HomeMy Public PortalAboutExtension of CRA Inter-local AgreementDoc
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Interlocal Agreement
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2018
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City of Crestview
City Clerk Coversheet
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5/3/2019
INTERLOCAL AGREEMENT AMONG OKALOOSA
COUNTY, THE•CITY OF CRESTVIEW AND THE CITY OF
CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into
between Okaloosa County, a political subdivision of the State of Florida (hereinafter "County"),
the City of Crestview, a Florida municipal corporation (hereinafter the "City"), the City of
Crestview Community Redevelopment Agency, a body politic and corporate created pursuant to
Chapter 163, Part III, Florida Statutes (hereinafter the "CRA"), and who agree as follows:
WITNESSETH:
WHEREAS, Chapter 163, Part III, Florida Statutes (the "Community Redevelopment
Act") provides authority, criteria and procedures for carrying out community redevelopment
through the designation and funding of a community redevelopment area; and
WHEREAS, on August 14, 1995, the City of Crestview approved its initial
Redevelopment Plan for its Community Redevelopment Area (the "Redevelopment Area") under
Part III, Chapter 163 Florida Statutes; and
WHEREAS, under the original Community Redevelopment Plan, the term of the CRA
was for thirty (30) years and it is currently scheduled to expire on September 30, 2025, if not
extended; and
WHEREAS, in 1998, the Community Redevelopment Plan was amended to, among other
things, expand the boundaries of the Redevelopment Area with three additional areas; and
WHEREAS, in 2015, the Community Redevelopment Plan was revised to update the plan,
add projects and current budget information and project future development for the District and to
balance the program designs and projects for each of the Redevelopment Areas; and
WHEREAS, in 2017, the CRA proposed to amend its Community Redevelopment Plan
by incorporating a new, comprehensive Master Plan, and adding various projects and current
budget information. The proposed Community Redevelopment Plan sought to increase the term of
the CRA for an additional thirty (30) years until end of fiscal year 2055; and
WHEREAS, pursuant to the provisions of Part III, Chapter 163, Florida Statutes, the CRA
provided a copy of the proposed amendment of the Community Redevelopment Plan to the County
for its review and consideration; and
WHEREAS, the County timely raised certain concerns about the proposed amendment
and sent its written letter of objection to the amendment to both the City and the CRA; and
WHEREAS, pursuant to the provisions of section 163.361, Florida Statutes the City, the
County and the CRA met in joint session on February 13, 2018 to address the concerns raised by
the County and the parties arrived at a proposed resolution of the above -mentioned concerns; and
WHEREAS, pursuant to Section 163.01(4), Florida Statutes, two or more local
governmental units are authorized to enter into an interlocal agreement providing for the joint or
cooperative exercise of any power which either governmental unit might independently exercise;
and
WHEREAS, the City, the CRA and the County have agreed to a resolution of the above -
mentioned concerns, the terms of which are reflected in this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties, the County, the CRA and the City agree as follows:
SECTION 1. Authority. This Interlocal Agreement is entered into pursuant to the
provisions of Chapter 163, Part III, and Chapter 164, Florida Statutes, and other applicable
provisions of law.
SECTION 2. Findings. The recitals set forth above are hereby approved and incorporated
herein.
SECTION 3. Definitions. Unless otherwise defined herein, the following words and
phrases shall have the following meanings:
A. "Agency" or "CRA" means the City of Crestview Community Redevelopment
Agency, or its successor, a public body corporate and politic.
B. "Act" means Part III of Chapter 163 of Florida Statutes (2017).
C. "Agreement" means this document and other terms and conditions which are
included and the exhibits and documents that are expressly incorporated herein by reference.
D. "City" means the City of Crestview, a municipal corporation under the laws of the
State of Florida.
E. "County" means Okaloosa County, Florida, a Political Subdivision of the State of
Florida.
F. "City of Crestview Community Redevelopment Amended Plan" or "Amended
Plan" means the 2017 Community Redevelopment Plan of the CRA, including the supporting
Master Plan.
G. "Effective Date" means the date upon which the last party to this Agreement has
fully executed same in accordance with the formalities imposed upon such entity required by
Florida Law and the recording of this Agreement as contained in section 13 below.
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SECTION 4. NO LITIGATION. In consideration of the actions and modifications
agreed to by the City and the CRA, the County agrees not to file any administrative or judicial
complaint or petition challenging the 2017 Community Redevelopment Plan, as amended by
Section 5 herein, nor will the County seek any refund or reimbursement of any funds the County
has previously submitted to the CRA or City as County contributions to the CRA tax increment
financing trust fund.
SECTION 5. Modification to the Amended Plan and New Member on CRA Board.
The parties agree:
A. The City will approve an Amended Plan with an extended term of the CRA for an
additional fifteen (15) years, to terminate on September 30, 2040.
B. The CRA Board currently consists of seven (7) members consisting of the five
members of the Council of the City of Crestview and two citizens appointed by the City Council
pursuant to Florida Statutes. The parties hereby agree that an eighth member shall be added to the
CRA Board that shall be an ex officio (non -voting) member representing the County. The ex officio
member shall be a current member of the Board of County Commissioners and shall be selected
by the Board of County Commissioners of Okaloosa County. The City, as governing body of the
CRA, shall have the right to remove any County selection for neglect of duty or misconduct. In
such an event, the County shall select a new ex officio member from the County Board of
Commissioners, subject to that individual's acceptance of the position. The term of office for such
ex officio member shall be for 4 years.
