INTERLOCAL AGREEMENT - CARPRO SITEINTERLOCAL AGREEMENT
(CarPro)
This INTERLOCAL AGREEMENT (the "Agreement"), made and entered into as of this
� day o�_�011, by and between the COMM[JNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA, a public body corparate and palitic of the State
of �'lorida (the "Agency"), and the CTTY OF CLEARWATER, �'LOR�DA, a Florida municipal
co�poration (the "City").
WITNESSETH:
WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and the
Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida
Statutes (the "Cooperatian Act"), to permit the Agency and the City to make the most efficient
use oi their respective powers, resources and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby to provide the property, facilities and services pravided for
in this Agreement in the manner that will best accard with the existing and anticipated resources
available to each of them and with geographic, economic, population and other factors
influencing the needs and developments within the dawntown community redevelopment area in
the corporate lirnits of the City and the area of operation of the Agency; and
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the
Agency and the City may exercise their respective powers, privileges and authorities which they
share in comrr►on and which each might exercise sepazately; and
WHEREAS, the Agency is responsible far the implementation of the redevelopment plan
for the redevelopment, rehabilitation and improvement of the community redevelopment area in
the City; and
WHEREAS, the City and the Agency desire to have an approximately �.28 mol acre site
located in the cammunity redevelopment axea in the downtown area of the City (the "Project
Site") redeveloped and rehabilitated by private sector development; and
WHEREAS, the City at�d the Agency are willing to cooperate and provide assistance to
each other and, to the extent permitted by law, assist the private development of the site, all in
such means and manner as will pramate the rehabilitation and redevelopment of the community
redevelopment area, benefit the local economy, and be of substantial benefit to the Agency and
the City; and
WHEREAS, the Agency has been established and is authorized to exercise its �owers
available under Part III, Chapter 163, Florida Statut�s, as amended (the "Redevelopment Act"), to
aid, assist and cause the acquisition of the Project Site arad make it available far sale, in whole or
in part, to private sector developers, and to aid, assist, and cause the development, design, and
construction of a project thereon; and
WHEREAS, the City is the custodian af certain funds and is acting as the "lending
institution" pursuant to the Srawn�ields Cleanup Revolving Loan Fund (`BCRLF") established;
and
WHEREAS, the City, in its Resolution No. 11-19 (attached as Exhibit "A") approved the
application of $325,440 of funds to be provided ta the City by the United States Environmental
Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund to
assist the CRA in connection with contracts entered into by the CRA far the enviranmental
clea.nup of the Project Site; and
WHEREAS, the City and the Agency aze now in agreement that it is rnore efficient �or
the City, rather tha�n the CR.A, to use its resources and capabilities to directly enter into the
contracts for environmental cleanup of the Project Site; and
WHEREAS, the City and the Agency further agree that the cleanup may exceed
$325,440, as provided for by Resolutian No. 11-19, and wish, in furtherance of accomplishing
the 'cleanup, to hereby provide that the parties agree that the City may allot additional monies in
its sole discretion in the form of a loan to the CRA, or, in the alternative, either the CRA or the
City may take on the iinancial responsibility to fund any such shortfall each in its sole discretian;
and
NOW, THEREFORE, in cansideration of the mutual covenants of this Agreement, the
Agency and the City agree as follows:
ARTICLE 1
AUTHORITY AND UBLIGATIONS
1.1 Authority to Contract. This Agreement is entered into pursuant to the provisions
of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163
Florida Statutes; Chapter 166, Florida Statutes; Resolution Na. 81-G8 of the City adopted on
August 6, 1981, and other applicable provisions of law, all as amend�d and supplemented from
time to time.
1.2 Original �'unding for the Cleanup and Authoritv for City to,. act_,on behalf of CRA
in contracting for Environrnental Se�rvices related thereto. The City shall pravide the Agency
funds from the City's BCRLF in the amount of $325,440 far the purpose of remediation of the
properiy known as the CarPro site, 1359 Cleveland Street, Clearwater, Florida, 33756, consisting
of appraximately 0.28 mol acres. Such �unds may only be used for the purposes stated in that
certain Cooperative Agreement between the City and the EPA, dated August 17, 1999
("Cooperative Agreement") in connection with the establishment of the BCRLF, as sumxnazized
in Exhibit 1 of Resolutian No. 11-19 (attached hereto and incorporated herein). The City also
agrees that it and/or the CR.A. shall provide in any contract far such environmental cleanup any
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language required by the EPA in connection therewith. Further, the City is hereby authorized
and directed to enter into any and all contracts necessary to fulfill the requirernents and
con.ditions of the EPA as contained in the Cooperative Agreement.
