NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the City agree as follows:

Transcription

1 INTERLOCAL AGREEMENT regarding FINANCIAL SUPPORT OF PITTSBURGH PIRATES SPRING TRAINING FACILITY PROJECT MANATEE COUNTY, FLORIDA CITY OF BRADENTON, FLORIDA This Interlocal Agreement ("Jnterlocal Agreement" or "Agreement") is made and entered into as ofthe~ ay of1,jla ~ 2016, by and between Manatee County, a political subdivision ofthe State of Florida, herei~eferred to as the "County", and the City of Bradenton, a municipal corporation created and existing under the laws of the State of Florida, hereinafter referred to as the "City". RECITALS WHEREAS, the City owns "Pirate City", a spring training facility for the Pittsburgh Pirates located at th St E, Bradenton, FL (the "Facility") and has funded the acquisition, construction, reconstruction or renovation of the Facility through issuance of bonds of the City (the "Project Bonds"); and WHEREAS, pursuant to Florida law, the Facility is subject to annual ad valorem taxation because it is leased to the Pittsburg Pirates; and WHEREAS, the County and City recognize that the Facility serves as an essential generator of tourism and economic activity in the community, such that financial support of the Facility by the County serves a valid public purpose ofthe County; and WHEREAS, Section , Florida Statutes, the "Florida Inter local Cooperation Act", permits the County and City to enter into this lnterlocal Agreement to exercise the powers, privileges and authority which they share in common and which each might exercise separately, in order to make the most efficient use of their powers; and WHEREAS, the County and the City wish to enter into this Jnterlocal Agreement to support the Facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the City agree as follows:

2 Article I AUTHORITY This lnterlocal Agreement is entered into pursuant to the powers and authority granted to the parties hereto under the Constitution and laws of the State of Florida, including expressly (but not limited to) Sections 1 and 2 of Article VIII ofthe Constitution ofthe State offiorida, Chapters 125 and 166 of Florida Statutes and Section of Florida Statutes. Article II CONSTRUCTION All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identities of the party or parties, personal representatives, subcontractors, successors or assigns may require. Article III COUNTY CONTRIBUTION TOWARD PROJECT FUNDIN G 3.1 County Contribution. No later than sixty (60) days after the effective date of this lnterlocal Agreement, the County shall pay to the City, by wire transfer or cashier's check, legally available funds in an amount equal to the ad valorem tax payment of County ad valorem taxes by the City for the 2015 tax year, which equals twenty eight thousand eight hundred and eighty five dollars and sixty three cents dollars ($28,885.63) (the "County Contribution"). 3.2 Use of County Contribution. The City shall use the County Contribution solely fo r the purpose of paying debt service on the Project Bonds Ratification of Prior Contributions. By approval ofthis Interlocal Agreement, the County hereby ratifies the payment of County Contributions in prior tax years (commencing in 2004 for the 2003 tax year and continuing through for the 2014 tax year) for the purpose stated herein, and the City hereby ratifies that such contributions were allocated to the payment of debt service on the Project Bonds. Article IV TERM AND RENEWAL. 4.1 Effective Date. This Interlocal Agreement shall take effect as of its date set forth above and shall remain in effect until September 30, Renewal. Subject to the approval by the County' s Board of County Commissioners and the City' s City Council, the City and the County may renew this Jnterlocal Agreement on an annual basis, in which case the amount to be paid to the City for the applicable tax year shall be equal to the ad valorem taxes paid by the City for the prior tax year. 2

