HomeMy WebLinkAboutAgenda Packet 9-17-13 Regular - Pt 2City of Cape Canaveral
CITY COUNCIL MEETING
:APE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
Tuesday
September 17, 2013
6:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
i:rlor.WaNs
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.org • email: info @cityofcapecanaveral.org
IFCity 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:
7:00 p.m. — 7:15 p.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
aE,
City Council Agenda Form
City Council Meeting Date: 09/1712013
Item No. _6
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 Sheriffs 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 P� 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 less $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
IJ-
Date: q -P �-J�
The City Manager recommends that City Council to the following action(s):
Adopt Resolution No. 2013 -22.
Approved by City Manager: David L. Greene Date: I ^v
City Council Action: [ ] Approved as Recommended [ ] Disapproved
Approved with Modifications 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 17'' 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, DEFINII
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 Page 1 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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, 20139
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.
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Law Enforcement Contract
Fiscal Year 2012-2013 and 2013 -2014
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
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 =2014
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 Page 4 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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.
36 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 Page 5 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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.
ARTIC
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;
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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.
ANCE 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
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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.
)YMENT: 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
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
or incidents called to the attention of the Commanding Officer, Canaveral
Precinct by the City Manager or his /her designee.
I. CONSIDERAT
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 less 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.
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
7. Cost of Investigation funds received by BCSO shall be remitted to the
CITY on a quarterly basis.
ARTICLE VIII. SPECIAL EQUIPMENT: PR
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:
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Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
(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 Page 11 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
LE 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 loss 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 Page 12 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
the CITY, upon forfeiture, will be awarded to the CITY, less the
attorney fees and other direct costs of the forfeiture proceeding.
Such 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
Sheriffs 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
Deputy 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.
30 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 Page 13 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
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.
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. DISPUT
REEMENTS
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
EMENT
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.
:LE XVIII. MODIFICATION.
This Agreement shall not be modified except by a written Modification
Agreement, signed and properly approved by both parties hereto.
TICLE XIX. TERMINAT
Either party may terminate this Agreement without cause or further liability to the
other, upon written notice, to the other party.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013-2014
Written notice for the termination
Page 15 of 18
of this Agreement shall be given not less 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.
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.
:LE 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 Page 16 of 18
Law Enforcement Contract
Fiscal Year 2012 =2013 and 2013-2014
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 Page 17 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and the year first written above.
ATTEST:
Approved as to form and content:
SHERIFF OF BREVARD COUNTY, FLORIDA
Wayne Ivey, Sheriff
Charles Ian Nash,
General Counsel for Sheriff Wayne Ivey
Date:
ATTEST:
Approved as to form and content:
MAYOR OF THE CITY OF
CAPE CANAVERAL, FLORIDA
Rocky Randels, Mayor
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Date:
City of Cape Canaveral Page 18 of 18
Law Enforcement Contract
Fiscal Year 2012 -2013 and 2013 -2014
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/1712013
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 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. %
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 rOff time and effort to prepare
this Agenda item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that the City Co it take the following action(s):
Approve Joint Resolution No. 2013 -18 as recomme n d by the CRA Board.
Approved by City Manager: David L. Greene Date: o
City Council Action: [ ] Approved as Recommended
[ ] Disapproved
[ ] Approved with Modifications
Tabled to Time Certain
Attachment 1
JOINT RESOLUTION NO, 201348
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 TQ THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY, IN AN AMOUNT NOT TO EXCEED $100,0000009
FOR PURPOSES OF INITIALLY FUNDING THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY SO IT CAN COMMENCE REDEVELOPMENT
ACTIVITIES WITHIN THE REDEVELOPMENT AREA
AND REIMBURSE THE CITY FOR CERTAIN START -UP
EXPENSES INCURRED BY THE CITY TO ESTABLISH
AND CREA'T'E THE AGENCY; PROVIDING FOR THE
INCORPORATION OF THE TERMS AND CONDITIONS
OF THE INTERLOCAL AGREEMENT INTO THE
REDEVELOPMENT PLAN OF THE CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, NO CONFLICTS; SEVERA BILIx`Y, AND
AN EFFECTI'V'E DATE.
