11-17-1997
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COMMlJlIo11Y REDEVELOPMENT
AGENCY
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CITY OF CLEARWATER
POST OFFICE Box 4748, CJ.F.AHWATER, FI.ORIDA' 33758-4748
CITY HALL, 112 SmITH OSCE01J\ AVENUE, Cl.EAR'X'ATER, FLOI<IOA 33756
. TF.LEPHONE (813) 562-40/10 FAX (813) 562-4052
REVISED* AGENDA
COMMUNITY REDEVELOPMENT AGENCY
Monday, November 17, 1997
9:00 a.m.
Commission Chambers
1. Call to Order
2. Approval of Minutes - September 15, 1997
3. New Business
a. Review Interlocal Agreement which creates Downtown Alliance
b. Approve Cash contribution to Saturday in the City, Inc.,
Downtown Farmer's Market*
4. Assistant City Manager Verbal Reports
5. Other Business
6. Adjournment
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"EQUAL EMPLOYMENT Al'.:n AFFIRMATIVE ACTION E!\1I'11J\'ER"
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HOUAND & KNIGHT October 22, 1991 DRAFt
INTERLOCAL AGREEMENT
(Downtown Alliance]
. This Agreement entered into this _ day of , 1997, by and between the
CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the
.City-), the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARW A TER, FLORIDA, a body politic and corporate created pursuant to Part m, Chapter
163, Aorida Statutes (the · Agency.), and the CLEARWATER DOWNTOWN
DEVELOPMENT BOARD, an agency of the City of Clearwater existing pursuant to Ordinance
5510-93 (the -DDB-).
WITNESSETH:
WHEREAS, a certain portion of the downtown area of the City has been found by the
City Commission to be in need of redevelopment (the .Area-); and
WHEREAS, the City Commission of the City (the -City Commission-) adopted
Reso.lution No. 81-67 and Ordinances 2576-81 and 2779-82 cr~ting the Agency and designating
it as the Community Redevelopment Agency of the City to exercise the powers under the
Community Redevelopment Act of 1969, as amended, codified as Part ro, Chapter 163, Aorida
Statutes (the. · Act-); and
WHEREAS, the DDB was initially created by Chapter 70-63S, Laws of florida, which
was converted to an ordinance of the City by the enactment of Chapter 77-367, Laws of Florida;
and
WHEREAS, the City Commission enacted Ordinance No. 5510-93, pertaining to the
DDS, and granting to it certain powers, duties and responsibilities perttining to the developmeD2
of the downtown area of the City; and
WHEREAS, pursuant to a delegation of authority from Pi.neDas County, <<charter county,
pursuant to Section 163.410, Florida Statutes, the City has been delegated ~e authority, subject
to the terms and conditions established by PineDas County to carry out redevelopment pursuant
to the Act within the Area; and
WHEREAS, pursuant to the Act and in accordance with the delegated powers, the City
Commission has adopted a plan for the redevelopment of the Area (the .Plan-); and
WHEREAS, pursuant to the Act and in accordance with the delegated powers, the City
Commission has enacted Ordinance No. 2779-82 that created and established a Redevelopment
DownUm AllJae. InJlI"I<<DI Atnll1UlII
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t. HOILAND & KNIGHT October 21, 1997 DRAFT .
1 Trust Fund for the Area (the 'Redevelopment Trust Fund") and provided for the deposit therein
2 of tax increment revenues attnouted to the Area (the .Increment Revenues.), all pursuant to
3 Section 163.387, Rorida Statutes; and
4 WHEREAS, the Plan provides for certain undertaldngs, including capital improvement
5 projects and the acquisition of real property in the Area, in support of redevelopment programs
.6 outlined in the Plan; and
7 WHEREAS, the City Commission. the Agency, and the DDB recognize and acknowledge
8 that the redevelopment of the Area can be accomplish more effect~vely. efficiently. and sooner
9 if the resources of the City t the Agency and the DOB are combined so as to work together in
10 a coordinated and directed manner; and
11 WHEREAS, the City. the Agency and the ODB desire to create and establish a means
12 and method by which such combination of resources can be accomplished, and have,
13 accordingly, agreed to the creation of an alliance to further the development of the Area; and
14 WHEREAS, the City. the Agency and the DDB are desirous of entering into an interJocal
IS agreement to establish and create a new entity to be known as the Clearwater Downtown
16 Alliance, which shall combine the resources of the City, the Agency and the DDB to provide
17 for more effective and efficient redevelopment of the Mea through coordinated programs and
18 activities;
19 NOW, THEREFORE, in consideration of the mutual promises and covenants contained
20 herein, the parties hereto agree as follows:
21 SECTION 1. INfERWCAL AGREEMENt. 1bepartiesacknowledgeandagree,and
22 intend this agreement is an interloca1 agreement pursuant to Section 163.01, Florida Statutes.
