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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-074 Temp. Reso. 13306 July 10, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2019 / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA PROVIDING FOR A SECOND AMENDMENT TO THE BROWARD REDEVELOPMENT GRANT PROGRAM INTERLOCAL 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 economic development, job creation, and the removal of blight throughout the County; and Temp. Reso. 13306 July 10, 2019 Page 2 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 City of Tamarac agreed with Broward County to amend the ILA via R2017-47 to provide a two-year extension of the ILA to October 2019, a copy of the fully executed amendment to the ILA is attached hereto as Exhibit B and is incorporated herein by this reference; and WHEREAS, unforeseen issues resulting from the permitting process caused unexpected delays in the Tamarac Village project development schedule; and WHEREAS, this delay extends the timeline of the Tamarac Village project beyond the expiration date of the amended BRP grant ILA of October 2019; and WHEREAS, the extended timeline requires a second amendment to the ILA, extending the term of the BRP grant award from October 31, 2019 to July 31, 2020; and WHEREAS, the City requested, and Broward County agreed to amend the ILA to further extend the term of the grant award from October 31, 2019 to July 31, 2020, a copy of the amended ILA is attached hereto as Exhibit C and is incorporated herein by this reference; and WHEREAS, the Director of Financial Services and Director of Community Development recommend amending the ILA to further extend the term of the ILA to July 31, 2020 to avoid dissolution of the grant award; and Temp. Reso. 13306 July 10, 2019 Page 3 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, extend the term of the BRP grant award, 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 City Commission of the City of Tamarac HEREBY amends the Broward Redevelopment Program Grant Interlocal Agreement (ILA) between Broward County and the City of Tamarac providing for a second extension to the term of the ILA from October 31, 2019 to July 31, 2020 for the provision of utilities and infrastructure at Tamarac Village. Section 3: Upon approval of the amendment, the appropriate City Officials are HEREBY authorized to execute the necessary documents following legal review. 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 Temp. Reso. 13306 July 10, 2019 Page 4 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 ��day of , 2019. 4 (e, CHELLE J. G MEZ MAYOR ATTEST: PATRICIA TEUFEL, MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO _z I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA ,4 I, /11.‘ UEL S. GORLI CITY ATTORNEIO Exhibit A BR .WVARD ' COUNTY FLORIDAI Environmental Protection and Growth Management Department HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION 110 NE 3'1 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 MI% k: 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 Cernech. Electronic copies will be sent to you, Mr. Cernech, the City Clerk and the City Attorney. If you have any questions or comments, please call me at (954) 357-6679 or email at gamoruso@broward;org. Best g 1-ds, G e n Amor so, Principal Planner, 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 Broward County Board of County Commissioners •Sue Gunzburger•Dale V.0 Holness•Kristin D.Jacobs•Martin David Kiar•Chip LaMarca•Stacy Ritter•Tim Ryan•Barbara Sharief•Lois Wexler www.broward.org INSTR# 1 .! OR BK 50873 Pages 112362058 320-334 \ RECORDED 06/20/1411:22:51 AM BROWARD COUNTY COMMISSION Return recorded document to: DEPUTY CLERK 1037 Broward County Housing Finance and #4,15 Pages Community Development Division 110 NE 3ra Street,3rd Floor Fort Lauderdale Florida, 33301 Document prepared by: Nancy Rubin,Assistant County Attorney Broward County Attorneys 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 Ill, 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 t'}I r U ,>G (5 i 'y 42ILL 1✓.Lo t !'`_K,Y F 1 c-c I ) 1)1'•R I L l «.O•`. L)M l`_:K ti.1 .ti :.['<<'', R i... // Return recorded document to: Broward County Housing Finance and Community Development Division 110 NE 3` Street, 3rd 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 2 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 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 - 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. 