1.3 Authoritv tor the City andlor the CRA to fu�ad the cleanup in excess of the.ori�inal
amount allotted under City of ,Clearwater R�solution,. No. 11-19. The City and the CRA are
hereby collectively or individually authorized to fund the cleanup in excess of the $325,440
provided for in Resalution No. 11-19 each at its awn discretion. Further, the City may, in its sole
discretion, allot additional monies in the form of a loan to the CR.A.
ARTICLE 2
DEFINITIONS
2.1 Definitions. As used in this Agreeznent, the following ter�ns, when initially
capitalized, shall have the following meanings:
(a.) "Act" rneans Section 163.01, Florida Statutes, Part III, Chapter 163, Florida
Statutes, Chapter 166, Florida Statutes, Resolution No. 81-G$ of the City adopted on August 6,
19$1, and other applicable provisions of law, all as amended and supplemented.
(b.) "Agency" means the Community Redevelopment Agen.cy of the City, as created
by Resolution No. 81-68 of the City, adopted by the City Council on August 6, 19$1, including
any amendrnents thereto, and any successars or assigns thereto which can exercise
redevelapment pawers.
(c.) "Agreement" means this Interlocal Agreement b�tween the Agency and the City,
including any amendm�nts, revisions and exhibits thereto.
(d.) "Area" means the azea located within the carporate limits of the City having
conditions of slum and blight (as those conditians a�re defined in the Act) as found by the C'ity
Council in Resolution No. $1-67 adapted by the City Council on August 6, 19$1.
(e.) "Authorized Representative" means the person who is the duly authorized and
designated representative of the City or the Agency, respectively, as provided in Section 3.3
here�f.
(f.) "City" means the City of Clearwater, Flarida, a Florida municipal carporation, and
any successars or assigns.
(g.) "Governing Body" rneans, in the case of the Agency, the governing body of the
Agency, and the City Cauncil of the City in the case of the City, or any successor board, Council
or Council thereto.
(h.) "Pr�j�ct Site" means the approximately 0.028 xnol acre parcel of real property
located in the Area, all as more particularly described in Exhibit "B" (Site Identification Table
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and Locator Map.)
2.2 Use of Words and Phrases. Words of the masculine ger�der shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the singulaz shall include the plural as well as the singular nr.�mber, and
the word "person" shall include carporations a�rid associations, including public badies, as well as
natural persans. "Herein," "hereby," "hereunder," "here�f," "hereinbefore," "hereinafter" and
other equivalent words refer to this Agreement and not solely to the particular partion thereof in
which any such word is used. The words "party" or "parties" when referring to the initial
signatory parties to this Agreement shall als� mean and include any successar or assign of such
party. References to "Agency" and "City" may refer ta and include the Authorized
Representative thereaf designated in accardance with Section 3.3 to the extent the Agency or
City has authorized its authorized representative to act on its behal�
2.3 Florida Statutes. Any and all ref�rences herein to the "Flarida Statutes" are to
Florida Statutes (2010), as amended by any session law enacted during any regular or special
session of the Legislature of the State of Flarida canvening subsequent to the Effective Date, aza.d
which became law in accordance with the Constitution of the State of Florida.
ARTICLE 3
PURPOSE, FINDINGS, INTENT
3.1 P_ urpose. The purpose of this Agreement is to induce, encourage and assist the
redevelopment of the Area through assistance and cooperation in the environmental cleanup of
the Project Site. It is also the purpose of this Agreernent to define and delineate the
responsibilities and obligations of the parties to this Agreement, and to express the desire of the
parties to coaperate tagether ta accomplish the purposes and expectations of this Agreement.