13 SECTION 2. J>EFINITI~.
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(a) As used in this Agreement. the following terms shall have the following meanings:
25 (1) .Act- means Resolution No. 81-67 and Ordinances 2576-81,2779-82, and SSI().
26 93, Section 163.01, Aorida Statutes, Part m. Chapter 163, Florida Statutes, Chapter n-367,
27 Laws of Florida, and other applicable provisions of law.
28 (2)" Agency" means the Community Redevelopment Agency of the City of
29 Clearwater, J.lorida, and any successor thereto.
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1 (3) -Alliance- means the Clearwater Downtown Alliance created by this Agreement.
2 (4) W City - means the City of Clearwater, Florida, a municipal corporation of the State
3 of Florida.
4 (5) -DDS- means the Clearwater Downtown Development Board, or any successor
S thereto, originally created by Chapter 70-635, Laws of Florida, which was converted to an
6 ordiJJance of the City by Chapter 77-367, Laws of Florida, and then re-enacted and created by
7 Ordinance 5S10-93 of the City, codified as Sections 2.141 through 2.145, Clearwater Code of
8 Ordinances.
9 (6) wDDB Fund- means the funds and accounts created and maintained by the DDB
10 in which DDB Revenues are deposited from time to time.
11 (7) -DDB Revenuesw means any and all monies received or which should be received
12 by the DDB during any FlScal Year and which are deposited in the DDB Fund.
13 (8) wFiscal Year. means the period commencing on October 1 of each year and
14 continuing to and including the succeeding September 30.
IS (9) wIncrement Revenuesw means any monies deposited in the Redevelopment Trost
16 Fund pursuant to Section 163.387, Rorida Statutes, plus any investment earnings thereof.
17 (10) .Plan' means the Community Redevelopment Plan adopted by the Agency and
18 the City pursuant to the Act for redevelopment of the Area.
19 (11) wPrior Obligationsw means any debt or other obligation to pay certa~ amount of
20 monies, which is appiicable to and binding upon a party to this Agreement and was entered into
21 or incurred prior to the Effective Date of this Agreement, and which are listed in Exhibit · A ·
22 attached hereto.
23 (12) tlRedevelopment Action Program' means the list of activities and undertakings by
24 the Alliance to be done during the succeeding F"JSCal Year or such other specified period of time,
25 including Redevelopment Projects.
26 (13) "Redevelopment Trust Fund- means the community redevelopment trust fund
27 created and established pursuant to the Act, specifically s.163.387, Florida Statutes, by
28 Ordinance No. 2779-82 of the City in which Increment Revenues are deposited.
29 (b) Words importing singular number shall include the plural number in each case and
30 vice versa. and words importing persons shall include firms, corporations or other entities,
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including governments or governmental bodies. References to Florida Statutes are to Florida
Statutes (1996). as amended.
SECTION 3. J1NDlNGS AMIlDETERMINATlO~.
(a) The City. the DDS and the Agency do hereby accept and adopt the recitals set
forth above and agree they are incorporated herein to the same extent as if set forth in this
SectioD.
(b) The parties do hereby recognize, find and acknowledge that the Agency did not
and does not have funds available to it to pay the costs of implementing the Plan and. as a.result
thereof. in the mutual interests of the parties to move forward with implementation of the Plan
and redevelopment of the Area. the City. the DDB. and the Agency will in the future transfer
or advance funds to pay the certain costs incurred by the Alliance in the Area as Contemplated
by the Redevelopment Action Program.
(c) The parties further find and acknowledge that the Alliance does not have adequate
resources currently available to it to carry out a comprehensive and effective program of
redevelopment within. the Area and requires assistance to implement and admini~r the purposes
and intent of the Plan and the RedeveJopm~nt Action Program from time to time. and the parties
agree the Alliance will carry out the Agency's duties and responsibilities for implementing the
Plan and the DDBfs duties and responsibilities for redeveloping the Area.
. (d) The parties hereto recognize and find that. it is in the best interest of each and the
public to establish a cooperative relationship between the parties hereto in order to best carry
out the purposes of the Act. specifically including the implementation of the Plan, and to share
their respective powers to cany out redevelopment activiti~ in the Area and to create the
Alliance to most efficiently and effectively do so.