4 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 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 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. 6 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. 7 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 8 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 3296, 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 9 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 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 may be 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 MayQr or Vice- Mayor, authorized to execute same by Board action on the !DI- day of '.lc+- , 2014; and the CITY OF TAMARAC, signing by and through its CITY ptAt•rtNiEp - duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and th gh ') its Board of Co i •0 _ Bro rd County A. i strator, as By Ex-officio Clerk of tbetlYen y,y rd County Mayor Board of Cou (�PAlfllli.�gl�'(o� 1 D4 day of v�Lk-c- , 2014 I. CREATED p ; pCT S'C ��• CO_ Approved as to form by • _ Joni Armstrong Coffey cou- z Broward County Attorney ,,, ,,/„. � ,p,o•�` Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-7641 *//y By14(1k/4A/A ' k 1 kki Signs _re . .(Dat Nancy A. Rubin (Date) Risk Ma ent Di ion Assistant County Attorney Jacqueline . inns Print Narugt`P 4a" ove By cr-f s/1q y site Azcoitia (Date) Deputy County Attorney NAR/gmb 03/19/14 #14-049 TamaraclLA-Public Improvement.a02 12 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC CITY OF TAMARAC ATTEST: CITY OF TAMARAC - -Qr----) 0/1 City Clerk e,..- urrter- \\\ FI.FM Fig0'',>, � dayof .A 7 20 /4f •- ��,e 0 _ Approved as to form: %,�j SAP 4�: ATIAGIA/r4, 0,,R 1 660,3,,,� I- ' orney , 7A day of M' / 20 i Y 13 EXHIBIT A 'l1 rHCGW10110;N1V/p111 AtiT��- --NW B1111 A\S _ _ _- y } w aw ( a 1 1 P P". } . I4i: 0, '- - .;*It. -4,e 4",-)0%, Nal 5 :. '11 -. , Pr k ' +ly "d'1 1,q;34 44 I +. I ;.. .. ,, , .:,,E , •;- ...,:,,.;,,',.------1).: ),, ,-,.., ..,..4,4, 4 .,A-1! - 1 3 liar I. AF,IIiii1/ i ii., ..u. ,.... .,.,4+7r- i.,.I, _=, , .,, i l ly i) 4 ``�, l e',u'1�} L,L 1 r I.'7' n1._ I Itk):14i41 M firliiiiaili'n * 4I N,id;P E•.r 6:': t M ` u • ,.. _ dr.Cs...fn L... L p IIII , `a�at� �- I. NW 81„I,U, re, . I t •tia$iliigilal. , k 3 ' 41.16ciit �� �f-��fY'M m ) r x�C• I • •f aofK•w"F .r.�r .Ud b I?. j ie S I- oI " +. I I: '' fC 1�J1 f Ill.' c cjiJL �. _ �ti . clt- 14. � ) klAwralliq�o" t" y,_ NW fl;tMc wt .rnrolj_el ...1 Er-l �� t ,. 1, vnu,nluiWr v; . �LP �r_lai ;ire% �;_.r,i-l�+ 7 ` 11 t•J �"`�"'r'' k t lfi 2 yi „ n • (/q�p{� i�iiii�i ili y x..A Se, ...:... _.J ,i a ' C cA. -' if.t f1-7",lu,�•fIR r:'q—`'r Jr I t1' i - + .II�.T/`s O r i16 �6rol� lfi ii l u-. rr„ �.• ' r r err 11 £ W JEyr. .1 4.. Awiydkc. -rl '''*".3 et 1-�II�'/�1I I �� • d'•U.;47 p. 1 Ulf ,i r^a'. I 6...11i W`Y''.A:�c°nqw{{ai�pls-�--t--����]4] u ' . ' ' :•1"'�' 1 1 y I ''I'i�i17F1 90 ... r r 1,' f 'f 1 a. 1 �i ' ' k is 41 M �� lI I ' 1 .i 1 - I4— 1CalMalli ' 'Ill 1 IIIfi` 1 ;,' I I'II I I a X l IISf• .Y'''ip',`..,� .. .. ... .- it In •. • y i LU Temp. Reso. 12945 May 10, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2017 1/7 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 Page 4 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. e PASSED, ADOPTED AND APPROVED this /g day of J✓ia/ � , 2017. HA R DRESSLER MAYOR ATTEST: P TRICIA TEUFEL, CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER __✓ DIST 1: COMM. BOLTON Y DIST 2: COMM_ GOMEZ �► DIST 3: COMM. FISHMANi' DIST 4: VICE MAYOR PLACKO 7--ct--- I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA U` S CITY ATTOR1NEY i; Exhibit A BFQNARD COUNTY FLORIDA Environmental Protection and Growth Management Department HOUSING FINANCE AND COMMUNITY DEVELOPMENT DIVISION 110 NE 3e Street.Suite 300•Fort Lauderdale,Florida 33301 •954357-4900•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 57t 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) 357-6679 or email at gamoruso@browar org. Best �• . ds, n Amor so, •rincipal Planner, 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 Broward County Conm_ iasioners •Sue Gunztur9er•Dale V.C.Holness•Kristin D Jacob9� , Ritter•Tim Ryan•Barbera Shard•Lois Werder VNAV Ay r_. INSTRBK# 1058 5087312362 Paper 320-334 OR RECORDED 06/20/14 11:22:51 AM BROWARD COUNTY COMMISSION Return recorded document to: DEPUTY CLERK 1037 Broward County Housing Finance and #4,15 Pages Community Development Division 110 NE 3m Street,3`d 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 Ill, 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 Approved BCC SuL n itted Bykotfq � RETURN TO DOCUMENT ,ONTROL / r15 /, Return recorded document to: Broward County Housing Finance and Community Development Division 110 NE 3` Street,3`d Floor Fort Lauderdale Florida,33301 Document prepared by: Nancy Rubin,Assistant County Attorney Broward County Attorneys 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 2 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 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 - 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. 