08/29/2011COMMUNITY REDEVELOPMENT AGENCY
AGENDA
Location: Council Chambers - City Hall
Date: 8/29/2011- 8:30 AM
1. Call to Order
2. Approval of Minutes
2.1 Approve the minutes of the August 15, 2011 CRA meeting as submitted in written summation by the City
Clerk.
El Attachments
3. CRA Items
3.1 Approve the FY 2011 -2012 Community Redevelopment Agency Preliminary Budget and Adopt CRA
Resolution #11 -01
El Attachments
3.2 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding
in Fiscal Year 2011/2012 in the amount of $145,796.57 to underwrite the cost of additional Community
Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the
East Gateway Five -Year Action Program and authorize the appropriate officials to execute same.
El Attachments
3.3 Approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel,
administrative and management responsibilities during Fiscal Year 2011 -2012 in the amount of $62,170
and refund the CRA tax increment fee of $144,252.
El Attachments
3.4 Approve the Grant Funding Agreement between the CRA and Clearwater Downtown Events, Inc, a 501c3
Not - for - Profit Corporation, for the provision of a revised and enhanced schedule of Blast Friday events in
the Cleveland Street District; approve a $75,000 grant to Clearwater Downtown Events, Inc. to underwrite
a portion of the expanded Blast Friday Program; and authorize the appropriate officials to execute same.
Attachments
3.5 Approve an Interlocal Agreement between the Community Redevelopment Agency of the City of
Clearwater, Florida (Agency) and the City of Clearwater (City) that outlines responsibilities for the
environmental cleanup of the CarPro site and authorize the appropriate officials to execute same.
El Attachments
3.6 Accept the Brownfields Cleanup Revolving Loan Fund dollars in the amount of $325,440 to meet specific
expenses incurred for the environmental cleanup of real property identified as Pinellas County parcel
15/29/15/64890/003 /0010 known as the CarPro site per City Resolution 11 -19.
El Attachments
4. Adjourn
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve the minutes of the August 15, 2011 CRA meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Attachment number 1
Page 1 of 5
COMMUNITY REDEVELOPMENT AGENCYMEETING MINUTES
CITY OF CLEARWATER
August '10, Lu i :i
Present: Chair/Trustee Frank Hibbard, Trustee John Doran, Trustee George N.
Cretekos, Trustee Paul Gibson, and Trustee Bill Jonson.
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - CRA Executive
Director /Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and
Legislative Services Coordinator.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order — Chair/Trustee Frank Hibbard
The meeting was called to order at 2:03 p.m. at City Hall.
2. Approval of Minutes
2.1 Approve the minutes of the July 18, 2011 CRA Meeting as submitted in written
summation by the City Clerk.
Trustee Bill Jonson moved to Approve the minutes of the July 18, 2011 CRA Meeting as
submitted in written summation by the City Clerk. The motion was duly seconded and
carried unanimously.
3. CRA Items
3i Redevelopment Progress Analysis Update (2004 -2011)
This review of the CRA redevelopment program strategy, program and financial
performance status has been prepared pursuant to discussion and questions
raised by several Board members at the May 31 CRA meeting. At that time, it was
determined between the Board and staff that a discussion and review of the
Downtown, Retail /Restaurant Strategy and East Gateway CRA progress and
Community Redevelopment Agency 2011 -08 -15 1
Attachment number 1
Page 2 of 5
performance would be helpful in clarifying exactly where the CRA is on
redevelopment efforts and provide the Board with an opportunity to redirect policy
and /or strategy if desired.
CRA Executive Director Rod Irwin said Clearwater's downtown, as is the case with
many traditional downtowns, has become functionally obsolete because of economic
and societal changes that fundamentally altered the way the City and nation live, work
and shop. The traditional model of the central business district (CBD) with high- density
residential areas close by and utilizing the CBD for most /all of basic shopping and
service needs is no longer viable and cannot be effectively reconstructed.
What has emerged is a re- conceptualization of what role traditional downtown areas
can play in local economies. Downtowns must reflect the seminal, economic changes
and forces, which led to the CBD's demise at mid - century. It acknowledges that
downtown areas must distinguish themselves by establishing a sufficient critical mass of
retail, restaurant, housing and entertainment to provide an urban experience sufficiently
differentiated from other areas to attract population. Unique, destination restaurants;
high quality cultural and entertainment opportunities; specialty retail; and, increasingly,
quality housing attractive to the boomer generation.
From a taxable value standpoint, the increase in the Downtown CRA has totaled 35.5%
since 2004, compared to a 2.0 % increase citywide. Taxable value has increased by
$63,357,917 in the Downtown CRA during the period. The East Gateway CRA shows a
loss of taxable value ( -7.7 %) consistent with the early stage of the CRA intervention
(2007), and a modest private —to- public investment ratio of $1.83 to 1. The results
indicate both a movement in the right direction with respect to leveraging private
investment, and, at the same time, clearly indicating the downside risk and inevitable
result of a failure to engage in redevelopment areas in a sustained, robust manner.
Continued attention and funding will be necessary to assure program and financial
results. From the ratio of private -to- public investment, the CRA/City has realized
$195,030,823 in new private investment since 2004, based upon a CRA /City investment
of $36747,341 (including $13,482,392 for the Boat Slips) during the same period. This
results in a favorable $5.1 to 1 return on investment (ROI).
There have been significant, delineated accomplishments in achieving CRA /City policy
goals since 2004, despite weathering the worst economic downturn since the Great
Depression. Obviously a major part of the effort is increased housing, which has been
particularly affected by the recession. However, the Downtown is /has put into place the
foundation for a strong wave of private investment as the economy recovers overall. In
the meantime, staff is emphasizing the ability of the Capital Theatre, Blast Friday and
the other public events to attract visitors and residents to Downtown and support the
existing merchants who are affected by the same recession that has paralyzed the
housing sector.
Community Redevelopment Agency 2011 -08 -15 2
Attachment number 1
Page 3 of 5
Mr. Irwin said economically healthy, vibrant cities require the existence of vibrant and
healthy commercial cores that facilitate the entertainment, social and residential choices
sought by increasing numbers of residents making choices between communities in
which to live, invest and spend discretionary income on lifestyle choices. Two
unresolved issues of importance include transit and homelessness. The availability of
rapid transit in the Downtown CRA would be of immeasurable import to achievement of
the redevelopment strategy. The critical mass of housing facilitative of the strategy
requires easy and timely in- and -out access to employment centers. Pursuit of light rail
and /or enhanced bus systems need to be pursued. The Downtown continues to be
impacted by a homeless population to a significant degree related to the East Gateway
Soup Kitchen and the various feeding stations in Downtown. A successful resolution of
these phenomena will materially affect the ability to maximize realization of the
redevelopment strategy.
3.2 Presentation of the East Gateway District Two -Year Progress Report.
The East Gateway District Five -Year Action Program was approved by the
Community Redevelopment Agency on May 13, 2008. The Action Program calls
for periodic monitoring and evaluation of progress in the East Gateway to ensure
that the neighborhood vision is continually strived for and neighborhood assets
are protected and enhanced. Staff presented the first annual progress report in
April of 2009. Given staffing changes, staff did not complete a report in 2010.
However, this progress report includes accomplishments over the last two fiscal
years.
The East Gateway Task Force is the responsible entity for implementing the Five -
Year Action Program. The Task Force is comprised of staff from the following city
departments: Economic Development and Housing; Engineering; Parks and
Recreation; Planning and Development; Police; Public Communications; and
Solid Waste /General Services. East Gateway Task Force collaboration on
neighborhood issues and opportunities continued throughout the reporting cycle.
The East Gateway District Two -Year Progress Report, August 2011, provides an
overview of the past two years' progress and accomplishments such as:
Approval for the acquisition of the Economy Inn and related parcels for
redevelopment
Acquisition and demolition of the CarPro property for environmental remediation
Federal funding from the CDBG and CDBG- Recovery Act to implement two
projects:
Community Redevelopment Agency 2011 -08 -15 3
Attachment number 1
Page 4 of 5
1) Installation of new sidewalks on Grove St., Franklin St., Pierce St., Laura
St., Jefferson Ave., and San Juan Ct.
2) Implementation of the East Gateway Facade and Building Lot Improvement
Program: committed $105,000 to three projects (1390 Gulf to Bay Blvd., 1454 Gulf
to Bay Blvd., and 1225 Cleveland Street)
Continued community policing unit that is improving safety and security in the
neighborhood and building public trust
Monthly meetings of the East Gateway Stakeholder Advisory Group and monthly
attendance at the East Gateway Business and Neighbors Association meetings
Planning and orchestration of multiple community celebrations: Sunday Ciclovia
(April 2009); Ice cream Social (September 2009); and Talento 2010 (March, May,
and September 2010)
Creation of the East Gateway Neighborhood Revitalization Strategy Area Plan
and approval from HUD
Outlining of steps needed to implement an East Gateway District Vision Plan
process
Creation of the East Gateway Shopping and Dining Guide
Funding of renovation improvements to 1447 and 1451 Gulf to Bay Boulevard
(Covert Apartments)
Loan modification to extend loan terms for Country Club Townhomes and
negotiation of construction loan terms (Developer received site plan approval for
the project)
Expansion of Ultimate Medical Academy and relocation of Consumer Energy
Solutions to 1255 Cleveland Street, interior remodeling of Nature's Food Patch,
opening of Greektown Grille, commencement of construction of 1310 Cleveland
Street (SeaZar's).
While the report outlines declining neighborhood indicators such as property
values, the homeownership rate remained steady the last fiscal year. A positive
improvement is the significant increase in building permits issued and value of
improvements in the last fiscal year. The Report also highlights implementation
activities for the coming year.
Community Redevelopment Agency 2011 -08 -15 4
Attachment number 1
Page 5 of 5
Economic Development Coordinator Ekaterini Gerakios provided a PowerPoint
presentation.
In response to questions, Ms. Gerakios said staff is working with the Florida Department
of Transportation to address the lack of sidewalks on Drew Street. Economic
Development and Housing Director Geri Campos Lopez said the Cleveland Street
streetscape experienced some delays during the first phase due to Progress Energy.
Staff anticipates to make up some of the time during the second phase and remain on
target for a February 2012 completion date. The third phase is ranked currently a low
priority on the Penny for Pinellas 3 project list.
Ms. Campos Lopez said staff continues to work on the downtown vision plan and have
scheduled two focus group meetings on Tuesday and Wednesday (6:00 p.m. to 8:00
p.m.) at Greektown Grille to seek public input. Interested parties were encouraged to
attend.
4. Other Business
Ms. Campos Lopez said the Country Club Townhomes, which is part of the
Neighborhood Stabilization Program II funds, closed on their construction financing and
is expected to undergo construction soon. Staff will provide a project schedule once
received from the developer.
5. Adjourn
The meeting was adjourned at 3:13 p.m.
Mayor
Attest City of Clearwater
City Clerk
Community Redevelopment Agency 2011 -08 -15 5
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve the FY 2011 -2012 Community Redevelopment Agency Preliminary Budget and Adopt CRA Resolution #11 -01
SUMMARY:
The major highlights of the FY 2011 -2012 proposed preliminary budget are as follows:
Tax Increment revenues decreased by $ 194,925 due to a decrease in Taxable Value of 5.8% in the old Downtown CRA
(Downtown) and a 13.3% decrease in the expanded CRA area (East Gateway).
Operating expenditures are decreased by $ 18,100, or 3.5 %, largely due to the decrease in "pass through" funds for the DDB as a
result of the lower assessed values. $ 75,000 has been included in the budget to fund the Blast Friday Memorandum of Agreement.
This year the "Revenues and Transfers In" section of the budget anticipates the sale of Environmental Cleanup Tax credits in the 1st
Quarter of the fiscal year, and receipt of $ 417,432 therefrom.
Transfers Out to various projects are as designated in the CRA Six Year Plan, a copy of which is attached for your review and
context.
