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Home My WebLink AboutAgenda Packet 09-17-2013CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday September 17, 2013 4:30 PM AGENDA CALL TO ORDER: ROLL CALL: AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The Board will not take any action under the "Audience to Be Heard" section of the agenda. The Board may schedule such items for future agendas. NEW BUSINESS: 1. Approval of minutes of meeting of November 13, 2012. 2. Resolution No. 2013-18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ("Agency"); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agency so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date. 3. Resolution No. 2013-19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A"; and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 4. Approve CRA Budget for FY 201312014. 5. Establishing CRA Meeting Schedule and financial reporting requirements. OPEN DISCUSSION: REPORTS - ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the COMMUNITY REDEVELOPMENT AGENCY with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Agency for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Agency Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida November 13, 2012 4:30 PM MINUTES CALL TO ORDER: The Meeting was called to order at 4:33 P.M. Rni I [_a! r - Board Members Present: John Bond, Bob Hoog, Bu Betty Walsh. Randels, and Others Present: City Manager David L. Greene, .City Attorney Anthony `s_ agese, City Clerk Angela Apperson, Community & Economic,Development Directory , dd Morley, Planning & Zoning Director Barry Brown and Finaiace Director John McGinnis. NEW BUSINESS>x... . 1. Election of Officers for Commune#No' °E edevelo ment A' erc : Motion by Board Member Hoog, seconded by Boardi Meme' tsos, o have Board Member Randels serve as Chairman and Boar�Me `er 14terve as Vice -Chairperson. The motion carried unari mb sly after a rsd;n call vot.. ;. 2. Establish t}"r;+ Staff recommends the>,fc Reg istere_d„_Office QRA Clerk (R' ing SE It wa�s�7=so recommence ,to aL Council d., the City ofd gape Comm iss i and the Fla”, with Florida S haute 189.41 I'1). Structure ofWa CRA: Chairman Randels indicated cture: WV 4l 14 PolkAvenue, Cape Canaveral, FL 32920 J Agent,David L. Greene .tary) — Angela Apperson >rize the filing of the above information with the City anaveral, the Brevard County Board of County partment of Economic Opportunity, all in accordance Motion by Boarda iter Petsos, seconded by Vice -Chairperson Walsh, for approval as recom'nded, The motion carried unanimously after a roil tali vote. 3. Consideration of the Community Redevelopment Plan and recommendation for its approval by the Cape Canape, ral City -Council, Brevard County .Board of County , .,.___.. Commissioners and all other._taxi_nq. authorities that levy ad valorem taxes on r)rooerty within the boundaries of the redevelopment area: Planning & Zoning Director Barry Brown explained the two remaining steps to establish a Community Redevelopment Agency are: 1. adoption of a Community Redevelopment Plan, which requires approval by the CRA Board and Brevard County Commission; and 2. creation of the Trust Fund. Community Redevelopment Agency Board Meeting November 13, 2012 Page 2 of 4 He indicated if accomplished, the tax base year for the Trust Fund will be 2012. Mr. Kelly Klepper, of Kimley-Horn and Associates, Inc., provided an overview of the Plan. Mayor Randels noted the many maps that are included in the Plan. Attorney Garganese stated the County reserved the right to approve the Plan, which necessitates any changes to it will be a bit more complicated, as the CRA must have the County's approval. He indicated the City will endeavor to change this requirement over the next few months. Attorney Garganese requested the following changes to the Plan: • Page 17 o After the heading insert: "The CRA anticipates exercising, without limitation, the enumerated powers set forth in the Community Redevelopment Act of 1969 to create, fund and implement an array of strategies to promote redevelopment programs and projects within the Community Redevelopment Area. The following strategies, programs and projects will provide the framework and general guidelines needed to direct future decision making of the CRA." o After Business and Development Assistance insert: "The CRA will formulate, finance and implement economic development strategies that will create projects and programs, or take full advantage of other existing and proposed government projects and programs, to stimulate the local economy by increasing job growth and employment opportunities for residents within the Cape Canaveral community. Such projects and programs may include, but shall not be limited to:" City Partnership Opportunities - When appropriate, the CRA will partner with the City of Cape Canaveral to foster business and redevelopment activities within the redevelopment area by assisting the City with implementing the City's economic and redevelopment policies and objectives including, but not limited to: the policies and objectives set forth in the City's Brownfield Area Program, Comprehensive Plan, and City Code." Page 19 o After "Catalyst Projects" insert: "The CRA will formulate, finance and implement redevelopment strategies that will serve as a catalyst for future redevelopment and business opportunities within the redevelopment area including, but not limited to:" o After "Public Improvements" insert: "The CRA will provide necessary public facilities at acceptable levels of service within the redevelopment area to accommodate existing and future needs as proposed development occurs within the redevelopment area including, but not limited to:" o After "Public Improvements" insert: "The CRA will provide necessary public facilities at acceptable levels of service within the redevelopment area to accommodate existing and future needs as proposed development occurs within the redevelopment area including, but not limited to." Community Redevelopment Agency Board Meeting November 13, 2012 Page 3 of 4 Partnerships to Improve Services and Facilities - The CRA will work with all appropriate government and private utilities to ensure the provision of adequate public and utility services and facilities within the redevelopment area including, but not limited to: transportation, electricity, telecommunications, cable television, water, stormwater, sanitary sewer, gas, parks and recreation and solid waste." o Change Parks, Recreation and Open Space to be: "Parks, Recreation, Open Space and Beautification Opportunities — The CRA will pursue adequate park and recreation facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children." • Page 21 — change "Code Enforcement" to read: "The CRA may assist the City with Code Enforcement related activities focused on property maintenance and removal of dilapidated structures in order to more effectively promote redevelopment within the Community Redevelopment Area." • Page 22 o Under "CRA Staff and Consultant Support" add "CRA Attorney," after director in the last line. o Change "Community Redevelopment Plan and Updates" to read: "from time to time, the CRA shall develop, fund and propose amendments to the CRA Plan." o Add: Interlocal Agreements When appropriate and to the extent authorized by law, the CRA will consider and may approve entering into interlocal agreements with other government agencies to exercise any and all authority permitted under the Florida Interlocal Cooperation Act of 1969 and the Community Redevelopment Act of 1969 to undertake redevelopment activities or projects within the Community Redevelopment Area. Community Policing Innovation Activities. The CRA will work with the Brevard County Sheriff and the City to reverse the perception of crime in the redevelopment area and to provide for the public health, safety, welfare and morals of the community by formulating, financing and implementing crime prevention strategies including, but not limited to: implementing neighborhood or business -based police and safety programs; supporting police athletic league programs affecting the redevelopment area; incorporating accredited safe neighborhood design techniques for all public places and for proposed public/private redevelopment projects; whenever possible, increasing the visibility of the sheriffs police force within the Community Redevelopment Area to prevent crime; and, if possible and necessary, work with the sheriff's department to institute enhanced neighborhood patrols within the Community Redevelopment Area. Community Redevelopment Agency Board Meeting November 13, 2012 Page 4 of 4 Short and Long Project Schedules. As the CRA becomes established, the aforementioned redevelopment strategies, programs and projects may be the basis for identifying and developing more precise short and long term project and program schedules which shall be implemented in accordance with the CRA Plan. Said schedules shall be adopted by the CRA by resolution and the projects and programs shall be carried out within the Community Redevelopment Area as if fully incorporated into the CRA Plan. • Page 29 o Change title from "Recommendations" to "Conclusion" o Remove first sentence of first paragraph. The goal of the A1A Action Committee to work the Florida Department of Transportation to reduce the speed limit throughout the City was discussed. Motion by Board Member Hoog, seconded by Board Member Bond, to accept the recommendations of the Board Attorney to amend the plan accordingly. A brief discussion ensued. The motion was amended to include: and to recommend approval of the amended plan to the taxing authorities and the City Council. The motion and the amendment carried unanimously. PUBLIC COMMENTS: None ADJOURNMENT: There being no further business, the Meeting adjourned at 5:33 P.M. Rocky Randels, Chairman Angela M. Apperson, MMC, CRA Recording Secretary City of Cape Canaveral Community Redevelopment Agency Board CRA Hoard Meeting Date: 9/17/2013 Item No. Subject: Resolution No. 2013-18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ("Agency"); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agency so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Pian of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date. Department: Community and Economic Development Summary: Joint Resolution No. 2013-18 authorizes a $100,000.00110 -yr. CRA loan. The document includes an interlocal agreement, agency note and an amortization schedule. The purpose of the loan is to. - 1. o:1. Initially fund the CRA so it can commence redevelopment activities, and 2. Reimburse start-up expenses incurred by the City. They include, but are not limited to: Cost of contract with Kimley-Horn and Assoc. for the Finding of Necessity, Cost of contract with Kimley-Horn and Assoc. for the Community Redevelopment Plan/CRA Programs Development, City Attorney Fees, the cost of the loan itself and miscellaneous expenses such as advertising, survey/boundary work and the like, with the first payment due on October 31, 2014 and the final payment due on October 31, 2023. Upon approval, the loan will commence at the start of the next fiscal year, October 1, 2013. The documents are set up to constitute an amendment to the CRA Plan. This is to ensure there is no question that this loan obligation is authorized by the Redevelopment Plan and, therefore, consistent with the Community Redevelopment Act. This requires the City to notice the resolution and interlocal agreement as a plan amendment to the current Redevelopment Plan. Submitting Director: Todd Morley � 1 1,4,\Date: 09/06/2013 Attachments: 1) Joint Resolution No. 2013-18, adopting the following: a) Interlocal Agreement. b) Initial Funding Agency Note "Attachment "A". c) Loan Amortization Schedule. 