3.2 Findin�s. It is hereby ascertained, determined, declared and found by the parties
hereto that:
(a.) The Area (in which is located the Praject Site) contains one or more slum and
blighted areas and that the rehabilitation or redevelopment of the Area (including specifically the
Project Site) is necessary in the interest of the public health, safety, morals and welfare of the
residents of the City;
(b.) The Froject Site is of significance to the Area and represents an area with a
substantial impact and effect on the Area in terms of its location, size, prominence and praxirnity
to the downtown core.
(c.) It is a necessary and appropriate exercise of the redevelopment powers available
to the Agency to provide such assistance as is reasonably necessary to cause the redevelopment
of the Project Site so it will be a significant develapment in the Area and will enhance the quality
af life and the aesthetic and useful enjayment of the downtown area of the City by the eradication
of the conditions of slum and blight found there, all in accordance with and in furtherance of the
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Act as implemented by the Plan.
(d) The development of the Project is appropriate to the needs and circumstances of,
and shall make a signiticant contribution ta, the economic growth of the area of o�eration of the
Agency, and shall serv� a public purpose by, among other things, advancing the economic
prosperity, the public health and general welfare of the State and its inhabitants, and promating
the rehabilitation of the City and eliminating and preventing the creatian and s�read a� blighted
areas in the area of operation of the Agency and the corparate limits of the City.
3.3 Authorized Re resentative.
(a) Each party rnay fram time to tixne designate one or more individuals ta be its
Authorized Representative tv act on its belialf to the extent uf t�ie gratil uf any aulhc►rily l0 5uch
representative. Written notice of the designation af such a representative (and any subsequent
change in the Authorized Representative) shall be given by the designating party to the ather
party in writing in accordance with the procedure set farth in Section 9.9 hereo£ The written
notice of the Authorized Representative shall indicate the authority that may be exercised by the
Authorized Representative.
(b) Except as otherwise expressly provided in this Agreement, whenever approval or
action by the City ar the Agency is required by this Agreement, such action or appraval may, in
the discretion of the party considering such approval or actian, be taken or given by the
Authorized Representative thereof. A party to this Agreement may rely upon the representation
of the other party's Autharized R�presentative that such person has the requisite authority to give
the appraval or take the action being done by that Authorized Representative. A party may not
later deny that its Authorized Representative had the authority represented to and relied upan by
tl�e other party or revoke or deny any action taken by such Authoriz�d Representative which was
relied upon by the other party
ARTICLE 4
PROJECT SITE
4.1 Ownership af the Proiect Site. As of the Effective Date, the Agency is the owner
of the Property of the Project Site.
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ART�CLE 5
REPAYMENT TO BCRLF
S.1 Repavment to BCRLF. The funds so appropriated by the City to the BCRLF and
utilized by the CRA shall be repaid to such BCRLF as specifically outlined in Sections 3 and 4 of
Resolution No. 11-19 (attached).
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 Representations and Warranties af the Agencv. The Agency represents and
warrants to the City that each of the following sta.tements is presently true and accurate and can
be relied upon by the City:
(a.) The Agency is the duly created and designated community redevelopment agency
of the City, a validly existing body politic and corporate of the State, has all r�quisite carporate
power and authority to carry on its business as now canducted and to perform its obligations
under this Agreement and each dacument cantemplated hereunder to which it is or will be a
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(b.) This Agreernent and each document contemplated hereby ta which the Agency is
or will be a party has been duly authorized by all necessary action on the part of, and has been ar
will be executed and delivered by, the Agency and neither the executi�n and delivery thereof, nor
campliance with the terms and provisions thereof ar hereof: (a) requires the approval and
consent of any other party, except such as have been duly obtained, (b) contravenes any existing
law, judgment, governmental rule, regulation or arder applicable to or binding on the Agency, or
(c) contravenes or results in any breach of, default under or result in the creation of any lien �r
encumbrance upan any party under any indenture, mortgage, de�d of tzust, bank loan or credit
agreement, applicable ordinances, resolutions or any other agreement or instrument to which the
Agency is a party, specifically including any covenants of any bonds, notes or other obligations
af the Agency outstanding on the Effective Date.