The Proposed FY 2011 -2012 Agency budget is consistent with the Six Year Plan.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 2
Community Redevelopment Agency
Proposed Budget
October 1, 2011- September 30, 2012
Exhibit A
2010 -2011
2011 -2012
Amended
Proposed
Budget
Budget
Revenues & Transfers In
Tax Increment Financing Revenues
338930
Pinellas County
808,711
728,362
381115
City of Clearwater
871,244
770,267
381116
Downtown Development Board
157,851
144,252
Total TIF Revenues
1,837,806
1,642,881
Other Revenues
361101
Interest Earnings
150,000
120,000
369901
Other General Revenue
1,376
Transfers In
381782
DDB Administration
62,170
62,170
381782
Loan Payment From DDB
7,848
7,848
381888
Interest from Fund 388
Clw Auto Tax Credit
417,432
Reserves
389902
Allocation of Reserves
224,473
Total Revenues & Transfers In
2,283,673 $2,250,331
Expenditures & Transfers Out
Operating Expenditures
530100
Professional Services
60,000
60,000
530300
Contractual Services
75,000
540200
Document Reproduction
-
0
540300
Telephone Variable
1,500
1,500
540700
Postal Service
2,000
2,000
541500
Garage Variable
3,600
3,600
542300
Gas, Water, Sanitation
-
0
542500
Postage
200
200
543100
Advertising
10,000
10,000
543200
Other Promotional Activities
10,000
10,000
543400
Printing & Binding
5,000
5,000
547100
Uniforms
150
150
547200
Employee Expense - Travel
5,000
5,000
548000
Other Services
2,200
2,200
550100
Office Supplies
1,000
1,000
550400
Operating Supplies
3,000
3,000
557100
Memberships and Subscriptions
4,000
4,000
557300
Training and Reference
4,000
4,000
581000
Payments to Other Agencies -DDB
162,352
144,252
581000
Payments to Other Agencies -Ruth Eckerd Hall
148,000
148,000
581000
Payments to Other Agencies -Blast Friday
75,000
582000
Aid to Private Organizations
6,000
6,000
Total Operating Expenditures
503,002
484,902
Debt Payments
Economy Inn - Interest on Loan
66,500
66,500
Total Debt
66,500
66,500
Transfers Out
590200
General Fund- Administrative
365,487
355,801
590800
East Gateway Project (94849)
140,422
150,797
590800
Streetscape Phase 2 (92275)
209,729
590800
Cleveland Street Maintenance (99968)
10,000
10,000
590800
Waters Edge (Opus)
130,374
115,808
590800
Station Square DA
590800
Marriott Residence Inn (94856)
30,394
32,219
590800
Economy Inn Acquistion/ Demolition
224,473
590800
Economy Inn
-
590800
Restricted County TIF Funds
851,275
728,362
590800
Fa9ade Improvement Grant Fund
-
590800
Downtown Redevelopment Fund
(247,983)
305,942
590800
CarPro Site
-
590800
Affordable Housing Projects (94851)
-
590800
Retail Attraction /Assistance (94852)
-
590800
Cleveland Street Branding (94853)
-
Total Transfers Out
1,714,171 1,698,929
Total Expenditures & Transfers Out
2,283,673 2,250,331
Excess of Revenues & Transfers In Over
Expenditures & Transfers Out
Attachment number 1
Page 2 of 2
0
Attachment number 2
Page 1 of 1
RESOLUTION NO 11 -01
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, ADOPTING THE CRA
FY2011/12 ANNUAL OPERATING BUDGET; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Community Redevelopment Agency (CRA) annual budget
requirements have been clarified and Section 189.418(3), of the Florida Statutes
require that CRA's adopt their annual budgets by resolution; now, therefore,
BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Adopt the FY2011/12 CRA Operating Budget as outlined on Exhibit A.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this th day of September, 2011.
Frank V. Hibbard
Chairman
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
Resolution No. 11 -01
Attachment number 3
Page 1 of 5
CRA - SIX YEAR PLAN*
FY H-12 Revised 8-16-2011
ds of 6/30/2011
Revenue Source
2010/11 r 2011 /121
Balance
2012/13 2013/14 2014/13 2015/16 2016/17 Total
County Portion (Growlhl Growth 11F (1)
Clty Portion ]Growth} GrowRi 119
DOS Porllon fGxowinl Growth TIF
Total Projected TIF (Growth Only)
119 on New Projects (2)
Clearwater Centre County TIP
(Under construction} City 1 F
01]3 119
Total
728,362 672 ,348 645,741 645,741 645.741 645.741 3,983,475
770,267 711,257 683,110 683.110 683,110 683,110 4,213,965
144,252 133.159 127,889 127,889 127,839 127,889 766,949
1,642,881 1,516,743 1,456,741 1,456,741 1,456,741 1,456,741 6,9136,609
6,604 6,439 6,439 6,439 6,439 6,439 38,798
7,354 6,986 6,811 6,811 6.811 6.811 41,586
1,377 1,308 1,275 1,275 1,275 1,275 7,785
15,334 14,733 14,525 14,525 14,525 14,525 88.169
Marriott Residence Inn County TIF 28,172 26,763 26,094 26,094 26,094 26,094 159,313
City Tlf 29,802 '2E1,312 27,604 27,604 27,604 27,604 168,532
DDB TIF 5,579 5,301 5,168 5,168 5,168 5.168 31,552
Total 63, 554 60, 376 58 ,867 58,867 58,867 58,867 359.397
Station Square Condominiums County TIF 104,279 99,065 96,588 96,588 96,588 96,588 589,696
City TIF - 110,313 104,798 102.178 102.178 102,178 102,178 623,821
DOB TIF 20,652. 19,620 19,129 19,129 19 129 19.129 116,789
Total 235,244 '223,482 217,895 217,895 217,895 217,895 1.330,306
Waters Edge {Opus] County 119 202.525 192,399 187,589 187,589 187,589 187,589 1.145,281
OF/ If 214,245 203,533 198,445 198,445 198,445 198,445 1,211.558
DOB TIF 40,110 38,105 37,152 37,152 37,152 37.152 226,823
Total 456,881 434,037 423,186 423,186 423,186 423,186 2,583,662
Total Projected New Project TIF' 771,014 732,628 714,473 714,473 714,473 714,473 4,361,534
•A11111 is Included In Base Above-Do not add to totals
Other Revenue interest 120,000 100,000 50,000 50,800 50,000 50,000 420,800
DOB Admin and Loan 62,170 64,657 67,243 69,933 72,730 75,639 412,372
DDB Loan 7.848 7,8.48 7,848 0 ❑ 0 23,544
Land Sales/ Other Revenue (31 417.432 0 0 0 0 0
Total Other 607,450 172,505 125,091 119,933 122,730 125,639 1,273,348
mop Available 2,250,331 1,639,268 1,581,832 1,376,674 1,579,471 1.582,380 10.259,957
Less DDB DP Porton (4) 144,252 133,159 127,889 127.889 127.889 127,889 788.969
Leas CRA Operating and Administration 473,451 472,529 491,534 511,196 531,643 552,909 3,033,362
Total Projected 119 available for projects/dev. agreements 1,632,628 1,083,480 962,409 937,569 919,938 901,562 6,437,626
Prelim CRA 6 -Yr Pion FY11.12.xlsx CRA Six Year Plan Report
Page 1 of 5 Revised 8118f2011
Attachment number 3
Page 2 of 5
Cor enSmenls /Clly Prafscts Source
2010/11
8nldnce
2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 Told
94714 Downtown Redevelopment
94765 IMR/Crum Environmental (51
99881 Clearwater Attic General (6)
99963 Economic Development Incen5ves
99968 Cleveland Areal Maintenance
99979 Facade Program {7}
99986 Town Lake Property {Med Village}
94855 Clearwater Auto-EPA Loan #2 (6j
92269 Cleveland 5Ireelscape II {51
94849 East Gateway Projects {9j
Clearwater Auta /Aamco {8}
93405 Downtown Boat 5lips
Capital Theater 1101
94851 Affordable Housing Projects (11 )
94852 Retail Attracifan/Ass[stonce
County TIF 0 0 0 0 0 0 0 ❑
City TIF 0 ❑ 0 0 0 ❑ 0 0
Other (CRA( 1,149,879 0 9. ❑ 0 0 0 1,149,879
Total 1,149,879 ❑ 0 0 0 ❑ 0 1,149,879
County TIF 0 0 0 ❑ 0 0 0 0
City TIF ❑ ❑ 0 0 0 0 ❑ 0
Olher(CRA( 94,611 0 0 0 9 0 ❑ 94,611
Total 94,611 0 0 0 0 0 ❑ 94,611
County TIF 0 0 0 0 ❑ 0 0 0
City TIF 0 ❑ 0 0 0 0 0 0
Other (CRA} 184,414 0 0 0 0 0 0 184,414
Total 184,414 0 0 0 0 0 ❑ 184,414
County TIF 0 0 ❑ 0 0 0 0 0
Cily T1F 0 0 0 0 0 0 0 0
Other {CRA] 95,136 0 ❑ 0 0 ❑ 0 95,136
Total 95,136 0 0 ❑ 0 0 0 95,136
County T1F 0 0 0 0 0 0 0 0
City TIF 0 2,992 25,000 25,750 26,523 27,318 28,138 135720
Other (CRA) 64.757 7,008 0 0 0 0 0 71,765
Total 64,757 10,000 25.000 25,750 26,523 27,318 28,138 207,485
County T!F 0 0 0 0 0 0 0 0
City TIF 0 9 0 ❑ 0 ❑ 0 0
Other ICRAI 208,267 ❑ 0 0 0 ❑ 0 208,267
Total 208,267 0 0 0 0 0 0 208.267
County TIF 0 0 0 0 0 0 ❑ 0
City TIF 0 ❑ 9 0 0 0 0 0
Other (CRA( 214,830 0 ❑ 0 0 0 ❑ 214,830
Total 214,830 0 ❑ 0 ❑ 0 0 214,830
County TIF 0 266,889 10,085 177,205 ❑ 0 0 454,179
City TIF 0 0 ❑ 0 0 0 ❑ 0
Other {CRA} 0 0 0 0 ❑ 0 0 0
Total 0 266089 10,085 177,205 ❑ 0 0 454,179
County TIF 0 0 ❑ 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other 0 0 0 0 ❑ 0 0 0
Total 0 0 ❑ 0 ❑ 9 0 0
County TIP 0 0 0 111,536 288,741 288,741 395,741 1,084.759
CIIy11F 0 145,797 76,703 0 0 109,149 87,064 418,713
Other 91,197 5,000 78,372 i 60,000 0 ❑ 0 334,569
Total 91,197 150,797 155,075 271,536 258,741 397,890 482,805 1,838,041
County TIF 0 0 0 ❑ 0 0 0 9
City TIF 0 0 0 0 0 ❑ 0 0
Other 0 0 0 0 0 ❑ 0 0
Total 0 0 0 0 0 0 0 0
County TIF 0 0 0 0 0 0 0 ❑
City TIF 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total ❑ ❑ 0 0 0 0 0 0
County TIF 0 552.000 204,000 0 0 ❑ 0 556,000
City TIF 0 0 0 0 0 0 ❑ 0
Other (CRAI ❑ 148,000 148.000 0 0 0 0 296,000
Total 0 500,000 352,000 0 0 0 ❑ 852,600
County TIF 0 ❑ 0 0 0 0 250,009 250,903
C1ty TIF 0 0 0 0 0 0 0 0
Other ICRA} 250,000 0 0 0 ❑ 0 0 250,000
Total 250,000 0 0 0 ❑ 0 250,000 500.000
County TIF 0 0 0 0 0 0 ❑ 0
City TIF 0 0 ❑ 50000 27,788 0 0 77,788
Other 76,593 ❑ 0 0 0 0 ❑ 76.593
Total 76,593 0 0 50,000 27,788 0 0 154,381
Prelim CRA 6-Yr Plan FY11- 12.xlsx CRA Six Year Pfau Report Paget of 5 Revised 8/16/2011
Attachment number 3
Page 3 of 5
Commitments /City Project' Soups
2010/11
Balance
2011/12 201213 2013/14 2014/15 2015/16 2016/17 Total
94853 Cleveland District Branding (12) County OF 0 0 0 0 ❑ 0 ❑ 0
City TIF 0 ❑ 0 12,514 15,000 15.000 15,000 57,514
Other {CRA} 115,480 ❑ 15,000 0 ❑ 0 ❑ 130,480
TOW 115,480 0 15,000 12,514 15,000 15,000 15,000 187,994
94862 CarPro Slte County OF 0 0 0 ❑ 0 0 0 0
City TIF 0 0 0 ❑ 0 0 0 0
Other (CRA) 13,023 0 0 0 0 0 0 13,023
Total 13,023 0 0 0 0 0 0 13,023
94864 ClearwaterMOinskeet Ilony'sl County TIF 0 0 0 0 0 0 0 0
City Tlf 0 0 0 0 ❑ 0 0 ❑
Other (CPA) 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 ❑
94865 Rule Development County TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other (CRA) 0 0 0 ❑ 0 0 0 0
Total 0 0 0 0 0 0 0 0
94867 51. Vincent dePaul Prop Acq County TIP 0 0 0 ❑ 0 ❑ 0 0
City TIF ❑ ❑ 0 ❑ 0 ❑ 0 0
Other(CRAJ 625,000 0 0 0 0 0 0 625,000
Total 625,000 ❑ 0 0 0 0 0 625,020
94866 Economy Inn Debt County TIF 0 0 357;000 357.002 357.000 357.0)0 0 1,428,003
City TUF 0 ❑ ❑ 0 ❑ 0 0 0
Other (CRA} 66,500 66,500 0 0 0 0 0 133,000
Total 66,500 66,500 357,000 357,000 357,000 357,000 0 1,561,000
94868 Economy Inn Acq Demo. County TIF 0 0 0 0 0 ❑ 0 0
City TIF 0 0 0 0 0 0 0 0
Other (CRAI 0 0 0 0 0 0 0 0
Total 0 ❑ 0 0 0 0 0 ❑
81os1 Fridays County TIF 0 0 0 0 0 0 0 0
City TiF 0 0 0 75.000 75,000 0 0 150,000
Other {CRA] 0 75,000 75,020 0 ❑ 0 0 150.000
Total 0 75,000 75,000 75,000 75,000 0 0 300,000
Courtly TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 ❑
Other (CRA; 0 0 0 ❑ 0 0 0 0
Total 0 0 0 0 0 0 0 0
County TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 ❑ 0 ❑ 0
Other {CPA} 0 0 0 0 0 0 0 0
Total 0 0 ❑ 0. 0 0 ❑ 0
County TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 ❑ 0 0
