of the County, the County reserves the right to
withhold future funding, which funding is provided for under
the terms of the within Agreement. The parties hereto shall
exercise reasonable due diligence throughout the term
hereof.
• D. Records
City/CRA and County shall each maintain their own respective
records and documents associated with this Interlocal Agreement in
accordance with the requirements for records retention set forth in
Chapter 119, Florida Statutes.
9. Section 6 of the Dania Beach Interlocal Agreement is hereby created and
supersedes Section 3.2 of the Agreement, to read as follows:
6.0 TERMINATION
6.1 The County shall be entitled to terminate this Agreement upon the
occurrence of a default by the City/CRA under the terms of this
Agreement. As used herein, "default" means:
6.1.1 The failure of the City/CRA to perform substantially its
obligations as detailed under the terms of this Agreement; or
6.1.2 The engagement in any illegal activity or criminal conduct, in
a materially adverse manner, by any agent or employee of
the City/CRA in the conduct of its affairs under the
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• Agreement, about which activity or conduct the City/CRA
knew or should have known.
6.2 To terminate this Agreement, based upon the occurrence of a
default under the Agreement, the County shall deliver to the
City/CRA a written notice specifying the default in detail. If the
City/CRA fails to commence or take corrective action to the
reasonable satisfaction of the County, then the Agreement shall
terminate effective on the sixtieth (60th) day following the
City's/CRA's receipt of the notice of default.
6.3 In the event of termination based upon the occurrence of a default
under the Agreement, and the City/CRA fails to commence or take
corrective action as stated above, the City/CRA, at the discretion of
the Board of County Commissioners, shall: 1) repay the
outstanding loan(s) related to the default upon termination; or 2)
repay all outstanding loans in accordance with Sections 4.7 and
.4.8, however, the provision for a grant may be rescinded, except for
grants already provided under the terms of this Agreement.
10. Section 4.0 MISCELLANEOUS of the Dania Beach Interlocal Agreement is
hereby amended to read as follows:
• 7.0 MISCELLANEOUS
7.1 Effective Date: The effective date of this First Amendment shall be
on the date it is fully executed by all parties.
7.2 Joint Preparation: The preparation of this First Amendment has
been a joint effort of the Parties hereto and the resulting document
shall not, solely as a matter of judicial construction, be construed
more severely against one of the Parties than the other.
7.3 Merger: . This Agreement incorporates and includes all prior
negotiations, correspondence, agreements or understandings
applicable to the matter contained herein; and the Parties agree
that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the Parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further
agreed that no change, amendment, alteration or modification in
the terms and conditions contained herein shall be effective unless
contained in a written document executed with the same formality
and of equal dignity herewith by all Parties to this Agreement.
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• 7.4 Assignment: The respective obligations of the Parties set forth in
this Agreement shall not be assigned, in whole or in part, without
the written consent of the other party.
7.5 Recordation/Filing: The County Administrator as the Ex-Officio
Clerk of the Broward County Board of County Commissioners is
hereby authorized and directed after approval of the Agreement,
and amendments thereto, by the governing body of the City/CRA
and the County and the execution thereof by the duly qualified and
authorized officers of each of the. Parties hereto to file this
Agreement, and amendments thereto, with the Clerk of Broward
County, Florida, as required by Section 163.01(11), Florida
Statutes.
7.6 Contract Adminstrators: The Contract Administrators for this
Interlocal Agreement and amendments hereto are the Dania Beach
City Manager, or designee, and the County Administrator, or
designee. In the implementation of the terms and conditions of this
Interlocal Agreement, as contrasted with matters of policy
specifically established by the respective commissioners through
resolutions and/or ordinances, all parties may rely upon instructions
or determinations made by the respective Contract Administrators.
7.7 Notices: Whenever either party desires to give notice to the other,
• such notice must be in writing and sent by United States mail,
return receipt requested, courier evidenced by a delivery receipt,
facsimile evidenced by a delivery receipt, or by an overnight
express delivery service evidenced by a delivery receipt, addressed
to the party for whom it is intended at the place last specified; and
the place for giving of notice shall remain such until it shall have
been changed by written notice in compliance with the provisions of
this section. For the present, the Parties designate the following as
the respective places for giving of notice. Notice shall be effective
upon delivery as evidenced by a delivery receipt.
