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HomeMy WebLinkAbout2009-03-11 CRA Board Regular Meeting Agenda Packet AGENDA COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING WEDNESDAY, MARCH 112009 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRRJM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. Call to Order/Roll Call 2. Approval of Minutes from February 4, 2009 3. Resolution#2009-CRA-003 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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 FLNDING OF INFRASTRUCTURE IMPROVEMENTS PROPOSED FOR THE DANIA BEACH CRA AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. Resolution#2009-CRA-004 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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. Dania Beach Community Redevelopment Agency Agenda—Wednesday,March 11, 2009 Page 2 of 2 5. Resolution#2009-CRA-005 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED COMMUNITY REDEVELOPMENT PLAN FOR THE EXPANDED COMMUNITY REDEVELOPMENT AREA OF THE CITY OF DANIA BEACH. 6. Contracts and Expenses 7. Adjournment MINUTES OF MEETING CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY WEDNESDAY, FEBRUARY 4, 2009 - 6:00 P.M. 1. Call to Order/Roll Call Chairman Jones called the meeting to order at 6:08 p.m. Present: Chairman: Albert Jones Vice-Chairman: Anne Castro Board Members: Bob Anton Patricia Flury Interim City Manager: Colin Donnelly City Attorney: Thomas Ansbro CRA Secretary: Louise Stilson CRA Director: Jeremy Earle CRA Attorney: Michael Moskowitz Absent: Board Member: John Bertino 2. Approval of Minutes Board Member Anton motioned to approve the minutes of January 7, 2009 and January 22, 2009; seconded by Vice-Chairman Castro. The motion carried on the following 4-0 Roll Call vote: Board Member Anton Yes Vice-Chairman Castro Yes Board Member Flury Yes Chairman Jones Yes 3. CRA Update Jeremy Earle, CRA Director, noted he met with Broward County staff last Friday, together with Vice-Chairman Castro, CRA Counsel Mike Moskowitz and Broward County Commissioner John Rodstrom, to negotiate the best possible deal for the$6.3M loan to grant funds. Michael Moskowitz, Special Counsel for the CRA, noted that last Friday's meeting with the County was critical. He advised that the items discussed at this meeting will be before the Broward County Commission on February 24, 2009. Attorney Moskowitz explained that the two projects identified for the SUM are the reimbursement for parcel 109 and the parking garage. He clarified that the parking garage is scheduled for approval on February 24, while the reimbursement for parcel 109 is scheduled for discussion. Attorney Moskowitz further indicated that we are proposing that the funds for parcel 109 be a grant to loan to grant, which is a deviation from standard County policy. He thought this proposal would greatly benefit the City, since it would give CRA Director Earle additional flexibility to obtain other grants by having grant funds available. Attorney Moskowitz noted that County Commissioner Rodstrom is very supportive, and that County staff understands what we are proposing. If the County approves the discussion item for the reimbursement for parcel 109, it would be on their agenda for approval the following week. He advised that the language in the resolutions to be approved tonight under Items #8 and #9 respectively, allows CRA Director Earle and the City Attorney to make minor changes to the Interlocal Agreement. Attorney Moskowitz further noted that if, after discussion with County staff tomorrow, significant changes need to be made to the resolutions, we would need to call a Special meeting of the CRA Board before the next Commission meeting to approve the revised resolutions. He confirmed for the record that Vice-Chairman Castro and Chairman Jones are assisting in bringing the rest of the County Commissioners on board. Items #8 and#9 were voted on at this time. 4. Parcel 109 Developer Presentation Director Earle introduced Hank Thomas, President of The Greenhill Development Company, Iraj Shojaie,Architect, and Sam Jazayri,developer. Hank Thomas, President, The Greenhill Development Company, provided a history of his education and work history. He also presented a PowerPoint overview of the proposed development of Parcel 109 which is attached to and incorporated into these minutes. Mr. Thomas stated he loves this business and is well experienced in every aspect of it. He further commented that his business partner, Sam Jazayri, has been very successful as a commercial developer. Mr. Thomas noted Dania Beach has the perfect location for development with its proximity to the airport and seaport. He remarked that one of the most important things to contribute to the success of this type of project is to have some common area space where people can congregate. Mr. Thomas noted that a successful completion of the project would take approximately 6-7 years, to be developed in three phases: Phase 1: A 3-level Parking garage to include 390-400 spaces; with potential for expansion as needed. He proposed an office building adjacent to the parking garage fronting on 191 Avenue, with retail on the first floor and offices above. Iraj Shojaie, Architect, noted that after visiting the site, he realized that it had more potential than he thought. He therefore developed the project for the entire site, including the existing City Hall, as described in Phase 2, as follows: Phase 2: A 3-story building to accommodate a new City Hall, with 36,000 square feet, hardened construction that would stand strong hurricanes and serve as an Emergency Operations Center. Minutes of Regular Meeting 2 City of Dania Beach Community Redevelopment Agency Wednesday,February 4,2009—6:00 p.m. Phase 3: A mixed use retail and residential project on Dania Beach Boulevard, with approximately 8,000 square feet of retail on the first floor and two floors of apartments above. Mr. Shojaie noted a proposed 12,000 square feet park would be located between City Hall and the apartments which could be used for various City functions. He further explained that the City Hall building would be facing east, with a fountain and boulevard linking to Federal Highway which would create a very nice environment. Director Earle indicated this project would spark redevelopment in the downtown area. He pointed out this would be a multi-year project. Vice-Chairman Castro noted she is very pleased with the project and thought it fit very well with our community. Board Member Flury noted she is very impressed with the proposal mainly because it reflects what our City would like to be. Board Member Anton concurred with the other members of the Board regarding the proposed project. He was glad to see the parking issue near the Library would be addressed, since we have a lot of older residents who have mobility problems. Chairman Jones stated he is excited with the project and thought the boulevard linking to Federal Highway was a great opportunity for people to walk in the downtown area. Director Earle thanked City staff for their assistance in expediting this process with the developer. 