Other (CRA) 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 ❑
County TIF ❑ 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other (CRA) 0 0 ❑ 0 ❑ 0 ❑ 0
Total 0 0 0 0 0 0 0 0
County TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other (CRAJ 0 0 0 0 0 0 0 0
Tolol 0 0 0 0 0 0 0 0
CounyTIP 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other {CRAI 0 0 0 0 0 0 0 0
Total 0 ❑ 0 0 0 0 0 0
County TIF 0 0 0 0 ❑ 0 ❑ 0
City TIF 0 ❑ 0 0 0 0 0 0
Other (CRA) 0 0 0 0 0 0 ❑ 0
Total 0 0 ❑ 0 ❑ ❑ 0 0
Total Cly Project Commitments
Prelim CRA 8 -Yr Plan FY11.12.xisx CRA Six Year Plan Report
3,249,687 1,069,186 989,160 949,005 790,052 797,208 775,943 8.640,240
Page 3 015 Revised 8118!2011
Attachment number 3
Page 4of5
Commitments/1w. Agreements Source
2010/11
2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 Total
94847 Clearwater Cenlre (13} County TIF 0 0 0 0 0 0 0 0
City TIF 0 0 0 0 0 0 0 0
Other (94847 Acct} 534,083 0 0 ❑ 0 0 0 534,083
Total 534,093 0 0 0 0 0 0 534,083
94856 Marrlotl Residence Inn { 141 Counly TIF 0 - 0 0 0 0 0 0 0
City TIF 0 32,219 29,802 28,312 27,604 0 0 117,938
Other (94856 Acct} - 31,426 0 0 0 0 ❑ 0 31,426
Total 31,426 32,219 29,802 25,312 27,604 0 0 149,364
Station Square Development County TIF 0 0 0 ❑ 0 ❑ 0 0
City TIF 0 0 0 0 0 0 0 0
Other 460,000 ❑ 0 0 0 0 0 460,000
Total 460,000 0 0 0 0 0 0 460,000
Water's Edge {Opus} (15) County TIF ❑ 109,473 101,263 0 0 0 0 210.736
City TJF 0 115,808 107,123 0 0 0 0 222,931
Other 92,649 ❑ 0 0 0 0 ❑ 92.649
Total 92,649 225,281 208,385 0 0 0 0 526,316
County TIF 0 0 0 0 ❑ 0 ❑ ❑
City TIF 0 0 ❑ 0 ❑ 0 ❑ 0
Other 0 0 ❑ 0 ❑ 0 0 0
Total 0 0 ❑ 0 ❑ 0 0 0
County TIF 0 0 ❑ 0 0 0 0 0
CIIy TIF 0 0 0 ❑ 0 0 0 0
Other 0 0 0 ❑ 0 0 0 0
Total 0 0 0 ❑ 0 0 0 0
County TIF
City TIF
Other
Total
County TIF
City TIF
Other
Total
❑ 0 0 0 ❑ ❑ 0 0
O 0 0 0 0 0 0 0
❑ 0 0 ❑ 0 ❑ 0 0
O 0 0 ❑ 0 ❑ 0 0
0
0
0
0
❑
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
O 0
O ❑
O 0
O ❑
Total Der. Apr. Commitments
1,118,158 257,500 238,168 28,312 27,604
0
O 1,669,763
Total Commitments
4,367,845 1,944,389 1,833,136 1,616,741 1,456,741 1,456,741 1,456,741 14,132,334
Prelim CRA 6 -Yr Plan FY11- 12.xlsx CRA Six Year Plan Report
Page 4 of 5 Revised 5f16J2011
Attachment number 3
Page 5 of 5
Summary Sowae
2010/11
Balahee
2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 Total
Funds Avoticbre
Total Commitments
Unallocated Funds
County TlF 728,362 672,348 645,741 645,741 645,741 645,741 3,983,675
City TIF 770,267 711, 257 683,110 683.110 683,110 683,110 4,213,965
008 TIF 144,252 133,159 127,889 127,589 127.889 127,889 788,969
Other Revenues 607,450 172,505 125,091 119,933 122,730 125,639 1,273,348
Total 2,250;331 1,689,268 1.581,832 1,576;674 1,579,471 1,582,380 10,259,957
County TIF 0 728,362 672,348 645,741 645,741 645,741 645,741 3,983,674
City TIF 0 770,267 711,257 683,110 683,110 683,111 683,111 4,213,966
DDB 119 0 144,252 133,159 127,839 127,889 127,889 127,889 728,969
From Other Acct. /Revenue 1,149,879 301,508 316,372 160,000 0 0 0. 1,927,759
Total 1,149,879 1,944,389 1,833,136 1,616, 741 1,456,741 1,456,741 1,456,741 15,914368
County 11F
City 119
DDB T19
Downtown Redevelopment
Total
0 0 0 0 0 0 1
0 0 0 0 0 0 -T
0 0 0 0 0 0 0
305,942 - 143,867 - 34,909 119,933 122,730 125.639 495,468
305,942 - 143,867 - 34,909 119,933 122,730 125,639 495,468
Hahn:
•Six Year Plan Includes proposed capital projects for the next live years and current funding commitments through Development Agreements,
and other program fund protects. The revenues combine the Old and New (Expanded( CRA.
(1) The tax base of the original CRA experienced a 5.5% decrease from last year (FY10.1 1), The tax base of the expanded CRA experienced a 13.3% decrease from fast year.
Tax base projections for future years 15 estimated at -5% FY 12-13; 2.5% FY 13-14; 0% FY 14 -15;0% FY 15-36; and 0% FY 16-17. No new projects are estimated 1a come online.
{2( Marriott Residence Inn, Station Square Condominiums, and Water's Edge include acluals from
Pinellas County Property Appraiser's and Tax Collectors Office,
(31 May include future land sales of Clearwater Auto and Prospect {Town) Lake property. FY 11-12 revenue includes sale of cleanup tax credits tram the remediotlon of Clearwater Auto.
{4} Current Interlocal Agreement (approved yearly( between CRA and DDB reimburses DDB its portion of the lox increment.
(5] Cleveland Slreeiscape Phase 2 is from Myrtle to Missouri. $4,028,925 is the project budget approved by CRA/Councit on 11/3108.
We have received $335,500 in HUD EDI grants far this project that will drecfly reduce the amount needed for this project.
(61 Environmental remedialion is complete- received SRCO July 2009.
Clearwater Auto has an outstanding loan of $700,000 ($350k In FY06 and $350k in FY08( that is owed to the City's Browniields Cleanup Revolving Loan Fund estimated to be repaid.
Due 1a government accounting procedures, $700,000 was taken out of the Redevelopment Fund (94714) to avoid a negative cash balance; will be returned to Ibis acct once loan Is repaid.
Total actual loan disbursed is.$6.48.827, Per EPA rules, a 30% discount is allowed, actual payback will be 3454,178.90 due 6/2014.
1[7] Facade Program Is for the implementation of the Sidewalk Cafe District revised facade program gufdeltnes.
{8IThis is a placehotder for potential land acquisition surrounding the Clearwater Auto property.
(9) Eosl Gateway 5-year Action Plan --FYI 1-12 budget is for community policing only. Out years include lrnplemenlalion of Vision Plan,
Out years include police officer salary and gasoline with an.escalolion factor of 3.5% per year for salaries) and marketing materials and events per East Gateway 5 -Year Action Plan.
(10) Capitol (Royalty) Theater renovation contrRwtlon to be advanced from City Central Insurance Fund. First payment of $500,000 made In FY08-09_
(11( A€lordabte housing projects In the CRA,
I l21 For the implementation of Retail Recruitment Strategy and Vaughn Wedeen'sreport recommendations commissioned by the 008.
(131 Clearwater Centre Development Agreement-l-Ottify, Slreetscape and Impact fee payment not la exceed $1,041,000. Frsf year commitment paid,
Project under construction, Assessed value at land only.
(14) Marriott Res[dence Inn Development Agreement - $178,000 impact Fees paid in FY08-09. Remainder of Incentive: 50%of total TIP generated to be reimbursed by City portion,
up to 3400,000 over 6 years.
{15( Water's Edge Development Agreement - 50% of TIF generated to be reimbursed up Fa $1,035,000 for streetscape($500kj and impact fees ($535k),
(16] County TIF lunch are restricted to the following expenditures {County Ordinance 04 -10}:
Capital improvements, land acquisition, and environmental remediatlon. Per County, affordable housing is also an allowed expendilure.
These funds must be appropriated on a yearly basis to a project.
Prelim CRA 8 -Yr Plan FY11- 12.xlax CRA Six Year Plan Report Page 5 of 5 Revised 011€71011
w
•L
L %:Cf).
CRA Administrative Costs - Contributions to the Genera
9211 Total
_ �r) _ N. 00 r
CO R R co _ O
M ti +r CO CO
LS) ~ O ~ O ~ 11)
N CO CO CO
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m
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0 N CN N N N N LC)
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0
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r
0 1C
0 0
0 H
0)
m Co r-- N- N N CO
O o) O .— co O o)
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r-- .— O .— N
lC co co r-- ,— r--
03
U°� ° °o °O ° °O co
cn
_0
x
(0
> L En t_
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c O a(7 c
- §LL c, = =
/ -0 C C = .L O
L 0 C<0 O w
LP 0
* DDB contributes $59,779.00 for administrative costs
Increase
Attachment number 4
Page 1 of 1
City of Clearwater
CRA Project Summary Report as of 7/31/2011
Description Revised Budget Available Balance
388 -92839 Downtown Intermodal (1,300)
388 -92840 St. Petersburg Times Property (3,300)
388 -94714 Downtown Redevelopment 1,044,579 1,025,169
388 -94765 IMR Development 99,271 94,611
388 -94847 Clw Centre- 1100 Cleveland 1,040,000 534,083
388 -94849 East Gateway 569,591 90,997
388 -94851 Affordable Housing 250,000 250,000
388 -94852 Retail Attraction /Assistance 415,000 76,593
388 -94853 Cleveland District Branding 176,000 115,450
388 -94855 Cleveland Auto EPA Loan #2 350,000
388 -94856 Marriott Residence Inn 242,933 31,425
388 -94859 Station Square Development 460,000 460,000
388 -94860 Water's Edge (opus) 541,989 92,649
388 -94862 CarPro Site 325,000 12,931
388 -94864 Mainstreet Clearwater Developm 50,000
388 -94865 Rule Development 150,000
388 -94867 St. Vincent de Paul Property Aq. 625,000 625,000
388 -94868 Economy Inn Demolition 224,473 81,225
388 -99881 Clwr Automotive -Gen Maint 187,659 184,414
388 -99963 Econ Dev. Incentive Project 153,861 95,136
388 -99968 Cleveland Str. Maintencance 82,676 64,757
388 -99979 Fagade Program Implemenations 262,165 208,267
388 -99986 Town Lake Property 259,538 214,830
Total
7,509,735 4,252,937
Attachment number 5
Page 1 of 1
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2011/2012
in the amount of $145,796.57 to underwrite the cost of additional Community Policing Services by the Clearwater Police
Department in the East Gateway CRA District, pursuant to the East Gateway Five -Year Action Program and authorize the
appropriate officials to execute same.
SUMMARY:
The CRA approved the East Gateway District Five —Year Action Program on May 13, 2008. The Action Program responded to
public input on the issues of drug dealing, prostitution and street crime by including an action item for increased police presence
and crime reduction within the East Gateway District.
An allowable funding source of this action item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statues allows for
the use of TIF funds for community policing innovations in Community Redevelopment Areas.
The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in
the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to
monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to
the CRA/East Gateway area.
Type: Other
Current Year Budget ?: None Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
2011 to 2012
Annual Operating Cost:
Total Cost: $145,796.57
Appropration Code Amount Appropriation Comment
388 -94849 $145,796.57
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 6
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this day of
, 2011 by and between the Community Redevelopment Agency
of the City of Clearwater, Florida (CRA), a redevelopment agency established
pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the
State of Florida.