3 Article V AMENDMENTS; ENFORCEMENT 5.1 Amendments Generally. This Interlocal Agreement may be amended, and its material provisions may be waived, only by written instrument expressly approved for the County by the Board of County Commissioners and for the City by the City Council, and only if properly executed by all the parties hereto Enforcement. The parties to this Interlocal Agreement shall have all legal and equitable remedies provided by Florida law for enforcement hereof. Article VI MISCELLANEOUS PROVISIONS 6.1 Va lidity. After consultation with their respective legal counsel, the County and the City each represents and warrants to the other its respective authority and power under Florida law to enter into this Interlocal Agreement, acknowledges the validity and enforceability of this Tnterlocal Agreement, and waives any future right of defense based on claim of illegality, invalidity or unenforceability of any nature. The City and the County each hereby represents, warrants and covenants to and with the other (i) that this Interlocal Agreement has been validly approved by its respective governing body at a duly held public meeting, and (ii) that this Interlocal Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof (assuming the due authorization, execution and delivery hereof by the other party hereto). 6.2 No General Obligation. Notwithstanding any other provisions of this Interlocal Agreement, the obligations undertaken by the parties hereto shall not be construed to be or constitute general obligations, debts or liabilities of the City, the County or the State of Florida or any political subdivision thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided in or contemplated by the respective authorizing instruments and this Interlocal Agreement. 6.3 Indemnification. To the extent permitted by law, and from legally available funds, each of the parties hereto (in such context, an " indemnifying party") shall defend, indemnify and save harmless the other, its officers, agents, employees and assigns, from and against any and all liabilities, claims, damages, losses and expenses, including costs and attorneys fees, arising out of or resulting from the negligent or wrongful acts or omissions of such indemnifying party, its officers, agents or employees, made in connection with the performance of the acts, duties, covenants and obligations contemplated in, or imposed pursuant to, this Interlocal Agreement. 6.4 Force Majeure. No party shall be liable for any failure to perform, or delay in the performance of, any obligation under this Interlocal Agreement if such failure is caused directly by 3

4 hurricane, tornado, fire, earthquake, civil commotion or failure or disruption of utility services, or other like cause beyond the reasonable control ofthe party obliged to perform. 6.5 Ambiguities. Both parties have been allowed equal input regarding the terms and wording of this Interlocal Agreement and have had the benefit of consultation with legal counsel prior to its execution, such that all language herein shall be construed equally against the parties, and no language shall be construed strictly against its drafter. 6.6 Headings. The headings or captions of sections or paragraphs used in this Interlocal Agreement are for convenience of reference only and are not intended to define or I imit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Interlocal Agreement Severability. The provisions of this Interlocal Agreement are declared by the parties to be severable. 6.8 Governing Law; Venue. This lnterlocal Agreement shall be governed by and construed in accordance with laws of the State of Florida, and venue for any action arising out of or related to this Interlocal Agreement shall be in the Circuit Court for the Twelfth Judicial Circuit in Manatee County, Florida. 6.9 Full Agreement; Filing with Clerk of Circuit Court. This Interlocal Agreement contains the entire agreement of the parties with respect to the matters addressed herein. Previous agreements and understandings of the parties, including without limitation the Agreement in Principle, with respect to such matters are null and void and of no effect. As required by Subsection (11) offiorida Statutes, this Jnterlocal Agreement and all amendments thereto shall be filed with the Clerk to the Circuit Court for Manatee County Notices. All notices, elections, requests and other communications hereunder shall be in writing and shall be deemed given in the fo llowing circumstances: when personally delivered; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimi le or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall give written notice as provided herein): Jfto County: Manatee County Administrator Manatee County Administration Center 1112 Manatee A venue, Suite 920 Bradenton, Florida Facsimile: (941)

5 With copies to: Manatee County Clerk of the Circuit Court :R-. ~. Sll;}en;, C l i~=o l~ 1115 Manatee Avenue West Bradenton, Florida Facsimile: (941 ) And Manatee County Attorney' s Office 1112 Manatee Avenue West, Suite 969 Bradenton, Florida Attention: County Attorney Facsimile: (941) Ifto City: With copies to: Bradenton City Clerk's Office Carl A. Callahan, City Clerk 101 Old Main Street Bradenton, Florida Facsimile: (941) City Attorney's Office 5+~ 13'h Strcer\Vest Bradenton, Florida Attention: City Attorney Facsimile: (941) In all cases, notices shall be deemed delivered to a party only upon delivery of copies to the persons indicated above in the same manner as for the party being notified. [signature page to follow} 5

6 WHEREFORE, the County and the City have executed this Interlocal Agreement as of the date and year first above written. MANATEE COUNTY, FLORIDA By: Board of County Co tsstoners By :.~~~z_:_==:::; -~/:::::::=- County Administrat r [signature page]