5. Adoption of Final Redevelopment Plan Director Earle noted this is the same Plan presented to the Board two weeks ago, with no major changes. This would become the guiding document for the CRA and any new Board Members. Vice-Chairman Castro motioned to adopt the Community Redevelopment Agency Redevelopment Plan; seconded by Board Member Flury. The motion carried on the following 4-0 Roll Call vote: Board Member Anton Yes Vice-Chairman Castro Yes Board Member Flury Yes Chairman Jones Yes 6. CPA Regulating Plan Presentation—The Mellgren Planning Group Director Earle advised that this Presentation represents some of the changes to the zoning discussed over the last few months. He noted these changes would not occur until the land use Minutes of Regular Meeting 3 City of Dania Beach Community Redevelopment Agency Wednesday,February 4,2009—6:00 p.nL changes are implemented. Director Earle thanked Corinne Lajoie, Principal City Planner, for her input and suggestions which made this plan better. Michele Mellgren, President, The Mellgren Planning Group introduced Swati Meshram, Associate Planner, and Jeff Katims, Senior Associate. Swati Meshram, AICP, Associate Planner, advised this Plan is the result of several community meetings and reflects the overall vision of the entire area. She noted some of the main features of the Regulating Plan are: the opportunity for additional parcels for marine businesses in the City; the TOD expansion west of the FEC Corridor; East Dania Beach Boulevard conversion to two different districts. Jeff Katims, AICP, Senior Associate, explained that most of the new zoning districts will occur once the Regional Activity Center(RAC) is established. He noted the RAC is a larger version of the City's Local Activity Center(LAC). Mr. Katims indicated the Plan would also include a new neighborhood mixed use zoning district which is a true Form Based Regulation. He noted that the revisions that they are proposing would substantially increase the predictability of the development that we want. They will make several recommendations such as re-tooling some of the incentives to make them more effective; reviewing the schedule of permitted uses; allowing business-type hotels on the South Federal Highway Corridor; and introducing live/work units. Mr. Katims indicated that this user friendly format would allow a Commissioner, a developer or a resident to see what parcel build-out looks like as opposed to having to read through pages of standards and exceptions. He advised that the final draft will be presented in March. Once the Commission approves the proposed standards, they will finalize the draft regulations and integrate it into the one Code. Mr. Katims advised that the integration of the Form Based Regulation will require revisions throughout the Code to make sure that it fits together. He noted that next March they will submit for consideration, a minor Code amendment for the TOD/TOC which would allow the Commission to approve site plans that are consistent with the Form Based Code standards, which will require fewer variance requests. Mr. Katims noted that once the RAC is established,the City would be able to implement the CRA concept plan in full. Corinne Lajoie, AICP, Principal City Planner, responded for Vice-Chairman Castro that the use of graphics as opposed to text would make it easier to understand what is allowed by Code. Chairman Jones noted that sometimes when projects come to us, we do not have the opportunity to discuss the economic benefits of it. He suggested having an Economic Director who could offer advice to the Board, and thought that CPA Director Earle could do it for no additional pay. Board Member Flury noted the Mayor's point is very well taken. She thought that every major project that is submitted to the Commission for consideration, whether it is within the CRA or not, should have that component. Board Member Flury felt that Director Earle was capable of doing this and that we did not need an extra person for the job. Interim City Manager Donnelly noted that in the private sector the developer knows the information and the economic impact it entails. He stated that we need to have the economic and social analysis of each project. Interim City Manager Donnelly clarified that the Form Based Minutes of Regular Meeting 4 City of Dania Beach Community Redevelopment Agency Wednesday,February 4,2009—6:00 p.m. Code discussed during The Mellgren Planning Group presentation was not part of their contract, therefore an amendment would need to come before the Commission for approval. Director Earle noted that the Finance Director would have to find the funding for the additional costs involved in the integration of the Form Based Regulation. Vice-Chairman Castro was not in favor of adding the additional title of Economic Director to Director Earle at this time. She thought the newly appointed City Manager should make the necessary recommendations. Addendum 7. CRA Executive Director Contract City Attorney Ansbro provided a summary of the proposed contract for the CRA Director. Board Member Flury agreed with all terms of the contract, except for the section referring to "consulting or business opportunities". She requested that a clause be added to the contract stating that in the event the CRA Director acts as a consultant for any other agency, this information should be disclosed to the Commission. Board Member Flury motioned to approve the CRA Executive Director Contract, with amendment; seconded by Vice-Chairman Castro. The motion carried on the following 4-0 Roll Call vote: Board Member Anton Yes Vice-Chairman Castro Yes Board Member Flury Yes Chairman Jones Yes Items #8 and#9 were voted on after Item #3. 8. RESOLUTION#2009-CRA-001 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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 CRA AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2009-CRA-001. Vice-Chairman Castro motioned to adopt Resolution #2009-CRA-001; seconded by Board Member Anton. The motion carried on the following 4-0 Roll Call vote: Board Member Anton Yes Vice-Chairman Castro Yes Minutes of Regular Meeting $ City of Dania Beach Community Redevelopment Agency Wednesday,February 4,2009—6:00 p.m RESOLUTION NO. 2009-CRA-003 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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 CRA AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY REDEVELOPMENT AGENCY: 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 CRA officials are authorized to execute it. Section 2. That the CRA Executive Director 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 CRA, as hereafter may be approved and made by the CRA Executive Director,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 CRA'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. Without limitation, this Resolution supersedes Resolution No. 2009-01 adopted on February 11,2009,as further negotiations between the City,the CRA and the County have resulted in certain changes to the form of Second Amendment to the Dania Beach Interlocal Agreement attached thereto. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on 2009. ALBERT C. JONES - CHAIRMAN COMMUNITY REDEVELOPMENT AGENCY ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J.ANSBRO CITY ATTORNEY 2 RESOLUTION#2009-CRA-003 i SECOND AMENDMENT TO DANIA BEACH INTERLOCAL AGREEMENT This is the Second Amendment to the Dania Beach Interocal Agreement("Second 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 bythe 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 forthe 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 3 RESOLUTION#2009-CRA-003 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 ratherthatthe 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 forfunding 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 and the City for Lease of Real Property for Public Library and Design and Construction of a Library Facility (the "Library 4 RESOLUTION#2009-CRA-003 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, provided such future amendments must be executed on or before February 21, 2011, 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 Interocal 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 Interocal 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: 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 5 RESOLUTION#2009-CRA-003 application(s) by the CRA to the County and future amendments resulting therefrom, provided such future amendments must be executed on or before February 21, 2011, 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, provided such future amendments must be executed on or before February 21, 2011,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, provided such future amendments must be executed on or before February 21, 2011. 