C. To the extent that any of these proposed modifications require the amendment of
the provisions of Chapter 2 — Administration; Article III — Boards, Committees and Commission;
Division 4 - Community Redevelopment Agency of the Code of the City of Crestview, then the
City agrees to make such amendments to fully and completely implement these modifications.
D. The County may opt out of participation in selecting a Board of County
Commissioner member to sit on the CRA Board, at the County's discretion.
SECTION 6. Representations and Warranties.
A. The City does hereby represent and warrant to the County and the CRA that it has
all requisite power, authority, and authorization to enter into this Agreement, that by this
Agreement does not waive any of its authority as governing body of the CRA, has taken all
necessary actions required to enter into this Agreement, and to fulfill any and all of its obligations,
duties, and responsibilities provided for or required of it by this Agreement, whether exercised
individually or collectively.
B. The County does hereby represent and warrant to the City and the CRA that it has
all requisite power, authority, and authorization to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement, and to fulfill any and all of its obligations,
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duties, and responsibilities provided for or required of it by this Agreement, whether exercised
individually or collectively.
C. The Agency does hereby represent and warrant to the City and the County that it
has all requisite power, authority, and authorization to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement, and to fulfill any and all of its obligations,
duties, and responsibilities provided for or required of it by this Agreement, whether exercised
individually or collectively.
SECTION 7. Amendments. Neither this Agreement nor any portion of it may be
modified or waived orally. The provisions hereof may be amended or waived only pursuant to an
instrument in writing, approved by the City, the CRA, and the County, and jointly executed by the
parties hereto, except as provided herein. This Agreement shall be enforced and be binding upon
and inure to the benefits of, the parties hereto and their respective successors and assigns, if any.
Any party to this Agreement shall have the right, but not obligation, to waive any right or rights,
limitation or limitations, or condition or conditions herein reserved or intended for the benefit of
such party without being deemed to have waived other rights, limitations, or conditions. However,
any such waiver shall be valid only if expressly granted in writing as described above.
SECTION 8. Dispute Resolution.
A. The parties shall attempt to resolve any disputes that arise under this Agreement in
good faith and in accordance with the provisions of the "Florida Governmental Conflict Resolution
Act".
B. To the extent that the parties are unable to resolve this dispute through the
provisions of the "Florida Governmental Conflict Resolution Act," then within thirty (30) days,
the parties shall be required to participate in mediation. The cost of the mediation shall be borne
equally between the parties.
C. In the event that the matter is not resolved through the mediation process, each party
shall be free to pursue any of its available remedies.
SECTION 9. Severability. If any one or more of the covenants, agreements or provisions
of this Agreement shall be held contrary to any express provision of law or contrary to any policy
of express law, although not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then the remaining terms of this Agreement shall continue to be in
force and effect.
SECTION 10. Controlling Law. All covenants, stipulations, obligations and agreements
of the County, the CRA, and the City contained in this Agreement shall be deemed to be covenants,
stipulations, obligations and agreements of each of the County, the CRA, and the City to the full
extent authorized by the Act and provided by the Constitution and laws of the State of Florida.
The laws of the State of Florida shall govern any and all provisions of this Agreement and any
proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any
proceeding pertaining to this Agreement shall be Okaloosa County, Florida.
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SECTION 11. Notice. If written notice to a party is required under this Agreement, such
notice shall be given by hand delivery, recognized overnight delivery service, or by first class mail,
registered and return receipt requested, to the County as follows:
County Administrator
1250 N. Eglin Parkway
Suite 102
Shalimar, Florida 32579
and as to the City as follows:
City Clerk
City of Crestview
198 Wilson Street N.
Crestview, Florida 32536
and as to the Agency as follows:
CRA Director
City of Crestview Community Redevelopment Agency
198 Wilson Street N.
Crestview, Florida 32536
SECTION 12. No Member Liability. Neither the members of the governing body of the
County, the CRA or the City, nor any official executing this Agreement, shall be liable personally
or shall be subject to any accountability for reason of the execution by the County, the CRA or the
City or any act pertaining thereto.
SECTION 13. Sovereign Immunity. Nothing in this Agreement shall be deemed to
affect the rights, privileges and immunities of the parties as set forth in Section 768.28, Florida
Statutes.
SECTION 14. Recording. The City, the CRA and the County are hereby authorized and
directed after approval of this Agreement by the County, the CRA and the City and the execution
thereof by the duly qualified and authorized officers of each of the parties hereto, to file this
Agreement with the Clerk of the Circuit Court of Okaloosa County, Florida, for recording in the
public records of Okaloosa County, Florida, as provided in section 163.01(11), Florida Statutes.
SECTION 15. Effective Date. This Agreement shall become effective immediately upon
the execution by the appropriate officers of the County, the CRA, and the City, and the recording
of this Agreement as provided in Section 13.
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IN WITNESS WHEREOF, the parties hereto, by and through the undersigned have
entered into this Interlocal Agreement on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
OKALOOSA COUNTY, FLORIDA
BY:
G aham W. Fountain
DATE: 3 / 21 / 18
ATTEST:
BY: li r •
Clem, A. Peacock II
Approved as to form:
loosa
unty ttorney
CITY OF CRESTVIEW
BY:
Mayor
DATE: 9 9 -
ATTEST:
it(-(C Clerk
Approved as to form:
Crestvis enrw~City Attorney
CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY
BY:
hairman
ATTEST:
BY:
Approved as to form:
Agency Attorney
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