W11EREAS, in 2012 the City created the Agency pursuant to Resolution 2012 -16; and
WHEREAS, the Agency has not received any tax increment financing because it was
recently created and is uncertain as to how much, if any, tax increment financing it will receive in
fiscal year 2013/2014; and
WHEREAS, the Agency is in need of initial funding so it may commence operations as a
community redevelopment agency and begin implementing the Agency's Redevelopment plan;
and
WHEREAS, the City desires to lend initial funding to the Agency for purposes of
allowing the Agency to commence redevelopment activities in furtherance of the Agency's
Redevelopment Plan; and
WHEREAS, the Agency also desires to reimburse the City for certain start -up expenses
that were incurred to establish the Agency including, but not limited to planning, engineering and
legal fees; and
WHEREAS, the Florida Attorney General has previously opined that such loans between
a city and redevelopment agency complies with Florida law. See Op. Fla, Att'y Gen. 2001 -30;
and
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 2013 -1$
Page ] of 4
WHEREAS5 it is necessary and proper for Agency to borrow ill /' to commence
redevelopment 1 1 :s Within the ' Redevelopment and to reimburse, the City 1
startmup expenses incuff f to create the Agency, 1
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 terms 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 THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CAPE CANAVERAL
COMMUNITY REDEVELOPM ENT AGENCY, AS F'OLLO'WS:
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 26 Adoption of Interlocal Agireement. The Interlocal Agreement attached
hereto as A.TTACEMENT "1" is hereby approved by the City and the Agency and shall be
deemed fully incorporated into this Joint Resolution by this reference C'Interlocal Agreement").
Section 3. Incorporation into the Agency's Redevelopment Plan. The Interlocal
Agreement shall hereby be deemed fully incorporated into the Agency's Redevelopment plan and
shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the
Community Redevelopment Act of 1969.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council and Agency are hereby repealed.
City of Cape Canaveral and Cape Oanaveral Community Redevelopment Agency
Joint Resolution No. 20134 8
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 A.pperson, City Clerk
Rocky Randels, Mayor
12
John Bond
Y
Buzz Petsos
Rocky Randels
FOR
AGAINST
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 201348
Page 3 of 4
ADOPTED at a Meeting of the governing 1•: 1 of the Cape
Canaveral Community
Redevelopment Agency, 11 1 1 this ! day of September,
• I ' I 1 I ' F 11
ATTEST:
Angela Apperson, Recording Secretary
Name
John Bond
f 1 1 •
�i MMO
Rocky Randels
Betty Walsh
Approved as to form and legal sufficiency for the
City and Agency only:
Anthony A. Garganese, City and Agency Attorney
FOR
AGAINST
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 201348
Page 4 of 4
ATTACHMENT I
return Prepared by and
Anthorry Gargenese, Aftomey
1. f Office Box
{407) 425 -8566
%, 6 MM il M Q I
OWN
1 1> 1 t 1IR41011VIAVA ' 11 '
This Agreement entered into this 1ST day of October, 2013, by and between the CITY
OF CAFE CANAVERAL, FLORIDA, a municipal corporation of the State of Florida ( "City"),
politic 11 corporate M 1 / 1 i 1 �R Chapter 1 on t; Statutes Ill 1 :
•W
Canaveral Resolution No. 201246 ( "Agencyx).
WITNESSETH:
WMAREAS, in 2012 the City created the Agency pursuant to Resolution 2012461m and
Wi 1 the Agency has not : • any *increment fmanemig because it '
recently created and is uncertain as to how much, if any, tax 'increment fmancing it will receive
in fiscal year 201312014; and
t • t 1 1 1 1 ,� • 11 • 1 1 t 1 1 ; t• 1
cornmunity redevelopment agency and begin binplementing the Agency's Redevelopment :1
;(1
1 ;1W 1 1 1WWI
.
• t I I! ' Loan J '..111 1
• • of
WHEREAS, the Agency also desires to reimburse the City for certain start -up expenses
1 :. 1 • 1 /• III 1• Of / 1 • . I 1 t' t 'J i 1'
1 rd I • : 167 .1 t
WHEREAS, the City desires to contribute initial funding to the Agency for purposes of
allowing ' Agency 1 commence redevelopment r Rutherance I the ! ,
Redevelopment '/ and to allow the Agency to rcimburse the f expenses over loan
i� 7011111 ILI I • / • • /1 1 • tt• • / fl llal
redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the
startmup expenses incurred to create the • I an?
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
1 the Agency this Agreement and to reimburse the for the startorup 1'I and
� '� � 1 : 11 ' •' ( 1' 1 f t • 1 1 1 1 :I 1 : :�l =- rl 1
to provide for the loan of fimds to the Agency by the 1 1 for 1 e repayment thereof from
increment 1 h deposited 1 t the Redevelopment Trust Fund, and by any other available
1 1 f• received by (Agency, • proceeds of bonds 1 1 1= may be issued by the Agency 1
t• LTI 1 1
W1 I 1 by entering into this Agreement, ` ,• 1 intent to 1 1'+
available 111 ' received by fAgency 1 repay 1 1.It granted by the 11 the startIIIIIup
Ilk
'' 1 • Funding IA= Agirftmnt
Page 2 of
17;6i 1 ' :;Z 111 1 F7Z I/ ii ii ' / 1 1 R I 1 1 .11 v 14 Pk, 1 L I ti 3 1 1: . +1 / 91 imfl 111271 ol TIME 1 11 R l: t: 1 •
paid in full; and
WHEREAS, the City is willing to loan funds to the Agency for public and
:rl 1 1 11 r 1 1/ t %n 1 :!r 1 1 :1 1 1• G "' 11 I I t
} t r 1 !1 r • r• • 1: :1 f .1 Illl:dl t
11 :+ 11 .1 1 1 1 I t' 11 ' :1 1II I , 1 1/ : I t 1 t"
funding sources, to repay the City any funds loaned by the City to the Agency for the
` !1 7 1 1 :II 1
Q[01'a*A IN r' MI-11F7111TWUMMTO Me
herein, the parties hereto agree as follows:
' • :�1 :1 1 1 • M{ • : 1
1• 1 1 1 �J �- [I 1 : I :' :{ 1• 1 1 1 1 1
auffiorifty of Section 163.01, Flon'da Statutes, and Pmt TEL Chapter 163, Flon'da. StatuI
particularly including Section 163.400, Florida Statutes.
