Loading...
HomeMy WebLinkAboutSEOPW-CRA-1996-01-22-Discussion Item 03� 01i22i88 15:62 a y ICI E M O R A N ID IU 4' Members of the TUt Firtanctz Trust Fttn ,S �.e DATL January 19, 1996 :. Hon, Gwen Margolin, Vice Chairperson Hon. Maujic a Ferre Hon. Katy Sorenson SUBJECT: Meeting of the Fri Wednesday, Januaty 24, 1996 FROM; J C. Burke, Chairman at 10:00 am, _8CC Qpgabcrs County Commission RuIrA - Rule 1,17 Decomm 'Any person ntskk4 Vppertinent or smdetow rmarb a who becomes bobterous while addressing the cammtnion, shalt be bored tram ratifier sualatm before the a mm iuiom by the presW* officer,unleu permission to aandaue or again address the nomraiaban be aramted by the maf arity vnte of the as miadw uaembem preWL Na crap&& apptauding, hocItfing or verbol ouftnts in support or apposition to a spesker or his or her remaris"be permitted. No signs or plsrutla :belt be rllcmd W the commiuiea ehambeis. Pa oms siting the oanmission ebxmbm. shoot do to quietly.' The meeting of the Finance & Trust Funds Committee scheduled for Wednesday, January 17, 1996 at 10:00 a.m., has been reacboduled for Wednesday, January 24, 1996 in the BCC Chambers, Ill N.W. 1st Street, second floor, Miami. Tile Agenda is as follows: 1. Arthur Andersen's request for extension of WASD contract 2. Ot&nance amending Code relatingg to Solid Waste setvicing new incorporated auras (BCC I~irsfReaftg 1-16-96) 3. Omni Tax Increment District: a. Interlocal Agreement b. Resolution authorizing execution of Interlocal Agreement with G$ty of Miarfti Omni Redevelopment Area to encompass Perfortinnag Arts Center Component 4. Report on, Rating Agencies presentations (Oral) a. Aviadony"i rtment b. Solid Waft -Department 5. Aviation Issues: _ a. Ordinance autborizang $24 Billion, AP Revenue Bonds issuance (ABM First Reading I-16-96 b. Resolution authorizing issuance of 295 Million Revenue Bonds, Series 1996A and 19966B 6. Update on other current Bond issues (Oral) a. Fire Bonds b. Sales Tax ar .Utilities Bonds Refundings c. EFA - University of Miami Refunding d. Seaport Refunding e, Aviation Refunding Bonds f. WASD Swap Proposal 7. Request to review refinancing and/or restructuring of Certain Outstanding Bond Issues (OrMl) 8. Final Report on M.A.S. Pool RFQ Rasults 9. Other Business Community Redevelopment Agency Omni Redevelopment Area Interlocal Agreement Analysis of the Dade County Memorandum dated 12/18/95 The following is a series of observations and comments made in response to the County Manager Armando Vidal's memorandum, dated December 18, 1995, to the Commissioner Alex Panelas with respect to the Omni Interlocal Agreement ("Agreement"). The terms of the Agreement proposed by both Community Redevelopment Agency ("CRA") and Dade County ("County") are, by large, not significantly different. Nevertheless, there are a few issues requiring further discussions and clarifications. Amendment to the Redevelopment Plan: Contrary to the County's claim, the CRA has not indicated any opposition to amending the Omni Redevelopment Plan ("Plan") to incorporate the Performing Arts Center ("PAC") project. As a matter of fact the draft amendment incorporating the PAC to the Plan was approved by the CRA Board at its October 16,1995 meeting. Funding of the Homeless Shelter As indicated in the Mr. Vidal's memorandum, the former County Manager Joaquin Avino's letter, dated March 19, 1992, asked the City to prepare a new amendment to the Plan for the purpose of incorporating the PAC project in the overall Plan In accordance with the County's request, the City initiated the amendatory process and negotiated the new terms of the Agreement with the County Officials. The funding of the Homeless Shelter did not become a pressing issue until the day before the City Commission meeting to consider the new Agreement, when the County requested a brand new provision to the Agreement in connection with the Homeless Shelter. The City initially opposed the use of tax increment revenue to fund any activity associated with the Homeless Shelter. However after long discussions, the City in its capacity as the CRA decided to act on this issue pursuant to the wishes of the residents of the Omni Area. Consequently, the CRA Board conducted two public hearings in Omni Area, adopting the following conditions for the use of tax increment revenue: ♦ No tax increment revenues shall be used to fund the Homeless Shelter. ♦ Funding commitment to support the PAC project shall be limited to $10 million bond issue. Funds not appropriated for PAC shall be used for other redevelopment activities in the area. The Agreement was revised to reflect the above conditions