Okaloosa County BOCC — May 5, 2015 — Town Center CRA Interlocal Agrmt Partially Executed — reading text

INTERLOCAL AGREEMENT AMONG THE CITY OF DESTIN, OKALOOSA COUNTY, AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DESTIN REGARDING THE TERM OF THE DESTIN TOWN CENTER COMMUNITY REDEVELOPMENT AREA INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this day of 5 2015, by and between the City of Destin, a Florida municipal corporation (the “City”), the Destin Community Redevelopment Agency, a body politic and corporate created pursuant to Chapter 163 Part 111, Florida Statutes (the “Agency”), and Okaloosa County, a political subdivision of the State of Florida (“County”), who agree as follows: WITNESSETH: 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, Chapter 163, Part IIl, 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, in 1998, the City Council of Destin created the Destin Town Center Community Redevelopment Area (the “CRA™); and WHEREAS, pursuant to Resolution 98-23, the City approved the Destin Town Center Redevelopment Plan (the “Plan™); and WHEREAS, pursuant to the Redevelopment Plan, the duration of the CRA and the Plan was established as thirty (30) years from the adoption of the Plan by the City on August 3, 1998; and WHEREAS, as a result of the economic downturn, additional time is required to effectuate the purposes and goals of the CRA; and WHEREAS, the County, the Agency and the City seek to cooperate together by extending the term of the CRA and facilitate the effectuation of the Plan and to provide guidance as to any future extensions. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is acknowledged by all the parties, the County, the Agency 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. Term. The City, the County and the Agency agree that the term of the CRA and its Plan shall be extended for an additional ten (10) years. As a result, the CRA and its Plan shall be completed by and terminate on August 3, 2038. SECTION 4. Further Extension. The City, the County and the Agency agree that no further extension of the term of the CRA or the Plan shall be approved without the written consent of the County. SECTION 5. 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 Commission, the Governing Board of the Agency, and the County’s Board of County Commissioners, and jointly executed by the parties hereto. SECTION 6. Notice. If written notice to a party is required under this Agreement, such notice shall be given by first class mail to the County as follows: County Administrator Okaloosa County 1840 Lewis Turner Blvd., #400 Fort Walton Beach, FL 32540 and as to the City as follows: City Manager City of Destin 4200 Indian Bayou Trail Destin, FL 32541 and as to the Agency as follows: CRA Executive Director City of Destin 4200 Indian Bayou Trail Destin, FL 32541 SECTION 7. Filing. The City, the Agency and the County are hereby authorized and directed after approval of this Agreement by the County, the Agency 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 8. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County, the Agency and the City. 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 CITY OF DESTIN, FLORIDA OKALOOSA COUNTY, FLORIDA Ml RS Chair (Date) Mayor (Date) ATTEST: ATTEST: By: Clerk of the Court Approved as to form and legal sufficiency Okaloosa County Attorney DESTIN COMMUNITY REDEVELOPMENT AGENCY By: \Xifl’/flé U %k/m'd éé /Chair ATTEST: i;Z—_— ’ Clerk Approved as to form and lggal sufficiency Destin CR\A’A’t’cfiney