WHEREAS, this Agreement is made and entered between the parties
pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969 "; and
WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use
of Tax Increment Funding (TIF) funds for community policing innovations in
Community Redevelopment Areas; and
WHEREAS, the CRA has established a Five Year Plan that contains an
East Gateway Character District Strategy, which includes the element to "provide
a more visible community policing presence within the East Gateway
neighborhood "; and
WHEREAS, the CRA has ascertained that the East Gateway area
continues to experience a critical need for an enhanced community policing
presence in order to specifically reduce drug dealing, prostitution, and street
crimes in the target area; and
WHEREAS, the CRA and the CITY entered into an Interlocal Agreement
during the Fiscal Year 2008/2009 in order to provide for the CRA's financial
contribution to an additional community policing presence by the CITY in the East
Gateway area above and beyond the current activity levels; and
WHEREAS, the CRA has funded two police officers for Fiscal Year
2010/2011 and wants to continue the use of TIF funds to fund the program; and
WHEREAS, the CRA and the CITY want to enter into another Interlocal
Agreement during the Fiscal Year 2011/2012, outlining the scope of services and
responsibilities of the parties.
NOW THEREFORE, in consideration of the covenants made by each
party to the other and of the mutual advantages to be realized by the parties
hereto, the CRA and the CITY agree as follows:
Section 1. Term. The term of this Interlocal Agreement will be October
1, 2011 through September 30, 2012.
Attachment number 1
Page 2 of 6
Section 2. Intent. It is the intent of the parties that the TIF funds paid to
the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used
to provide a more visible community policing presence within the East Gateway
neighborhood.
Section 3. Responsibilities of the CRA
Function:
A. Provide TIF funding in the total amount of $145,796.57 for
the contract year, said funds to be utilized by the Clearwater
Police Department (CPD) to provide the community policing
presence, to be allocated in the following manner:
B. $144,032.57 to pay for the salaries, and benefits for two (2)
police officers for the contract year. Exhibit "A," Position
Enhancement Fact Sheet, attached hereto and incorporated
by reference, contains detailed specifications on salary and
benefits.
C. $1,764, the estimated fuel cost for the contract year for a
police vehicle used by the two (2) police officers within the
East Gateway Area.
Section 4. Responsibilities of the CITY
Scope of Duties. The services that the CITY will provide will be
carried out the CPD. These services are:
A) Implementation of a Law Enforcement Strategy in the East
Gateway area as follows:
Goal: Reduce drug dealing, prostitution, and street crimes.
1. Objective 1: Remove identified dealers and career criminals
from the area.
Tasks:
a) Identify the drug dealers and gang members in the
area
b) Gather intelligence information utilizing undercover
techniques and surveillance equipment.
c) Develop confidential informants to assist in furthering
criminal investigations of the "worst of the worst"
offenders.
Outcome Measures:
2
Attachment number 1
Page 3 of 6
a) Develop two (2) confidential informants in the target
area
b) File criminal charges against 100% of identified drug
dealers in the target area.
c) Complete FIR's /Reports on 100% of suspected gang
members in the target area.
2. Objective 2: Reduce incidence of prostitution and
solicitations by "Johns" in the target area.
Tasks:
a) Conduct reverse prostitution "stings" utilizing police
officers as decoys.
b) Utilize directed patrol to discourage prostitutes and
"Johns" from frequenting the area.
c) Impound vehicles of "Johns) who are arrested for
soliciting prostitutes or police decoys in the area.
d) Coordinate with the City's Community Response
Team to enhance code enforcement in the target area
relative to properties that are in disrepair and
negatively impact the quality of life in the East
Gateway.
Outcome measures:
a) Conduct minimum of three (3) reverse sting
operations annually.
b) Conduct quarterly inspections in conjunction with
Community Response Team of properties that are in
disrepair and negatively impact the quality of life in
the East Gateway.
3. Objective 3: Reduce crimes committed by and
against homeless individuals in the target area.
Tasks:
a) Utilize directed patrol in areas known to be frequented
by homeless individuals.
b) Enforce statutes and ordinances against public
drinking, public urination, loitering, etc.)
Outcome Measures:
a) 100% of violations of criminal law or ordinances will
result in arrest, citation, warning, or referral to the
appropriate social services agency over a five -year
period.
b) 100% of trespass violations will result in trespass
warnings within the East Gateway area over a five -
year period.
Attachment number 1
Page 4 of 6
B) In order to carry out the Law Enforcement Strategy above,
the CPD will provide the following:
1. Two (2) fully equipped police officers to provide law
enforcement services to the target area defined as the East
Gateway for a minimum of 40 hours per week.
2. Specific duties, activities, and responsibilities:
a) The officers will be assigned to a Community Policing
Team with geographical responsibility for the East
Gateway.
b) The Team assignment will always ensure coverage
by two (2) officers.
c) Schedules of the officers will vary based on the
determination of the CRA, CITY and Police
management to best serve the residents and
business owners in the East Gateway area.
d) Officers will patrol by both vehicles and bicycles.
e) A report of police activities and statistical information
will be provided to the CRA on a scheduled basis.
f) The officers selected will be experienced, current
member of the CPD.
3. An existing, fully- equipped Crown Victoria Police Car.
C) All CRA funds pursuant to this agreement will be kept in the
CPD's departmental account.
D) No charges to the CRA account will be made for activities or
hours worked by the two (2) officers outside the CRA area or
for equipment used outside the CRA area.
E) Other administrative duties as mutually agreed.
Section 5. Notice. Sixty (60) days 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 South Osceola Avenue
Clearwater, Florida 33756
City of Clearwater
Attn: Rod Irwin, Asst City Mgr. for Econ. Development
112 South Osceola Avenue
Clearwater, Florida 33756
Telephone: (727) 562 -4040
4
Attachment number 1
Page 5 of 6
Section 6. 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 7. Indemnification. The CRA and the CITY agree to be fully
responsible for their own acts of negligence, or their respective agents' acts of
negligence when acting within the scope of their employment, and agree to be
liable for any damages resulting from said negligence only to the extent permitted
by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be
construed as a waiver of any immunity from or limitation from liability that the
CRA and the CITY are entitled to under the doctrine of sovereign immunity
(Section 768.28, Florida Statutes). Nothing herein shall be construed as consent
by the CRA or the CITY to be sued by third parties in any manner arising out of
this Agreement.
Section 8. Maintenance of Effort. The expenditures authorized by this
Agreement are solely and exclusively to increase community policing activity and
resources. The City agrees that no diminishment of existing police efforts in the
East Gateway will occur as a result of this agreement.
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.
IN WITNESS WHEREOF, the parties hereto, or their law representatives,
have executed this agreement as the date first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard, Chairperson
ATTEST:
By:
Rosemarie Call, City Clerk
5
Attachment number 1
Page 6 of 6
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
6
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve the Interlocal Agreement with the Downtown Development Board (DDB) to provide personnel, administrative and
management responsibilities during Fiscal Year 2011 -2012 in the amount of $62,170 and refund the CRA tax increment fee of
$144,252.
SUMMARY:
Florida Statutes 163.387 requires all taxing authorities, which includes the DDB, to make an annual appropriation in an
amount equal to the incremental increase in the ad valorem revenue within the CRA area. The DDB's increment
payment is $144,252 according to the Pinellas County Property Appraiser's office. In a spirit of cooperation to further
the downtown redevelopment plan, the CRA Trustees executed the first Interlocal Agreement in Fiscal Year 1999 -2000
to provide personnel, administrative and management responsibilities to the DDB and to refund the difference between
the increment payment and the management fee. This is the twelfth fiscal year that the CRA would enter into the
agreement.
Pursuant to Florida Statute 163.01, the CRA and DDB can enter into this agreement in which the DDB agrees to
perform certain responsibilities and functions including funding projects and programs consistent with and in
furtherance of the downtown redevelopment plan. The intent of this agreement is for the DDB and the CRA to work
collaboratively on projects and programs that further downtown goals and objectives. For the second year in a row,
downtown retail and restaurant recruitment programs and downtown events are the focus for the CRA and the DDB
collaboration. The management of the DDB by CRA staff enables the CRA and the DDB to utilize the public dollars
more efficiently.
The agreement also outlines the DDB's commitment to financially support the construction debt service,
operation and maintenance of the boat slips, docks, boardwalk, promenade and related facilities
proposed to be constructed on the Downtown Waterfront. The DDB has made yearly contributions of
$50,000 since April 2007. Due to the economy, the City determined that it was not in the best interest of
the City and the taxpayers to borrow funds for construction of the boat slips. Instead, the City paid for the
majority of the construction costs from City reserves. 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. The intent
of the DDB is to contribute up to $50,000 a year for 10 years for a total not to exceed $500,000.
The DDB shall pay the CRA $62,170 for the services agreed to in the Interlocal Agreement.
The DDB approved the Interlocal Agreement at their meeting on August 3, 2011.
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 5
INTERLOCAL AGREEMENT
This Interlocal Agreement is made and entered into this
day of , 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 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 $144,252.00 and the $62,170.00
the DDB pays the CRA for administration.
1
2011 -12 CRA /DDB Interlocal Agreement
Attachment number 1
Page 2 of 5
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,
2011 through 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, 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 $62,170.00 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 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 $500,000.00, to the cost of construction debt service, operation, and
maintenance of the Proposed Facilities.
2
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
2011 -12 CRA /DDB Interlocal Agreement
3
Attachment number 1
Page 3 of 5
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
I. Administer the Retail and Restaurant Recruitment Grant,
Facade 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, 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
2011 -12 CRA /DDB Interlocal Agreement
Attachment number 1
Page 4of5
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.
Section 6. Contribution by DDB. The DDB shall contribute $50,000.00
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 $50,000.00 in April
2008, 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 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
2011 -12 CRA /DDB Interlocal Agreement
Attachment number 1
Page 5 of 5
IN WITNESS WHEREOF, the parties hereto, or their lawful representative,
have executed this agreement as the date first above written.
COMMUNITY REDEVELOPMENT AGENCY
BY:
Chairperson, Board of Trustees
Frank Hibbard
Approved as to form: Attest:
Pamela K. Akin
City Attorney
5
Rosemarie Call
City Clerk
DOWNTOWN DEVELOPMENT BOARD
BY:
David Allbritton, Chairperson
2011 -12 CRA /DDB Interlocal Agreement
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve the Grant Funding Agreement between the CRA and Clearwater Downtown Events, Inc, a 501c3 Not - for- Profit
Corporation, for the provision of a revised and enhanced schedule of Blast Friday events in the Cleveland Street District; approve a
$75,000 grant to Clearwater Downtown Events, Inc. to underwrite a portion of the expanded Blast Friday Program; and authorize
the appropriate officials to execute same.
SUMMARY:
CRA staff and the Clearwater Downtown Events, Inc., volunteer group have had discussions concerning a mutual
desire of the group, and CRA staff, to expand and improve the Blast Friday event so that each event provides a
draw approaching the highly successful Miracle on Cleveland Street in December.
The CRA staff objectives are to 1) support existing retail business viability in a period of economic downturn by
creating larger crowds to create dining and retail demand for businesses in the Cleveland Street District; and, 2)
provide our retail recruitment efforts with a better customer base to encourage new retailers /restaurateurs with the
confidence to locate in the Cleveland Street District during the current economic downturn; 3) expose additional
potential restaurant/retail customers and investors to the Cleveland Street District through attendance at District
events.
With the state of the economy and the status of the new residential buildings in downtown, the two major attractors
to accomplish the CRA objectives delineated above are: 1) the Capitol Theatre and 2) the 4th Friday events. The
Capitol Theatre is expanding program offerings and, the CRA staff and the 4th Friday volunteer group wish to see
an increased frequency and quality of the 4th Friday events to create 10 signature events (similar in draw to the
Miracle on Cleveland Street at Christmas).
This year, Clearwater Downtown Events, Inc., has proposed a business concept to restructure and enhance their
program operations, including a management and production agreement with Ruth Eckerd Hall, with a financing
plan based upon, in part, a CRA grant of $75,000 and a Downtown Development Board grant of $50,000. The
remainder of costs would be through sponsorships and/or Ruth Eckerd hall participation.
The intent of the new model is for the Clearwater Downtown Events group to leverage the production and
marketing expertise and capacity of Ruth Eckerd hall to materially enhance the quality and attendance at the
events. Downtown Events, Inc. would continue to have overall responsibility for the Blast Friday series and be
responsible for the grant administration.
The attached Grant Funding Agreement memorializes the discussions and provides for a $75,000 grant
appropriation from the CRA Redevelopment Fund to partially fund the $181,878 budget.
CRA staff recommends approval of the Grant Funding Agreement and approval of $75,000 to fund the CRA
contribution.