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. 6 RESOLUTION#2009-CRA-003 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 bath 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 boundariesover20 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 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- 7 RESOLUTION#2009-CRA-003 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, provided such future amendments must be executed on or before February21, 2011, 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% Property Appreciation Rate: 4% Payback Term: 20 Years from the effective date of the 8 RESOLUTION#2009-CRA-003 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 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, is hereby amended and replaced to read as follows: 5.0 CITY/COUNTY COORDINATION 9 RESOLUTION#2009-CRA-003 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 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 10 RESOLUTION#2009-CRA-003 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 account/fund 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 31 st 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. 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, 11 RESOLUTION#2009-CRA-003 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. 12 RESOLUTION#2009-CRA-003 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. 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: 13 RESOLUTION#2009-CRA-003 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. 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. 14 RESOLUTION#2009-CRA-003 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 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. 15 RESOLUTION#2009-CRA-003 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. 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 16 RESOLUTION#2009-CRA-003 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'/z) 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, underwriters'counsel 17 RESOLUTION#2009-CRA-003 and underwriting services in the development of the redevelopment projects of the City. (Remainder of Page intentionally left blank) 18 RESOLUTION#2009-CRA-003 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 19 RESOLUTION#2009-CRA-003 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, City Clerk Albert C. Jones, Mayor-Commissioner day of 2009 Colin Donnelly Approved as to form: Acting City Manager By Thomas J. Ansbro, City Attorney day of 2009 20 RESOLUTION#2009-CRA-003 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 REDEVELOPMENT AGENCY Colin Donnelly, Acting City Manager By Albert C. Jones, Chairman Louise Stilson, City Clerk day of 2009 Approved as to form: By Thomas J. Ansbro, City Attorney day of 2009 21 RESOLUTION#2009-CRA-003 7 RESOLUTION NO. 2009-CRA-004 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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 OF DANIA BEACH,FLORIDA,COMMUNITY REDEVELOPMENT AGENCY: 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 CRA officials are authorized to execute it. Section 2. That the Loan Agreement and Promissory Note to be executed in connection with the funding contemplated by the Third Amendment to the Dania Beach Interlocal Agreement in substantial form as Exhibits`B"and"C",attached,are approved and the proper CRA officials are authorized to execute them. Section 3. That the CRA Executive Director 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 CRA, as hereafter may be approved and made by the CRA Executive Director,upon the advice of the City Attorney. The execution,attestation and delivery of the Third Amendment to the Dania Beach Interlocal Agreement, the Loan Agreement and the Promissory Note,all as described above,shall be conclusive evidence of the CRA's approval of any such determinations,changes, insertions, omissions or filling in of blanks. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Without limitation, this Resolution supersedes Resolution No. 2009-CRA-002 adopted on February 11, 2009, as further negotiations between the City, the CRA and the County have resulted in certain changes to the form of Third Amendment to the Dania Beach Interlocal Agreement attached thereto. Section 5. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on 2009. ALBERT C. JONES - CHAIRMAN COMMUNITY REDEVELOPMENT AGENCY ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J.ANSBRO CITY ATTORNEY 2 RESOLUTION#2009-CRA-004 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 tern 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 3 RESOLUTION#2009-CRA-004 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 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 4 RESOLUTION#2009-CRA-004 therefrom,provided such future amendments must be executed on or before February 21,2011,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 March.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 hnterlocal 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 WHEREAS, on February 24, 2009, before the Broward County Board of County Commissioners, the County, the City and the CRA agreed, subject to appropriate required further approval of their respective governing bodies, that the City/CRA would obtain County funding through the Broward County Redevelopment Capital Program for the reimbursement of the cost of acquisition of Parcel 109 in the agreed sum of$2,334,200.00 in the form of a loan to the City/CRA under the conditions set forth herein and further described in the Loan Agreement and Promissory Note executed contemporaneous herewith; 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 hnterlocal 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: 5 RESOLUTION#2009-CRA-004 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,provided such future amendments must be executed on or before February 21,2011, 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 hnterlocal 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, provided such future amendments must be executed on or before February 21,2011,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 agreed sum of$2,334,200.00,which is 10%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 loan convertible to a grant to the CRA under conditions set forth in Section 4.7 herein. 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,provided such future amendments must be executed on or before February 21, 2011. 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 CPA to the County of an application therefore,including an implementation schedule and critical path timeline. 6 RESOLUTION#2009-CRA-004 4.3 In addition to the provisions of the Second Amendment,the County will lend $2,334,200.00 for the Parcel 109 Reimbursement as more fully described in the application submitted therefore. 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 loan shall be due within the first five (5) years of the loan. 4.6 Intentionally Omitted. 4.7 In addition to the provisions of the Second Amendment as applicable to the Parking Garage Funds loan,the County loan shall be convertible to 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 dated 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 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 grant(s) 7 RESOLUTION#2009-CRA-004 at the time of the completion of the private redevelopment proj ect(s) evidenced by the issuance of all applicable Certificates of Occupancy. 