2) Invoices for services related to the creation of the Cape Canaveral CRA, from the following: (a) Kimley-Horn and Associates, Inc. (Consultant Services). (b) City Attorney's Office (legal). (c) FL Today (advertising). (d) Allen Engineering (survey work/boundary description) Community Redevelopment Board Meeting Date: 09/1712013 Item No. 2 Page 2 of 2 Financial Impact: $100,000 loan to initially fund the CRA from the General Fund. The City will be reimbursed by the Agency in annual equal installments amortized on a 10 year term. The first installment shall be due the City on October 31, 2014 and subsequent installments shall be due each year thereafter on October 31St until the note is paid in full. The annual interest rate will be set at 2%. Staff time and effort to prepare this Agenda item. Reviewed by Finance Director: John DeLeo Date: The CRA Director/Registered Agent recommends4hat the CRA Board take the following action(s): Recommend approval of Joint Resolution No. 2013-18 to City Council. :,9 -t -a - Approved by CRA Director/ Registered Agent: David L. Greene Date: C CRA Action: [ ] Approved as Recommended [ ] Disapproved ( ] Approved with Modifications [ ] Tabled to Time Certain Attachment 1 JOINT RESOLUTION NO. 2013-1$ A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"); PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT AUTHORIZING A LOAN .FROM THLi CITY TO THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $100,000.00, FOR PURPOSES OF INITIALLY FUNDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY SO IT CAN COMMENCE REDEVELOPMENT ACTIVITIES WITHIN THE REDEVELOPMENT AREA AND REIMBURSE THE CITY FOR CERTAIN START-UP EXPENSES INCURRED BY THE CITY TO ESTABLISH AND CREATE THE AGENCY; PROVIDING FOR THE INCORPORATION OF THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT INTO THE REDEVELOPMENT PLAN OF THE GAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, NO CONFLICTS; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, in 2012 the City created the Agency pursuant to Resolution 201216; and WHEREAS, the Agency has not received any tax increment financing because it was recently created and is uncertain as to how much, if any, tax increment financing it will receive in fiscal year 201312014; and WHEREAS, the Agency is in need of initial funding so it may commence operations as a community redevelopment agency and begin implementing the Agency's Redevelopment flan; and WHEREAS, the City desires to lend initial funding to the Agency for purposes of allowing the Agency to commence redevelopment activities in furtherance of the Agency's Redevelopment Placa; and WHEREAS, the Agency also desires to reimburse the City for certain start-up expenses that were incurred to establish the Agency including, but not limited to planning, engineering and legal fees; and WHEREAS, the Florida Attorney General has previously opined that such loans between a city and redevelopment agency complies with Florida. law. See Op. Fla. Att'y Gen. 2001-30; and City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency ,Joint Resolution No. 2013-18 Pagel of4 WHEREAS, it is necessary and proper for the Agency to borrow money to commence redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the start-up expenses incurred to create the Agency; and WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes secured by increment revenues deposited in its Redevelopment Trust Fuad, and by any other available funding received by the Agency, to repay the City any funds loaned by the City to the Agency under this Agreement; and WHEREAS, the City and Agency are desirous of entering into an interlocal agreement to provide for the loan of funds to the Agency by the City and for the repayment thereof from increment revenues deposited into the Redevelopment Trust Fund, and by any other available funding received by the Agency, or the proceeds of bonds that may be issued by the Agency in the future; and WHEREAS, the City and the Agency hereby deem the terms and conditions of the attached Interlocal Agreement to be consistent with the Agency's Redevelopment Flan and hereby fully incorporated into the Agency's Redevelopment flan in accordance with Section 163.361, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, and the governing board of the Cape Canaveral Community Redevelopment Agency, hereby find this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral and Agency's redevelopment area. NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, AS FOLLOWS. Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as findings of the City Council of Cape Canaveral and the governing board of the Agency. Section 2. Adoption of Interlocal Agreement. The Interlocal Agreement attached hereto as ATTACHMENT "I" is hereby approved by the City and the Agency and shall be deemed fully incorporated into this Joint Resolution by this reference C'Interlocal Agreement"). Section 3. Incorporation into the Agency's Redevelopment Plan. The Interlocal Agreement shall hereby be deemed fully incorporated into the Agency's Redevelopment Plan and shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the Community Redevelopment Act of 1969. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council and Agency are hereby repealed. City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency Joint Resolution No. 2013-18 Page 2 of 4 Section 5. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. No Conflict. The City and Agency hereby declare that this Resolution is mutually beneficial to each party's objectives and does not present a conflict of interest between the City and the Agency. Section 7. Effective ]Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida and the Cape Canaveral Community Redevelopment Agency. This Resolution shall not be effective or binding until approved by both the Agency and the City. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2013. ATTEST: Angela. Apperson, City Clerk Rocky Randels, Mayor Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels _ Betty Walsh City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency ]pint Resolution No. 2013-18 Page 3 of 4 ADOPTED at a Meeting of the governing board of the Cape Canaveral Community Redevelopment Agency, assembled this 17th day of September, 2013. ATTEST: Rocky Randels Chairman Angela Apperson, Recording Secretary Name FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Ran,dels Betty Walsh Approved as to form and legal sufficiency for the City and Agency only: Anthony A. Garganese, City and Agency Attorney City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency Joint Resolution No, 2013-18 Page 4 of 4 ATTACHMENT I INTERLOCAL AGREEMENT Prepared by and return to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. Post Office Box 2,973 Orlando, Florida 32802-2873 (407) 425-8566 INTERLOCAL AGREEMENT (CRA Initial Funding Loan Agreement) This Agreement entered into this 15r day of October, 2013, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation of the State of Florida ("City„), and the CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, a body politic and corporate created pursuant to Part III, Chapter 163, Florida Statutes and City of Cape Canaveral Resolution No. 2012-16 ("Agency") WITNESSETH: WHEREAS, in 2012 the City created the Agency pursuant to Resolution 2412-16; and WHEREAS, the Agency has not received any tax increment financing because it was recently created and is uncertain as to hove much, if any, tax increment financing it will receive in fiscal year 201312014; and WHEREAS, the Agency is in need of initial funding so it may commence operations as a community redevelopment agency and begin implementing the Agency's Redevelopment Plan; and Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA. Initial Funding Loan Agreement Page I of 24 WHEREAS, the Agency also desires to reimburse the City for certain start-up expenses that were incurred to establish the Agency including, but not limited to planning, engineering and legal fees; and WHEREAS, the City desires to contribute initial fimding to the Agency for purposes of allowing the Agency to commence redevelopment activities in furtherance of the Agency's Redevelopment flan and to allow the Agency to reimburse the start-up expenses over the loan period set forth herein; and WHEREAS, it is necessary and proper for the Agency to borrow money to commence redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the start-up expenses incurred to create the Agency; and WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes secured by increment revenues deposited in its Redevelopment Trust Fund, and by any other available finding received by the Agency, to repay the City any funds loaned by the City to the Agency under this Agreement and to reimburse the City for the start-up expenses; and WHEREAS, the City and Agency are desirous of entering into an interlocal agreement to provide for the loan of fonds to the Agency by the City and for the repayment thereof from increment revenues deposited into the Redevelopment Trust Fund, and by any other available funding received by the Agency, or the proceeds of bonds that may be issued by the Agency in the future; and WHEREAS, by entering into this Agreement, it is the Agency's intent to pledge available funding received by the Agency to repay the loan granted by the City and the start-up Interlocal agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 2 of 24 expenses under the terms and conditions of an Agency Note and this Agreement until the loan is paid in full; and WHEREAS, the City is willing to loan funds to the Agency for public and redevelopment purposes identified in this Agreement; and WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes secured by increment revenues deposited in its Redevelopment Trust Fund, and all ether funding sources, to repay the City any funds loaned by the City to the Agency for the redevelopment activities covered by this Agreement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: SECTION 1. RECITALS; AUTHORITY. The foregoing recitals are true and correct and hereby incorporated herein by this reference. This Agreement is entered into pursuant to the authority of Section 163.01, Florida Statutes, and Part III, Chapter 163, Florida Statutes, particularly including Section 163.400, Florida Statutes. SECTION 2. CONSISTENCY AND INCORPORATION INTO THE REDEVELOPMENT PLAN. The City and the Agency hereby agree that this Agreement is consistent with the Agency's Redevelopment Plan and is also hereby fully incorporated into the Agency's Redevelopment Plan by this reference. SECTION 3. DEFINITIONS. (a) As used in this Agreement, the following terms shall have the following meanings: Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 3 of 24 (1) "Act" means the actions by the governing body of the Agency and the City Council creating the Agency and authoring this Interlocal Agreement, Section 163.01, Florida Statutes, as amended, Part III, Chapter 163, Florida Statutes, and other applicable provisions of law. (2) "Agency" means the Cape Canaveral Community Redevelopment Agency Florida, and any successor thereto. (3) "Agency Bonds" means the bonds that may be issued by the Agency which may be adopted by the governing body of the Agency, and authorized and approved by the City Council pursuant to Section 1153.35$(3) and 163.385(1), Florida Statutes, to repay the Agency Notes. (4) "Agency Notes" or "Notes" means, collectively, the Agency's one or more Redevelopment Revenue Notes, dated the date of delivery thereof, issued in the original principal amount of up to One Hundred Thousand and N01100 Dollars ($100,000.00) for Redevelopment Activities authorized pursuant to the Redevelopment Plan and Start-up Expenses, or such lesser amount as may have been advanced by the City to the Agency as provided in this Agreement, and such amount as may be outstanding from time to time, for the purpose of providing funds to the Agency to pay costs incurred by the Agency in connection with the Redevelopment Activities and Start-up Expenses. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA martial Funding Loan Agreement Page 4 of 24 (5) "Asea" or "Redevelopment Area" means the Agency's jurisdictional area of operation which is legally described and set forth in City Resolution 2012-16, as may be amended. (6) "City" means the City of Cape Canaveral, Florida, a Florida municipal corporation. (7) "City Council" means the elected governing body of the City. (8) "Fiscal Year" means the period commencing on October 1 of each year and continuing to and including the succeeding September 30. (9) "Governing Body" means the governing board of the Agency, or any successor board, commission or council thereto. (10) „Holder," "Note Holder," "Registered Holder," or "Registered Owner" means the registered owner or owners (or its or their authored representative) of any of the Notes. (11) "Increment Revenues" means any monies deposited in the Redevelopment Trust Fund pursuant to Section 163.357, Florida Statutes, plus any investment earnings thereof. (12) "Investment Obligations" means any obligations in which surplus fonds of local units of government may be invested under the Investment of Local Government Surplus Funds Act, Part IV, Chapter 218, Florida Statutes, as amended. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Fannding Loan Agreement Page 5 of 24 (13) "Plan" means the Redevelopment Plan adopted by the Agency and. the City Council pursuant to the Act for redevelopment in the area of operation of the Agency. (14) "Redevelopment Activities" shall mean those activities falling within the definitions of "community redevelopment," =` redevelopment," "related activities," and "community policing innovation" as those terms are defined in section 163.340, Florida Statutes, and authorized by the Plan . (15) "Start-up Expenses" shall mean out-of-pocket expenses which were necessarily incurred by the City for purposes of creating and establishing the Agency including, but not limited to, planning, engineering, and legal expenses that were incurred to prepare this Agreement, resolutions, ordinances, studies, maps, reports, and pians. (16) "Purchase Price" means the amount paid by the City to the Agency inclusive of the Start-up Expenses and the amount deposited in the CRA Project Account which shall be equal to the par amount of the Agency Note being purchased at that time by the City for the Redevelopment Activities provided in this Agreement. (17) "CRA Project Account" means the Agency's CRA Project Account, which is internally created by the City to track the loan funds for auditing purposes. Said account is specifically created pursuant to Section 12 hereof, in which the Interlocal Agreement City of Cape Canaveral - Cape Canaveral Cormunity Redevelopment Agency CRA Initial Funding Loan Agreement Page 6 of 24 proceeds loaned by the City to the Agency for the Redevelopment Activities shall be deposited. (18) "Redevelopment Trust Fund" means the redevelopment trust fund of the Agency created and established pursuant to the Act in which Increment Revenues are deposited. (b) Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms, corporations or other entities, including governments or governmental bodies. References to Florida Statutes are to Florida Statutes (2012), as amended. SECTION 4. FINDINGS AND DETERMINATIONS. (a) The parties hereto recognize and find that it is in the best interest of each and the public to establish an additional cooperative relationship between the parties hereto in order to best cant' out the purposes of the Act, specifically including the Redevelopment Activities, and operating activities related to redevelopment of the Area on a timely and expeditious basis. The parties hereto do further find that the Agency does not presently have sufficient available funds to carry out its activities under the Act because the Agency was recently created by the City, and it is necessary that the City make a loan or loans to the Agency from time to time in order to provide funds to the Agency to carry out its duties and responsibilities under the Act. See Op. Fla_ Att'y Gen. 2001-30. Further, the parties recognize and find that the Agency's reimbursement of Start-up Expenses to the City is in the best interests of each and the public and a necessary expense that was required to establish and create the Agency. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 7 of 24 (b) It is hereby ascertained, determined and declared by the Governing Body of the Agency, that: (1) It is in the best interests of the citizens of the City and is contemplated by the Act and the Agency's Redevelopment Plan that the Agency undertake certain actions in order to fi ffier the redevelopment of its Area of operation within the corporate limits of the City through the implementation of the Plan by engaging in Redevelopment Activities. (2) The Agency is authorized under the Act to issue the Agency Notes and use the proceed thereof to pay all or a portion of the costs of establishing and creating the Agency and implementing the Plan, and administering and operating the Agency_ (3) The Agency Notes will be paid from all available funding sources available to the Agency including, but not limited to, Increment Revenues, grants, and any Agency Bonds that may be issued by the Agency if financially feasible, and the Agency is authorized under the Act to issue the Agency Notes without a vote of the electors residing within the area of operation of the Agency or within the City or any part thereof. (4) A negotiated sale of the Agency Notes to the City is required and necessary and is in the best interests of the Agency for the following reasons: the costs of issuance of the Agency Notes are likely to be greater and the time until issuance longer if the Agency Notes are sold at public sale by competitive bid Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 8 of 24 than if the Agency Notes are sold at negotiated sale, and there is "no basis, considering prevailing market conditions, for any expectation that the terms and conditions of a sale of the Agency Notes at public sale by competitive bid would be more favorable than at negotiated sate; short terra obligations having the characteristics of the Agency Notes are typically sold at negotiated sale under prevailing market conditions; the market conditions are favorable for the immediate issuance of the Agency Notes to the City; and the Agency has undertaken substantial negotiations with the City regarding the purchase of the Agency Notes by the City, and has received a favorable commitment for the purchase of the Agency Notes. SECTION S. AUTHORMATTON. The parties acknowledge and agree the Agency has been authorized to proceed with the implementation of the Plan, and the issuance of the Agency Notes to pay the costs thereof is hereby authorized and approved as required by Section 1.63.358(3) and Section 163.385(1), Florida Statutes. SECTION S. PAYMENT OF PURCHASE PRICE. On October 1, 2013, the City shall make the requested payment of the Purchase Price to the Agency by depositing farads in the amount of said Purchase Price into the CRA Project Account (as created pursuant to Section 12). Further, no later than such time, the Agency agrees to execute an Agency Note evidencing the Agency's obligation to repay the City the Purchase Price. Simultaneously with the delivery of any Agency Note for the Redevelopment Activities and reimbursement of the Stars: -up Expenses, as provided in Section 12 below, the City shall pay to the Agency an amount equal to the Interlocal Agreement City of Gape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 9 of 24 Purchase Price, not to exceed One Hundred Thousand and No/100 DoUars ($140,000.00) which shall be deposited in the CRA. Project Account herein created and established in Section 12 hereof. SECTION 7. DESCRIPTION OF NOTE. (a) The Agency Notes shall be issued in one or a series of separate notes not to exceed a cumulative total of One Hundred Thousand and No/100 Dollars ($100,000,00), for the purpose of financing all or part of the Redevelopment Activities undertaken by the Agency within the Agency's Redevelopment Area and reimbursement of Start-up Expenses, and for no other purpose. Each of the Agency Notes shall be designated by the following applicable title, Cape Canaveral Community Redevelopment Agency, Initial Funding Revenue Note, and shall be issued in the name of and delivered to the City, and have a term of ten (10) years. (b) Interest on the outstanding principal balance of each of the Initial Funding Agency Notes shall be equal to two percent (2%) per annum. °(c) The offer of the City to purchase the Agency Notes set forth above in the principal amounts stated or such lesser principal amounts as may be paid to the Agency by the City from time to time as provided herein, at a purchase price of par in accordance with the terms and conditions as set forth herein, is hereby accepted and the Agency Notes are hereby awarded and sold to the City upon the terms set forth herein.. Payment of the purchase price of the "Cape Canaveral Community Redevelopment Agency, Initial Funding Revenue Note" shall be made in the form of one or more payments to the Agency of funds which shall be deposited in the CRA Project Account as provided herein. The Chairman and the Recording Secretary of the Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Doan Agreement Page 10 of 24 Agency are hereby authorized to execute the Agency Notes as further provided in this Agreement in such principal amount and deliver the applicable Agency Note in the name of or upon the order of the City upon payment of the principal amount thereof by the City to the Agency. (d) If the date for payment of the principal of, and interest on, any of the Agency Notes shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such institutions are authorized to close, and payment on such date, which shall include accrued interest to such date, shall have the same force and effect as if made on the scheduled date of payment. (e) Principal due on each of the Agency Notes is payable to the City upon presentation of the .Agency Note to the Agency when due at the offices of the Agency, or such other location within the City as may be designated by the Agency and reasonable notice thereof given to the City. (f) So long as any portion of the principal amount of any of the Agency Notes or interest thereon remains unpaid: (1) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of payment or causes a reduction in yield to the City with -respect to the principal or interest payable pursuant to the Agency Note, including without limitation the imposition of any excise tax or surcharge thereon, or (2) if as a result of action by any public body or governmental agency, any Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 11 of 24 payment is required to be made by, or any federal, state or local income tax deduction is denied the City by reason of the ownership of, borrowing money to invest in, or receiving principal or interest on the Agency Note, the Agency shall reimburse the City within thirty (30) days after receipt by the Agency of written demand for such payment and shall indemnify the City against any loss, cost, charge or expense with respect to such charge. (g) In the event it shall be necessary for the City to pay any documentary excise tax levied or imposed upon any of the Agency Notes pursuant to Chapter 201, Florida Statutes, then. the Agency shall be required under the provisions of this Agreement to pay or indemnify the City for the payment of such tax, provided the City shall have delivered to the Agency a notice stating that as a consequence of final action by an appropriate governmental authority, it shall have been determined that the City is obligated to pay such documentary excise tax on the Agency Note and requesting reimbursement from the Agency of the amount paid. The City shall give the Agency notice of any proceedings, either administrative or judicial, or both, which may result in a determination of the City's obligation to pay such tax, and nothing herein shall prohibit the Agency from participating in such proceedings to the extent allowable by applicable lava, rule, policy, or ruling. For the purpose of this subsection, the term "final action" shall mean either (i) action taken by the Florida Department of Revenue or other appropriate governmental official or agency which cannot be appealed administratively or in a court of competent jurisdiction, or, if any such action is appealable, in the opinion of counsel to the City (which opinion is acceptable to the Agency), such. appeal would likely not be successful; or (ii) action by any court of Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 12 of 24 competent jurisdiction as to which the time to appeal has expired or as to which an appeal has been