Type: Other
Current Year Budget ?: No Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost: $75,000 Annual Operating Cost:
Not to Exceed: Total Cost: $75,000
For Fiscal Year: 2011 to 2012
Appropration Code
Amount Appropriation Comment
0188 - 09311 - 5871000 $75000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Attachment number 1
Page 1 of 2
BLAST! Fridays
Downtown Clearwater
Business Plan
Presented by:
Ruth Eckerd Hall, Inc.
and Downtown Clearwater Events, Inc.
PURPOSE
The purpose of the BLAST! Friday is to present quality events that will consistently attract large
numbers of people to downtown Clearwater. Ruth Eckerd Hall, in conjunction with the City of
Clearwater and Downtown Clearwater Events, Inc. has the expertise to build upon the incredible
work that has already been done and take BLAST! Friday to the next level.
SUMMARY
Ruth Eckerd Hall's programming, production and marketing expertise will bring quality
professional name acts and themed events to downtown Clearwater which will consistently draw
an even greater number of people than in the past. Ruth Eckerd Hall believes that we can take
the success of the events to the next level by confirming as much of the series early on in order to
drive:
✓ Community awareness - individuals and families can mark the dates on their calendar,
get excited about the performances and themed events and spread the word to others in
the community
✓ Vendors - ability to attract quality vendors that are more willing to commit for the
entire series
✓ Retailers - will have the information to promote the event and plan promotional
opportunities, special discounts, etc.
✓ Media /Media Partners - will have the information to include in more listings and
ability to approach potential media /radio sponsors
✓ Sponsors — a confirmed list of concerts and themed events allows you to sell an
"experience" and gives the sponsors higher and more frequent media visibility
The advance confirmation of acts and themed events will allow us to maximize our marketing
plans and leverage our current resources within the organization, including the utilization of
student performers from the Marcia P. Hoffman Performing Arts Institute at Ruth Eckerd Hall to
enhance an event(s). This, along with the high visibility that will be provided through the in-
kind advertising support from Brighthouse Networks and the St. Petersburg Times, will
strengthen our ability to attract new sponsors.
Ruth Eckerd Hall will be directly responsible for directly booking the performances, producing,
marketing and managing the events. In addition to providing police for security and traffic, the
City of Clearwater Parks & Recreation Division will supply personnel at cost for set up, tear
down and clean up (including stage) and trash maintenance. Other items that will be made
available on a rental basis are portalets, dumpsters and garbage can liners.
Attachment number 1
Page 2 of 2
The suggested dates for 10 events are as follows:
1. Sept. 30, 2011
2. Oct. 28, 2011
3. Nov. 18, 2011
4. Dec. 2, 2011 (Miracle)
5. Dec. 30, 2011 (Fireworks)
6. Jan. 27, 2012
7. Feb. 24, 2012
8. Mar. 30, 2012
9. Apr. 27, 2012
10. May 18 or Jun. 1, 2012
FINANCIALS
• The estimated cost to present, produce and manage 10 events (including Miracle) is
estimated to be $181,878.
• Cash support from the Community Redevelopment Agency ($75,000 request) and the
Downtown Development Board ($50,000 approved) is critical seed money, as is the
ongoing in -kind advertising support from Brighthouse and the St. Petersburg Times.
• Even with estimated earned revenue through vendor /booth sales and beverage sales, we
anticipate a $20,720 shortfall. Ruth Eckerd Hall will try to raise the funds through
sponsorships. However, we are prepared to absorb this shortfall in the event sponsorship
funding is not sufficient.
Attachment number 2
Page 1 of 1
BLAST! Friday Budget*
REVENUE CATEGORY /Description Amount
CONTRIBUTED $ 125,000
Clearwater Redevelopment Agency
Downtown Development Board
EARNED
Beverage Sales/Vendor rentals
TOTAL REVENUE
36,158
161,158
EXPENSE CATEGORY /Description
EVENT LABOR $ 27,736
Set Up /Tear Down /Clean up
Stage set up /tear down
Trash Maintenance
SITE PREP $ 27,768
Portalets
8 -yd Dumpster
Garbage Can Liners
Misc. Equipment Rental (i.e. tables)
Snow slide /Ice
Permits
Fireworks
Vendor /Booth Mgmt.
Incidentals
CROWD MANAGEMENT $ 11,754
Police
Security /Traffic
Wristband for Age Verification
Drink Tickets
Event Insurance
PROGRAMMING $ 104,120
Artist Fees
Production
Catering
Security
Runner
MARKETING $ 10,500
Media - Radio
Printing
Event Photographer
Other
TV Spot Production
ADMINISTRATION **
Event Management
Production Management
Booking
Public Relations
Graphic Design
Website & email support
Sponsor Solicitation & Support
Finance & Administration
Provided by REH
at no cost
TOTAL EXPENSES $ 181,878
NET SURPLUS /(DEFICIT) (20,720)
* Includes a total of 10 events; the events consist of at 8 music - centered
events; one event which supports the City's "Miracle" festivities and one
end of year event with Fireworks
** REH will be seeking sponsorship support. Any net positive revenue
from sponsorship or otherwise would offset project losses and cover
REH's administrative overhead costs
Attachment number 3
Page 1 of 4
CLEARWATER COMMUNITY REDEVELOPMENT AGENCY GRANT FUNDING
AGREEMENT
This Grant Funding Agreement is made and entered into this day of August 2011,
between the COMMUNITY REDEVELOPMENT AGENCY, hereinafter the CRA, and
CLEARWATER DOWNTOWN EVENTS, INC., a Florida non - profit corporation, hereinafter
referred to as the "Downtown Events ".
WHEREAS, one of the purposes of the Downtown Redevelopment Plan (the Plan) is to create
"a unique place that fosters community interaction and fun... for Clearwater residents and
tourists alike. "; and
WHEREAS, a goal of the Plan is to create "downtown as a memorable place to be enjoyed by
residents and visitors that capitalizes on Clearwater's waterfront location, natural resources,
built environment and history. "; and
WHEREAS, an objective of the Plan is to encourage a variety of visual and performing arts
activities and programs within the downtown; and
WHEREAS, the CRA and Downtown Events desire to continue, expand and improve the Blast
Friday events on Cleveland Street; and
WHEREAS, The Blast Friday events: 1) support existing retail business viability in a period of
economic downturn by creating larger crowds to create dining and retail demand for businesses
in the Cleveland Street District; and, 2) provide our retail recruitment efforts with a better
customer base to encourage new retailers /restaurateurs to locate in the Cleveland Street
District during the current economic downturn; 3) expose additional potential restaurant /retail
customers and investors to the Cleveland Street District through attendance at Blast Friday
Events; and
WHEREAS, the CRA has determined that is necessary to provide a one year grant as seed
money to partially underwrite the production and management of an enhanced 2010 -2011
season of the Blast Friday events as provided in the attached business plan (Exhibit A ).
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1,
2011 and continuing through June 30th, 2012, (the "Termination Date "), unless earlier
terminated under the terms of this agreement.
1
ARTICLE II. RESPONSIBILITIES OF DOWNTOWN EVENTS
Services to be Provided. Downtown Events shall develop, produce and manage a
2010 -2011 season of ten (10) Blast Friday signature events to promote Cleveland Street
as more fully described in Exhibit A. Such events shall be coordinated with the CRA
Executive Director to ensure that the programming is consistent with the intent of the
g rant.
2) Scheduled Reports of Activities. Downtown Events shall furnish the CRA a financial
report and accounting of the use of the CRA funds quarterly and at the end of the 2011-
1
Attachment number 3
Page 2 of 4
2012 season. The financial report is to set forth the total cost of operations provided,
and the detailed account of costs funded in part by the CRA.
3) Use and Disposition of Funds Received. Downtown Events shall deposit the CRA
grant funds in a dedicated, segregated account to be used for Blast Friday events only.
Funds received by Downtown Events from the CRA shall be used towards the payment
of expenses attendant to Blast Friday events only.
4) Other Funding. Downtown Events agrees to pursue DDB funding in the amount of
$50,000 and private support in the amount of $25,000 to partially fund the Blast Friday
events as delineated in Exhibit A.
5) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. Downtown Events shall create, maintain and make
accessible to authorized CRA representatives such financial and accounting
records, books, documents, policies, practices and procedures necessary to
reflect fully the financial activities of Downtown Events. Such records shall be
available and accessible at all times for inspection, review or audit by authorized
CRA personnel, and shall be made available in accordance with Chapter 119,
Florida Statutes (Public Records) and other applicable law.
b) Use of Records. Downtown Events shall produce such reports and analyses
that may be required by the CRA to document the proper and prudent
stewardship and use of the monies received through this agreement.
c) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the
applicable fiscal year.
6) Non - discrimination. Notwithstanding any other provision of this agreement, the
Downtown Events for itself, agents and representatives, as part of the consideration for
this agreement does covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination in the
operation of this program on the grounds of race, color, religion, sex, handicap,
age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on
the grounds of race, color, religion, sex, handicap, age, or national origin, except
that age may be taken into consideration to the extent that the age of an
employee is a bona fide occupational qualification, as permitted by law.
c) Breach of Non - discrimination Covenants. In the event of conclusive evidence
of a breach of any of the above non - discrimination covenants, the CRA shall
have the right to terminate this agreement immediately.
7) Liability and Indemnification. Downtown Events shall act as an independent contractor
and agrees to assume all risks of providing the program activities and services herein
agreed and all liability therefore, and shall defend, indemnify, and hold harmless the
2
Attachment number 3
Page 3 of 4
CRA, its officers, agents, and employees from and against any and all claims of loss,
liability and damages of whatever nature, to persons and property, including, without
limiting the generality of the foregoing, death of any person and loss of the use of any
property, except claims arising from the negligence of the CRA or CRA's agents or
employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to Downtown Events activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by Downtown Events whether or not based on negligence.
Nothing herein shall be construed as consent by the CRA to be sued by third parties, or
as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes
or the Doctrine of Sovereign Immunity.
8) Compliance with Laws. Downtown Events shall comply with all applicable federal,
state, county and local laws, rules and regulations. If it is ever determined that this
Agreement violates any federal, state, county or local laws, rules or regulations, then
Downtown Events shall comply in a timely manner or CRA may terminate.
ARTICLE III. RESPONSIBILITIES OF THE CRA
1) GRANT. The CRA agrees to a one -time grant in the amount of $75,000 to Downtown Events
to partially fund the costs incurred in providing the activities authorized by this agreement as
provided in Exhibit A hereto.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may
not be changed, modified or discharged except by written Amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement for cause
by giving the other party thirty (30) days notice of termination. If the default is not cured
within the thirty (30) day period following receipt of notice, this Agreement shall terminate on
the thirty -first (31st) day.
2) Disposition of Fund Monies. In the event of termination for any reason, monies provided to
Downtown Events by CRA but not expended in accordance with this Agreement shall be
returned to the CRA within 30 days of demand.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify
to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed.
3
Attachment number 3
Page 4 of 4
1) If to Clearwater Downtown Events,Inc. addressed to: William Sturtevant
President
Clearwater Downtown Events, Inc
P.O. Box 472
Clearwater, FL 33757
2) If to CRA, addressed to:
Executive Director,CRA
P. O. Box 4748
Clearwater, FL 33758 -4748
With copies to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758 -4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date written below.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
, 2010.
Countersigned: Community Redevelopment Agency
Frank V. Hibbard Rod Irwin
Chairman Executive Director
Approved as to form: Attest:
Pamela Akin
City Attorney
Rosemarie Call
City Clerk
CLEARWATER DOWNTOWN EVENTS, INC.
By:
William Sturtevant
Executive Director
Attest:
4
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Approve an Interlocal Agreement between the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) and
the City of Clearwater (City) that outlines responsibilities for the environmental cleanup of the CarPro site and authorize the
appropriate officials to execute same.
SUMMARY:
The purpose and intent of this Agreement is to provide a means by which the Agency and the City can mutually
work together to use their existing and anticipated resources available to meet specific expenses incurred for the
environmental cleanup of real property known as the CarPro (Project). It is also the purpose of this Agreement,
through assistance and cooperation, to define and delineate the responsibilities and obligations of the parties in
order to accomplish the mutually beneficial Project.
The CarPro site in the East Gateway area of the downtown has long been considered an impediment to the
redevelopment of the area. For this reason, the CRA acquired this property in August 2010. Due to the value added
incurred in obtaining this parcel, the CRA accepted these parcels as is and without warranties, and is responsible
for the demolition of all structures, and for any future environmental due diligence and mitigation.
The City received funds from EPA as part of the Brownfields Cleanup Revolving Loan Fund and determined that
the best use of the remaining funds would be for the cleanup of the CarPro site. The City also determined that the
Agency is in a better position to convey the Site to a developer or other private entity if it provides for the
environmental cleanup of the Site. Resolution 11 -19 authorizes a loan up to $325,440 to the CRA for the cleanup
of the site.
