HomeMy WebLinkAboutcocc_trans_impactfee_trustfund_disb_agrmt_2018 CFN 2018182209, OR BK 8237 Page 988, Recorded 08/14/2018 at 09:33 AM, Scott
Ellis, Clerk of Courts, Brevard County
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL,FLORIDA
for construction of a
CENTRAL AVENUE COMPLETE STREETS PROJECT
in the amount of$1,435,000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
This is an Agreement between: BREVARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
and
CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and
assigns,hereinafter referred to as "CITY".
WITNESSETH that, for and in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically
set forth in this Agreement.
1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal
corporation.
1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the
State of Florida.
1.4 DEPARTMENT: means the Finance Department of Brevard County,Florida.
OR BK 8237 PG 989
1.5 DIVISION: means the Planning and Development Department of Brevard County,
Florida.
1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V,
Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard
County,Florida.
1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between
Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990,
providing for participation in the Brevard County Transportation Impact Fee Program.
1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by
CITY.
1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit
"A" entitled "Project Description".
1.10 TIFT FUNDS:means the Transportation Impact Fee Trust; the monies given to CITY
pursuant to the terms of this Agreement.
ARTICLE II
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties herein, the
following statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of
Ordinances of Brevard County, Florida, incorporated herein by reference, provides for
the imposition of the Transportation Impact Fee and sets forth the manner and amount for
collection and use of funds.
2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference,
the COUNTY and CITY have coordinated the collection of Transportation Impact Fees
and participated in the process for project recommendations to the Board of County
Commissioners of Brevard County,Florida.
2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of
Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is
administrator, for the Program and COUNTY is mandated to comply with various
statutes, rules and regulations as to the allocation of expenditure of funds.
2.4 COUNTY is desirous of disbursing TIFT Funds to CITY However, as administrator for
•
the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures
OR BK 8237 PG 990
COUNTY, that CITY will comply with all state and local statutes, rules and regulations
and applicable codes and regulations as made known to the CITY relating to the
Project(s) and the Program, as a condition precedent to the release of such funds to
CITY.
ARTICLE III
PROJECT(S)
CITY hereby agrees to provide and implement the following eligible Project(s):
This project includes the design, engineering and construction of street, pedway and
sidewalk improvements on West Central Boulevard and Thurm Boulevard in Cape
Canaveral, Florida.
From Merritt Island/North Beaches TIFT Fund.
Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached
hereto and by this reference made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The amount payable by COUNTY under this Agreement shall be$1,435,000.00.
4.2 Following execution of this Agreement and within sixty days following receipt of
transportation impact fees from the Hampton/Home2 hotel project located at 9004
Astronaut Boulevard and the Springhill Suites hotel project located at 8701 Astronaut
Boulevard, the Planning and Development Department Director or designee shall provide
written notice to Depai liiient for the disbursement of TIFT Funds in the amount of
$1,435,000.00.
ARTICLE V
RECORDS
5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the
other as to receipt, allocation and expenditure of Impact Fees, including records as to bid -
awards and purchase orders. All such inspections shall be made upon reasonable notice
and at a reasonable time and place. Upon a request to review or obtain copies of records
by one party to the other hereunder, the party responding to a request for review shall
furnish assistance as well as copies of appropriate records for the project to the requesting
Part3'.
OR BK 8237 PG 991
5.2 If CITY has awarded a contract to an independent contractor to perform Project(s)
services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's
invoices stating the services rendered and the date the services were rendered specifically
identifying TIFT Funds used.
5.3' CITY agrees to furnish to the Planning and Development Department Director, status
reports on November 1 of each year identifying the interest accrued, the expenditures to —
date and the project progress.
ARTICLE VI
AS SURANCES
6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and
codes and regulations. Any conflict or inconsistency between state or local guidelines
and regulations and this Agreement shall be resolved in favor of the more restrictive
regulations.
6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the
right to examine all records,books,papers, or documents relating to the Project(s).
6.3 CITY hereby agrees to maintain books, records and documents in accordance with
standard accounting procedures and practices of the CITY which sufficiently and
properly reflect all expenditures of funds provided by COUNTY under this Agreement.
6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in
Article VIII. All TIFT funds not expended within the term of this Agreement shall be
returned to the custody and control of the COUNTY. An administrative extension, if
requested prior to expiration, may be granted by the Planning and Development
Department Director for a period not to exceed one hundred eighty (180) days if just
cause is shown.
