HomeMy Public PortalAbout2014-13 Authorizing the creation of a Property Assessed Clean Energy (PACE) ProgramRESOLUTION NO. 2014-13
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE CREATION OF A PROPERTY ASSESSED CLEAN
ENERGY (PACE) PROGRAM AND AGREEING TO JOIN
THE GREEN CORRIDOR PACE DISTRICT; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2010, the Florida Legislature adopted HB 7179 (Section 163.08, F.S.)(the
"Bill"), which allows local governments to create Property Assessed Clean Energy (PACE) programs
in order to provide the up -front financing for energy conservation and efficiency (i.e. energy -efficient
heating, cooling, or ventilation systems), renewable energy (i.e. solar panels), and wind resistance
(i.e. impact resistant windows) improvements (the "Qualifying Improvements"); and
WHEREAS, PACE programs not only assist residents and business owners in reducing their
carbon footprint and energy costs, but also stimulate the local economy by the creation of needed
construction jobs; and
WHEREAS, the Bill authorizes local governments that create PACE programs to enter into
a partnership in order to provide more affordable financing for the installation of the Qualifying
Improvements; and
WHEREAS, on August 6, 2012, the City of Miami, City of Coral Gables, Village of
Pinecrest, Town of Cutler Bay, Village of Palmetto Bay, City of South Miami, and Miami Shores
Village created the Green Corridor PACE District in order to provide the up -front financing to
property owners for Qualifying Improvements; and
WHEREAS, given the wide spread energy and economic benefits of PACE programs, the
Village Council desires to join its sister cities in the Green Corridor PACE District and enter into
the Amended and Restated Interlocal Agreement attached hereto as Exhibit "A" (the "Interlocal
Agreement"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Creation of PACE Program and Joining the Green Corridor PACE
District. The Village Council hereby authorizes the creation of a PACE program and agrees to join
the Green Corridor PACE District and enter into the Interlocal Agreement attached hereto as Exhibit
Section 3. Village Manager Authorized. The Village Manager is hereby authorized
to execute the Interlocal Agreement attached hereto as Exhibit "A."
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
i
PASSED AND ADOPTED this 22nd day of April a 14.
ATTES
/d/A/9
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE t
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE A O' NEY
2
OR FRAN 1J H. CAPLAN
INTERLOCAL AGREEMENT BETWEEN THE GREEN CORRIDOR PROPERTY AS-
SESSMENT CLEAN ENERGY (PACE) DISTRICT AND
THE VILLAGE OF KEY BISCAYNE
This Interlocal Agreement (the "Interlocal Agreement") is entered into this 3 day of
k3 , 2015 by and between the Green Corridor Property Assessment Clean Energy (PACE)
District, a public body corporate and politic (the "Green Corridor"), and the Village of Key Bis-
cayne, a Florida municipal corporation (the "Village") (Collectively, the "Parties") for the pur-
pose of providing a PACE program within the Village.
RECITALS
WHEREAS, on August 6, 2012, the Green Corridor was created as a separate legal enti-
ty pursuant to Section 163.01(7), Florida Statutes, to finance qualifying improvements in accord-
ance with Section 163.08, Florida Statutes; and
WHEREAS, on April 22, 2014, the Village adopted Resolution 2014-13 agreeing to join
the Green Corridor in order to finance qualifying improvements in the Village in accordance
with Section 163.08. Florida Statutes; and
WHEREAS, the Parties have determined that entering into this Interlocal Agreement is
in the best interest and welfare of the property owners within the Green Corridor and Village.
NOW, THEREFORE, in consideration of the terms and conditions, promises and cove-
nants hereinafter set forth. the Parties agree as follows:
1. Recitals Incorporated. The above recitals are true and correct and incorporated
herein.
2. Amended and Restated Interlocal Agreement. The Parties agree that the Village
shall be subject to all terms. covenants, and conditions of the Amended and Re-
stated Interlocal Agreement recorded in the Official Records of Miami -Dade
County at Official Records Book 28217, Page 0312.