denied or dismissed without further right of appeal. SECTION 8. EXECUTION OF NOTE. Each of the Agency Notes shall be signed and executed in the name of the Agency as set forth in the form of the note attached hereto as EXtHBIT "A"" The signatures of the Chairman or other officers of the Agency authorized to sign the Agency Note shall be manual. The seat (if any) of the Agency shall be impressed, imprinted, reproduced or lithographed on each of the Agency Notes. Each of the Agency Notes shall be validly executed when signed by the persons who shall respectively hold the appropriate offices at the time of execution and attestation, without regard to who held the office on the effective date of this Agreement, the date of that Agency Note or who held that office at the time of the delivery of that Agency Note. SECTION 9. PREPAYMENT. Each of the Agency Notes shall be subject to prepayment, in whole, or in part, at the option of the Agency, on any date prior to its maturity, without premium or penalty. Notice shall be given to the City at least five (5) days prior to the date for such prepayment. SECTION 10. NOTE MUTII.ATED DESTROYED STOLEN OR LOST. (a) If any of the Agency Notes is mutilated, destroyed, stolen or lost, the Agency may, in its discretion either deliver a duplicate replacement Agency Note or pay the Agency Note together with accrued interest. My mutilated Agency Note shall be surrendered to and canceled by the Agency. Literlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding loan Agreement Page 13 of 24 (b) Any such duplicate Agency Note shall constitute an original contractual obligation on the part of the Agency whether or not the destroyed, stolen, or lost Agency Note be at any time found by anyone, and such duplicate Note shall be entitled to the same benefits and rights as to lien on, and source of and security for payment from, the revenues and other funds pledged herein as the mutilated, destroyed, stolen or lost Agency Note was entitled. SECTION I L FORD OF NOTE. Each of the Agency Notes shall be substantially in the form of the note attached hereto as EXHIBIT "A" (with such variations, omissions and insertions, due to differences in denominations and other provisions, as may be required or permitted by this Agreement or any amendment hereto), SECTION 12. REIMBURSEMENT OF START-UP EXPENSES; CRA PROJECT ACCOUNT. (a) On October 1, 2013, the City is hereby authorized to internally transfer $100,000.00 of the Purchase Price, less Start-up Expenses, to a separate internal fund or account hereby designated as the Cape Canaveral Community Redevelopment Agency, "CRA Project Account," which is hereby created and established. Said internal fund or account shall be maintained by the City. The funds on deposit therein shall be withdrawn, used and applied by the Agency solely for the Redevelopment Activities and reimbursement of the Start-up Expenses authorized by this Agreement, and for purposes incidental thereto or for repayment of any of the Agency Notes. (b) The funds in the CRA Project Account that, in the opinion of the Agency and the City, are not immediately necessary to expend for Redevelopment Activities and reimbursement Interlocal Agreement City of Cape Canaveral _ Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 14 of 24 of the Start-up Expenses, as hereinabove provided, may be invested and reinvested in Investment Obligations which shall mature or be redeemable at the option of the Agency at face value not later than the dates on which such funds are needed. All income derived from investment of funds in the CRA Project Account shall be deposited therein and shall be used to pay costs of Redevelopment Activities and the administration and operation of the Agency or to repay principal of and any interest on the Agency Notes. (d) Funds in the CRA Project Account shall be secured at all times in the manner prescribed by the laws of the State of Florida relating to the securing of public funds. (e) Upon expiration of the term of this Agreement and Agency Note, any amounts then remaining in the CRA Project Account and not reserved by the Agency for the payment of any remaining costs incurred and for which the Agency is obligated to pay, shall be used to reduce the outstanding principal amount of the Agency Notes. SECTION 13. COVENANTS OF THE AGENCY. Until the principal of and interest on all of the Agency Notes has been paid in full, the Agency covenants with: the City as follows: (a) Punctual Payment. The Agency covenants and agrees with the City that it will punctually pay or cause to be paid the principal and interest of each of the Agency Notes, in conformity with the terms of the Agency Note and this Agreement and that it will be unconditionally and irrevocably obligated, so long as any of the Agency Notes are outstanding and unpaid, to take all lawful action necessary or required during each Fiscal Year to make any Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Fu ding Loan Agreement Page 15 of 24 and all payments of principal of and interest on each of the Agency Notes as such become due and payable. (b) Pledge of Certain Proceeds and Revenues_ The payment of the principal of and interest on each of the Agency Notes issued hereunder shall be secured by a lien on and pledge of, and the Agency does hereby irrevocably pledge to the payment of each of the Agency Notes and the interest thereon: (i) the undistributed proceeds of the Agency Notes and the investment earnings thereon in the CRA Project Account that have not been incurred or used to pay costs of the implementation of the Plan and administration and operation of the Agency, (ii) Increment Revenues; (iii) all other revenue and funding sources available and received by the Agency at any given time, and (iv) the proceeds from any Agency Bonds that may be issued by the Agency with the City's approval to repay the Agency Notes. (c) Agency Notes Not General Obligation of the Ag nc The Agency Notes and the obligations evidenced thereby shall not be deemed to constitute a general obligation of the Agency or the City or a debt, liability or obligation of the Agency, the City, the State of Florida or any political subdivision thereof or a pledge of the faith and credit of the Agency, the City, the State of Florida or any political subdivision thereof. Neither the Agency, the City, the State of Florida or any political subdivision thereof, shall be directly, indirectly or contingently obligated to levy or to pledge any form of ad valorem taxation whatsoever for the payment of any of the Agency Notes or make any appropriation therefrom for its payment. (d) Investment of Funds. All income on investments of funds in the CRA Project Account shall be retained therein and used for the purposes specified for such account. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 16 of 24 (e) Compliance with Laws and Regulations. The Agency covenants and agrees to perform and comply in every respect material. to the security of each of the Agency Notes with all applicable laws, rules and regulations relating to the preparation and implementation of the Plan and the performance of the Agency's covenants and obligations hereunder. (f) Trust Funds. As provided by Section 159.11, Florida Statutes, and this Agreement, all accounts created herein shall constitute trust funds to secure the payment of the Agency Notes and for the purposes herein provided, shall be established with and held by such officer, board or person as may be designated by the Agency, and used only for the purposes as set forth herein. SECTION 14. PAYMENT OF AGENCY NOTES, The Agency covenants and agrees with. the City to pay when due and payable the full principal amount of each of the Agency Notes, plus any accrued interest, to the City from. Increment Revenues in the Redevelopment Trust Fund, all other revenue and funding sources available and received by the Agency at any given time, proceeds from any Agency Bonds issued to repay the Agency Notes, or funds in the CRA Project Account. To secure the payment of each of the Agency Notes, the Agency does hereby pledge and grant to the City a lieu upon the Increment Revenues deposited in the Redevelopment Trust Fund, all other revenue and funding sources available and received by the Agency at any given time, the net proceeds from any such Agency Bonds and the funds in the CRA Project Account. The Agency further covenants and agrees that it will not permit any lien or encumbrance on the farads - in the Redevelopment Trust Fund, or funds from any other Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 17 of 24 revenue and funding sources available and received by the Agency at any given time, superior to or on a parity with the lien created by this Agreement without prior approval by the City. SECTION 15. REDEVELOPMENT TRUST FUND- DEPOSIT OF INCREMENT REVENUES. (a) The City covenants and agrees that so long as all prerequisites under the Act for doing so have been satisfied, it will take such action as is necessary to create and continue in existence the Redevelopment Trust Fund and cause the deposit therein of Increment Revenues. (b) The Agency covenants and agrees that upon creation of the Redevelopment Trust Fund it will take all such actions as are necessary to collect and cause to be deposited in the Redevelopment Trust Fund all. incremental Revenues and will retain all funds in the Redevelopment Trust Fund. (c) The Agency covenants and agrees, so long as any of the Agency Notes remain outstanding, to promptly deposit increment Revenues in the Redevelopment Trust Fund as such revenues are received from each "taxing authority" or become available to the Agency for the purpose of being deposited into the Redevelopment Trust Fund. (d) The Agency covenants and agrees, so long as any of the Agency Notes remain outstanding, to promptly pay to the City any funds received by the Agency from: any other revenue and funding sources available at any given time that are not required to fund normal operating expenditures of the Agency. SECTION 16. REMEDIES:. NO GENERAL OBLIGATION. In the event the Agency should fail to perform any promise, covenant or condition contained herein., the City Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 18 of 24 shall be entitled to seek any remedy then available to it under applicable law and may proceed to obtain equitable relief, including injunctive relief, from any court of competent jurisdiction. The parties hereto recognize and acknowledge that the only sources of payment to the City of the Agency Motes are from funds in the CRA )Project Account, Increment Revenues deposited in the Redevelopment Trust Fund, funds from any other revenue and funding sources available and received by the Agency at any given time, and the proceeds from any Agency Bonds issued to repay the Agency Notes, and the obligation evidenced here is not a general obligation or a pledge of the full faith and credit of the Agency or any other governmental entity or political subdivision of the State of Florida, under any applicable statutory or constitutional provision. SECUON 17. FURTHER DOCUMENTS. The parties hereby agree to execute such agreements, instruments, certificates, or other documents (including an Agency Note substantially in the :form attached hereto as EXHIBIT"A") as may be necessary to cause payment of each Purchase price to be timely made, each Agency Note issued, proceeds therefrom deposited in the CRA Project Account, and such other purposes as may be necessary under this Agreement. SECTION 18. REPRESENTATIONS AND WARRANTIES. (a) The Agency does hereby represent and warrant to the City that it has all requisite power, authority and authorization to enter into this Agreement and issue each of the Agency Notes, has taken, or will take in the near future, all necessary actions required to enter into this Agreement and issue each of the Agency Notes, make any payment contemplated hereby, and to Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 19 of 24 fulfill any and all of its obligations, duties and responsibilities for or required of it by this Agreement, for their exercise individually or collectively. (b) The City does hereby represent and warrant to the Agency that it has all requisite power, authority, and authorization to enter into this Agreement, has taken, or will take in the near future, all necessary actions required to enter into this Agreement, pay each of the purchase Price, accept and hold the Agency Notes and to fulfill any and all of its obligations, duties and responsibilities for or required of it by this Agreement, whether exercised individually or collectively. (c) The City does hereby represent and warrant to the Agency that it does not intend to sell, convey, assign, or give any of the Agency Notes to any other person and intends to hold all Agency Notes until maturity. SECTION 19. AMENDMENTS. This Agreement may be amended only by the mutual written agreement of the City and the Agency at any time and from time to time. SECTION 20. THIS AGREEMENT CONSTITUTES A CONTRACT. In consideration of the acceptance of their mutual duties, obligations, and responsibilities hereunder, this Agreement shall be deemed to be and shall constitute a contract between the City and the Agency. SECTION 21. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provisions of law or contrary to any policy or express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 20 of 24 provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement. SECTION 22. CONTROLLYNG. LAW. All covenants, stipulations, obligations, and agreements of the City and the Agency contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the City and Agency, respectively, to the full extent authorized by the Act and provided by the Constitution or the laves of the State of Florida. Any and all provisions of this Agreement and any proceedings seeking to enforce or challenge any provisions of this Agreement shall be governed by the laves of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Brevard County, Florida. SECTION 23. NO MEMBER_LIABILITY. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the Agency in its, his or their individual capacity, and neither the members of the City Council or the Governing Body of the Agency, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the City or the Agency of this Agreement or any act pertaining thereto. SECTION 24. FILING OF AGREEMENT ONLY; AGENCY NOTES MAINTAINED ON FILE. (a) The Clerk of the City is hereby authorized and directed after approval of this Agreement by the City Council and the Governing Body of the Agency and the execution thereof by the duly qualified and authorized officers of each of the parties hereto, to file this Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 21 of 24 Agreement with the Clerk of the Circuit Court of Brevard County, Florida, in accordance with. Section 163.01 (11), Florida Statutes. (b) Any original Agency Notes executed in furtherance of this Agreement shall be maintained on file at Cape Canaveral City Hall for safekeeping. The Agency Note(s) shall not be recorded. SECTION 25. ASSIGNMENT. Neither party to this Agreement may assign, sell, transfer, convey, or give any or all of its rights, duties, obligations, and responsibilities under this Agreement, specifically including the City holding any of the Agency Notes, without the prior written approval and consent of the other party. SECTION 26. VALIDATION. If determined by the City Council to be necessary, the Agency consents to, and shall cooperate with, the City Attorney initiating and undertaking proceedings under Chapter 75, Florida Statutes, to validate the Agency's obligations created and established by and pursuant to this Agreement, including the Agency Notes. SECTION 27. EXPIRATION DATE. Unless extended by mutual agreement of the City and the Agency by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire at such time as the principal and accrued interest on all of the Agency Notes is paid by the Agency or when the Agency sunsets as a legal entity, whichever occurs first. SECTION 28.�'E TIVE DATE. This Agreement shall become effective on October 1, 2013 upon the execution by the appropriate Officers of the City and the Agency, and upon filing this Agreement with the Clerk of the Circuit Court of Brevard County, Florida, as required by Section 163.01(11), Florida Statutes. Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 22 of 24 IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and the year first above written. CITY OF CAPE CANAVERAL, FLORIDA. ATTEST (SEAL): Angela Apperson, City Clerk Rocky Randels, Mayor STATE OF FLORIDA COUNTY OF BRRVARU I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Rocky Randels, Mayor of the City of Cape Canaveral, Florida, ❑ to me known personally or © who produced T_ as identification., to be the person described in, and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did -not swear an oath.. (Notary Seal) NOTARY PUBLIC My Commission Expires: Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 23 of 24 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ATTEST: By: Angela Apperson Rocky Randels, Dai person Recording Secretary STATE OF FLORIDA COUNTY OF BRREVVAR.D I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Rocky Randels, Chairperson of Cape Canaveral Community Redevelopment Agency, ❑ to rise known personally or 0 who produced as identification, to be the person described in and who exerted the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. (Notary Seal) NOTARY PUBLIC My Commission Expires: Interlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 24 of 24 Exhibit "A" $100,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF BREVARD CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY INITIAL FUNDING REVENUE NOTE KNOW ALL MEN BY THESE PRESENTS, that the Cape Canaveral Community Redevelopment Agency, Florida hereinafter called the "Agency„), a Florida public body corporate and politic, created and existing under and by the virtue of the laws of the State of Florida, for the value received, hereby promises to pay to the City of Cape Canaveral, Florida (hereinafter called the "City") or to registered assigns or legal representatives thereof (Collectively, the "Registered Owner"), on the 1ST day of October, 2013, unless prepaid prior thereto as hereinafter provided, but solely from the finds hereinafter mentioned, the principal sura of ONE HUNDRED THOUSAND AND NO1100 DOLLARS as of the date of maturity hereof and to pay interest on the outstanding principal sum hereof from the date hereof; as provided in the Agreement, until this Note is fully -paid at an annual interest rate equal to TWO PERCENT (2%) per annum to be used for any Redevelopment Activities and reimbursement of Start -Up Expenses identified in that certain interlocal Agreement between the City and the Agency, dated October 1, 2013 ("Agreement"), and Joint Resolution No. 2013-18, adopted September 17, 2013 by the City and Agency ("Joint Resolution") (computed on the basis of a year containing 365 days). In no event, however, shall interest be charged in an amount in excess of the maximum interest rate permitted to be paid by applicable law. It is understood and agreed to by the Agency that repayment of this Note will be in annual equal installments amortized on a ten (10) year terra. The first installment shall be due the City on October 31, 2014 and subsequent instalhnents shall be due each year thereafter on October 31' until the Note is paid in full. The intent and purpose of this Note is to require repayment no later than the expiration of the ten year term. Principal and Interest on the outstanding principal balance of this Note shall be payable in equal installments, being due during the course of each fiscal year of the City and Agency at the time stated above, unless the Agency chooses to prepay the Note. Upon execution of this Note by the Agency, it is the Agency's intent to irrevocably pledge all future taxincrement revenues, grants, or Initial Funding Revenue Note Page 1 of 3 any other available funding source received by the Agency to repay the outstanding principal and interest balance of this Note until such time it is repaid in full, excluding annual increment revenues that are reasonably necessary and budgeted to cover the Agency's annual operational expenses. Principal and interest due on this Mote are payable to the Registered Owner in immediately available funds upon presentation when due at the offices of the Agency in the City of Cape Canaveral, Florida. This Note will be subject to prepayment, in whole or in part, at the option of the Agency on any date prior to its maturity, without permission or penalty. Notice of such prepayment shall be given in the manner required by the Agreement, as hereinafter defined. This Note is issued to finance the Redevelopment Activities and reimburse the City for Start - Up Expenses identified in that certain Interlocal Agreement between the City and the Agency, dated October 1, 2013 ("Agreement), and pursuant to the authority of and in fall compliance with the Constitution and laws of the State of Florida, including particularly Part III, Chapter 163, Florida Statutes (2012) as amended, and actions by the Agency and the City Council of the City of Cape Canaveral, Florida, authorizing this Note. This Note is subject to all terms and conditions of Agreement and capitalized terms not otherwise defined herein shall have the same meanings as ascribed to them in the Agreement. The payment of the principal of and interest on this Note is secured by a Tien on and pledge of, and the Agency does hereby irrevocably pledge to the payment of this Note and the interest thereon, (i) revenues received by the Agency and deposited in the Redevelopment Trust Fund of the Agency pursuant to Section 163.387, Florida Statutes, as amended ("Increment Revenues"); (ii) bands issued by the Agency and secured by the Increment Revenues (the "Agency B onds"); and (iii) any other legally available funds of the Agency including, but not limited to, grants, fees, and other revenues. Reference is made to the Agreement for the provisions, among others, relating to the terms, lien and security for this Note, the rights, duties and obligations, to all of which provisions the Registered Owner hereof assents by acceptance hereof. This Note and the obligations evidenced hereby, when delivered by the Agency pursuant to the terms and conditions of the Agreement and Joint Resolution, shall not be or constitute an indebtedness of the Agency, City or State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the designated revenues, as provided in the Agreement and the Resolution. No holder of this Note shall have the right to compel the exercise of the ad valorem taxing power of the City or the State, or taxation in any form of any property therein to pay this Note or the interest thereon. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Note exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of Initial Funding Revenue Note Page 2 of 3 the State of Florida applicable hereto, and that the issuance of this Note does not violate any constitutional or statutory limitation or provision. IN WITNESS WHEREOF, the Cape Canaveral Community Redevelopment Agency, Florida, has issued this Note and has caused the sante to be .manually signed by the Chairman, and attested and countersigned by the Recording Secretary, and its corporate seal or a facsimile thereof to be affixed, impressed, lithographed or reproduced hereon, all as of the 1 st day of October, 2013. CAFE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ATTEST: By: By: Angela Apperson Rocky Randels, Chairperson Recording Secretary Tnitia! Funding Revenae Note Page 3 of 3 Loan AmodUcrHon Schedule Enter values Loan amount Annual Interest rote Loan period in years Number of payrmnts per Year Start date of loan Optional extra payments $.. 100,000.00. :::.::' .: 2.00 W 0. 8,865.99 $ > "... 1011 12013 91,034.01 $ Lender name Loan summa Scheduled payment Scheduled numberof payments Actual nunmberof payments Total early payments Total hieresi $ . 