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CLEARWATER AQUATIC BOOSTERS/BOBBY WALKER MEMORIAL POOL .. 1 I '~~,-- '- ':':'-'. A G R E E MEN T THIS AGREEMENT, made and entered Into this 27th day of March , A.D., 1985, by and between the CITY OF CLEARWATER, FLORIDA, a municIpal corporation, hereinafter referred to as "City", and the SCHOOL BOARD OF PINELLAS COUNTY, hereinafter referred to as "Board"; WIT N E SSE T H: WHEREAS, the City Is desirous of assisting the CLEARWATER AQUATIC BOOSTERS In their effort to build shower and locker facilities at the Bobby Walker Memorial Pool; and WHEREAS, the Board is wll I ing to al low the CLEARWATER AQUATIC BOOSTERS to build said shower and locker facilities at the Bobby Walker Memorial Pool; and WHEREAS, the City does not have available funds to assist the CLEARWATER AQUATICS BOOSTERS; and WHEREAS, the Board Is wil ling to advance the City funds to assist the CLEARWATER AQUATIC BOOSTERS In this project; and WHEREAS, the Board Is wil I ing to accept repayment of the monies advanced to the City over the next five years. NON, THEREFORE, IN CONSIDERATION OF THE COVENANTS herein contained, the Board agrees to advance the City, TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) according to the fol lowing terms, conditions and covenants: 1, That the Board shal I advance the City $25,000.00, Interest free, upon executIon of this agreement, 2. That the City wil I repay the sum of $25,000.00 In $5,000.00 annual payments, with said payments due on or before January 31 of each year, Payments shal I commence In 1986 with the final payment In 1990. 3. That the City wil I repay the advanced funds from revenue derIved from swimming charges and/or recreation rentals, No claim may be made on the ad valorem tax revenues of the City and this obi igatlon should not be considered a general obi igation of the City. 4. That the City shal I have the rIght to repay the advanced funds at any time prior to JANUARY 31, 1990. c (, =- - t~--L-'^'__ ~-Lp , ~: ....,;:; r ", (( -' ) Page One c !to, --... -.0:-.- '" "., I I 5. That if the CIty falls to make a payment as and when due, the Board may bring an action against the City to recover any and al I unpaid funds, plus interest, from the date of default Including court costs and attorney's fees incurred for the trial of the case and appeals, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. CountersIgned: ~ U W- Mayor-Comm I ss loner By Approved as to form: Attest: 4 ~4-~~ CI Attorney - , ,- -- -- -, :~~>::- " -- ......- "';&.~r-~tv'.t,.i .~. ..J ~ ~/ . ClerK'.. City ./ Date: 'IJUllt'Zo~i??}:- . . WItnesses: o .(?~.. ' # ""-' As to CIty THE SCHOOL BOARD OF PI NELLAS COUNTY, FLOR I DA Approved as to form: School Board Attorney By df/vLI'//' ~ ChaIrman Attest: --v&I ?/ 6?~ Date: Secretary Y2-Ws~ I / Ilg(bs111p) Page Two " CITY OF CLEARWATER NOTE KNOW ALL MEN BY THESE PRESENTS that the CITY OF CLE1"RWATER, I I FLORIDA, (hereinafter called "City"), for value received, hereby promlses to pay to THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, the Holder of this Note, from revenue derived rrom swimming charges and/or recreation rentals, the principal sum of Twenty-rive Thousand Dollars ($25,000.00)_ Principal on this Note shall be due and payable in lawful money of the united States of America at This Note is a single authorized obligation In the amount of $25,000.00 issued to finance the cost of assistance to the Clearwater Aquatic Boosters in building shower and locker facilities at Bobby Walker Memorial Pool under the authority of and in full compliance with the Constitution and Statutes or the State of Florida, including Section 41.11 of the Code of Ordinances of the City of Clearwater, Florida, Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and an ordinance duly enacted by the City Commission of the City of Clearwater on the 20th day of June, 1985, and lS subject to all the terms and conditions of such ordinance. This Note may be redeemed at any time prior to maturity, at the option of the Issuer. This Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision of limitation of indebtedness and it is expressly agreed by the Holder of this Note that such Holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the City for the payment of the principal on this Note. It lS further agreed between the City and the Holder of this Note that this Note and the Obligation it establishes shall not constitute a lien upon the Projectr or any part thereof, or on any other property of or in the City, but shall be payable from revenue derived from s\.,7imming charges and/or recreation rentals In the manner provided in the Ordinance. The agreement to pay from revenue derived from swirnmlDg cha.rges and/or recreation rentals described by the City under the Ordinance may be discharged at or prior to the maturity or redemption of th . . c I I Note upon the making of provision for payment thereof on the terms and conditions set forth in the Ordinance. All acts, conditions and things required to exist, to happen and to be performed precedent to and ln the issuance of this Note, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and the issuance of this Note does not violate any constitutional, statutory or ordinance limitation or provision. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Note and has caused the same to be signed by its City Manager, countersigned by its Mayor-Commissioner, and the corporate seal to be affixed and attested by its City Clerk, all as of th~8Th day of Jl1np 1985. CITY OF CLEARWATER, FLORIDA By /s/ Anthony L. Shoemaker City Manager Countersigned: /s/ Rita Garvev vice Mayor-Commissioner Attest: Approved as to form and correctness: /s/ Lucille Williams City Clerk Acting /s/ Frank Kowalski City Attorney -2- .~. k' -r.' ,'.-' ,., '.,<;.-- I ORDINANCE NO. 3984-85 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF A NOTE NOT EXCEEDING $25,000 TO BE KNOWN AS 'rHE "SHOWER AND LOCKER FACILITIES NOTE OF THE CITY OF CLEARWATER, FLORIDA", FOR THE PURPOSE OF ASSISTING THE CLEARWATER AQUATIC BOOSTERS IN. BUILDING SHOWER AND LOCKER FACILITIES AT BOBBY WALKER MEMORIAL POOL; AGREEING TO PAY SUCH NOTE FROM REVENUES DERIVED FROM SWIMMING CHARGES AND/OR RECREATION RENTALS; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ARTICLE I AUTHORITY, DEFINITIONS AND FINDINGS Section 1.01 AUTHORITY FOR ORDINl\NCE. This ordinance is adopted pursuant to theprovisions of Section 41.11 of the Code of Ordinances of the City of Clearwater, Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. Section 1.02 DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: A. "Issuer" shall mean the City of Clearwater, Florida. B. "Obligation" shall mean the note herein authorized to be issued for the purpose of assisting the Clearwater Aquatic Boosters in building shower and locker facilities at Bobby Walker Memorial Pool. C. "Holder of Obligation" shall mean the School Board of pinellas County, Florid&. D. "Project" shall mean the building of shower and locker facilities at Boboy Walker Memorial Pool. Section 1.03 :t'INDINGS. It is hereby ascertained, determined and declared that: A. The Issuer now operates a park and recreation department In the City of Clearwater, Florida, and provides parks and recrea- tion services to the residents of Clearwater. B. It is desired to assist the Clearwater Aquatic Boosters in building shower and locker facilities at Bobby Walker Memorial Pool with the approval of the School Board of Pinellas County, Florida, which shall be for the public health, safety and welfare of the inhabitants of ~he Issuer. -1- ~ "!'~ C. The princiPa~ of the Obligation shall Ie payable solely from revenue derived from swimming charges and/or recreation rentals. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of the Obligation and such Obligation shall not constitute a lien upon any property of or in the Issuer. ARTICLE II AUTHORIZATION, TERMS, EXECUTION Section 2.01 AUTHORIZATION OF ACQUISITION OF PROPERTY. There is hereby authorized assistance to the Clearwater Aquatic Boosters and the Pinellas County' School Board in building shower and locker facilities at Bobby Walker Memorial Pool, which shal: be used by the school system and which will be available for use from time to time by members of the public and for City-sponsored events. The participation by the City of Clearwater in the project shall be in the principal sum of Twenty-five Thousand Dollars ($25,000.00), which shall be advanced by the pinellas County School Board and which will be repaid by the City from swimming charges and/or recreational rents, over a period of five (5) years at Five Thousand Dollars ($5,000.00) per year, interest free, payable on January 31 of each year with the final payment due on January 31, 1990. Section 2.02 AUTHORIZATION OF OBLIGATION. Subject and pursuant to the provisions hereof, an Obligation of the Issuer to be known as the "Shower and Locker Facilities Note of the City of Clearwater, Florida", herein referred to as "Obligation", is authorized to be issued in the aggregate principal amount of not exceeding Twenty- five Thousand Dollars ($25,000.00). Section 2.03 DESCRIPTION OF OBLIGATION. The Obligation shall be dated June , 1985, shall consist of a note of the Issuer payable in annual principal payments of Five Thousand Dollars ($5,000.00), due January 31 of each year beginning 1986 and ending 1990. Such Obligation shall be issued on a note form as provided herein; shall be payable to bearer with respect to principal as provided herein and in lawful money of the United States of America. -2- ~ Section 2.04 ~CUTION OF OBLIGATION. Th10bligation shall be executed in the name of the Issuer by its City Manager, counter- signed by its Mayor-Commissioner and its corporate seal or facsimile thereof shall be affixed thereto or reproduced thereon and attested by its City Clerk. The Obligation shall be approved as to form and correctness by its City Attorney. In case any officer whose signature shall appear on any Obligation shall cease to be such officer before the delivery of such Obligation, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 2.05 PROVISION FOR REDEMPTION. The Obligation may be made redeemable prior to its respective date of maturity, at the option of the Issuer. Section 2.06 FORM OF OBLIGATION. ~he Obligation shall be in substantially the following form, with such omissions, insertions and variations as may be necessary and desirable and which are herein authorized or permitted prior to the issuance of the Obligation: CITY OF CLEARWATER