(e) It is hereby ascertained, determined and declared by the parties hereto that the
Alliance should be authorized and directed to administer the program of redevelopment
contemplated by the Plan, including undertaking of redevelopment within the Area, and the costs
of such administration and the costs of such redevelopment shaD be paid from funds available
to the City. the Agency, and the DDB paid to the Alliance.
(f) The parties hereto acknowledge that the Alliance is a dependent special district
within the meaning and application of Chapter 189. Florida Statutes.
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HOLLAND & KNIGHT Oc/obtT 22, 1991 DRAFI'
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SECTION 4.
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2 (a) There is hereby created an entity to be known as the Clearwater Downtown Alliance.
3 (b) The Alliance is hereby authorized to exercise all powers and authority granted by this
4 Agreement and as may be delegated to it from time to time by the City Commission, the Agency
S or the DDB so it may carry out its responsibilities for the redevelopment ~f the Area.
6 (c) The Alliance shall be governed by a board of directors consisting of nine
7 individuals, four of whom shall be members of the ODD governing board and designated by that
8 board to serve on the Alliance board of directors as an additional duty of office and the five
9 members of the City Commission who shall also serve as an additional duty of office.
10 (d) The board of directors shall adopt by-laws to govern the procedures they will
11 follow for the administration and oversight of the Alliance and its operations, activities, and
12 undertakings.
13 (e) The board of directors shall establish for each FISCal Year a budget and a
14 redevelopment program to be undertaken by the Alliance to further the redevelopment of the
IS Area. The budget and the program shall ~ submitted to the City Commission, the Agency and
16 to the DDB no later than July 1st of eacli year, so it may be reviewed and commented upon by
17 the City, the Agency and the DDS prior to the commencement of the FJSCal Year, provided,
18 however, that the board of directors of the Alliance shall have the right to approve the budget
19 and the redevelopment program regardless of such review and comment. The initial budget to
20 be submitted for review under this Agreement shall be that budget of the Alliance for the first
21 Fiscal Year commencing after the effective date of this Agreement as determined in acoordance
22 with Section 24 of this Agreement.
23 (f) No later than March 1st of each year, the Alliance shall submit a written annual
24 report for the preceding FJSCal Year to the City Commi~ion and the governing bodies of the
2S Agency and the DDB for their review and comment, which report shall describe the activities,
26 projects and undertakings of the Alliance during the prec1"tfing year.
17 (g) Tbe Alliance is authorized to accept grants, donations, ~ests, gifts, and
28 transfers of funds from other persons, be they public or private, and use such funds for the
29 purposes for which the Alliance was created. . .
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HOlLAND & KNIGHT Octo be, 21, 1991 DRAFT
1 SECTION 5. ~.
1 (a) The parties recognize, acknowledge and agree the Alliance will not have from
3 time to time sufficient funds to carry out its responsibilities under this Agreement, and, therefore
4 it is necessary and in the best interests of the Agency, the City and the DDS, that the Agency.
S the City and the DDB may transfer or advance funds to the Alliance to pay the costs of the
6 redevelopment program undet1aken by the Alliance.
. 7 [identify source ol'uruls and timing of transfers]
8 (b) Tbe Alliance is hereby authorized to create, establish. maintain and use such funds
9 and accounts in its name as it deems necessary an appropriate to carry out its duties and
10 responsibilities, including the deposit of funds received from the City. the Agency and the DDB.
11 The annual report of the Alliance descn1>ed in Section 4 shall include information concerning
12 the use by the Alliance of its funds and accounts.
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SECTION 6. ADMINISTRATION OF REDEVELOPMENT PROGRAM.
(a) The Agency, the City and the DDB hereby agree the Alliance shall be responsible
for the administration and management of the Redevelopment Action Program.
(b) Tbe City, the Agency and the DDB recognize and acknowledge the Alliance wUl
incur costs in the course of administering and managing the Redevelopment Action Program and
the Agency, the City and the DDD"agree to pay to the Alliance from funds available to them
from time to time amounts equal to the costs incurred by or to be incurred by the Alliance.
(c) The Alliance is bereby authorized to undertake such economic development
activities as it deems necessary and appropriate to promote, improve, and redevelop the Area
in accordance with the Plan and this Agreement. .
(d) While the parties recognize that it may be necessary from time to time for the
Alliance to borrow funds to carry out its duties and responsibilities contemplated by this
Agreement and to undertake and cause the redevelopment of the Area, the Alliance may not
borrow funds and pledge to the repayment thereof any Increment Revenues or the
Redevelopment Trust Fund without the prior approval of the Agency or pledge to the repayment
thereof any DDB Revenues or DDB Fund without the prior approval of the DDB.
