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2518 Affidavit & Termination of Interlocal Agreement betw COS & CRAGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2021166177 Book: 10129 Page:81; (1 PAGES) RCD: 12/21/2021 3:20:13 PM REC FEE $10.00 CERTIFIE,,) r ?Y (aRaiPt7 h"aLC1Y n AND CGI� This instrument prepared b and return to: P P Y Lonnie N. Groot BY _, DEPUTY CLE°X Stenstrom, Mcintosh, Colbert & Whigham, P.A. Date _ ^�rn _[] 300 International Parkway, Suite 100 Lake Mary, Florida 32746 (407) 322-2171 AFFIDAVIT CONFIRMING NOTICE OF EFFECT OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF SANFORD AND THE CITY OF SANFORD COMMUNITY REDEVELOPMENT AGENCY XV STATE OF FLORIDA N 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. FlANT y: amela Lynch Executive Direct , 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 wassworp to, and subscribed before me by means of Wysical presenc or ❑ online notarization, this oday of December, 2021, by Pamela Lynch. She is personally known to me or [1 produced as identification. (Signature qf.Notary Public) Print I T Name: Notary P licStat of F ori a Commissi o.: My Commission Expires: << o� Z ;:r'Po'..• NICOLE J. OSBURN Notary Public •State of Florida Commtssion 4 HH 192204 '? of ryge. My Comm. Expires Nov 24, 2025 Bonded through National Notary Assn. mmonc rnrn -nrz 0OZmj� 0 .. * ;02 O Z C)W OD ONmC)r m to, co 0 mW�n� C: M (n L; - I 000Oz -o" M0 o g ^) —i m -0900 �.. �0 ib 0 Z 0o�� (D' CO Co 0 ,r N r �m u� M Il Z 3"" INTERGOVERNMENTAL/INTERAGENCY AGREEMENT Z BETWEEN THE CITY OF SANFORD AND THE SANFORD COMMUNITY REDEVELOPMENT AGENCY RELATING TO -%J X.I.- SANFORD DOWNTOWN/WATERFRONT CATALYST SITE CC,(J This Intergovernmental/Interagency Agreement, is made and entered into this CL co 7- �4 day of jf)Qg��,- 2017, by and between the City of Sanford, a JYJ Q municipality of the State of Florida, whose address is 300 North Park Avenue, Sanford, =1 th C Florida 32771 (hereinafter referred to as the "City") and the Sanford Lake Monroe -1 tP 7- N wWaterfront and Downtown Community Redevelopment Agency, a dependent special 110 M 42 district of the State of Florida, whose establishment was authorized pursuant to Part III, Chapter 163, Florida Statutes, and further authorized by City Ordinance No. 2015-4344 (and prior enactments) and by the Seminole County Resolutions hereinafter referenced, Fri C) whose address is Post Office Box 1788, Sanford, Florida, 32772-1788 (hereinafter referred to as "CRA"). WITNESSETH 42 Cn Whereas, Section 163.410, Florida Statutes, permits a delegation of community 4-4 0 ITI M - redevelopment powers to be made by the Government of Seminole County, acting U through its Board of County Commissioners, as the governing body of a home rule county, U to the City subject to such conditions and limitations as Seminole County may impose; .41 U 0 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 163, U Florida Statutes, such powers to specifically include the to create power a community redevelopment agency as part of the municipal public body or taxing authority, together Page 1 of 11 with necessary appurtenant responsibilities, rights, and authority as a governing body 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 charged the CRA, under the provisions of Chapter 74, Article If of the Code of Ordinances of the City of Sanford, with implementing the Community Redevelopment Plan (hereinafter "the Pian") within the Community Redevelopment Area as adopted by the City; and Whereas, the City and CRA have determined that in order to implement the Plan it is desirable to finance the land acquisition, planning, development and other preliminary actions taken in connection with certain capital projects located within the Community Redevelopment Area and described in the Plan; and Whereas, the City and the CRA desire to cooperate and collaborate in the funding and implementation of numerous projects and activities, specifically: a catalyst site and related improvements; 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 Page 2 of 11 Revenue Trust Fund (hereinafter "Trust Fund") in accordance with the Plan; and Whereas, the intent of this Intergovernmental/Interagency Agreement is to memorialize the understandings relative to revitalization and redevelopment of downtown Sanford through development of the Sanford Downtown Waterfront Catalyst Site project (hereinafter "Project") 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 established the Trust Fund pursuant Section Sec. 74-54 of the Code of Ordinances of the City of Sanford thereby providing for the collection and deposit of the tax increment revenues received by the City which derive from the Community Redevelopment Area (hereinafter the "Tax Increment Revenues") to be used for the sole benefit of the CRA; and Whereas, the CRA has benefitted from the City's undertaking of the Project and the CRA has determined that the Project is consistent with other capital projects undertaken by the CRA and financed with Tax Increment Revenues; and