INTERLOCAL AGREEMENT RE THE DOWNTOWN WATERFRONTINTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this
day of Seravrhay 2010, by and between the Community
Redevelopment Agency of the City of Clearwater, Florida (CRA), a
redevelopment agency established pursuant to law, and the Downtown
Development Board (DDB), a special district organized and operating pursuant to
the ordinances and laws of the City of Clearwater.
WHEREAS, Florida Statutes 163.387 requires all taxing authorities to
make an annual appropriation in an amount equal to the incremental increase in
the ad valorem revenue within the CRA area; and
WHEREAS, the DDB is a taxing authority within the meaning of the
statute; and
WHEREAS, the CRA and the DDB in the spirit of cooperation desire to
offer the downtown constituents the opportunity to utilize more efficiently the
public dollars collected for each entity; and
WHEREAS, the CRA and the DDB have a special obligation to ensure
wise and sound administration of the programs; and
WHEREAS, the CRA and the DDB desire to enter into an Interlocal
Agreement outlining the scope of services and responsibilities of the parties; and
WHEREAS, the DDB desires to financially support the construction debt
service, operation, and maintenance of the boat slips, docks, boardwalk,
promenade and related facilities proposed to be constructed in the Downtown
Waterfront ("Proposed Facilities"); and
WHEREAS, the CRA and the DDB wish to enter into an Interlocal
Agreement pursuant to Florida Statutes 163.01, in order to provide for the DDB's
contribution to the Proposed Facilities; and
WHEREAS, the CRA and the DDB wish to enter into an Interlocal
Agreement pursuant to Florida Statues 163.01, in which the DDB agrees to
perform certain responsibilities and functions consistent with and in furtherance
of the Downtown Redevelopment Plan, in return for an amount equal to the
difference between the increment payment of $162,352 and the $62,170 the
DDB pays the CRA for administration.
1 2010-11 CRA/DDB Interlocal Agreement
NOW THEREFORE, in consideration of the covenants made by each
party to the other and of the mutual advantages realized by the parties hereto,
the DDB and the CRA agree as follows:
Section 1. Term. The term of this Interlocal Agreement will be October 1,
2010 through September 30, 2011.
Section 2. Intent. It is the intent of the parties that the moneys paid to
the CRA by the DDB pursuant to Florida Statutes 163.387, commonly referred to
as the tax increment payment, be used to advance the goals and objectives of
the Downtown Redevelopment Plan. The CRA shall retain $62,170 to offset the
cost of administration of the DDB as further described herein. The remaining
money shall be returned to the DDB by the CRA in exchange for performance of
certain responsibilities and functions consistent with and in furtherance of the
Downtown Redevelopment Plan, by the DDB. Further, with the approval of the
Proposed Facilities by the voters at referendum on March 13, 2007, it is the
intent of the DDB to provide for a contribution over 10 years in an amount not to
exceed $500,000, to the cost of construction debt service, operation, and
maintenance of the Proposed Facilities.
Section 3. Responsibilities of the DDB.
1. Function:
a. Collaborate with the CRA on projects and programs, which
succeed in bringing businesses and residents into the
downtown district
b. Focus on business and enterprise development, job creation
and initiatives related to increasing income and employment
opportunities
c. Encourage public-private partnerships to promote business
relocation and expansion
d. Market, promote and assist with business recruitment
e. Interact with constituents and facilitate activities that sustain,
promote and advance downtown revitalization
f. Be active in the administration of downtown initiatives
g. Develop short- and long-term strategies, define roles and assign
responsibilities to implement those strategies
Section 4. Responsibilities of the CRA.