4.8 In addition to the provisions of the Second Amendment,if 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 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 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,which must be executed on or before February 21, 2011, exceed $6,345,866. 4.10 In addition to the provisions of the Second Amendment,in no event shall the total grant(s) for the Parcel 109 Reimbursement exceed the total amount of the loan described in this Section 4. 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: 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. 8 RESOLUTION#2009-CRA-004 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 ihterest 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. 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 hnterlocal 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 9 RESOLUTION#2009-CRA-004 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 terns 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. 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 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 10 RESOLUTION#2009-CRA-004 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 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 hiterlocal 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 11 RESOLUTION#2009-CRA-004 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 be invalid,the remaining provisions shall continue to be effective unless the City and/or the CRA or the County elect to terminate this hnterlocal 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 hnterlocal Agreement and executed by the Parties. 12 RESOLUTION#2009-CRA-004 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 hnterlocal 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 Majeure: 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'/z) in performing any services pursuant to this Interlocal Agreement or amendments thereto. 13 RESOLUTION#2009-CRA-004 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 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 rage intentionally left blank) 14 RESOLUTION#2009-CRA-004 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 12009 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 12009 15 RESOLUTION#2009-CRA-004 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, City Clerk Albert C. Jones,Mayor-Commissioner day of 12009 Colin Donnelly Approved as to form: Acting City Manager By Thomas J. Ansbro, City Attorney day of 2009 16 RESOLUTION#2009-CRA-004 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 Albert C. Jones, Chairman Louise Stilson, City Clerk day of 2009 Approved as to form: By Thomas J. Ansbro, City Attorney day of 2009 17 RESOLUTION#2009-CRA-004 LOAN AGREEMENT THIS LOAN AGREEMENT is made and entered into as of the day of March,2009, by and between the City of Dania Beach,Florida,a municipal corporation under the laws of the State of Florida, whose post office address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33304, and the Dania Beach Community Redevelopment Agency, or its successor, a public body corporate and politic("Borrowers"),whose post office address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33304, and Broward County, Florida(the "Lender" or"County"), a political subdivision of the State of Florida, whose post office address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301. RECITALS A. Borrowers have submitted an application to obtain County funding through the Broward County Redevelopment Capital Program for the reimbursement of the costs of acquisition of the property commonly referred to as Parcel 109 and Lender has agreed to make a TWO MILLION, THREE HUNDRED, THIRTY-FOUR THOUSAND, TWO HUNDRED and NO/100 DOLLARS($2,334,200.00)loan("the Loan")to the Borrowers,which Loan shall be evidenced by a Promissory Note (the "Note") from Borrowers in favor of Lender. B. Lender is willing to provide such Loan to Borrowers upon the terms and subject to the conditions set forth in the Dania Beach Interlocal Agreement,as amended by the Third Amendment, which Third Amendment is attached hereto and made a part hereof as Exhibit "A", and the conditions hereinafter set forth. 18 RESOLUTION#2009-CRA-004 C. Lender is willing to provide such Loan to Borrowers upon the condition that the proceeds shall be used by Borrowers solely for the agreed to Parcel 109 Reimbursement and as further provided and defined in the Third Amendment. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth,the parties hereto do hereby agree as follows: 1. Recitals. The Recitals hereinabove contained are true and correct and are made a part hereof. 2. Loan. The Loan shall be evidenced by a Promissory Note (the"Note") in the form attached as Exhibit 'B". The Note shall be funded in one lump sum and shall evidence the Loan. The proceeds of the Loan shall be used by Borrowers solely for the purpose of the agreed to Parcel 109 Reimbursement. Lender shall provide the Loan on the agreed to Parcel 109 Reimbursement up to the amount thereof, as provided for in Exhibit "A". If both of the following conditions are met: 1)all Parcel 109 Improvements are completed within five (5) years from the effective date of the Third Amendment, and 2) the Borrowers demonstrate 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 (as defined in the Third Amendment)boundaries over twenty(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 Parcel 109 Reimbursement paid by the Lender to the Borrowers,the loan for the Parcel 109 Reimbursement shall convert to a grant through formal request by the Borrowers in accordance with the terms outlined in Exhibit "A" hereto. hi the event that environmental contamination of Parcel 109, the subject of the Loan, is found or suspected, the County will assume no liability, financial or otherwise,regarding the cleanup remediation. 19 RESOLUTION#2009-CRA-004 3. Principal/Interest on the Loan. No payments of interest on or principal of the Loan shall be due within the first five(5)years from the effective date of this Loan Agreement. In the event the Loan does not convert to a grant,because the conditions stated in Section 2 hereinabove have not been met, the Loan shall be repaid to the County Redevelopment Capital Program by the City/CRA over a fifteen(15)year period commencing at the end of the initial five(5)year interest- free period, with the interest rate at the Municipal Market Data MMD"A" revenue bond rate as in effect at the time repayment begins. In this case,the maturity date shall be twenty(20)years or less from the effective date of this Loan Agreement. In no event shall the term of the Loan exceed twenty (20) years: five (5)years interest free, and up to fifteen(15) years at the MMD "A" revenue bond rate. One payment of principal and interest shall be made on or before March 31 st of each year of the fifteen (15) year period, commencing March 31, 2015. An equal amount of principal,plus the interest accrued for the year,shall become payable on each March 31,commencing March 31,2015. 4. Defaults and Remedies. The occurrence of any one or more of the following events shall constitute an event of default: i. The proceeds of the Loan,in whole or any part thereof,are not used by Borrowers for the specific purpose stated herein and in accordance with the terms of Exhibit "A" hereto; ii. Any representation or warranty made by the Borrowers in connection with the making of the Loan by the Lender shall prove to be false or misleading in any material respect. iii. Failure to pay the amounts due under the Note, which failure shall continue for a period of ten (10)days after written notice thereof is provided to Borrowers. 