HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-1371
Temp. Reso. #13042
November 28, 2017
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- /3 /
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE TAMARAC VILLAGE
INFRASTRUCTURE INTERLOCAL FUNDING AGREEMENT
(BROWARD COUNTY GRANT AGREEMENT) BETWEEN THE
TAMARAC VILLAGE COMMUNITY DEVELOPMENT DISTRICT AND
THE CITY OF TAMARAC; AUTHORIZING THE MAYOR TO EXECUTE
THE FUNDING AGREEMENT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission approved Resolution No. R-2013-77
establishing the Tamarac Land Trust for the property owned by the City of Tamarac
along 57th Street between 94th Avenue and Pine Island Road, and
WHEREAS, the City of Tamarac City transferred ownership of property to the
Tamarac Land Trust in August 2013 and again in November 2013 (for the bank
building); and
WHEREAS, the City of Tamarac is the sole beneficiary of the land held in trust
by the Tamarac Land Trust; and
WHEREAS, the City of Tamarac, through Ordinance No. 0-2012-1 on February
26, 2014, created the Tamarac Village Community Development District; and
WHEREAS, the City of Tamarac is the beneficiary of the Tamarac Village Land
Trust, which owns and controls that certain land located with the Tamarac Village
Community Development District; and
WHEREAS, Resolution R-2013-60 authorized the City to apply for a $1,500,000
Redevelopment Grant from Broward County; and
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Temp. Reso. #13042
November 28, 2017
Page 2 of 4
WHEREAS, the City entered into an Interlocal Agreement with Broward County
for $1,500,000 for the purpose of funding public infrastructure improvements associated
with the improvement of NW 57th Street within the City of Tamarac on June 10, 2014
(the "County ILA"); and
WHEREAS, Broward County has approved Amendment 1 to the County ILA on
October 17, 2017 extending the time to complete the grant requirements to October 31,
2019; and
WHEREAS, the Tamarac Village Land Trust entered into a Ground Lease
Agreement with JKM Tamarac Village, LLC on October 15, 2015 ("Ground Lease"),
which agreement is on file with the City Clerk's office, to develop Tamarac Village; and
WHEREAS, the Ground Lease provides for the Tenant to enter into a
construction agreement for infrastructure improvements, and
WHEREAS, The Tamarac Village Community Development District has
approved the Tamarac Village Infrastructure Interlocal Funding Agreement (Broward
County Grant Agreement) on November 13, 2017; and
WHEREAS, the City of Tamarac is agreeable to enter into this Tamarac Village
Infrastructure Interlocal Funding Agreement (Broward County Grant Agreement)
attached hereto as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are incorporated herein by this reference. All
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Temp. Reso. #13042
November 28, 2017
Page 3 of 4
exhibits attached hereto are incorporated herein and made a specific part of this
resolution.
Section 2: The appropriate City Officials hereby approves, and the Mayor is
hereby authorized to execute the Tamarac Village Infrastructure Interlocal Funding
Agreement (Broward County Grant Agreement) between the City of Tamarac and the
Tamarac Village Community Development District, attached hereto as Exhibit 1.
Section 3: All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
Section 4: If any section, sentence, clause, or phrase of this resolution is held to
be invalid or unconstitutional by any court of competent jurisdiction, then such holding
shall in no way affect the validity of the remaining portions of this resolution.
Section 5: This resolution shall become effective upon its passage and adoption
by the City Commission.
The remainder of this page is intentionally left blank.
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Temp. Reso. #13042
November 28, 2017
Page 4 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS /3 DAY OF AU-," A- 2017.
PATRICIA TEUF7MCMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAI"EL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
. Ak�
HARIRY D ESSLER, MAYOR
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
14
n
TAMARAC VILLAGE INFRASTRUCTURE
INTERLOCAL FUNDING AGREEMENT
(Broward County Grant Agreement)
This Agreement is made and entered into this L day of , 2017
(the "Effective Date"), by and between:
TAMARAC VILLAGE COMMUNITY DEVELOPMENT
DISTRICT, a local unit of special purpose government established
pursuant to Chapter 190, Florida Statutes, being situated in the City of
Tamarac, Florida, and whose mailing address is c/o Governmental
Management Services, 5385 N. Nob Hill Road, Sunrise, Florida 33351
(the "District"); and
CITY OF TAMARAC, a municipal corporation of the State of
Florida, with an address at 7525 NW 88th Avenue, Tamarac, Florida
33321 (the "City")
WITNESSETH:
WHEREAS, the City is the beneficiary of the Tamarac Land Trust, which owns or
controls that certain land located within the District and described in Exhibit "A"
attached hereto (the "Property"), which is proposed to be developed as a mixed use
community known as 'Tamarac Village"; and
WHEREAS, the District, pursuant to the responsibilities and authorities vested in it by
Chapter 190, Florida Statutes, desires to proceed with the discharge of its duties, including but
not limited to the construction of public infrastructure improvements associated with NW 57th
Street, in the City of Tamarac, including certain water distribution and sanitary sewer collection
and transmission systems and facilities, a stormwater management system, roadway and related
improvements, all as such services, facilities, and improvements are more specifically described
in the plans and specifications (collectively referred to hereafter as the "Improvements"); and
WHEREAS, the City recognizes that in the District's discharging of said duties and
responsibilities, certain benefits will accrue to the Property; and
WHEREAS, the City entered into an Interlocal Agreement with Broward County for
the purpose of funding public infrastructure improvements associated with the improvement of
NW 57u' Street within the City of Tamarac, as more fully described herein, (the "County ILA");
and
WHEREAS, the City and District desire to enter into this Funding Agreement to
provide for the City to fund a portion of the cost for the construction of the Improvements; and
WHEREAS, the City agrees and acknowledges that this Agreement shall be binding
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upon its successors and assigns.