Whereas, the use of tax increment funds for development of the catalyst site project, located within its Community Redevelopment Area, are consistent with and in support of the Plan and are specifically identified in the Plan and as such, can be drawn from the Trust Fund; and Whereas, the City has requested that the CRA enter into an Intergovernmental/Interagency Agreement pursuant to which the CRA will covenant to transfer to the City certain amounts of Tax Increment Revenues deposited in the Trust Page 3 of 11 Fund (hereinafter referred to as "Trust Fund Revenues") towards development of the Sanford Downtown Waterfront Catalyst Site; and Whereas, the projects and activities of the CRA, including the development of the Sanford Downtown Waterfront Catalyst Site, are of benefit to the citizens of the CITY and Seminole County and serve an essential public purpose; 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. Incorporation of Recitals: The above set forth recitals are hereby incorporated into the terms of this Intergovernmental/Interagency Agreement. Section 2. Definitions: Capitalized terms not otherwise defined herein shall have the meaning as set forth herein. Section 3. Transfer of Tax Increment Revenues: (a). The CRA agrees that it will transfer Tax Increment Revenues as deposited into the Trust Fund to the City in the amount of $5,200,000.00 plus interest in order to implement and fund the development of the Sanford Downtown/Waterfront Catalyst Site project and related site improvements upon collection to the CRA. The transfers made shall be implemented by the CRA Treasurer to the City in accordance with the terms of Page 4 of 11 this Intergovernmental/interagency Agreement and shall be made within two business days of receipt into the Trust Fund. (b). CRA agrees to pay the City a sum equal to 50% of the total annual Tax Increment Revenues generated from each purchased Development Block for each tax year through 2025. (c). Transfers payments made by the CRA Treasurer to the City shall commence on or before December 31, 2017. (d). Transfer payments made by the CRA Treasurer to the City shall be based on an interest rate of 4% in that the City is undertaking financing to cover the expenditures contemplated in the Plan. (e). Transfer payments made by the CRA Treasurer to the City shall be in equal increments for an eight year period, covering 2018 through 2025. (f). The obligation of the CRA to transfer Tax Increment Revenues to the City as set forth herein, shall be absolute and unconditional unless otherwise forgiven or agreed to by the City, or otherwise determined to be unenforceable by a court of competent jurisdiction. (g). Nothing herein shall be deemed to pledge ad valorem tax revenues or to permit or constitute a mortgage or lien upon any assets owned by the CRA or the City nor any other person may compel the levy of ad valorem taxes on real or personal property within the boundaries of the City or the CRA for payment. The obligations hereunder do not constitute indebtedness of the City or the CRA within the meaning of any constitutional, statutory or charter provision or limitation and nor shall any other person have the right to compel the exercise of the ad valorem taxing power of the City, or the Page 6 of 11 CRA or taxation of any real or personal property therein for the payment by the CRA of its obligations hereunder. Section 4. City and BCC Notification: Pursuant to Section 163.346, Florida Statutes, the CRA shall provide 15 days' notice to the City and County, each being a taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area relating to proposed expenditures contemplated pursuant to Section 163.387 (6)(e), Florida Statutes. Section 5. No General Obligation or Pledge of Full Faith and Credit: This agreement to transfer Tax Increment Revenues does not constitute a general obligation of the City or the CRA within the meaning of any constitutional, statutory, or charter provision or limitation or a pledge of City's or CRA's full faith and credit, but shall be payable from the Tax Increment Revenues in the manner described herein pursuant to the Development Agreement to be entered into by and between the City and the developer of the Sanford Downtown Waterfront Catalyst Site project. Section 6. Duration: This Intergovernmental/Interagency Agreement shall remain in full force and effect until the obligations contained herein are satisfied or deemed unenforceable by a court of competent jurisdiction. Section 7. Modification: No modification or amendment of the terms hereof shall be valid unless in writing, and executed by the parties hereto. Section 8. Counterparts: This Intergovernmental/Interagency Agreement may be executed in counterparts, each of which shall be valid and regarded as an original and all of which shall constitute one and the same document. Page 6 of 11 Section 9. No Third Party Beneficiaries: This Intergovernmental/Interagency Agreement is for the sole benefit of the parties hereto; and there are no other third party beneficiaries of this Intergovernmental/Interagency Agreement. Section 10. 