FOR COUNTY: County Administrator
Broward County Governmental Center
115 S. Andrews Avenue
Fort Lauderdale, FL 33301
With a copy to: Department of Urban Planning
and Redevelopment
Room 329K, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FL 33301
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® FOR CITY: Ivan Pato
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
With a copy to: City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
FOR CRA: City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
7.8 Governing Law and Venue: This Agreement shall be governed,
construed and controlled according to the laws of the State of
Florida without regard to its conflict of laws provision. Any claim,
objection or dispute arising out of the terms of this Agreement shall
be litigated in the Seventeenth Judicial Circuit in and for Broward
County, Florida.
• 7.9 Severability: In the event a portion of this Agreement is found by a
court of competent jurisdiction to be invalid, the remaining
provisions shall continue to be effective unless the City and/or the
CRA or the County elect to terminate this Agreement. An election
to terminate this Agreement based upon this provision shall be
made within seven (7) calendar days after the court's determination
becomes final. For the purposes of this section, "final" shall mean
the expiration of time within which to file an appeal or the
conclusion of any appellate proceeding and the granting of an
order. In such event, the Parties agree to cooperate fully with the
other to effectuate a smooth transition of services.
7.10 Amendments: Except as expressly authorized in this Agreement,
no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this
Agreement.and executed by the Parties.
7.11 Third Party Beneficiaries: Neither City, County nor CRA intend that
any person shall have cause of action against either of them as a
third party beneficiary under this Agreement. Therefore, the Parties
agree that there are no third party beneficiaries to this Agreement
and that no third .party shall be entitled to assert a claim against
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• either of them based upon this Agreement. The Parties expressly
acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Agreement.
7.12 Force Maieure: Unless otherwise governed by this Agreement or
by federal or state law or regulations, neither party shall be
obligated to perform under this Agreement if such performance is
prevented by fire, hurricane, earthquake, explosion, wars,
sabotage, accident, flood, act of God, riot or civil commotion, or by
reason of any other matter or condition beyond the control of either
party, and which cannot be overcome by reasonable diligence and
without unusual expense. In no event shall lack of funds on the
part of either party be deemed Force Majeure. Either party desiring
to rely upon such a cause shall, when the cause arises, give
prompt written notice thereof to the other party and, when the
cause ceases to exist, shall give prompt written notice thereof to
the other party. Both parties agree to use their best efforts to
minimize the effects of such cause that would give rise to the
operation of this provision.
7.13 Nondiscrimination: The decision of the Parties hereto regarding the
delivery of services under this Agreement shall be made without
regard to or consideration of race, age, religion, color, gender,
sexual orientation (Broward County Code, Chapter 161/2), national
origin, marital status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully used as a
basis for service delivery.
7.14 Gender: Whenever any words are used in this Agreement in the
masculine gender, they shall be construed as though they were
also used in the feminine or neuter gender in all situations where
they would so apply, and whenever any words are used in this
Agreement in the singular form, they shall be construed as though
they were also used in the plural form in all situations where they
would so apply.
7.15 The Parties shall not engage" in or commit any discriminatory
practice in violation of the Broward County Human Rights Act
(Broward County Code, Chapter 161/2) in performing any services
pursuant to this Agreement.
7.16 The Parties agree that an extraordinary majority vote (4/5) vote of
the Dania City Commission and the CRA, as applicable, shall be
required in order to institute any eminent domain proceeding or to
acquire any property exceeding the appraised value within the
Community Redevelopment area.
13
i . 3
• 7.17 Th
at in the event of any conflict or ambiguity by and between the
terms and provisions of this First Amendment to the original
Agreement and the original Agreement, the terms and provisions of
this First Amendment shall control to the extent of any such conflict
or ambiguity.
7.18 That the original Agreement executed by the parties, shall remain in
full force and effect except as specifically amended herein.
7.19 This First amendment may be executed in up to four (4)
counterparts; each of which shall be deemed to be an original.