NOW, THEREFORE, based upon good and valuable consideration and the- mutual
covenants of the parties hereinafter recited, the receipt and sufficiency of which is hereby
acknowledged, the District and the City agree as follows:
1. The recitals stated above are true and correct and by this reference are incorporated by
reference as a material part of this Agreement.
2. The City has entered into a funding agreement with Broward County, more fully
described as follows:
Interlocal Agreement with Broward County for the construction of
utilities, stormwater, and infrastructure improvements for a part of the
roadway (NW 57 h Street) in the City of Tamarac, which is attached hereto
as Exhibit "B", and incorporated herein by reference (the "County ILA").
3. The CDD has prepared the design for and construction drawings for the Tamarac
Village Infrastructure Projects (the "Infrastructure Projects"). The City agrees to pay the CDD
an amount not to exceed One Million Five Hundred Thousand and 00/100 Dollars
($1,500,000.00) for the costs of constructing the Infrastructure Projects with funds provided
pursuant to the County ILA.
4. The CDD shall provide the City with all necessary documents evidencing the provision
of materials and the completion of all construction services associated with the Improvements,
including invoices, inspection reports, change orders, and related documentation. Upon receipt
of all necessary documentation as may be required by City, the City shall process and pay the
CDD as provided in the invoices, in conformance with the City's payment policies and
procedures, as well as the County ILA. The CDD agrees to promptly provide the City with all
requested documentation in order to permit the City to pay the invoices provided by the CDD
to the City. Once the CDD issues payment, the CDD shall provide the City with proof of
payment so that the City may then seek reimbursement of the CDD's expenditures pursuant to
the County ILA.
5. The term of this Agreement shall commence upon execution by both parties and
continue up through October 31, 2019. The CDD shall complete all work associated with the
Improvements no later than October 31, 2019. The City may terminate this Agreement for
cause if the CDD fails to substantially to perform through no fault of the City, and does not
commence correction of such nonperformance within ten (10) days of written notice, and
diligently complete the correction thereafter.
6. PUBLIC RECORDS. City and District are public agencies subject to Chapter 119, Fla.
Stat. Both the City and the District shall comply with all public records laws in accordance with
Chapter 119, Fla. Stat. In accordance with state law, each party agrees to:
A. Keep and maintain all records that ordinarily and necessarily would be required
{00201371.127D4-0501640}
pursuant to Chapter 119, Florida Statutes.
B. Provide the public with access to public records on the same terms and
conditions that the City would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
C. Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
City all records in possession of the District at the termination of the contract
and destroy any public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information
technology systems of the City. All records shall be transferred to the City prior
to final payment being made to the District.
E. If District does not comply with this section, the City shall enforce the contract
provisions in accordance with the contract and may unilaterally cancel this
contract in accordance with state law.
IF DISTRICT OR CITY TAMARAC HAS
QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO
CITY'S OR DISTRICT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE APPLICABLE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
7. ENTIRE AGREEMENT. This Agreement and its accompanying Exhibits set forth the
entire Agreement with respect to the subject matter hereof and supersedes all prior agreements,
oral or written, and all other communications between the parties relating to such subject
matter. This Agreement may not be amended or modified except by mutual written agreement.
All continuing covenants, duties and obligations herein shall survive the expiration or earlier
termination of this Agreement.
8. SEVERABILITY. If any provision of this Agreement is held to be invalid or
unenforceable for any reason, this Agreement shall remain in full force and effect in
accordance with its terms disregarding such unenforceable or invalid provision.
(00201371.1 2704-0501640)
9. CAPTIONS. The captions contained herein are used solely for convenience and shall
not be deemed to define or limit the provisions of this Agreement.
10. NO WAIVER. Any failure of a parry to enforce that parry's right under any provision
of this Agreement shall not be construed or act as a waiver of said parry's subsequent right to
enforce any of the provisions contained herein.
11. GOVERNING LAW. This Agreement shall be governed and construed in accordance
with the laws of the State of Florida.
12. VENUE. Venue shall be in Broward County, Florida in the event of litigation between
the parties arising out of or relating to this Agreement.
13. ASSIGNMENT; BINDING EFFECT. Neither District nor City may assign or transfer
any of its rights, duties or obligations under this Agreement, in whole or in part, except by
written consent of the other parry.
14. NOTICES. All notices hereunder by either party to the other shall be in writing,
delivered personally, by certified or registered mail, return receipt requested, or by overnight
courier, and shall be deemed to have been duly given when delivered personally or when
received by United States mail, postage prepaid, addressed as follows:
If to District: Michael C. Cemech, Director
c/o Governmental Management Services
5385 N. Nob Hill Road
Sunrise, Florida 33351
Copy to: Dennis Lyles, Esq.
515 East Las Olas Boulevard
Fort Lauderdale, FL 33301
CITY: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Ave
Tamarac, FL 33321
With a copy to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
or to such other persons or places as either parry may from time to time designate by
written notice to the other.
15. EXECUTION OF AGREEMENT. This Agreement shall not become effective or in
{00201371.1 2704-0501640)
force until all of the below named parties have fully executed this Agreement.
16. AUTHORITY TO EXECUTE. The persons signing this Agreement below represent
and warrant that they have full authority to execute this Agreement on behalf of the parry for
whom he/she is signing and to bind such party with respect to all provisions contained in this
Agreement.
17. This Agreement, or any monies to become due hereunder, may be assigned, provided
that the assigning parry first obtains the prior written consent of the other party, which consent
shall not unreasonably be withheld.
18. The rights and obligations created by this Agreement shall be binding upon and inure to
the benefit of City and District, their heirs, executors, receivers, trustees, successors and
assigns.
19. Whenever used the singular number shall include the plural, the plural the singular;
the use of any gender shall include all genders, as the context requires; and the disjunctive
shall be construed as the conjunctive, the conjunctive as the disjunctive, as the context
requires.
