HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-0471
Temp. Reso. 12945
May 10, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2017q7
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AMENDING THE
BROWARD REDEVELOPMENT GRANT PROGRAM
AGREEMENT BETWEEN BROWARD COUNTY AND
THE CITY OF TAMARAC THROUGH THE BROWARD
COUNTY ENVIRONMENTAL PROTECTION AND
GROWTH MANAGEMENT DEPARTMENT FOR THE
TAMARAC VILLAGE DEVELOPMENT PROJECT;
AUTHORIZING AND PROVIDING FOR THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
NECESSARY DOCUMENTS REQUIRED TO AMEND
THIS AGREEMENT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to encourage
economic development and job creation for residents and businesses of Tamarac; and
WHEREAS, the City of Tamarac is currently the owner of 20 of the 127 acres
that constitutes Tamarac Village; and
WHEREAS, the City of Tamarac wishes to encourage economic development
and job creation in the area that constitutes Tamarac Village; and
WHEREAS, Broward County administers grant funding to municipalities and
community redevelopment agencies through the Broward Redevelopment Program
(BRP) for projects that result in redevelopment of designated areas to encourage
Temp. Reso. 12945
May 10, 2017
Page 2
economic development, job creation, and the removal of blight throughout the County;
and
WHEREAS, the City of Tamarac entered into an Interlocal Agreement (ILA) with
Broward County for $1.5 million in grant funds to provide for the installation of utilities
and infrastructure at Tamarac Village which is attached hereto as Exhibit A and is
incorporated herein by this reference; and
WHEREAS, the ILA requires this infrastructure work to follow a development
schedule with a completion date of June 2017, four months prior to the ILA expiration
date of October 2017; and
WHEREAS, Broward County requires and the City agrees to amend the ILA and
to provide a two year extension of both the development schedule and the ILA
expiration dates to June 2019 and October 2019 respectively; and
WHEREAS, the Director of Financial Services and Director of Community
Development recommend amending the ILA to extend both the development schedule
and ILA expiration dates to avoid dissolution of the grant award; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to amend the ILA,
Temp. Reso. 12945
May 10, 2017
Page 3
extend the development schedule, extend the expiration date of the ILA, and execute
the necessary documents following legal review.
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 HEREBY made a specific part of this
Resolution. All Exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to amend the
Broward Redevelopment Program Grant Interlocal Agreement (ILA) between Broward
County and the City of Tamarac providing for a two year extension to both the
development schedule and expiration of the ILA to June 2019 and October 2019
respectively for the provision of utilities and infrastructure at Tamarac Village. A copy
of said amendment is attached hereto as Exhibit B and is incorporated herein by this
reference.
Section 3: Upon approval of the amendment, the appropriate City officials are
HEREBY authorized to execute the necessary documents following legal review.
Temp. Reso. 12945
May 10, 2017
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Section 4: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this
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MAYOR
`'
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
2017.
E
1
Exhibit A
ti
F L O R t D A
Environmental Protection and Growth Management Department
HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION
110 NE 31d Street, Suite 300 -Fort Lauderdale, Florida 33301-954-357-4900 - FAX 954-357-8228
June 24, 2014
Mr. Michael Gresek
Grants Administrator
City of Tamarac
7525 NW 88th Avenue
Tamarac,, Florida 33321
Dear Mr sek:
SUBJECT: Executed Originals- Tamarac- Broward Redevelopment Program (BRP)
Attached is the executed original Interlocal Agreement (ILA), as recorded on June 20, 2014,
in an amount not to exceed $1,500,000 for the construction of utilities and infrastructure
improvements for a part of the roadway (NW 57th Street) in Tamarac.
Similarly, another executed original ILA will be sent to Michael Cemech. Electronic copies will
be sent to you, Mr. Cemech, the City Clerk and the City Attorney.
If you have any questions or comments, please call me at (954) 357-6679or email at
gamoruso@broward,org.
TMPlanner, Housing Finance and Community Development Division
Attachments (1)
Cc w/o attachments:
Ralph Stone, Director, Housing Finance and Community Development Division
Samuel Goren, City Attorney
Michael Cernech, City Manager, City of Tamarac
Patricia Teufel, City Clerk
Srowardour► t3 o bounty Canmissioners
• Sue Gunzburger • Date V.G. Hoiness • Kristin D. Jaeo�i Rater •Tim Ryan •Barbara Shariei •Lois Weider
Return recorded document to:
Broward County Housing Finance and
Community Development Division
110 NE 3rStreet, 3`d Floor
Fort Lauderdale Florida, 33301
INSTR # 112362058
OR BK 50873 Pages 320 - 334
RECORDED 06/20/1411:22:51 AM
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1037
#4, 15 Pages
Document prepared by:
Nancy Rubin, Assistant County Attorney
Broward County Attorney'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 lll, Florida Statutes,
that is receiving the COUNTY's 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
Ir E`fIJR14' TO 10-OCUKAEfIT MNT1 ROL
I� .
Return recorded document to:
Broward County Housing Finance and
Community Development Division
110 NE 3` Street, P Floor
Fort Lauderdale Florida, 33301
Document prepared by:
Nancy Rubin, Assistant County Attorney
Broward County Attorney'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,"
AND
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 COUNTY's 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 CITY submitted 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
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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 obligations 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.
1.3 Economic development shall mean a project or activity that creates an identified
number of new permanent jobs as detailed in the application for funding under the 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 economic 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 57th Street, between 94th Avenue and Pine Island
Road, in Tamarac, Florida, within the redevelopment area as described in Exhibit "A."
