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PARTICIPATION AGREEMENT .. , ,. .' TO: FROM: COPIES: SUBJECT: DATE: . ..: ,.\ ".,."... . ~,A C:... ~ ,:~ Lucille Williams I City Clerk Joseph R. McFate - Community Development ~ CITI' OF CLEARWATER Interdepartment Correspondence Sheet DirectrJ'MU= Participation Agreement - Clearwater Downtown Development Board October 27, 1983 I am enclosing the originally executed document described above for your records. A copy has been retained for our files. JRM:nt Enc. RECEiVED OCT 28 1983 ~,.>~TY CLERK " " 1 PAR TICIPA TION AGREEMENT -::J.. THIS AGREEME~T entered into this II day of (9..t..CW A. D. 1983, by the CLEAR WATER REDEVELOPMENT AGEl'lCY, an Agency created by virtue of Chapter 163, Florida Statutes, hereinafter called lithe Agency", and CLEAR W A:r ER DOWNTOWl'l DEV ELOPMEl'lT BOARD,_ a Board created pursuant to Chapter 70-635, Laws of Florida (1970), now Article IV of Chapter 22, of the Code of Ordinances, City of Clea' water, hereinafter called lithe Participating Agency"; WITNESSETH: WHEREAS, the Participating Agency was established to perform the function, inter alia, of participating actively in the implementation and execution of downtown development plans, including the acquisition and financing of publicly owned facilities deemed feasible and beneficial in effecting implementation of public purposes; and . WHEREAS, the Agency has received and accepted a proposal to redevelop a portion of the downtown area, as defined in the Code of Ordinances, through the acquistion and construction of an office-retail building and parking garage; and WHEREAS, that proposal contemplates the acquisition of certain land within the downtown area by the Agency; and WHER EAS, the Participating Agency in order to induce the Agency to approve t."1e Development Agreement for tb.at project and to authorize the acquisition of the real property required therefor by condemnation utilizing its power of eminent domain, has agreed to reimburse the Agency for certain costs thereof; and WHEREAS, t.."1e Agency, in reliance on the proreise of the ?articipating Agency to pay a portion of those costs, has approved the Development Agreement and t..;,.e acquisition of the real property required by acioption c: Resolutions :-':0. 83-2 (CRA) and ):0. 83-3 (CRA); a::d WHEREAS, the parties now desire to rec.ice sucr.. cc:::r.:i~e::t to \''':-iti:1g'; cc: :\ow. ti ('~'2d;,~",UJ ::; (/1/.;~. >7~;;t; 42../ /1/ .:3 7 &'..;J THEREFORE, bct.~ ?arties agree a.s follcws: - 1- 2/-D~6 -{l) .' /' "'\ -~ I J 1. 'The Agency agrees to proceed as part of its downtown redevelopment plan to implement the acquisition of the property identified in Resolutions No. 83-2 (CRA) and No. 83-3 (CRA). 2. The Participating Agency for its part in the implementation and execution of the downtown redevelopment plan. which includes the acquisition identified above, agrees to reimburse the Agency one-half (1/2) the costs of acquisition ~hich are in excess of $650,000. Such reimbursement shall be paid to the Agency on an annual basis according to the following formula An amount equal to the increment in revenues of the Participating Agency derived from the above described project, which increment shall be determined annually and shall be that amount equal to the difference between: (a) The amount of ad valorem taxes levied each year by the Participating Agency upon the property described in Exhi bi t A; and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year upon the property described in Exhibit A as shown upon the now effective assessment roll used in connection with the taxation of such property by the Participa ting Agency. 3. Should the Agency be unable to acquire the property or should it abandon the project, then the Participating Agency. s obligation shall cease. 4. The above constitutes the entire agreement between the parties. 5. This Agreement shall be governeci by the laws of Florida. -2- . , ~-~..: I I IN \VIT~ESS WHEREOF, the parties hereto have executed t.his Agreement on the day and year first above written. CLEARWATER REDEVELOPMENT AGENCY Attest: M~-", ,1/- {J~ Commis s ionet!t D ~ - J~~/pj~ City ~lerk CLEARWATER DOWNTOWN DEVELOP NT B By Attest: CA~A-/ ~~AP~ Secretary '....:.. -- --, - .-' ~..--::: ,..... -- -_: -,.- ..'>'" --- ;,/ - 3- ~ ,-'- ,- . ( ~Y~':T'C;- -.....-.. I That cer~ain piece, parcel or ~ract o~ land, situate, lying and bein; in the county of Pinellas, State of Florida, more particularly bounded and describe: as follows: The former right-oi-way of ~he Atlantic Coast Line Railroad lyin~ bet,,'een Blocr. 13 anc Block 20 of GOULD & Et.\ING' S SE.cO!~D ADDITIC:; TO C1.!.A~i.;j:.!=.F.. FLG:UD';. accorcinc: to the plat. thereof recordec i:. Plat Book I, Page 52, Public Ftecords 0: Hillsborough County, Florida, of which Pine11asCounty was formerly a par~. That certain piece, parcel or tract of 1anc, situate, lying and being in the ~ounty of Pine11as, State of Florida, more particular1y bounded anc described as follows: All that vo1ume of air space consisting of that portion of Lots 1, 2, 3, 12, 13, and 14 in Block 6 of }~GNOLIA PARK, according to the plat thereof recorded in Plat Book 1, page 70, of the Public Records of Hillsborough County, of which Pinellas County was formerly a part, together with the former right-of-way of the Atlantic Coast Line Railroad adjoining said Block on the West, lying between a plane at approximately - elevation 47.5 and a plane at approx~ately elevation 67.5 o. S. Coast & Geodetic Survey datum, together with easements as required for supporting structures and ingre~s and egress. That certain piece, parcel or tract of land, situate, lying and being in the County of Pinellas, State of Florida, more particularly bounded and described as follows: Lots 1, 2, 3, and 4, in Block 13, of GOULD & EWING'S SECO~~ ADDITION TO CL~~~ATER, FLORIDA, according to the plat thereof recorded in Plat Book 1, page 52, Public Records of Hillsborough County, FloridQ, of ~hich Pinellas County was former~y'a part; together with tha~ portion of said Block ~3 which was for.cerly an alley running eas~ and west through said Block 13. ;