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 Intergovernmental/Interagency Agreement or other pertinent agreement relating to said subject and in effect within Seminole County and to waive any right to trial by jury. Section 11. 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 12. 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 13. Assignment: This Intergovernmental/Interagency Agreement shall not be assigned by either party without the prior written approval of the other. Section 14. 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 15. Records and Audits: The CRA shall maintain in its place of business any and all books, documents, papers and other evidence pertaining to work Page 7 of 11 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 16. 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 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 17. 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 Page 8 of 11 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 18. 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 19. 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 Intergovernmental/Interagency Agreement immediately upon delivery of written notice of termination to the violating party. Section 20. 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 21. 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, Page 9 of 11 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 22. Effective Date: In accordance with Section 163.01(11), Florida Statutes, this Intergovernmental/Interagency Agreement shall become effective upon being filed with the Clerk of Circuit Court in and for Seminole County (Official Records/Land Records). In Witness Whereof, the parties hereto have caused this Intergovernmental/Interagency Agreement to be executed on the day and year first above written. Attest � z onia Fonseca, CRA Clerk CRA Executive Director Approved as to form and Legal sufficiency. Je nifer Cockcroft, Esq. Attorney Attest: Cynthia Porter City Clerk CRA r -- By: Charles Davis CRA Chairperso Date: r Page 10 of 11 For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. Wi iam L. Colbert, Esq. City Attorney Page 11 of 11 Termination Of Intergovernmental/Interagency Agreement Between The City Of Sanford And The Sanford Community Redevelopment Agency Relating To Sanford Downtown/ Waterfront Catalyst Site This Termination of Intergovernmental/Interagency Agreement ("Agreement") is made and entered into this 25th day of September, 2023, by and between the City of Sanford, a municipality 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, a dependent special district of the State of Florida, whose establishment was authorized pursuant to Part III, Chapter 163, Florida Statutes, and further 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, 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, but the term of the existence of the CRA is approaching its end (the CRA will be sunsetting on December 31, 2025); 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 charged the CRA, under the provisions of Chapter 74, Article 11 of the Code of Ordinances of the City of 11Page Sanford, with implementing the Community Redevelopment Plan (hereinafter "the Plan") within the Community Redevelopment Area as adopted by the City; and Whereas, on May 8, 2017 the City and the CRA entered an Intergovernmental/interagency Agreement relating to the funding of the so-called Catalyst Site (the "2017 Agreement'); and Whereas, the City and CRA have determined that the provisions of the 2017 Agreement are not needed to fund the provisions of the Development Agreement enacted by means of Ordinance Number 4403 in that the City will assume, and is taking all necessary fiscal and accounting actions, necessary to assume the responsibility to provide the $5.2 million for streetscaping for the Catalyst Site/Heritage Park Project; and Whereas, this Agreement serves a public purpose and is authorized pursuant to the provisions of Chapters 163 and 166, Florida Statutes, and other applicable law and has no effect on the benefits, understandings and land use entitlements arising from the aforementioned Development Agreement. 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. Incorporation of Recitals. The above set forth recitals are hereby incorporated into the terms of this Agreement. Section 2. Funding Of Provisions Of Development Agreement/Ordinance Number 4403. (a). The provisions of the 2017 Agreement relating to the funding of the so- called Catalyst Site are hereby terminated it being noted that the City has previously 2 _Rage expended the sum of $264,281.50 to advance the streetscaping which was referenced in and to be funded in accordance with the provisions of the 2017 Agreement. (b). As part of this Agreement, the City's City Manager shall direct the City's Finance Director to adjusting funds and accounts to address and implement the termination of the said Agreement and the necessary fiscal and accounting changes and to take any and all other implementing actions. Section 3. Modification. No modification or amendment of the terms hereof shall be valid unless in writing, and executed by the parties hereto. Section 4. Counterparts. This Agreement may be executed in counterparts, each of which shall be valid and regarded as an original and all of which shall constitute one and the same document. Section 5. