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HomeMy WebLinkAbout2004-04-13 Special Meeting - CRA Board Agenda PacketAGENDA DANIA BEACH CITY COMMISSION COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE BOARD SPECIAL MEETING APRIL 13, 2004 6:45 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 MIRIAM NASSER, ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924-3624, AT LEAST 48 HOURS PRIOR TO MEETING. 1. Call to order 2. Roll Call: 3. Approval of Interlocal Agreement - 3.1 A RESOLUTION OF THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE PROPER AGENCY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN BROWARD COUNTY, THE CITY OF DANIA BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR RESPONSIBILITIES WITH RESPECT TO THE IMPLEMENTATION OF THE REDEVELOPMENT CAPITAL PROGRAM FOR THE CITY OF DANIA BEACH REDEVELOPMENT AREA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. Adjournment. AGENDA —CRA BOARD 1 APRIL 13, 2004 SPECIAL MEETING AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: APRIL 13, 2004 2. DESCRIPTION OF AGENDA ITEM: CONSENT — APPROVAL OF 1NTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, CITY OF DANIA BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY 3. ACTION BEING REQUESTED: APPROVAL OF RESOLUTION AND INTERLOCAL AGREEMENT ATTACHED AS EXHIBIT `A' BY THE COMMUNITY REDEVELOPMENT AGENCY. 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Interlocal Agreement Staff report 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date April 1, 2004 Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: April 13, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �. Community Development Department SiTEkJECT: Community Redevelopment Agency Interlocal Agreement (CRA Board Approval) The attached CRA interlocal agreement must be approved by the City Commission, the City CRA Board, and the Broward County Commission to grant the City CRA related powers pursuant to Florida Statues. The interlocal was prepared by the County Attorney's office and reviewed and edited by the City Attorney and staff. The only unresolved issue is underlined language (suggested by the County Attorney) in Paragraph 2.1 on Page 6. Staff has requested the City Attorney to review this language prior to the April 13, 2004 meeting. The interlocal agreement should be approved by the CRA (at 6:45 pm) and the City Commission (at 7:00 pm or later). Once approved by the City Commission and the CRA, it will be scheduled for County Commission approval, most likely on April 20 or April 27. RECOMMENDATION Approval, subject to City Attorney approval of the underlined language. RESOLUTION NO. 2004- A RESOLUTION OF THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE PROPER AGENCY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN BROWARD COUNTY, THE CITY OF DANIA BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR RESPONSIBILITIES WITH RESPECT TO THE IMPLEMENTATION OF THE REDEVELOPMENT CAPITAL PROGRAM FOR THE CITY OF DANIA BEACH REDEVELOPMENT AREA; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY: Section 1. That the Dania Beach Community Redevelopment Agency hereby approves the Interlocal Agreement to be entered into between Broward County, the City of Dania Beach and the Dania Beach Community Redevelopment Agency, providing for the implementation of the Redevelopment Capital Program for the Community Redevelopment Area, copies of which agreement and associated documents are attached and marked as Exhibit "A", and the proper agency officials are authorized to execute the Interlocal Agreement. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on ATTEST: MIRIAM NASSER ACTING CLERK .2004. CHAIRMAN C.K. MCELYEA ROLL CALL: ROBERT ANTON - ROBERT CHUNN- PATRICIA FLURY- ROBERT MIKES - C.K. MCELYEA - APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO ATTORNEY 1 RESOLUTION NO. 2004- INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL AGREEMENT (the "Agreement"), made this day of , 2004, 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, the Board of County Commissioners of Broward County, Florida (the "Board"), adopted Resolution No. 2002-275 on March 19, 2002, which, among other things, acknowledged that a slum or blighted area exists in a geographic area (the "Redevelopment Area"), as described by the City of Dania Beach in its Finding of Necessity for Redevelopment, the criteria of which presented by the City, in the aggregate, demonstrated that it is necessary and appropriate to redevelop such Redevelopment Area in accordance with the provisions of Part III of Chapter 163, Florida Statutes (the "Act"), as amended; and WHEREAS, pursuant to the Resolution of the County, the Board delegated to the City Commission of the City of Dania Beach, Florida (the "City Commission") the authority to exercise the redevelopment powers conferred upon the Board within the Redevelopment Area in accordance with the Act, to enable the City Commission to declare the need for, create and delegate power to a community redevelopment agency ("CRA") and to prepare and adopt a plan of redevelopment for final approval by the Board; and WHEREAS, the City Commission accepted a delegation of powers from the Board, found a need for, and created the