SECTION 2.
1A M)DA"JUD(Ma I MW
:• /.11 1 ' 1 1 t t 1 1 1 1t
•• t X 1 1 • I t s 1 t 1 �' -
SECTION 3. DEFINITIONS.
it 1 this Agreement, 1' foll i
owing 11 shall 1% 1 1 F'
11 % 1 1 ! 1:
• t :u ►' =177:
• uu+ tli • re ' 1 t It �1 ::t
' 1 t Funding Loan Agre=cnt
Page 3 of
means :: ! the 1 • t by the governing 1 1• of the Agency and the City
• ii :-: R 1 • 1 ! 1 1 • : 111 • A 1 ' t I :f • �' It R • 1
163.01, Florida Statutes, as amended, Part III, Chapter 163, Florida Statutes, and
other applicable provisions of law.
"Agency" means 1 t' Canaverd Community Redevelopment Agency
Flori&% and any successor thereto.
"Agency Bonds" means the bonds 1 be .t by the Agency
' ! 1 may be adopted I the • • 1•
1 1' •t of the Agency, and authorized an �
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
• :: dated date o delivery ! • issued 1 t
onginal principal am unt of up to One Hundred lbousand and NO/100 Dollars
($100,000.00) for •' 1 1 1 1 1 Activities pwmant to the
Redevelopment Plan f1 1 ' I'I r^. or I lesser amount as may haw
been advanced by the City to the Agency as provided in this Agreement, and SUCh
i t t • 1 may • - outstanding t • /1 time • time, • 1 purpose of • 1 1 I •
Am& to the Agency to pay cosm incurred by the Agency 'in connection with
Redevelopment Activities and Startup Expenses.
• :u : :. :et : a • li It . . • - • t ' t ;uTWA
CRA hut , Funding Loan !t .meu
Pap 4 of
(5) "Aree or "Redevelopment Area7 means the Agency's junisdictional ar��r
of operation which is legally described and set forth in City Resolution 2012 -16,
r ' rl at 1 • 1
(6) "City" means the City of Cape Canaveral, Florida, a Florida municipal
corporation.
(7) "City Council" means the elected governing body of the City.
(8) aFiscal Year" means the period commencing on October 1 of each year
erni Bodyp means the governing board of the Agency, or any
successor board, commission or council thereto.
(10)I "Holder," 'Note Holder," "Registered Holder," or "Registered Owner"
means the !J :.a owner or owners (or its or their I 1 e. representative) •
any of the Notes.
(11) aIncrement Revenues" means any monies deposited in the Redevelopment
Trust Fund pursuant to Section 163.387, Florida Statutes, plus any investment
:1. r! I_ ! -1.0,
(12) "Investment Obligations" means any obligations in which surplus funds of
local ! of government may be r. • under the Investment of Local
Government t! lus Funds Act, Part IV, Chapter : Florida Statutes,
.I•• Eaa
♦ • L :rl r +1 ♦ I I I ( I I ' - • MY III X11 • f
' Imtial Fundmg Loan AUmment
Page
(13) Tlan7 means the Redevelopment Plan adopted by the Agency and tbM
City Council pursuant to the Act for redevelopment m the area of operation of the
(14) "Redevelopment Activities" shall mean those activities falling within the
• 1 t If
,1111111 1 / !1 I1 r �• • • e• 1 :r1 f •i/1 / ,1 / / i :.�
I t I t 1 1 / 1• t t 1 : t • I/ l t : r l 1 1/ ! :. H• 1
163.340, Florida Statutes, and authorized by the Plan .
