HomeMy WebLinkAboutCRA Interlocal Agreement with BOCC recorded 7-23-18CFN 2018163079, OR BK 8218 PAGE 656.
Recorded 07/23/2018 at 09:53 AM, Scott Ellis, Clerk of Courts,
Brevard County
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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY,
AND BREVARD COUNTY, FLORIDA
THIS INTERLOCAL AGREEMENT entered into by and between the CITY OF
CAPE CANAVERAL, a Florida municipal corporation, 100 Polk Ave., Cape Canaveral,
Florida 32920 (hereinafter "the CITY"), the CITY OF CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY, (hereinafter "the CRA"), and
BREVARD COUNTY, a political subdivision of the State of Florida, in its own name and
on behalf of each County Taxing Authority, as defined in section 2b., below), 2725 Judge
Fran Jamieson Way, Viera, Florida 32940 (hereinafter collectively called "the COUNTY").
WITNESSETH:
WHEREAS, the CITY created the CRA pursuant to CITY Resolution 2012-10 after the
COUNTY delegated its authority pursuant to Part III, ch. 163, Florida Statutes, as permitted under
section 163.410, Florida Statutes, and as set forth in COUNTY Resolution 2012-174, as modified
and restated by COUNTY Resolution 2012-269; and
WHEREAS, pursuant to CITY Ordinance 23-2012, the CITY created a tax increment
redevelopment trust fund (CRA TIF) in accordance with section 163.387, Florida Statutes; and
WHEREAS, the CITY and COUNTY have continuously paid their respective full CRA
TIF payments required by section 163.387(1), Florida Statutes, to the CRA since the first fiscal
year of the CRA's operation; and
WHEREAS, the COUNTY is facing certain budget issues relating to road maintenance,
construction and reconstruction due to county charter restrictions on ad valorem tax revenues and
other factors; and
WHEREAS, the COUNTY has evaluated multiple options to address these budget issues
and is taking a variety of significant steps to address these issues in the best interests of the citizens
of Brevard County; and
WHEREAS, part of a solution to address the budget issues facing the COUNTY
involves negotiating interlocal agreements with applicable cities and community redevelopment
agencies within the COUNTY with the goal of working towards reducing or ceasing the
COUNTY's future annual CRA TIF contributions so the COUNTY could utilize those funds in
the future for road maintenance, construction and reconstruction; and
WHEREAS, the COUNTY recognizes and appreciates that the CITY has already taken
significant steps over the years to reduce the financial burden on the COUNTY to maintain former
County roads located within the jurisdictional limits of the CITY by previously accepting
jurisdiction and maintenance responsibilities over all COUNTY roads within the CITY including
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portions of North Atlantic Avenue and Oak Lane and Ridgewood Avenue; and
WHEREAS, the COUNTY and CITY also recognize that the CRA continues to serve an
important public purpose and that continuing to encourage and foster redevelopment activities
within the CRA's boundaries using CRA TIF Payments, consistent with the CRA's
Redevelopment Plan, remains necessary to alleviate blight and slum conditions within the CRA
boundaries, and that the alleviation of these conditions is in the best interests of not only the
citizens and businesses within the CITY, but the citizens and businesses of Brevard County as a
whole; and
WHEREAS, the CITY and COUNTY have enjoyed an excellent relationship over the
years, and desire to cooperate in achieving the County's road program goals and the CITY's and
CRA's redevelopment efforts within the CRA's boundaries; and
NOW, THEREFORE, the parties mutually agree as follows:
1. RECITATIONS. The foregoing recitations are true and correct and by this
reference incorporated herein by this reference..
2. DEFINITIONS. The following definitions shall apply when used in this
Agreement:
a. "Increment" or "Tax Increment" shall have the same meaning as "increment" as set
forth in section 163.387(1 )(a), Florida Statutes.
b. "County Taxing Authority" means Brevard County, through its Board of County
Commissioners and any County established Municipal Services Taxing Unit (MSTU) or
dependent special districts on behalf of which the County levies taxes or approves a budget to the
extent such MSTU or dependent special district is required to contribute a tax increment to the TIF
established by the City for the CRA in accordance with the requirements of section 163.387,
Florida Statutes.
3. AUTHORITY, This agreement is being entered into under the authority vested
in the parties by section 163.387(3)(6), Florida Statutes and, pursuant to that authority,
supersedes any provision or requirement set forth in section 163.387, to the extent of any conflict
with this agreement and that statutory provision.
