Loading...
HomeMy WebLinkAboutAgenda Packet 9-17-13 Regular - Pt 2 (OCR)City of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday September 17, 2013 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CITY ATTORNEY'S REPORT: 6:05 p.m. — 6:10 p.m. AUDIENCE TO BE HEARD: 6:10 p.m. — 6:25 p.m. Cocoa Beach Mayor Dave Netterstrom 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 City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for City Council Workshop and Regular Meetings of August 20, 2013 and City Council Special Meeting of September 3, 2013. 2. Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. 3. Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.oryg • email: info@cityofeapecanaveral.org City of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 2 of 3 Engineering Design Services related to the installation of a stormwater exfiltration/reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. 4. Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. 5. Resolution No. 2013-21; authorizing an Agreement for Fire Protection and Emergency Medical Services between the City and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date. 6. Resolution No. 2013-22; authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. PUBLIC HEARING: 6:30 p.m. — 6:45 p.m. 7. 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. 8. Resolution No. 2013-19; 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. City of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 3 of 3 ITEMS FOR ACTION: 6:45 p.m. — 7:00 p.m. 9. Award the bid for construction of the New Cape Canaveral Volunteer Fire Department (CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35; authorize the City Manager to execute documents related to same; approve the re -organization of the Council Meeting room to provide office space for two CCVFD Staff in lieu of renting office space during construction and authorize staff to negotiate a loan in lieu of using reserves. REPORTS: 7:OOp.m.-7:15p.m. 10. Council. 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 City Council 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 City 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 City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. Subject: Resolution No. 2013-22; authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: Wayne Ivey, elected November 2012, replaced J.R. "Jack" Parker as Brevard County Sheriff. The current Agreement for Municipal Law Enforcement Services with the Brevard County Sheriff's Office commenced on October 1, 2011 and remains in effect through September 30, 2013. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, hereinafter referred to as "Sheriff' or "BCSO", shall enter into an Agreement for BCSO to provide Municipal Law Enforcement Services. This Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the Agreement price each year for the term of the Agreement. Article 1 — Definitions for the Agreement. Article 2 — The Level of Law Enforcement Service, which is 24-hour law enforcement service with a minimum of two deputies on patrol. It also establishes the staffing levels for the Agreement. Article 3 — Identifies Ancillary Services available such as, but not limited to, county -wide Selective Enforcement Unit; Aviation Unit; Prisoner and Detention Center Services; Homicide/Major Crimes Unit; K-9 Services; Crime Scene Unit; Watercraft/Boats and Dive Team. Article 4 — Capital Equipment purchases are the BCSO's responsibility. Vehicles previously purchased by the City will be returned to the City when they are replaced or the Agreement is terminated. The City agrees to provide facilities for use by BCSO. Article 5 — All persons employed to perform the services, functions and responsibilities of the Agreement are employees of BCSO. The City is not liable for payment of salaries, wages, contributions to pension funds, insurance, workers' compensation, etc. Article 6 — The Sheriff has full and complete responsibility for the control of the standards of performance, discipline of personnel and other matters related to the services, duties and responsibilities of the Agreement. The City Manager has the right to request transfer of personnel who, by mutual agreement, fail to perform in a manner consistent with standards of the Agreement. Article 7 — Sets the compensation the City will pay BCSO. Provides for FY 13/14 the City will pay $2,531,345. This represents the total Contract price of $2,655,345 minus $124,000 credit for services provided to Avon -by -the Sea. Monthly payments of $210,945.42 will be made to BCSO. Article 8 — Patrol units must be prominently marked with the name "Cape Canaveral". Article 9 — This Article deals with natural disasters, emergency operations and funding for same. Article 10 — Establishes that the City is responsible for application; administration and Special City Council Meeting 09/17/2013 Item No. Page 2 of 2 disposition of grants. Article 11 — This Article sets forth insurance requirements/responsibilities of the parties. Article 12 — Provides for distribution of Forfeiture Funds collected from operations originating by personnel assigned to the Precinct; and when personnel assigned to the Precinct participate in operations outside of the City. Article 13 — This Article sets forth how Police Education Income Funds will be distributed for continuing professional education of personnel assigned to the Precinct. Articles 14 through 22 — These Articles cover standard Contract provisions including, but not limited to, Hold Harmless Clause; Disputes and Disagreements; Notice; Term of Agreement; Modification; Termination; Legality of Agreement; Totality of Agreement; and Public Records. Submitting Department Director: Angela M. Apperson 0 Date: 09/09/2013 Attachments: Resolution No. 2013-22 and BCSO Agreement Financial Impact: As reflected in the City's 2013-2014 Proposed Annual Budget and reflected in the 2013-2015 Agreement, the compensation to be paid by the City to BCSO shall be $2,655,345 Tess $124,000 credit for Avon -By -The -Sea for a net pay cost of $2,531,345 for FY 2013-2014. Reviewed by Finance Director: John DeLeo Date: Cl The City Manager recommends that City Council tak the following action(s): Adopt Resolution No. 2013-22. Approved by City Manager: David L. Greene .9 - Date: ///v/43 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain RESOLUTION NO. 2013-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. • SECTION 2. Agreement for Municipal Law Enforcement Services. The Mayor and City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2013 through September 30, 2015. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2013-22 Page 1 of 2 SECTION 4. Severability. If any section, clause, phrase, word, or provision of this Resolution 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 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of September, 2013. ATTEST: Angela Apperson, MMC, Assistant City Manager/City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh For Against CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2013/2014 — FY 2014/2015 This Agreement made and entered into this day of , 2013 by and between the City of Cape Canaveral, a municipality, chartered in the State of Florida, by and through its elected City Council, hereinafter referred to as the "CITY", and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, a county constitutional officer and a county charter officer, hereinafter referred to as the "SHERIFF" or "BCSO". WITNESSETH WHEREAS, the CITY is located within Brevard County, Florida; and WHEREAS, the CITY is desirous to contract its law enforcement services to the SHERIFF; and WHEREAS, BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I, DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement. 1. Administrative Assistant: A non -sworn exempt employee of the SHERIFF whose primary duties are of an administrative role and management of the administrative functions of the Commanding Officer. 2. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 1 of 18 personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 3. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed by the SHERIFF. The primary duties of this position are responding to emergencies, crimes, public service, accident investigation and pro -active patrol of a designated geographical area. 5. Effective Date: October 1, 2013. 6. Fiscal Year: A period of time beginning on October 1St of the designated year and ending September 30th of the following year. 7. General Crimes Agent: A sworn law enforcement officer employed by the SHERIFF whose primary duties include investigation of felony crimes, such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated Battery, Forgery, Fraud and other crimes designated by the Commanding Officer, Canaveral Precinct. 8. K-9 Unit: A sworn law enforcement officer employed by the SHERIFF teamed with a trained K-9. Primary duties include routine active patrol, tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 2 of 18 9. Lieutenant: A sworn law enforcement officer of managerial rank employed by the SHERIFF. This position is responsible for the administration of precinct operations, facilitation of continuing training of precinct personnel, coordination of emergency and tactical operations and may serve as acting commander in the absence of the Commanding Officer. 10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF, whose primary duties include routine office tasks, greeting the public in person and on the telephone, and initiating case reports. 11. Patrol: The actual patrolling of the jurisdictional area of the CITY by the SHERIFF through his deputies, and attending to an observed or reported incident or availability to provide law enforcement services. 12. Public Service Aide: A non -sworn employee of the SHERIFF whose primary duties are to augment road Deputies by handling non -emergency and non -in -progress calls. 13. School Resource Officer: a sworn law enforcement officer employed by the SHERIFF. This program is designed to foster the development of positive attitudes by the youth toward the law and law enforcement officers in the school environment. Duties include crime prevention, counseling and teaching gang resistance and substance abuse prevention. 14 Sergeant: A sworn law enforcement officer of supervisory rank, whose primary duties include the direct supervision of a shift of deputies or specialty unit, generally assigned to a particular shift. This position is also City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 3 of 18 responsible for the same duties as listed for a Deputy Sheriff in Paragraph 1.4 of this Agreement. 15 Service Comprehensive professional law enforcement and protection on a twenty-four (24) hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro -active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. 16. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. 17. Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. 18. Special Operations Officer: A sworn law enforcement officer whose primary duties consist of crime prevention, special community projects, directed patrol, supervision and administration of the Citizen Observer Program and problem solving within the community. 19 State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. 20. Traffic Enforcement Deputy: a sworn law enforcement officer employed by the SHERIFF. Primary duties consist of traffic enforcement, accident investigation, directed patrol and special community projects. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 4 of 18 ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE: As a nationally accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Order 200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of the CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 5 of 18 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Major 1 Lieutenant 5 Sergeants 16 Deputies 2 General Crimes Agents 1 School Resource Officer (SRO) at Cape View Elementary 1 Traffic Enforcement Deputy 1 Special Investigations Agent (shared position with BCSO) 1 Administrative Assistant 2 Public Service Aides 2 Office Assistants/Desk Officers 5. BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 6. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE III. ANCILLARY SERVICES In addition to those services and responsibilities hereinabove described, BCSO shall provide the CITY, with the following expertise, services and facilities as the same might be required from time to time on an availability/priority basis as determined by the SHERIFF. 1. Countywide Selective Enforcement Unit; 2. Aviation Unit; 3. Prisoner and Detention Center Services; 4. Homicide/Major Crimes Unit; 5. K-9 Services; City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 6of18 6. Crime Scene Unit; 7. Watercraft/Boats and BCSO Dive Team; 8. BCSO attendance of meetings of the CITY, when requested; 9. Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ARTICLE IV. MAINTENANCE OF ABILITY All Capital Equipment purchased by the SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of the SHERIFF. Ownership of such equipment shall remain with the SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement shall remain with the CITY. Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. The CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by the CITY for use by the SHERIFF, the CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V. EMPLOYMENT RESPONSIBILITY All Deputy Sheriffs, supervisors and other persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 7 of 18 pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of the CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. The CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who, by mutual agreement of the City Manager and the Sheriff, fails to perform in a manner consistent with standards contemplated herein. 2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with the SHERIFF; provided, however, BCSO agrees that it will cooperate with the CITY so as to concentrate its efforts in particular areas City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 8 of 18 or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII. CONSIDERATION 1. The compensation to be paid by the CITY to BCSO for Fiscal Year 2013 — 2014 shall be the sum of Two Million Six Hundred Fifty-five Thousand, Three Hundred Forty Five Dollars ($2,655,345), to be calculated as follows: Fee amount for services of $2,655,345 Tess credit for Avon -by -The -Sea of $124,000 for a total of $2,531,345. 2. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of $210,945.42 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. 4. Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after the CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to the SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should the CITY desire that the SHERIFF provide services at a higher level than contemplated herein, the CITY, through its City Manager, may negotiate with the SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 9 of 18 7 Cost of Investigation funds received by BCSO shall be remitted to the CITY on a quarterly basis. ARTICLE VIII. SPECIAL EQUIPMENT: PROVISO BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral", prominently displayed on Patrol Units. ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between the CITY and the SHERIFF, the CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of the CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of the CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by the SHERIFF, and employees in all precincts/offices performing non- essential functions on a county -wide basis are granted paid administrative leave by the SHERIFF to return home, those employees of the SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non-essential employees of the SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 10 of 18 (1) Employees of the SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from the SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of the SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of the SHERIFF who are required to work during the recovery effort period, as established by the SHERIFF shall be paid time and one half for all hours worked during the recovery effort period (c) Employees of the SHERIFF who are on a pre -approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X. GRANTS The SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. The CITY shall be responsible for the application, administration and disposition of any and all such grants. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 11 of 18 ARTICLE XI. INSURANCE The SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. The SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. The SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by the CITY. 2. The CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by the CITY to the SHERIFF and shall name the SHERIFF as an additional insured, at no cost to the SHERIFF. 3. The CITY assumes all risk of Toss not covered by insurance. ARTICLE XII. FORFEITURE FUNDS 1. The SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of the CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within the CITY. 2. Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: (a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 12 of 18 the CITY, upon forfeiture, will be awarded to the CITY, Tess the attorney fees and other direct costs of the forfeiture proceeding. S uch proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within the CITY. (b) Proceeds exceeding $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to the CITY; and, (2) Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy S heriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. (c) Proceeds exceeding $10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of D eputy Sheriffs funded by Brevard County assigned to the operation Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. 3. If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of the CITY, the CITY shall advance all legal costs related to the forfeiture. Should the CITY refuse to advance such costs, the SHERIFF may elect to fund the legal costs of the City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 13 of 18 forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of the SHERIFF. 4. The SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by the SHERIFF will be made to the CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of the SHERIFF. ARTICLE XIII. TRAINING The CITY upon request of the SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to the SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV. HOLD HARMLESS CLAUSE The CITY and the SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other, whether occurring before or after the CITY and the SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV. DISPUTES AND DISAGREEMENTS During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically, in writing, by the party -claiming City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 14 of 18 dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI. NOTICE Notices, claims and any other matter requiring written communication to a party shall be given as follows: To The SHERIFF: Brevard County Sheriffs Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To The CITY: City of Cape Canaveral Attn• City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII. TERM OF AGREEMENT This Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. ARTICLE XVIII. MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX. TERMINATION Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 15 of 18 of this Agreement shall be given not Tess than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX. LEGALITY OF AGREEMENT Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI. TOTALITY OF AGREEMENT This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between the City and Sheriff as to the subject matter hereof. ARTICLE XXII. PUBLIC RECORDS. In accordance with section 119.0701, Florida Statutes, Sheriff agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes Sheriff agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Sheriff also agrees to City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 16 of 18 provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Sheriff shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Sheriff shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Sheriff upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, except to the extent that Sheriff as a Florida county constitutional officer is required to retain and maintain any and all such public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Sheriff does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Sheriff fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Sheriffs failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Sheriff prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Sheriff. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Sheriffs failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. THE NEXT PAGE IS PAGE 18, THE SIGNATURE PAGE. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 17 of 18 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Wayne Ivey, Sheriff Approved as to form and content: Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Approved as to form and content: Anthony A Garganese, City Attorney City of Cape Canaveral Date: City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012-2013 and 2013-2014 Page 18 of 18 City of Cape Canaveral City Council Agenda Form City Council 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 Plan 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 $100,000.00/10 -yr. CRA loan. The document includes an interlocal agreement, agency note and an amortization schedule. The purpose of the loan is to: 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. The Community Redevelopment Agency recommended approval of this item prior to the City Council meeting on 9/17/13. Submitting Director: Todd Morley C IiVC Date: 09/10/2013 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). City Council Meeting Date: 09/17/2013 Item No. 7 Page 2 of 2 (b) City Attorney's Office (legal). (c) FL Today (advertising). (d) Allen Engineering (survey work/boundary description) Financial Impact: $100,000.00 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° :ff time and effort to prepare this Agenda item. Reviewed by Finance Director: John DeLeo The City Manager recommends that the City Co Approve Joint Resolution No. 2013-18 as recomme Date: co043 it take the following action(s): d by the CRA Board. Approved by City Manager: David L. Greene v `Y -a -t - City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Date: 1//oft? Attachment 1 JOINT RESOLUTION NO. 2013-18 A JOINT RESOLUTION 01? THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"); PROVIDING FOR THE APPROVAL QF AN INTERLOCAL AGREEMENT AUTHORIZING A LOAN FROM THE CITY TQ 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 EFFEC 1 E DATE. WHEREAS, in 2012 the City created the Agency pursuant to Resolution 2012-16; 