(Remainder of page intentionally left bland
14
1
• IN WITNESS WHEREOF, the Parties hereto have made and executed this
FIRST AMENDMENT to the Agreement on the respective dates under each signature:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by
and throuo its Mayor or Vice Mayor, authorized to execute same by Board action on
the -di ' day of '" tics , 2006; and the CITY OF DANIA BEACH, signing by
and through its c - , duly authorized to execute same and the DANIA
BEACH COMMUNITY R EVELOPMENT AGENCY, signing by and through its Chair,
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD UNTY C SIONERS
o Odministrator 4k By
i Cerk offico ,of Mayor
Board of County �Cs °i is
'�+n
of Broward CouQf I?{c�rid
day of .� ��� , 2006
A -
Approved as to form by
ffice of County Attorney
• �:::.
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
BY
Carl L. Kitchner
j Assistant County Attorney
Allay of E 2006
15
FIRST AMENDMENT TO INTERLOCAL AGREEMENT AMONG BROWARD COUNTY,
CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT
AGENCY
CITY OF DANIA BEACH
ATTEST: DANIA BEACH, through its
(�' l&4.4�,
By
LOUISE STILSON City Cler ANNE CASTRO Mayor-Commissioner
14 _ day of FEBRTARY , 2006
P TY MANAGER Approved as to form:
By
7.TA! C` TL` lW
City AttorneJy
• 14 day of FEBRUARY , 2006
16
r 1
i
FIRST AMENDMENT TO INTERLOCAL AGREEMENT AMONG BROWARD COUNTY,
CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT
AGENCY
COMMUNITY REDEVELOPMENT AGENCY
WITNESSES:
DANIA BEACH COMMUNITY
i
REDEVELOPMENT AGENCY
`IVAN , CITY MANAGER
ANNE CASTRO, CHAIRMAN
LOUISE STILSON, CITY CLERK
14 day of FEBF.UARY , 2006
v
i
CLK/It
2/10/06
#06-037.01
G:\DIV2\CLK\CLK06\daniabchlstamendfinaIO20806.doc
•
17
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Exhibit 'A' "Additional Properties" N
Cra Boundary Area
1000 0 1000 2000 3000 4000 5000 Feet
• DANIA BEACH CRA&"ADDITIONAL PROPERTIES"INFRASTRUCTURE IMPROVEMENT; EXHIBIT B
Item No.' Description' From' To' Total' (%)' Recommended
County
Water Large Diameter Water Main with Fittings
Loarl(s►=
12 inch Water Main-US 1(or parallel thereto) Dania Beach Blvd Sheridan St. $ 992,250 100 $ 992,250
12 In Water Main Dania Beach Blvd US 1 east end $ 540,000 100 $ 540,000
16 in Water Main-US 1(or parallel thereto) Dania Beach Blvd Griffin Rd $ 432,000 100 $ 432,000
20 inch Water Main(route TBD) WTP downtown $ 380,000 1D0 $ 380,000
16 inch Water Main(route TBD) WTP downtown $ 464,000 100 $ 464.000
Special Connections/Crossings $ 200,000 100 $ 200,000
High Service Pumping Station $ 575,000 100 $ 575,000
TOTAL CONSTRUCTION $ 3,583,250 100 $ 3,583,250
Contingency 537,488 100 537,488
TOTAL CONSTRUCTION $ 4,120,738 100 $ 4,120,738
Engineering $ 412,074 100 $ 412,074
Survey $ 103,018 100 $ 103.018
Permits $ 41,207 100 $ 41,207
Construction Mgmt $ 247,244 100 $ 247,244
Administration $ 82.415 100 $ 82,415
Env.Contingency $ 123,622 100 $ 123.622
Total Eng.&Permits $ 1,009,581 100 $ 1,009,581
Total Water Project $ 5,130,318 100 $ 5,130,798
Sewer Large.Diameter Sewer Main
16 in Force Main Dania Beach Blvd $ 320,000 33 $105,600
Special Connections/Crossings $ 20,000 33 $6,600
TOTAL CONSTRUCTION $ 340,000 33 $112.200
Contingency 51,000 33 $16,830
• TOTAL CONSTRUCTION $ 391,000 33 $129,030
Engineering $ 39,100 33 $12,903
Survey $ 9.775 33 $3,226
Permits $ 3,910 33 $1,290
Construction Mgmt $ 23,460 33 $7,742
Administration $ 7,820 33 $2,581
Env.Contingency $ 11,730 33 $3,871
Total Eng.&Permits $ 95,795 33 $31.612
Total Sewer Project $ 486,795 33 $160,642
Stormwater Basin 5b-1 Federal Highway Trunk Line BC 1996 study $ 448,910 100 $ 448,910
