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SPRINGTIME CITY KIWANIS CLUB/RESURFACE C.W.H.S. TRACK ~ ~";,,,":"---,, '': J I A G R E E MEN T THIS AGREEMENT, made and entered Into thIs ? 7t-h day of M::Irrn , A.D., 1985, by and between the CITY OF ClEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the SQ-IOOl BOARD OF PI NEllAS COUNTY, here I nafter referred to as "Board"; WIT N E SSE T H: WHEREAS, the City Is desIrous of assisting the SprIngtIme CIty Kiwanis Club In theIr effort to raise money to resurface the running track at Clearwater HIgh School; and WHEREAS, the Board Is wll ling to al low the Springtime CIty KiwanIs Club to assIst In resurfacIng the runnIng track at Clearwater HIgh School; and WHEREAS, the City does not have available funds to assist the Springtime City Kiwanis Club; and WHEREAS, the Board Is wll ling to advance the CIty funds to assist the Springtime City Kiwanis Club In this project; and WHEREAS, the Board Is wll ling to accept repayment of the monies advanced to the City over the next five years. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS herein contained, the Board agrees to advance the City, TEN THOUSAND DOllARS ($10,000,00) according to the fol lowing terms, conditions and covenants: I 1. That,the Board shal I advance the City $10,000,00, Interest free, upon execution of this agreement. 2. That the CIty wll I repay the sum of $10,000,00 In $2,000,00 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 may 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 obligation should not be considered a general obligatIon of the CIty. 4. That the City shal I have the right to prepay the advanced funds at any tIme prior to JANUARY 31, 1990. ('~~ -' , - .' --~':.,~ i:,,~'__.('"'- ,. '- . ..-"', " ,-',,';P( ,~; 1: (~. ,n Page One , (~I"l 'l /') (? 1--; , _/I'~' -{ , U ,--' '--"'-'1 , , ,.,_,c'.,. . I I 5. That If the CIty fall s 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, pi us 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: IJk 1/ ciJ- Mayor-Canm I ss loner B = Approved as to form: Attest: i~~ 3~~ CIty Attorney Gt&: L. L~:( : . '_ ._'''--'''-~. - :- City Cle:::~ ~- - Date: . . '. . .'"'Jmf2kjggs WItnesses: 'EJ-'<: [2JJ '5>7 ~1%';t7"'J O:Cm".~ As to CIty THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA Approved as to form: School Board Attorney By ~Q: ~ Cha I rman Witnesses: C\ '. . .~ Attest: ~?/ (?~ Se&etary Date: :Y2 7/,5"S~ / / hool Board /lg(bsl10p) Page Two r ~,~ ) I CITY OF CLEARWATER CITY KNOW ALL MEN BY THESE PRESENTS that the CITY OF CLEARWATER, ~LORIDA, (hereinafter called "City"I, for value received, hereby promlses to pay to THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, tneHolder of this Note, from revenue derived from swimming charges and/or recreation rentals, the principal sum of Ten Thousand Dollars ($10,000.001. 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 $10,000.00 issued to finance the cost of assistance to the Spring- time City Kiwanis Club in resurfacing the running track at Clearwater High School 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 of Ordinance 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 is subject to all 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 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 upon the Project, or any part thereof, or on any other property of or in the City, but shall be payable from revenue derived from swimming charges and/or recreation rentals in the manner provided in the Ordinance. The agreement to pay from revenue derived from sWlmmlng charges and/or recreation rentals described by the City under the Ordinance ~ , ~-~ J I may be discharged at or prior to the maturity or redemption of the 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 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 28th day of June 1985. CITY OF CLEARWATER, FLORIDA Countersigned: By /s/ Anthony L. Shoemaker City Manager Vice /s/ Rita Garvey Mayor-Commissioner Attest: /s/ Lucille Wi11i~m~ City Clerk Approved as to form and correctness: /s/ Frank Kowalski Acting City Attorney -2- I ORDINANCE NO. 3973-85 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF A NOTE NOT EXCEEDING $10,000 TO BE KNOWN AS THE "RUNNING TRACK IMPROVEMENT NOTE OF THE CITY OF CLEARWATER, FLORIDA", FOR THE PURPOSE OF ASSISTING THE SPRINGTIME CITY KIWANIS CLUB IN RESURFACING THE RUNNING TRACK AT CLEARWATER HIGH SCHOOL; 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 CLEAR1i,ATER, FLORIDA: ARTICLE I AUTHORITY, DEFINITIONS AND FINDINGS Section 1.01 AUTHORITY FOR ORDINANCE. This ordinance is adopted pursuant to the provisions 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 nave the following meanings herein, unless the text otherwise expressly requ,ires: 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 Springtime City Kiwanis Club in resurfacing the running track at Clearwater High School. C. "Holder of Obligation" shall mean the School Board of Pinellas County, Florida. D. "Project" shall mean the resurfacing of the running track at Clearwater High School. Section 1.03 FINDINGS. It J.S hereby ascertained, determined and declared that: A. The Issuer now operat2s a park and recreation department in the City of Clearwater, Florida, and provides parks and recrea- tion services to the residepts of Clearwater. B. It is desired to assist the Springtime City ~iwanis Club in resurfacing the running track at Clearwater Hign School 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 the Issuer. -1- c, The princiPal of the Obligation shall bl payble 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 ther~in 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 Springtime City Kiwanis Club and pinellas County School Board in resurfacing the running track at Clearwater High School, which shall be used by the s~hool system and which will be available for use from time to time to members of the public and for City-sponsored events. The participation of the City of Clearwater in the project shall be in the principal sum of 'ren Thousand Dollars ($10,000.00), which shall be advanced by the pinellas County School Board and which will be repaid by the City from revenue derived from swimming charges and/or recreational rentals, over a period of five (5) years at Two Thousand Dollars ($2,000.00) 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 "Running Track Improvement 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 Ten Thousand Dollars ($10,000.00). 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 Two Thousand Dollars (~2,000.00), due January 31 of each year beginning 1986 and ending 1990. Such Obligation shall be issued on a note form as provided here- in; shall be payable to bearer with respect to principal as provided herein and in lawful money of tne united States of America. Section 2.04 EXECUTION OF OBLIGATION. The obligation 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 -2- I I 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 Attornev. In case any officer whose signature shall appear on any Obligation shall cease to be such officer beforB 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. The 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 1:0 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 Ten Thousand Dollars ($10,000.00). Principal on this Note shall be due and payable in lawful money of the United States of Nnerica at This Note is a single authorized obligation in the amount of $10,000.00 issued to finance the cost of assistance to the Spring- time City Kiwanis Club in resurfacing the running track at Clearwater High SCi100l 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 of Ordinance 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 Co~~ission of the City of Clearwater on the day of , 1985, and is subject to all the terms and conditions of such ordinance. -3- I I This Note may be redeemed at any time prior to maturity, at the option of the Issuer. This Nc,te 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 upon 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 and/or recreation rentals in the manner provided in the Ordinance. 'rile 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 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 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- I I ARTICLE III SOURCE OF PAYMENT OF OBLIGATION Section 3.01 SOURCE OF PAYMENT. The Obliga~ion 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 taxation 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, ~he 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 the full amount of principal then due on the Obligation or a separate deposit of the principal payment in 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 contrary to any express provision of law or contrary to ~he 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- I I covenants, agreements or provisions and shall 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 ~xecution 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 is - 1 985 PASSED ON SECOND AND FINAL READING AND ADOPTED Tune 20. 1985 / s / Rita Garvey Vice Mayor-Commissioner Attest: / s / Lucille Williams City Clerk -6-