20. This Agreement may be executed in any number of counterparts, each of which when
executed and delivered shall be an original; however, all such counterparts together shall
constitute, but one and the same instrument. Signature and acknowledgment pages, if any, may
be executed by facsimile, which shall be good as an original, and may be detached from
the counterparts and attached to a single copy of this document to physically form one
document.
IN WITNESS WHEREOF, the parties hereto execute this Agreement and further
agree that it shall take effect as of the Effective Date first above written.
ATTEST:
TAMARAC VILLAGE COMMUNITY
DEVELOPMENT DISTRICT
'Assistant' Secretary
Date: l ( - 1 3 , 2017
CITY OF TAMARAC, a Florida
municipal corporation
100201371.1 2704-0501640)
MARRY DRESSLER, MAYOR
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P:kTKIC-lATEUFEL, TY CLERK p A; A cAPPV'jl F2
SAMA JET, S. GOREN, CITY ATTORNE: -
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{00201371.1 2704-0501640}
EXHIBIT A
Land
494108 02 0080
Lot 8, together with a portion of Lots 6 and 7, Block 9, LYONS COMMERCIAL
SUBDIVISION UNIT NO. 2, according to the Plat thereof as recorded in Plat Book 69, Page 43,
Public Records of Broward County, Florida, being fully described as follows:
Beginning at the Northwest corner of said Lot 8; thence South 88°59'06" East, along the North
line of said Lot 8, a distance of 100.00 feet to the Northwest corner of said Lot 7; thence
continue South 88°59'06" East, a distance of 96.28 feet, the last three calls being coincident with
the South right-of-way line of N.W. 57th Street; thence South 00'01'37" East, a distance of
200.73 feet to the Point of Intersection with the East line of the aforesaid Lot 7; thence continue
South 00°01'37" East, a distance of 92.28 feet, to a point on the North right-of-way line of N.W.
56th Street (West Commercial Boulevard); thence North 88°59'06" West, a distance of 1.61 feet
to the Point of Intersection with the East property line of the aforesaid Lot 7; thence continue
North 88°59'06" West, a distance of 100.00 feet to the Point of Intersection with the West
property line of the aforesaid Lot 7; thence continue North 88°59'06" West a distance of 100.00
feet to the Point of Intersection with the West property line of the aforesaid Lot 8, the last three
calls being coincident with the North right-of-way line of N.W, 56th Street (West Commercial
Boulevard); thence North 01 100"54" East, along the West line of the aforesaid Lot 8, a distance
of 292.96 feet, to the Point of Beginning.
Subject to the Official Records Book 32920, Page 120, Public Records of Broward County,
Florida.
Said lands situate, lying and being in Broward County, Florida.
Said lands contain 52,284 square feet (1.338 acres), more or less.
494108 02 0120; 494108 02 0130; 494108 02 0140; 494108 02 0150; 494108 02 0160
494108 02 0170; 494108 02 0180; 494108 02 0190
Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 10 of Lyons Commercial Subdivision, Unit 2, according to
the Plat thereof, as recorded in Plat Book 69, Page 43, of the Public Records of Broward County,
Florida; LESS the South 7 feet thereof.
494108 03 0060
9099 NW 57th Street, Tamarac, FL
Lot 1, Block 3, Lyons Industrial Park, according to the Plat thereof as recorded in Plat Book 71,
Page 1 B, of the Public Records of Broward County.
4941 08.02 0090; 494108 02 0100; 494108 02 0110
Lot 9, less the South 7 feet thereof, Block 9, of Lyons Commercial Subdivision Unit No. 2, in
Section 8, Township 49 South, Range 41 East, according to the Plat thereof, as recorded in Plat
Book 69, Page 43, of the Public Records of Broward County.
AND
Lot 10 of Block 9 in Lyons Commercial Subdivision Unit No. 2, according to the Plat thereof,
recorded in Plat Book 69, Page 43 of the Public Records of Broward County, Florida; Less and
Except;
The South seven (7.0') feet of Lot 10, Block 9, according to the Plat of Lyons Commercial
Subdivision Unit No. 2, as recorded in Plat Book 60, Page 43, of the Public records of Broward
county, Florida; and, that portion of said Lot 10, lying Southwesterly of the chord based on a
25.00 foot radius, the arc of which is concave to the Northeast and falls tangent to the West line
of said lot 10 and tangent to a line seven (7.0') feet North of and parallel with the South line of
said Lot 10.
F-Vano
Lot One (1), Block Ten (10), Lyons Commercial Subdivision Unit No. 2, according to the Plat
thereof recorded in Plat Book 69, Page 43, of the Public Records of Broward County, Florida;
LESS the South 7.0 feet of Lot 1, Block 10, according to the Plat of Lyons Commercial
Subdivision Unit No. 2, as recorded in Plat Book 69, Page 43, of the Public Records of Broward
County, Florida, and ALSO LESS that portion of said Lot 1, lying Southeasterly of the chord
based on a 25.0 foot radius, the arc of which is concave to the Northwest and falls tangent to the
East line of said Lot 1, and tangent to a line seven (7') feet North of and parallel with the South
line of said Lot 1.
494108 03 0150, 494108 03 0160; 494108 03 0200
Lots 6 through 12, inclusive, Block 4, Lyons Industrial Park, according to the Plat thereof as
recorded in Plat Book 71, Page 1, of the Public Records of Broward County, Florida.
494108 02 0200
Lot 10, Block 10, LYONS COMMERCIAL SUBDIVISION UNIT No. 2, according to the plat
thereof, as recorded in Plat Book 69, at Page 43, of the Public Records of Broward County,
Florida.