4 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 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 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. 6 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. 7 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 8 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 9 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 court's 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 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 may be 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 MaYp9r or Vice- Mayor, authorized to execute same by Board action on the 'DI— day of ,a..1 , 2014; and the CITY OF TAMARAC, signing by and through its Gr1 MewsGitR duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and th* gh its Board of Co -- '` • - P' Bro rd CountyA ifr(strator, as ByA ,%� Ex-officio Clerk�f`(be'Bltud4rd County Mayor Board of Cou�iG Mi_ tgr�0 r /D 4-day of v k.A.— , 2014 CREAT1�0 p :p 5 Approved as to form by v9 �g1 _ Joni Armstrong Coffey ' • �0 cove .' Broward County Attorney •........ ' ; Governmental Center, Suite 423 * 1'1+/•••+•1111+0 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-7641 /0-/IyBy WAArt#.1 crvlk"4 f Signa r (Dat Nancy A. Rubin (Date) Assistant County Attorney Jacquirme Print Na its, .-7;ove By ya../ 0,..< s,«/,y Azcoitia (Date) Deputy County Attorney NAR/gmb 03/19/14 #14-049 TamaraciLA—Public Improvementa02 12 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC CITY OF TAMARAC ATTEST: CITY OF TAMARAC City Clerk fitilaerter \.• - ,MAq9 day of AA7 20 • 5N-0. 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N 1 , irr i r‘-.7. 1 '.•=MN 1 ;,t 7:4 rill , 1 i :' t •MEM 1 ..L '"*'••• • ''". •I • " ; wos n•Avx ^-7- - i X li*' Whilr.--711111' ,, •• ti, ,r.;• —a. '^` I I Id w I BPARD COUNTY F L OR IDA Housing Finance and Community Redevelopment Division 110 Northeast 3'Street,Suite 300•Fort Lauderdale,Florida 33301 •954-357-4900•FAX 954-357-8221 November 8, 2017 Ms. Patricia Teufel, City Clerk mom City of Tamarac -‹-n o ra 7525 NW 88th Avenue n-+ ' ce Tamarac, Florida 33321 rn a n �c Dear Ms. Teufel, v► 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 ag moruso bro rd.or . r Glenn Amoruso 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 Cemech, City Manager Maxine Calloway, Director of Community Development Broward County Board of County Commissioners Marie 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 3ro 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 1 1 Submitted By -- RETURN TO DOCUMENT CONTROL \c__ 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, 20179. 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 three(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 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 rReport 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 report for the Project, including the updated Prejoet development schedule and a business, in a format acceptable to the COUNTY, 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 jobs created and maintained. Broward Redevelopment Program fued+ng must include both expenditures for the current fiscal year and cumulative financial information for the Project. The Annual (Report 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 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 DRedevelopment Division 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 ( - day of , 2017 ; and CITY OF TAMARAC, signing by and through its 7 , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through 4its Board of Coun Commissioners 14., oward County Administrator By Ex-officio Clerk of the Broward County ayor Board of County Commissioners (� I/1 day of C049 , 2017 Approved as to form by Andrew J. Meyers .