3. Voting Rights. The Parties agree that the Village shall be a voting member of the
Green Corridor for the term of this Interlocal Agreement. The Village shall ap-
point one board member to serve as the voting member of the Green Corridor.
[Remainder of page intentionally left blank.]
IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal
Agreement on this 3 day of .1.5%lS"\--. , 2015.
ATTEST:
GREEN CORRIDOR PROPERTY AS-
SESSMENT CLEAN ENERGY (PACE)
DISTRICT
atak,
By: Lue4.1, a an, By: ` w"l
Disitricttecretary District Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
ATTE
By:�..,._, / r By:
illag
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
Village Attorney
VILLAGE
EXHIBIT "A"
11111111111111111111101111111111
CFH 2012R0550022
OR Bk 28217 Pas 0312 - 333► (22aas)
AMENDED AND RESTATED RECORDED 08/06/2012 12:2013
OF
INTERLOCAL AGREEMENT BETWEEN THE TO$NEL AQEINCOOKY CLERR A FLORt0RT
CUTLER BAY, VILLAGE OF PALMETTO BAY, VILLAGE OF
PINECREST, CITY OF SOUTH MIAMI, MIAMI SHORES VILLAGE, CITY OF CORAL
GABLES & CITY OF MIAMI
This Amended and Restated Interlocal Agreement (the "Interlocal Agreement") is
entered into between the Town of Cutler Bay, Florida, a Florida municipal corporation;
Village of Palmetto Bay, Florida, a Florida municipal corporation; Village of Pinecrest, a
Florida municipal corporation; City of South Miami, a Florida municipal corporation;
Miami Shores Village, a Florida municipal corporation; City of Coral Gables, a Florida
municipal corporation, and the City of Miami, a Florida municipal corporation
(Collectively, the "Parties").
RECITALS
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969," authorizes local government units to enter into interlocal agreements for
the mutual benefit of governmental units; and
WHEREAS, Section 163.01 (7), Florida Statutes, allows for the creation of a
"separate legal entity" constituted pursuant to the terms of the interlocal agreement to
carry out the purposes of the interlocal agreement for the mutual benefit of the
governmental units; and
WHEREAS, the Parties desire to enter into an interlocal agreement creating a
separate legal entity entitled the Green Corridor Property Assessment Clean Energy
(PACE) District, hereinafter referred to as the "District;" and
WHEREAS, Section 166.021, Florida Statutes, authorizes the Parties to
exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, Section 163.08, Florida Statutes, provides that a "local government,"
defined as a county, municipality, a dependent special district as defined in Section
189.403, Florida Statutes, or a separate legal entity created pursuant to Section
163.01 (7), Florida Statutes may finance energy related "qualifying improvements"
through voluntary assessments; and
1 This Interlocal Agreement restates and amends an interlocal agreement approved by the Town of Cutler
Bay, Village of Palmetto Bay, Village of Pinecrest, and City of South of Miami, which was not recorded
and thus never became effective. Therefore, this Interlocal Agreement, upon recordation, shall serve as
the Interlocal Agreement establishing the Green Corridor Property Assessment Clean Energy (PACE)
District created pursuant to Section 163.01(7), Florida Statutes.
1
3
WHEREAS, Section 163.08, Florida Statutes, provides that improved property
that has been retrofitted with energy -related qualifying improvements receives the
special benefit of alleviating the property's burden from energy consumption and assists
in the fulfillment of the state's energy and hurricane mitigation policies; and
WHEREAS, Section 163.08(5), Florida Statutes, provides that local governments
may enter into a partnership with one or more local governments for the purpose of
providing and financing qualifying improvements; and
WHEREAS, the Parties to this Interlocal Agreement have expressed a desire to
enter into this Interlocal Agreement in order to authorize the establishment of the District
as a means of implementing and financing a qualifying improvements program within
the District; and
WHEREAS, the Parties have determined that it is necessary and appropriate to
create the District and to clarify various obligations for future cooperation between the
Parties related to the financing of qualifying improvements within the District; and
WHEREAS, the Parties agree and understand that each member of the District
will have complete control over the administration, governance, and implementation of
their own PACE program, which includes, but is not limited to, the ability to review and
approve program documents, marketing strategies, and determining eligible property
types and improvements; and
WHEREAS, the Parties have determined that it shall serve the public interest to
enter into this Interlocal Agreement to make the most efficient use of their powers by
enabling them to cooperate on a basis of mutual advantage to provide for the financing
of qualifying improvements within the District.