LESS AND EXCEPT That part conveyed to Broward County, a political subdivision of the State
of Florida by Deed recorded in the Officials Records Book 7462, Page 332 being described as
follows:
The South Seven (7.0') feet of Lot 10, Block 10, according to the plat of LYONS
COMMERCIAL SUBDIVISION UNIT No. 2, as recorded in Plat Book 69, at Page 43, of the
Public Records of Broward County, Florida:
TOGETHER WITH
THAT PORTION of said Lot 10 lying Southwesterly of the chord based on a 25.0 foot radius,
the arc of which is concave to the Northeast and falls tangent to the West line of said Lot 10 and
tangent to a line Seven (7.0') feet North of and parallel with the South line of said Lot 10.
AND LESS AND EXCEPT that part conveyed to the City of Tamarac, a municipal corporation
of the State of Florida recorded in Official Records Book 44307, Page 130 being described as
follows:
A portion of Lot 10, Block 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2,
according to the plat thereof as recorded in Plat Book 69, at Page 43, of the Public Records of
Broward County, Florida, being more particularly described as follows:
Commence at the Southeast comer of said Lot 10, Block 10; thence along the East line of said
Lot 10, North 00°23'58" West, 7.00 feet to the point of beginning; thence along a line being 7.00
feet North of and parallel with the South line of said Lot 10, South 89°36'02' West 201.10 feet;
thence North 45'55' 13" West, 12.67 feet to a line being 15.88 feet North of and parallel with the
South line of said Lot 10; thence along said line South 89°36'02" East 210.14 feet to the East
line of said Lot 10; thence along said line, South 00°23'58" East, 8.88 feet to the point of
beginning.
Exhibit B
Return recorded document to:
Broward County Housing Finance and
Communiy Development Division
110 NE 3 Street, 3"" Floor
Fort Lauderdale Florida, 33301
Document prepared by:
Nancy Rubin, Assistant County Attorney
Broward County Aftomey's Office
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into by and between BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY,"
THE CITY OF TAMARAC, a municipal corporation existing under the laws of the
State of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the Board of County Commissioners of Broward County, Florida,
hereinafter referred to as the "Board," on April 23, 2013„ approved the Broward
Redevelopment Program as Agenda Item #34, for the public purpose of removing blighting
conditions, job creation., and economic development in Broward County; and
WHEREAS, no Broward Redevelopment Program funds will be awarded to a
community redevelopment area created pursuant to Chapter 163, Part III, Florida Statutes,
that is receiving the COUNTYs tax increment financing, or to a specific project that has
previously received funding through the Broward County Redevelopment Capital Program
as set forth in Chapter 19, Part III, of the Broward County Administrative Code-, and
WHEREAS,, all projects to be funded through the Broward Redevelopment Program
are either within the boundaries of a community redevelopment area or areas that have
been designated in a county or municipal resolution or ordinance defining the area
boundary and determining that the area meets the blighting conditions as described in
Chapter 163, Part III,, Florida Statutes-, and
WHEREAS, projects that are eligible to apply for Broward Redevelopment Program
funding include public improvements; and
WHEREAS, the CITYsubmitted an application for funding for a project under the
Broward Redevelopment Program for Fiscal Year,2013, and said project was reviewed and.
recommended for approval to the Board; and
WHEREAS, the project is the construction of utilities and infrastructure
improvements, including potable water distribution, sanitary sewer, and drainage, for a
portion of a roadway within the CITY, for a total funding amount not to exceed One Million
Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), hereinafter referred to as the
"Project"; and
WHEREAS, the Board approved the Project on November 12', 2013, as part of
Agenda Item #42; and
WHEREAS, the CITY and the COUNTY hereby agree that the Project, during the
term of this Agreement and any amendments thereto, shall be funded through non ad
valorem revenue sources pursuant to the requirements of the Broward Redevelopment
Program; and
WHEREAS, the Project has been deemed to be eligible for the Broward
Redevelopment Program as the Project addresses the public purposes of economic
development, job creation, and removal of blighting conditions so as to have long-term
positive impacts on the community by providing a decent, secure, and attractive living and
working environment; and
WHEREAS, the CITY has submitted detailed plans and a specification package as
part of the application, has represented that the Project appears to be bid -ready, the cost
estimate of the COUNTY staff compares favorably with the CITY's submitted cost estimate,
and the submitted contributions from non -County sources appear reasonable for the
estimated total project cost, and
WHEREAS, the CITY, as part of the application, has submitted that Seven Hundred
Sixty-five (765) new permanent jobs will be created as a result of this Project; and
WHEREAS, the parties desire to enter into an agreement to delineate their areas of
responsibility with respect to the Project and funding, hereinafter referred to as
"Agreement,"
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, the COUNTY and the CITY agree as follows.:
ARTICLE 1 - DEFINITIONS
For the purpose of this Agreement, the following definitions apply unless the context in
N
which the word or phrase is used clearly indicates a different meaning:
1.1 Application shall mean the application for funding for the Project under the Broward
Redevelopment Program that was submitted to the COUNTY by the CITY. The terms,
conditions, certifications, requirements, and statements contained within the application are
specifically incorporated into this Agreement as obiigations of the CITY, The Application is
kept on file in the office of the Director, Broward County Environmental Protection and
Growth Management Department.
1.2 County Administrator shall mean the administrative head of Broward County
appointed by the Board.of County Commissioners.
13 Economic development shall mean a project or activity that creates an identified
number of new permanent jobs as detailed in the application forfunding underthe Broward
Redevelopment Program.
1.4 Public improvements shall mean improvements which further redevelopment
including:
Utility improvements (upsizing to accommodate development or redevelopment);
Transportation improvements (roadways, turn lanes, crosswalks, etc.);
Construction or expansion of public parking;
Streetscaping to facilitate access to businesses, employment, and transit; and
Landscaping and irrigation associated with the utility, transportation, public parking,
or streetscaping improvement, not, to exceed twenty percent (20%) of the cost of the
improvement.
1.5 Redevelopment shall mean projects which address public purposes of removing
blighting conditions and facilitating econornic development opportunities and job creation,
which public purposes have long-term positive impacts on the community by providing a
decent, secure, and attractive living and working environment.