CRA, granted the CRA the power to exercise those powers permitted by the Act which were delegated by the Board to the City and directed the preparation and adoption of a community redevelopment plan (the "Plan"); and WHEREAS, the County desires to delegate to the City Commission the remaining powers necessary to implement the proposed Plan to be submitted pursuant to the Act, except those powers specifically retained by the County; and WHEREAS, contemporaneously with this Agreement, the County has adopted Resolution No. (attached hereto and made a part hereof), which Resolution approves the City's Plan and delegates to the City Commission the remaining powers necessary to implement the Plan, except those powers specifically retained by the County pursuant to the Act (a boundary change; an extension to the term of the Plan involving the continuing contribution by the taxing authorities beyond plan adoption; and a change to the adopted plan of such magnitude as would require a county or municipal land use plan amendment); and WHEREAS, on February 10, 2004, the County adopted Resolution No. 2004-76, which creates a funding program known as the Redevelopment Capital Program for funding of redevelopment initiatives in Broward County; and WHEREAS, County, the City and CRA have agreed that the County method of investment in any redevelopment activities proposed by the City and/or the CRA shall be predicated upon other investment strategies in lieu of County tax increment financing; and 2 WHEREAS, on March 19, 2002, the County adopted Resolution No. 2002-275 pursuant to which the County, the City and the CRA were required to enter into an agreement of understanding to wit: Interlocal Cooperation Agreement (the "Agreement") to delineate their areas of responsibility with respect to the redevelopment of the Redevelopment Area and the proposed CRA's obligations and responsibilities to each taxing authority; and WHEREAS, there shall be established for the CRA created under the Act, a redevelopment trust fund (the "Fund"); and WHEREAS, the boundaries identified for the Redevelopment Area are within the corporate limits of the City. WITNESSETH, that for and in consideration of the mutual covenants and agreements contained herein, the County, the City and the CRA agree as follows: 1.0 COUNTY INVESTMENT IN DANIA BEACH CRA 1.1 The City and the CRA hereby agree to comply with all the terms, requirements and conditions of Broward County Resolution No. 2004-76, which creates the funding program known as the Redevelopment Capital Program. 1.2 The City, the CRA and the County hereby agree that any redevelopment activities proposed by the City and/or the CRA, during the term of this Agreement and any amendments thereto, pursuant to an adopted Community Redevelopment Plan approved by the Board, shall be implemented pursuant to the requirements of the Redevelopment Capital Program. 3 1.3 The City, the CRA and the County hereby agree that funding for any redevelopment activities proposed by the City and/or the CRA, during the term of this agreement and any amendments thereto, pursuant to an adopted Community Redevelopment Plan approved by the Board, shall be funded through annual non ad valorem appropriations pursuant to the requirements of the Redevelopment Capital Program. 1.4 The City, either directly or through the CRA, will establish and maintain a Redevelopment Trust Fund, as required by applicable law. 1.5 The annual funding of the Redevelopment Trust Fund shall not include any contribution from the County, until such time as the terms and conditions of said contribution are described specifically by and between the City, the CRA and the County, and negotiated and memorialized in an amendment to this Agreement specific to proposed community redevelopment project(s). 1.6 The County shall consider investing in eligible activities/projects, upon submittal of an application by the City and/or the CRA, or the County, based upon the extent to which the activity/project achieves a variety of criteria that includes the following: provides for a net increase to the tax base; furtherance of one or more of County Challenge Goals in effect at the time of an amendment(s) to this Agreement, as appropriate; has been demonstrated to be financially feasible in a market study; includes a financial contribution from non -County sources; and removes slum and blight conditions. 4 1.7 The County method of investment in any redevelopment activities proposed by the City and/or the CRA shall be predicated upon other investment strategies in lieu of County tax increment financing. 1.8 The County shall determine the total County investment amount for each project, taking into consideration the amount of funds available through the Redevelopment Capital Program consistent with Resolution No. 2004-76. 1.9 During the term of this Agreement or any amended term of this Agreement, the City and the CRA shall provide the County an annual audit and annual report as required by Sec. 163.387(8) and 163.356(3), Fla. Statutes. The City and the CRA shall include a comparison of Plan goals, objectives, and policies to annual program accomplishments and an analysis comparing current tax base to the base year, in addition to the statutorily required financial statements. 