(c.) This Agreement and each document conternplated hereby, to which the Agency is
or will be a party constitutes, or when entered into will constitute a legal, valid and binding
obligation of the Agency enforceable against the Agency in accordance with the terms thereof,
except as such enfarceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual
equitable principles in the event equitable remedies are involved.
(d.) There are no pending or, to the knowledge of the Agency, threatened actions or
proceedings before any court or administrative agency against the Agency, which question the
validity of this Agreement or any instrument ar document contemplated herein, or which are
likely in any case or in the aggregate to materially adversely affect the successful redevelopment
of the Project and the consummation of the transactions contemplated hereunder or the financial
or corporate conditions of the Agency.
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(e.) This Agreem�nt does not violate any laws, ordinar�.ces, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto.
6.2 Re resentations and Warranties of the Ci . The City represents and warrants to
the Agency that each of the following statennents is presently true and accurate and can be relied
upon by the Agency:
(a.) The City is a validly existing municipal corporation af the State, has all requisite
corporate power and authority to carry on its business as now conducted and to perform its
obligations under this Agreernent and each docunnent contemplated hereunder to which it is or
will be a party.
(b.) This Agreement and each document contemplated hereby to which the City is or
will be a party has been duly authorized by all necessary action on the part of, and has been or
will be executed and delivered by, the City and neither the executian and delivery thereof, nor
compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent
of any other party, except such as have been duly obt�ined, (ii) contravenes any existing law,
judgment, governmental rule, regulation or order applicable to or binding on the City, or (iii)
contravenes or results in any breach of, default under or result in the creation of any lien or
encumbrance upon any party under any indenture, mortgage, deed of trust, bank laan or credit
agreement, applicable ordinances, resolutions or any other agreement or instrument to which the
City is a party, specifically including any covenants of any bonds, notes or other abligations of
the City outstanding on the Effective Date.
(c.) This Agreement and each document canteznplated hereby to which the City is or
will be a party constitutes, or when entered into will constitute a legal, valid and binding
obligation of the City enforceable against the City in accordance with the terms thereof, except as
such enfarceability may be limited by applicable bankruptcy, insolvency ar similar laws from
time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event equitable remedies are invalved.
(d.) There are no pending or, to the knowledge af the City, threatened actions or
proceedings before any court or administrative agency against the City, which question the
validity of this AgreernEnt ar any instrument or document contemplated herein, or which are
likely in any case or in the aggregate to materially adversely affect the successful redevelopment
of the Project and the consummation of the transactions contemplated hereunder ar the financial
or corporate conditions of the City.
(e.) This Agreement does not violate any laws, ardinances, rules, regulations, orders,
contracts, or agreernents that are or will be applicable to the City.
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ARTICLE 7
INDEMNIFICATION
7.1 Indemnification b, t�gencv.
(a.) In consideration of the City entering into the agreements for environrnental
cl�anup and such ather actions as are provided for herein, and other valuable consideration, to the
extent permitted by law, the Agency shall pay, indemnify and save harmless the City, its agents,
guests, invitees and emplayees from all suits, actions, claims, demands, damages, losses and
other reasonable expenses and casts of every kind and description to which the City, its agents,
guests, invitees or employees may be subjected to by r�asan af injury to persons or death or
property damage, loss of monies ar ather loss caused or allegedly caused, in whole or in part,
resulting froin any omission, negligenc� or fault af the Agency, its agenls �r �mployees, lhe
environmental consultants, or their contractars or subcontractors in connection with (i) any
environmental cleanup, building, construction, installation or development work, se�rvice or
operation being undertaken or performed by or for the Agency in, on, under, or over the Project
Site, or (ii) any uses, occupancy, maintenance, repair and improvements, ar operation of all or
part of the Project Site by or for the Agency; provided, however, suck► indemnification shall not
be applicable to the extent a decision or judgment of a court of competent jurisdiction holds that
any injury to persons or d�ath ar praperty damage was the result of acts of omission, negligEnce
or fault of the City, its agents or employees.
(b.) This Section 7.1 shall not be deemed or construed to provide any indemnification
by the Agency for the benefit of any third parties ather than the City nor as a waiver by the
Agency af any liability af the City which the Agency may be entitled to recover damages
notwithstanding any provision of this Agreement ta the cantrary.