ARTICLE 2 - SCOPE/PROJECT
2.1 The Project is located on NW 57�' Street, between 94rh Avenue and Pine Island
Road, in Tamarac, Florida, within the redevelopment area as described in Exhibit "A."
22 The CITY and the COUNTY hereby agree that the Project was approved by the
COUNTY as follows:
The Project is located within a mixed -use development known as Tamarac Village. The
improvements shall consist of the installation of utilities and infrastructure, including
potable water distribution, sanitary sewer, and drainage, in CITY owned right-of-way for a
portion of the development. The CITY has completed the purchase of a series of vacant
lots in connection with the development of Tamarac Village and intends the mixed -use
development to aid in the transformation of this area into a town center to enhance the
3
identity and economic base of the CITY.
2.3 The CITY hereby agrees to comply with all the terms, requirements, and conditions
of this Agreement
2.4 No Broward Redevelopment Program. funds shall be used to clean up or remediate
a contaminated site,
2.5 The CITY is responsible for implementing and conforming to the terms and
conditions of this Agreement. The CITY shall provide to the COUNTY advance notice of all
public meetings related to the Project. The CITY shall keep the COUNTY informed
throughout the planning, design, and construction of the Project.
2.6 The CITY shall establish and maintain a separate account,for funds received from
the COUNTY pursuant to the Broward Redevelopment Program.
ARTICLE 3 - TERM OF AGREEMENT
3.1 The effective date of this Agreement shall be the date of the last signature of the
parties to the Agreement.
3.2 The termination date of this Agreement shall be October 31, 2017.
ARTICLE 4 - PAYMENTSIOBLIGATIONS
4.1 The total maximum financial grant of the COUNTY for the Project shall not exceed
One Million Five Hundred Thousand and 001100 Dollar's ($1,500,000.00). Landscaping and
irrigation costs. associated with the Project shall not exceed twenty percent (20%) of One
Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00) or the actual cost of
the landscaping and irrigation, whichever is less.
4,2 No COUNTY disbursement shall be made until each milestone identified for the
approved Project is achieved. The milestones for this Project are as follows:
a. The first milestone shall be submittal by the CITY to the COUNTY of an
executed construction contract, approved plans to commence the Project,
and all required development and permit approvals to commence
construction of the Project.
Upon approval by the COUNTY of the construction contract, the plans, and
the development and permit approvals for the Project, a disbursement in the
amount of Five Hundred Thousand and 00/100 Dollars ($500,000,00) shall
be made to the CITY.
b, The second miles -tone shall be at the completion of the Project, which shall
be no later than three (3) years after the effective date of this Agreement.
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Completion will be deemed to have occurred when the CITY submits all
receipts, approved permits, certificates of completion, if any, copies of all
permits with all required sign -offs, and all other necessary documentation
indicating the work for the Project has been completed in a satisfactory
manner. Final required sign -off shall include a professional engineers
signing and sealing that the Project is complete and operational, in
substantial conformance with the plans and specifications.
At the completion of the Project, the CITY shall provide verified actual costs
satisfactorily demonstrated to have been expended by the CITY for
completion of the Project, in the minimum amount of the initial disbursement
of Five Hundred Thousand and 00/100 Dollars ($500,000.00), and in an
amount not to exceed One Million Five Hundred Thousand and 00/100
Dollars ($1,500.,000.00).. Upon satisfactory review and approval of all
required documentation from the CITY, the COUNTY shall pay the CITY an
amount not to exceed One Million and 00/100 Dollars ($1,000,000.00), the
balance on the total contract. amount after the initial disbursement,
C. The CITY agrees that all COUNTY funds disbursed to the CITY for the
Project shall be returned to the COUNTY if the Project is not completed and
operational within three. (3) years after the effective date of this Agreement.
4.3 At a minimum, documentation required for the COUNTY's payment shall include:
a. A signed letter from the Mayor or City Manager certifying completion of the
milestone;
b. As applicable, all contracts entered into in connection with the Project,
detailing the scope of work and Project costs:
C. For the second milestone, itemized actual costs with copies of supporting
invoices; and
d. For the second milestone, evidence of payment of Project costs by the CITY,
which at a minimum will include copies of canceled checks or wire transfers.
4A All documentation is subject to the COUNTY's review and approval prior to payment.
The documentation shall be submitted in electronic format acceptable to the COUNTY.
The COUNTY may require that the CITY furnish such additional materials and information
as the COUNTY believes relevant to support the request for payment Funds shall be
processed for disbursement within thirty (30) days after completion of the COUNTY's
review and approval of the complete documentation.
ARTICLE 6 - REPORTING REQUIREMENTS
5
In addition to the reporting requirements listed in. Sections 163,356,163.362, and 163,387,
Florida Statutes, which are due by March 31 of each year, the CITY shall submit to the
COUNTY on the anniversary date of the effective date of . this Agreement, a detailed report
of the progress made in carrying out the Project. Additionally, a status report for the
Project, including the updated project development schedule, along with progress reports
on benchmarks, including number of jobs created and maintained, and project costs and
expenditures in a format acceptable to the COUNTY, shall be delivered to the COUNTY
every six (6) months after the effective date herein. The activity report in the format
provided in the Application for the Broward Redevelopment Program funding, must include
both expenditures for the current fiscal year and cumulative financial information for the
Project. The annual report shall include the approved Project Development I Schedule for
the Project and a critical path timeline as. to. overall redevelopment within the declared
redevelopment. area. Additionally, the annual report shall include time frames,
benchmarks, and milestones, including, but, not limited to, accounting of the COUNTY's
funding, enhancements to the tax base, any leverage of private or public funds, costs and
revenues, growth in new business, job creation, removal of blighting conditions, reduction
in code violations, improvements to infrastructure, and ongoing benefits to the broader
community. The report shall contain sufficient information for the COUNTY to determine if
the Project conforms to this Agreement and the Broward Redevelopment Program.