7 Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 26, 2016 REVISED July 26, Regular Meeting Agenda Item #32 Subject Interlocal Agreement Regarding Pirate City Tax Refund Briefings None Contact and/or Presenter Information Jan Brewer, Director Financial Management Department Extension 3726 Action Requested Approval and authorization for the County Administrator to execute the Interlocal Agreement regarding Financial Support of Pittsburgh Pirates Spring Training Facility Project Enabling/Regulating Authority Florida Statute, Chapters 125 and 166, and Section Constitution of the State of Florida, Sections 1 and 2 of Article VIII Background Discussion On September 9, 2003, the Board of County Commissioners approved the concept of returning the County portion of property taxes paid by the City of Bradenton to the County on Pirate City Property. The Board of County Commissioners has approved this payment annually since that time. Most recently, the Board approved a payment of $28, to the City of Bradenton for the 2015 tax bill at the meeting of May 10, It was requested by the Board at that time that a formal agreement be prepared between Manatee County and the City of Bradenton. County Attorney Review Other (Requires explanation in field below) Explanation of Other The County Attorney's office prepared the Interlocal Agreement regarding Financial Support of Pittsburgh Pirates Spring Training Facility Project. Reviewing Attorney

8 Clague Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 26, 2016 Instructions to Board Records Return fully executed documents to the County Attorney's Office to the attention of Bill Clague. Mail a copy to the City Administrator for the City of Bradenton at 101 Old Main Street, Bradenton, FL copies to budget@mymanatee.org and the County Attorney's Office at juliet.shepard@mymanatee.org. Cost and Funds Source Account Number and Name General Fund - General County; Aids to governmental agencies Amount and Frequency of Recurring Costs Annually recurring costs of varying amounts Attachment: Clague Memo - RLS Pirate City Property Taxes pdf Attachment: Interlocal Agreement with City of Bradenton pdf Attachment: Interlocal Agreement with City of Bradenton (strike-through).pdf Attachment: Interlocal Agreement with City of Bradenton (final).pdf

9 Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 26, 2016 July 26, Regular Meeting Agenda Item #32 Subject Interlocal Agreement Regarding Pirate City Tax Refund Briefings None Contact and/or Presenter Information Jan Brewer, Director Financial Management Department Extension 3726 Action Requested Approval and authorization for the County Administrator to execute the Interlocal Agreement regarding Financial Support of Pittsburgh Pirates Spring Training Facility Project Enabling/Regulating Authority Florida Statute, Chapters 125 and 166, and Section Constitution of the State of Florida, Sections 1 and 2 of Article VIII Background Discussion On September 9, 2003, the Board of County Commissioners approved the concept of returning the County portion of property taxes paid by the City of Bradenton to the County on Pirate City Property. The Board of County Commissioners has approved this payment annually since that time. Most recently, the Board approved a payment of $28, to the City of Bradenton for the 2015 tax bill at the meeting of May 10, It was requested by the Board at that time that a formal agreement be prepared between Manatee County and the City of Bradenton. County Attorney Review Other (Requires explanation in field below) Explanation of Other The County Attorney's office prepared the Interlocal Agreement regarding Financial Support of Pittsburgh Pirates Spring Training Facility Project. Reviewing Attorney

10 Clague Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 26, 2016 Instructions to Board Records Return fully executed documents to the County Attorney's Office to the attention of Bill Clague. Mail a copy to the City Administrator for the City of Bradenton at 101 Old Main Street, Bradenton, FL copies to budget@mymanatee.org and the County Attorney's Office at juliet.shepard@mymanatee.org. Cost and Funds Source Account Number and Name General Fund - General County; Aids to governmental agencies Amount and Frequency of Recurring Costs Annually recurring costs of varying amounts Attachment: Clague Memo - RLS Pirate City Property Taxes pdf Attachment: Interlocal Agreement with City of Bradenton pdf