20 RESOLUTION#2009-CRA-004 iv. Entry of a final judgment against Borrowers or their agents which materially adversely affects the financial condition of the Borrowers and remains unsatisfied after thirty(30) days of the same becoming final, or the institution of any litigation against Borrowers or their agents which contests the validity of the Third Amendment, this Loan Agreement or the Promissory Note that is not dismissed or otherwise resolved within ninety(90) days thereafter. 5. Remedies Upon Default. Should any one or more defaults occur or exist,Lender shall in addition to such rights available to Lender pursuant to the terms of Exhibit"A,"to wit: the Dania Beach Interlocal Agreement,as amended by Third Amendment to same,have the right to accelerate maturity of the entire principal balance due under the Note and shall have the right, upon ten (10) days written notice,to enforce collection of the entire indebtedness evidenced by the Note including interest,cost and fees by and through any of the remedies herein contained, or by and through any remedies afforded and permitted under the Note,the Uniform Commercial Code,or the laws of the State of Florida. Failure to declare a default, or a failure or withholding of any action to enforce collection of its obligation by virtue of such default,shall not constitute a waiver of any such event of default on the part of Lender. Any waiver by Lender of an event of default shall not be construed and shall not constitute a waiver of any other or subsequent event of default,it being understood that each event of default shall be and constitute a separate and independent event or act of default, for which Lender may accelerate the indebtedness of Borrowers and,at its election and option,proceed to enforce collection thereof. All remedies and enforcement rights of the Lender shall be cumulative,and may be pursued separately or together as against the Borrowers, and Lender may resort to any one or more of the 21 RESOLUTION#2009-CRA-004 remedies afforded under this Loan Agreement,the Note,the Uniform Commercial Code of Florida, or under the laws of Florida, neither to the exclusion of the other. 6. Agreement to Pay Attorneys'Fees and Expenses. In the event the Borrowers shall default under any of the provisions of this Loan Agreement and the Lender should employ attorneys or incur other expenses for the collection of the payments due under this Loan Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Borrowers herein contained, the Borrowers agree to pay to the Lender the reasonable fees and expenses of such attorneys and such other expenses so incurred by the Lender. 7. Miscellaneous. (a) Effective Date: -Effective date of this Loan Agreement shall mean the date upon which the last party to this Loan Agreement has executed same in accordance with the formalities imposed upon such entity required by Florida law. (b) Notices. Notices shall be given by each party at the addresses set forth below and shall be deemed to have been sufficiently given or served for all purposes of the same as follows: All notices required to be given by mail will be given by first class, registered or certified mail postage prepaid, return receipt requested, or by private courier service which provides evidence of delivery, or sent by facsimile which produces evidence of transmission, confirmed by first class mail, postage prepaid, and in each case shall be deemed to have been given on the date evidenced by the postal or courier receipt or other written evidence of delivery or electronic transmission,addressed in the manner aforesaid. Any party may,by providing notice in the manner set forth in this section,change its address for purposes of this section. FOR COUNTY: County Administrator 22 RESOLUTION#2009-CRA-004 Broward County Governmental Center 115 S.Andrews Avenue Fort Lauderdale, FL 33301 With a copy to: Environmental Protection and Growth Management Department Room 329B, Broward County 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: Executive Director Dania Beach Community Redevelopment Agency City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 (c) Severability. If any provision of this Loan Agreement shall be held or deemed to be, or shall in fact be,illegal,inoperative or unenforceable,the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatsoever. (d) Execution of Counterparts. This Loan Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Governing Law. This Loan Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Florida. The venue 23 RESOLUTION#2009-CRA-004 for any proceeding hereunder shall be accorded appropriate jurisdiction in Broward County, Florida. (f) This Loan Agreement shall be binding upon, and shall inure to the benefit of, the respective successors and assigns of the parties hereto. 8. Waiver Of Jury Trial Borrowers and Lender hereby knowingly,irrevocably,voluntarily and intentionally waive any right to a trial by jury in respect of any action, proceeding, defense or counterclaim based on this Loan Agreement, or arising out of, under or in connection with this Loan Agreement,the Note, or any other security document,or any course of conduct,course of dealing,statements(whether verbal or written)or actions of any party hereto or to any security document. This provision is a material inducement for Borrowers and Lender entering into the subject transaction. THIS SPACE INTENTIONALLY LEFT BLANK 24 RESOLUTION#2009-CRA-004 IN WITNESS WHEREOF,the Parties hereto have made and executed this Loan 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; the CITY OF DANIA BEACH, signing by and through its , duly authorized to execute same, and the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY,signing by and through its Chair, duly authorized to execute same. COUNTY LENDER ATTEST: BROWARD COUNTY,through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of the Mayor Board of County Commissioners of Broward County,Florida day of 20 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 Telecopier: (954) 357-6968 By Carl L. Kitchner Assistant County Attorney day of 20_ 25 RESOLUTION#2009-CRA-004 LOAN AGREEMENT AMONG BROWARD COUNTY,CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY CITY OF DANIA BEACH BORROWERS ATTEST: CITY OF DANIA BEACH, through its By City Clerk City Manager day of 20_ Approved as to form: By City Attorney day of , 20 26 RESOLUTION#2009-CRA-004 LOAN AGREEMENT AMONG BROWARD COUNTY,CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BORROWERS WITNESSES: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY By day of , 20 27 RESOLUTION#2009-CRA-004 U.S. $ 2,334,200.00 Fort Lauderdale, Florida March_, 2009 PROMISSORY NOTE FOR VALUE RECEIVED the undersigned, the CITY OF DANIA BEACH, FLORIDA, a municipal corporation under the laws of the State of Florida, and the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, or its successor, a public body corporate and politic ('BORROWERS"), promise to pay to the order of BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida(the"LENDER") located at Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, the principal sum of TWO MILLION, THREE HUNDRED and THIRTY-FOUR THOUSAND, TWO HUNDRED and NO/100 DOLLARS($2,334,200.00),(the"Principal")plus interest(the"Interest")on the Principal after the end of the initial five(5)year interest-free period as defined in Section two (2)below: So long as no default has occurred in the Note, Interest shall be payable at the Municipal Market Data MMD"A"revenue bond rate as in effect at the time repayment begins. Upon default in this Note, Interest shall be payable at the per annum rate of eighteen percent(18%). Interest shall accrue and be payable on an actual 360-day basis. 1) This Note evidences a Loan by LENDER to BORROWERS for the sole purpose of funding through the Broward County Redevelopment Capital Program for the reimbursement of the agreed to costs of acquisition of the property commonly referred to as Parcel 109. 