11,132,65 - .... > ..:: 10 ' ,: 14 8,865.99 $ 2,166.67 $ Prot Beginning Scheduled Erdro Ending Cun AotlVe No. Payment [tate Balance Payment Payment Total Payment PAnc" interest Balance Irdereaf 1 1013112014 $ 100.000.00 $ 11,132.65 $ - $ 11,132.65 $ 8,865.99 $ 2,166.67 $ 91,034.01 $ 2,166.67 2 10/31MIS 91,034.01 11,13265 - 11,132.65 8,311.07 9,820.68 81,722.04 3,987.35 3 40/3912016 81,722.04 11,132.65 - 11,132.65 9,498.21 1,634.44 72,223.83 5,621.79 4 1018112017 72,223.83 11,13265 - 11,132.65 8,688.18 1,444.48 62,535.65 7,066.26 5 10/3112D18 62,535.65 11,132.65 - 11,13165 9,881.94 1,250.71 52,653.71 8,316.98 6 1013112019 52,653.71 11,132.65 - 11,132.65 10,079.58 1,053.07 42,574.13 9,370.05 7 10131/2020 42,574.13 11,132.65 - 1.1,132.65 10,281.17 651.48 32,292.9E 10,221.53 8 1D13112021 32,292.96 11,132.65 - 11,13265 10,486.79 645.86 21,806.17 10,867.39 9 1013112022 21,806.17 11,132.65 - 11,132.65 10,696.53 436.12 11,109.64 11,303.52 10 10/3112023 11,109.64 11.132.65 - 11,109.64 10,887.43 222.19 0.00 11,525.71 Attachment 2 Invoices for Services related to the creation of the Cape Canaveral CRA Kimley-Horn Total Paid $60,773.25 City Attorney Total Paid $ 5,961.25 Florida Today Total Paid $ 189.77 Alleva Engineering Total Paid $ 2,955.00 Grand Total $69,879.27 W64 July 12, 2013 Compilation of invoices paid to Kimle -Horn for CRA related services Date of Invoice Invoice Number Amount of Invoice Jul 31, 2011 4500983 $ 5,302.22 Aug 31, 2011 4567658 $ 6,700.99 Sep 30, 2011 4598584 $ 4,662.99 Feb 29, 2011 4734159 $ 1,063.80 Jun 30, 2013 4830275 $ 3,900.00 Aug 31, 2012 4868504 $20,175.00 Sep 30, 2012 4944707 $16,947.00 Oct 31, 2012 4976105 $ 5,290.00 Apr 18, 2013 5131543 $ 2,766.25 May 24, 2013 5156742 $ 2,75250 Jun 23, 2013 5203339 $1,212.50 Total paid to date: $ 60,773.25 wim i<imiay-i-i4rn OhJmll and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 GAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-088561.5 LUMP SUM Invoice No: 4500983 Invoice Date: 31, 0'l Invoice Amount: $5,302.22 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA Client Reference: PO #4540 For Services Rendered through Jul 31, 2011 % Amount Earned Description Contract Value Complete to Date Previous Amount Billed Current Amount Due CR 4:= FIiVD�NG OF WECESSM 17,730.00 29.91% 5,302.22 0,00 5,302.22 Subtotal 17,730.00 29.910/6 5,302.22 0.00 5,302.22 Total LUMP SUNT 5,302.22 Total Invoice:.5fl ski ,f , D BY { 1. /i� UL i. o�Iyg��r l Afyon have questions or CanCerns regarding this Invoice, please call Heather Dodson at 551-840-0251 MMD NPIM Klmley Horn and Associates, Inc, CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32926 Please send payments to: KIMLEY-BORN AND ASSOCIATES, INC. P.O. BOX 532520 ATLANTA, GA 31143-2520 Federal Tax Id: 56-0865615 LUMP SUM Invoice No: 4567658 Invoice Date: Aug 31, 2011 Invoice Amount: $6,700.99 Project Na; 147244000.1 Project Name: CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA Client Reference: PO #4540 For Services Rendered through Aug 31, 2011 Description t Contract Value Amount Earned E Previous Amount 1 Current Amount Complete • to Date billed Due CRA —FINDING OF NECESSITY 17,730.00 67.7010 12,003.21 5,302,221 6,700.99 E Subtotail 17,730.00 i 67.70%'; 12,003.21 5,302,22 6,700.99 Total LUMP sum L 6,700.99 Total Invoice:. $6,700.99 If you have questions or concerns regardlnq this invoice, please tall Heather Dodson at 551440-0251 32Wn Kimley-Horn and Associates, Inc. Pilose send;payments fo: KIMLEY-HORN AND ASSOCIATES; INC. P_O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 LUMP SUM Client Reference: PO #4.640 For Services Rendered through Sep 30, 2011 Description Contract Value r,'r-EIVED By Amount Earned Previous Amount Current Amou a to Date Billed Due 'Co =4406 NG'©t- �ECESSITY 17,730,00 94.00% 1fi G6fi.20 - _ 12,003.21 4,562.99 Subtotal 17,730.00 94.00°In 1.6,fi66.20 12,003.21 4,662.99 Total LUMP SUM 4,562.99 _ CITY OF CAPE CANAVERAL Invoice No: 4598584 A'ITN: BARRY BROWN Invoice Date: 5ep-3�, 7510 N. ATLANTIC AVE Invoice Amount: $4,652.99 PO BOX 326 CAPE CANAVERAL, FL 32920 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSM Project Manager: FRAZIER, LISA Pilose send;payments fo: KIMLEY-HORN AND ASSOCIATES; INC. P_O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 LUMP SUM Client Reference: PO #4.640 For Services Rendered through Sep 30, 2011 Description Contract Value % Complete Amount Earned Previous Amount Current Amou a to Date Billed Due 'Co =4406 NG'©t- �ECESSITY 17,730,00 94.00% 1fi G6fi.20 - _ 12,003.21 4,562.99 Subtotal 17,730.00 94.00°In 1.6,fi66.20 12,003.21 4,662.99 Total LUMP SUM 4,562.99 Total Invoice: ."'661,99 IT you have questions or concerns regarding this invoice, please roll Headier Dodson al 5,51-840-0251 ;Z.i4D Rmw WOW #TTlley-Hom and Associates, Inc. CITY OF CAPE CANAVERAL ATiN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id. 56-0885615 LUMP SUM Invoice No: 4734159 Invoice Date: Fe13 Z9, 2Q2 >; Invoice Amount: $1,063.80 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSnY Project Manager, FRAM R, LISA Client Reference. 'PO,,#4640 . For Services Rendered through Feb 29, 2012 i % Description ; Contract vaiue I Complete i Amount Earned to Date Previous Amount Billed Current Amount Due CRA - FINDING flF NECESSITY i 17,730.00 100.Wk 17,730.00 16,666.20 1,063.80 Subtotal i 17,730.00 l 100.000rp 17,730.00 16,666.20 i 1,053.80 ; Total LUMP SUM _ - --- _ 1,063.80 Total invoice: $1,063980 OIL = CITY OF CAPE CANAVERAL FINANCE DEPARTMENT ll RECEIVED By Cheryl Puleo at 4.38 pm, Mar 95, 2012 LJmmopnm Klmley-Horn = F3 and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 LUMP SUM Invoice No: 4830275 Invoice Date: Jun 30, 2012 Invoice Amount: $3,900,40 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA Client Reference: PO #A640— For Services Rendered through Jun 30, 2012 Description Contract Value Complete Amount Earned to Date Previous Amount Billed Current Amount Due CRA - FINDING OF NECESSITY 17,730.00 100.00% 17,730.00 17,730.00 0.00 AMENDMENT#1 3,000.00 100.000/a 3,000.00 3,000.00 0.00 AMENDMENT #2 3,900.00 100.00% 3,900.00 0.00 3,900,00 Subtotal 24,630.00 100.00% 24,630.00 20,730.00 3,900.00 Total LUMP SUM 3,900.00 Total! Invoice: $3,900.00 If you have any questions or concems, please call Martha Doyle at 561-840-0290. 1pmrn Kimley-Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATiN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Invoice No: 4868504 Invoice Date: Aug 31,, 2Q12 Invoice Amount: $10,175.00 Project No: 148192000.1 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Please send payments to: Client Reference: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 For Services Rendered through Aug 31, 2012 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0865615 "� RECEIVED -- CITY OF CAPE CANAVERAL By Cheryl Puleo at 10., 15 am, Oct 24,.,M2 LUMP SUM FINANCE DEPARTMENT Description Contract Value Complete Amount Earned to Date Previous Amount Billed � Current Amount Due j TASK 1.0 - 3.0 PHASE I 18,540.00 55.00% 10,175.00 0.00 10,175.00 TASK 4.0 - 6.0 PHASE 11 37,400.00 0.00% 0.00 0.00 0.00 Subtotal 55,900.00 is.Z4a/o 10,175.00 0.00 10,175.00 Total LUMP SUNT 10,175.00 Total Invoice: $1%17.5 00 DESCRIPTION OF SERVICES: Property valuation analysis, rev�ew_of:exlstingiocun3erits, update�af finding of necessity (final:F.ON}, BOCCand City Councii.FON• delegation/approvaI: meetings; TIF anid praperty valuation -analysis . D If you have questlons 0r concems, please call Mary Oldeikh at 941-379-7635. 34MR0 Kimley-Horn and Associates, Inc. City of Cape Canaveral Financia{ Services MY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PCD BOX 326 ChPE CANAVERAL, FL 32920 Please send pWrnenls to: KIMLEY-KORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-252{1 Federal Tax Id: 56-0855615 RECEIVE By C.Puleo at 5:36pm, ��7iti�13 Invoice No: 4 47U� Invoice Date: ;Sep.34, 2012 Invoice Amount $16,94.7.00 Project No: 148192000.1 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client nt Reference: For Services Rendu through Sep 30, 2012 Dwx"pilon contrwt Value % Amount Earned Complete to Date Premus Amount EMIed Cu ent Amount orae TASK 1.0 - 3.0 PHASE I 1$,500.00.00% 16,650.00 10,175.00 6,475.00 TASK4.0 - 6.0 PHASE II 37,400M 28.0096 10,472-00 0.00 10,472.00 subkftd 55,900M 4MLS2% 27,122.00 16,947.Q0 TOM LUMP SUN 14947M Tow 1nVw w.41k0p 00.. Payment Authorized by: Invoice # �/q 10-7 Visa 0 h circle one) Date: I - j Amount: 7qq 9, -85w h&V queSWIN ar ras, P05ww (tel/ Mary f oX at94I 379 -XM AWRO C=n Kimley-Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 Invoice No: 4976105 Invoice pate: Oct,31,,=2 Invoice Amount: $5,590.00 Project No: 146192000.1 Project Name: CAPE CANAVERAL CRA CRA Project Manager: KLEPPER, KELLEY Client Reference: For Services Rendered through Oct 31, 2012 Description Contract Value % Complete Amount Earned to Date Previous Amount Billed Current Amount Due TASK 1.0 -3.0 PHASE I 18,500.00 100.00% 181500.00 16,650.00 1,650,00 TASK 4.0 - 6.0 PHASE 11 37,4DD.00 9$.00% 14,212.00 10,472.00 3,740.00 Subtotal 55,900.00 58.524D/o 32,722.00 2.7,122.00 5,590.00 TDtal LUMP SUM S,59Oi0 Total Invoice:. DESCRIPTION OF SERVICES: Revisions W CRPincluding TIF projections. tPkOubbc h dnrag, Payment Authorized by: invoice #--I q r7 i- 105 Visa or hec circle one) Date: ) Amount: 5CIL If you have quesh'ons Orcancems, Please call Mary 01dedch of 991379-7535. 34MRO Kimsey -Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATfN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 COST PLUS MAX Contract Value 8,000.00 Previous Billings 0.00 Current invoice 2,766.25 Remaining Contract Value 5,233.75 Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager; KLEPPER, KELLEY Client Reference: For Services Rendered through Mar 31, 2013 Description Current Amount Due CRlt MH.LE�fATIDNJGRANTS:PROGRAM 2,766.25 EXPENSES 0.00 Subtotal 2,766.23 Total CAST PLUS MAX ;1,766:115 Total Invoice 42,766.25 DESCRIPTION OF SERVICES; • CRA Prograrns.review and summary document (Program Description/Overview, intent, overall Program requirements and qualifying conditions) and revision per Client comments. Payment Authorized invoice # 5( 5lJ3 Visa o Chec ircle one) Date: 5- i C-15 Amount:$Z,-76,,I,.�7-5 If you have questions or concems, please cad Mary Olderich at 941-379-7635 34MRo Klmley-Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO SOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: , KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 3.1193-2520 Federal Tax Id: 56-0885615 COST PLUS MAX Invoice No: 5156742 Invoice Date: Mai 2f 2013 Invoice Amount: $2,752.50 Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rende FROF Description Contract Value Amount Billed to bate Previous Amount Billed Current Amount Due GRAiVT RROGE?AM 7,506.06 5,518.75 2,766.25 2,752.50 Subtotal 7,500.00 5,558.75 2,766.25 2,752.50 TotaI COST PLUS MAX 2,752.50 Total Invoice:,, $2 752'50l DESCRIPTION OF SERVICES: • CM—P''grams and Inbehtives summary including program • RevieW rileeting v6 Clty (4/29) Payment Authorized byl.--�� Invoice #515(.-747— 4ED Visa o Check ircle one) ...... _ Date: —15 Amount: 75Z,5c�Z) ff yoti have questions or concems, please call Mary Oldench at 941-379-7635. 34MR0 C=n Kim{ey-Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA., GA 31193-2520 Federal Tax Id: 56-0885615 RECEIVED By C. uleaa at 12;57 pry, Jun -21416' Invoice No: 5203339 Invoice Date: aura; 23, 2013, Invoice Amount: $1,212.50' Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rendered through May 31, 2013 COST PLUS MAX -w�--Arnount Billed to Previous Amount Current Amount Description Contract Value Bate Billed Due Is GRANT MGRAM 7,500.00 6,731.25 5,516.- .751 _ 1,212.501 Subs total `— 7,500.00 6,731.25 5,5118-7511,212.50 Total COST PLUS MAX _ 1,212.50 Total Invoice $1,212 5,0 n , DESCRIPTION OF SERVICES: • Revisert CRA P.rpgrams document Per Client comments Including application forms. Payment Authorized by: iG Invoice # 520333y Visa or�Chec ' circle one) Date: �?-z9—I5 Amount; $., (, I Z SO If you have queWons or concerns, please tall Mary olderich at 941-379-7635. 34MRO Com dation of invoices 12aid to 1LOV AgQme(Brown, Gar anew Weiss & DAgLesta, P.A. for CRA related services Date of Invoice Invoice Number Amount of Invoice Nov 06, 2012 54007 $ 1,080.00 Dec 07, 2012 54679 $ 2,979.00 Jan 03, 2012 54754 $ 615.85 Feb 04, 2013 55147 $ 150.00 Mar 04, 2013 55518 $ 131.40 Jul 01, 2013 57010 $ 930.00 Aug 06, 2013 57395 $ 75.00 Total paid to date. $ 5,961.25 November,42012 � FL xe73 ��a'��U Fite#: 513.054 (4545% FAX xd �S by -#: , $4007 "We fimewbdobw Soft www4fhxdtawjM FIN: 594372519 cftY0fQwcuwMw 1051WkAvemre Cep Cmtwe 4 FL 32.920 40 crrY of CAPE CANAVERAL A*BGM* City Manaw FINANCE DEPARTMENT Rufevd .... _ _ •Yl�1. J:JFiM By Cheryl ftlec RECEIVED".... -... f 10'57 '9ft;`-h q r 1 2 Oct -19-12 AUMfion to glact adoption quwdon 1nsd g 1.00 150A0 AAG lqdmearcL Oct -19-12 Lcgal mm& g CiiA ire 2.30 345.00 AAG �an,�d � � to appma C11ApbM woe ooze wkb B. BOM segesft SIMM Strategy regarding CRA and Comical 0.