11 From: To: Cc: Subject: Date: Attachments: Diane Vollmer Betsy Benac; Carol Whitmore; Charles Smith; John Chappie; Larry Bustle; Robin DiSabatino; Vanessa Baugh Mitchell Palmer; Angel Colonneso; Vicki Tessmer; Amanda Cornwell; Quantana Acevedo; Robin Toth; John Barnott; Fred Goodrich; Jan Brewer; Debbie Carpenter; Charlie Hunsicker; Jayne Roberts; Lena Rapp; Robert Smith; Mary Allred; Randi Dunsworth; Dan Schlandt; Ed Hunzeker; Karen Windon July 26 BCC Agenda - Updates Monday, July 25, :49:29 PM Item 18 - Esplanade Plat - Exhibit D to Supplemental Declaration.pdf Item 32 - Interlocal Agreement with City of Bradenton (strike-through).pdf Item 32 - Interlocal Agreement with City of Bradenton (final).pdf Item 39 - FY County Projects.pdf Item 42 - Exhibit A to Interlocal Agreement for Wetlands Mitigations Activities.pdf Commissioners, Below are updates to the July 26 agenda. These updates will be reflected on the agenda update memo and in the e-agenda as follows: Changes to Consent Agenda: Item 18 - Final Plat - Esplanade Phase V, Subphases A, B, C, D, E, and F The Supplemental Declaration (contained in the Legal Documents attached to the agenda item) was updated to include Exhibit D, which was inadvertently omitted. Item 32 - Interlocal Agreement Regarding Pirate City Tax Refund An updated version of the agreement, including minor revisions, has been added to this agenda item (in strikethrough and final formats). Item 39 - Beach Renourishment Funding An additional document, FY County Projects, was add to this agenda item for informational purposes. Item 42 - Interlocal Agreement regarding Wetlands Mitigation Activities The Agreement with Sarasota County has been updated to include Exhibit A, which was inadvertently omitted. Item 68 - EMS Billing Adjustments May 2016 Request to adjust receivable accounts is being deferred. Item 69 - Write Off Uncollectible EMS Ambulance User Fees - May 2016 Request to remove uncollectible accounts for ambulance user fees is being deferred. Diane Vollmer Agenda Coordinator Manatee County Government 1112 Manatee Avenue West Bradenton, FL Phone: ; Fax: diane.vollmer@mymanatee.org

12 MEMORANDUM To: From: Ed Hunzeker, County Administrator Diane Vollmer, Agenda Coordinator Date: July 25, 2016 Subject: Agenda Update for Meeting of July 26, 2016 THIS MEMO AND THE CHANGES INDICATED BELOW ARE REFLECTED IN THE ELECTRONIC AGENDA (E-AGENDA) CHANGES TO CONSENT AGENDA BUILDING AND DEVELOPMENT SERVICES 18. Final Plat - Esplanade Phase V, Subphases A, B, C, D, E, and F The Supplemental Declaration (contained in the Legal Documents attached to the agenda item) was updated to include Exhibit D, which was inadvertently omitted. FINANCIAL MANAGEMENT 32. Interlocal Agreement Regarding Pirate City Tax Refund An updated version of the agreement, including minor revisions, has been added to this agenda item (in strike-through and final formats). PARKS AND NATURAL RESOURCES 39. Beach Renourishment Funding An additional document, FY County Projects, was add to this agenda item for informational purposes. 42. Interlocal Agreement regarding Wetlands Mitigation Activities The Agreement with Sarasota County has been updated to include Exhibit A, which was inadvertently omitted. PUBLIC SAFETY 68. EMS Billing Adjustments May 2016 Request to adjust receivable accounts is being deferred. 69. Write Off Uncollectible EMS Ambulance User Fees - May 2016 Request to remove uncollectible accounts for ambulance user fees is being deferred. County Administrator s Office 1112 Manatee Avenue West Bradenton, FL Phone number: (941) LARRY BUSTLE * CHARLES B. SMITH * JOHN R. CHAPPIE * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENAC District 1 District 2 District 3 District 4 District 5 District 6 District 7

13 CAO DRAFT 06/09/16 INTERLOCAL AGREEMENT regarding FINANCIAL SUPPORT OF PITTSBURGH PIRATES SPRING TRAINING FACILITY PROJECT MANATEE COUNTY, FLORIDA CITY OF BRADENTON, FLORIDA This Interlocal Agreement ( Interlocal Agreement or Agreement ) is made and entered into as of the day of, 2016, by and between Manatee County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the City of Bradenton, a municipal corporation created and existing under the laws of the State of Florida, hereinafter referred to as the City. RECITALS WHEREAS, the City owns Pirate City, a spring training facility for the Pittsburgh Pirates located at th St E, Bradenton, FL (the Facility ) and has funded the acquisition, construction, reconstruction or renovation of the Facility through issuance of bonds of the City (the Project Bonds ); and WHEREAS, pursuant to Florida law, the Facility is subject to annual ad valorem taxation because it is leased to the Pittsburg Pirates; and WHEREAS, the County and City recognize that the Facility serves as an essential generator of tourism and economic activity in the community, such that financial support of the Facility by the County serves a valid public purpose of the County; and WHEREAS, Section , Florida Statutes, the Florida Interlocal Cooperation Act, permits the County and City to enter into this Interlocal Agreement to exercise the powers, privileges and authority which they share in common and which each might exercise separately, in order to make the most efficient use of their powers; and WHEREAS, the County and the City wish to enter into this Interlocal Agreement to support the Facility. 1