2) This Note evidences a Loan by LENDER to BORROWERS upon the terms and subject to the terms and conditions set forth in the Dania Beach Interlocal Agreement,as amended by the Third Amendment,which Third Amendment is attached and made a part hereof as Exhibit"A"to 28 RESOLUTION#2009-CRA-004 the Loan Agreement accompanying this Note. 3) The outstanding principal of the Note shall be due and payable as follows: a) No payments of Interest or Principal of the Loan shall be due within the first five(5)years from the effective date of this Note. In the event that the Loan does not convert to a grant because the conditions stated in Section 2 of the Loan Agreement have not been met,the Loan shall be repaid to the LENDER by the BORROWERS over a fifteen(15)year period commencing at the end of the initial five (5) year interest free period, with the interest rate at the Municipal Market Data MMD"A"revenue bond rate as in effect at the time repayment begins. In this case,the maturity date shall be twenty(20)years or less from the effective date of this Promissory Note and the accompanying Loan Agreement. In no event,shall the term of the Loan exceed twenty(20) years; five(5)years interest free,and up to fifteen(15)years at the MMD"A" revenue bond rate. One payment of Principal and Interest shall be made on or before March 315` of each year of the fifteen (15)year period, commencing March 31,2015. An equal amount of Principal,plus the Interest accrued for the year, shall become payable on each March 31, commencing March 31, 2015. b) This Note may be prepaid in whole or in part without penalty. Any prepayment shall be accompanied by an amount equal to the Interest accrued thereon to the date of receipt of such prepayment in collected funds. 4) All payments hereunder shall be made to LENDER's office at: Broward County Environmental Protection and Growth Management Department, 115 South Andrews Avenue,Room 29 RESOLUTION#2009-CRA-004 329B, Fort Lauderdale, Florida, 33301, or such other place as LENDER may from time to time designate in writing. 5) This Note shall be in default if any payment of Principal or Interest due hereunder, and/or under the Loan Agreement, dated as of the date of this Note, from BORROWERS to LENDER,is not paid as and when due,or if any event of default occurs simultaneously,as such term is defined in the accompanying Loan Agreement being entered into contemporaneous herewith. Upon default in this Note, the LENDER, at its option, may declare the entire unpaid Principal balance of this Note,together with accrued Interest,to be immediately due and payable upon written demand. In addition to payments of Interest and Principal, if there is a default in this Note, the LENDER shall be entitled to recover from the BORROWER all of the LENDER's costs of collection, including the LENDER's attorneys' fees and expenses(whether for services incurred in collection, litigation, or otherwise), and all other costs incurred in connection therewith. 6. BORROWERS severally, irrevocably and unconditionally agree: (a) that any suit,action or other legal proceeding arising out of or relating to this Note may be brought at the option of the LENDER,in a court of record of the State of Florida in Broward County or in any other court of competent jurisdiction; and (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the loss of revenue of any such suit, action or proceeding in any such courts. 7. All remedies and enforcement rights of the LENDER shall be cumulative,and maybe pursued separately or together as against the BORROWERS and LENDER may resort to any one or 30 RESOLUTION#2009-CRA-004 more of the remedies afforded under this Note or Loan Agreement,the Uniform Commercial Code of Florida, or under the laws of Florida, neither to the exclusion of the others. 8. BORROWERS AND LENDER HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING, DEFENSE OR COUNTERCLAIM BASED ON THE NOTE OR ACCOMPANYING LOAN AGREEMENT,OR ARISING OUT OF,UNDER OR IN CONNECTION WITH THE LOAN AGREEMENT, THIS NOTE, OR ANY OTHER SECURITY DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO OR TO ANY SECURITY DOCUMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BORROWERS AND LENDER ENTERING INTO THE SUBJECT TRANSACTION. THIS SPACE INTENTIONALLY LEFT BLANK 31 RESOLUTION#2009-CRA-004 IN WITNESS WHEREOF, BORROWERS, CITY OF DANIA BEACH, FLORIDA, and DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, have executed this Note. BORROWERS WITNESSES: CITY OF DANIA BEACH,FLORIDA Print Name: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of 20_,by as ,who is personally known to me or who has produced as identification. Print Name: Notary Public, State of Florida at Large Commission No. My Commission Expires: 32 RESOLUTION#2009-CRA-004 BORROWERS WITNESSES: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY Print Name: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 20_,by as ,who is personally known to me or who has produced as identification. Print Name: Notary Public, State of Florida at Large Commission No. My Commission Expires: 33 RESOLUTION#2009-CRA-004 zvgur RESOLUTION NO. 2009-CRA-005 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY APPROVING AN AMENDED COMMUNITY REDEVELOPMENT PLAN FOR THE EXPANDED COMMUNITY REDEVELOPMENT AREA OF THE CITY OF DANIA BEACH. WHEREAS, the City Commission of the City of Dania Beach, Florida made certain findings and declarations as set forth in Resolution No. 2008-185, adopted October 14, 2008, the "Resolution of Necessity", as required by Chapter 163, Florida Statutes, regarding the expansion of the Dania Beach Community Redevelopment Area; and WHEREAS, the City Commission of the City of Dania Beach, Florida established by the adoption of Ordinance No. 2002-163 (adopted on September 24, 2002), a Community Redevelopment Plan, and by Resolution No. 2008-185 adopted findings of necessity and intended that the Community Redevelopment Plan be prepared to include the Expanded Community Redevelopment Area; and WHEREAS, the City of Dania Beach Community Redevelopment Agency has caused to be prepared an amendment to the Community Redevelopment Plan to include the Expanded Community Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the City of Dania Beach, Florida, Community Redevelopment Agency finds that the Community Redevelopment Plan, as amended, provides for the following: a. A feasible method for the location of families who will be displaced from the Community Redevelopment Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Community Redevelopment Plan conforms to the applicable Comprehensive Plan; C. The Community Redevelopment Plan gives due consideration to the use of community policing innovations and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the Community Redevelopment Area; and d. The Community Redevelopment Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation and redevelopment of the Community Redevelopment Area by private enterprise; and e. The Community Redevelopment Plan and resulting revitalization and redevelopment for portions of the nearby coastal areas that may be deteriorating and economically distressed will reduce or maintain evacuation time, as appropriate, and ensure protection for property against exposure to natural disasters. Section 2. That the City of Dania Beach, Florida, Community Redevelopment Agency hereby approves the Community Redevelopment Plan, as amended, and attached hereto as Exhibit"A". PASSED AND ADOPTED on 2009. ATTEST: ALBERTJONES - CHAIRMAN COMMUNITY REDEVELOPMENT LOUISE STILSON, CMC AGEMCY CRA SECRETARY APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2009-CRA-005 Memo To: CRA Board From: Jeremy