$0 75.E KWL conddemdon oft 04*2212 Raview Coudy► delegation resalud n and 1.00 150.00 AAG Roslyn statute sung Plan fit. Rwd" acid review Bmvard mobibm 0.70 105.00 K L dckgaftg 6adWdty to City hr CRA; *&OW smog Cousdy`$ r0$ft* titan of tizh% radaded to aaMe. Oct -23-12 Tekgdww cow with AsddW Coudy 225.00 AAG may; pwpam detailed eMAU to B. Bxnwn oudung Comore delepow oto 00.24-12 Email fium S. raw regmft CouW CRA 4.20 30.00 AAG VIM 80MV8, s a Jnr dce #: 54007 Tdd Fey & Dbibursuvftts Bohma Naw Due a i W 9 SE9 WEISS & IAGR LJSTA9 P.A. AT rORNEYS AT LAW Post OTW Box 2873 December 7, 2012 Orlando, FL 82802-2873 �L 1 10`,,. (407)42$4566 , j r✓ Bile #: 513-054 (4n 425.95% FAX u j , Inv : .5079 e•urWk &m&dwdalaw.net Web w"orlmdoWwaizt C°� (:` �� -�+ .�jc FIAT: 59-3372519 city of Cape Canaveral 105 Polk Avenue Cap Canaveral, FL 32920 Attention: City Manager RE: Cape Canaveral Community Redevelopment Agency DATE DESCRIMON HOURS A1ViOi<7NT LAIR Nov -01-12 Attention to CRA issue; legal research. 1.20 180.00 AAG Telephone conference with B. Brown 1.10 165.00 KWL regarding approval schedule for CRA plan; telephone conference with T. Marley regarding seine and regarding CRA bylaws; attention to CRA meeting scheduling issues; research CRA bylaw requirements. Nov -M-12 Correspondence regarding CRA Meeting; 0.20 30.40 Kla6fi.IL regarding creation of trust fund. Nov -05-12 Telephone conference with CountyAttorney; 0.60 90.00 AAG telephone conference with B. Brown regarding plan adoption process. Research shute regarding creation of CRA 1.50 225.00 KWL trust: fiend; correspondence with staff regarding some; receive and review draft notice to taxing authorities; correspondence with staff regarding CRA plan approval; strategy regarding same. IAB A $4679 Nov-06.12 Raemmhsw=B is - b.Am cid; 1.00 130.00 KWL IM r P gwadmw wl(h T. Morley rig aamm reaem* meg edbliftg to fad; pm epame codbnrnoe estddisft it mt fiord. Nov-07-12 Wodc o® CRA 71mW Fund Ori usmob 1.70 2$5.00 KWL rdded to eama. Noir -12 Tde*w aoaftwoe with T. Nlo ft OAO 60.00 KWL nWvft CRAbybvAN muft qpmb md ateatlomal issues. Nov4)9-12 Review and edit trust fimml ovMmme. 0.40 60.00 AAG Vla* = trent f4nmd osdimtmey atmodw to 1.00 270 KWL CRA egook Wme; rameivue and review a poem Mention to plan r+evimms ad Ann same wit$ OMM Nowl3-12 Pr re for and egad CLIA bleeft 5.00 750AD AAG kdhmf-mg &vftg ecOts to CRA Plan. Mention to CRA Maft sanda. review of 2.00 30000 KWL CitA pin; tit fimmd ordimence for C==M gpnb end ummit to � mmew ..1,mce with B. BrmreOaWft lite of CRA; a: andon to plan raWoma. Nov-14-12 Mow up rWftAgaymosfmg, 1.00 150.00 AAG kdaft detailed, w ail to B. Brmvn. Nov,-1&12 Rmeme ind wvww emm W fiom B. Brous; 040 60.00 AAO ameff to CounWAnomey. Callosprinf,ril, regarftCounV 020 3000 KWL ofplmm and oto COU resod. Nov-19-12 8m dl rqprftCRAplwnsdhWm 030 45.00 AAVs Nov-20.12 Ireguft delapdon mobdou. 0.30 45.00 AAO Nov-291-12 lieaeive and revww notice to tarot to uxbg 0.20 30.00 IW. =ftddwrqpWfttl►adopdcm Novi-30-12 RAwn Dodo to twit =&Whim review OAA 60.00 KVO. wMandawdsmetowa I hrywoe #: 54679 Toils 19.70 $2,955.00 SUNDFIARY HOURS RATE TOTAL FEES ANMON'YAGARGANESE 9.20 $150.00 $1,300.00 KATHERDM W LATORRE 10.50 $150.00 $1,575.00 DISBURSEdERrS ATMRNEVS AT LTi/ PostMicaBou2M Janmy X. 7013 MimI4 3=02-2M File #. 513-054 (407)433a9MPAX $4734 "LW1WkMdola WAd Vhbft rvww kw.net0 FW. 59.3372519 aw of0pe Canaveral City of Caps Canaveral Financial Services 105 PnikAveraue Op C F�` 3�2} /� �7i�� Fi+J6�0 �r pr ' �ip �A�rI�ier Athos city Manager.Bk idem at 4 rnr x a s RD Cqe Ctumnal Community Redevelopment ASMY OK tooo �} —� 31� -3Ib Cid DA DB Ko A�T XAVMM 1 03-12 Review Ct► mty rsoludon and apa& inn; 1.40 210.00 AAG email B. $rowan; email County Attorney with conimmWmrisions to Megation resolution. C=esponde= Regarding Cowy resolution 0.20 30.00 KW. and approval ofplaa. De 12 Emails with County regarditsg delegWon 0.40 60.00 AAG rewh ion. Doo4)&12 Convspomlence with B. Brawn regarding 0.50 75.00 KWL Coundl approval of glen and public notice tealuimemrmem for aniq reseuDh am. Ile, 0%12 wephone conamce with B. Brown 0.30 45.013 KWL npding wdee ofpublic haring for Council wnWeration of phm; receive and review ad PME Deas -10-12 Ccmspondence with staffrepi ting legal ad 0.20 30.013 LVL Jbr CRAplan aM=val. Deo -17-12 Atumflmn to loan issue. OAO 60.00 AAG Cotreppondeace with T. Marley reger+dimg 0.30 4300 KWL CRA loan Emco City; receive and review basic business teams for sari. P r, hriWoo #: 54754 1 0.10 15.00 AAG 3.80 $570.00 Floes RATE At4MOATYAGARGANM 2.30 $150.00 KBE W i,ATORRE 1.50 $150.00 TOTAL FM $345.OD $225.00 5.50 40.35 d ,RECEUED �: [, I'. a •=:h -r. � r. :: �`LY'.lil Y N::1' i' MIX dMa �.4 will %,"0 WA PF; N �; W, r;. h*0MwBox2s73 Marcb4, 2013 PL 3nM-x (4M425 -M File#: , . $13-054 [4M42S-"%VAX inv #t 5s$13 MMUM . FIN, 59-3372519 cup of Cage C "Weral 105 PoIkAvea Ce cal, FL32920 �..� City of Calle Canaveral Financial Services M. CVS CUWAWW Community Rmlo GO M Apacy RECEIVED By c.puleo at s.-06-pfii '..M:.`P" Fe&01-13 Ammon to Qrewbag pubiic aecoz& nquest; 0.50 75.00 Kn tokphow uoufemce with B. Broom wpnftS sane; ruemch public nodoe its for Plan BPPMVBI pmealUM4 taloghM wnftww Md canes mdence with A. Appesson IMPFft Mme. Feb -W13 Aftwdon to boundary issue. TOWS 9UMMARY MUM- AMONYAGARGANESE KATHERINE • ..+ D ]act -25-13 Online CumPWw Rftemh Cast 0.20 30.00 AAO (00 $I05.00 RATE TOTAL FUS $150.00 530.00 $150.00 $7500 26AO TOWS 26.40 e r r Pmio$ Pwjmmts Bdwm Now Dila 55518 MAD M.00 S131AO i.. O ! ! w WEISS ti V ! s` 1 e. Post Offlw Box 2873 Jdy 1,2013 Orlando, FL 32802.2873 File #: 513-054 (407) 425-9M6 $930.00 (407) 425-95% FAX h1v # ; : - 5701O 60A. ottsaciplavvnet $930.00 Websik wwwArbsadalaw.ad FIN 59-3372519 city of cape Cemevetsl 105 PolkAva we Cape Canaveral, FL 32920 Attendou. Cita' Manager RE: Cape Canaveral Community RedevelopmeWAgency DATE DEilCREMON Jun -03-13 Email exchange with T. Morley regarding, CRA loan. Jun -12-13 Telephone conLorence with T. Morley regarding loan documents; email exchange with City Manage' regarding same, ffnalin revisions to Ioan documents. Jun -26-13 EmaO from T. Morley regarding loan document. Jun -27-13 Modify CRA loan documents, research cost rerluesg email to T. Morley regarding same. Totals SUMMARY HOURS ANTHONY A OARGANESE 5.20 HOU AMOUNT 1 AWM 0.20 30.00 AAG 430 645.00 - 0.10 startup 15.10 1.6O 240.00 620 $930.00 RATE EES TOTALFEES $150.00 $930.00 AAG AAG AAG b Total Fee & Disbursements Previous Balance 131.40 Invoice A 57010 Previous Payments Wmee HOPI Due 131.44D $93D.00 RECEIVED By E: fever at 7:27'. f� BROWN, GARGANESE, WEISS & WAGRESTA, P.A. ATTORNEYS AT LAW Poet 6ffiee Bbx2873 August 6, ;2013. Orlando, FL 32802-2873 (407)425-9566 File #: 513-054 (407) 425-9596 FAX ?Itiv #• 57395' e-mail: imn(orlandoiaw�et Website. www.oriandolaw.net FIN: 593372519 City of Cape Canaveral 105 Polk Avenue 0.20 Cape Canaveral, PL 32920 regarding CRA meeting items and schedule. Attention- City Manager RE: Cape Canaveral Community Redevelopment Agency BATE DESCRIPTION HOURS AMOUNT LAWYER Jul -01-13 Telephone conference with T. Morley 0.30 45.,00 AAG regarding adoption process for loan agreement and review related statutes, Jul -30-13 Telephone conference with A. Apperson 0.20 30.00 KWL regarding CRA meeting items and schedule. Totals 0.50 $75.00 SUNEVURY HOURS RATE TOTALFEES ANTHONYAGARGANESE 0.30 $150.00 $45.00 KATHERINE W. LATGRRE 0.20 $150.00 $30.00 'Tota1 Fee, & Disbursements Previous Balance 930.00 Previous Payments 930.00 Balance Now Due Nis RECEIVEDp r By E. Bever at 7.25`4tm'l�r�g;� VA Comuilation of invoices paid to Florida Today for CRA Publications Date of Invoice invoice Number Amount of Invoice Mar 18, 2013 0006670175 $ 46.49 Aug 29, 2013 0006856111 $ 143.28 Total paid to date: $ 189.77 FLORID�A,% ADVERTISING INVOICE TODAY CAPE PUBLICATIONS, INC. F�'•Y �7 ,k IJ.AiN OFF ICE lam 11 �4: 3500 N. BREVARD 6 INDIAN RIVM 1 900 633,644a floi`I41(at(• C zt)z' EYIIt7 AOV£F�'ISrIvG IWOUIRIES: 132i1 212371 I - BILL114G IWOUIRIFS €07i 22.3-240= •' ADVERI ISING rAX: €3211 242-66IG ' B111ING FAX: 18661 226-7232 CITY OF CAPE CANAVERAL PO BOX 326 CAPE CANAVERAL FL 32920-0326 Thank Yo,'r For Your Business! AIWINV_ ACCOUNT NUMBER 6CI?_tl9 INVOICE NUMBER AGENCY NUMBER 0006670175. I CLASS FOR THE PERIOD THROUGH 03/04/13 0.3/31/13 DUE DATE AMOUNT DUE 04/15/13 46.49 DATE I PUB I CLASS DESCRIPTION COL DEPTH TOTAL SIZE RATE AMOUNT 0304 PREVIOUS BA.LP3QCE 278.48 0320 PAYMENT THANK YOU 109.45- 0327 PAYMENT Tli.MK YOU 2,736.03- ,736.03-0329 032S? 03/29 Xfex Pmt Deb?t 2,567.00 0318 FTC 0066 CRA -AID#299576,03/18/20 1 1 18.(0 18.00 2.56 46:45: 4110113 CONTRACT TYPE CONTRACT COMW-MENT CONTRACT EXPIRES SALES PERSON PH 9 EXT CURRENT A G. -1.9 CICALA OVER 30 DAYS 00 OVER 60 DAYS ,."•," .o0 OVER 90 DAYS .0 1 00 OVER 120 DAYS - n TOTAL Dile FLORIDA TODAY"If you have any questions regarding the charges ftorion this invoice and you wish to contael us in writing, ��€�"t """ please send your email to the following address:" B€LLINGINOUIRIESOFL ATODAY.NET PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO: FLORIDA TODAY PAYMENT CENTER P. 0. BOX 677592 DALLAS, TX 75267-7592 6CI209 CITY OF CAPE CANAVERAL PO BOX 326 CAPE CANAVERA-L FL 32 92 0-0326 6C1209000000GOODOODOOD0667017500DD4649lO28H STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared BONNIE BERRY, who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper published in Brevard County, Florida; that the attached copy of advertising being a I FGAL NOTICF as puniisnea in ine t'I_UKitJA i UUA T In Me 155UCtb) V4, March IK: 413 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing s a vertisement f r publication in said newspaper - sworn 'to and, -s- ubscribed before this: RENEE AMBROSE UtMy COKWSSrON # EEi82{+k8 E7tpjM: ApO 29, 2016 Personally Known X or Produced Identification Type Identification Produced: 18th day of March 220- 757 (Signature of Notary Rubric) Renee Ambrose (Name of Notary Typed. Printed or Stamped) Gannett NON -SAI Invoice FLORI DA 0DAY1001 6CI2090000000DOG00000006$561110[702825810287 Page 1 of I -WT Terms: A late payment fee of 1,5%, 18% per annum, will be added to oast due amounts RETURN THIS SECTION TO ENSURE PROPER CREDIT, PLEASE MAKE YOUR PAYMENT PAYABLE TO: Florida Today P.O. Box 677592 Dallas, TX 75267-7592 The sate shewrr on this invoice may be subject to adjustments, upward or downward, at the termination of the current contract year. Lineage for the previous and current contract is available upon written request. If there is any er nr with your advertising or billing you must notify us within 45 days of publication In order to receive any credit. TO ENSURE PROPER CREDIT, PLEASE RETURN TOP SECTION AND INCLUDE YOUR CUSTOMER NUMBER ON REMFTTANC# Fnr vont rernrds* CUSTOMER NO. NAME INVOICE NUMBER AMOUNT PAID 6CI209 CITY OF CAPE CANAVEPAL 0006856111 JJ�M YOUR NUMBER 7 SOURCE FOR MEWS AND INTERACTCN ON THE SPACE COAST. gcaaWs„Y. ADVERTISING INVOICElSTATEMENT DUE DATE 9/16/2013 littps:llssl.suresecure.cont/invoiceView/lovoice.aspx?CukcPK5uFOg6aBL 9/3/2013 View Legal A& 312362 Print Winslow Close Window ADK312362,08a912013 NOTICE OF PUBLIC HEARING CAPE CANAVERAL CITY COUNCIL Notice is Hereby Given that the Cape Canaveral City Council will conduct a Puhhc Hearing on proposed amendments to the Cape Canaveral Community Redevelopment Agency - Community Redevelopment Plan on Tuesday. September 17, 2013 at 6.00 PM in the Cape Canaveral Library, 201 Palk Avenue, Cape Canaveral. Florida. The City Council will consider Vie proposed plan amendments set forth in the following resolutions: RESOLUTION NO. 2013-18 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"); PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT AUTHORIZING A LOAN FROM THE CITY TO THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $100,000.00. FOR PURPOSES OF INITIALLY FUNDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY 50 IT CAN COMMENCE REDEVELOPMENT ACTIVITIES W ITH1N THE REDEVELOPMENT AREA AND REIMBURSE THE CITY FOR CERTAIN START-UP EXPENSES INCURRED BY THE CITY TO ESTABLISH AND CREATE THE AGENCY; PROVIDING FOR THE INCORPORATION OF THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT INTO THE REDEVELOPMENT PLAN OF THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR THE REPEAT_ OF PRIOR INCONSISTENT RESOLUTIONS, NO CONFLICTS; SEVERABILITY, AND AN EFFECTIVE DATE, RESOLUTION NO. 2013-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY - COMMUNITY REDEVELOPMENT PLAN TO MODIFY THE BOUNDARIES OF THE REDEVELOPMENT AREA, ADOPTING A REVISED BOUNDARY MAP AND LEGAL DESCRIPTION, ATTACHED HERETO AS EXHISIT "A"; AND INCORPORATING SAID MAP INTO THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY • COMMUNITY REDEVELOPMENT PLAN: PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. The resolutions are available for inspection during office hours. Monday through Friday, 8;30 AM to $:00 PM in the office of the City Clerk, 105 Polk Avenue, Cape Canaveral, FL 32920. Interested parties may appear at the meeting and be haard with respect to the proposed amendments. Angela Apperson Assistant City ManageriCity Clerk AD#: 312362 Publication: Florida Today First Published: 08-29-2013 Page 1 of 1 littp:/Iicgals.fl atoday.net/db/display,litin?CMD=D1 S PLAY&,ld=85832 8/3012013 LLEN (321)707443 Engineering, O. M• BOXM321,1100., .! .. M D• ..: 4r r CITY OF CAPE CANAVERAL BARRY BROWN 7510 NORTH ATLANTIC AVENUE CAPE CANAVERAL, FL 32920 Invoice Number: 3119$ April 30, 2013 Client ID: C079B RE: PREPARE DESCRIPTION AND RKCEME. D 13Y Job No.: 130004 CITY OF CAPE CANAVERAL. FINANCE DEPT. DATE: E-1 .Professional Services for the Period Ending February 20, 2013 PREPARE EASEMENT DESCRIPTION AND ILLUSTRATED MAP OP LAND TO BE INCLUDED IN CRA $2,9'55.00 TOTAL AMOUNT ]DUE $2,955.00 Aged Receivables: CURRENT 31-60 DAYS 61-90 DAYS 91-120 DAYS +120 DAYS $ 2,955.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 All invoices are due upon receipt. A late charge of 1.5% will be added to any uupaidbalance nfrer 30 days. City of Cape Canaveral Community Redevelopment Agency Board CRA Board Meeting Date: 9/17/2013 C Item No. Subject: Provide a recommendation to the City of Cape Canaveral City Council related to Resolution No. 2013-19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A", and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan, providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Community and Economic Development Summary: On December 18, 2012, Council adopted the Community Redevelopment Plan including a map of the Community Redevelopment Area boundary. Subsequently, a metes and bounds legal description of the boundary was prepared. During review of the legal description, several errors in the Boundary Map were identified. 1) one county property had been included in the boundary, 2) five parcels were split by the boundary and a parcel must be entirely in or out of the CRA, and 3) other minor anomalies. As such, minor revisions to the Boundary Map were necessary and are reflected in the attached revised Boundary Map. Submitting Director: Barry Brown '(61blm- Date: 09/06/2013 Attachment: Resolution No. 2013-19 with Exhibit A -Revised CRA Boundary Map. Financial Impact: Staff time and effort to prepare this Agenda item, �Reviewed n DeLeo Date: 'q The CRA Director/Registered Agent recommends tht the CRA Board take the following action: Recommend approval of revised CRA Boundary Map to City Council. -Approved by CRA Director/Registered Agent: David Greene D.te'Y�/L/3 CRA Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY — COMMUNITY REDEVELOPMENT PLAN TO MODIFY THE BOUNDARIES OF THE REDEVELOPMENT AREA TO EXCLUDE LAND FROM THE REDEVELOPMENT AREA, ADOPTING A REVISED BOUNDARY MAP AND LEGAL DESCRIPTION, ATTACHED HERETO AS "EXHIBIT A" AND INCORPORATING SAID MAP INTO THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY — COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, in 2012 the City Council created the Cape Canaveral Community Redevelopment Agency ("Agency") pursuant to Resolution 2012-16; and WHEREAS, subsequent to the creation of the Agency and defining the Community Redevelopment Area (".Area"), several scrivener's errors were discovered on the boundary map depicting the Area; and. WHEREAS, the Area boundary, as adopted, inadvertently divided several parcels, which resulted in certain portions of the parcels being included within the Area, while the remainder of the parcels were excluded from the Area; and WHEREAS, one parcel located within unincorporated Brevard County was inadvertently included within the Area; and WHEREAS, the Agency reviewed the proposed amendment to the Cape Canaveral Community Redevelopment Agency -- Community Redevelopment Plan ("Plan") modifying the Area boundary to correct the aforementioned errors at its joint meeting conducted with the Cape Canaveral City Council on September 17, 2013 and recormnended approval of the amendment to the Plan to the City Council; and WHEREAS, the City Council desires to correct these scrivener's errors on the Area neap and legal description of the Area by adopting a revised boundary map and legal description, attached hereto; and WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Resolution No. 2013-19 Page ] of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section I. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as findings of the City Council of Cape Canaveral. Section 2. Amendment to Agency Plan. The City Council of the City of Cape Canaveral, pursuant to section 163.361, Florida Statutes, hereby amends the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan by adopting the revised boundary map and legal description prepared by Allen Engineering, Inc. dated April 2, 2013, attached hereto as "Exhibit A" and expressly incorporated herein by this reference. Section 3. Incorporation into the Agency's Redevelopment Plan. The revised boundary map and legal description adopted in Section 2 shall hereby be deemed fully incorporated into the Agency's Redevelopment Plan and shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the Community Redevelopment Act of 1969. Section 4. Repeal of Prior Inconsistent Resolutions. All prior, inconsistent resolutions adopted by the City Council are hereby repealed. Section S. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Resolution No. 2013-19 Page 2 of 3 ADOPTED at a joint meeting of the City Council and the Community Redevelopment Agency of the City of Cape Canaveral, Florida, assembled this l7th day of September, 2013. Angela Apperson, City Clerk Approved as to form and legal sufficiency For the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No, 2013-19 Page 3 of 3 FOR AGAINST M -F 7 I I�l 12 ,_:j I" ll TF"T on CER City of Cape Canaveral °. Community Redevelopment Agency Board CRA Board Meeting Date: 9/1712013 we`caa�s=•• Item No. Subject: Approve CRA Budget for FY 201312014. Department: Community and Economic Development Summary: The City's Annual Budget includes the Cape Canaveral Community Redevelopment Agency Budget (excerpt included herein) which details the Revenues and anticipated expenditures of the Special District. The City will be paid back all start-up expenses immediately and the CRA will make annual payments in accordance with the schedule included in the loan documents. It is helpful to think of the CRA as starting with a debt, much like a homebuyer. The borrower (homebuyer) needs to receive a loan in order to purchase the home. Once the loan is received, it is immediately applied toward the debt and the regular payments begin. In the case of the CRA, the debt happens to be with the same entity that is loaning the money. Submitting Director: Todd Morley `T�"� Date: 09/06/2013 Attachment: CRA Budget Financial Impact: Staff time and effort to prepay this Agenda item. Reviewed by Finance Director: John DeLeo Date:`" The CRA Director/Registered Agent recommen that the CRA Board take the following action: Approve CRA Budget as proposed. C)'-� /- r Approved by CRA Director/Registered Agent: David L. Greene Date; CRA Action: [ J Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Cape Canaveral Community Redevelopment Agency The City's 1995 Redevelopment Plan included as an objective the creation of a Community Redevelopment Agency (CRA). While the need for a CRA has long existed in Cape Canaveral, the recent economic recession, loss of the Shuttle program and restructuring of NASA have exacerberated the need for redevelopment. A CRA is a tool to create a funding source and plan for the City that will create jobs, increase property values and attract the services desired by its residents. In 2012 the City adopted a "Finding of Necessity" report prepared by Kimley-Horn and Associates, Inc. that found that conditions exist in the City warranting the creation of a CRA per Florida Statutes. mater the same year, the City adopted a Redevelopment Plan, also prepared by Kimley-Horn and Associates, Inc. and subsequently adopted Ordinance No. 23-2012 which established a Redevelopment Trust Fund for the deposit of CRA funds, including tax increment financing revenues. The Community Redevelopment Plan was developed in FY 13. The Projects in the Plan are funded with increases in ad valorem revenue. TIF revenues are to be deposited in the Trust Fund for matching grants to encourage development/redevelopment; financial incentives to developers and businesses; and financing of capital improvement projects. The City will loan the Community Redevelopment Agency $ I OOK to initially fund the CRA. The City will be reimbursed by the Agency in annual equal installments amortized on a 10 year term. The first installment shall be due the City on October 31, 2014 and subsequent installments shall be due each year thereafter on October 31st until the note is paid in full. The annual interest rate will be set at 2%. Page 66 Budget Detail Cape Canaveral Community Redevelopment Agency 2n t n/11 2011/12 2012113 2012113 Revenue 3o01o0 Cash Forward 338000 Shared Revenue from Cape Canaveral 338001 Shared Revenue from Brevard County 361100 interest From Investment 361310 Net Increase (decrease) in FMV 384000 Intedund Loan - $ 123,100 Total Revenue Operating 100% 310001 Administrative Services 310000 Legal Fees 450000 Insurance 520000 Operating Supplies 101300'; Total Operating Capital Outlay 630000 Grant Programs/Start-up Reimbursement 630001 Capital - Branding Initiative Total Capital Outlay Total Community Redevelopment Fund Budget S - S - S - S Page 67 S 201344 % d _ idopfec# Inc/Dee _ 0°10 ioa load° 11,500 ' 100% _ 0% - 100=OOQ 100% - $ 123,100 100% - 1,000:" 100% 1,000 100% - 3 o0t1.: 100% - 0% 101300'; 100% 1 ,800:. 100% 11 ,1110 100% t - 5. i2310Q 100% City of Cape Canaveral Community Redevelopment Agency Board CRA. Board Meeting Date: 9117/2013 Item No. -5- Subject: Establishing CRA Meeting Schedule and financial reporting requirements. Department: Community and Economic Development Summary: The City of Cape Canaveral Community Redevelopment Agency is required to hold certain financial meetings each year: 1. Approve Annual CRA Budget (due June 1St of each year). 2. Approve Annual Report (due March 31St of each year). 3. Approve Annual CRA Financial Audit (due March 31St of each year). Additionally, the CRA will need to meet as necessary for other items, including consideration of grant requests for CRA Programs. To reasonably accomplish these goals, Staff recommends the CRA Board adopt and reserve the following quarterly meeting schedule: • The third Tuesday of March, • The third Tuesday of June, • The third Tuesday of September and ® The third Tuesday of December. In the case where a meeting date is scheduled and there is no business for the CRA Board to consider, no meeting will be held. Submitting Director: Todd Morley and John DeLeo Date: 09/06/2013 Attachment: None. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo-r7 Date: The CRA Director/Registered Agent recommends Apat the CRA Board take the following action: Approve Meeting Schedule as proposed. Approved by CRA Director/Registered Agent: David L. Greene Date: Q CRA Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain