2407 Interlocal Agreement Between the COS and CRAThis instrument prepared by and return to:
Lonnie N. Groot
Stenstrom, Mcintosh, Colbert & Whigham, P.A.
300 International Parkway, Suite 100 �0
Lake Mary, Florida 32746
(407) 322-2171
GRANT MALOY SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021166177 Elk: 10129 Page:81 (I Pgs)
REC: 12/21/2021 3:20:13 PM by cones
RECORDING FEES $10.00
AFFIDAVIT CONFIRMING NOTICE OF EFFECT OF INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SANFORD AND THE CITY OF SANFORD COMMUNITY
REDEVELOPMENT AGENCY
V STATE OF FLORIDA
COUNTY OF SEMINOLE
Before me, the undersigned authority, personally appeared Pamela Lynch ("Affiant"), who, after
being first duly sworn, deposes and says of his personal knowledge the following:
(1). My name is Pamela Lynch and I am over 21 years of age. I am the Executive Director of the
City of Sanford Community Redevelopment Agency.
(2). The purpose of this Affidavit is to confirm the fact that statutory notice provisions of Section
163.346, Florida Statutes, were accomplished relative to notice being provided to taxing
authorities with regard to the interlocal agreement between the City of Sanford and the City of
Sanford Community Redevelopment Agency relating to use of tax increment revenues by the City
for the development and implementation of the Catalyst Site.
FURTHER AFFIANT SAYETH NOT.
By—Pamela Lynch
Executive Direct City City of Sanford's
Community Redevelopment Agency
City Manager's Office
City Hall of the City of Sanford
300 North Park Avenue
Sanford, Florida 32771
ACKNOWLEDGMENT
This instrument was sworn to and subscribed before me by means of physical presencg,,,,
or Ei online notarization, this �&Jday of December, 2021, by Pamela Lynch. She is
personally known to me or " produced as identification.
(Signature of Nota Publi'c"'?
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INTERGOVERNMENTAL/INTERAGENCY AGREEMENT BETWEEN THE CITY OF
SANFORD AND THE SANFORD COMMUNITY REDEVELOPMENT AGENCY (CRA)
RELATING TO CRA OPERATIONS AND FUNDING OF PROJECTS
This Intergovernmental/interagency Agreement, is made and entered into this
day of Sv�, 2015, by and between the City of Sanford, a political
subdivision of the State of Florida, whose address is 300 North Park Avenue, Sanford,
Florida 32771 (hereinafter referred to as the "CITY") and the Sanford Lake Monroe
Waterfront and Downtown Community Redevelopment Agency, whose establishment
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was authorized pursuant to Part III, Chapter 163, Florida Statutes, and at the further
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authorized by CITY Ordinance No. 2015-4344 (and prior enactments) and by the
� Seminole County Resolutions hereinafter referenced, whose address is Post Office Box
1788, Sanford, Florida, 32772-1788 (hereinafter referred to as "CRA").
WITNESSETH
Whereas, Section 163.410, Florida Statutes, permits a delegation of community
redevelopment powers to be made by the Government of Seminole County, acting
through its Board of County Commissioners, as the governing body of a home rule county,
to the CITY subject to such conditions and limitations as Seminole County may impose;
and
Whereas, the City Commission of the CITY requested that Seminole County
delegate to the CITY, pursuant to Section 163.410, Florida Statutes, the right and
authority to exercise certain powers conferred upon Seminole County by Part III, Chapter
w 163, Florida Statutes, such powers to specifically include the power to create a community
redevelopment agency as part of the municipal public body or taxing authority, together
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with necessary appurtenant responsibilities, rights, and authority as a governing body
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^° GRANT MALOY, SEMINOLE COUNTY 1 I p a g e
V CLERK OF CIRCUIT COURT & COMPTROLLER
a�
CFN# 2021166178 Bk:10129 Pg:82-91(101?9s)
s� REC: 12121/2021 3:20:14 PM by cones
a RECORDING FEES $86.50
serving as a community redevelopment agency pursuant to Part III, Chapter 163, Florida
Statutes; and
Whereas, the Board of County Commissioners of Seminole County delegated
authority to the CITY for the establishment, expansion and operation of a community
redevelopment agency through the adoption of Seminole County Resolution Numbers
90-R-213, 93-R-181, 95-R-246, 2009-R-154, and 2015-R-105; and
Whereas, by means of the enactment of CITY Ordinance No. 2015-4344 (and prior
enactments) the City Commission of the CITY created the CRA; and
Whereas, the City Commission of the CITY and the CRA desire to cooperate and
collaborate in the funding and implementation of numerous projects and activities; and
Whereas, the City Commission of the CITY has authorized and instructed CITY
staff to function as staff to the CRA while recognizing the CRA's legal status as a separate
legal entity and the CRA has accepted the relationship with CITY staff; and
Whereas, the intent of this Intergovernmental/interagency Agreement is to
memorialize the understandings relative to the day-to-day operations of the CRA with the
assistance of the CITY while also providing an expeditious means of facilitating the
funding and implementation of numerous projects and activities in which both the City
and the CRA are interested and involved; and
Whereas, the CITY and the CRA desire to cooperate, among other things, with
regard to accomplishing the revitalization and redevelopment of downtown Sanford for
the benefit of the citizens of the CITY and Seminole County utilizing the anticipated CRA
annual ad valorem tax increment revenues deposited in the Community Redevelopment
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Trust Fund in accordance with the Community Redevelopment Plan; and
Whereas, the projects and activities of the CRA are of benefit to the citizens of the
CITY and Seminole County and serve an essential public purpose; and
Whereas, the CITY possesses human and other resources and has the ability to
provide services to the CRA that would benefit the CRA's operation if utilized
cooperatively; and
Whereas, the CITY and the CRA find and declare that it is in the best interest of
the public and of both agencies for the parties to share certain resources in a cooperative
manner; and
Whereas, this Intergovernmental/interagency Agreement serves a public purpose
and is authorized pursuant to the provisions of Chapters 163 and 166, Florida Statutes,
and other applicable law.