1. Scope of Duties. The services that the CRA will provide are:
a. Prepare correspondence for DDB members
2 2010-11 CRA/DDB Interlocal Agreement
b. All DDB funds will be kept in the City's bank account and will be
segregated for accounting purposes in the City's records as a
separated, interest-earning fund
c. Assist with preparation and monitoring of the annual budget and
prepare amendments as necessary
d. Prepare monthly financial reports
e. Prepare agendas and distribute packets to DDB members prior
to each meeting
f. Prepare meeting notices for monthly and special DDB meetings
g. Attend meetings and supervise work of Board Reporter who
records and transcribes minutes
h. Coordinate the DDB Promotion and Business Visitation
Committee meetings
i. Handle all phone inquires and follow up on the calls
j. Handle any special mailing notices
k. Serve as coordinator for the DDB special activities
1. Administer the Retail and Restaurant Recruitment Grant,
Facade Improvement and the Sidewalk Caf6 Furniture Grant
programs
m. Assist in looking into other incentive options to improve
downtown properties and implement projects funded or initiated
by the Board
n. Assist with promoting design related programs to the downtown
community
o. Manage loans, contracts and all applicable documents
p. Coordinate field trips and travel arrangements in accordance
with the City of Clearwater Travel and Meals Policy
q. Other administrative duties as mutually agreed
r. Coordinate the annual election process in cooperation with the
Pinellas County Supervisor of Elections
s. Act as a Liaison to the Pinellas County Property Appraiser,
Pinellas County Tax Collector, and DDB legal counsel: Elise K.
Winters, P.A.
t. Assure that the annual audit is conducted in compliance with
State of Florida Auditor General
u. Comply with State of Florida Tax Increment Millage Compliance
with Chapter 200, Florida Statutes, Sections 218.23, 218.63,
Florida Statutes (TRIM)
v. Comply with the Florida Department of State Information
Services Records Disposition Act
w. Comply with the State of Florida Department of Community
Affairs Special District Information Program
x. Comply with the State of Florida Department of Insurance
Treasurer's Public Depositor Annual Report
y. Coordinate financial disclosure requirements of the State of
Florida Commission on Ethics
2010-11 CRA/DDB Interlocal Agreement
Section 5. Compensation. In return for the above services, the CRA
shall pay to the DDB this difference upon receiving the increment payment from
the DDB. The budget for the CRA for services listed in Section 4 above shall be
as follows.
Personnel and Administration $62,170
Section 6. Contribution by DDB. The DDB shall contribute $50,000
toward the cost of construction debt service, operation, and maintenance of the
Proposed Facilities. Said payment shall be made upon request of and at the
direction of the CRA. It is the intent of the parties that the DDB shall contribute
up to $50,000 a year for 10 years for a total not to exceed $500,000, subject to
annual approval of future agreements. DDB made the first payment of $50,000
in April 2007, and subsequent yearly payments of $50,000 in April 2008, August
2009 and January 2010. Due to the economy, the City determined that it is not in
the best interest of the City and the taxpayers to borrow funds for construction of
the boat slips. Instead, the City is paying for the majority of the construction
costs from City reserves and any of the annual DDB contribution not needed for
operations of the boat slips, will be used to reimburse the City for the cost of
construction.
Section 7. Notice. Any notice by either party to the other pursuant to the
Interlocal Agreement shall be given in writing and hand-delivered or mailed as
follows:
Chairperson, Board of Trustees
Community Redevelopment Agency
112 S. Osceola Avenue
Clearwater, Florida 33756
Chairperson
Downtown Development Board
Post Office Box 4748
Clearwater, Florida 33758-4748
Section 8. Entire Agreement. This document embodies the whole
Agreement of the parties. There are no promises, terms, conditions or
allegations other than those contained herein. This Agreement shall be binding
on the parties, their successors, assigns and legal representatives.
Section 9. Filing Effective Date. As required by Section 163.01(11),
Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the
Circuit Court of Pinellas County after execution by the parties, and shall take
effect upon the date of filing.
4 2010-11 CRA/DDB Interlocal Agreement
IN WITNESS WHEREOF, the parties hereto, or their lawful representative,
have executed this agreement as the date first above written.
Approved as to form:
P
Pamela K. Akin
City Attorney
COMMUNITY REDEVELOPMENT AGENCY
BY:
Chairperson, Board of Trustees
Frank Hibbard
Attest:
Rosemarie Call
04'"
City Clerk
DOWNTOWN DEVELOPMENT BOARD
BY:
David Allbritton, Chairperson
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5 2010-11 CRAMS Interlocal Agreement