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 2013/2014; 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 Nan; 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 Plan; 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 Page 1 of 4 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 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 teems and conditions of the attached Interlocal Agreement to be consistent with the Agency's Redevelopment Plan and hereby fully incorporated into the Agency's Redevelopment Plan 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 si HA 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 "1" is hereby approved by the City and the Agency and shall be deemed fully incorporated into this Joint Resolution by this reference ("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 Joint 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 Randels 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 lomt Resolution No. 2013-18 Page 4 of 4 ATTACHMENT 1 INTERLOCAL AGREEMENT Prepared by and return to: Anthony A. Garganase, City Attorney Brown, Garganess, Weiss & D'Agreste, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 INTERLOCAL AGREEMENT (CRA Initial Funding Loan Agreement) This Agreement entered into this 1ST 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 2012-16; 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 2013/2014; 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 • • • Interfocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 1 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 funding to the Agency for purposes of allowing the Agency to commence redevelopment activities in furtherance of the Agency's Redevelopment Plan 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 funding 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 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, 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 other 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 INCORPORA'T'ION 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) "Ad" means the actions by the governing body of the Agency and the City Council creating the Agency and authorizing 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 163.358(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 NO/100 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 ►� City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 4 of 24 (5) "Area' 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) (8) "City Council" means the elected governing body of the City. "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)s "Holder," "Note Holder,° "Registered Holder," or "Registered Owner" means the registered owner or owners (or its or their authorized representative) of • any of the Notes. (11) "Increment Revenues" means any monies deposited in the Redevelopment Trust Fund pursuant to Section 163.387, Florida Statutes, plus any investment earnings thereof. (12) "Investment Obligations" means any obligations in which surplus funds 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 Funding 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 163340, 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 plans. (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 • Interiors' Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page 6 of 24 (b) 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. 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 carry 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. Ez 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. interim] 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 m order to further 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 proceeds 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 Rely to be greater and the time until issuance longer if the Agency Notes are sold at public sale by competitive bid Intearlocal Agreement City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan Agreement Page8of 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 sale; short term 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 5. AUTHORIZATION. 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 163358(3) and Section 163.385(1), Florida Statutes. SECTION 6. PAYMENT OF PURCHASE PRICE. On October 1, 2013, the City shall make the requested payment of the Purchase Price to the Agency by depositing funds 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 Start-up Expenses, as provided in Section 12 below, the City shall pay to the Agency an amount equal to the Interlocal Agreement City of Cape 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 Dollars ($100,000.00) 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. lc) 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 teams 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 Crty of Cape Canaveral - Cape Canaveral Community Redevelopment Agency CRA Initial Funding Loan 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. (fl 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 Commtmity Redevelopment Agency CRA Initial Funding Loan Agreement Page llof 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) hi 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 law, 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 jnrisdiction, or, if any such action is appealable, in the opinion of counsel to the City (which opinion is acceptable to the Agency), suchappeal 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 EXHIBIT "A." The signatures of the Chairman or other officers of the Agency authorized to sign the Agency Note shall *be manual. The seal (if any) of the Agency shall be impressed, imprinted, reproduced or lithographed on each of the Agency Notes. Each of the Agency Notes Aril 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 MUTILATED. DESTROXEDMILEN 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. Any mutilated Agency Note shall be surrendered to and • canceled by the Agency. Interlocal Agreement City of Gape 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 shallbe 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 11. FORM OF NOTE. Each of the Agency Notes shall be substantially in the form of the note attached hereto as suattui'ii "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 EXPENSE& 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 finds 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 TRE 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 Funding 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) Plage 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 Agency. 