(15) "Start-up Expenses" shall mean out -of- pocket expenses which were
1: 11111111 ;11111111111 111 7 l • 1 / 1" t+ 1 11 r. :`:1 /• :11• 1 / 1 • 1
that were incurred to prepare this Agreement, resolutions, ordinances, studies,
11:1 • t , • Mal FOIJA
(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 mnount of the Agency Note being
purchased at that time by the City for the Redevelopment Activities provided in
(17) "CRA Project Account" means the Agency's CRA Project Account, which
is intemally 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
�ru � n'r
r• rr r 11 :• n 1r
CRA Initial 1 !1' Isoan Agmenmt
Page
proceeds loaned by the City to the Agency for the Redevelopment Activities shall
be deposited.
(1. S) 'Redevelopment Trust Fund" means the redevelopment trust fund of the
F. 77 IN t r • :.e
(b) Words =iporting singular numbers shall include the plural number M each case
and vice versa, and words importing persons shall include fil corporations or other entities,
ncluding governments or governmental bodies. References 1 Florida Statutes are 1 • 1.
Staft tes (2012), as amended.
SECTION 4. EMINGS AND DEEMMMATIONS.
parties hereto recogmw and find 1:r it is in the /:. interest of each and the
public 1 establish an additional cooperative relationship between the parties hereto in order 1
best carry out the purposes of the Act, specifically including the Redevelopment Activities, and
iperating activities related to redevelopment of the Area 11 a timely 11 expeditious .:
1; 1:` hereto do firther find that • Agency does not presently available 1 t
to carry out its activities under the Act because the Agency was recently created by the City, and
it 0
is nemsary that the City make ; .:/ or loans . the 111 time . 11 1 order 1
provide fiords to the Agency to carry out its duties and responsibilities under the Act. Je& Op.
FhL AttliIIly Gem 2001111111,30, Furl the parties I a • g /• find that 1 Agency's
reirabursememi of Startmi Expenses / • the City is in the best intaests of each : and the public /•
111�11i �� III III Jill
t 1 r: Ig .+111 :+ 1
Pap of
Agency, that.
hereby ► 1 - • determined t / declared ! the Governing Iii 1 { of + 1
(1) It is Mi the best interests of the citizens of the City and is contemplated by
actions in order to further the redevelopment of its Area of operation within the
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
1 111 / I I' A t• t- ' + 1! :• 11 t 1! 0.11 il I' A0 1
the Agency.
(3) The Agency Notes will be paid from all available funding sources
tUr
and any Agency Bonds that may be issued by the Agency if ffimcialiy 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 am likely to be greater and the time until
issuance longer if the Agency Notes are sold at public sale by competitive bid
Intalocal Agreement
A,= if the Agency Notes are sold at negotiated sale, and there is *no basis,
CtTA) ki to t' t . t! 11: 17M /!• •1 / 1 •:� : •t : M MI-IMSTIM
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.
MhJ
has been authorized to proceed with the implementation of the Plan, and the issuance of the
Agency Notes to pay the cost thereof is hereby authorized and approved as required by Section
163.358(3) and Section 163.385(1), Florida. Statutes.
SECTION 6.
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).
U I Mg the
vurther, no later than swh time, the Agency agrees to execute an Agency Note evidenci
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
11: 4 • MM.1 W1 0
:�� . i 1
CRA 1 r
hMal Fundi Mg a Agrement
Pap 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 Or 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 I Agency Notes t . • ' designated • I r e follo i r • • • : • 1
Cape Camveral 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 ouLstanding principal balance of each of the Initial Funding
,Agency Notes shall be equal to two percent (2 %) per annum.
'(c) The offer of the City to purchase the Agency dotes set forth above in the
principal amounts staged 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
tertns and conditions as set forth herein, is hereby accepted and the Agency Notes are hereby 0
awarded and sold to•the City upon the terms set forth herein. Payment of the purchase price of
the • :1: : l Community Redevelopment A•"1 Imtial Funding Revenue Rr sW,
be made in the form of one or more payments to the Agency of funds which shall be deposited in
the CRA P aect Account as provided hereirL The Chairman and the Record" Secretay of the
r0i Mg
1.! r4,711 'J �_ 11 t
1 • 1 :It 1 II II it • ♦ ♦ 1 11 GI = 1
W�OLS 4Y ' ' ' Inifird 11 1 T Loan ' .'J ee'It :.1
Page 10 of 24
Agency are hereby authorized to execute the 1 • as r a provided t
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 insti Ufions Mi 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 • such date, shall have • and effect as if rr..•' on re• r• 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
given to the City.
(f} So long as any portion of the principal amount of any of the Agency Notes or
interest thereon remains unpaid: (1) if any law, rule, regulation or executive order is enacted or
promulgated by any public body or governmental agency which changes the basis of taxation of
payment or causes a reduction in yield to the City with respect to the principal or interest payable
pursuant to the Agency Note, including without limitation the imposition of any excise tax or
surcharge thereon, or (2) if as a result of action by any public body or governmental agency, any
C%A InitW Funding Loan Agreement
Page of
payment is r:.1 I 1 be made ► or 1 federal, state or local tax deduction is denied
the City by reason of the ownership of, borrowing money to invest iu, or receiving principal or
interest on the Agency Note, the Agency shall reimburse the City within thirty (30) days aftr
receipt by the Agency of written demand for such payment and shall indemnify the City against
any loss, cost, charge or expense with respect to such charge.