(c) In addition ta tl�� requirements of Section 7.1(a.), the City agrees that it will, an
behalf of the Agency, rexnediate the Project Site in accordance with the Brawnfield Site
Rehabilitation Agreement (BSRA) dated April 21, 2011, between the CR.A and the Florida
Department of Environmental Pratection (the "Department").
ARTICLE $
DEFAULT; TERM�NATION
8.1 Default by the Agencv.
(a.) Provided the City is not then in default under this Agreement as set forth herein,
there shall b� an "event of default" by the Agency under this Agreement upon the occurrence of
any one or more of the following:
(i.) The Agency shall fail to perform or comply with any material provisian o�
this Agreement; or
(ii.) The Agency shall make a general assignment for the benefit af its
x
creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a
petitian in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition
seeking any reorganization, arrangement, cornpasition, readjustrnent, liquidation, dissolution or
similar r�lief under any present or future statute, law or regulation or shall �le an answer
admitting, or shall fail reasonably to contest, the material allegations af a petition filed against it
in any such proceeding, or shall seek or consent to or acqui�sce in the appointment of any trustee,
receiver or liquidator af the Agency or any rnaterial part of its properties; or
(iii.) Within sixty (60) days after the comr�►encement of any proceeding by or
against the Agency seeking any reorganization, arrangement, compasition, readjustment,
liquidatian, dissolution or similar relief under any present or futur� statute, law or regulation,
such proceeding shall nat have been dismissed, or if, within sixty (60) days after the appointment
wit�i-uut t�ie cons�nt ur acc�uiescence of the Agency or any trustee, receiver or liquidator of the
Agency or oi any material part of its properties, such appaintment shall not have been vacated.
(b.) If an"event of default" as described herein shall have occurred, th� City, after
giving thirty (30) days written notice of such event of default to the Agency, and upon expiration
of such thirty (30) day notice period, if such event of default has not been cured, the City shall
seek to enforce the tern�s af this Agreement.
8.2 Default by the Citv.
(a.) Provided the Agency is not then in default under this Agreement as set �arth
herein, there shall be an "event of default" by tkie City under this Agreement upnn the occurrence
of the following: (i) the City shall fail to perform or camply with any material provision oi this
Agreement.
(b.) If an "event of default" as described herein shall have occurred, the Agency, after
giving thirty (30) days written natice of such event of default ta the City, and upon expiratian of
such thirty (30) day notice period, if such event of default has not been cured, the Agency shall
seek to enforce the terms of the Agreement.
8.3 Obligations, Ri�hts and Rexnedies„ Exclusive. The rights and remedies specified
herein to which either the Agency or City are entitled are exclusive and are intended ta be to the
exclusion of any other remedies or means af redress to which the Agency or the City may
otherwise lawfully be entitled.
8.4 Nan-Action on Failure to Observe Provisions of this A re�nnent. The failure of
the Agency or the City to pramptly insist upon strict performance of any term, covenant,
candition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated h�reby shall not be deerned a waiver of any right or rernedy that the Agency or the
City znay have, and shall not be deemed a waiver of a subsequent default or nonperformance of
such term, covenant, condition or provisian.
(a.) In the event of a termination of this Agreement as provided for herein, neither the
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City nor the Agency shall be obligated or liable ane to the other in any way, financial or
otherwise, far any claim or matter arising from or as a result of this Agreement or any actians
taken by the City or the Agency, or both, thereunder or contemplated hereby; provided, however,
that if any suits, actions, claims, or demands of any kind shall be rnade against the City or the
Agency, or both of thern, seeking damages, expenses and costs (including attorneys' fees), ox any
ather relief, arising from or as the result af any ornission, negligence or fault of the City or the
Agency in connection with this Agreement or any actions taken by the City or the Agency, ar
both of them, hereunder or contemplated hereby, the indemu�.ification provisions oF Article 7
hereof shall apply and shall survive termination of this Agreement.