NOW, THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth, the Parties agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
Section 2. Purpose. The purpose of this Interlocal Agreement is to consent to
and authorize the creation of the District, pursuant to Section 163.08, Florida Statutes in
order to facilitate the financing of qualifying improvements for property owners within the
District. The District shall be a separate legal entity, pursuant to Section 163.01(7),
Florida Statutes.
Section 3. Qualifying Improvements. The District shall allow the financing of
qualifying improvements as defined in Section 163.08, Florida Statutes.
Section 4. Enabling Ordinance or Resolution. The Parties to this Interlocal
Agreement agree to approve and keep in effect such resolutions and ordinances as
may be necessary to approve, create and maintain the District. Said ordinances and
resolutions shall include all of the provisions as provided for in Sections 163.01 and
2
163.08, Florida Statutes, for the creation of a partnership between local governments as
a separate legal entity. The District shall be created upon the execution of this
Interlocal Agreement by the Parties hereto and the adoption of an ordinance or
resolution of support by the Parties establishing the District. Additional local
governments may join in and enter into this Interlocal Agreement by approval of two-
thirds of the members of the Board (as defined in Section 6 below), execution of this
Interlocal Agreement and adoption of an ordinance or resolution of support establishing
the District.
Section 5. District Boundaries. The boundaries of the District shall be the
legal boundaries of the local governments that are Parties to this Interlocal Agreement.
As contemplated in this Interlocal Agreement, the District will levy voluntary
assessments on the benefitted properties within the boundaries of the District to help
finance the costs of qualifying improvements for those individual properties. Upon
petition by the landowners of individual properties desiring to be benefited, those
properties receiving financing for qualifying improvements shall be assessed from time
to time, in accordance with the applicable law. Notwithstanding a Parties termination of
participation within this Interlocal Agreement, those properties that have received
financing for qualifying improvements shall continue to be a part of the District, until
such time that all outstanding debt has been satisfied.
Section 6. Governing Board of the District. The District shall be governed by a
governing board (the "Board,") which shall be comprised of property owners or elected
officials within the jurisdictional boundaries of the Parties to this lnterlocal Agreement
and one at large property owner from within the District. The maximum number of
members of the Board serving at any given time shall be no more than seven (7) and
the minimum number of members shall be not less than three (3). Notwithstanding the
foregoing, the maximum number of members on the Board may be increased by a two -
third majority vote of the Board. The initial Board shall serve for an initial four (4) year
term and shall consist of one (1) representative appointed by each Party from within
their jurisdictional boundaries. The initial at large member of the Board shall be
appointed by a majority vote of the Board. Ail subsequent renewal terms shall be for
four (4) years. Following the initial Board appointments, the Parties to this Interlocal
Agreement shall nominate appointees to be elected to the Board by current sitting
Board members. In the event a Board member is no longer eligible to serve on the
Board, that Party to this Interlocal Agreement shall appoint a replacement to fulfill the
remaining term of that member. The Board's administrative duties shall include all
duties necessary for the conduct of the Board's business and the exercise of the powers
of the District as provided in Section 11.
Section 7. Decisions of the Board. Decisions of the Board shall be made by
majority vote of the Board. The Board may adopt rules of procedure. In the absence of
the adoption of such rules of procedure, the fundamental parliamentary procedures of
Roberts Rules of Order shall apply.
Section 8. District Staff and Attorney. The Town Manager of Cutler Bay shall
serve as the staff to the District. In addition, the Town Attorney for Cutler Bay shall
3
serve as the counsel to the District. To the extent not paid by the Third Party
Administrator of the District (the "TPA"), all of the District's staff and attorney expenses
shall be bome by the Town of Cutler Bay. After the District has been operating for two
years, the Board may choose to hire different District staff and/or Attorney. If the Board
chooses to hire different District staff and/or Attorney, the Town of Cutler Bay will no
longer pay for the staff and/or attorney expenses to the extent they are not paid by the
TPA.