(e) The Alliance may from time to time when it deems it necessary and appropriate
to issue requests for proposals or invitations to bid for services, goods, or for development
6 Downtown Alllanu InJerlocal A,rrtmmt
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HOUAND & KNIGHT October 22, 1991 DRAFI'
1 proposals from private or public parties, provided that fmal approval of any proposal or bid for
2 a Redevelopment Project shall be subject to the prior approval of the Agency. and should the
3 lerm of any agreement for a Redevelopment Project or any obligation of the Alliance for a
4 Redevelopment Project extend beyond any Fiscal Year, then such agreement or obligation shall
, be approved by the City. the Agency and the DDB before becoming effective.
6 (t) The Alliance is expected by the parties to undertaJce marketing and promotion of
7 the Area and to initiatc, maintain and continue contacts and discussions with public and private
8 parties interested in the redevelopment of the Area, including private developers and property
9 owners.
10 (g) The Alliance is not authorized to accept, acquire. or be granted title to any reaJ
11 property located within or without the Area unless the Agency and the DDB approve of such in
12 advance.
13 SECTION 7. REDEVELOPMENT PROJECn.
14 (a) The Agency, the City and the DDB find that it is nectSSaIy that Redevelopment
IS Projects be undertaken from timc to time '0 em')' out the purposes and intent of the PIan. The
16 parties further fmd that to pay the costs of such Redevelopment Projects it is and will be
17 necessary to set aside. dedicate, and use funds available to them for such purposes from time
18 to time.
19 (b) The Agency and the City recognize and agree that Redevelopment Projects
20 constitute an essential element and aspect of the Redevelopment Action Program to be
21 undertaken by the Alliance from time to time and carried out by the Alliance on behalf of the
22 Agency. the City and the DDB. Accordingly, the ODD. the Agency and the City agree the
23 Alliance shall include recommendations as to the implementation and administration of -
24 Redevelopment Projects from time to time in the Redevelopment Action Program administered
2S by the Alliance. including the means and method (or paying the costs of such Redevelopment
26 Projects.
27 (c)(l) The DDB, the Agency and the City recognize that the costs of Redevelopment
28 Projects or any particular Redevelopment Project may from time to time exceed the monies then
29 on deposit with the Alliance available to pay such costs. Accordingly. the DDB, the Agency
30 and the City agree the Alliance may recommend from time to time the creation of one or more
31 project accounts into which funds shall be placed and such funds shall be used to pay the costs
32 of Redevelopment Projects as they are incurred and may also be used as contingency or reserves
33 to be applied to pay the cost of Redevelopment Projects or the implementation of the
34 Redevelopment Action Program when necessary. The parties agree that these project accounts
7 Downtown AIllDnCl Inttrlocol4retmtlll
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HOUAND &: KNIGHT Oc/ober 12, 1991 DRAFI'
may be funded prior to the actual undertaking of any particular Redevelopment Project provided
the estimated cost of the Redevelopment Project and I proposed implementation schedule is
included in the Redevelopment ~ction Program recommended from time to time by the AJJiance.
(2) The Agency fmds and determines that the project accounu contemplated by and
authorized by this subsection (c) constitute a permissible use of funds on deposit in the
Redevelopment Trust Fund under the Act.
(3) Should any amount in a project account created pursuant to this subsection (c) not
be used at any time, then the Alliance may approve returning any funds paid by a party to this
Agreement to that party in such amount as shall be related to that party's pro rata payment or
contribution to that project account, provided that upon recommendation by the AlIiance and
approval by the City, the Agency and the DDB, any such amount may, in whole or in part, be
withdrawn from the account and credited to one or more parties to this Agreement or used for
other redevelopment purposes.
SECTION 8. REDEVELOPl\-fENT PLAN REVIEW AND_REVlSIOlj.
(a) The DDB, the Agency and the City further fmd and recognize that the Plan in
effect on the effective date of this Agreement may need to be revised, amended, updated and
otherwise changed flom time to time during the term of this Agreement. Therefore, the parties
agree a review, study and analysis of the Plan is appropriate and should be undertaken to
determine. if the Plan should be updated and revised.
(b) The parties hereby authorize and direct the Alliance to include in the
Redevelopment Action Program a process for the periodic review,' analysis, study and possible
revision of the Plan, including the costs thereof. The partiC$ do hereby agree that monies
provided by them to the Alliance from time to time can be used to pay costs incurred in
reviewing, analyzing, studying and revising or ~tiug the Plan, including the use of
consultants, professionals or other resources by the Alliance, provided such review, analysis,
study and revision is included in the Redevelopment Action Program for the F'lSC3.1 Year in
which the funds are to be expended...