8.5 Termination Certiiicate
(a) In lhe even� of a termination of this Agreement prior to the Expiration Date, each
of the parties hereto daes cavenant and agree with the other ta pr�mptly execute a certificate
prepazed by the party electing to terminate this Agreement, which certificate shall express�y state
that this Agreement has been terminated in accordance with its terms, is na longer of any force
and effect except far thase provisions hereof which expressly survive termination, that the rights,
duties and obligations of the parties hereto have been terminated and released (subject to those
surviving provisions hereo�.
(b) The certificate described in subsectian (a) shall be prepared in a farm suitable for
recording and promptly after execution by all of the parties hEreto shall be recorded in the public
recards of Pinellas County, Florida. The cost of recording the termination certificate shall be
paid by the Agency.
ARTICLE 9
MISCELLANEOUS
9.1 Amendments. This Agreement may be amended by the mutual written agreement
of the Agency and the City at any time and from time ta time, which amendments shall become
effective upon filing thereof with the Clerk of the Circuit Court af Pinellas County, Florida,
pursuant to Sectian 1 b3.01(11), Florida Statutes.
9.2 A reement Constitutes Contract_ The Agency and the City acknowledge that the
parties hereto will rely on the pledges, covenants and obligations created herein for the benefit of
the parties hereto, and this Agreement shall be deemed to be and constitute a contract between
the Agency and the City as of the Effective Date.
9.3 Assignment. Neither party may assign or transfer any or all of its duties, rights,
responsibilities, or obligations under this Agreement to any other party ar ariy person not a party
to this Agreement without the express prior approval af the other party to this Agreernent.
9.a Severabilitv. The provisions of this Agreement are severable, and it is the
intention of the parties to confer the whole or any part af the powers herein provided far and if
any of th� provisions of this Agreement ar any other powers granted by this Agreement shall be
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held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said
caurt shall not affect or impair any of the remaining pravisian.s of this Agree�nent. It is hereby
declared to be the intent o� the parties hereto that this Agreement would have been adopted,
agreed to, and executed had such unconstitutional, invalid or void provision or power nat been
included therein.
9.5 Controlling law. Any and all provisions of this Agreement and any proceeding
seeking ta enforce and challenge any provision of this Agreement shall be governed by the laws
of the State of �'lorida. Venue for any proceeding pertaining to this Agreement shall be Pinellas
County, Flarida.
9.6 Members of the Agen�.cy and City Not Liable.
(a.) All covenants, stipulations, obligations and agreements of the Agency and the
City cantained in this Agreernent shall be deemed ta be covenants, stipulations, obligations and
agreements of the Agency and the City, respectively, to the full extent authorized by the Act and
provided by the Constitution and laws of the State of Florida.
(b.) No covenant, stipulation, obligation or agreement controlled herein shall be
deemed to be a cavenant, stipulation, abligation or agreement of any present or future individual
member of the governing body or agent or employee af the Agency ar the City in its, h.is ar their
individual capacity, and neither the members of the Governing Body of the Agency or the City or
any official executing this Agreement shall individually be liable personally ar shall be subject to
any accountability by reason af the execution by the Agency or the City of this Agreement or any
act pertaining hereto or contemplated hereby.
9.7 Expiration of Agreement.
(a.) This Agreement shall be effective immediately upon filing with the Clerk of the
Circuit Court of Pinellas County, Florida after execution by both parties and shall expire and
terminate by its awn terms without further notice or action by any party hereto on the tenth
(amended) anniversary of the Effective Date or when Agency has repaid the City the tatal due ta
the BCRLF as specifically pravided far herein.
(b.) The parties covenant and agree that upon this Agreement expiring and terminating
on the Expiration Date, all rights, privileges, obligations and responsibilities of any party
hereunder shall expire and be of no �nrce and effect, except to the extent any provision hereof
expressly survives the Expiration Date.
9.$ Third Party Beneiiciaries. Nothing in this Agreement, expressed or implied, is
intended or shall be construed to confer upon any person, firm or corparation ather than the
parties hereto, any right, remedy, ar claim, legal or equitable, under or by reason of this
Agreement or any provision hereof. It is the intent af the parties hereto that this Agreement and
all its provisions are intended to be and are for the sole and exclusive beneiit af the parties
hereto.
