HomeMy WebLinkAboutR-2009-035 Revised Second Amendment to ILA RESOLUTION NO. 2009-035
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO
THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF
DANIA BEACH, THE COMMUNITY REDEVELOPMENT AGENCY AND
BROWARD COUNTY, PERTAINING TO COUNTY FUNDING OF
INFRASTRUCTURE IMPROVEMENTS PROPOSED FOR THE DANIA BEACH
CRA AREA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the Second Amendment to the Dania Beach Interlocal Agreement
existing between the City of Dania Beach, the City of Dania Beach Community Redevelopment
Agency(CRA)and Broward County,pertaining to County funding of infrastructure improvements
proposed for the Dania Beach Community Redevelopment Agency area, in substantial form as
Exhibit"A", attached, is approved and the proper City officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make such
changes, insertions and omissions and such filling in of blanks as are deemed necessary and proper
for the best interests of the City,as hereafter may be approved and made by the City Manager,upon
the advice of the City Attorney. The execution,attestation and delivery of the Second Amendment
to the Dania Beach Interlocal Agreement, as described above, shall be conclusive evidence of the
City's approval of any such determinations, changes, insertions, omissions or filling in of blanks.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict. Without limitation, this Resolution supersedes Resolution
No. 2009-027 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 its
passage and adoption.
PASSED AND ADOPTED on March 11, 2009.
ALBERT C. JONES
MAYOR-COMMISSIONER
ATTEST:'
LOUISE STILSON, CMC
CITY CLERK m
APPROVED AS T O AND CORRECTNESS ~
BY:
TH611ASJ ANSBRO
CITY ATTORNEY
2 RESOLUTION#2009-035
SECOND AMENDMENT TO DANIA BEACH INTERLOCAL AGREEMENT
This is the Second Amendment to the Dania Beach Interlocal 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 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
3 RESOLUTION 92009-035
the Modello Project, which is included, (the "Additional Properties") as shown in the map
attached as Exhibit "A" to the First Amendment (as hereinafter defined), and further,
approved a Redevelopment Plan for the Additional Properties; and
WHEREAS, in the First Amendment, the County, the City, and the CRA
acknowledged and agreed that the Additional Properties were not included in the Dania
Beach Community Redevelopment Area, established pursuant to Chapter 163, Part III,
Florida Statutes (the"Act'), but rather that the combined Community Redevelopment Area,
as defined in the Dania Beach Interlocal Agreement, and the Additional Properties should
be distinguished from the Community Redevelopment Area and should be known as the
"Dania Beach RCP Redevelopment Area"; and
WHEREAS, the City and/or the CRA submitted an Application pursuant to the
requirements of the Redevelopment Capital Program; and
WHEREAS, the County reviewed the Application based upon the established criteria
of the Redevelopment Capital Program and determined that eligible projects existed within
the parameters of the Redevelopment Capital Program, as set forth in Section 1.6 of the
Interlocal Agreement, and based upon the successful negotiations by and between the
City, the CRA and the County pertaining to same, the County, the City, and the CRA
thereafter entered into the First Amendment to the Dania Beach Interlocal Agreement
("First Amendment'), dated February 21, 2006, pursuant to which the County agreed to
fund, subject to the terms and conditions thereof, certain infrastructure improvements as
described in Exhibit "B" to the First Amendment within the Dania Beach RCP
Redevelopment Area up to the total amount of Six Million Three Hundred Forty-Five
Thousand Eight Hundred Sixty-Six Dollars ($6,345,866.00) from the Redevelopment
Capital Program; and
WHEREAS, the City and/or the CRA thereafter proceeded to complete the
infrastructure improvements identified in Exhibit "B" to the First Amendment, utilizing its
own funds and State Revolving Fund ("SRF") loans, due to the volatility of the interest rate
market and other economic factors affecting the City and CRA, and did not utilize any of
the $6,345,866.00 from the Redevelopment Capital Program committed under the First
Amendment; and
WHEREAS, the City and the CRA have now identified additional projects or
improvements to replace those identified in Exhibit"B"to the First Amendment, and wish to
utilize the funds committed under the First Amendment for such purposes; and
WHEREAS, the City and the CRA have submitted an Application for funding through
the Redevelopment Capital Program for the reimbursement of the costs of acquisition of
the property commonly referred to as Parcel 109 in the amount of $2,761,314.99 (the
"Parcel 109 Reimbursement'), and an additional Application for funds to design, develop
and construct a parking structure or garage adjacent to City Hall and the Library to be built
pursuant to that certain Agreement between the County and the City for Lease of Real
Property for Public Library and Design and Construction of a Library Facility (the "Library
4 RESOLUTION 92009-035
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,r shall not exceed the sum of
$6,345,866.00 contemplated by the First Amendment; and
WHEREAS, the City and the CRA have requested that the Parking Garage Funds
be paid subject to the conditions set forth herein to the CRA for deposit into the Dania
Beach CRA Community Redevelopment Trust Fund (`Redevelopment Trust Fund") created
and established pursuant to the Act, the Interlocal Agreement and City Ordinance No.