SECTION 9. COVENANTS OF THE AGENCY. So long as this Agreement remains
in fuU force and effect, the Agency covenants with the City as fonows:
(a) The payments by the Agency contemplated by this Agreement shall be secured
by a lien on and pledge of, and the Agency does hereby irrevocably pledge, the Increment
Revenues and any other funds, including proceeds from investments, on deposit' in the
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HOLLAND & KNIGHT October 22, 1991 DRAFT
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1 Redevelopment Trust Fund, to the extent such fuods are not otherwise obligated. committed, and
1 pledged.
3 . (b) Tbe obligations of the Alliance descnDed herein shall not be deemed to constitute
4 a general obligation of the Agency or the City, or a debt, liability or obligadon of the Agency .
5 the City. the DDB. the State of Florida or any political subdivision thereof or a pledge of the
6 faith and credit of the Agency, the City, the State of Florida or any political subdivision thereof.
7 Neither the Agency, the City, the DDB, the State of Florida or any political subdivision thereof,
8 shall be directly, indirectly or contingeatly obligated to levy or to pledge any form of ad valorem
9 taxation whatsoever for the payment of any payment contemplat~ hereby.
10 (c) All income on investments of funds in the Redevelopment Trost Fund shall be
11 retained therein and used for the purposes contemplated by the Plan and this Agreement.
12 (d) Tbe Agency covenants and agrees to perform and comply with all applicable laws,
13 rules and regulations relating to the preparation, admjni~tration and implementation of the Plan
14 and the performance of the Agency's covenants and obligations hereunder.
IS SECTION 10. ~DEVELOPMENT TRUsr FUND: DEPO~IT OF 1NeREMEN'[
16 REVENUES. . .
17 (a) The City and the Agency covenant and agree that so long as all prerequisites
18 under the Act for doing so have been satisfied, it will take such action as is necessary to
19 maintain the Retfevelopment Trust Fund and cause the deposit therein of Increment Revenues,
20 or take any other action that would cause monies to not be deposited in the Redevelopment Trust
21 Fund that are required to be deposited therein, or to be withdrawn from the Redevelopment
22 Trust Fund for purposes not contemplated by this Agreement or permiUed by the Act or the
23 Plan.
24 (b) The Agency covenants and agrees that it will take all such actions as are expressly
2S provided for in the Act that are DecessaJ)' to coDed from ~ and every -taxing authority- . (as
26 that phrase is defined in s. 163.340(2), Florida Statutes) required to make a payment to the
27 Redevelopment Trust Fund and will cause to be deposited in the Redevelopment Trwt Fund all
28 Increment Revenues and will retain all funds deposited in the Redevelopment Trust Fund for
29 the purposes permitted under the Act and this Agreement.
9 DownJow" Alllanct InJerl<<d A6ntmlnt
30 (c) The Agency covenants and agrees so long as this Agreement retnains in effect to
31 promptly deposit or cause to be deposited Increment Revenues in the Redevelopment TIUSt Fund
32 as such revenues are received from each -taxing authority- or become ayailable to the Agency
33 for the purpose of being deposited into the Redevelopment Trust Fund.
HOllAND & KNIGHT Oc/o~er 22, 1991 DRAFt
1 (d) Any funds in the Redevelopment Trust Fund that, in the opinion of the Agency,
2 lIe Dot inunediately necessary for expenditure, as hereinabove provided, may be invested and
3 reinvested in obligations which shall mature or he redeemable at the option of the Agency at face
4 value not later than the dates OD which such funds are needed. All income derived from
5 investment of funds in the Redevelopment Trost Fund shaD be deposited therein and shaD be
6 used to pay costs as pennitted by this Agreement, the Plan and the Act.
7 (e) Moneys in the Redevelopment Trust Fund shall be secured at aU times in the
8 manner prescribed by the laws of Ihe State of Florida relating to the securing of public funds.
9 (f) The Agency intends the approval of this Agreement to constitute the appropriation
10 of monies from the Redevelopment Trust Fund contemplated by Section 163.387, Florida
11 Statues, necessary for such funds to be withdrawn and paid to or paid at the direction of the
12 Alliance.
13 SECTION 11. COVENANTS OF THE DDB.
14 So long as this Agreement remains in fun force and effect, the DDB covenants with the
15 City and the Agency as follows:
16 (a) The payments by the DDB contemplated by this Agreement shaD be secured by
17 a lien on and pledge of, and the DDB does hereby irrev<ably pledge, the DDB Revenues and
18 any other funds, including proceeds from investments, on deposit in the DDS Fund, to the extent
19 such funds are not otherwise obligated, committed, and pledged.
