INTERLOCAL AGREEMENT TO PROVIDE FOR THE DOWNTOWN DEVELOPMENT BOARD'S CONTRIBUTION TO THE PROPOSED FACILITIES (2)INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this �
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day af �f�s�r�b.c� , 2011, 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 Baard (DDB), a special district organized and operating pursuant ta
the ordinances and laws of the City of Clearwater.
WHEREAS, Flarida Statutes 163.387 requires all taxing authorities ta
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 autharity within the meaning of the
statute; and
WHEREAS, the CRA and the DDB in the spirit of coaperation desire to
offer the downtown constituents the opportunity to utilize mare 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 pragrams; and
WHEREAS, the CRA and the DDB desire ta enter into an Interlocal
Agreement outlining the scope of services and responsibilities of the parties; and
WHEREAS, the DDB desires to financially support the canstruction debt
service, operation, and maintenance of the boat slips, docks, boardwalk,
pramenade 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 far the DDB's
contribution to the Praposed Facilities; and
WHEREAS, the CRA and the DDB wish ta 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 Redevelapment Plan, in return far an amount equal to the
difference between the increment payment of $144,252.00 and the $62,170.00
the DDB pays the CRA for administration.
� 2011-12 CRA/DD8 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,
2Q11 thraugh September 30, 2012.
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, cammonly referred to
as the tax increment payment, be used to advance the goals and objectives of
the Downtown Redevelopment Plan. The CRA shall retain $62,170.00 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 perfarmance of
certain responsibilities and functions consistent with and in furtherance of the
Dawntown 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 af the DDB to provide for a contribution over 10 years in an amount not to
exceed $500,000.00, to the cost of construction debt service, operatian, and
maintenance of the Proposed Facilities.
Section 3. Resoonsibilities of the DDB.
Function:
a. Collaborate with the CRA on prajects and programs, which
succeed in bringing businesses and residents into the
dawntown 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,
promate 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 far DDB members
2 2011-12 CRA/DpB Interlocal Agreement
b. All DDB funds will be kept in the Ciiy's bank account and will be
segregated far accaunting purposes in the City's records as a
separated, interest-eaming 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
ta each meeting
f. Prepare meeting notices far 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 follaw up on the calls
j. Handle any special mailing notices
k. Serve as caardinator for the DDB special activities
I. Administer the Retail and Restaurant Recruitment Grant,
Fa�ade Improvement and the Sidewalk Cafe 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, cantracts 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 fihe annual election process in cooperation with the
Pinellas Caunty 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 21$.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 Sp�cial District Information Program
x. Comply with the State af Florida Department of Insurance
Treasurer's Public Depositor Annual Report
y. Coordinate financial disclosure requirements of the State of
Florida Commission on Ethics
2011-12 GRA/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 $62,170.00.
Secti�n 6. Contribution by DDB. The DDB shall con#ribute $50,0OO.OD
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 $50,000.00 a year for 10 years for a total not to exceed $500,000.00,
subject to annual approval of future agreements. DDB made the first payment of
$50,000.00 in April 2007, and subsequent yearly payments of $50,OOQ.00 in April
20p8, August 2009, January 2010 and January 2011. 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 mail�d as
follows:
Chairperson, Board af 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 2011-12 CRA/DDB Interlocal Agreement
IN WITNESS WHERE�F, the parties hereta, or their lawful representative,
have executed this agreement as the date first above written.
Approved as to form:
�
Pamela K. kin
City Attorney
COMMUNITY REDEVELOPMENT AGENCY
BY: ��
Chairperson, Board of Trustees
Frank Hibbard
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Attest: `,,,�,��;�-°��������%,,,`_
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Rosemarie Call
City Clerk
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DOWNTOWN DEVEL�PMENT BOARD
BY:
David Allbri on, Chairpersan
2011-12 CRA/�DB Interlocal Agreement