Section 9. Financing Agreement. The Parties agree that the District shall
enter into a financing agreement, pursuant to Section 163.08(8), Florida Statutes, with
property owner(s) who obtain financing through the District.
Section 10. Procurement. The Parties agree and understand that the initial
procurement for the TPA for the District was performed by the Town of Cutler Bay in
accordance with its adopted competitive procurement procedures (Request for Proposal
10-05). The Parties further agree and understand that the Town of Cutler Bay has
selected Ygrene Energy Fund, Florida, LLC (the "Ygrene") as the initial TPA. The Town
of Cutler Bay, on the behalf of the District, has entered into an Agreement between the
Town of Cutler Bay and Ygrene, dated August 16, 2011, which was assigned to the
District.
Section 11. Powers of the District. The District shall exercise any or all of the
powers granted under Sections 163.01 and 163.08, Florida Statutes, as may be
amended from time to time, which include, without limitation, the following:
a. To finance qualifying improvements within the District boundaries;
b. In its own name to make and enter into contracts;
c. To employ agencies, employees, or consultants; •
d. To acquire, construct, manage, maintain, or operate buildings, works, or
improvements;
e. To acquire, hold, or dispose of property;
f. To incur debts, liabilities, or obligations which do not constitute the debts,
liabilities, or obligations of any of the Parties to this Interlocal Agreement;
g. To adopt resolutions and policies prescribing the powers, duties, and
functions of the officers of the District, the conduct of the business of the
District, and the maintenance of records and documents of the District;
h. To maintain an office at such place or places as it may designate within
the District or within the boundaries of a Party to this Interlocal Agreement;
i. To cooperate with or contract with other governmental agencies as may
be necessary, convenient, incidental, or proper in connection with any of
4
the powers, duties, or purposes authorized by Section 163.08, Florida
Statutes, and to accept funding from local and state agencies;
1•
To exercise all powers necessary, convenient, incidental, or proper in
connection with any of the powers, duties, or purposes authorized in
Section 163.08, Florida Statutes; and
k. To apply for, request, receive and accept gifts, grants, or assistance funds
from any lawful source to support any activity authorized under this
Agreement.
Section 12. Quarterly Reports. A quarterly report of the District shall be
completed in accordance with generally accepted Government Auditing Standards by
an independent certified public accountant. At a minimum, the quarterly report shall
include a balance sheet, statement of revenues, expenditures and changes in fund
equity and combining statements prepared in accordance with generally accepted
accounting principles. All records such as, but not limited to, construction, financial,
correspondence, instructions, memoranda, bid estimate sheets, proposal
documentation, back charge documentation, canceled checks, reports and other related
records produced and maintained by the District, its employees and consultants shall be
deemed public records, and shall be made available for audit, review or copying by a
Party to this Interlocal Agreement upon reasonable notice.
Section 13. Term. This lnterlocal Agreement shall remain in full force and
effect from the date of its execution; provided, however, that any Party may terminate its
involvement in the District and its participation in this Interlocal Agreement upon ten (10)
days' written notice to the other Parties. Should a Party terminate its participation in this
lnterlocal Agreement, be dissolved, abolished, or otherwise cease to exist, the District
and this lnterlocal Agreement shall continue until such time as all remaining Parties
agree to terminate.
Section 14. Consent. This Interlocal Agreement and any required resolution or
ordinance of an individual Party shall be considered the Parties' consent to the creation
of the District as required by Sections 163.01 and 163.08, Florida Statutes.