Now, Therefore, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable
consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged
by both parties, the CITY and the CRA agree as follows.
Section 1. Recitals. The above recitals are true and correct and form a
material part of this Intergovernmental/Interagency Agreement upon which the CITY and
the CRA have relied.
Section 2. Term. This Intergovernmental/interagency Agreement shall become
effective upon approval by the governing bodies of the CITY and the CRA and shall
remain in effect for an indefinite period subject to termination by either the CITY or the
CRA by providing the non -terminating no less than ninety (90) days advance written
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notice. In any event, this Intergovernmental/interagency Agreement shall terminate upon
the delegation of community redevelopment powers from Seminole County terminating.
Section 3. Collaboration; Memorandums Of Understanding.
(a). The CITY and the CRA recognize that while they are two separate legal,
governmental entities, it is feasible and cost efficient for the two parties to share certain
employees, facilities, services, and systems. Specific arrangements for the cooperative
sharing of resources shall be approved by the City Manager of the CITY prior to
implementation.
(b). The CRA agrees to reimburse the CITY for all CITY employee utilization,
services, space, and equipment at rates to be determined by the City Manager of the
(c), The Purchasing Department of the CITY shall provide procurement services
to the CRA, pursuant to the laws, rules, policies, and procedures as established by the
controlling laws of the State of Florida, the CITY's Purchasing Policies and Procedures,
and all other legal requirements applicable to procurement. The CRA agrees to utilize the
CITY's procurement system for all of its procurement needs. The CITY's Purchasing
Manager shall also be and sever as the Chief Procurement Officer for the CRA.
(d). The CITY consents for the CITY's Finance Director to serve as Treasurer
of the CRA. The CRA shall use the CITY's financial software for all of its procurement
purposes.
(e). The CITY shall permit its existing master agreement and contracts to be
utilized by the CRA pursuant to the provisions of Section 287-056, Florida Statutes, and
as the terms and conditions of these agreements and controlling State law may permit.
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(f). Each party to this Intergovernmental/interagency Agreement is responsible
for all personal injury and property damage attributable to the negligent acts or omissions
arising out of this Intergovernmental/interagency Agreement of that party and the officers,
employees, and agents thereof.
(g). The waiver of a provision herein by either the CITY or the CRA shall not
constitute the further waiver of said provision or the waiver of any other provision.
(h). The CITY and the CRA shall collaborate on various projects and activities
by means of the execution of memorandums of understanding between the City Manager
of the CITY, or designee, and the Executive Director of the CRA as authorized by the City
Commission of the CITY and the CRA, respectively.
Section 4. Remedies. Each party shall have any and all remedies as
permitted by law; provided, however, that the parties agree to provide for positive dialogue
and communications if disputes or disagreements arise as to the interpretation or
implementation of this Intergovernmental/Interagency Agreement and agree to comply
with the alternative dispute resolution processes set forth in any interlocal or other
pertinent agreement relating to said subject and in effect within Seminole County.
Section 5. Force Majeure. In the event any party hereunder fails to satisfy
a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other
Act of God or force majeure, then said party shall not be in default hereunder.
Section 6. Binding Effect. This Intergovernmental/Interagency Agreement
shall be binding upon and inure to the benefit of the parties hereto and the successors in
interest, transferees and assigns of the parties.
Section 7. Assignment. This Intergovernmental/interagency Agreement shall
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not be assigned by either party without the prior written approval of the other.
Section 8. Public Records. The CITY and the CRA shall allow public access
to all documents, papers, letters or other materials that have been made or received by
the CRA in conjunction with this Intergovernmental/interagency Agreement.
Section 9. Records And Audits. The CRA shall maintain in its place of
business any and all books, documents, papers and other evidence pertaining to work
performed under this Intergovernmental/interagency Agreement. Such records shall be
available at the CRA's place of business at all reasonable times during the term of this
Intergovernmental/interagency Agreement and for so long as such records are
maintained thereafter. Records shall be maintained in accordance with State law and
generally accepted accounting and auditing principles.
Section 10. Notices.
(a). Whenever either party desires to give notice unto the other, notice may be
sent to:
For the CITY: City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
with copies to: City of Sanford, Finance Director
300 North Park Avenue
Sanford, Florida 32771
City of Sanford, City Clerk
300 North Park Avenue
Sanford, Florida 32771
For the CRA: CRA Chairman
Post Office Box 1788
Sanford Florida, 32771-1788
with a copy to: CRA Executive Director
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Post Office Box 1788
Sanford, Florida 32771-1788
(b). Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices, reports or invoices. All notices shall be
effective upon receipt.
Section 11. Indemnification. The CITY and the CRA further agree that
nothing contained herein shall be construed or interpreted as denying to any party any
remedy or defense available to such partied under the laws of the State of Florida, nor as
a waiver of sovereign immunity of CITY and CRA beyond the waiver provided for in
Section 768.28, Florida Statutes.
Section 12. Conflict Of Interest. The CITY and the CRA further agree that
they will not engage in any action that would create a conflict of interest in the
performance of its obligations pursuant to this Intergovernmental/Interagency Agreement
or which would violate or cause others to violate the provisions of Part III, Chapter 112,
Florida Statutes, relating to ethics in government.
Section 13. Equal Opportunity Employment. The CRA agrees that it will
not discriminate against any contractor, employee or applicant for employment or work
under this Intergovernmental/Interagency Agreement because or on account of race,
color, religion, sex, age or national origin and will take affirmative steps to insure that
applicants are employed and employees are treated during employment without regard
to race, color, religion, sex, age or national origin. This provision shall include, but not be
limited to, the following: retention; award of contracts; employment; upgrading, demotion
or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship, and the prohibition of
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sexual harassment.
Section 14. Compliance With Laws And Regulations. In performing under
this Intergovernmental/interagency Agreement, the CITY and the CRA shall abide by all
laws, statutes, ordinances, rules, and regulations pertaining to, or regulating the
performance set forth herein, including those now in effect and hereafter adopted. Any
violation of said laws, statutes, ordinances, rules, or regulations shall constitute a material
breach of this Intergovernmental/interagency Agreement, and shall entitle the non -
violating party to terminate this I ntergovernmenta III nteragency Agreement immediately
upon delivery of written notice of termination to the violating party.
Section 16. Employee Status.
(a). Persons employed or retained by the CRA in the performance of services
and functions pursuant to this Intergovernmental/Interagency Agreement shall have no
claim to pension, workers' compensation, unemployment compensation, civil service or
other employee rights or privileges granted to the CITY's officers and employees either
by operation of law or by the CITY.
(b). The CRA assumes total and plenary responsibility for salaries, employment
benefits, contractual rights and benefits, contract payments, and Federal, State and local
employment taxes, if any, attributable to CRA personnel and agrees to indemnify and
hold the CITY harmless from any responsibility for same. The CRA also agrees to place
this provision in all contracts and agreements with its agents and contractors pertaining
to the any project of the CRA such that its agents and contractors shall assume all such
liability and shall indemnify and hold the CRA and the CITY harmless from any and all
such costs and liability.
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Section 16. Headings. All sections and description headings in this
Intergovernmental/interagency Agreement are inserted for convenience only, and shall
not affect the construction or interpretation hereof.
Section 17. Entire Agreement. This Intergovernmental/Interagency Agreement
constitutes the entire agreement of the parties with respect to the subject matter hereof,
and may not be modified or amended except by a written instrument equal in dignity
herewith and executed by the parties to be bound thereby. Any alterations, amendments,
deletions, or waivers of the provisions of this Intergovernmental/Interagency Agreement
shall be valid only when expressed in writing and duly signed by the CITY and the CRA.
Section 18. Counterparts. This Intergovernmental/interagency Agreement
may be executed in any number of counterparts each of which, when executed and
delivered, shall be an original, but all counterparts shall together constitute one and the
same instrument.
In Witness Whereof, the parties hereto have caused this
Intergovernmental/interagency Agreement to be executed on the day and year first above
written.
Turk,'CRA Clerk'
, Executive Director
A-09
By:
Charles Davis�
CRA Chairpersop, /
Date: 2r
91 Page
Attest
FOMILYA
By:
Cynth)a Porter Jeff
City Clerk Ma)
Dat
For the use and reliance
of City of Sanford only.
Approved as to form and
legal sufficiency.
William L:-.(jolbert,rffs*(re,
City Attorney
A ('4
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