Basin 51 SE 2nd Ave trunk BC 1996 study $ 287,885 100 $ 287,885
TOTAL CONSTRUCTION $ 736,795 100 $ 736,795
Contingency 110,519 100 1 10,519
TOTAL CONSTRUCTION $ 847,314 100 $ 847,314
Engineering $ 84,731 100 $ 84,731
Survey $ 21,183 100 $ 21,183
Permits $ 8,473 100 $ 8,473
Construction Mgmt $ 50,839 100 $ 50,839
Administration $ 16,946 100 $ 16,946
Env.Contingency $ 25,419 100 $ 25,419
Total Eng.8 Permits $ 207,592 100 $ 207,592
Total Stormwater Project $ 1,054,906 100 $ 1,054,906
TOTAL ALL PROJECTS $ 6,672,019 $ 6,345,866
Revised Preliminary Engineering Opinion of CRA and"Additional Infrastructure Imrovements,provided by Larry Leeds,February 10,2006
and Recommended County Loan(s),prepared by Broward County Dept.of Urban Planning and Redevelopment,Planning Services Division,February 10,2006
• e
Exhibit C
BR`11.`,,0,,.--,,,, /ARD
K,
COUNTY
' COUNTY AUDITOR
115 S.Andrews Avenue, Room 520,Ft. Lauderdale, FL 33301 • 954-357-7590• FAX 954-357-7592
Date: March 4, 2004
To: Roger Desjarlais, County Administrator
Cynthia S. Chambers, Office of Urban Planning and Redevelopment
From : Evan A. Lukic, County Auditor
Subject: Proposed Activity Report Format for the Community Redevelopment Agencies
Pursuant to Section 163.356(3)(c), Florida Statutes, a community redevelopment agency
(Agency) must file with the governing body a report of its activities for the preceding fiscal year.
In addition to this statutorily prescribed duty to the governing body, an Agency also has a
fiduciary duty to the taxing authorities who have provided the tax increment used by the Agency
to finance any community redevelopment it undertakes pursuant to the approved community
redevelopment plan. An essential part of fulfilling this fiduciary duty to the taxing authorities is the
periodic preparation of a report demonstrating accountability for the resources placed in their
care. As we discussed on February 19, 2004, most of the Agencies are not preparing this report
or are preparing an activity report that does not demonstrate accountability.
• To effectively demonstrate accountability for the resources, the activity report must include
cumulative financial information for each individual project or activity undertaken pursuant to the
community redevelopment plan. As shown, on page two, we propose an activity report format
composed of three sections. The first section would present the program expenditures for the
current fiscal year and the cumulative expenditures for each community redevelopment project
and activity as follows: 1) a description of the project; 2) the projected cost of the project as
originally presented in the plan; 3) the cum ulative expenditures for the project up to the beginning
of the fiscal year being reported; 4) the expenditures for the fiscal year; and 5) the total
cumulative expenditures as of the end of the fiscal year being reported. The second section
would be the Statement of Revenue, Expenditures and Changes in Fund Balance for the trust
fund and would incl ude 1) revenue received by source; 2)the program expenditures; 3)
administrative costs, including salaries, contractual services, and capital outlay; 4) debt service,
including principal and interest; 5) other expenditures; and 6) the fund balance. Section three
would be the Balance Sheet for the trust fund. There must be sufficient full disclosure in all
sections and the information presented must be reconcilable to the community redevelopment
plan and the independent financial audit of the Agency's trust fund required by Section
163.387(8)of the Florida Statutes.