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto; and there are no other third party beneficiaries of this Agreement. Section 6. 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 Agreement and agree to comply with alternative dispute resolution processes and to waive any right to trial by jury. Section 7. 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 8. Binding Effect. 31 Page This 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 9. Assignment. This Agreement shall not be assigned by either party without the prior written approval of the other. Section 10. 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 Agreement. 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 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 12. Compliance with Laws and Regulations. In performing under this 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 Agreement, and shall entitle the non -violating party to terminate this Agreement immediately upon delivery 41 Page of written notice of termination to the violating party. Section 13. Headings. All sections and description headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. Section 14. Entire Agreement. This 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 Agreement shall be valid only when expressed in writing and duly signed by the City and the CRA. In Witness Whereof, the parties hereto have caused this Agreement to be executed on the day and year first above written. SIGNATURE BLOCKS FOLLOW: 5 1 P a g e Att t: CRA �r By: amela L ch VkA Clerk Charles Davis CRA Execut# Director CRA Chairperson Date: Approved as to form and Legal afficien y. David Hall, Esquire CRA Attorney Attest.- Traci ttest: Traci Houchin, MMC, FCRM City Clerk CITY f A o ruff' �; a Date: -7.°' . For the use and reliance of the City of Sanford only. Approved as to form and legal sufficiency. William L. Coibeft, City Attorney 61 Page 4r: Foe.0 CITY OF &kNFO_D D APFR�UE�DFLORIDA CITY COMMISSION MEMORANDUM 23-179 SEPTEMBER 25, 2023 AGENDA WS X RM X Item No. R�2 I�- To: Honorable Mayor and Members of the City Commission PREPARED BY: Cynthia Lindsay, Finance Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Termination Of Intergovernmental/Interagency Agreement Between The City Of Sanford And The Sanford Community Redevelopment Agency (CRA) Relating To Sanford Downtown/Waterfront Catalyst Site STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: City Commission approval of an agreement entitled "Termination Of Intergovernmental/Interagency Agreement Between The City Of Sanford And The Sanford Community Redevelopment Agency Relating To Sanford Downtown/Waterfront Catalyst Site" is requested. FISCAL/STAFFING STATEMENT: The City has taken action that will allow the implementation of this Agreement with funds deriving from reserves. BACKGROUND: On May 8, 2017 the City and the CRA entered an Intergovernmental/Interagency Agreement relating to the funding of the so-called Catalyst Site (the "2017 Agreement') which provided for $5.2 million in funding by the CRA for the streetscaping project relating to the implementation of the Catalyst Site/Heritage Park Project. The funding obligation arises from the terms and conditions of the Development Agreement pertaining to the Catalyst Site enacted by means of Ordinance Number 4403. The City's creation of the CRA resulted from the Board of County Commissioners of Seminole County delegating authority to the City for the establishment, expansion and operation of a community redevelopment agency through the adoption of numerous resolutions which were adopted under the controlling provisions of State law and the County Home Rule Charter. Under the delegation, however, the existence of the CRA will be sunsetting on December 31, 2025. The City and CRA have determined that the provisions of the 2017 Agreement are not needed to fund the provisions of the $5.2 million streetscaping project provided for in the Development Agreement. Upon approval, the City Manager would direct the City's Finance Director to adjust funds and accounts to address and implement the termination of the 2017 Agreement and the necessary fiscal and accounting changes and to take any and all other implementing actions to ensure funding of the streetscape project under the Development Agreement is available. LEGAL REVIEW: The Assistant City Attorney has prepared this agenda memorandum and has no legal objection to the action proposed. RECOMMENDATION: City staff recommends that the City Commission approve the Agreement. SUGGESTED MOTION: "I move to approve the filing Agreement." Attachment: 2017 Agreement.