Earle, Executive Director CC: Patty Varney, Finance Director Date: 219/09 Re: CRA Contracts and Expenses Greetings Community Redevelopment Agency Board members, As you know, 2009 will be an important year for us as we implement the redevelopment plan which you have adopted. This year we will be working hard to construct a parking garage on Parcel 109 as well as an office/retail complex. In addition as discussed in previous meetings we are taking the steps necessary to be able to offer New Market Tax Credits to developers and business owners as an additional incentive for them to come and set up shop in our city. Lastly we will be aggressively going after every possible grant that we can so that we can redevelop our downtown areas as well as the adjacent neighborhoods within the CRA. To that end there are three proposals before you: 1 A proposal from MetroStrategies Inc, to help us with the negotiations for parcel 109 as well as continuing to work with us from a CRA governance point of view. Kim Briesemeister has been invaluable to the CRA over the past few months and her expertise in setting up countless public/private deals is necessary to ensuring that we make the best arrangements possible for the City of Dania Beach-Contract amount$15,000. 2 A proposal from Carras Community Investment Inc. for grant writing services. Jim and his team St nd will write three (3)grants which have a deadline of April 1 and 2 respectively. They will also help us with additional grant writing over the next year and help us out with other projects and services on an as needed basis. Attached to his proposal is preliminary list of grants that we can go for this year-Initial amount$6,100. 3 Expenses for The Mellgren Planning Group to print 15-25 books each of the Redevelopment Plan (big binders) and the Findings of Necessity (document) which have to be transmitted to Broward County for approval of the expansion of our CRA Boundaries This cost also includes expenses related to printing the draft and final copies of the Redevelopment Plan for the City of Dania Beach. Approximate Cost$4000 4 A proposal from Carras Community Investment Inc. to help us partner with the Lauderhill CRA and Oakland Park CRA in order to apply directly for New Market Tax Credits. As Jim explained to you at an earlier meeting we stand a much better chance if we team with another City/CRA to get the credits that we need in order to encourage redevelopment. Lauderhill and Oakland Park have agreed to add us to their application. We will be applying for$100 million dollars in tax credits. Contract amount $15,000- 20,000. As of today I have $10,219.03 in my professional services budget and will therefore have to transfer funds from the contractual services account to cover numbers 1, 2 and 3 above. Item 4 above will require me to come back to the board for an additional allocation of funds. Thanks again for your continued support, Jeremy Earle, ASLA,AICP ImetroStrategies, Inc. Public/Private Consulting and Development February 9, 2009 LETTER OF AGREEMENT Mr. Jeremy Earle, Executive Director Dania Beach Community Redevelopment Agency 100 West Dania Beach Boulevard Dania Beach, Florida Contact: (954) 924-6800 x3732 AND MetroStrategies, Inc. ("Consultant') Kim Briesemeister, President 2436 North Federal Highway#325 Lighthouse Point, Florida 33064 Contact: (954) 829-3508 Dear Mr. Earle, MetroStrategies, Inc. ("Consultant") is pleased to provide this Letter of Agreement for work related to consulting services for the City of Dania Beach Community Redevelopment Agency (CRA). All services shall be preformed as per this agreement and are subject to the terms and conditions herein. Please review the proposed scope of services for content and compliance with your stated objectives; if you find these terms acceptable, please sign where indicated below and return one signed original to MetroStrategies, Inc. for our files. Please call me if you have any questions. SCOPE OF SERVICES 1.0 Developer Agreement Negotiation Consultant will attend meetings and assist Client in all aspects of negotiation of a development agreement in relation to Parcel 109. Consultant will provide Client with copies of related documents including development agreements and term sheets on similar type projects as reference material. Consultant will attend meetings with CRA board members or others as needed to discuss the business terms within the development agreement. 2436 North Federal Highway#325, Lighthouse Point, Florida 33064 Phone: 954.829.3508 Fax: 954.783.4484 ImetroStrategies, Inc. Public/Private Consulting and Development Page 2:Letter of Agreement;Dania Beach CRA 2.0 CRA Governance and Operation Consultant will assist Client on an as needed basis with general CRA governance and operations. Consultant will provide advisory services to Client on issues related to the operation and organization of the Agency and will guide Client through the redevelopment process on an as needed basis. 3.0 CRA Governing Document Consultant will assist Client in reviewing governing documents and materials related to the operation of the Agency on an as needed basis. 4.0 General Consulting Services Consultant will provide Client with materials related to programs, projects, incentive types and options, development scenarios, and any other aspect of anticipated redevelopment assistance and guidance on an as needed basis as requested by the Client from time to time. Consultant will provide guidance to Client on redevelopment initiatives related to but not limited to housing, commercial and retail development, marketing, public relations and other areas of interest. 5.0 Compensation 5.1 The fee for services shall be a lump sum fee of fifteen thousand dollars ($15,000) including direct expenses. This fee includes all telephone and a mail correspondence. 6.0 Schedule 6.1 This Service Contract extends from the February 2009 to May 31, 2009. We look forward to working with you on this project. Please call me if you have additional questions. AGREED TO AND ACCEPTED BY: CRA Chairman CRA Vice Chairman MetroStrategies, Inc. By: Kim Briesemeister It's President Date: February 9. 2009 2436 North Federal Highway#325, Lighthouse Point, Florida 33064 Phone: 954.829.3508 Fax: 954.783.4484 CARRAS COMMUNITY INVESTMENT, INC. DEVELOPMENT FINANCE COUNSEL NEW RIVER TRADING POST 330 SOUTHWEST SECOND STREET SUITE 214 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE: 954,415,2022 Jades Callas carrasftellsouth.net March 3,2009 Mr. Jeremy Earle,ASLA,AICP Executive Director Dania Beach Community Redevelopment Agency 100.West Dania Beach Blvd Dania Beach,Florida,33004 Dear Jeremy: I am pleased to provide you with this proposal and letter of agreement for providing grant identification, preparation and related advisory services. As you know, there are many opportunities that will enhance the CRA's agenda and help you meet your goals. Our grant writer, proposal fundraising and related services can help increase the overall funding for the CRA. We have skills and insight into the proposal development process that will be valuable to your over leveraging and fundraising. We have identified three grant opportunities that are due this month(April 1): Waterway Assistance Program The Waterway Assistance Program provides funding for planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. Among the eligible uses are dredging and navigation activities as well as acquisition and development of piers, parks, boardwalks, ramps, and launching facilities. A minimum of 50% match is required. Projects will be ranked in June and funding will be dispersed after October 1st. DUE: April 1,2009 @ 4:30pm Cooperative Assistance Program The Waterway Assistance Program provides funding for planning,acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. Among