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9.9 Notices. Any notice, demand, direction, request or �ther instrurnent authorized or
required by this Agreement to be given or filed with the Agency or the City shall be deemed
sufficiently given or iiled for all purposes of this Agreement if and when sent by registered mail,
return receipt requested, or by direct personal delivery:
To the Agency,
addressed to
To the City,
addressed to
Community Redevelopment Agency of the City o�
Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attentian: Executive Director
City of Clearwater, Florida
112 S_ Osceala Avenue
Clearwater, FL 33756
Attentian: City Manager
9.10 Execution of A reement. This Agreement shall be executed in the name of the
Agency by its Chaizman atid Executive Director and the seal of the Agency affixed hereto and in
the name of the City by its Mayor and City Clerk, and approved as ta form and execution by the
City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on
this Agreement ceases to hold office before all afficers shall have executed this Agreement or
prior to the filing of this Agreement as provided in Section 9.11 hereof, his or her signature shall
nevertheless be valid and suf�icient for all purposes. This Agreement shall bear the signature of,
or may be signed by, such individuals as at th� actual time of the execution of this Agreement
shall be the proper and duly empowered officer to sign this Agreement and this Agreement sha11
be deemed to have been duly and praperly executed even though on the Effective Date any such
individual may not hold such office.
9.11 Filin� With Circuit Court Clerk. The City Clerk is hereby autharized and directed
after approval of this Agreement by the Gaverning Body of each of the Agency and the City and
the execution thereof by the duly qualified and authorized afficers of each of the parties hereto as
provided in Section 9.10 hereof, to file this Agreement with the Clerk af the Circuit Court of
Pinellas County, Florida, as provided in Section 163.01(11), Florida Statutes.
9.12 Effective Date. This Agreement shall become effective immediately upon filing
with the Clerk of the Circuit Court of Pinellas County, Florida, as provided in Section
1(3.01(11), Flarida Statutes.
9.13 Maintenance af Records. The parties will keep adequate records and supporting
documentation applicable to this contractual matter in accordance with the terms and canditions
af the Caoperative Agreement. Agency shall provide all reports necessary for the City to meet its
reporting requirements with the EPA, as determined by the City. In additian, the Agency shall
12
,
maintain and submit any a.�d all reparts in compliance with local, State and Federal law.
9.14 Cornpliance with Applicable Law. The parties hereto agree to comply with
requirements of all applicable Federal, State and local law, rules and regulations promulgated
thereunder.
IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement as of the day and year first above written.
Ap roved as to farm:
Pamela K. kin
City Attorney
Countersigned:
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Attest:
� � / � % /. �,
Frank V. Hibbard
Chairperson
,�aa.��C.��
Rasemarie Call
City Clerk
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CITY OF CLEARWATER, FLORIDA
� � • 1 B �t
Y� - � -
Frank V. Hibbard William B. Horne II
Mayar City Manager
Approved as to form:
.�
Leslie K. Dougal es
Assistant City A ey
Attest:
�4d.(.��.� �
Rosemarie Call
City Clerk
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STATE O�' �'LORIDA
COUNTY OF PINELLAS
The foregaing instrument was acknowledged be%re me by FRANK HIBBARD as Chairperson, of the
COMMUNTTY REDEVELO ENT AGEN Y OF THE CITY OF CLEARWATER, FLORiDA, on behalf of the
Agency, this �� day of , 2011.
My Council Expires: ary ub ic
(Affix notarial seal) ,.•�r p.,, �,eMarle Wills
STATE OF �'LORID�`��"���Mi�ioN*p�8a1107
COLTNTY OF PINE �`Exai�s: �tOV 24,2012
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The foregoing instrument was ackn.owledged before me by WILLIAM B. HORNE II, as
City Manager of the CITY OF CLEARWATER, FLORIDA, on b�half of the City, this �
day �f S � , 2011.
My Council Expires: �' `l J� z
(Affix notarial seal)
�
Notary Public
SANDR� �A�G��
My COMMISSION # ➢D723 129�
EXPIRFS: Ianuscy 04.
F1. Ndh� lasmuu Asso�• Co.
IAOW'1'�OTARY
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