20 (b) The obligations of the DDS descn1>ed herein shaD DOt be deemed to consti~te a
21 general obligation of the DDB, the Agency or the City, or a debt, liability or obligation of the
22 DDB, the Agency, the City, the State of Florida or any political subdivision thereof or a pledge
23 of the faith and credit of the DDS, the Agency. the City, the State of Rorida or any political
24 subdivision thereof. Neither the DDB, the Agency. the City, the State of Aorida or any political
25 subdivision thereof, shaU be directly, indirectly or contingently obligated to levy or to pledge
26 any form of ad valorem taxation whatsoever for the payment of any payment contemplated
27 hereby.
28 (c) An income on investments of funds in the DDS Fund shall be retained therein and
29 used to pay any Prior Obligations of the DDB or for the purposes contemplated by this
30 Agreement.
31 (d) Tbe DDS covenants and agrees with the Agency and the City that it will take aU
32 such actions as are expressly provided for in the ordinance and other proceedings creating the
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HOlUND &: KNIGHT October 12, 1991 DRAFI'
1 DDB that are necessary to assess, levy, and collect the DDB Revenues and deposit such
1 revenues in the ODD Fund and, subject to any Prior Obligations of the ODD. will retain all
3 DDB Revenues deposited in the DDB Fund ror the purposes contemplated this Agreement.
4 SECTION 12. NQ GENERAL OBLI~T10~: PRIOR OBLIGA~.
S (a) The parties hereto recognize and acknowledge that none the obligations of the
6 DDB, the Agency or the City established by this Agreement is a general obligation or a pledge
7 of the full faith and credit of the ODD, the Agency, the City or ~y other gover;nmental entity
8 or political subdivision of the State of Florida, under any applicable statutory or constiwtional
9 provision.
10 (b) The parties hereto agree that neither the DDB, the City. the Agency. nor the
11 Alliance shall be responsible for any Prior Obligations of any other party to this Agreement
12 unless any party hereto expressly assumes such responsibility, and then only to the extent of any
13 such assumption.
14 SECTION 13. REPRESENTATIONS AND WARRANTIES.
15 (a) The Agency does hereby represent and warrant to the City and tl1e DDB that it
16 has all requisite power, authority, and authorization to enter into this Agreement, bas taken all
17 necessary actions required to enter into this Agreemen~ make any payment contemplated hereby.
18 and to fulfill any and all of its obligations, duties and responsibilities for or required of it by this
19 Agreement. for their exercise individually or collectively. and does further represent and warrant
20 to the City that all -taxing authorities. required to make deposits of increment Revenues to the
21 Redevelopment Trust Fund, including the City and PineUas County. have to date made such
22 deposits and will be obligated to make such payments so long as this Agteement remait)S in
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24 (b) The City does hereby represent and warrant to the Agency and tl1e DDB that it
2S has all requisite power. authority, and authorization to enter into this Agreement, has taken all
26 necessary actions required to enter into this Agreement, and to fulfill any and aD of its cbfiga-
27 tions, duties and responsibilities required of it by this Agreement. whether exercised individual1y
28 or collectively, and that it is a -taxing authority- required to make deposits of Increment
29 Revenues to the Redevelopment Trust Fund each F'JSCal Year in accordance with the Plan.
30 (c) The DDB does hereby represent and warrant to the Agency and the City that it
31 has all requisite power. authority. and authorization to enter into this Agreement, lias taken all
32 n~essary actions required to enter into this Agreement, and to fulfill any and all of its obliga-
11 Downtown A1lJone, llIIuIoaI1 Afne11u1Jl
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HOUAND & KNIGHT October 22, 1997 DRAFl
1 tions, duties and responsibilities required of it by this Agreement, whether exercised individually
2 or collectively.
3 SECTION 14. ~NDMENTS. This Agreement may be amended only by the mutual
4 wriucn agreement of the City, the DDS, and the Agency at any time and from time to time, and
5 such- amendment shall take become effective until tiled in the same manner as the original filing
6 of this Agreement pursuant to Section 19.
7 SECTION 15. TIDS AGREEMENT CONSTITUfES A CONTRACT. In
8 consideration of the acceptance of their mutual duties, obligations, and responsibilities
9 hereunder, this Agreement shall be deemed to be and shall constitute a contract between the
10 City, the DDB, and the Agency.
11 SECTION 16. SEVERABILITY. If any one or more of the covenants, agreements or
12 provisions of this Agreement shall be held contrary to any express provision of law or contrary
13 to any policy or express law, although not expressly proluoited, or against public policy, or shall
14 for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall
15 be null and void and shall be deemed separate from the remaining covenants, agreements or
16. provisions of this Agreement.