14 NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the City agree as follows: Article I AUTHORITY This Interlocal Agreement is entered into pursuant to the powers and authority granted to the parties hereto under the Constitution and laws of the State of Florida, including expressly (but not limited to) Sections 1 and 2 of Article VIII of the Constitution of the State of Florida, Chapters 125 and 166 of Florida Statutes and Section of Florida Statutes. Article II CONSTRUCTION All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identities of the party or parties, personal representatives, subcontractors, successors or assigns may require. Article III COUNTY CONTRIBUTION TOWARD PROJECT FUNDING 3.1 County Contribution. No later than sixty (60) days after the effective date of this Interlocal Agreement, the County shall pay to the City, by wire transfer or cashier s check, legally available funds in an amount equal to the ad valorem tax payment of County ad valorem taxes by the City for the 2015 tax year, which equals twenty eight thousand eight hundred and eighty five dollars and sixty three cents dollars ($28,885.63) (the County Contribution ). 3.2 Use of County Contribution. The City shall use the County Contribution solely for the purpose of paying debt service on the Project Bonds Ratification of Prior Contributions. By approval of this Interlocal Agreement, the County hereby ratifies the payment of County Contributions in prior tax years (commencing in 2004 for the 2003 tax year and continuing through 2015 for the 2014 tax year) for the purpose stated herein, and the City hereby ratifies that such contributions were allocated to the payment of debt service on the Project Bonds. Article IV TERM AND RENEWAL. 4.1 Effective Date. This Interlocal Agreement shall take effect as of its date set forth above and shall remain in effect until September 30, Renewal. Subject to the approval by the County s Board of County Commissioners and the City s City Council, the City and the County may renew this Interlocal Agreement on an 2

15 annual basis, in which case the amount to be paid to the City for the applicable tax year shall be equal to the ad valorem taxes paid by the City for the prior tax year. Article V AMENDMENTS; ENFORCEMENT 5.1 Amendments Generally. This Interlocal Agreement may be amended, and its material provisions may be waived, only by written instrument expressly approved for the County by the Board of County Commissioners and for the City by the City Council, and only if properly executed by all the parties hereto Enforcement. The parties to this Interlocal Agreement shall have all legal and equitable remedies provided by Florida law for enforcement hereof. Article VI MISCELLANEOUS PROVISIONS 6.1 Validity. After consultation with their respective legal counsel, the County and the City each represents and warrants to the other its respective authority and power under Florida law to enter into this Interlocal Agreement, acknowledges the validity and enforceability of this Interlocal Agreement, and waives any future right of defense based on claim of illegality, invalidity or unenforceability of any nature. The City and the County each hereby represents, warrants and covenants to and with the other (i) that this Interlocal Agreement has been validly approved by its respective governing body at a duly held public meeting, and (ii) that this Interlocal Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof (assuming the due authorization, execution and delivery hereof by the other party hereto). 6.2 No General Obligation. Notwithstanding any other provisions of this Interlocal Agreement, the obligations undertaken by the parties hereto shall not be construed to be or constitute general obligations, debts or liabilities of the City, the County or the State of Florida or any political subdivision thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided in or contemplated by the respective authorizing instruments and this Interlocal Agreement. 6.3 Indemnification. To the extent permitted by law, and from legally available funds, each of the parties hereto (in such context, an indemnifying party ) shall defend, indemnify and save harmless the other, its officers, agents, employees and assigns, from and against any and all liabilities, claims, damages, losses and expenses, including costs and attorneys fees, arising out of or resulting from the negligent or wrongful acts or omissions of such indemnifying party, its officers, agents or employees, made in connection with the performance of the acts, duties, covenants and obligations contemplated in, or imposed pursuant to, this Interlocal Agreement. 3