(g) In the event it shall be necessary for the City to pay any documentary excise tax
levied or imposed upon any of the Agency Notes pursuant to Chapter 201, Florida Statutes, then
the Agency shall be required under the provisions of this Agreement to pay or indemnify the
City for the payment of such tax, provided the City shall have delivered to the Agency a notice
stating 1 : : consequence of final action by an appropriate governmental authority, 1
have been determined that the City is obligated to pay such documentary excise tax on the
i paid. The City shall
Agency Note and requesting reunbursement from the Agency of the amount
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
i Department of Revenue or other appropriate govennnental Y
taken by the Florida
agency which cannot be appealed administratively or in a court of competent jurisdiction, or, if
any such action is appealable, in the opinion of counsel to the City (which opinion is acceptable
to the Agency), such. appeal would likely not be successful; or (ii) action by any court of
. W61 I TnA. r ;11
t= 1P-,WjLL1
CRA • 1
Initial I t 1' Loan Affe=ent
Page 12 of
competent jurisdiction as to which the time to appeal has expired or as to which an appeal has
-1 1 1 1 { • `, •1 • mom imain, U ! 1 1/
SECTION 8. EXECUTION OF NQn. Each of the Agency Notes shall be signed
. I s executed 1 the name 1 of the Agency forth in the form of the note attached hereto {
The g! t of the Chairman 1 other officers of the Agency % ti :1 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
shall be t executed when a :.t by the persons w. shall respectively hold the ati
offices at the time of execution and attestation, without regard to who held the office on the
1- - 1 I IM 1' 1. 1 f'` f 1 1 11 1 1 1 1 1 1. { I 111 ! :
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.
(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.
CR& Initial Fmdmg Loan Agreement
Page 13 of 24
(b) Any such duplicate Agency Note shall constitute an original contractual
obligation on the part of the Agency whether or not the destroyed, stolen, or lost Agency Note be
at any time found by anyone, and such duplicate Note shall be entitled to the same benefits and
rights 1 to lien • t and • . I of and 1 security for payment 1.11 the , :.. and other 11 • `
id 11111 1111111�11111
t • • ' t 1 1 1 N 1 :1 • / ' at 1 " • / L11 • • • :I1 • + I 1 - t
SECTION 11. FORM OF NOTE. Each of the Agency Notes shall be substantially in
1' • tt • 1 • : 1 I 1- • : '�RJUI • 1 1 A•t • 1 •I •
insertions, due to differences in denominations and other provisions, as may be required or
permitted . this Agreement • amendment hereto),,
SECTION 12.
ACCOUNT.
(a) On October 1, 2013, the City is hereby authorized to internally transfer
4100,000.00 of the Purchase ' :•+ • •1 1 Expenses, to : separate internal 1 • or amount
hereby designated the Ca• 1: Community Redevelopment AgencYp '` Project
Account,"
1 ' 1 1 is hereby created and established. Said internal I • or account I
il: 1 11 by the The fimds 11 deposit 1 shall be withdrawn, ` -• 11 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 1 • immediately necessary to expend for Redevelopment 1 1 w and reinibursement
TnterloW J al11 :?I
of Czpe 1 asl � Cape :11 e! : Commuaity Redevelopment Agency
• ' Initial 11 1 t ' Loan Agroment
Page 14 of
of the Start -up Expenses, as heminabove provided, may be invested and reinvested in Investment
ON! III, III III It
I III C iiiiiiiiiiii FUN 11111 11 11111 :t :1 •: •1 1 i I! 1 :r1 "r1 t 111 I' • t 111 1 11 •
fiords 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 shal1 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 r 1 : 1 1 • m the CRA Project Account and 1 • reserved by the Agency for the payment of
aini • costs incurred and for t 1 the Agency obligated. to 1: sball be used to
III 10 toll M
SECTION 13, COVENANTS QE TAE 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) Punchw P The Agency covenwrits 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 " !a '111' 1 and that be
unconditionally and irrevocably •1 • e/ so 11! as any of the Agency Notes are outstanding
t unpaid to take : lawful action 1 1 e. .1 or :q during 1 Fiscal Year 1 make any
I r 1 r' v ran :fl
r / - :Its: :f + 'r, 1 if tl II ! • �+ 1 _ t 1 � .;1
IT!