17 SECI'ION 17. CONTROLLINGLAW. All covenants, stipulations, obligations, and
18 agreements of the City, the DDB and the Agency contained in this Agreement shall be deemed
19 to be covenants, stipulations, obligations and agreements of each of the City, the DDD, and
20 Agency J respectively, to the full extent authorized by the Act and provided by the Constitution
21 or the laws of the State of Florida. A11y and aU provisions of this Agreement and any
22 proceedings seeking to enforce or cballenge any provisions of this Agreement shall be governed
23 by the laws of the State of Florida. Venue for any proceerliug perbinilJg to this agreement shall
24 be Pinellas CoUJ1ty, Florida.
25 SECTION 18. ~MEMBER LIABILf[X. No covenant, stipulation. obligation or
26 agreement contained herein shall be deemed to be a covenant, stipulation, obligation or
27 agreement of any present or future member of the governing body or agent or employee of the
28 City, the DDB, or the Agency in its, his or their individual capacity, and neither the members
29 of the City Commission or the governing body of the DDB or the Agency t nor any official
30 executing this Agreement shaD be liable personally or shall be subject to any accountability for
12 Downtow" A/lJQnc, llllul<<tzl AInlmml
,\
HOlLAND & KNIGHT October 22, 1991 DRAn'
1 reason of the execution by the City, the DDB, or the Agency of this Agreement or any act
2 pertaining thereto.
3 SECTION 19. ~INQ. The Clerk of the City is hereby authorized and directed after
4 approval of this Agreement by the City Commission, and the governing bodies of the DDB, and
5 the Agency and the execution thereof by the duly qualified and authorized officers of each of
6 the parties bereto, to file this Agreement with the Clerk of the Circuit Court of PineUas County.
7 Rorida, in accordance with Section 163.01(11), Florida Statutes.
8 SECTION 20. ASSIGNMENT. No party to this Agreement may assign, sell, transfer,
9 convey, or give any or aU of its rights, duties, obligations, and responsibilities under this
10 Agreement, without the prior written approval and consent of the other parties.
11 SECTION ZI. CITY COMMISSION FINAL APPROVAL. The City Commission,
12 as the eJected body representing the citizens of the City, shall have final approval for the
13 incurring of any debt or other financial obligations by the Alliance the maturity or expiration of
14 which is beyond the Flscal Year in which initially incurred and shall also have final approval
IS for the exercise of the power of eminent" domain by the Alliance or any other party to this
16 Agreement where. such obligations or exercise are for purposes of implementing the
17 Redevelopment Action Program for any FIScal Year. In addition to the approval of the City
18 Commission, the governing board of the DDS shall approve any debt or financial obligation of
19 the Alliance the maturity or term of which extends beyond one F1SCal Year.
20 SECTION 22. ~IRATIQN DATE. It is the intent of the parties hereto that the
21 term of this Agreement should continue for DO longer than the time the Plan is in effed.
22 Accordingly. unless earlier terminated by the parties or extended by mutual agreement of the
23 parties by adoption and execution of aU amendment to this Agreement or a subsequent interJoal
24 agreement, this Agreement shall expire on [Should 1M expiration date of
2S the Agreement be the sanu as the expiration do.te 01 tile Plan as QI Jlae Effective Dat, of tire
26 Agreement?}, or such other earlier date when the Plan expires or is repealed. The parties to this
27 Agreement may not terminate this Agreement prior to its scheduled date of expiration if any debt
28 or other obligations of the Alliance remain then outstanding or will remain outstanding as of the
29 proposed date of earlier termination unless and until the parties have provided for the payment
30 or assumption by one or all of them to any valid debt or other obligations of the Alliance.
13 DoW1Jlotlll AllUm" Int,rltJCDI A,nll1ll1ll
,
,
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.
H01..lAND & KNIGHT October 22, 1997 DRAF1'
I
i
1
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1 SECTION 23. ~. This Agreement may be terminated prior to its
2 expiration by (i) mutual agreement of all the parties hereto; or (ii) upon the failure of any party
3 hereto to appropriate funds to the Alliance for any F'a.scal Year u contemplated by this
4 Agreement, in which case any party to this Agreement may, by notice to the other parties.
5 terminate the Agreement. In the event of a termination of this Agreement, any assets or
6 property of the Alliance and any liabilities or obligations of the Alliance sba11 be disposed of or
7 . transferred to the parties hereto pro rata based on the aggregate amount of funds contributed by
8 each party to the Alliance during the term of the Agreement or as may otherwise be agreed to
9 by the parties.