� , Broward County Attorney •� '� 0 Governmental Center, Suite 423 CREATED ' 115 South Andrews Avenue O :33 OCT 1st 7:11 Fort Lauderdale, Florida 33301 v ....I. 1915 = Telephone: (954) 357-7600 - °couN<i '• ~ Telecopier: (954) 357-7641 uu►»- By / site Azcoitia (Date) Deputy County Attorney MN BRPTamarac-a02 04/17/17 #17-129 6 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC CITY OF TAMARAC ATTEST: CITY dlitiOAA \\\1\ , /pierk L City Manager • . �O p; /4 day of 20/ 7 „s • .cv.. Approved as to form: CITY Attorney IV day of /yJF, 20 0 7 B R 3 WARD ' COUNTY FLORIDA Housing Finance and Community Redevelopment Division 110 Northeast 3'a Street, Suite 300•Fort Lauderdale, Florida 33301 •954-357-4900•FAX 954-357-8221 September 9, 2019 Ms. Patricia Teufel, City Clerk City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Dear Ms. Teufel, Subject: Executed Originals — 2nd Amendment ILA; City of Tamarac - Broward Redevelopment Program (BRP) Public Improvement Project (Tamarac Village). Attached is the executed and recorded original 2nd Amendment to Interlocal Agreement (ILA), as recorded on August 28, 2019, 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 and recorded original 2nd 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 a oruso bro ward.or . t egar Glenn Amoruso Senior Program Project Coordinator, Housing Finance and Community Redevelopment Division Attachments (1) Cc w/o attachments: Ralph Stone, 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•Lamar P.Fisher•Beam Furr•Steve Geller•Dale V.C.Holness•Nan H.Rich•Tim Ryan•Barbara Sharief•Michael Udine www.broward.org Pagc 1 of 1 FNSTR # 116021141 Recorded 08/28/19 at 02:03 PM Broward County Commission "NARD 6 Page(s) drumigigigg Mtg Doc Stamps: $0.00 Int Tax$0.00 #1 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC This is the Second Amendment("Second Amendment")to 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" (the County and City are collectively referred to as the "Parties"). RECITALS A. The Parties entered into an Interlocal Agreement which was fully executed on June 10, 2014 ("Interlocal Agreement"), providing Broward Redevelopment Program ("BRP") funding to the 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"). B. The Parties entered into the First Amendment to the Interlocal Agreement on October 17, 2017,to extend the termination date by two (2) years, until October 31, 2019,and update certain provisions("First Amendment"). C. The City desires to amend the Interlocal Agreement to extend its termination date by nine (9) months. D. County deems it in the best interest of the citizens of Broward Countyto amend the Interlocal Agreement to extend its termination date to July 31, 2020. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. The above recitals and representations set forth above in the "Recitals" clauses of this Second Amendment are true and correct and are incorporated herein by reference. 2. The Parties agree to amend certain provisions of the Interlocal Agreement as set forth herein, in which strikethrough text indicates deletions and underlining/bold text indicates additions. All other terms and conditions of the Interlocal Agreement, not otherwise amended or inconsistent with this Second Amendment,shall remain in full force and effect. 3. 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, 2019 July 31, 2020. Apprtried BCC Submitted r-I rl� x. RFTURN TO DOCUMENTco COL BR;; ARD Exhibit C SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC This is the Second Amendment("Second Amendment")to 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" (the County and City are collectively referred to as the "Parties"). RECITALS A. The Parties entered into an Interlocal Agreement which was fully executed on June 10, 2014 ("Interlocal Agreement"), providing Broward Redevelopment Program ("BRP") funding to the 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"). B. The Parties entered into the First Amendment to the Interlocal Agreement on October 17, 2017, to extend the termination date by two (2) years, until October 31, 2019, and update certain provisions ("First Amendment"). C. The City desires to amend the Interlocal Agreement to extend its termination date by nine (9) months. D. County deems it in the best interest of the citizens of Broward County to amend the Interlocal Agreement to extend its termination date to July 31, 2020. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The above recitals and representations set forth above in the "Recitals" clauses of this Second Amendment are true and correct and are incorporated herein by reference. 2. The Parties agree to amend certain provisions of the Interlocal Agreement as set forth herein, in which strikethrough text indicates deletions and underlining/bold text indicates additions. All other terms and conditions of the Interlocal Agreement, not otherwise amended or inconsistent with this Second Amendment, shall remain in full force and effect. 