4. TERMINATION OF CRA. All parties agree that the CRA Termination Date is
September 30, 2040. The parties agree that the CITY and COUNTY shall take such actions as may
be required to terminate the CRA on the CRA Termination Date, which actions shall include the
amendment or repeal of any CITY or COUNTY resolutions or ordinances (l) delegating authority
to the CITY to create a CRA and (2) creating the CRA and CRA TIF. In accordance with section
163.387(3)(b), Florida Statutes, notwithstanding any provision in section 163.387, Florida Statutes
to the contrary, after the CRA Termination Date, the COUNTY and CITY shall no longer be
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required to contribute a tax increment of any amount to the CRA TIF.
5. COUNTY AND CITY CRA TIF PAYMENTS. The COUNTY and
CITY will continue their respective annual contributions to the CRA TIF as required by
section 163.387, Florida Statutes, in every fiscal year between FY 2017/2018 and FY 2039/2040
as follows: The COUNTY TIF payment amount will be calculated based on the millage rate of the
COUNTY or the CITY, whichever is lower, Atter FY 2039/2040, the COUNTY's and CITY's
obligation to make annual contributions shall cease and neither party will make annual
contributions for future fiscal years. The COUNTY, CITY and CRA further agree that the
provision above regarding the calculation of the COUNTY TIF payment shall be retroactive to
the CRA's first fiscal year in which it received COUNTY TIF payments. As such, all parties
agree that the COUNTY's previous deduction of 5102,862.00 from the COUNTY's annual
TIF contribution to the CRA's Redevelopment Trust Fund in FY 2017/2018 is authorized
and approved by the Parties. The amount previously deducted by the COUNTY shall be
retained by the COUNTY for county purposes. No further deductions will be made by the
COUNTY for previous COUNTY TIF payments made through FY 2017/2018 unless
mutually agreed to by the CITY and CRA in writing.
6. INDEBTEDNESS. No provision of this Agreement shall be construed or
interpreted as limiting or prohibiting the CRA from incurring indebtedness of any kind allowed by
law. However, the Parties agree the maturity date for any existing or future indebtedness incurred
by the CRA, for which COUNTY TIF payments have been pledged as a source of revenue, shall
not extend beyond the CRA Termination Date.
7. LIMITATION ON CRA ADMINISTRATIVE SERVICES EXPENSES. No
provision of this Agreement shall be construed or interpreted as limiting or prohibiting the CITY
from annually providing administrative services to the CRA which are necessary and incidental to
the implementation of the CRA Community Redevelopment Plan adopted by the CITY and CRA.
Additionally, each fiscal year, the CRA shall be permitted to reimburse the CITY for such annual
administrative services. However, said reimbursement, payable from COUNTY TIF payments,
shall not exceed five percent (5%) of the total CITY and COUNTY TIF payments for each fiscal
year in which reimbursement is made.
8. ANNI.IAI., AUDIT, M REPORT; AND MEETING In addition to the annual CRA
audit report required by section 163,387(8), Florida Statutes, the CRA shall prepare and submit to
the COUNTY, in conjunction with the annual CRA audit report, a report in the form set forth in
Exhibit A attached hereto. Additionally, the CITY and CRA agree to contractually require the
independent auditor preparing the CRA's annual audit report to examine CRA expenditures and
certify that all CRA TIF revenues have been lawfully expended for the community redevelopment
purposes authorized under the provision of chapter 163, Part 111, Florida Statutes. If any CRA
expenditure is not certified as compliant by the independent auditor, the CITY and CRA, at their
discretion, will take whatever steps are necessary to bring any such expenditure into compliance
including, but not limited, contesting the independent auditor's opinion, reimbursing the CRA for
such expenditure with CITY funds, or by such other lawful means. After submitting the annual
CRA audit report, the City Manager of the CITY or Chairperson of the CRA governing body shall
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annually meet with .the County Commissioner in whose District the CRA is located to discuss the
annual audit reports, if the annual meeting is requested by said County Commissioner. No
provision of this Agreement shall be construed or interpreted to restrict or prohibit the COUNTY
from conducting, at its expense, any other audit of the CRA's expenditures as allowed by law.