the eligible uses are dredging and navigation activities as well as acquisition and development of piers, parks, boardwalks, ramps, and launching facilities. A minimum of 50% match is required. Projects will be ranked in June and funding will be dispersed after October 1st. DUE: April 1,2009 @ 4:30pm Florida Boating Improvement Program The Florida Boating Improvement Program provides funding through competitive grants for boating access projects and other boating-related activities on coastal and/or inland waters of Florida. Among other uses, the funds can be used to promote economic development initiatives that promote boating, including costs associated with research, studies, or planning to determine additional boating access or improvements. There is no match requirement or limit in funding,however, smaller projects (less than $400,000) that leverage cash and in kind sources are scored more favorably. DUE: April 2,2009 We will complete all research,writing and final preparation of these grant proposals and ensure that all necessary documentation from the CRA and City is included. In addition, the attachment to this proposal list is a working, partial list of additional grants that are available this year (subject to funding) that we will work on based on your approval to proceed. Costs We recommend a cost efficient, ongoing arrangement that will manage CRA resources for maximizing the number of grants and resources to be leveraged. Carras Community Investment,Inc. will bill for grant-writing services at the following rates: • James Carras,Principal,$185.00 an hour • Mandy Spangler, Senior Associate,$100.00 an hour • Rebecca Walter,Associate,$85.00 an hour • Research Assistant, $50.00 an hour We will bill you for each grant writing opportunity based on your approval to proceed and will establish a not to exceed cost for each grant. We will provide you with the number of hours and the applicable rate to each grant for your approval and only bill you the actual number of hours provided to complete each grant proposal. For the three grants that are due in early April, we anticipate a total number of hours to complete these grants to be approximately 40 hours,Senior Associate, 10 hours Principal and 5 hours, Research Assistant for a not to exceed amount of$6,100.00. This ongoing,case by case, arrangement will be for the calendar year 2009. We will bill you on a monthly basis. We are ready to assist you in preparing these grants. Thank you for the opportunity to work with you again and look forward to a successful engagement. Attachment: Excel document: 2009 Grant schedule Approved By: Approved By: James Carras,Principal Jeremy Earle,ASLA,AICP Carras Community Investment Inc. Executive Director,Dania Beach CRA Signature Date Signature Date Approved By: Chair/Vice Chair Dania Beach CRA Print Signature Date u E m E b `I? `o b olD V t u m C6 2 ` �L a M L c c E a 3 f $ O NO r ° G z ° ° 2 t a _^ ° y E u n ,y A a K. ° w A - F El t g th to c E ' ;r1 m A E a_ E yg E9 }°_! o oa°' m V q u g E i g o `un °oi'_ n a a E'4 = o `n C a v u o P S r r m a u oW z n i y w g E Qf N r _ O .n x ° 8 z E z L V � E o ° c y D y L u d o B. y� n a 3 ' a d a u r c E c E E E uni E E E E g' E E `; E m w y o a c O n u u u u u o o n 12 P a Izs; 80 00 o u Ei 9 tg o o r n E $ :.�.u. E g q E a i E a ° a E - .emu. E ' E ' =' r a E 2 Y c m m .c°. E 'S n c `nE - c 'a ' = n ' n $ E ;eq s 8E 8 s' � LL $ rp or er8 a $Q� 9 9 C SF C Q C O C 9 W J o ¢ S s u a s S R G i m O w 1= 4 J 2 m O V 9 ) W - Q W g uY m .. f a` '. n S n E9 8 o. c o m v_ s8 a' 3 oo s0 s8 s V S F m` 6 m m CARRAS COMMUNITY INVESTMENT, INC. 330 Southwest Second Street Suite 214 Fort Lauderdale,Florida 33312 954.415.2022 carrasCa)bellsouth.net March 3, 2009 Mr. Jeremy Earle City of Dania Beach Community Redevelopment Agency Dania Beach,Florida Dear Jeremy: I am pleased to provide you with this proposal and update on the Federal New Markets Tax Credits program and a Broward initiative to secure these credits for local investment. As we have discussed, Carras Community Investment, hic.represents the Broward New Markets,LLC,a U.S. Treasury certified Community Development Entity (CDE). The partners in this corporation are the City of Lauderhill Community Redevelopment Agency, Amera Broward Central, LLC and Southeastern Properties, hic. Broward New Markets, LLC is seeking to expand its target market for this year's application to other redevelopment areas in Broward County and thus seek your support and participation. The New Markets Tax Credits program is a federal initiative to provide capital to economically distressed communities and is administered by the U.S. Treasury Department. Over $18 billion in credits have been allocated since 2001 and $5.0 billion is being offered in this current round with applications due on April 6". The tax credits allocated to CDEs that apply are then sold to investors and the resulting capital is loaned or invested at reduced rates to real estate projects and businesses. The application process is highly competitive and Broward New Markets, LLC applied last year. We weren't successful due to the need for a larger target market and enhanced management team. By preparing a multi-CRA target area application we will be able to address the former issue and are in the final stages of secruing the services of an experienced New Markets Tax Credit management firm. Dania Beach CRA has formed a CDE and is applying for certification to the U.S. Treasury Department New Markets Tax Credits. Your newly formed CDE can be a sub-allocatee to the Broward New Markets, LLC application once the certification application is approved. Eligible projects such as the proposed Parcel 109 projects would benefit from an accessible and available source of capital that focuses on projects in redevelopment areas at a reduced rate. To participate in this application initiative, the following will be required from the Dania Beach CRA: 1. Become a member of the Broward New Markets, LLC. The cost to do so will be finalized prior to submission of the application for funding and is projected to be in the $15,000 to $20,000 range. 2. Prepare and provide a pipeline of real estate projects and or expanding businesses that would be eligible for financing upon successful award of New Markets Tax Credits to Broward New Markets, LLC with the next 12 to 36 months. Typical loans and/or investments are in the $5 million to $15 million range. 3. Agree to serve on the governing body of Broward New Markets LLC and oversee the application process, provide advice on Dania Beach market issues and approve operating procedures and future strategic direction. I look forward to further discussing this opportunity with you and presenting it to the CRA Board for approval. Sincerely, James Carras Board Member Flury Yes Chairman Jones Yes 9. RESOLUTION#2009-CRA-002 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE PROPER COMMUNITY REDEVELOPMENT AGENCY 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. City Attorney Ansbro read the title of Resolution#2009-CRA-002. Vice-Chairman Castro motioned to adopt Resolution #2009-CRA-002; seconded by Board Member Anton. The motion carried on the following 4-0 Roll Call vote: Board Member Anton Yes Vice-Chairman Castro Yes Board Member Flury Yes Chairman Jones Yes Board Member Anton was pleased to report that the City of Hollywood has identified some funding which would allow them to join our City in our efforts to fight the Airport expansion. 10. Adjournment Chairman Jones adjourned the meeting at 7:34 p.m. ATTEST: COMMUNITY REDEVELOPMENT AGENCY LOUISE STILSON, CMC ALBERT C. JONES CRA SECRETARY CHAIRMAN—CRA Minutes of Regular Meeting 6 City of Dania Beach Community Redevelopment Agency Wednesday,February 4,2009—6:00 p.m