7MIT4 Kai I a III 111 V 1 1 / • .11• 1 11 +: ! 1 1 • 1 t r+. : / 1 • f •
Ma 1 . 1
(b)
The payment of the principal of and
Wit
• and the does hereby • • / pledge to the payment of each of the Agency Notes
and the 1 thereon: the undistributed proceeds of the Agency • and the investment
earnings thereon in the CRA Project Account that have not been incurred or used to gay costs of
the 111 1 1 :I • of the 1 and administration and operation of 1' Agency, Increment
Revenues; (iii) all other revenue and funding sources available and received by the Agency at
any given time, 1• the proceeds from any Agency Bonds that may be :.a by the 1
with the City's approval to repay the Agency Notes.
(c)
the obligations evidenced thereby shaU 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 conti
sha ngently 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) jnvestmgnt of _Funds._ All income on investments of fiends in the CRA Project
• 1 1. 1 %• 1 I : 1• 1 . 1
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CRA Initial 11 • I1' Loan ' g M1f
Page • of
i 11 • i al_ / a}. 1 • _� :n!{ : 1 1 !. �1 • +}1 III III �• �j/ E : 1 • LI('.�•. •� 11
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
I: 1• r • I L: 1 i 1' '• 1 • f:! ;/• • f• 1 1` 1 1
(1}
Trust Funds. As provided by Section 159.11, Florida Statutes, and this
k4!J 1 1 all accounts . tom• herein • 1 A 1' twt funds to seem the payment :.t/ • 1
Agency Notes and for the purposes herein provided., shall be established with and held I such
1IIIIII III
1 11 • 1 :1 t { • " • 1 E 1' 1 n JI : �• 1 1 ' � - 1 1 �' • • 1 i 1 - • ! / •
set forth hereim
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 Fund, all other t and funding sources available :11 • received by the
Agency 91
:.l1 time, proceeds from 1 ' • 1 Bonds :r1 1 • : I 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 i • 1 to the lien upon Increment e? t R 1 : •, deposite. 1
in the Redevelopment Trust Fund, all other revenue and funding sources available and received
by the Agency any t time, the net proceeds from any such Agency Bonds and • 1 1 • in
the CRA Project • n The Agency firth firther 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
CRA W1 : W&I Rmftg • :t • • "I r,
Page 17 of
revenue and finding 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, M E'VELOPWNT TRUST EM:1?EPOSff OF INCREMXNT
REVEN�T��
(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 1
existence the Redevelopment Trust Fund and cause the deposit therein of Increment Revenues.
,b) The Agency covenants and agrees dud 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 n all Incremental
:t 111 1 It
The Agency and agrees, • long any of the Agency Notes 11 : 1
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 this
purpose of being deposited into the Redevelopment Trust Fund
(d) The Agency covenants and agrees, so long as any of the Agency Notes rem=
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
SECTION 160
In the event the
Agency 11 . fail to perform •11 promise, • :,1 or • 11 111 contained 1 m' the City
• Y: :J
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CRA Initial Ftmding Loan Agreement
Page 18 of 24
(: I - I !I �f � :If 11 "f : : t 1 111' :111 :, • :If It. � 1 � +"t I
obtain equitable relief, including injunctive relief, from any court of competent jurisdiction. The
Jr— hereto recognize and acknowledge 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 statwtory or constitutional provision.
MIIIIIIIIII
z 1 :U:• /11!. instnments, tfi or other documents (including Agency Note
substantially 1 the form attached hereto till : .y ' A as may be necessary to cause
payment of eaeb Purchaw Price { be timely made, each ' { 1 Note issued, proceeds
therefrom deposited 1 the CRA PrOject AcooI and such other purposes t1' may be necessary
under 1 is Agreemen
SECTION 184
(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 ' take 1 the :1 fixture, : necessary actions required 1 enter into this
Agreement at issue each of the Agency Notes, make 1 payment ct f I l f 1 hereby, : I/ f to
W1770K5 0 =1 \ 11111 I { ► W 1 " 1 1 11:1 1
CRA 1 TI = 1 1 1` Loan Y • "m' 1
Page, • of
AM 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
1 1 i :�. tl f 1 1 1 1 1 • I- 1! 1- 11
• nice, accept and • 1 the Agency Notes and to fUM any and all of its obligations, duties ,•
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. AMENDhMNTS* This Agreement may be amended only by the
li 1 V i- Mo 1" t - 1 1 I 1 1 '
consideration of the acceptance of their mutual duties, obligations, /• responsibilities
hereunder, 1 Agreement / /, be deemed 1 be and 1 1: con§titute a contract between the City
1 t 7, + 7, =$]I
• M 1 /1 / 111 / 1 1 I %�J + 1I :1I
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 prohtibited, or against public policy,
or hall for any reason whatsoever be held mivalid, then such covenants, agreements or
• �' •' a • n 1 1 :• : • • 11' tt aa i
CRA InitW Funding Loan Agmement
Page 20 o
provisions s1 : be null and void and shall. be deemed .. from 1 i : 1 1 • covenants;
agreements • provisions of his Agreement
SECTION 22. CONTROLLING LAW. All covenants, stipulations, obligations,
and agreements of the and the Agency •1 : 1:! in this Agreement be deemed to •:
coveriants, obligations 1• agreements of each of the City and Agency,
to the full extent authorized by the Act and provided by the Constitution or the laws of the State
• Florida. 1 and all provisions of this Agreement and any proceedings see1 • to enforce or
challenge any provisions of this Agreement shall be governed by the laws of the State of Florida
SECTION 23. NOMMER LIABUMs No covenant, stipulation, obligation or
agreement contained herein shall be deemed to be a covenant, obligation or
agreement of any present or member 1" of the goverming •11 or agent or employee of 1
City or the Agency in its, his or their individual capacity, and neither the members of the City
Council or the Govenung Body 1 the Agency, nor 1 official this Agreement 1.