1.10 During the term of this Agreement or any amended term of this Agreement, the City and the CRA shall provide the County on an annual basis, as required by Sec. 163.356(3)(c), Fla. Statutes, to effectively demonstrate accountability for the resources, an activity report. The activity report in a format approved by the County, must include both expenditures for the current fiscal year and cumulative financial information for each individual project or activity undertaken pursuant to the community redevelopment plan. Specific details of the reporting shall be part of the terms and conditions of any amendment to this Agreement. 5 2.0 TERM OF CRA 2.1 The term of the CRA for purposes of completing all community redevelopment projects shall be no later than 40 years after the fiscal year in which the Community Redevelopment Plan is approved. The City reserves the right to reduce the term of the CRA to a shorter period after the term of this Agreement or any extensions to the Agreement have expired, and all debts and other contractual obligations have been satisfied. The City will notify the County of same pursuant to Paragraph 4.5 of this Agreement. 2.2 During the term of the CRA, the County method of investment in any redevelopment activities proposed by the CRA and/or the City shall be subject to the terms and conditions of the Agreement and any amendments thereto. 3.0 TERM OF AGREEMENT The term of this Agreement will be five (5) years from the Effective Date herein. The basis for any amendment(s) and extension(s) to the term of this Agreement shall be the submission(s) by the City and the CRA to the County of a proposed community redevelopment project(s) within the term of this Agreement and the successful negotiations by and between the City, the CRA and the County pertaining to same. 3.1 Any amended term will commence upon the time of approval by the County of the proposed community redevelopment project(s) and execution of an amended Agreement by and between the City, the CRA and the County reflecting same. The City, the CRA and County agree that any and all A amendments to this Agreement will include an implementation schedule and critical timeline for all proposed community redevelopment project(s). 3.2 This Agreement is non -terminable and non -cancelable during its term and any amendments thereto, except as provided in Section 4.7 herein. 3.3 The Parties covenant and agree that this Agreement provides a unique opportunity for the County, the City and the CRA to engage in a long-term relationship to promote the health, safety and welfare of the citizens and residents of Broward County and to provide a mechanism of financing and project development which requires solemnity and continuation. In that regard, the Parties further covenant and agree that this Agreement shall not be terminable or cancelable during its term unless and until a court of competent jurisdiction determines, as a matter of law, that this Agreement is not enforceable or valid. 4.0 MISCELLANEOUS 4.1 Joint Preparation: The preparation of this Agreement 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. 4.2 Merger: This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matter contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties 7 agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Agreement. 4.3 Assignment: The respective obligations of the Parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other party. 4.4 Recordation/Filing: The County Administrator as the Ex-Officio Clerk of the Broward County Board of County Commissioners is hereby authorized and directed after approval of the Agreement by the governing body of the City and the County and the execution thereof by the duly qualified and authorized officers of each of the Parties hereto to file this Agreement with the Clerk of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 4.5 Notices: Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier evidenced by a delivery receipt, facsimile evidenced by a delivery receipt, or by an overnight express delivery service evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this r� paragraph. For the present, the Parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery as evidenced by a delivery receipt. 0 FOR COUNTY: County Administrator Broward County Governmental Center 115 S. Andrews Avenue Fort Lauderdale, Florida 33301 With a copy to: FOR CITY: With a copy to: FOR CRA: With a copy to: City of Dania Beach Dania Beach, FL 33004 10 4.6 Governing Law and Venue: This Agreement shall be governed, construed and controlled according to the laws of the State of Florida without regard to its conflict of laws provision. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 4.7 Severability: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the City and/or the CRA or the County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the court's determination becomes final. For the purposes of this section, "final" shall mean the expiration of time within which to file an appeal or the conclusion of any appellate proceeding and the granting of an order. In such event, the Parties agree to cooperate fully with the other to effectuate a smooth transition of services. 