16 6.4 Force Majeure. No party shall be liable for any failure to perform, or delay in the performance of, any obligation under this Interlocal Agreement if such failure is caused directly by hurricane, tornado, fire, earthquake, civil commotion or failure or disruption of utility services, or other like cause beyond the reasonable control of the party obliged to perform. 6.5 Ambiguities. Both parties have been allowed equal input regarding the terms and wording of this Interlocal Agreement and have had the benefit of consultation with legal counsel prior to its execution, such that all language herein shall be construed equally against the parties, and no language shall be construed strictly against its drafter. 6.6 Headings. The headings or captions of sections or paragraphs used in this Interlocal Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Interlocal Agreement. 6.7 Severability. The provisions of this Interlocal Agreement are declared by the parties to be severable. 6.8 Governing Law; Venue. This Interlocal Agreement shall be governed by and construed in accordance with laws of the State of Florida, and venue for any action arising out of or related to this Interlocal Agreement shall be in the Circuit Court for the Twelfth Judicial Circuit in Manatee County, Florida. 6.9 Full Agreement; Filing with Clerk of Circuit Court. This Interlocal Agreement contains the entire agreement of the parties with respect to the matters addressed herein. Previous agreements and understandings of the parties, including without limitation the Agreement in Principle, with respect to such matters are null and void and of no effect. As required by Subsection (11) of Florida Statutes, this Interlocal Agreement and all amendments thereto shall be filed with the Clerk to the Circuit Court for Manatee County Notices. All notices, elections, requests and other communications hereunder shall be in writing and shall be deemed given in the following circumstances: when personally delivered; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall give written notice as provided herein): If to County: Manatee County Administrator Manatee County Administration Center 1112 Manatee Avenue, Suite 920 4

17 Bradenton, Florida Facsimile: (941) With copies to: Manatee County Clerk of the Circuit Court Angelina ColonnesoR.B. Shore, Clerk 1115 Manatee Avenue West Bradenton, Florida Facsimile: (941) And Manatee County Attorney s Office 1112 Manatee Avenue West, Suite 969 Bradenton, Florida Attention: County Attorney Facsimile: (941) If to City: With copies to: Bradenton City Clerk s Office Carl A. Callahan, City Clerk 101 Old Main Street Bradenton, Florida Facsimile: (941) City Attorney s Office th Avenue W., Suite F th Street West Bradenton, Florida Attention: City Attorney Facsimile: (941) In all cases, notices shall be deemed delivered to a party only upon delivery of copies to the persons indicated above in the same manner as for the party being notified. [signature page to follow] 5

18 WHEREFORE, the County and the City have executed this Interlocal Agreement as of the date and year first above written. MANATEE COUNTY, FLORIDA By: Board of County Commissioners By: County Administrator CITY OF BRADENTON, FLORIDA ATTEST: Carl A. Callahan, City Clerk By: Mayor/Pro Tem [signature page]

19 INTERLOCAL AGREEMENT regarding FINANCIAL SUPPORT OF PITTSBURGH PIRATES SPRING TRAINING FACILITY PROJECT MANATEE COUNTY, FLORIDA CITY OF BRADENTON, FLORIDA This Interlocal Agreement ( Interlocal Agreement or Agreement ) is made and entered into as of the day of, 2016, by and between Manatee County, a political subdivision of the State of Florida, hereinafter referred to as the County, and the City of Bradenton, a municipal corporation created and existing under the laws of the State of Florida, hereinafter referred to as the City. RECITALS WHEREAS, the City owns Pirate City, a spring training facility for the Pittsburgh Pirates located at th St E, Bradenton, FL (the Facility ) and has funded the acquisition, construction, reconstruction or renovation of the Facility through issuance of bonds of the City (the Project Bonds ); and WHEREAS, pursuant to Florida law, the Facility is subject to annual ad valorem taxation because it is leased to the Pittsburg Pirates; and WHEREAS, the County and City recognize that the Facility serves as an essential generator of tourism and economic activity in the community, such that financial support of the Facility by the County serves a valid public purpose of the County; and WHEREAS, Section , Florida Statutes, the Florida Interlocal Cooperation Act, permits the County and City to enter into this Interlocal Agreement to exercise the powers, privileges and authority which they share in common and which each might exercise separately, in order to make the most efficient use of their powers; and WHEREAS, the County and the City wish to enter into this Interlocal Agreement to support the Facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the County and the City agree as follows: 1