ARTICLE 6 - TERMINATION
6.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice from
the aggrieved party identifying the breach. This Agreement may also be terminated for
convenience by the Board. Termination for convenience by the Board shall be effective on
the termination date stated in a written notice provided by the COUNTY, which termination
date shall be not less than thirty (30). days after the date of such written notice, This
Agreement may also be terminated by the County Administrator upon such notice as the
County Administrator deems appropriate under the circumstances in the event the County
Administrator determines that termination is necessary to protect the public health, safety,
or welfare. If the COUNTY erroneously, improperly, or unjustifiably terminates for cause,
such termination shall be deemed a termination for convenience, which shall be effective
thirty (30) days after such notice of termination for cause is provided.
6,2 This Agreement may be terminated for cause for reasons including, but not limited
to, the CITYs repeated (whether negligent or intentional) submission for payment of false
or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously
perform the work in a manner calculated to meet or accomplish the objectives as set forth
in this Agreement. The Agreement may also be terminated for cause if the CITY is placed
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List created pursuant to
Section 215.473, Florida Statutes, or if the CITY provides a false certification submitted
pursuant to Section 287.135, Florida Statutes.
R
6.3 Notice of termination shall be provided in accordance with the "NOTICES" section of
this Agreement except that notice of termination by the County Administrator, which the
County Administrator deems necessary to protect the public health, safety, or welfare, may
be verbal notice that shall be promptly confirmed in writing in accordance with the
"NOTICES" section of this Agreement. In the event this Agreement is terminated for
cause, the CITY shall return all sums paid by the COUNTY under the Agreement through
the termination date specified in the written notice of termination.
6.4 In the event this Agreement is terminated for convenience, the CITY shall be paid
for all work executed and actual expenses incurred prior to termination, including
commitments which had become firm prior to the termination. All actual expenses incurred
shall have sufficient back-up documentation to verify that such expenses were actually
incurred by the CITY. The CITY acknowledges that it has received good, valuable, and
sufficient consideration from the COUNTY, the receipt and adequacy of which are hereby
acknowledged by the CITY, for the COUNTY's right to terminate this Agreement for
convenience.
ARTICLE 7 - MISCELLANEOUS PROVISIONS
7.1 The parties and their counsel have participated fully in the drafting of this Agreement
and acknowledge that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of the
parties than the other. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
7.2 Nothing herein is intended to serve as a waiver of sovereign immunity by any party
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this. Agreement or any other contract. The CITY is a political
subdivision, as defined in Chapter 768.28, Florida Statutes, and shall be fully responsible
for the acts and omissions of its agents or employees to the extent permitted by law.
7.3 The CITY is an entity subject to Section 768.28, Florida Statutes, and shall furnish
the COUNTY with written verification of liability protection in accordance with state law prior
to final execution of this Agreement,
7.4 The COUNTY shall have the right to audit the books, records, and accounts of the
CITY and its subcontractors that are related to this Project. The CITY and its
subcontractors shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project. All books, records, and
accounts of the CITY and its subcontractors shall be kept in written f or in a form wri n farm, ,
capable of conversion into written form within a reasonable time, and upon request to do
so, the CITY or its subcontractors, as applicable, shall make same available at no cost to
the COUNTY in written form,
7
The CITY and its subcontractors shall preserve andmake available, at reasonable times
for examination and audit by the COUNTY, all financial records,. supporting documents,
statistical records, and any other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act, Chapter 119., Florida Statutes, if
applicable, or, if the Florida Public Records Act is not applicable, for a minimum period, of
three (3) years after termination of this Agreement. If any audit .has been initiated and
audit findings have not been resolved at the end of the retention period or three (3) years,
whichever is longer, the books, records, and accounts shall be retained until resolution of
the audit findings. If the Florida Public Records Act is determined by the COUNTY to be
applicable to the CITY and its subcontractors' records, the. CITY and its subcontractors
shall comply with all requirements thereof; however, no confidentiality or non -disclosure
requirement of either federal or state law shall be violated by the I CITY or its
subcontractors, Any incomplete or incorrect entry in such books, records, and accounts
shall be a basis for the COUNTY's disallowance and recovery of any payment upon such
entry. The CITY shall ensure that the requirements of this. Section 7.4 are included in all
agreements with its subcontractors.
7.5 This Agreement incorporates and includes all prior negotiations, correspondence,
agreements, or understandings applicable to the matter contained herein; and the parties
agree that there are no commitments, agreements,. or understandings concerning the
subject matter of this Agreement that are not contained or incorporated into this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether orator written. It is further agreed
that no change, amendment, alteration, or modification in the terms and conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith by all parties to this Agreement..
7.6 The respective obligations of the parties set forth in this Agreement shall not be
assigned, in whole or in part, without, the written consent of the other party.
7.7 If the performance of this Agreement ' or any obligation hereunder is prevented by
reason of hurricane, earthquake, or other casualty caused by nature, or by labor strike,
war, or by a law, order, proclamation, regulation, or ordinance of any governmental agency,
the party so affected, upon giving prompt notice to the other party, shall be excused from
such performance to the extent of such prevention, provided that the party so affected shall
first have taken reasonable steps to avoid and remove such cause of non-performance and
shall continue to take reasonable steps to avoid and remove such cause, and shall
promptly notify the other party in writing and resume performance hereunder whenever
such causes are removed; provided, however, that if such non-performance exceeds sixty
(60) days, the party that is not prevented from performance by the force majeure event
shall have the right to terminate this Agreement upon written notice to the party so
affected. This section shall not supersede or prevent the exercise of any right the parties
may otherwise have to terminate this Agreement.
