HomeMy WebLinkAboutR-2009-027 Second Amendment to CRA Interlocal Agreement RESOLUTION NO. 2009-027
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A SECOND 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
CPA AREA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN
FF E ECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the Second 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, 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 such
changes,insertions and omissions and such filling in of blanks as are deemed necessary and proper
for the best interests of the City, as hereafter may be approved and made by the City Manager,upon
the advice of the City Attorney. The execution, attestation and delivery of the Second Amendment
to the Dania Beach Interlocal Agreement, as described above, shall be conclusive evidence of the
City's approval of any such determinations, changes, insertions, omissions or filling in of blanks.
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repealed to the extent of such conflict.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 11, 2009.
( ..-�.
ALBERT C. JONES
MAYOR-COMMISSIONER
AT ST: OQo�Pav'S
LOUISE STILSON, CMC
CITY CLERK
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APPROVED AS TO F AND CORRECTNESS
BY: ,/\
THO ASJ. A SBRO
CITY ATT RNEY
2 RESOLUTION #2009-027
SECOND AMENDMENT TO DANIA BEACH INTERLOCAL AGREEMENT
This is the Second Amendment to the Dania Beach Interlocal Agreement
("Second Amendment'), made this day of February, 2009, 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' or "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
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 as Exhibit "A" to the First Amendment (as
hereinafter defined), and further, approved a Redevelopment Plan for the Additional
Properties; and
WHEREAS, in the First Amendment, the County, the City, and the CRA
acknowledged and agreed that the Additional Properties were not included in the Dania
Beach Community Redevelopment Area, established pursuant to Chapter 163, Part III,
Florida Statutes (the "Act'), but rather that the combined Community Redevelopment
Area, as defined in the Dania Beach Interlocal Agreement, and the Additional Properties
should be distinguished from the Community Redevelopment Area and should be
known as the "Dania Beach RCP Redevelopment Area'; and
WHEREAS, the City and/or the CRA submitted an Application pursuant to the
requirements of the Redevelopment Capital Program; and
WHEREAS, the County reviewed the Application based upon the established
criteria of the Redevelopment Capital Program and determined that eligible projects
existed 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, the County, the City,
and the CRA thereafter entered into the First Amendment to the Dania Beach Interlocal
Agreement ("First Amendment'), dated February 21, 2006, pursuant to which the
County agreed to fund, subject to the terms and conditions thereof, certain infrastructure
improvements as described in Exhibit "B" to the First Amendment within the Dania
Beach RCP Redevelopment Area up to the total amount of Six Million Three Hundred
Forty-Five Thousand Eight Hundred Sixty-Six Dollars ($6,345,866.00) from the
Redevelopment Capital Program; and
WHEREAS, the City and/or the CRA thereafter proceeded to complete the
infrastructure improvements identified in Exhibit "B" to the First Amendment, utilizing its
own funds and State Revolving Fund ("SRF") loans, due to the volatility of the interest
rate market and other economic factors affecting the City and CRA, and did not utilize
any of the $6,345,866.00 from the Redevelopment Capital Program committed under
the First Amendment; and
WHEREAS, the City and the CRA have now identified additional projects or
improvements to replace those identified in Exhibit "B" to the First Amendment, and
wish to utilize the funds committed under the First Amendment for such purposes; and
WHEREAS, the City and the CRA have submitted an Application for funding
through the Redevelopment Capital Program for the reimbursement of the costs of
acquisition of the property commonly referred to as Parcel 109 in the amount of
$2,761,314.99 (the "Parcel 109 Reimbursement'), and an additional Application for
funds to design, develop and construct a parking structure or garage adjacent to City
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Hall and the Library to be built pursuant to that certain Agreement between the County
and the City for Lease of Real Property for Public Library and Design and Construction
of a Library Facility (the "Library Agreement'), the funds for which parking garage are
hereinafter referred to as the 'Parking Garage Funds," the collective total of which with
the Parcel 109 Reimbursement, together with such future project(s) that will be the
subject of future application(s) by the CRA to the County and future amendments
resulting therefrom, shall not exceed the sum of $6,345,866.00 contemplated by the
First Amendment; and
WHEREAS, the City and the CRA have requested that the Parking Garage
Funds be paid subject to the conditions set forth herein to the CRA for deposit into the
Dania Beach CRA Community Redevelopment Trust Fund ("Redevelopment Trust
Fund") created and established pursuant to the Act, the Interlocal Agreement and City
Ordinance No. 2006-017 to be expended solely for the purposes set forth herein; and
WHEREAS, the Parking Garage and Parcel 109 are wholly contained within the
boundaries of the CRA; the Additional Properties, as shown in Exhibit "A" to the First
Amendment, and collectively known with the Dania Beach Community Redevelopment
Area as the Dania Beach RCP Redevelopment Area, shall be distinguished from the
Dania Beach Community Redevelopment Area, and are no longer part of the
redevelopment area, and are not subject to the RCP request for funding herein; and
WHEREAS, after further discussion and negotiation, the County, the City and the
CRA expect to soon consider a contemplated Third Amendment to Dania Beach
Interlocal Agreement ("Third Amendment') addressing the Parcel 109 Reimbursement,
and the terms and conditions thereof;
WITNESSETH, that for and in consideration of the mutual covenants and
agreements contained herein, the County, the City and the CRA agree as follows:
1. The truth and accuracy of each "WHEREAS" clause set forth above is
acknowledged by the parties and the recitals contained are incorporated herein.