Section 15. Liability. The Parties hereto shall each be individually and
separately liable and responsible for the actions of its own officers, agents and
employees in the performance of their respective obligations under this lnterlocal
Agreement. Except as specified herein, the Parties shall each individually defend any
action or proceeding brought against their respective agency pursuant to this Interlocal
Agreement and shall be individually responsible for all of their respective costs,
attorneys' fees, expenses and liabilities incurred as a result of any such claims,
demands, suits, actions, damages and causes of action, including the investigation or
the defense thereof, and from and against any orders, judgments or decrees which may
be entered as a result thereof. The Parties shall each individually maintain throughout
the term of this lnterlocal Agreement any and all applicable insurance coverage required
by Florida law for governmental entities. Nothing in this Agreement shall be construed
5
to affect in any way the Parties' rights, privileges, and immunities, including the
monetary limitations of liability set forth therein, under the doctrine of "sovereign
immunity" and as set forth in Section 768.28 of the Florida Statutes.
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to See Attachment
With a Copy to: See Attachment
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01(11),
Florida Statutes.
Section 20. Joint Effort. The preparation of this Interlocal Agreement has been
a joint effort of the Parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the Parties
than the other.
Section 21. Merger. This Interlocal Agreement incorporates and includes all
prior negotiations, correspondence, agreements or understandings applicable to the
matters contained herein; and the Parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Interlocal
Agreement that are not contained in this document. Accordingly, the Parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written It is further agreed that no change, amendment,
alteration or modification in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith by all Parties to this Interlocal Agreement.
Section 22. Assignment. The respective obligations of the Parties set forth in
this Interlocal Agreement shall not be assigned, in whole or in part, without the written
consent of the other Parties hereto.
Section 23. Records. The Parties shall each maintain their own respective
records and documents associated with this Interlocal Agreement in accordance with
the requirements for records retention set forth in Chapter 119, Florida Statutes.
Section 24. Governing Law and Venue. This Interlocal Agreement shall be
governed, construed and controlled according to the laws of the State of Florida. Venue
for any claim, objection or dispute arising out of the terms of this Interlocal Agreement
shall be proper exclusively in Miami -Dade County, Florida.
Section 25. Severability. In the event a portion of this Interlocal Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective.
Section 26. Third Party Beneficiaries. This Interlocal Agreement is solely for the
benefit of the Parties and no right or cause of action shall accrue upon or by reason, to
or for the benefit of any third party not a formal party to this Agreement. Nothing in the
Agreement expressed or implied is intended or shall be construed to confer upon any
person or corporation other than the Parties any right, remedy, or claims under or by
reason of this Interlocal Agreement or any of the provisions or conditions of this
Agreement; and all of the provisions, representations, covenants, and conditions
contained in this Agreement shall inure to the sole benefit of and shall be binding upon
the Parties.
7
Section 27. Effective Date. This Interlocal Agreement shall become effective
upon the execution by the Parties hereto and recordation in the public records of the
applicable county.
[Remainder of page intentionally left blank.]
8
IN WITNESS WHEREOF the Parties hereto have made and executed this
Interlocal Agreement on this ay of 11,(L' , 2012.
ATTEST:
BY:
F CUTj,9
to
0 -
'-- ,'slCORPOBATED
2005
Rva
TOWN OF CUTLER BAY, a municipal
corporation of the State of Florida
BY:
c,...5,_
Town Clerk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency
Town Attorney
9
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
n
August 16, 2011, which will be assigned to the District, extend to .all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement o t 1 day of 3",411 , 2012.
\OF Cut/
9
c55
f".COPPORATED
2005
ATTEST: TOWN OF CUTLER BAY, a municipal
corporation of the State of Florida
(
BY: ',��• 1 4 1 Ir BY: ` 4f'� no
RloN
Town - rk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency
ATTEST:
BY:
Gui Inguanzo, Jr., CMC
age CI
(Affix U Seal)
Approved by Tewn Attorney
as to form and legal sufficiency
VILLAGE OF PINECREST, a municipal
corporation of the State of Flo
BY:
9
ocely ano Go z, I ' MA -CM
Village Manager
LL:4)1 ‘te,(51
Attorney
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
Weiss Serota Hetfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
J; \ 6.4".. (Y\ G. Ss r 1 k !\I iff- o -E iss t-4. c re S4
\2keHS h. Greco 6'c.,r Le_ .i wy
l jwr.creIN , {t- 331 Se
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01(11),
Florida Statutes.