NOTE KNOW ALL MEN BY THESE PRESENTS that the CITY OF CLEARWATER, FLORIDA, (hereinafter called "City"), for value received, hereby promises to pay to THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, the Holder of this Note, from revenue derived from swimming charges and/or recreation rentals, the principal sum of Twenty-five Thousand Dollars ($25,000.00). Principal on this Note shall be due and payable in lawful Inoney of the United States of America at This Note is a single authorized obligation in the amount of $25,000.00 issued to finance tne cost of assistance to the Clearwater Aquatic Boosters in building shower and locker facilities at Bobby Walker Memorial Pool under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 41.11 of the Code ~f Ordinances of the City of Clearwater, Florida, Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and an ordinance duly enacted by the City Commission of the City of Clearwater on the day of , 1985, and is subject to all the terms and conditions of such ordinance. -3- ~'. . ",,.. <Ill[, _~ I I This Note may be redeemed at any time prior to maturity, at the option of the Issuer. This Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision of limitation of indebtedness and it is expressly agreed by the Holder of tnis Note that such Holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the City for the payment of the principal on this Note. It is further agreed between the City and the Holder of this Note that this Note and the Obligation it establishes shall not constitute a lien u?on the Project, or any part t~ereof, or on any other property of or in the City, but shall be payable from revenue derived from swimming charges ~nd/or recreation rentals in the manner provided in the Ordinance. The agreement to pay from revenue derived from swimming charges and/or recreation rentals described by the City under the Ordinance may be discharged at or prior to the maturity or redemption of the !)jote upon the making of provision for payment thereof on the terms ana conditions set forth in the Ordinance. All acts, conditions and things required to exist, to happen ana to be performed precedent to and in the issuance of this Note, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and the issuance of this Note does not violate any constitutional, statutory or ordinance limitation or provision. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Note and has caused the same to be signed by its City Manager, countersigned by its Mayor-Commissioner, and the corporate seal to be affixed and attested by its City Clerk, all as of the day of , 1985. CITY OF CLEARWATER, FLORIDA Countersigned: By City Manager Mayor-Commissioner Attest: Approved as to form and correctness: City Clerk City Attorney -4- " 1!.' ~ c I I ARTICLE III SOURCE OF PAYMENT OF OBLIGATION Section 3.01 SOURCE OF PAYMENT. 'The Obliga'tion herein authorized shall not be or constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory limitation of indebted- ness, but shall be payable solely from revenue derived from swimming charges and/or recreation rentals; provided that such agreement shall not constitute a lien on or a pledge of such funds. No Holder of the Obligation shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxa'tion in any form on real property for payment thereof, but the Obligation shall be payable only from the revenue derived from swimming charges and/or recreation rentals. Section 3.02 COVENANT TO GENERATE REVENUES. The City agrees to take such lawful action as may be available to it from time to time as will always provide revenues sufficient to payout of such funds as each installment becomes due, the principal of this Note. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.01 CANCELLATION. If, at any time, the Issuer shall have paid, or shall have made provision for payment of the principal with respect to the Obligation, then, and in that event, the agree- ment to pay from revenue derived from swimming charges and/or recreation rentals in favor of the Holder of the Obligation shall be no longer in effect. For purposes of the preceding sentence, a tender of tile full amount of principal then due on the Obligation or a separate deposit of the principal payment ~n a separate account shall be considered "provision of payment." Section 4.02 SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrar~ to any express provision of law or contrary to 'the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining -5- ....- .. covenants, agreeme1ts or provisions and shalt in no way affect the validity of any of the other provisions hereof or of the Obligation issued hereunder. Section 4.03 REPEALING CLAUSE. All ordinances or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 4.04 EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. Section 4.05 EXECUTION OF NOTE. Prior to the execution of the Note provided herein, the City Manager is authorized to make any insertion in this Ordinance necessitated by the execution of the Note. Section 4.06 ADVERTISEMENT. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. PASSED ON FIRST READING June 6, 1985 PASSED ON SECOND AND FINAL READING AND ADOPTED June za, 1985 Vice /s/ Rita Garvev Mayor-Commissioner Attest: /s/ Lucille Williams City Clerk -6-