2006-017 to be expended solely for the purposes set forth herein; and
WHEREAS, the Parking Garage and Parcel 109 are wholly contained within the
boundaries of the CRA; the Additional Properties, as shown in Exhibit "A" to the First
Amendment, and collectively known with the Dania Beach Community Redevelopment
Area as the Dania Beach RCP Redevelopment Area, shall be distinguished from the
Dania Beach Community Redevelopment Area, and are no longer part of the
redevelopment area, and are not subject to the RCP request for funding herein; and
WHEREAS, after further discussion and negotiation, the County, the City and the
CRA expect to soon consider a contemplated Third Amendment to Dania Beach Interlocal
Agreement ("Third Amendment') addressing the Parcel 109 Reimbursement, and the
terms and conditions thereof;
WITNESSETH, that for and in consideration of the mutual covenants and
agreements contained herein, the County, the City and the CRA agree as follows:
1. The truth and accuracy of each "WHEREAS" clause set forth above is
acknowledged by the parties and the recitals contained are incorporated herein.
2. Section 1.4 of the Dania Beach Interlocal Agreement is hereby amended to read as
follows:
1.4 The City, either directly or through the CRA, has established and will
maintain the Redevelopment Trust Fund as required by applicable law. The
City, either directly or through the CRA, must maintain a separate accounting
for monies received from the County pursuant to the terms of the Dania
Beach Interlocal Agreement, as amended.
3. Section 1.8 of the Dania Beach Interlocal Agreement is hereby amended to read as
follows:
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#2009-035
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#2009-035
4.3 The County will lend the actual cost, not to exceed $3,100,000.00, for
no less than 125 spaces nor more than 175 spaces, of all spaces in
the Parking Garage in excess of 250 spaces, at a projected cost of
$22,463.77 per space, as more fully provided in the Application
submitted therefore.
4.4 The County loan(s)of the Parking Garage Funds shall be made when
sufficient documentation (e.g. permits and contracts) that evidences
when the Parking Garage construction will commence is submitted
and reviewed in final by the County for sufficiency and completeness,
and a mutually acceptable loan agreement executed.
4.5 No payments of interest or principal on the Parking Garage Funds
loan shall be due within the first five (5) years of the loan(s).
4.6 Intentionally Omitted.
4.7 The County shall provide a grant on the Parking Garage Funds loan
up to the amount of the original Parking Garage Funds loan(s) if both
of the following conditions are met: 1) all Parking Garage
improvements are completed within five (5) years from the effective
date of this Second Amendment or such lesser timeframe, if any,
provided in the Library Agreement, and 2)the City/CRA demonstrates
that the County's share of the revenue generated by the net increase
in the tax base due to specific private redevelopment projects within
the Dania Beach RCP Redevelopment Area boundaries over 20 years
(measured from the effective date of the First Amendment dated
February 21, 2006) is expected to equal or exceed the amount of the
original Parking Garage Funds loan(s).
4.7.1 If conditions 1) and 2) of Section 4.7 are met, the Parking
Garage Funds loan(s) shall convert to a grant(s), through
formal request by the City/CRA, as follows: 1) one-third of the
amount of the loan(s) or one-third of the County's share of the
revenue generated by the expected net increase in the tax
base due to specific private redevelopment project(s),
whichever is less, will convert to a grant(s) at the time of the
approval of the requisite permitting for the private
redevelopment project(s), and appropriate documentation of
completion of the Parking Garage; 2)an additional one-third of
the amount of the loan(s) or one-third of the County's share of
the revenue generated by the expected net increase in the tax
base due to specific private 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 42009-035
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)
P P P P 1 O
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
February 21, 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 #2009-035
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 #2009-035
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 42009-035
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 31st 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,
I I RESOLUTION 42009-035
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#2009-035
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 #2009-035
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 #2009-035
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
u ty 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#2009-035
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 federal or state law or
9 Y
regulations, neither parry 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 Ma'eure. Either a desiring to rely upon such a
1 party 9 Y P
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 42009-035
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'/:), 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'/s) 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 #2009-035
and underwriting services in the development of the redevelopment
projects of the City.
(Remainder of Page intentionally left blank)
18 RESOLUTION 92009-035
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 42009-035
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#2009-035
SECOND AMENDMENT TO INTERLOCAL AGREEMENTAMONG 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 12009
21 RESOLUTION #2009-035