6.5 CITY agrees to complete each project identified m this agreement. In the event TIFT
Funds are not sufficient, the CITY may submit to the COUNTY a request for additional
revenue from the TIFT Funds. However, if additional revenue is not provided pursuant
to that request, the CITY agrees to utilize its independent resources to complete the
project
6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be
expended in violation of the Agreement, it shall be responsible to refund such monies in-
full to COUNTY.
6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty
(60) days following the expiration date in Article VIII or within sixty(60) days following
an administrative extension under Section 6.4, if applicable, along with a completed
Form B, attached hereto and by this reference made a part hereof. An administrative
extension for the return of funds, if requested prior to the sixty (60) day expiration
period, may be granted by the Planning and Development Department Director for a
period not to exceed sixty(60) days if just cause is shown
6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY
provided that this interest shall be added to TIFT Funds committed to the Project(s) by
OR BK 8237 PG 992
the CITY and used in conjunction with the original allocation to further the eligible
project objective. Expenditure of program mterest is subject to the terms of this
Agreement with Brevard County. Any remaining TIFT funds, including the amount of
interest generated in a contract period if not expended for the approved Project(s) shall be
returned to COUNTY and shall be placed back in TIFT account for benefit of the Merritt
Island/North Beaches Benefit District within the time periods provided in Section 6.7.
6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund
shall be used only for eligible activities specifically outlined in this Agreement.
Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund
the future capacity components for transportation facilities identified in Exhibit "A".
6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty
(60) days of the completion of each Project(s), as set out in Article III, a complete
financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached
hereto and by reference made a part hereof.
ARTICLE VII
INDEMNIFICATION CLAUSE
CITY, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, COUNTY, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the CITY's willful failure to perform any
obligation or undertaking of the CITY as set forth in this Agreement
ARTICLE VIII
TERM OF AGREEMENT
This agreement shall commence on the day the Division Director provides written Notice
to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2025
ARTICLE IX
TERMINATION
9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in
timely and proper manner its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall
thereupon have the right to terminate this Agreement and may require the return of funds
expended or committed for expenditure in violation of this agreement by giving written
notice to CITY of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of termination. If just cause is shown prior to
termination, the Planning and Development Department Director may specify in writing,
the actions that must be taken by CITY and a reasonable date for compliance; as a
OR BK 8237 PG 993
condition to avoid termination. In no event can the Agreement date be extended beyond
the periods provided in this Agreement without amendment to the Agreement executed
with the same formality and of equal dignity herewith.
9.2 In the event of termination, upon request by the COUNTY, copies of all finished or
unfinished documents, data studies, surveys, drawings, maps, models, reports prepared,
and any other like documents secured by CITY with TIFT Funds under this Agreement
shall be provided to COUNTY.
9.3 In the best interests of the program and in order to better serve the people in the impact
fee districts and fulfill the purposes of the Act, either party may terminate this Agreement
upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons
for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall
refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest
accrued therefrom.
9.4 The parties hereby agree that the following events are sufficient cause for termination of
the Agreement. Such events include,but are not limited to:
a. Improper use of TIFT Funds;
b. Failure to comply with the terms of this Agreement.
L
ARTICLE X
INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by CITY
are subject to supervision by CITY and employees or service providers shall not be deemed
officers, employees, or agents of Brevard County.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to services
rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY,
or state rules or regulations relating to the use of TIFT Funds
ARTICLE XI
ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the disbursement matters contained
herein, and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written regarding disbursements unless
specifically incorporated into this agreement by writing. This agreement does not supersede
Interlocal Agreement signed on March 6, 1990.
OR BK 8237 PG 994
ARTICLE XII
NOTICES
Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the party for
whom it is intended, at the place specified, and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. The parties designate the following as the respective places for giving of notice to-
wit:
FOR COUNTY: Director
Planning and Development Department
2725 Judge Fran Jamieson Way
Viera,Florida 32940
FOR CITY: City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral,Florida 32920
ARTICLE XIII
AMENDMENTS
COUNTY may amend this Agreement, if required by legislation, to conform with
mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such
amendments shall be incorporated by written amendment as a part of this Agreement and shall
be subject to approval of the Board of County Commissioners. Such amendment will not affect
specific activities commenced under this agreement prior to amendment which were in
compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII
and such notification shall constitute an official amendment. No other modification, amendment
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
ARTICLE XIV
CONFLICT OF INTEREST
CITY covenants that no person who presently exercises any functions or responsibilities
in connection with the Project(s) has any personal financial interest, direct or indirect, in the
Project(s) during this tenure which would conflict in any manner or degree with the performance
of this Agreement, and that no person having any conflicting interest shall be employed or
subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be
disclosed in writing to the Division.