10 SECTION 24. EFFECTIVE DATE. This Agreement shall become effective
11 immediately upon the execution by the appropriate officers of the City, the DDB, and the
12 Agency, and upon tiling of this Agreement with the Clerk of the Circuit Court of PineUas
13 County, Florida, as required by Section 163.01(11), Florida Statutes. The date of such filing
14 shall constitute the Effective Date of this Agreement.
IS IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
16 entered into this Interloca1 Agreement o.~. the date and year first above written.
17
18
CITY OF CLEARWATER, FLORIDA
(Seal)
19 ArrEST:
20
21
By:
City Clerk
Mayor
14 DoWnhJWII Al1JanCf 1ntvI<<tIl A,reunat
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HOllAND & KNIGHT October 22, 1991 DRAFI'
1 COMMUNITY REDEVELOPMENT AGENCY
2 OF THE CITY OF CLEARWATER, FLORIDA
3 . A TIEST:
4
5
By:
Secretary
Chairman
.
6 Approved as to form:
7
8 City Attorney
12
13
By:
Secretary
Chairman
14 STATE OF FLORIDA
IS COUNTY OF PINELLAS
16 The foregoing instrument was acknowledged before me this _ day of
17 , 1997, by ______. Mayor and City Cerle. respectively, of the
18 City of Clearwater. Florida, OD behalf of the City.
19
20
21
My commission expires:
Notary Public
(NOTARY SEAL)
IS DoWnlon Allianu IntuItJctIl A,ntlMlll
"
,
)
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.
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HOllAND & KNIGHT Octo1Je,. 22, 1997 DRAFT
.
1 STATE OF FLORIDA
2 COUNTY OF PINELLAS
3 The foregoing instrument was acknowledged before me this _ day of
4 , 1997, by and . Chairman and Secretary ,
, respectively, of the Community Redevelopment Agency of the City of Clearwa~r. Florida, on
(; behalf of the Agency. .
7
8
9
My commission expires:
Notaly Public
(NOTARY SEAL)
10 STATE OF FLORIDA
11 COUNTY OF PINELLAS
12 The foregoing instrument was acknowledged before me this _ day of
13 , 1997. by and , Chainnan and Secretary,
14 respectively, of the Downtown Development Board of the Gity of Clearwater, Florida, on behalf
15 of the Board.
16
11
. 18
MyconunissioD expires:
Notary Public
(NOTARY SEAL)
19 OR.L-l97117 .5\701\39811-3
20 October 22. 1997
16 Downtown AlllanCll~trlocol A,nemenl
)
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. Item N: ~J;~i~~;~],,,!:\~j
Meetmg Date: i' v\.L.w.. lv, ~..rz
~!:~\~{V!.)~;G~t;~JS;~{,:~
Community Redevelopment
Agency
Agenda Cover Memorandum
SUBJECT:
Cash contribution to Saturday in the City, Inc., Downtown Farmer's Market
RECOMMENDA liON/MOTION:
Approve cash contribution to Saturday in the City, Inc., Downtown Farmer's Market for a not to exceed
amount of $3,292, in conjunction with in-kind services provided by City departments in the amount of
$1,708.
IE and that the appropriate officials be authorized to execute same.
BACKGROUND:
~ The first Farmer's Market opened February, 1996.
. Farmer's Market received a Cash Contribution in the amount of $5,000 and an in-kind contribution of $1,109
from the City for 1996/1997.
. On 11/6/97, the City Commission recommended that the Community Redevelopment Agency (CRA) consider
a cash contribution to Saturday in the City.
. This contribution will be made in conjunction with in-kind City services totaling $1,708.
. It is recommended that the CRA contribute $3,292 to the Downtown Farmer's Marker for expenses which will
be incurred during the 1997/1998 season.
" Funding will be provided by a first quarter amendment transferring $3,292 from the CRA promotional budget
to Special Program project 181-99930, Saturday in the City, established for this purpose.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
$3,292.00
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Originating Department:
Costs:
N/A
User Department:
Total
$3,292.00
Current Fiscal Year
Funding Source:
o Capital Improvement:
o Operating:
X Other: CRA
Attachments:
City Manager
o Printed on recycled paper
Advertised:
Date:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
o None
Submitted by:
Appropriation Code
181-99930
~.
"
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