4.8 Amendments: Except as expressly authorized in this Agreement, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Parties. 4.9 Third Party Beneficiaries: Neither City, County nor CRA intend that any person shall have cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the Parties agree that there 11 are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 4.10 Nondiscrimination: The decision of the Parties hereto regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 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. 4.11 Gender: Whenever any words are use in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 4.12 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'h) in performing any services pursuant to this Agreement. 12 IN WITNESS WHEREOF, the Parties hereto have made and executed this 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 , 2004; and 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. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Mayor 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 13 Carl L. Kitchner Assistant County Attorney day of , 20_ INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY ATTEST: CITY OF DANIA BEACH DANIA BEACH, through its By City Clerk Mayor -Commissioner day of , 20_ Approved as to form: 14 City Attorney day of , 20_ INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY WITNESSES: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY Chairperson day of , 20 Approved as to form: Community Redevelopment Agency Attorney day of , 20 15 CLK/It 3/23/04 (Revised 4-6-04) #04-037 CADocuments and Settings\crandazzo\Local Settings\Temporary Internet Files\OLK3\daniabeachcapAgrmt.wpd W. IDEATE s CITY OF ®AMA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM April 13, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C� • G Community Development Department SUBJECT: Revised CRFA/City Commission Interlocal (April 3, 2004) Attached is revised interlocal language. Please substitute for interlocal agreement in your backup. INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL AGREEMENT (the "Agreement"), made this day of , 2004, 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, the Board of County Commissioners of Broward County, Florida (the "Board"), adopted Resolution No. 2002-275 on March 19, 2002, which, among other things, acknowledged that a slum or blighted area exists in a geographic area (the "Redevelopment Area"), as described by the City of Dania Beach in its Finding of Necessity for Redevelopment, the criteria of which presented by the City, in the aggregate, demonstrated that it is necessary and appropriate to redevelop such Redevelopment Area in accordance with the provisions of Part III of Chapter 163, Florida Statutes (the "Act"), as amended; and WHEREAS, pursuant to the Resolution of the County, the Board delegated to the City Commission of the City of Dania Beach, Florida (the "City Commission") the authority to exercise the redevelopment powers conferred upon the Board within the Redevelopment Area in accordance with the Act, to enable the City Commission to declare the need for, create and delegate power to a community redevelopment agency ("CRA") and to prepare and adopt a plan of redevelopment for final approval by the Board; and WHEREAS, the City Commission accepted a delegation of powers from the Board, found a need for, and created the CRA, granted the CRA the power to exercise those powers permitted by the Act which were delegated by the Board to the City and directed the preparation and adoption of a community redevelopment plan (the "Plan"); and WHEREAS, the County desires to delegate to the City Commission the remaining powers necessary to implement the proposed Plan to be submitted pursuant to the Act, except those powers specifically retained by the County; and WHEREAS, contemporaneously with this Agreement, the County has adopted Resolution No. (attached hereto and made a part hereof), which Resolution approves the City's Plan and delegates to the City Commission the remaining powers necessary to implement the Plan, except those powers specifically retained by the County pursuant to the Act (a boundary change; an extension to the term of the Plan involving the continuing contribution by the taxing authorities beyond plan adoption; and a change to the adopted plan of such magnitude as would require a county or municipal land use plan amendment); and WHEREAS, on February 10, 2004, the County adopted Resolution No. 2004-76, which creates a funding program known as the Redevelopment Capital Program for funding of redevelopment initiatives in Broward County; and WHEREAS, the County, the City and the CRA have agreed that the County method of investment in any redevelopment activities proposed bythe City and/orthe CRA shall be predicated upon other investment strategies in lieu of County tax increment financing; and K WHEREAS, on March 19, 2002, the County adopted Resolution No. 2002-275 pursuant to which the County, the City and the CRA were required to enter into an agreement of understanding to wit:.Interlocal Cooperation Agreement (the "Agreement") to delineate their areas of responsibility with respect to the redevelopment of the Redevelopment Area and the proposed CRA's obligations and responsibilities to each taxing authority; and WHEREAS, there shall be established for the CRA created under the Act, a redevelopment trust fund (the "Fund"); and WHEREAS, the boundaries identified for the Redevelopment Area are within the corporate limits of the City. WITNESSETH, that for and in consideration of the mutual covenants and agreements contained herein, the County, the City and the CRA agree as follows: 1.0 COUNTY INVESTMENT IN DANIA BEACH CRA 1.1 The City and the CRA hereby agree to comply with all the terms, requirements and conditions of Broward County Resolution No. 2004-76, which creates the funding program known as the Redevelopment Capital Program. 