OR BK 8237 PG 995
ARTICLE XV
SEVERABILITY
If this Agreement contains any unlawful provisions not an essential part of this
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by either
party, be deemed stricken from this Agreement without affecting the binding force of the
remainder of the Agreement.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the
COUNTY and,CITY by their duly authorized representatives on the respective dates below.
4
IE ?F{
`,N4","k,,. ,fir'-„ "„1- ;i; �3��' ,`h.i ,' OF
BREVARD COUNTY BOARD
A`TTE T',- �f t � f k' COUNTY COMMIS IONERS
pp, t:".4 4w.- i1IIfft C
ScotetAisVC`,�le'rk',`. s � '' , , Rita Pritchett, Chair
,,;• :, ��;,'T ..Q1-;,,} `r, As approved by the Board of County Commissioners
. .... .d' on May 22,2018
CITY OF CAPE CANAVERAL,FLORIDA
ATTEST:
ii
0 0-'141 1 J-S-'‘easful-'
M a Gofoait , CMty Clerk David L. Greene, City Manager
Date: 473p , 2018
• „
.,
OR BK 8237 PG 996
STATE OF FLORIDA §
COUNTY OF BREVARD §
The foregoing instrument was acknowledged before me this 10 day of July
2018 by Rita Pritchett, Chair of the Board of County Commissioners of Brevard County,Florida,
who is personally known to me or produced as
identification and who did take an oath.
Tx Or&
NOTARY PUBLIC - State of F�
lorida
<►R""4s,a DEBORAH W THOMAS, 4
Notary Public-State of Florida
r:SPIVCommission#FF 997773
tits ;vs
s Bonded th ough National N tary Ass n
— — - -- - J
STATE OF FLORIDA §
COUNTY OF BREVARD §
The foregoing instrument was acknowledged before me this day of
20 L. Greene, City Manager of the City of Cape Canaveral, Florida, 45 is
ersonally know to me or produced as identification and
who did take an oath.
%'• PATAICE C.Hl1FFMAN
= MY COMMISSION t FF 178662 NOTARY PUBLIC - State of Florid
�•.���ti EXPIRES:November 23,2018 .
�•��`, Banded Thru Notary Pubtlo Underwriters
4
OR BK 8237 PG 997
EXHIBIT "A"
PROJECT(S)DESCRIPTION
This project includes the design, engineering and construction of the Central Avenue Complete
Streets Project in the City of Cape Canaveral, Florida.
The proposed scope of work includes but is not limited to the right-of-way acquisition, purchase
of professional engineering and design services, related permitting and administrative expenses,
and construction services and materials for the completion of the following tasks along West
Central Boulevard and Thurm Boulevard, a distance of approximately 4,940 linear feet. Tasks
include but are not limited to the following:
• Construct an 8-foot wide pedway where appropriate;
• Construct a 6-foot wide sidewalk where appropriate;
• Replace concrete curbing where necessary;
• Mill and resurface West Central Boulevard from Thurm Boulevard to Astronaut
Boulevard;
• Install solar-powered LED street lighting along both sides of roadway;
• Plant native vegetation "islands" along the roadway;
• Install pedestrian benches and trash receptacles along the sidewalks;
• Relocate sanitary sewer lines in the West Central Boulevard right-of-way; and
• Miscellaneous Striping, Signage and Upgraded Paving as needed.
The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan
and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to
establish a "Complete Streets" policy. The project is contained in the City's Capital
Improvements Plan.
From Merritt Island/North Beaches TIFT Fund.
0
EXHIBIT "B"
FINAL ACCOUNTING FOR PROJECT
Project Name: West Central Boulevard Complete Streets Improvements
From Merritt Island/North Beaches TIFT Fund
Date
Impact Fee Project Program Unexpended
Activity Check # Deposit Expense Interest* Funds
Totals
* Based on SBA Interest Rate applicable to each month.
OR BK 8237 PG 998