20 Article I AUTHORITY This Interlocal Agreement is entered into pursuant to the powers and authority granted to the parties hereto under the Constitution and laws of the State of Florida, including expressly (but not limited to) Sections 1 and 2 of Article VIII of the Constitution of the State of Florida, Chapters 125 and 166 of Florida Statutes and Section of Florida Statutes. Article II CONSTRUCTION All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identities of the party or parties, personal representatives, subcontractors, successors or assigns may require. Article III COUNTY CONTRIBUTION TOWARD PROJECT FUNDING 3.1 County Contribution. No later than sixty (60) days after the effective date of this Interlocal Agreement, the County shall pay to the City, by wire transfer or cashier s check, legally available funds in an amount equal to the ad valorem tax payment of County ad valorem taxes by the City for the 2015 tax year, which equals twenty eight thousand eight hundred and eighty five dollars and sixty three cents dollars ($28,885.63) (the County Contribution ). 3.2 Use of County Contribution. The City shall use the County Contribution solely for the purpose of paying debt service on the Project Bonds Ratification of Prior Contributions. By approval of this Interlocal Agreement, the County hereby ratifies the payment of County Contributions in prior tax years (commencing in 2004 for the 2003 tax year and continuing through 2015 for the 2014 tax year) for the purpose stated herein, and the City hereby ratifies that such contributions were allocated to the payment of debt service on the Project Bonds. Article IV TERM AND RENEWAL. 4.1 Effective Date. This Interlocal Agreement shall take effect as of its date set forth above and shall remain in effect until September 30, Renewal. Subject to the approval by the County s Board of County Commissioners and the City s City Council, the City and the County may renew this Interlocal Agreement on an annual basis, in which case the amount to be paid to the City for the applicable tax year shall be equal to the ad valorem taxes paid by the City for the prior tax year. 2

21 Article V AMENDMENTS; ENFORCEMENT 5.1 Amendments Generally. This Interlocal Agreement may be amended, and its material provisions may be waived, only by written instrument expressly approved for the County by the Board of County Commissioners and for the City by the City Council, and only if properly executed by all the parties hereto Enforcement. The parties to this Interlocal Agreement shall have all legal and equitable remedies provided by Florida law for enforcement hereof. Article VI MISCELLANEOUS PROVISIONS 6.1 Validity. After consultation with their respective legal counsel, the County and the City each represents and warrants to the other its respective authority and power under Florida law to enter into this Interlocal Agreement, acknowledges the validity and enforceability of this Interlocal Agreement, and waives any future right of defense based on claim of illegality, invalidity or unenforceability of any nature. The City and the County each hereby represents, warrants and covenants to and with the other (i) that this Interlocal Agreement has been validly approved by its respective governing body at a duly held public meeting, and (ii) that this Interlocal Agreement constitutes a legal, valid and binding contract enforceable against the respective party in accordance with the terms hereof (assuming the due authorization, execution and delivery hereof by the other party hereto). 6.2 No General Obligation. Notwithstanding any other provisions of this Interlocal Agreement, the obligations undertaken by the parties hereto shall not be construed to be or constitute general obligations, debts or liabilities of the City, the County or the State of Florida or any political subdivision thereof within the meaning of the Constitution and laws of the State of Florida, but shall be payable solely in the manner and to the extent provided in or contemplated by the respective authorizing instruments and this Interlocal Agreement. 6.3 Indemnification. To the extent permitted by law, and from legally available funds, each of the parties hereto (in such context, an indemnifying party ) shall defend, indemnify and save harmless the other, its officers, agents, employees and assigns, from and against any and all liabilities, claims, damages, losses and expenses, including costs and attorneys fees, arising out of or resulting from the negligent or wrongful acts or omissions of such indemnifying party, its officers, agents or employees, made in connection with the performance of the acts, duties, covenants and obligations contemplated in, or imposed pursuant to, this Interlocal Agreement. 6.4 Force Majeure. No party shall be liable for any failure to perform, or delay in the performance of, any obligation under this Interlocal Agreement if such failure is caused directly by 3