1.2 The City, the CRA and the County hereby agree that any redevelopment activities proposed by the City and/or the CRA, during the term of this Agreement and any amendments thereto, pursuant to an adopted Community Redevelopment Plan approved by the Board, shall be implemented pursuant to the requirements of the Redevelopment Capital Program. 3 1.3 The City, the CRA and the County hereby agree that funding for any redevelopment activities proposed by the City and/or the CRA, during the term of this Agreement and any amendments thereto, pursuant to an adopted Community Redevelopment Plan approved by the Board, shall be funded through annual non ad valorem appropriations pursuant to the requirements of the Redevelopment Capital Program. 1.4 The City, either directly or through the CRA, will establish and maintain a Redevelopment Trust Fund, as required by applicable law. 1.5 The annual funding of the Redevelopment Trust Fund shall not include any contribution from the County, until such time as the terms and conditions of said contribution are described specifically by and between the City, the CRA and the County, and negotiated and memorialized in an amendment to this Agreement specific to proposed community redevelopment project(s). 1.6 The County shall consider investing in eligible activities/projects, upon submittal of an application by the City and/or the CRA, or the County, based upon the extent to which the activity/project achieves a variety of criteria that includes the following: provides for a net increase to the tax base; furtherance of one or more of County Challenge Goals in effect at the time of an amendment(s) to this Agreement, as appropriate; has been demonstrated to be financially feasible in a market study; includes a financial contribution from non -County sources; and removes slum and blight conditions. M 1.7 The County method of investment in any redevelopment activities proposed by the City and/or the CRA shall be predicated upon other investment strategies in lieu of County tax increment financing. 1.8 The County shall determine the total County investment amount for each project, taking into consideration the amount of funds available through the Redevelopment Capital Program consistent with Resolution No. 2004-76. 1.9 During the term of this Agreement or any amended term of this Agreement, the City and the CRA shall provide the County an annual audit and annual report as required by Sec. 163.387(8) and 163.356(3), Fla. Statutes. The City and the CRA shall include a comparison of Plan goals, objectives, and policies to annual program accomplishments and an analysis comparing current tax base to the base year, in addition to the statutorily required financial statements. 1.10 During the term of this Agreement or any amended term of this Agreement, the City and the CRA shall provide the County on an annual basis, as required by Sec. 163.356(3)(c), Fla. Statutes, to effectively demonstrate accountability for the resources, an activity report. The activity report in a format approved by the County, must include both expenditures for the current fiscal year and cumulative financial information for each individual project or activity undertaken pursuant to the community redevelopment plan. Specific details of the reporting shall be part of the terms and conditions of any amendment to this Agreement. 2.0 TERM OF CRA 5 2.1 The term of the CRA for purposes of completing all community redevelopment projects shall be no later than 40 years after the fiscal year in which the Community Redevelopment Plan is approved. The City reserves the right to reduce the term of the CRA to a shorter period after the term of this Agreement or any extensions to the Agreement have expired and provided that all indebtedness, in whatever form agreed to, and other contractual obligations involving County funds have been satisfied. The City will notify the County of same pursuant to Paragraph 4.5 of this Agreement. 2.2 During the term of the CRA, the County method of investment in any redevelopment activities proposed by the CRA and/or the City shall be subject to the terms and conditions of the within Agreement and any amendments thereto. 