2. 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, has established and will
maintain the 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 of
the Dania Beach Interlocal Agreement, as amended.
3. Section 1.8 of the Dania Beach Interlocal Agreement is hereby amended to read
as follows:
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1.8 The total County funding amount from the Redevelopment Capital
Program payable to the CRA, for the Parcel 109 Reimbursement and
Parking Garage Funds, together with such future project(s) that will be the
subject of future application(s) by the CRA to the County and future
amendments resulting therefrom, shall not exceed the sum of Six Million
Three Hundred Forty-Five Thousand Eight Hundred Sixty-Six Dollars
($6,345,866.00). All amounts paid by the County shall be deposited into
the Redevelopment Trust Fund established by the City or the CRA and
expended solely as authorized by the Act and the Interlocal Agreement, as
amended.
4. Section 4 of the Dania Beach Interlocal Agreement, as created by paragraph 7 of
the First Amendment, is hereby amended and replaced to read as follows:
4.0 COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS
4.1 The infrastructure improvements identified in Exhibit "B" to the First
Amendment are hereby deleted and replaced with the Parcel 109
Reimbursement and the Parking Garage Funds fundings, together
with such future project(s) that will be the subject of future
application(s) by the CRA to the County and future amendments
resulting therefrom, which are necessary to the successful
commencement and completion of redevelopment within the Dania
Beach CRA boundaries. The Parcel 109 Reimbursement, and the
terms and conditions thereof, shall be further addressed and
established in the Third Amendment.
The County shall fund and pay to the CRA, from funds available
through the Redevelopment Capital Program, the actual cost not to
exceed $3,100,000.00 as the Parking Garage Funds, for
approximately 138 spaces, but not less than 125 spaces nor more
than 175 spaces, which spaces are in addition to the 250 spaces
required by the Library Agreement. The County funding of Parking
Garage Funds shall not include any spaces required to be provided
by the City or CRA pursuant to the Library Agreement and thus only
include funding for those spaces above 250 in the Parking Garage.
The differential between the total of the Parcel 109 Reimbursement
and the Parking Garage Funds and $6,345,866.00 shall be
available to the CRA for future projects that will be the subject of
future application(s) by the CRA to the County and future
amendments resulting therefrom,
4.2 The County funding will be exercised as to the Parking Garage
Funds only after submission by the City and/or CRA to the County
of an application therefore, including an implementation schedule
and critical path timeline.
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4.3 The County will lend the actual cost, not to exceed $3,100,000.00,
for no less than 125 spaces nor more than 175 spaces, of all
spaces in the Parking Garage in excess of 250 spaces, at a
projected cost of $22,463.77 per space, as more fully provided in
the Application submitted therefore.
4.4 The County loan(s) of the Parking Garage Funds shall be made
when sufficient documentation (e.g. permits and contracts) that
evidences when the Parking Garage construction will commence is
submitted and reviewed in final by the County for sufficiency and
completeness, and a mutually acceptable loan agreement
executed.
4.5 No payments of interest or principal on the Parking Garage Funds
loan shall be due within the first five (5) years of the loan(s).
4.6 Intentionally Omitted.
4.7 The County shall provide a grant on the Parking Garage Funds
loan up to the amount of the original Parking Garage Funds loan(s)
if both of the following conditions are met: 1) all Parking Garage
improvements are completed within five (5) years from the effective
date of this Second Amendment or such lesser timeframe, if any,
provided in the Library Agreement, and 2) the City/CRA
demonstrates that the County's share of the revenue generated by
the net increase in the tax base due to specific private
redevelopment projects within the Dania Beach RCP
Redevelopment Area boundaries over 20 years (measured from the
effective date of the First Amendment dated February 21, 2006) is
expected to equal or exceed the amount of the original Parking
Garage Funds loan(s).
4.7.1 If conditions 1) and 2) of Section 4.7 are met, the Parking
Garage Funds 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 Parking Garage; 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
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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 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
Parking Garage Funds 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 five-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 In no event shall the total amount of County grant(s) and loan(s) for
the Parcel 109 Reimbursement, the Parking Garage Funds and any
future project(s) that will be the subject of future application(s) by
the CRA to the County and future amendments resulting therefrom,
exceed $6,345,866.