22 hurricane, tornado, fire, earthquake, civil commotion or failure or disruption of utility services, or other like cause beyond the reasonable control of the party obliged to perform. 6.5 Ambiguities. Both parties have been allowed equal input regarding the terms and wording of this Interlocal Agreement and have had the benefit of consultation with legal counsel prior to its execution, such that all language herein shall be construed equally against the parties, and no language shall be construed strictly against its drafter. 6.6 Headings. The headings or captions of sections or paragraphs used in this Interlocal Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Interlocal Agreement. 6.7 Severability. The provisions of this Interlocal Agreement are declared by the parties to be severable. 6.8 Governing Law; Venue. This Interlocal Agreement shall be governed by and construed in accordance with laws of the State of Florida, and venue for any action arising out of or related to this Interlocal Agreement shall be in the Circuit Court for the Twelfth Judicial Circuit in Manatee County, Florida. 6.9 Full Agreement; Filing with Clerk of Circuit Court. This Interlocal Agreement contains the entire agreement of the parties with respect to the matters addressed herein. Previous agreements and understandings of the parties, including without limitation the Agreement in Principle, with respect to such matters are null and void and of no effect. As required by Subsection (11) of Florida Statutes, this Interlocal Agreement and all amendments thereto shall be filed with the Clerk to the Circuit Court for Manatee County Notices. All notices, elections, requests and other communications hereunder shall be in writing and shall be deemed given in the following circumstances: when personally delivered; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall give written notice as provided herein): If to County: Manatee County Administrator Manatee County Administration Center 1112 Manatee Avenue, Suite 920 Bradenton, Florida Facsimile: (941)

23 With copies to: Manatee County Clerk of the Circuit Court Angelina Colonneso, Clerk 1115 Manatee Avenue West Bradenton, Florida Facsimile: (941) And Manatee County Attorney s Office 1112 Manatee Avenue West, Suite 969 Bradenton, Florida Attention: County Attorney Facsimile: (941) If to City: With copies to: Bradenton City Clerk s Office Carl A. Callahan, City Clerk 101 Old Main Street Bradenton, Florida Facsimile: (941) City Attorney s Office th Avenue W., Suite F Bradenton, Florida Attention: City Attorney Facsimile: (941) In all cases, notices shall be deemed delivered to a party only upon delivery of copies to the persons indicated above in the same manner as for the party being notified. [signature page to follow] 5

24 WHEREFORE, the County and the City have executed this Interlocal Agreement as of the date and year first above written. MANATEE COUNTY, FLORIDA By: Board of County Commissioners By: County Administrator CITY OF BRADENTON, FLORIDA ATTEST: Carl A. Callahan, City Clerk By: Mayor/Pro Tem [signature page]

25 From: William Clague Sent: Thursday, June 09, :55 PM To: Jan Brewer Cc: Mitchell Palmer; Dan Schlandt; Juliet Shepard Subject: Pirate City Property Taxes Agreement; RLS Jan: Pursuant to the above Request for Legal Services, you have asked this office to draft an Interlocal Agreement (ILA) for the repayment to the City of Bradenton of ad valorem taxes paid to the County for the Pirate City facility. The County has followed the practice of reimbursing these ad valorem taxes to the City on an annual basis since The 2003 minutes of the Board indicate that when the County first undertook the practice, this office advised of the need to implement it by written agreement. No such agreement, however, has ever been put in place. In response to the RLS, please find the attached ILA, which can be summarized as follows: 1. The ILA includes a provision for a one-year-only payment of legally available funds equal to the 2015 ad valorem tax to the City; 2. As we have previously discussed, it requires the City to use the funds to pay debt service on the facility; 3. It also includes a clause to ratify past payments to reconcile the failure to obtain a written agreement in prior years; and 4. It allows for renewal on a year-by-year basis by Board approval. Please review the ILA and let me know if you have any suggested changes before I forward it to the City Attorney for review and consideration. This concludes my response to the RLS. Bill Clague Assistant County Attorney Manatee County, Florida ph fx william.clague@mymanatee.org

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