A main objective of the Agreement is to outline that the City, rather than the CRA, is in a better position to enter
directly into contracts for environmental cleanup of the Project.
The cleanup of the project is currently estimated at $325,440, confirmed by an engineer's estimate. While we do
not anticipate that these costs will be exceeded, the Agreement allows the City, through its Brownfields program or
other sources, or the agency to cover the additional cost of remediation and preparing the site for redevelopment.
The funds appropriated by the City from the BCRLF will have a zero interest rate and be utilized by the CRA for
this purpose and shall be repaid to the BCRLF by the City or the CRA either from: a) amounts repaid to the City or
the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the
environmental cleanup provided for herein; b) TIF funds; c) the General Fund of the City through budget
appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental
cleanup of the other sites; d) other means legally sufficient and approved by EPA. The repayment term is five
years from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion
order (SRCO). It is the intent of the CRA to use either sale proceeds, TIF, brownfields funds, and/or environmental
cleanup tax credit proceeds for the repayment of the loan. While City general funds are not anticipated to be used,
any payment from the City of Clearwater General Fund is subject to the annual appropriations process. As stated
earlier, a portion of the loan may be discounted to reduce total funds due to the BCRLF.
Cover Memo
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Attachment number 1
Page 1 of 14
INTERLOCAL AGREEMENT
(CarPro)
This INTERLOCAL AGREEMENT (the "Agreement "), made and entered into as of this
day of , 2011, by and between the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State
of Florida (the "Agency "), and the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (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 "Cooperation Act "), to permit the Agency and the City to make the most efficient
use of 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 provided for
in this Agreement in the manner that will best accord 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 downtown community redevelopment area in
the corporate limits 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 common and which each might exercise separately; and
WHEREAS, the Agency is responsible for 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 0.28 mol acre site
located in the community redevelopment area in the downtown area of the City (the "Project
Site ") redeveloped and rehabilitated by private sector development; and
WHEREAS, the City and 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 promote 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 powers
available under Part III, Chapter 163, Florida Statutes, as amended (the "Redevelopment Act "), to
aid, assist and cause the acquisition of the Project Site and make it available for sale, in whole or
Attachment number 1
Page 2 of 14
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 of certain funds and is acting as the "lending
institution" pursuant to the Brownfields 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 to 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 for the environmental
cleanup of the Project Site; and
WHEREAS, the City and the Agency are now in agreement that it is more efficient for
the City, rather than the CRA, 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 Resolution 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 financial responsibility to fund any such shortfall each in its sole discretion;
and
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the
Agency and the City agree as follows:
ARTICLE 1
AUTHORITY AND OBLIGATIONS
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 No. 81 -68 of the City adopted on
August 6, 1981, and other applicable provisions of law, all as amended and supplemented from
time to time.
1.2 Original Funding for the Cleanup and Authority for City to act on behalf of CRA
in contracting for Environmental Services related thereto. The City shall provide the Agency
funds from the City's BCRLF in the amount of $325,440 for the purpose of remediation of the
property known as the CarPro site, 1359 Cleveland Street, Clearwater, Florida, 33756, consisting
of approximately 0.28 mol acres. Such funds 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 summarized
in Exhibit 1 of Resolution No. 11 -19 (attached hereto and incorporated herein). The City also
agrees that it and/or the CRA shall provide in any contract for such environmental cleanup any
2
Attachment number 1
Page 3 of 14
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 requirements and
conditions of the EPA as contained in the Cooperative Agreement.
1.3 Authority for the City and /or the CRA to fund the cleanup in excess of the original
amount allotted under City of Clearwater Resolution 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 Resolution No. 11 -19 each at its own discretion. Further, the City may, in its sole
discretion, allot additional monies in the form of a loan to the CRA.
ARTICLE 2
DEFINITIONS
2.1 Definitions. As used in this Agreement, the following terms, when initially
capitalized, shall have the following meanings:
(a.) "Act" means Section 163.01, Florida Statutes, Part III, Chapter 163, Florida
Statutes, Chapter 166, Florida Statutes, Resolution No. 81 -68 of the City adopted on August 6,
1981, and other applicable provisions of law, all as amended and supplemented.
(b.) "Agency" means the Community Redevelopment Agency of the City, as created
by Resolution No. 81 -68 of the City, adopted by the City Council on August 6, 1981, including
any amendments thereto, and any successors or assigns thereto which can exercise
redevelopment powers.
(c.) "Agreement" means this Interlocal Agreement between the Agency and the City,
including any amendments, revisions and exhibits thereto.
(d.) "Area" means the area located within the corporate limits of the City having
conditions of slum and blight (as those conditions are defined in the Act) as found by the City
Council in Resolution No. 81 -67 adopted by the City Council on August 6, 1981.
(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
hereof.
(f.) "City" means the City of Clearwater, Florida, a Florida municipal corporation, and
any successors or assigns.
(g.) "Governing Body" means, in the case of the Agency, the governing body of the
Agency, and the City Council of the City in the case of the City, or any successor board, Council
or Council thereto.
(h.) "Project Site" means the approximately 0.028 mol 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 gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the singular shall include the plural as well as the singular number, and
the word "person" shall include corporations and associations, including public bodies, as well as
natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and
other equivalent words refer to this Agreement and not solely to the particular portion thereof in
which any such word is used. The words "party" or "parties" when referring to the initial
signatory parties to this Agreement shall also mean and include any successor or assign of such
party. References to "Agency" and "City" may refer to and include the Authorized
Representative thereof designated in accordance with Section 3.3 to the extent the Agency or
City has authorized its authorized representative to act on its behalf.
2.3 Florida Statutes. Any and all references herein to the "Florida 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 Florida convening subsequent to the Effective Date, and
which become law in accordance with the Constitution of the State of Florida.
ARTICLE 3
PURPOSE, FINDINGS, INTENT
3.1 Purpose. 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 Agreement to define and delineate the
responsibilities and obligations of the parties to this Agreement, and to express the desire of the
parties to cooperate together to accomplish the purposes and expectations of this Agreement.
3.2
hereto that:
Findings. It is hereby ascertained, determined, declared and found by the parties
(a.) The Area (in which is located the Project 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 Project 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 proximity
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 development in the Area and will enhance the quality
of life and the aesthetic and useful enjoyment 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 significant contribution to, the economic growth of the area of operation of the
Agency, and shall serve a public purpose by, among other things, advancing the economic
prosperity, the public health and general welfare of the State and its inhabitants, and promoting
the rehabilitation of the City and eliminating and preventing the creation and spread of blighted
areas in the area of operation of the Agency and the corporate limits of the City.
3.3 Authorized Representative.
(a) Each party may from time to time designate one or more individuals to be its
Authorized Representative to act on its behalf to the extent of the grant of any authority to such
representative. Written notice of the designation of such a representative (and any subsequent
change in the Authorized Representative) shall be given by the designating party to the other
party in writing in accordance with the procedure set forth in Section 9.9 hereof. 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 or the Agency is required by this Agreement, such action or approval may, in
the discretion of the party considering such approval or action, be taken or given by the
Authorized Representative thereof. A party to this Agreement may rely upon the representation
of the other party's Authorized Representative that such person has the requisite authority to give
the approval 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 upon by
the other party or revoke or deny any action taken by such Authorized Representative which was
relied upon by the other party
ARTICLE 4
PROJECT SITE
4.1 Ownership of the Project Site. As of the Effective Date, the Agency is the owner
of the Property of the Project Site.
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ARTICLE 5
REPAYMENT TO BCRLF
5.1 Repayment 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 of the Agency. The Agency represents and
warrants to the City that each of the following statements 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 requisite corporate
power and authority to carry on its business as now conducted and to perform its obligations
under this Agreement and each document contemplated hereunder to which it is or will be a
party.
(b.) This Agreement and each document contemplated hereby to which the Agency 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 Agency and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or 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 order 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 or
encumbrance upon any party under any indenture, mortgage, deed of trust, 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
of the Agency outstanding on the Effective Date.
(c.) This Agreement and each document contemplated 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 enforceability 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 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 or the financial
or corporate conditions of the Agency.
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(e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto.
6.2 Representations and Warranties of the City. The City represents and warrants to
the Agency that each of the following statements is presently true and accurate and can be relied
upon by the Agency:
(a.) The City is a validly existing municipal corporation of the State, has all requisite
corporate power and authority to carry on its business as now conducted and to perform its
obligations under this Agreement and each document 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 execution 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 obtained, (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 loan 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 obligations of
the City outstanding on the Effective Date.
(c.) This Agreement and each document contemplated 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 enforceability 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 City, threatened actions or
proceedings before any court or administrative agency against the City, which question the
validity of this Agreement or 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 or the financial
or corporate conditions of the City.
(e.) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable to the City.
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ARTICLE 7
INDEMNIFICATION
7.1 Indemnification by the Agency.
(a.) In consideration of the City entering into the agreements for environmental
cleanup and such other 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 employees from all suits, actions, claims, demands, damages, losses and
other reasonable expenses and costs of every kind and description to which the City, its agents,
guests, invitees or employees may be subjected to by reason of injury to persons or death or
property damage, loss of monies or other loss caused or allegedly caused, in whole or in part,
resulting from any omission, negligence or fault of the Agency, its agents or employees, the
environmental consultants, or their contractors or subcontractors in connection with (i) any
environmental cleanup, building, construction, installation or development work, service 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, or operation of all or
part of the Project Site by or for the Agency; provided, however, such 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 death or property 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 other than the City nor as a waiver by the
Agency of any liability of the City which the Agency may be entitled to recover damages
notwithstanding any provision of this Agreement to the contrary.
(c) In addition to the requirements of Section 7.1(a.), the City agrees that it will, on
behalf of the Agency, remediate the Project Site in accordance with the Brownfield Site
Rehabilitation Agreement (BSRA) dated April 21, 2011, between the CRA and the Florida
Department of Environmental Protection (the "Department ").
ARTICLE 8
DEFAULT; TERMINATION
8.1 Default by the Agency.
(a.) Provided the City is not then in default under this Agreement as set forth herein,
there shall be an "event of default" by the Agency under this Agreement upon the occurrence of
any one or more of the following:
(i.)
this Agreement; or
The Agency shall fail to perform or comply with any material provision of
(ii.) The Agency shall make a general assignment for the benefit of its
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creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a
petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition
seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or
similar relief under any present or future statute, law or regulation or shall file an answer
admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it
in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee,
receiver or liquidator of the Agency or any material part of its properties; or
(iii.) Within sixty (60) days after the commencement of any proceeding by or
against the Agency seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution or similar relief under any present or future statute, law or regulation,
such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment
without the consent or acquiescence of the Agency or any trustee, receiver or liquidator of the
Agency or of any material part of its properties, such appointment shall not have been vacated.
(b.) If an "event of default" as described herein shall have occurred, the 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 terms of this Agreement.
8.2 Default by the City.
(a.) Provided the Agency is not then in default under this Agreement as set forth
herein, there shall be an "event of default" by the City under this Agreement upon the occurrence
of the following: (i) the City shall fail to perform or comply with any material provision of this
Agreement.
(b.) If an "event of default" as described herein shall have occurred, the Agency, after
giving thirty (30) days written notice of such event of default to the City, and upon expiration 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, Rights and Remedies Exclusive. The rights and remedies specified
herein to which either the Agency or City are entitled are exclusive and are intended to be to the
exclusion of any other remedies or means of redress to which the Agency or the City may
otherwise lawfully be entitled.
8.4 Non - Action on Failure to Observe Provisions of this Agreement. The failure of
the Agency or the City to promptly insist upon strict performance of any term, covenant,
condition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the
City may have, and shall not be deemed a waiver of a subsequent default or nonperformance of
such term, covenant, condition or provision.
(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 one to the other in any way, financial or
otherwise, for any claim or matter arising from or as a result of this Agreement or any actions
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 made against the City or the
Agency, or both of them, seeking damages, expenses and costs (including attorneys' fees), or any
other relief, arising from or as the result of any omission, negligence or fault of the City or the
Agency in connection with this Agreement or any actions taken by the City or the Agency, or
both of them, hereunder or contemplated hereby, the indemnification provisions of Article 7
hereof shall apply and shall survive termination of this Agreement.
8.5 Termination Certificate
(a) In the event of a termination of this Agreement prior to the Expiration Date, each
of the parties hereto does covenant and agree with the other to promptly execute a certificate
prepared by the party electing to terminate this Agreement, which certificate shall expressly state
that this Agreement has been terminated in accordance with its terms, is no longer of any force
and effect except for those 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 hereof).
(b) The certificate described in subsection (a) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records 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 to time, which amendments shall become
effective upon filing thereof with the Clerk of the Circuit Court of Pinellas County, Florida,
pursuant to Section 163.01(11), Florida Statutes.
9.2 Agreement 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 or any person not a party
to this Agreement without the express prior approval of the other party to this Agreement.
