HomeMy WebLinkAboutR-2009-028 Third Amendment to CRA Interlocal Agreement RESOLUTION NO. 2009-028
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A THIRD 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 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 Third 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 Third 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repealed to the extent of such conflict.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
ATTEST:
.s Fiasr�r
LOUISE STILSON, CMC
CITY CLERK F
APPROVED AS TO FO AND CORREC
BY: r / �h
THO,AAS f A B
CITY ATTORNEY
2 RESOLUTION #2009-028
THIRD AMENDMENT TO DANIA BEACH INTERLOCAL AGREEMENT
This is the THIRD Amendment to the Dania Beach Interlocal Agreement ('THIRD
Amendment'), made this day of March, 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
Hall and the Library to be built pursuant to that certain Agreement between the County
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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 County, the City, and the CRA have negotiated the parameters
for such Parking Garage Funds funding and the terms and conditions thereof, and
executed the Second Amendment to Dania Beach Interlocal Agreement dated February
2009 (the "Second Amendment') to effectuate the same; 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, the City and the CRA have requested that the Parcel 109
Reimbursement 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 disbursed by the County under the conditions set forth herein; and
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, and as further amended by the Second Amendment is
hereby further amended and supplemented 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.
In addition to the provisions of the Second Amendment, the County
shall fund and pay to the CRA, from funds available through the
Redevelopment Capital Program, the negotiated sum of
$2,400,000.00, which is 13.1% above the appraisal submitted by
the CRA of $2,122,000.00 and less than the Application submitted
of $2,761,314.99, as the actual Parcel 109 Reimbursement.
Notwithstanding anything else contained herein, this amount shall
be made as a grant to the CRA, without any repayment obligation
to the RCP or the County if construction of a new mixed use
development commences within 24 months from the time that the
funds are deposited into the Redevelopment Trust Fund, which
funds will be deposited therein within five (5) business days of
receipt by the CRA. If construction does not commence within 24
months from the time that the funds are deposited into the
Redevelopment Trust Fund, the funds advanced for the Parcel 109
Reimbursement shall revert to the original loan to grant structure for
the following three years, as further described below.
The differential between the total of the Parcel 109 Reimbursement
and the Parking Garage Funds and $6,345,866.00 shall be
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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 In addition to the provisions of the Second Amendment, the County
funding will be exercised as to the Parcel 109 Reimbursement only
after submission by the City and/or CRA to the County of an
application therefore, including an implementation schedule and
critical path timeline.
4.3 Except as provided in the Second Amendment, this provision has
no application to the Parcel 109 Reimbursement.
4.4 In addition to the provisions of the Second Amendment, the County
funding of the Parcel 109 Reimbursement shall be made within
thirty (30) days of the execution of this Third Amendment by all
parties hereto.
4.5 In addition to the provisions of the Second Amendment, no
payments of interest or principal on the Parcel 109 Reimbursement
grant, if converted to a loan for failure to commence development
within 24 months as described in Section 4.1 above, shall be due
within the first five (5) years of the initial funding thereof (two (2)
years grant and three (3) years loan, interest-free).
4.6 Intentionally Omitted.
4.7 In addition to the provisions of the Second Amendment as
applicable to the Parking Garage Funds loan, and if not converted
to a grant pursuant to the provisions of Section 4.1 above, the
County shall provide a grant on the Parcel 109 Reimbursement up
to the amount thereof if both of the following conditions are met: 1)
all Parcel 109 improvements are completed within five (5) years
from the effective date of this Third Amendment, 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 as of February 21, 2006) is
expected to equal or exceed the amount of the original Parcel 109
Reimbursement paid by the County to the CRA.
4.7.1 If conditions 1) and 2) of Section 4.7 are met, the Parcel 109
Reimbursement 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
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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
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 rant( )
s at the time of the
grant(s)
completion of the private redevelopment project(s)
evidenced by the issuance of all applicable Certificates of
Occupancy.
4.8 In addition to the provisions of the Second Amendment, if the
provisions of Section 4.1 or conditions 1) and 2) of Section 4.7
herein are not met, the Parcel 109 Reimbursement loan 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 Unchanged from Second Amendment.
4.11 In addition to the provisions of the Second Amendment as
applicable to the Parking Garage Funds loan, 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:
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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%
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 as of the date of this Third Amendment. 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.
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4.12 The City and/or CRA agree that all expenditures of the funds
granted or 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 purposes of community redevelopment, in
accordance with those purposes provided in Section 163.387(6),
Florida Statutes.
5. Section 5 of the Dania Beach Interlocal Agreement, as created by paragraph 8 of
the First Amendment, and further amended by paragraph 5 of the Second
Amendment, shall remain unchanged and its provisions fully applicable to this
Third Amendment.
6. Section 6 of the Dania Beach Interlocal Agreement, as amended by paragraph 9
of the First Amendment and paragraph 6 of the Second Amendment, is further
amended and supplemented to provide as follows, as applicable to this Third
Amendment.
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 this
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 this Agreement shall
terminate effective on the sixtieth (60th) day following the
City's/CRA's receipt of the notice of default.
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6.3 In the event of termination based upon the occurrence of a default
under this 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, as
applicable to this Third Amendment, is hereby amended to read as follows:
7.0 MISCELLANEOUS
7.1 Effective Date: The effective date of this Third Amendment shall be
on the date it is fully executed by the parties.
7.2 Joint Preparation: The preparation of this Third Amendment has
o P P
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 Third
Amendment, by the governing body of the City/CRA and the
County and the execution thereof by the duly qualified and
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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,
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
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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
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.
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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.
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.
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7.17 That in the event of any conflict or ambiguity by and between the
terms and provisions of this Third Amendment to the original
Interlocal Agreement and the original Interlocal Agreement, First
Amendment or Second Amendment thereto, the terms and
provisions of this Third Amendment shall control to the extent of
any such conflict or ambiguity.
7.18 That the original Interlocal Agreement, as amended by the First
Amendment, Second Amendment and Third Amendment thereto,
executed by the Parties shall remain in full force and effect except
as specifically amended herein.
7.19 This Third 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,
underwriters' counsel and underwriting services in the development
of the redevelopment projects of the City.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
THIRD 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
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THIRD 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
Oz111h day of February, 2009
Colin Donn&Ky Approved as to form:
Acting City Manager ^
S FIRST Ory /
By
0�o i T mas J. s o, City Attorney
11`h day of February, 2009
15
THIRD AMENDMENT TO INTERLOCAL AGREEMENT AMONG BROWARD COUNTY,
CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT
AGENCY
COMMUNITY REDEVELOPMENT AGENCY
WITNESSES:
DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY
Colin Donnelly
Acting City Manager By Wow lv
Anne Castro, Vice Chairman
Louise Stilson, CMC, City Clerk
I FIRs), 11`h day of February, 2009
mQ
Approved as to form-
By 1 , \ . 141
Thbm96 J. An bro, Mty Attorney
11`h day of February, 2009
16