6
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on t 1 day of 3 kA 1 , 2012.
'JORPORATED
2005
A I -LEST: ! OWN OF CUTLER BAY, a municipal
orporation of the State of Florida
BY:
Town derk
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency
AI I EST:
BY:
(Affix Town Seal)
Approved by City Attorney
as to form and legal sufficiency
Town Attorney
CITY OF SOUTH MIAMI, a municipal
corporation of the State of Florida
/L e o lv
9
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified- U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the 'place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 331.89
Weiss Serota Helfrnan
Pastoriza Cole '& Boniske, ,P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables,'Floride"331-34
',7-' M#�aL
r -y aF fa✓771 M,kM F
p3 ' rwse) pa. •
<o�� ot4,*Ml, ice. 33/'3
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
IN WITNESS WHEREOF the ' - reto have made and executed this
Interlocal Agreement on this A• -y of, , 2012.
ATTEST:
(Affix Village Seal)
Approved by yillebeAttbmey
as to forrn,apt ,I at. uff'i4iency:
E
21
�4
VILLAGE OF PALMETTO BAY, a municipal
corporal the Stake of Florid
9
Village Ikllahag'
d
illage Attomey
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
Yi'a MAv4cie .-
0 64, of l°wiev46 i
1> 0 r z. h'i d•scvs sr.
AL -,4477r; 4,4, Fe. 73/C7
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01(11),
Florida Statutes.
Section 20. Joint Effort. The preparation of this Interlocal Agreement has been
a joint effort of the Parties hereto and the resulting document shall not, solely as a
6
IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal
Agreement on this 30 day of 3-1/4 `' , 2012.
ATTEST:
BY:
Village Clerk
(Affix Village Seal)
MIAMI SHORES VILLAGE, a municipal
corporation of the State of Florida
BY:
10
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
With a Copy to: Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
If to Miami Shores Village: Village Manager
Miami Shores Village
10050 N.E. 2nd Avenue
Miami Shores, FL 33138
With a Copy to: Richard Sarafan, Esquire
Genovese Joblove & Batista
100 S.E. Second Street, 44th Floor
Miami, FL 33131
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on this t day of Prv.*,s }- , 2012.
ATTEST:
g -a -la.
City Clerk- Msc.Aex A .Mons&,n
(Affix City Seal)
Approved by City Attorney
as to form and legal sufficiency
CITY OF MIAMI, a municipal
corporation of the State of Florida
9
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to City of Miami:
With a Copy to:
Johnny Martinez
City Manager
City of Miami
3500 Pan American Dr. ❑
Miami, Florida 33133
Julie O. Bru
Office of the City Attorney
444 SW 2nd Avenue, Suite 952
Miami, Florida 33130
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6
IN WITNESS WHEREOFI, the Parties hereto have made and executed this
Interlocal Agreement on this day of ��( , 2012.
The City's execution of this Agreement is subject to Resolution 2012-p5, which establishes the
properties within Coral Gables that may participate in the District. A copy of the Resolution is
attached hereto, and incorporated herein.
A YI EST:
CITY OF CORAL GABLES, a municipal
corporation of the State of Florida
BY. 1 �. f, BY:
ity Clerk
(Affix Towg Seal)'
Approved by City Attorney
as to form and legal sufficiency
City Manager
City Attorney
9
OR e:K 28217 PG 0333
LAST PAGE
Section 16. Indemnification. The Parties agree that the TPA for the District
shall always indemnify and hold harmless the Parties and the District. The Parties
understand and acknowledge that the indemnification provisions included in Section 11
"Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated
August 16, 2011, which will be assigned to the District, extend to all of the members of
the District.
Section 17. Notices. Any notices to be given hereunder shall be in writing and
shall be deemed to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
If to Coral Gables
With a Copy To:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
City Manager
City of Coral Gables
405 Biltmore Way
Coral Gables, Florida 33134
City Attorney
City of Coral Gables
405 Biltmore Way
Coral Gables, Florida 33134
Section 18. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
6