9.4 Severability. The provisions of this Agreement are severable, and it is the
intention of the parties to confer the whole or any part of the powers herein provided for and if
any of the provisions of this Agreement or 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
court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby
declared to be the intent of the parties hereto that this Agreement would have been adopted,
agreed to, and executed had such unconstitutional, invalid or void provision or power not been
included therein.
9.5 Controlling law. Any and all provisions of this Agreement and any proceeding
seeking to enforce and challenge any provision of this Agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Pinellas
County, Florida.
9.6 Members of the Agency and City Not Liable.
(a.) All covenants, stipulations, obligations and agreements of the Agency and the
City contained in this Agreement shall be deemed to 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 covenant, stipulation, obligation or agreement of any present or future individual
member of the governing body or agent or employee of the Agency or the City in its, his or 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 or shall be subject to
any accountability by reason of 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 own 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 total due to
the BCRLF as specifically provided for 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 force and effect, except to the extent any provision hereof
expressly survives the Expiration Date.
9.8 Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is
intended or shall be construed to confer upon any person, firm or corporation other than the
parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this
Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and
all its provisions are intended to be and are for the sole and exclusive benefit of the parties
hereto.
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9.9 Notices. Any notice, demand, direction, request or other instrument authorized or
required by this Agreement to be given or filed with the Agency or the City shall be deemed
sufficiently given or filed 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 of
Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: Executive Director
City of Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: City Manager
9.10 Execution of Agreement. This Agreement shall be executed in the name of the
Agency by its Chairman and 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 to 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 officers 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 sufficient for all purposes. This Agreement shall bear the signature of,
or may be signed by, such individuals as at the actual time of the execution of this Agreement
shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall
be deemed to have been duly and properly executed even though on the Effective Date any such
individual may not hold such office.
9.11 Filing With Circuit Court Clerk. The City Clerk is hereby authorized and directed
after approval of this Agreement by the Governing Body of each of the Agency and the City and
the execution thereof by the duly qualified and authorized officers of each of the parties hereto as
provided in Section 9.10 hereof, to file this Agreement with the Clerk of 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
163.01(11), Florida Statutes.
9.13 Maintenance of Records. The parties will keep adequate records and supporting
documentation applicable to this contractual matter in accordance with the terms and conditions
of the Cooperative Agreement. Agency shall provide all reports necessary for the City to meet its
reporting requirements with the EPA, as determined by the City. In addition, the Agency shall
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maintain and submit any and all reports in compliance with local, State and Federal law.
9.14 Compliance 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.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
Frank V. Hibbard
Chairperson
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form: Attest:
Leslie K. Dougall -Sides
Assistant City Attorney
Rosemarie Call
City Clerk
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by ROD IRWIN and ROSEMARIE CALL, as Executive
Director and City Clerk, respectively, of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, on behalf of the Agency, this day of , 2011.
My Council Expires:
(Affix notarial seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
Notary Public
The foregoing instrument was acknowledged before me by WILLIAM B. HORNE II and
ROSEMARIE CALL, as City Manager and City Clerk, respectively, of the CITY OF
CLEARWATER, FLORIDA, on behalf of the City, this day of
, 2011.
My Council Expires: Notary Public
(Affix notarial seal)
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RESOLUTION NO. 11 -19
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE USE OF UP TO $325,440
FROM FUNDS PROVIDED TO THE CITY BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AS
PART OF THE BROWNFIELDS CLEANUP REVOLVING
LOAN FUND PROGRAM TO PROVIDE FOR THE
CLEANUP OF THE CAR PRO SITE OWNED BY THE
COMMUNITY REDEVELOPMENT AGENCY AND
PROVIDING THE BASIS FOR THE REPAYMENT OF THE
FUNDS BY THE REDEVELOPER OR OTHER PRIVATE
ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR
OTHERWISE BY THE CITY, SUBJECT TO CERTAIN
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property, located at 1359 Cleveland Street, (the "Site ") in the
City of Clearwater is located in a community redevelopment area as lawfully
established; and
WHEREAS, a Community Redevelopment Agency has been established and is
authorized to exercise the extensive and broad redevelopment powers contained in the
Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the
"Act "); and
WHEREAS, the City of Clearwater is the custodian of funds and "lending
institution" pursuant to the Brownfields Cleanup Revolving Loan Fund ( "BCRLF ")
established; and
WHEREAS, the City desires to utilize certain funds to be provided to the City by
the United States Environmental Protection Agency (the "EPA ") as part of the
Brownfields Cleanup Revolving Loan Fund (the "BCRLF ") to assist the CRA in the
exercise of such redevelopment powers as contained in the Act in order to provide for
the environmental cleanup of the Site so that it is available to developers and other
private parties for economic redevelopment of the site consistent with the Act; and
WHEREAS, such funds will be provided by the EPA to the City as needed to
meet specific expenses properly incurred by the CRA in connection with contracts
entered into directly by the CRA for the environmental cleanup of the Site; and
WHEREAS, the Site is owned by the CRA, which is in a better position to convey
the Site to a developer or other private entity if the CRA provides for the environmental
cleanup of the Site; and
Resolution No.11 -19
Attachment number 2
Page 2 of 6
WHEREAS, there will be money available within the BCRLF in Account # 181-
99802 and # 388 -94869 for such purposes when needed; and
WHEREAS, the City desires to set forth the basis for the use of such funds as
received from the EPA for the Site and the method of repaying such funds into the
BCRLF; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City is hereby authorized and directed to appropriate funds
available or to be made available by the EPA in the BCRLF, to the CRA in the amount
of up to $325,440.00 for the purposes of providing for the environmental cleanup of the
Site.
Section 2. As part of the use of such funds the City hereby incorporates by
reference the requirements and conditions of the EPA as contained in the Cooperative
Agreement between the City and the EPA in connection with the establishment of the
BCRLF, and summarized in the attached Exhibit 1. The City also agrees that it and /or
the CRA shall provide in any contract for such environmental cleanup any language
required by the EPA in connection therewith.
Section 3. The funds so appropriated by the City from the BCRLF will have a
zero interest rate to be utilized by the CRA for this purpose and shall be repaid to the
BCRLF by the City or the CRA either from (in priority order): a) amounts repaid to the
City or the CRA from the private developer or another party to whom the CRA ultimately
conveys the Site following the environmental cleanup provided for herein; b) TIF funds;
c) the General Fund of the City through budget appropriations in subsequent years so
that such BCRLF may be made available by the City for the environmental cleanup of
other sites; d) other means legally sufficient and approved by EPA. Any payment from
the City of Clearwater General Fund is subject to the annual appropriations process.
The repayment term is five years from the completion of the environmental cleanup of
the site as indicated by a site rehabilitation completion order (SRCO).
Section 4. Borrowers and conditions for discounted loans. BCRLF grantees
may offer discounted loans to those entities provided in CERCLA section 104 (k) (1)
including political subdivisions, and others. For an individual loan, the amount of the
principal discounted may be a percentage of the total amount up to 30 percent,
provided that the total amount of the principal forgiven shall not exceed $200,000.
2 Resolution No 11 -19
Attachment number 2
Page 3 of 6
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2011.
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall -Sides
Assistant City Attorney
Rosemarie Call
City Clerk
3 Resolution No 11 -19
Attachment number 2
Page 4of6
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
Conduct BCRLF response activities in accordance with the cooperative agreement and
CERCLA and consistent with the NCP for the percentage of funds originating from EPA.
ELIGIBLE ACTIVITIES
• Clearwater BCRLF pilot funds will be used for environmental cleanup activities on
contaminated redevelopment sites in the City's designated Brownfields area. BCRLF
cleanups will meet the NCP requirements identified for non -time critical cleanup
actions —i.e., cleanup actions for which a planning period of at least 6 months exists.
These include actions associated with removing, mitigating, or preventing the release or
threat of a release of a hazardous substance, pollutant, or contaminant.
■ BRCLF pilot funds may be used to clean up sites with an actual release or substantial
threat of a release of hazardous substance, or at sites which pose a substantial danger
to the public health or welfare.
■ BCRLF pilot loan funds may be used for site monitoring activities that are reasonable
and necessary during the cleanup process.
■ BCRLF funds may be used for costs associated with meeting public participation,
worker
health and safety, and interagency coordination requirements.
• BCRLF grantees may offer discounted loans to those entities provided in CERCLA
section 104 (k) (1) including states, political subdivisions and others, as well as non profit
organizations. The amount of the principal discounted may be any percentage of the total
loan amount up to 30 percent, provided that the total amount of the principal forgiven
shall not exceed $200,000 per project.
INELIGIBLE ACTIVITIES
• Clearwater BCRLF money from EPA will not be used on site assessment, identification
and characterization, remediation of a naturally occurring substance or public or private
drinking water supplies that have deteriorated through ordinary use; development
activities that are not removal actions (e.g., construction of a new facility, marketing of
property, or job training); remedial actions at sites listed or proposed for listing on the
USEPA National Priorities List remedial actions at sites subject to ongoing Federal or
State enforcement actions or remedial actions at Resource Conservation and Recovery
Act (RCRA) permitted or interim status facilities.
• Clearwater BCRLF money from EPA will not be given to a party which is determined to
be a generator or transporter of contamination at a brownfields site(s) for work on that
site.
• EPA BCRLF Pilot funds will not be used to clean up products that are part of the
building structure and result in exposure within the structure.
4 Resolution No 11 -19
Attachment number 2
Page 5 of 6
• EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by
petroleum products, unless they are believed to be co- mingled with a hazardous
substance, pollutant, or contaminant.
OTHER REQUIREMENTS
• BCRLF cleanups will meet the National Contingency Plan public participation
requirements including ensuring the availability of documents, providing adequate public
comment periods, and designating a spokesperson to inform the community of actions
concerning the site.
• Document use of all funds, maintaining records which segregate expenditures from
Federal and non - Federal sources. Federal expenditures are subject to Federal
regulations governing the use of federal money.
• Maintain documentation for a minimum of 10 years after the completion of the cleanup
activity supported by the loan or for the length of the loan, whichever is longer, and
obtain written approval from EPA prior to disposing of records.
• Use of no more than 15 percent of the loan for allowable administrative activities.
• Upon selection of a site for cleanup under the cooperative agreement, provide EPA with
a site description, including: location of site, physical characteristics of site (i.e., geology,
proximity to drinking water supplies), nature of release at site (i.e. contaminant type and
affected media), past response actions at site, and response actions still required at
site.
• Prior to the disbursement of funds, an acceptable loan application package must be
completed. This application includes a Memorandum of Agreement with Atlanta DEP.
The Application Package will include BSRA and certification that the response activities
have been coordinated with other State agencies, and will identify the contact names for
site project management and for coordination with the State offices. In addition, the
application package will include a site - specific Community Relations /Involvement Plan, a
site - specific Health and Safety Plan, and a site - specific Quality Assurance Project Plan.
• Projects funded by EPA money through the BCRLF must comply with applicable federal
regulations regarding procurements, conflicts of interest, political activities, and hiring of
personnel; federal, state and local laws, regulations, and ordinances, including the
following:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. Section
2000 -d), which prohibits discrimination on the basis of race, color or national
origin;
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which
prohibits discrimination on the basis of handicap;
3. The Age Discrimination Act of 1975, enacted as an amendment to the Older
Americans Act (Public Law 94 -135), which prohibits unreasonable discrimination
based on age; and
4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.),
which prohibits discrimination on the basis of sex in education programs and
activities, including those not offered or sponsored by an education institution;
5 Resolution No 11 -19
Attachment number 2
Page 6 of 6
5. Federal Fair Labor Standards Act (29 U.S.C. Section 201) which sets minimum
wage and maximum hours;
6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section 1857, et. seq.)
and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section
1857, et seq.), as well as other applicable requirements specified in said Acts
and all regulations and guidelines issued thereunder;
7. Executive Order 11990, relating to the protection of wetlands;
8. Executive Order 11988, relating to flood plain management;
9. National Environmental Policy Act of 1969 (Public Law 91 -190) and Executive
Order 11514, Protection and Enhancement of Environmental Quality as
amended by Executive Order 11991;
10. Section 106 of the National Historic Preservation Act of 1966 as amended (15
U.S.C. Section 470), Executive Order 11593 and the Archeological and Historic
Preservation Act of 1966 (16 U.S.0 Section 469a -1 et seq.) by consulting with
the State Historic Preservation Officer as necessary to identify properties which
may suffer adverse effects as a result of this project.
11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts
which have or are anticipated to yield in excess of $10,000 within 12 months in
carrying out the project will include this clause.