be liable personally or shall be subject to any accountability for reason of the execution by the
SECTION 24.
_► myowagm.g
(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 : 1 authorized officers of each of the parties • to file this
Inteflocal Agreement
Cim, aywj urn m Redevelopment
.f
EM M1 roll 4T.1 rr • u r :ri .arr : ei
Agreement with the Clerk of the Circuit Court of Brevard County, Florida, in accordance with
Section 163.01 (11), Florida Statutes.
l• Any original Agency • • in fintherance of g 11:11 shall, be
maintained on file at Cape Canaveral City Hall for safekeeping. The Agency Note(s) shall not
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 269 VALI DAIIQN. If determined by the City Council to be necessary,
the Agency consents to, and shall cooperate with, the City Attorney Wtiating and underWdng
proceed 11lN 11• 1: • Florida I • validate 11 ' i obligations 1'I and
:mot: t tom• t 1• t • 11 J 111 t • 1• I • 1 t :�
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 284P EMCTIW DA.I 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(l 1), Florida Statutes.
PHI= M
1111 iiiim;m
r87; 111111111 rLol WWWWW111 "1% Z' on loll I
ATTEST (SEAL):
Angela Appersoa, City Clerk
IL WWU �� �• 1!-
••:�� '•�
CITY OF CAPE CANAVERAL, FLORIDA
Rocky Randels, Mayor
I HEMy CERTI]Fy &at on fl#ds day, before me, an officer duly authorized mi the State and
County aforwaid tD take Cape 1 •- Florida, I• ! known personally • 1 produced
Ualendficatim W be the person described M' and who executed the foregoing uiwtrument and he
a6milowledged. before me that he executed the same for the purposm set forth herein, and he • • no10
oath. swear an
(Notary J Sear
NOTARY PUBLIC
MY Commission Expires:
11 • !. - �Ia �1
City of Cape ! :11 . 1 : 41 • 11 11 1 • • • 111 .f1
C' ' Initial Funftg Loan Agmemmt
Page of
ATTEST.
Bye
Angela Apperson
Recording
CAPE CANAVERAL COMMUNrFY
REDEVELOPMENT AGENCY
County I 14EMY CERTIFY that on this day, before me, an offter duly authorized In the Stabe and
t +:: a ■• take acknowledgments, personally a••' a• Rocky Randels, Chairperson of
Canaveral Commumity Redevelopment Agency, 0 to me known personally or 11 who produced
aB idenfficatiort, to be the person described in arid who mcwmbed the foregoing mistrument
• .• • • :• 1a • 1 ■ :. •:• sa�ere Iitr ffiIIIIIIIJEEM! t • 1 herein. and he • •
Page 24 of
NMARY PUBLIC
My Commission Expires:
Emit "A"
$loo,000.00
11. 1 - t 1 *11�r, 0
1 1'!1•
"00 firl 01 k
AIRL011 Celli
4 IIN � }� ► ' 1 11 t : I I II If 1 I
71VIIIIII mail
1 1.1 t V :/. �• 1 1 � 1 • 11 + � / • 1 t t • at - � ! 1 � { r : 1 1 "
4 1 + 1 f 1 .:� I•: 1 1 I 1 I r l 1: 1 :i 1 r t
fl ' or • registered assigns or • +. ' 1 thereof it 1 1 A I "Registered
Owner"), on I day of October, 2013, unless prepaid I 1 I:i " 1 as hacinafter provided, 1 t
solely from fl I •:f mentioned, #I Gf 1 principal 11I of
i : 1 1 i f
091M UL, : r ' ♦ 11 .1 [ 1 • • • • : 1 :� n • 1 • ; 1 1 • • 1 • 111 1 a : • 1 • 1 1 "
! : hw :1 /1 1 1 :• • 1 ' !+ ��Ir al 1 # 1 1 1 . • r 1 1 r �•
• TWO PERCENT per annum to be used for any Redevelopment AcA A :: and
l
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:tll r:ll t: :r ver, I i mig a =:I11 1 .111 1 t 'm1 MgMt : wri Ir -1
September 1 oy ILE tVty7LaWgtMcj 1 1 ' :n• 1.1 1111 • • • 1 1" •:. P IM a ItriWi&
• t : 1 ' f t
In no even4 however, interest be charged in : • amount in, excess of 11 tl It 11
interest rate permitted to be paid by applicable law.