Broward County Board'of County Commissioners
�Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman Lori Nance Parrish•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin
www.broward.org
• Subject: Proposed Activity Report Format for the Community Redevelopment Agencies
March 4, 2004
Page -2-
Proposed format for the report of activities.
XYZ Community Redevelopment Agency
Report of Activities
For Fiscal Year Ended September 30,2003
Section I:Program Expenditures
Cumulative Cumulative
Projected Cost as Expenditures Expenditures for Expenditures
Description of the project Presented in Plan Through 9-30-02 Fiscal Year 2003 Through 9-30-03
Streetscape Improvements $6,500,000 $3,500,000 $50,000 $3,550,000
Parking Project 4,500,000 50,000 4,000,000 4,050,000
Water Utility Improvements 2,000,000 2,000,000 0 2,000,000
Drainage Improvement 2,000,000 2,000,000 0 2,000,000
Streetlight Installation 500,000 200,000 50,000 250,000
Total Program Expenditures $4 100 000
Section 11:Statement of Revenue,Expenditures and Changes in Fund Balance
Revenues:
City Tax Increment $#,###,###
County Tax Increment ########
Interest
® Total Revenues
Program Expenditures(total from Section 1) 4,100,000
Administrative Costs:
Salaries ####,##p#
Contractual Services ##,####
Capital Outlay #,###
Total Administrative Costs
Debt Service:
Principal ###,####
Interest ###,###
Total Debt Service #,###.##i#
Other Expenditures #
Total expenditures #,###,###
Excess of Revenues Over Expenditures #,###
Fun Balance,October 1 ####,####
Fund Balance,September 30
Section III:Balance Sheet
Assets(with detail) gam,
Liabilities and Fund Balance(with detail)
•
Performance Section
-comparison of results to the plan objectives
-critical path timeline
-time frames and benchmarks
-increases to the tax base
-any leverage of private or non-ad valorem funds
-growth in new business
-reduction of incompatible land uses or code violations
-improvement to infrastructure and ongoing benefits to the larger community
-the status of private redevelopment projects and public improvements using
non-county funds
Financial Section
-current fiscal year information, including 1)accounting of County funding and
2)detail of all expenditures(County and non-County)and related revenues for
each project
-cumulative financial information as follows:
•
Projected Cumulative Cumulative
Project Expenditures Expenditures Thru
Description Cost as Expenditures for Current End of Current
Presented in Thru End of Plan Prior Fiscal Year Fiscal Year Fiscal Year
Project 1 $####,#### $####,###t $ $ #k##
Project 2 , ,### ###,###
Project 3 , ,#
Total Program
Expenditures $ ,
cUUbDIN
j
.0 ® '® COUNTY
•
Department of Urban Planning and Redevelopment
PLANNING SERVICES DIVISION
115 S.Andrews Avenue, Room 329K•Fort Lauderdale,Florida 33301 •954-357-6634•FAX 954-357-8655
March 7, 2006
Ms. Louise Stilson, City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Dear Ms. Stilson:
Subject: First Amendment to Interlocal Agreement
Enclosed please find an executed original of the First Amendment to Dania Beach Interlocal
Agreement between Broward County, the City of Dania Beach, and the Dania Beach Community
Redevelopment Agency (CRA), which was approved on February 21, 2006. The City Manager of the
City of Dania Beach will also receive an executed original.
Please let me know if you have any questions about this document, or if you need any additional
information. I can be reached at 954-357-6644 or rfallonabroward.org.
Sincerely,
Rosemarie C. FalIon, AICP
Principal Planner
RCF
Enclosure
cc: Laurence.Leeds, AICP, Director, Dania Beach Community Development Department
Bertha Henry, Interim County Administrator, without enclosure
Zachary Williams, Assistant County Administrator,without enclosure
Jeffrey J. Newton, County Attorney, without enclosure
Carl L. Kitchner, Assistant County Attorney
Cynthia S. Chambers, Director, Broward County Department of Urban Planning and
Redevelopment, without enclosure
Broward County Board of County Commissioners
Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin•Lois Wexler
www.broward.org/urbanplanning