4.10 In no event shall the total grant(s) for the Parking Garage Funds
exceed the total amount of the loans described in this Section 4.
4.11 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:
4.11.1 The net present value of the County's share of the revenue
generated by the net increase in the tax base from all private
redevelopment projects within the Dania Beach RCP
Redevelopment Area boundaries shall be calculated based
on the following parameters:
Estimated Project Value: Project costs (Land & Improvements)
Property Assessment Rate: 85% of Project Cost
Collection Rate: 95%
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Property Appreciation Rate: 4%
Payback Term: 20 Years from the effective date of the
First Amendment, February 21,
2006, but may be less than 20 years
depending on the year the private
redevelopment project(s) become
part of the tax base.
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.
4.11.2 The net increase in the tax base is the difference between
the assessed (85%) value of the various redevelopment
projects 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 Dania Beach RCP Redevelopment Area.
4.12 The City and/or CRA agree that all expenditures of the funds
loaned hereby shall be made in accordance with the terms of the
Act and the Interlocal Agreement, as amended. As the County
method of funding the CRA under the Interlocal Agreement, as
amended, does not include tax increment revenues, the provisions
of Section 163.387(7) do not apply to the City and/or CRA, or the
Redevelopment Trust Fund established and maintained thereby.
The funds loaned herein shall, however, be expended for the
of community redevelopment, in accordance with those
purposes Y P
purposes provided in Section 163.387(6), Florida Statutes.
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5. Section 5 of the Dania Beach Interlocal Agreement, as created by paragraph 8 of
the First Amendment, is hereby amended and replaced to read 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') to serve as the County's liaison to the City/CRA for
oversight of the use of the Redevelopment Capital Program funds
loaned hereby to the City/CRA for redevelopment of the Dania
Beach CRA in accordance with the Act. The Redevelopment Area
Coordinator shall be the County's representative and designated
person to receive all data and reports required herein and/or
pursuant to the Act.
B. Project Management, Administration And Coordination
5.2 The City/CRA shall be responsible for implementing and
conforming to the redevelopment projects in accordance with the
Act, 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 Dania Beach RCP Redevelopment Area.
5.3 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 for all redevelopment
projects shall be updated when a request for County funding is
submitted, as well as annually beginning one (1) year from the date
of execution of this Second Amendment, and copies thereof shall
be delivered to the Redevelopment Area Coordinator.
5.4 The Redevelopment Area Coordinator shall receive from the
City/CRA advance notice of all public meetings related to
redevelopment projects within the Dania Beach RCP
Redevelopment Area and, on a regular basis, be provided
information regarding the progress of the design and construction
of such projects.
5.5 The City/CRA shall consult regularly with the Redevelopment Area
Coordinator in order to keep the County reasonably informed
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throughout the planning, design and construction of such
redevelopment projects.
C. City/CRA Reporting Requirements
The following Section through Section D Records on page 7 of this
Second Amendment amends and supersedes Sections 1.9 and 1.10 of
the Dania Beach Interlocal Agreement, as previously amended by the First
Amendment:
5.6 During the term of the Interlocal Agreement or any amended term
thereof, the City/CRA shall provide to the County, by March 31st of
each year, an annual independent audit by a Certified Public
Accounting firm and report of activities, in furtherance of Sections
163.356(3) 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) 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 the
Redevelopment Trust Fund and separate for all County monies
including the sources and uses of funds therein for the
redevelopment projects 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.
5.7 During the term of the Interlocal Agreement, the City/CRA shall
provide to the County by March 31s` of each year an annual
progress report, in furtherance of Section 18.87 of the
Administrative Code of Broward County.
5.7.1 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 Interlocal
Agreement.
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5.7.2 The detailed report of the progress made in carrying out the
redevelopment projects is to include timeframes and
benchmarks, including, but not limited to, accounting for
County funding monies in the Redevelopment Trust Fund,
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.
5.7.3 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 to
the First Amendment. 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 and
deposited in the Redevelopment Trust Fund.
5.7.4 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 Interlocal Agreement, as
amended. The City/CRA shall immediately commence
corrective action to the reasonable satisfaction of the
County. 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.
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6. Section 6 of the Dania Beach Interlocal Agreement is hereby amended and
supersedes Section 3.2 of the Agreement, as amended by paragraph 9 of the
First Amendment, 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
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.
7. 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 Second Amendment shall
be on the date it is fully executed by the parties.
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7.2 Joint Preparation: The preparation of this Second 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: The Interlocal Agreement, as amended, 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 Interlocal
Agreement, as amended, 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 Interlocal Agreement, as
amended.