1; :' 1 •• 1 !" 1 :•. 1: f I I 1 1 1 1 t
1 : 1 1
• 11a 1 14 aW Subsequent { 11rl1 {. 1 1 - 1 �: 1 :. =74I,9999 •t [rA
A 1 paid intent It purpose of this Note is 1 require repa3ment no later than the
expiration 1 the ten year u
1 1 5 1 a• 1 1 • :[1 t I•/ 1 1 I 1 1 1 1: I: ••: 1: 1
rl
�r : ! ' : H X11 1 ' 1 t t 1 1 1 • 1 1 1 : it • 1 : 1 / :1{ / " • 11
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I: :1 11 • 1� :I, :111 ► 1' :1 • • � 1 ! 1 I t •►a 1 ►1: : ►:�
' a i
&cipal and interest due on this Note are payable to the Registered Owner mmediately
available funds •t! presentation • I 1 due at the offices 1 the Agency in the of Cape
Canaveral, f 1
This Note will. be subject 1 prepayment whole or per at the option 1 1Agency 11
any date prior to its maturity, without permission or penalty. Notice of such prepayment r be
given m the manner re• :1 by the Agreement :ill :•'1 hereinafter defined.
1 1 1: 1 1 1 1: 1 1' r 1 {► 1 A A 1• 11 ► I:' 1' M • :1
• � •:'1 1 r'.1 Mrl 1: �r. 1 1 :! I J :'11'1 1 �• 1 :111 1: '1.1 1: 1
October 1, 2013 CgAgrecrrimf), 11 pursuant to the authofity of and I fiffl compliance with the
Constitution : I t laws of the State of Florida, I 1 1 • particularly Part II Chapter 1 Florida
Statutes i as amended, : 1 t actions by the Agency and the City Council of the City of :n
Canaveral, 1 1: authorizing 1 Note. This Note is subject 1 all tm= and conditions of
Agreement I t 1 capitalized tmw not otherwise defined t et 1 1 shall have the sarne meanings
ascnl)ed to them Mi the Agreement
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1 1 1 � ':II 1•' t:d • • : • 1r1 `: • 1 1 :'1 • t • :11 1 I :a :�
1 :'+ 1 1 • :I l :� r 1• 1' 1 1 1 1 1:• ! 1' :' 1 1 1 11 1 I t • 1'
:? t 1 1 • A • ( • : • 1 : K : :1 1 :! 1 1 : 1 1 M, :! 11 :i 1 ' (
•111: 1 ► •1 : 1• �• ! 1 11 ! ' :f 1 •:1 :•i1 : 11 Lit
any other legally available funds of the Agency 1 • but • limited to, grants, and 1 !:i
revenues. Reference is made : • " 1 the Agreement for 1 _ provisions, among others, 1 / r to the
terms, 1 and semity for • the `f duties and obligations, • all of which 1 1 1
the Registered 1 hereof assents by acceptance hereof
This Note and the obligations 1 +i1 et hereby, ' +f1 delivered 1 the Agency pursuant to
the 1 and conditions of the Agreement :! 1 / Joint Resolution, shall 11 be or • t► an
indebtedness of 1Agency, oT State of Florida, ' 1 the meaning of any constitutionalo,
statutory or 1 :I limitations of indebtedness-, but shall be payable s• 1111 the designated
revenues, as provided the Agreement and the Resolution. No holder of this Note is have I
right 1 compcI the of the ad valorem taxing 1• w r of the City or State, • 1 1 t in
any form of any property theremi to pay this Note or the interest thereon.
It is hereby certified and recited that ill RI 11 things required to exisr to
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1
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ar
clam a
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the State of 1 1: applicable hmrto, and that the mivance of this Note does n1 1 any
constitutional or :1 1 1 limitation or provision.
♦/ fl 1 'It i/ I 1 :t f) : 1
+� : 1 :11 1 tr ♦ 1 ! :i 'a 1 : t { I ' ! f : 1 f 1: 1 1 1 :r: 1 vs Bill All" r•
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ATTEST:
Recording em
CAFE CANA'V'ERAL COMMUNITY
REDEVELOPMEaNT AGENCY
Page 3 of
Loan Amorfizaffon Schedule
Loan
L=amaumt
loan period in yeas
Number of paynwis per Year
Stortdate of ban
Optbnd axka payments
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Adud munberof payments
Told ealy payments
Total inferest
1 1.13265
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