3. 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, 2019 July 31, 2020. 4. Section 4.2 of Article 4, "Payments/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 five(5)years after the effective date of this Agreement July 31, 2020. 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 five (5)years after the effective date of this Agreement by July 31, 2020. 5. Section 7.20 of Article 7, "Miscellaneous," is hereby added read as follows: 7.20 Public Records. To the extent the City is acting on behalf of the County as stated in Section 119.0701, Florida Statutes, the City shall: a. Keep and maintain public records required by the County to perform under this Agreement; b. Upon request from the County, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 2"d Amendment to Tamarac BRP ILA Page 2 of 6 c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if the records are not transferred to County; and d. Upon completion of this Agreement, transfer to County, at no cost, all public records in possession of the City upon termination of this Agreement or keep and maintain public records required by County to perform. If the City transfers the records to the County, the City shall destroy any duplicate public records that are exempt or confidential and exempt. If the City keeps and maintains public records upon completion of this Agreement, the City shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County upon request in a format that is compatible with the information technology systems of the County. The failure of the City to comply with the provisions of this Section shall constitute a material breach of this Agreement entitling the County to exercise any remedy provided in this Agreement or under applicable law. A request for public records regarding this Agreement must be made directly to the County,who will be responsible for responding to any such public records requests. The City will provide any requested records to the County to enable the County to respond to the public records request. IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT(954)357-4900, RSTONE@BROWARD.ORG,110 NORTHEAST 3rd STREET, SUITE 300, FORT LAUDERDALE, FLORIDA 33301. 6. Except as amended herein, all other terms and conditions of the Interlocal Agreement, as amended by the First Amendment, shall remain in full force and effect. 7. This amendment shall be recorded in the public records of Broward County, Florida, in accordance with the Florida Interlocal Cooperation Act of 1969. 8. In the event of any conflict or ambiguity by and between the terms and provisions of this Second Amendment and the Interlocal Agreement, as amended by the First Amendment, the terms and provisions of this Second Amendment shall control to the extent of any such conflict or ambiguity. 2nd Amendment to Tamarac BRP ILA Page 3 of 6 9. The effective date of this Second Amendment shall be the date upon which it is fully executed by the Parties. This Second Amendment may be executed in multiple originals,and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [Remainder of page intentionally left blank] 2nd Amendment to Tamarac BRP ILA Page 4 of 6 IN WITNESS WHEREOF, the Parties hereto have made and executed this Second Amendment to Interlocal 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 <91 day of attl I,1 s' 20 14 ; and CITY OF TAMARAC, signing by and through its C 4�L) �Y�;Yar'�,/ ,dulyautlitirized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through / its Board of County Commissioners %dountYAd m istrator, as By -0( ex officio Clerk of the Broward County Mayor Board of CountyCommissioners day of 1, 2019 ``1111111i111111�1�, . �` GOMM/s"'',, ` y • �, �,� Approved as to form by ? ,•' •• p Andrew J. Meyers J ;• CR�ATFr Broward County Attorney oOCT 1st a Governmental Center, Suite 423 1915 4: 0 115 South Andrews Avenue %, .00OUN �, Fort Lauderdale, Florida 33301 Telehon : (954) ••7� 1����`�� ` Telepopier: (954) 357 76401 1 N 111111// By I aAM.a.�o/,�h/J fi t Damaris Y. Henlon (Date) Assistant County Attorney By c‹-.7 637 77)) /r Maite Azcoitia(Date) Deputy County Attorney DYH/gmb BRPTamarac 2'd Am. 06/19/19 #447588 v2 2nd Amendment to Tamarac BRP ILA Page 5 of 6 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC CITY OF TAMARAC ATTEST: CITY OF TAMARAC B . "Agi--r) kri6butodi City Clerk City Manager .,� •,47 day of !iil.r 20 9 W ES .1963 ;EE_ Approved as to form: O c t j\ . O ';-9,q ...... ;sy By: r i �iSiildy-, ,,,,4" C®U11,` \\ City Attorrie 1e4 day of -14!) 20 10 2"d Amendment to Tamarac BRP ILA Page 6 of 6