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INTERLOCAL AGREEMNT RE DOWNTOWN WATERFRONT , INTERLOCAL AGREEMENT #.- This lI}terlocal Agreement is made and entered into this -/0 day of () ~, 2006, 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 City Council of the City of Clearwater in 1982 attempted to exempt the DDB from the obligation to make said payment to the CRA; and WHEREAS, such exemption was not statutorily authorized at the time the ordinance was adopted; and WHEREAS, the opportunity to create such an exemption has elapsed; 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, including the Main Street Program; 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 1 2006-07 CRAlDDB Interlocal Agreement 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 Statutes 163.01, known as the "Florida Interlocal Cooperation Act of 1969", in which the DDB and the CRA agree to uses and distribution of the increment received by the CRA from the DDB; 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 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$167,543 and the $53,143 retained by the CRA for administrative services provided to the DDB: and WHEREAS, the DDB and CRA desire to enter into an agreement NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to 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 1,2006 through September 30,2007. Section 2. Intent. It is the intent of the parties that the money 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 $53,143 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, in the event the construction of the Proposed Facility is approved by the voters at referendum, it is the intent of the DDB to provide for a 2 2006-07 CRNDDB lnterlocal Agreement contribution over ten years in an amount not to exceed $500,000, to the cost of construction debt service, operation, and maintenance of the Proposed Facility. 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 the downtown f. Be active in the administration of downtown initiatives g. Be actively involved with the Main Street program activities and financially support the Main Street Program; the cost of which shall not be less than the difference between the tax increment payment and the cost of administration h. 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 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) Assure that the annual audit is conducted in compliance with State of Florida Auditor General 3 2006-07 CRA/DDB Interlocal Agreement t) Prepare agendas and distribute packets to DDB members prior to each meeting g) Prepare meeting notices for monthly and special DDB meetings h) Attend meetings and records and transcribe minutes including special and sub-committee meetings i) Coordinate the annual election process in cooperation with the Pine lIas County Supervisor of Elections j) Handle all phone inquires and follow up on the calls k) Handle any special mailing notices 1) Comply with State of Florida Tax Increment Millage Compliance with Chapter 200, Florida Statutes, Sections 218.23,218.63, Florida Statutes (TRIM) m) Serve as coordinator for the DDB special activities n) Solicit sponsorships or support for events and publications 0) Assist with event calendar and marketing plan p) Establish a distribution network for the promotional pieces q) Make retail retention calls and assist with retail recruitment r) Administer the Fayade Improvement Grant and the Business Expansion and Relocation Grant programs s) Assist in looking into other incentive options to improve downtown properties and implement projects funded or initiated by the Board t) Assist with. promoting design related programs to the downtown community u) Assist with volunteer recruitment for various downtown projects 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 z) Act as a Liaison to the Pinellas County Property Appraiser, Pinellas County Tax Collector, Greater Clearwater Chamber of Commerce and DDB legal council: Elise K. Winters, P.A. aa) Manage loans, contracts and all applicable documents 4 2006-07 CRA/DDB lnterlocal Agreement bb) Coordinate field trips and travel arrangements in accordance with the City of Clearwater Travel and Meals Policy cc) Other administrative duties as mutually agreed 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 $53,143 Section 6. Contribution by DDB. Following approval of the Proposed Facilities at referendum, the DDB shall contribute Fifty Thousand Dollars ($50,000) 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 Fifty Thousand Dollars ($50,000) a year for 10 years for a total not to exceed Five Hundred Thousand Dollars ($500,000), subject to annual approval of future agreements. It is the belief of the parties that the Proposed Facilities will become self supporting and the intent of the parties that the annual contribution will be made only to the extent that the income from the Proposed Facilities during the applicable year is insufficient to cover the cost of the Proposed Facilities during the applicable year. Section 7. 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 S. Osceola Avenue Clearwater, Florida 33756 Chairperson Downtown Development Board Post Office Box 1225 Clearwater, Florida 33757 5 2006-07 CRAlDDB lnterlocal Agreement 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. IN WITNESS WHEREOF, the parties hereto, or their lawful representative, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY BY: ~ airperson, Board of Trustees Frank Hibbard Approved as to form: Attest: #L Pamela K. Akin City Attorney ynthia E. Goudeau ity Clerk BY: ~ David Allbritton, Chairperson 6 2006-07 eRA/DDB Interlocal Agreement