Fort Walton Beach Resolution — 2010-29 - Okaloosa Board LHAP — reading text

County Commissioners, acting by Its Chairman of said Board, the day and year first written above. CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, A A Municipality Chartered in' the Political Subdivision of the State of Florida State of Florida, .by and Through Its Board of County Commissioners BY: BY: Mike Anderson Wayne Harris Mayor Chalnnan O~ 107 Miracle Strip Pkwy, SW 1804 Lewis Turner Boulevard Fort Walton Beach. FL 31MB -tOOl 32548 Fort Walton Beach, FL 850)! 4ar~ 833- 9509 850) 651- 7105 ATTEST: BY: Don Howard Clerk of Court Okaloosa County SEAL Date: tPmM'r: 14. Sej> . 2010 DATE: P ~.:_ ~ . ". "::' f'::' f,; ~'~). ~".'~~~ ': I-. ;":. i:) 4. \ " c.': i-:.(~ :'~' ~~; J' B,~~~ 7., ()! ~~' 4..... . ..' "..' _" '. ,:',.: .., ~. O\../ f~ l.;:..... j :._.~. Lt ~..(~. '-~~. " "" u:\ rE._ J.Q_~ ___, JO-:-:~~::  INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this ~ ay of t2 by and between OKALOOSA COUNTY. a political subdivision of 2() the State of Florida, acting by and through its Board of County Commissioners the " County")and the City of Fort Walton Beach, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council (the "City"): WITNESSETH: WHEREAS, the City and the County have legal authority to perform general government services within their respective jurisdiction; and WHEREAS, THE City and the County are authorized by Florida Statutes Chapter 163.01 et seq., to enter the I ntertoca I Agreements and thereby cooperatively utilize their powers and resources in the most efficient manner possible; and WHEREAS, the William E. Sadowski Affordable Housing Ad (Chapter 92- 317, Laws of Florida, incorporated herein by reference created Section 420.9027, et seq. Florida Statutes, ( the " State Housing Initiatives Partnership Program" SHIP"), which authorizes monies in the Local Government Housing Trust Fund the " Fund") to be distributed to approved counties and eligible municipalities within the County pursuant to an Intertocal Agreement; and WHEREAS, Okaloosa County is an approved County and the City of Fort Walton Beach Is an eligible municipality within the County; and WHEREAS, the County and the City desire to joiotty utilize State Housing 8 Initiatives Partnership Program ( SHIP) Program allocations pursuant to this ci Intertocal Agreement; and WHEREAS, the County and the City have determined that .( SHIP) S Program funds can be more effectively utilized and managed through an I ~ Intertoeal Agreement. i i li 8 w NOW, THEREFORE, FOR AND IN CONSIDERATlO.N of the mutual 1iia: i covenants and agreements hereinafter set forth, the parties hereto agree as GD~; oo) follows: S .. i~~ The City and the County do hereby agree that the ( SHIP) Program 1. funds which are to be distributed to the County as provided in h a:~ 420.9073, Florida Statutes. shall be allocated to the Okaloosa Community Development Corporation with a minimum of 20% of! the funds being used within the City, unless qualified projects  cannot be found. The Okaloosa Community Development Corporation for administering, reporting and monitoring of the SHIP) Program shall receive 10% of the funds received. 2. Unless earlier tenninated pursuant to other provisions of this Interlocal Agreement, the tenn of this agreement shall run concurrent with the distribution of (SHIP) Program funds which are to be allocated between the County and the City. 3. The City and the County direct the Florida Housing Finance Corporation (the . Corporation-) to distribute and allocate the (SHIP) Program funds in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The ( SHIP) Program funds so distributed will be deposited in a single depository account created by Okaloosa Community Development Corp., which shall be administered by the Board of Directors. This account shall be known as the Hurricane Housing Trust Fund ( hereinafter referred to as . Local Housing Trust Fund-), to which ( SHIP) Program funds are distributed by the State of Florida. .The Corporation will be notified of any change in the Local SHIP) Program Fund status and the parties agree to have such Local ( SHIP) Program audited annually as required by Chapter 420, Florida Statutes and Rule 67- 37, 67ER-05 and 67-55, Florida Administrative Code. The parties hereto agree to pay their pro- rata share of the costs of an audit of the Local ( SHIP) Program Funds in accordance with the funding distribution percentages denoted in Section 1 of this Agreement. 5. Provided this Interlocal Agreement remains effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Local (SHIP) Program Fund. 6. The parties to this Agreement understand that the relevant law requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and the spirit of applicable law is satisfied. 7. Neither party shall use any revenues distributed and allocated for purposes other than those authorized by 420.9072 ( 7), Florida Statutes, or as stipulated in Florida Housing Finance Corporation Administrative Rules 67- 37, 67ER-OS and 67-55 ( as each may be applicable to the(SHIP) Program) 8. If at any time during the term of this Interlocal Agreement, the City or the County which are the parties to this Interlocal Agreement, the City or County believe that the intent of the parties set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety 90) days written notice, renegotiate the terms and the provisions to be effective on the first day of the next fiscal year. If the parties are unable to renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal year, the noticing party shall cease to be a party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated as provided by law. 9. If either party shall cease to be eligible for allocation or distribution of State Housing Initiative Partnership ( SHIP) Program monies, such party's allocation of the funds shall remain in the State (SHIP) Program Fund to be used by the Corporation 10. Okaloosa Community Development Corp. will report quarterly to the Board of County Commissioners and the City of Fort Walton Beach. 11. The parties of this Agreement shall cooperatively prepare, and submit a single consolidated annual report incorporating all activities undertaken with ( SHIP) Program funds In compliance with reporting provisions of Administrative Rule 67ER-QS and 67-55. 12. For all purposes of this Interlocal Agreement, the term "' nterlocal Agreement"shall mean this Interlocal Agreement. 13. This Interlocal Agreement shall become effective when filed in the office of the Okaloosa County Clerk of Circuit Court Finance Department. The County shall be responsible for such filing as soon as this Agreement has been fully executed. BALANCE OF PAGE BLANK- IN WITNESS WHEREOF, the said municipal corporation in pursuance of due and legal adion of its City Council has executed these presents causing Its name to be signed by its Mayor and its corporate seal to be affixed, and Okaloosa County, a political subdivision of the State of Florida has caused these presents to be executed in its name by its Board of County Commissioners, acting by its Chairman of said Board, the day and year first written above. CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, A A Municipality Chartered in the Political Subdivision of the State of Florida State of Florida, by and Through . s Board of Coun missioners BY: BY: Mike Anderson Wayne Mayor