3.0 TERM OF AGREEMENT The term of this Agreement will be five (5) years from the Effective Date herein. The basis for any amendment(s) and extension(s) to the term of this Agreement shall be the submission(s) by the City and the CRA to the County of a proposed community redevelopment project(s) within the term of this Agreement and the successful negotiations by and between the City, the CRA and the County pertaining to same. 3.1 Any amended term will commence upon the time of approval by the County of the proposed community redevelopment project(s) and execution of an amended Agreement by and between the City, the CRA and the County reflecting same. The City, the CRA and County agree that any and all amendments to this Agreement will include an implementation schedule and critical timeline for all proposed community redevelopment project(s). 3.2 This Agreement is non -terminable and non -cancelable during its term and any amendments thereto, except as provided in Section 4.7 herein. 3.3 The Parties covenant and agree that this Agreement provides a unique opportunity for the County, the City and the CRA to engage in a long-term relationship to promote the health, safety and welfare of the citizens and residents of Broward County and to provide a mechanism of financing and project development which requires solemnity and continuation. In that regard, the Parties further covenant and agree that this Agreement shall not be terminable or cancelable during its term unless and until a court of competent jurisdiction determines, as a matter of law, that this Agreement is not enforceable or valid. 4.0 MISCELLANEOUS 4.1 Joint Preparation: The preparation of this Agreement 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. 4.2 Merger: This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matter contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties 7 agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Agreement. 4.3 Assignment: The respective obligations of the Parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other party. 4.4 Recordation/Filing: The County Administrator as the Ex-Officio Clerk of the Broward County Board of County Commissioners is hereby authorized and directed after approval of the Agreement by the governing body of the City and the County and the execution thereof by the duly qualified and authorized officers of each of the Parties hereto to file this Agreement with the Clerk of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 4.5 Notices: Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier evidenced by a delivery receipt, facsimile evidenced by a delivery receipt, or by an overnight express delivery service evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this FQ paragraph. For the present, the Parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery as evidenced by a delivery receipt. FOR COUNTY: County Administrator Broward County Governmental Center 115 S. Andrews Avenue Fort Lauderdale, Florida 33301 With a copy to: Broward County Attorney's Office Suite 423, Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 With a copy to: City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 FOR CRA: City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 4.6 Governing Law and Venue: This Agreement shall be governed, construed and controlled according to the laws of the State of Florida without regard to its conflict of laws provision. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 4.7 Severability: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue 9 to be effective unless the City and/or the CRA or the County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the court's determination becomes final. For the purposes of this section, "final" shall mean the expiration of time within which to file an appeal or the conclusion of any appellate proceeding and the granting of an order. In such event, the Parties agree to cooperate fully with the other to effectuate a smooth transition of services. 4.8 Amendments: Except as expressly authorized in this Agreement, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Parties. 4.9 Third Party Beneficiaries: Neither City, County nor CRA intend that any person shall have cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 4.10 Nondiscrimination: The decision of the Parties hereto regarding the delivery of services under this Agreement shall be made without regard to or 10 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. 4.11 Gender: Whenever any words are use in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 4.12 The Parties shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing any services pursuant to this Agreement. 11 IN WITNESS WHEREOF, the Parties hereto have made and executed this 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 , 2004; and 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. ATTEST: COUNTY 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 Carl L. Kitchner Assistant County Attorney day of , 20_ 12 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY ATTEST: City Clerk CITY OF DANIA BEACH DANIA BEACH, through its Mayor -Commissioner day of , 20 Approved as to form: XO- 13 City Attorney day of , 20 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY WITNESSES: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY CLMt 418/04 #04-037 G:1DIV21CLK\CLK04\daniabeach capAgrmt.wpd By Chairperson day of , 20 Approved as to form: 11 Community Redevelopment Agency Attorney day of , 20 14