12. Coordination with identified State agencies.
6 Resolution No 11 -19
Attachment number 3
■
LOCATION MAP: 1359 Cleveland Street
Page 1 of�
CLEVELAND ST
N EVERGREEN AVE
1359 Cleveland Street'
II4AdiN6\°
PARK ST
LAURA ST
N HILLCREST AVE
S HILLCREST AVE
1°, Clearwater
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562.4750, Fax: (727)526.4755
www.MyClearwater.com
Clearwater, Cleveland Street
earwater, FL 33755 -5104
Community Redevelopment Agency
of the City of Clearwater
Legend 1
Parcel Boundary
1359 Cleveland Street
Parcel # 152915648900030010
N
W E
S
Scale: N.T.S.
Map Gen By: CD
Reviewed By: DH
Date: 08/11/2011
Grid #: 287B
S -T -R: 15 -29 -15
Community Redevelopment
Agency Agenda
Council Chambers - City
Hall
Meeting Date:8 /29/2011
SUBJECT / RECOMMENDATION:
Accept the Brownfields Cleanup Revolving Loan Fund dollars in the amount of $325,440 to meet specific expenses incurred for the
environmental cleanup of real property identified as Pinellas County parcel 15/29/15/64890/003 /0010 known as the CarPro site per
City Resolution 11 -19.
SUMMARY:
In October 1999, the City Council authorized the City Manager to sign a Loan Fund Agreement and Work Plan for the $500,000
award received from the United States Environmental Protection Agency (EPA) for the Clearwater Brownfields Cleanup Revolving
Loan Fund (BCRLF). EPA awarded the City an additional $700,000 in September 2006.
The BCRLF was structured to provide low- interest loans to parties interested in the redevelopment of environmentally impaired
properties. The BCRLF also allows government entities to loan to other government agencies, but requires a City resolution.
The first loan was made to the CRA for the environmental remediation of the Clearwater Automotive property. The City
determined that the best use of the remaining loan funds from EPA would be for the cleanup of the CarPro site. The City also
determined that the CRA is in a better position to convey the Site to a developer or other private entity if it provides for the
environmental cleanup of the Site.
For these reasons, the City Council adopted Resolution 11 -19 authorizing the use of $325,440 earmarked for loan funds provided to
the City by the EPA as part of the BCRLF to the Community Redevelopment Agency for the environmental cleanup of the CarPro
project. An interlocal agreement will outline the City and CRA responsibilities.
The funds so appropriated by the City from the BCRLF will have a zero interest rate and be utilized by the CRA for this purpose
shall be repaid to such BCRLF by the City or the CRA either from: a) amounts repaid to the City or the CRA from the private
developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein;
b) TIF funds; c) the General Fund of the City through budget appropriations in subsequent years so that such BCRLF may be made
available by the City for the environmental cleanup of the other sites; d) other means legally sufficient and approved by EPA. Any
payment from the City of Clearwater General Fund is subject to the annual appropriations process. The repayment term is five years
from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion order (SRCO).
A budget amendment will establish project 388 - 94869, CarPro Site Clean Up, with CRA funds representing the loan from the
revolving loan agreement.
Type: Other
Current Year Budget ?: No
Budget Adjustment Comments:
Budget Adjustment: None
Current Year Cost: Annual Operating Cost:
Not to Exceed: Total Cost:
For Fiscal Year: to
over memo
Appropration Code Amount Appropriation Comment
388 -94869 $325,440
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Attachment number 1
Page 1 of 6
RESOLUTION NO. 11 -19
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE USE OF UP TO $325,440
FROM FUNDS PROVIDED TO THE CITY BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AS
PART OF THE BROWNFIELDS CLEANUP REVOLVING
LOAN FUND PROGRAM TO PROVIDE FOR THE
CLEANUP OF THE CAR PRO SITE OWNED BY THE
COMMUNITY REDEVELOPMENT AGENCY AND
PROVIDING THE BASIS FOR THE REPAYMENT OF THE
FUNDS BY THE REDEVELOPER OR OTHER PRIVATE
ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR
OTHERWISE BY THE CITY, SUBJECT TO CERTAIN
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property, located at 1359 Cleveland Street, (the "Site ") in the
City of Clearwater is located in a community redevelopment area as lawfully
established; and
WHEREAS, a Community Redevelopment Agency has been established and is
authorized to exercise the extensive and broad redevelopment powers contained in the
Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the
"Act "); and
WHEREAS, the City of Clearwater is the custodian of funds and "lending
institution" pursuant to the Brownfields Cleanup Revolving Loan Fund ( "BCRLF ")
established; and
WHEREAS, the City desires to utilize certain funds to be provided to the City by
the United States Environmental Protection Agency (the "EPA ") as part of the
Brownfields Cleanup Revolving Loan Fund (the "BCRLF ") to assist the CRA in the
exercise of such redevelopment powers as contained in the Act in order to provide for
the environmental cleanup of the Site so that it is available to developers and other
private parties for economic redevelopment of the site consistent with the Act; and
WHEREAS, such funds will be provided by the EPA to the City as needed to
meet specific expenses properly incurred by the CRA in connection with contracts
entered into directly by the CRA for the environmental cleanup of the Site; and
WHEREAS, the Site is owned by the CRA, which is in a better position to convey
the Site to a developer or other private entity if the CRA provides for the environmental
cleanup of the Site; and
Resolution No.11 -19
Attachment number 1
Page 2 of 6
WHEREAS, there will be money available within the BCRLF in Account # 181-
99802 and # 388 -94869 for such purposes when needed; and
WHEREAS, the City desires to set forth the basis for the use of such funds as
received from the EPA for the Site and the method of repaying such funds into the
BCRLF; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City is hereby authorized and directed to appropriate funds
available or to be made available by the EPA in the BCRLF, to the CRA in the amount
of up to $325,440.00 for the purposes of providing for the environmental cleanup of the
Site.
Section 2. As part of the use of such funds the City hereby incorporates by
reference the requirements and conditions of the EPA as contained in the Cooperative
Agreement between the City and the EPA in connection with the establishment of the
BCRLF, and summarized in the attached Exhibit 1. The City also agrees that it and /or
the CRA shall provide in any contract for such environmental cleanup any language
required by the EPA in connection therewith.
Section 3. The funds so appropriated by the City from the BCRLF will have a
zero interest rate to be utilized by the CRA for this purpose and shall be repaid to the
BCRLF by the City or the CRA either from (in priority order): a) amounts repaid to the
City or the CRA from the private developer or another party to whom the CRA ultimately
conveys the Site following the environmental cleanup provided for herein; b) TIF funds;
c) the General Fund of the City through budget appropriations in subsequent years so
that such BCRLF may be made available by the City for the environmental cleanup of
other sites; d) other means legally sufficient and approved by EPA. Any payment from
the City of Clearwater General Fund is subject to the annual appropriations process.
The repayment term is five years from the completion of the environmental cleanup of
the site as indicated by a site rehabilitation completion order (SRCO).
Section 4. Borrowers and conditions for discounted loans. BCRLF grantees
may offer discounted loans to those entities provided in CERCLA section 104 (k) (1)
including political subdivisions, and others. For an individual loan, the amount of the
principal discounted may be a percentage of the total amount up to 30 percent,
provided that the total amount of the principal forgiven shall not exceed $200,000.
2 Resolution No 11 -19
Attachment number 1
Page 3 of 6
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2011.
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall -Sides
Assistant City Attorney
Rosemarie Call
City Clerk
3 Resolution No 11 -19
Attachment number 1
Page 4of6
Exhibit 1:
Brownfields Cleanup Revolving Loan Fund
Summary of Requirements
Conduct BCRLF response activities in accordance with the cooperative agreement and
CERCLA and consistent with the NCP for the percentage of funds originating from EPA.
ELIGIBLE ACTIVITIES
• Clearwater BCRLF pilot funds will be used for environmental cleanup activities on
contaminated redevelopment sites in the City's designated Brownfields area. BCRLF
cleanups will meet the NCP requirements identified for non -time critical cleanup
actions —i.e., cleanup actions for which a planning period of at least 6 months exists.
These include actions associated with removing, mitigating, or preventing the release or
threat of a release of a hazardous substance, pollutant, or contaminant.
■ BRCLF pilot funds may be used to clean up sites with an actual release or substantial
threat of a release of hazardous substance, or at sites which pose a substantial danger
to the public health or welfare.
■ BCRLF pilot loan funds may be used for site monitoring activities that are reasonable
and necessary during the cleanup process.
■ BCRLF funds may be used for costs associated with meeting public participation,
worker
health and safety, and interagency coordination requirements.
• BCRLF grantees may offer discounted loans to those entities provided in CERCLA
section 104 (k) (1) including states, political subdivisions and others, as well as non profit
organizations. The amount of the principal discounted may be any percentage of the total
loan amount up to 30 percent, provided that the total amount of the principal forgiven
shall not exceed $200,000 per project.
INELIGIBLE ACTIVITIES
• Clearwater BCRLF money from EPA will not be used on site assessment, identification
and characterization, remediation of a naturally occurring substance or public or private
drinking water supplies that have deteriorated through ordinary use; development
activities that are not removal actions (e.g., construction of a new facility, marketing of
property, or job training); remedial actions at sites listed or proposed for listing on the
USEPA National Priorities List remedial actions at sites subject to ongoing Federal or
State enforcement actions or remedial actions at Resource Conservation and Recovery
Act (RCRA) permitted or interim status facilities.
• Clearwater BCRLF money from EPA will not be given to a party which is determined to
be a generator or transporter of contamination at a brownfields site(s) for work on that
site.
• EPA BCRLF Pilot funds will not be used to clean up products that are part of the
building structure and result in exposure within the structure.
4 Resolution No 11 -19
Attachment number 1
Page 5 of 6
• EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by
petroleum products, unless they are believed to be co- mingled with a hazardous
substance, pollutant, or contaminant.
OTHER REQUIREMENTS
• BCRLF cleanups will meet the National Contingency Plan public participation
requirements including ensuring the availability of documents, providing adequate public
comment periods, and designating a spokesperson to inform the community of actions
concerning the site.
• Document use of all funds, maintaining records which segregate expenditures from
Federal and non - Federal sources. Federal expenditures are subject to Federal
regulations governing the use of federal money.
• Maintain documentation for a minimum of 10 years after the completion of the cleanup
activity supported by the loan or for the length of the loan, whichever is longer, and
obtain written approval from EPA prior to disposing of records.
• Use of no more than 15 percent of the loan for allowable administrative activities.
• Upon selection of a site for cleanup under the cooperative agreement, provide EPA with
a site description, including: location of site, physical characteristics of site (i.e., geology,
proximity to drinking water supplies), nature of release at site (i.e. contaminant type and
affected media), past response actions at site, and response actions still required at
site.
• Prior to the disbursement of funds, an acceptable loan application package must be
completed. This application includes a Memorandum of Agreement with Atlanta DEP.
The Application Package will include BSRA and certification that the response activities
have been coordinated with other State agencies, and will identify the contact names for
site project management and for coordination with the State offices. In addition, the
application package will include a site - specific Community Relations /Involvement Plan, a
site - specific Health and Safety Plan, and a site - specific Quality Assurance Project Plan.
• Projects funded by EPA money through the BCRLF must comply with applicable federal
regulations regarding procurements, conflicts of interest, political activities, and hiring of
personnel; federal, state and local laws, regulations, and ordinances, including the
following:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. Section
2000 -d), which prohibits discrimination on the basis of race, color or national
origin;
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), which
prohibits discrimination on the basis of handicap;
3. The Age Discrimination Act of 1975, enacted as an amendment to the Older
Americans Act (Public Law 94 -135), which prohibits unreasonable discrimination
based on age; and
4. Title IX of the Education Amendments of 1972 (20 U.S.C. Section 1681, et seq.),
which prohibits discrimination on the basis of sex in education programs and
activities, including those not offered or sponsored by an education institution;
5 Resolution No 11 -19
Attachment number 1
Page 6 of 6
5. Federal Fair Labor Standards Act (29 U.S.C. Section 201) which sets minimum
wage and maximum hours;
6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section 1857, et. seq.)
and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section
1857, et seq.), as well as other applicable requirements specified in said Acts
and all regulations and guidelines issued thereunder;
7. Executive Order 11990, relating to the protection of wetlands;
8. Executive Order 11988, relating to flood plain management;
9. National Environmental Policy Act of 1969 (Public Law 91 -190) and Executive
Order 11514, Protection and Enhancement of Environmental Quality as
amended by Executive Order 11991;
10. Section 106 of the National Historic Preservation Act of 1966 as amended (15
U.S.C. Section 470), Executive Order 11593 and the Archeological and Historic
Preservation Act of 1966 (16 U.S.0 Section 469a -1 et seq.) by consulting with
the State Historic Preservation Officer as necessary to identify properties which
may suffer adverse effects as a result of this project.
11. Executive Order 11246's equal opportunity clause; all contracts and subcontracts
which have or are anticipated to yield in excess of $10,000 within 12 months in
carrying out the project will include this clause.
12. Coordination with identified State agencies.
6 Resolution No 11 -19