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. (1) Trust Funds. As provided by Section 159.11, Florida Statutes, and this Agreement, all accounts created herein shall constitute finest 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 01? 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 lien 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 funds • 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 Ttvst 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 aclmowledge that the only sources of payment to the City of the Agency Notes 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. SECTION 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 EAtuurrAn 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. THLS 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 shell 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 mill and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement • SECTION 22. CONTROLLING 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 laws 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 laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Brevard County, Florida. SECTION 23. NO MEMBER LL4BILITY. 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 01? 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 Finding 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. Pam inATlON 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. jj u t tCTIVE 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. Nil EST (SEAL): Angela Apperson, City Clerk STATE OF FLORIDA COUNTY OF BREVARD • • CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor • I HEREBY Leatur Y 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 0 who produced 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 2.4 • ATTEST: By: Angela Apperson Recording Secretary STATE OF FLORIDA COUNTY OF BREVARD • CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY Rocky Randels, Chairperson • I HEREBY Lenin' that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Rocky Randeis, Chairperson of Cape Canaveral Community Redevelopment Agency, 0 to me known personally or 0 who produced 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 24 of 24 Emit "A" • UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY 01? BREVARD $100,000.00 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 In day of October, 2013, unless prepaid prior thereto as hereinafter provided, but solely from the funds hereinafter mentioned, the principal sum of ONE HUNDRED THOUSAND AND NO/100 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 identifled in that certain Interlocal Agreement between tbe 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 term. The first installment shall be due the City on October 31, 2014 and subsequent installments 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 tax increment 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 Note 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 full 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 lien on and pledge of, and the Agency does hereby irrevocably pledge to the payment of this Note and the interest thereon, (i) a :,xties 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) bonds issued by the Agency and secured by the Increment Revenues (the "Agency Bonds"); 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 same 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 07 reproduced hereon, all as of the 1st day of October, 2013. ATTEST: By: Angela Apperson Recording Secretary CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY By: Rocky Randels, Chairperson Initial Funding Revenue Note Page 3 of 3 Loan Amortization Schedule • Loan amount Annual interest rate Loan pshiod In yeas Number of ris Li per year Start date of loan Optional ehdha paymenb Lee name: Punt No. Payment Date 1 10/31/2014 $ 2 10/3112015 3 10/312016 4 10!312017 5 10!3112018 6 10/3112019 7 10131/2020 8 10/31/2021 9 101312022 10 10/31/2023 Ehnen values -s_. 100.000.00. •;:: 2m. % 10. t1. 1 10/172013 •_es: ., Beginning Balance 100,000.00 $ 91,034.01 81,722.04 72.223.83 62,535.65 52,653.71 42,574.13 32.29296 21,806.17 11,109.64 1 3nheduted Extra Payment 11,13265 $ 11.132.65 11,132.65 11,13265 11,132.65 11,132.65 11,132.65 11,132.65 11,13215 11,132.85 Scheduled paynhent Scheduled number of payments Actual number of payments Total early payments Total interest Payment Total Payment $ 11,132.65 $ 11,132.65 11,132.65 Oa 11,132.65 11,13265 O P 11,132.65 10. 11,132.65 • 11,13265 11,132.85 • 11,109.64 Loan s autlirPcifY •$ 1• 1,13265 10 ,.:.• :t:•::..:1a 11,6252 PsIndpal 8,965.99 $ 9,311.87 9,468.21 9,688.18 9,881.94 10,079.58 10,281.17 10,486.79 10696.53 10,88745 Teres# 21166.87 1,82[1.88 1,834.44 1,44448 1,250.71 1.053.07 851.48 845.88 436.12 222.19 Biding Balance $ 91,034.01 $ 81,72204 72,223.83 82,535.65 52,653.71 42,574.13 32,292.96 21,808.17 11.109.64 0.00 Cumulative Entered 2,166.87 3,987.36 5,621.79 7,068.28 8,318.98 9,370.05 10,221.63 10,897.39 11,303.62 11,526.71