9. EFFECT OF AGREEMENT. This Agreement, including the exhibits and all
documents and papers delivered pursuant hereto, and any written amendments executed by the
Parties to this Agreement constitute the entire agreement between the Parties. This Agreement
may be amended only by written agreement approved and executed with the same formalities as
this Agreement by all Parties. This Agreement does not alter City Resolution No. 2012-10, City
Ordinance No. 23-2012 and County Resolution No. 2012-174 as modified and restated in County
Resolution 2012-269, The Parties agree to modify or amend these documents on an individual
basis, as applicable and necessary, to implement this Agreement.
10. ATTORNEY'S FEES. In the event any litigation arises out of this Agreement or
under this Agreement, each party shall bear its own attorney's fees and costs.
11. NOTICES. All notices, requests, demands and other communications which are
required or may be given under this Agreement shall be in writing and, in the case of notice to the
City or County Manager, by email. Notice shall be deemed to have been duly given if emailed
and by personal delivery or deposit of the same in first class mail, postage prepaid by certified
mail;
CITY: City Manager/CRA Registered Agent
City of Cape Canaveral
100 Polk Ave
Cape Canaveral, FL 32920
(email address available at City
Website)
CRA: CRA Registered Agent/City Manager
CRA of Cape Canaveral
100 Polk Ave
Cape Canaveral, FL 32920
COUNTY: County Manager
2175 Judge Fran Jamieson Way
Cape Canaveral, FL 32940
(email address available at County
Website)
or, to such other address chosen by either party after notice of any change of address is first
provided to the other Parties in writing.
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12. GOVERNING LAW. The validity, construction and enforcement of and the
remedies under this agreement shall be governed in accordance with the laws of the State of
Florida, and venue of any proceeding shall be Brevard County, Florida.
13. SAVINGS CLAUSE. The invalidity or unenforceability of any particular
provision of this Agreement shall not affect the other provisions, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions were omitted.
14. EFFECTIVE DATE RECORDATION, This Agreement shall take effect on
the date that it is executed by both Parties and recorded in the Official Records of Brevard
County, Florida. Upon execution of this Agreement by both Parties, the COUNTY shall
promptly record this Agreement in the Official Records of Brevard County, Florida, and return a
recorded copy of this Agreement to the CITY's City Manager at the address listed in Section 12
of this Agreement.
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City of Cape Canaveral, Cape Canaveral CRA and Brevard County
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IN WITNESS WHEREOF, the parties have caused this agreement to be signed.
CITY OF CAPE CANAVERAL
By. _._ _—__--. .._..... June 19, 2018
Bob Hoog, rlaym. Date
�,AtVx -, (as approved by the City Council on June 19 , 2018)
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Mia aforth, CitAl-[(
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CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY
___._... ___ 8
19, 201
By: _ .'''�' ... � � _��..�..._ ...� _ June 1.. �. _... ._..._.m
I'ol� Hoog, Chairman Date
(as approved by the Board on June 19, 2018)
ATTEST:
Mia Goforth, Agett Secretary
BRE' A'R�VG N Y
JUL 10 2019
y,
Rita Pritchett, Chair Date
(as approved by the Board on Ju 1 X02018)
ATTESTS
Scott Ellis, Cleric
Interlocal Agreement
City of Cape Canaveral, Cape Canaveral CRA and Brevard County
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Redevelopment v
Annual Repoirt Template
I. INTRODUCTION, MISSION AND OVERVIEW:
II. BOARD MEMBERS AND STAFF:
III. BOUNDARY LINES:
IV. HISTORY
a. Creation Date:
b. Plan Amendment Dates:
c. Applicable Resolution(s) and Ordinances:.
V. PROJECTS OVERVIEW
VI. Financial Reports
a. Balance Sheet
b. Statement of Revenues, Expenditures & Changes in Fund Balances
c. Summary of Projects, Grants and Debt
VII. Performance Information
a. Total projects started, completed and estimate cost for each project
b. Number of jobs create and sector of the economy from which these jobs
were created within the CRA
Exhibit A
111111,11 'T p, ency
Annual Report Tem, plate
c. Number of jobs retained within the CRA
d. Assessed property values when CRA was enacted vs. current assessed
property values
e. Total amount expended for affordable housing
VIII. Additional Annual Reporting Requirements
a. Provide the Board of County Commissioners the CRA's proposed budget for
the upcoming fiscal year, 60 days prior to the beginning of the fiscal year
b. Provide the Board of County Commissioners any budget amendments to its
operating budget within 10 days after the adoption by the CRA
Exhibit A