2.2 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
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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 - PAYMENTS/OBLIGATIONS
4.1 The total maximum financial grant of the COUNTY for the Project shall not exceed
One Million Five Hundred Thousand and 00/100 Dollars ($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 milestone 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 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 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.
4.4 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 5 - REPORTING REQUIREMENTS
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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 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 CITY's 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.
Con
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 form, or in a form
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.
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The CITY and its subcontractors shall preserve and make 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 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 oral or 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
0
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 329B, Governmental Center
115 South Andrews Avenue
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
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 other delegated 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
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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 otherjoint 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 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 Maygr or Vice -
Mayor, authorized to execute same by Board action on the i 0�- day of -jj�k�.
2014; and the CITY OF TAMARAC, signing by and through its CITI MAW44SIZ
duly authorized to execute same.
ATTEST:
BroV4rd County AdfniAfstrator, as
Ex-officio Clerk otffiatB",9rd County
Board of Cou'*G mmiiff '�p
0
CREATED
Soc-f I Cn
O *W
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Insurance requirements
approved by Broward County
Risk Management Division
COUNTY
\-'Mayor
day of '12014
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 �Mm
Si na 'r Nancy A. Rublin (Date)
ent Di ion Assistant County Attorney
jwqWine inns
Print Nanultwvove
Bv
Phaite Azcoitia (Date)
Deputy County Attorney
NAR/grnb
03/19/14
#14-049
Tamaracil-A — Public lrnprovernenta02
li K
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
ATTEST:
-ci;w
City Clerk
CITY OF TAMARAC
CITY OF TAMARAC
Cam'-•�•�,' �urr.� c r-
day of M4,e-r20
Approved as to form:
By:AXI-
orney
/-7' TA day of N,1y Y 20 1 V
13
EXHIBIT A
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W
BARD
' COUNTY
Housing Finance and Community Redevelopment Division
110 Northeast 31tl Street, Suite 300 • Fort Lauderdale, Florida 33301 •954-357-4900 • FAX 954-357-8221
November 8, 2017
Ms. Patricia Teufel, City Clerk � < $
City of Tamarac .<-r n r4
7525 NW 88th Avenue 0-4m °o
Tamarac, Florida 33321 61 a n c
Dear Ms. Teufel, y
Subject: Executed Originals — 1st Amendment ILA; City of Tamarac - Broward
Redevelopment Program (BRP) Public Improvement Project (Tamarac
Village).
Attached is the executed, original 1st Amendment to Interlocal Agreement (ILA), as recorded
on October 19, 2017, in an amount not to exceed $1,500,000 for the installation of utilities
and infrastructure, including potable water distribution, sanitary sewer and drainage
improvements located in a CITY -owned right-of-way within a mixed -use development known
as Tamarac Village.
Similarly, another executed original 1st Amendment ILA will be sent to Mr. Cernech, the City
Manager. Electronic copies will be sent to you, Mr. Cernech and Mr. Goren, the City
Attorney.
If you have any questions or comments, please call me at (954) 357-6679 or email at
Senior Planner, Housing Finance and Community Redevelopment Division
Attachments (1)
Cc w/o attachments:
Suzanne Fejes, Acting Director, Housing Finance and Community Redevelopment Division
Andrew Meyer, County Attorney
Samuel Goren, City Attorney
Michael Cernech, City Manager
Maxine Calloway, Director of Community Development
Broward County Board of County Commissioners
Mark D. Bogen • Beam Furr - Steve Geller • Dale V.C. Holness • Chip LaMarca • Nan H. Rich • Tim Ryan • Barbara Sharief • Michael Udine
www.broward.org
Page 1 of 1
INSTR # 114671007
Recorded 10/19/17 at 10:43 AM
Broward County Commission
7 Page(s)
#1
Return recorded document to:
Broward County Housing Finance and
Community Redevelopment Division
110 NE 3rd Street, 3rd Floor
Fort Lauderdale Florida 33301
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's 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,
Approved BCC-
.LJ
Submted By -
RETURN TO DOCUMENT CONTROL � ��
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 thr 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 three (3) five 5 years after the
effective date of this Agreement.
2
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 (Report 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, astatu
�
not limited to aGGGUntino of the GO IAITV'c fl MdiRg enhaRGementc to the tw
eRy leveFage of pFivateeF publiGG fURds, G0GtG and reveRues,
+nPFeuerneRts-tG infr UG E)RgGiRg efits to the bFeadeC nemr-rm„nity, .III
in a format aGGentable to the rnl IAITv 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 jobs 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 Project. 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 Project 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 lobs created and
maintained. The -a^vti ty FepeFt in the fnrma-ded iR the Annlination fee the
Qrowa Fd Redevelopment Dronr.+m fuRdino must innl„de both evneRdit„F% for the
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
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
PRedevelopment Division
11 i 5 Mouth ARdr �ecv 6 Av R er ' 29H
110 NE 3rd Street, 3rd 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
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
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 ( ?-"I-- day of
Oa� , 201-/ ; and CITY OF TAMARAC, signing by and through its,'
duly authorized to execute same.
ATTEST:
oward County Administrato ,
Ex-officio Clerk of the Broward County
Board of County Commissioners
III of
O M• M
A,
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_= CREATED ••
O ; OCT 1st 9 • N E
coijtAAA
MA/
BRPTamarac-a02
04/17/17
#17-129
COUNTY
BROWARD COUNTY, by and through
its Board of Coun y Commissioners
By W!
I , ayor
�
day of 6 1 , 2017
Approved as to form by
Andrew'J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By c� o r
site Azcoitia (Date)
Deputy County Attorney
FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF TAMARAC
ATTEST:
CITY OF TAMARAC
CITY
City Manager
day of / 20jl
Approved as to form:
By:
CITY Attorney
6�1 day of a",200
rl