7.8 Whenever either party desires to give notice to the other, such notice must be in
writing and sent by United States mail, return receipt requested, courier evidenced by a
1.1
delivery receipt, electronically or facsimile, evidenced by a delivery receipt, or by an
overnight express delivery service, evidenced by a delivery receipt, addressed to the party
for whom it is intended at the place last specified;, and the place for giving of notice shall
remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice. Notice shall be effective upon delivery as evidenced
by a delivery receipt,
FOR THE COUNTY: Director, Environmental Protection and Growth
Management Department
Suite 3298, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
With a copy to: Broward County Attorneys Office
Suite 423, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR THE CITY: City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
With a copy to: City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
7.9 The parties may amend this Agreement to conform to changes in federal, state, or
local laws, regulations, directives, and objectives. No modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless contained in
a written document prepared with the same or similar formality as this Agreement and
executed with the same formality and of equal dignity herewith or otherdeiegated authority
to or otherwise authorized to execute same on their behalf.
7.10 Each party shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
7.11 The waiver by either party of any failure on the part of the other party to perform in
accordance with any of the terms or conditions of this Agreement shall not be construed as
a waiver of any future or continuing similar or dissimilar failure.
7.12 In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless the CITY or the
0
COUNTY elects to terminate this Agreement. An election to terminate this Agreement
based upon this provision shall be made within seven (7) calendar days after notice of the
courts final determination. For the purposes of this section, final.shall mean the expiration
of time within which to file an appeal or the conclusion of any appellate proceeding and the
granting of an order. In such event, the parties agree to cooperate fully with each other to
effectuate a smooth transition of services,
7.13 The COUNTY and the CITY are each an independent contractor under this
Agreement. Services provided by each party pursuant to this Agreement shall be subject
to the supervision of said party. In providing such services, neither the CITY nor its agents
shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture,
or other joint relationship is created hereby. The COUNTY does not extend to the CITY or
its agents any authority of any kind to bind the COUNTY in any respect whatsoever.
7.14 This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. The parties acknowledge that jurisdiction of
any controversies or legal disputes arising out of this Agreement, and any action involving
the enforcement or interpretation of any rights hereunder, shall be exclusively in the state
courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for
litigation arising
rising out of this Agreement shall be exclusively in such state courts, forsaking
any other jurisdiction which either party may claim by virtue of its residency or other
jurisdictional .device. BY ENTERING INTO THIS AGREEMENT, THE CITY AND THE
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO
A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, ARISING FROM, OR IN
CONNECTION WITH THIS AGREEMENT.
7.15 The truth and accuracy of each "Whereas" clause set forth above are acknowledged
by the parties and each clause is hereby incorporated into this Agreement.
7.16 This Agreement shall be recorded in the Public Records of Broward County, in
accordance with the Florida Interlocal Cooperation Act of 1969.
7.17 Multiple copies of this Agreement maybe fully executed by all parties, each of which
shall be deemed to be an original.
7.18 Neither the CITY nor the COUNTY intends that any person shall have a cause of
action against either of them as a third party beneficiary under this Agreement. Therefore,
the parties agree that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a claim against either of them based upon this
Agreement. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
7.19 Whenever any words are used in this Agreement in the masculine gender, they shall
be construed as though they were also used in the feminine or neuter gender in all
situations where they would so apply, and whenever any words are used in this Agreement
10
in the singular form, they shall be construed as though they were also used in the plural
form in all situations where they would so apply.
[Remainder of page intentionally left blank)
11
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice -
Mayor, authorized to execute same by Board action on the day of
2014; and the CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
ATTEST:
Broward. County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements
approved by Broward County
Risk Management Division
-0
Signature (Date)
Print Name and Title above
NAR/gmb
03119114
#14-G49
TamaracILA — public Improvement.aO2
COUNTY
0
BROWARD COUNTY, by and through
its Board of County Commissioners
B
Mayor
—day of 2014
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
0
a
Nancy A. Rubin (Date)
Assistant Gounty.Attorney
Mahe Azcoitia (Date)
Deputy County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTYAND CITY OF TAMARAC
ATTEST:
City Clerk
wlji! I'll ItIll't
M. A
10
A,
Z:
C)
0
CITY OF TAMARAC
CITY OF TAMARAC
B
Ma
daY Of 20 It "Y
Approved, as to form.
By: Z/
-CTy Attorney
day of r, K- ',
20 iV
13
EXHIBIT "A"
Redevelopment Area
14
EXHIBIT 1
Page 1 of 7
Return recorded document to:
Broward County Housing Finance and
Community Redevelopment Division
110 NE 31d Street, 3'd Floor
Fort Lauderdale Florida 33301
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorneys Office
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FIRST AMENDMENT
to
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
This is a First Amendment to that certain Interlocal Agreement, made and entered
into by and between: BROWARD COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY," and
CITY OF TAMARAC, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "CITY."
WHEREAS, COUNTY and CITY entered into an Interlocal Agreement which was
executed by COUNTY on June 10, 2014, providing Broward Redevelopment Program
("BRP") funding to CITY in the not to exceed amount of One Million Five Hundred
Thousand and 00/100 Dollars ($1,500,000.00) for the installation of utilities and
infrastructure, including potable water distribution, sanitary sewer, and drainage, in CITY -
owned right-of-way within a mixed -use development known as Tamarac Village ("Project");
and
WHEREAS, CITY is desirous of amending the Interlocal Agreement to extend its
termination date by two (2) years; and
WHEREAS, COUNTY deems it in the best interest of the citizens of Broward County
to amend the Interlocal Agreement to extend its termination date by two (2) years and to
provide for termination by the County Administrator upon request of CITY, NOW,
THEREFORE,
EXHIBIT 1
Page 2 of 7
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the parties agree as follows:
1. The above recitals and representations set forth above in the "WHEREAS" clauses
of this First Amendment to Agreement are true and correct and are incorporated herein by
reference.
2. Section 3.2 of Article 3, "Term of Agreement," is hereby amended to read as follows:
3.2 The termination date of this Agreement shall be October 31, 2017-9.
3. Section 4.2b. of Article 4, "Payment/Obligations," is hereby amended to read as
follows:
4.2 No COUNTY disbursement shall be made until each milestone identified for
the approved Project is achieved. The milestones for this Project are as follows:
b. The second milestone shall be at the completion of the Project, which
shall be no later than t#Fee (3) five 5 years after the effective date of
this Agreement. Completion will be deemed to have occurred when
the CITY submits all receipts, approved permits, certificates of
completion, if any, copies of all permits with all required sign -offs, and
all other necessary documentation indicating the work for the Project
has been completed in a satisfactory manner. Final required sign -off
shall include a professional engineer's signing and sealing that the
Project is complete and operational, in substantial conformance with
the plans and specifications.
At the completion of the Project, the CITY shall provide verified actual
costs satisfactorily demonstrated to have been expended by the CITY
for completion of the Project, in the minimum amount of the initial
disbursement of Five Hundred Thousand and 00/100 Dollars
($500,000.00), and in an amount not to exceed One Million Five
Hundred Thousand and 00/100 Dollars ($1,500,000.00). Upon
satisfactory review and approval of all required documentation from
the CITY, the COUNTY shall pay the City an amount not to exceed
One Million and 00/100 Dollars ($1,000,000.00), the balance on the
total contract amount after initial disbursement.
C. The CITY agrees that all COUNTY funds disbursed to the CITY for
the Project shall be returned to the COUNTY if the Project is not
completed and operational within th ee-(3) five 5 years after the
effective date of this Agreement.
2
EXHIBIT 1
Page 3 of 7
4. Article 5, "Reporting Requirements," is hereby amended to read as follows:
In addition to the reporting requirements of Sections 163.356, 163.362, and
163.387, Florida Statutes, which are due by March 31 of each year, the CITY shall
submit to the COUNTY, on the anniversary date of the effective date of this
Agreement, a detailed Annual fReport of the progress made in carrying out the
Project. This Annual Report shall include the Project development schedule
showing updates as appropriate, and a critical path timeline as to overall
redevelopment within the declared redevelopment area. Additionally, a -status
> ,
base,
,
----G-eptable to the GOUNTY the Annual Report shall include time frames
and benchmarks including but not limited to accounting of COUNTY funding
enhancements to the tax base any leverage of private or public funds costs and
revenues, growth in new business number of iobs created and maintained removal
of blighting conditions, reduction in code violations improvements to infrastructure
and ongoing benefits to the broader community. Financial information shall include
both expenditures for the current fiscal year and cumulative financial information for
the Proiect. Also, a detailed six (6) month Progress Report shall be delivered to the
COUNTY every six (6) months after the effective date herein, except that the
second Progress Report may be combined with the Annual Report Each Progress
Report shall contain Proiect performance information to include descriptions of the
implementation activities undertaken the achievement of milestones and
benchmarks, the compliance with the established development schedule/time
frames, the actual costs/expenditures and the number of jobs created and
maintained.
The Annual
fReport and Progress Reports shall contain sufficient information for the COUNTY
to determine whether the Project conforms to this Agreement and the Broward
Redevelopment Program, and shall be in a format acceptable to the COUNTY.
5. Section 6.1 of Article 6, "Termination," is hereby amended to read as follows:
6.1 This Agreement may be terminated for cause by the aggrieved party if the
party in breach has not corrected the breach within ten (10) days after receipt of
written notice from the aggrieved party identifying the breach. This Agreement may
also be terminated for convenience by the Board. Termination for convenience by
the Board shall be effective on the termination date stated in a written notice
3
EXHIBIT 1
Page 4 of 7
provided by the COUNTY, which termination date shall be not less than thirty (30)
days after the date of such written notice. This Agreement may also be terminated
by the County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator
determines that termination is necessary to protect the public health, safety, or
welfare, or upon request of the CITY. if the COUNTY erroneously, improperly, or
unjustifiably terminates for cause, such termination shall be deemed a termination
for convenience, which shall be effective thirty (30) days after such notice of
termination for cause is provided.
5. Section 7.8 of Article 7, "Miscellaneous Provisions," is hereby amended to read as
follows:
7.8 Whenever either party desires to give notice to the other, such notice must
be in writing and sent by United States mail, return receipt requested, courier
evidenced by a delivery receipt, electronically or facsimile, evidenced by a delivery
receipt, or by an overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice.
Notice shall be effective upon delivery as evidenced by a delivery receipt.
FOR THE COUNTY: Director, Housing Finance and Community
ORedevelopment Division
110 NE 3"d Street, 31d Floor
Fort Lauderdale, Florida 33301
With a copy to: Broward County Attorney's Office
Suite 423, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR THE CITY: City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
With a copy to: City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
6. Except as amended herein, all other terms and conditions of the Interlocal
Agreement shall remain in full force and effect.
4
EXHIBIT 1
Page 5 of 7
7. This First Amendment shall become effective upon execution by all parties.
8. This amendment shall be recorded in the public records of Broward County, Florida,
in accordance with the Florida Interlocal Cooperation Act of 1969.
9. In the event of any conflict or ambiguity by and between the terms and provisions of
this First Amendment and the Interlocal Agreement, the terms and provisions of this First
Amendment shall control to the extent of any such conflict or ambiguity.
[Remainder of page intentionally left blank]
5
EXHIBIT 1
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amendment to Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its
Mayor or Vice -Mayor, authorized to execute same by Board action on the day of
, 201 ; and CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as BY
Ex -of icio Clerk of the Broward County Mayor
Board of County Commissioners
day of , 2017
BRPTamarac-a02
04/17/17
#17-129
N.
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By �_
Waite Azcoi ,a (Date)
Deputy County Attorney
EXHIBIT 1
Page 7 of 7
FIRSTAMENDIVIENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF TAMARAC
ATTEST:
CITY OF TAMARAC
day of I 20
Approved as to farm:
CITY Attorney
day of 2017