7.4 Assignment: The respective obligations of the Parties set forth in
the Interlocal Agreement, as amended, 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 this Second
Amendment, 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 Interlocal
Agreement, and amendments thereto, with the Clerk of Broward
County, Florida, as required by Section 163.01(11), Florida
Statutes.
7.6 Contract Administrators: The Contract Administrators for this
Interlocal Agreement and amendments thereto 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 amended, 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,
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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 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 notice. Notice shall be effective upon
delivery as evidenced by a delivery receipt.
FOR COUNTY: County Administrator
Broward County Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FL 33301
With a copy to: Environmental Protection and Growth
Management Department
Room 329B, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FL 33301
FOR CITY: 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 33304
7.8. Governing Law and Venue: This Interlocal Agreement and
amendments thereto 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 Interlocal Agreement and amendments
thereto shall be litigated in the Seventeenth Judicial Circuit in and
for Broward County, Florida.
7.9 Severability: In the event a portion of this Interlocal Agreement and
amendments thereto is found by a court of competent jurisdiction to
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be invalid, the remaining provisions shall continue to be effective
unless the City and/or the CRA or the County elect to terminate this
Interlocal Agreement. An election to terminate this Interlocal
Agreement, as amended, based upon this provision shall be made
within seven (7) calendar days after the court's determination
becomes final. For the purposes for 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 transaction of services.
7.10 Amendments: Except as expressly authorized in this Interlocal
Agreement or amendments thereto, 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 Interlocal 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 Interlocal Agreement or
amendments thereto. Therefore, the Parties agree that there are
no third party beneficiaries to this Interlocal Agreement and that no
third party shall be entitled to assert a claim against either of them
based upon this Interlocal Agreement or amendments thereto. The
Parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this
Interlocal Agreement or amendments thereto.
7.12 Force Maieure: Unless otherwise governed by this Interlocal
Agreement or amendments thereto, or by federal or state law or
regulations, neither party shall be obligated to perform under this
Interlocal Agreement or amendments thereto, 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.
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7.13 Nondiscrimination: The decision of the Parties hereto regarding the
delivery of services under this Interlocal Agreement or amendments
thereto, shall be made without regard to or consideration of race,
age, religion, color, gender, sexual orientation (Broward County
Code, Chapter 16'/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 Interlocal
Agreement or amendments thereto, 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 Interlocal Agreement or
amendments thereto 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 16'/2) in performing any services
pursuant to this Interlocal Agreement or amendments thereto.
7.16 The Parties agree that an extraordinary majority vote (4/5) 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.
7.17 That in the event of any conflict or ambiguity by and between the
terms and provisions of this Second Amendment to the original
Interlocal Agreement and the original Interlocal Agreement or First
Amendment thereto, the terms and provisions of this Second
Amendment shall control to the extent of any such conflict or
ambiguity.
7.18 That the original Interlocal Agreement, as amended by the First and
Second Amendments thereto, executed by the Parties shall remain
in full force and effect except as specifically amended herein.
7.19 This Second Amendment may be executed in up to four (4)
counterparts, each of which shall be deemed to be an original.
7.20 The City and/or the CRA shall reasonably encourage the
participation of, and utilization of, small and minority businesses,
specifically, but not limited to, a financial advisor, bond counsel,
15
underwriters' counsel and underwriting services in the development
of the redevelopment projects of the City.
(Remainder of Pa-ge intentionally left blank)
16
IN WITNESS WHEREOF, the Parties hereto have made and executed this
SECOND AMENDMENT to the Interlocal Agreement on the respective dates under
each signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to
execute same by Board action on the day of 2009; and
the CITY OF DANIA BEACH, signing by and through its Mayor, duly authorized to
execute same and the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY,
signing by and through its Chair, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of the Board Mayor
of County Commissioners of
Broward County
day of 2009
Approved as to form by:
Office of County Attorney
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Facsimile: (954) 357-6968
By
Assistant County Attorney
day of 2009
17
SECOND 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
By
Louise Stilson, CMC, City Clerk Anne Castro, Vice- Mayor-Commissioner
11th day of February, 2009
Colin Donnelly Approved as to form:
Acting City Manager
��O�PppI FIRSTC'Ty By
Thomas I)Arlisb o,'City Attorney
11th day of February, 2009
18
SECOND AMENDMENT TO INTERLOCAL AGREEMENT AMONG BROWARD
COUNTY, CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY
COMMUNITY REDEVELOPMENT AGENCY
WITNESSES:
DANIA BEACH COMMUNITY
J REDEVELOPMENT AGENCY
Colin Donnelly
Acting City Manager
w- _::�" Anne Castro, Vice-Chairman
Louise VSti6o* CMC, City Clerk
�nO.s FIRSr 11th day of February, 2009
m�
Approved as to form:
By 1
) 2� , (��'
Thomas J. A)is_br`o,Vdq Attorney
11 th day of February, 2009
19