and a "redlined" copy was sent to the County on September 7,1995. Commitment of Tax Increment Revenues In accordance with the public hearings conducted in the ' Omni Area, the CRA Board limited the annual tax increment revenue committed for the PAC at $1 million, which supports a bond issue of approximately $10 million. Despite the CRA and area residents' wishes, the County still demands the first $1.43 million of tax increment revenue be committed for the PAC. This seems to be a moot issue since, the estimated revenue for the current year is about $648,000 which is less than one half of the revenue when the district was originally set up back in 1987. The Omni Redevelopment District ("District") was principally set up to reverse conditions causing the area's declining tax base. The District's tax base continues to deteriorate since 1987, simply due to City and County failure to reach a resolution to address the issues outlined in the Plan. Unless an agreement reached by the parties, the tax base will continue to shrink further. Property Acquisition and Disposition The City of Miami as the Community Redevelopment Agency would like to retain powers for the acquisition or disposition of property for all areas outside the Performing Arts Center project area. The CRA needs to have the ability to undertake projects in a timely manner without undue delays. Seeking the 2 ureaucracy, n'aku'g the another layer of b al Will simply acI e cumbersome. appro rocess Slow lo a County w development p inS its Center rxoject Arts perform with the pexforrningancY sowers for associated of final occup n ilding and Zoning e all pow ers gu a to ass ection, and lssa a acbuilding and zone would hk ermitting, with the City The County design, P Center projec eds to be dealt directly This issue ne matter. 3 107,07.17Awriooms.NiiAu.' T O : Commissioner Alexander Penelas DATE: December 18, 1995 SUBJECT: Report on the Omni Tax Increment District Interlocal FROM: do Vi P.E. Agreement County Manager - ' ' ' - As requested in your memorandum of December 15, 1995 (copy attached) concerning the Omni Tax Increment District Interlocal Agreement, this memorandum should provide you with an update regarding the items identified. It should be noted that the County Attorney's Office has pointed out that the following steps need to occur in regard to the Redevelopment Plan and the Interlocal Agreement, the two documents needed to commence redevelopment in the Omni Tax Increment District: • The City of Miami must initiate a request to the County to amend the Redevelopment Plan to include the specific projects (ie., the Performing Arts Center and the Homeless Housing Component). • The amendatory process for the Plan involves certain statutory requirements covering public notice and public hearings (see attached memorandum of March 30, 1995 from the County Attorney's Office). • Both the County and the City must approve a mutually acceptable Interlocal Agreement. • An Interlocal Agreement can be acted upon by the County and the City contingent upon an amendment of the Plan (Le., the Interlocal cannot take effect until the Plan is amended). BACKGROUND AND CHRONOLOGY OF NEGOTIATIONS The Omni Tax Increment District was formed by the Board of County Commissioners by Ordnance No. 87-47 and the Redevelopment Plan was approved by County Commission by Resolution R 825-87 on July 7, 1987. For the approximately three year period following the creation of the District, while the County appropriated required increments, no redevelopment activity occurred. On November 6, 1990 the County Commission approved a Performing Arts Center Financing Plan earmarking $11,767,000 from projected Omni Tax Increment bond proceeds for the new performing arts center. In a letter dated March 19, 1992 to City Manager Cesar Odio, County Manager Joaquin Avino requested that the City of Miami initiate the process of amending the Omni Redevelopment Plan to include the performing arts center as the catalytic project. This letter outlined a conceptual agreement between the County and the City regarding the business terms of the Interlocal Agreement: the City would serve as the Community Redevelopment Agency and tax increment district funding provided to the County for the performing arts center would be capped at an amount sufficient for the project's required capital budget with any excess available to the City for other redevelopment activity. On July 13, 1993, the County Commission approved an updated Performing Arts Center Financing Plan which projected a revised bonding capacity of $ 11,908,000 from the Omni Tax Increment District. The Commission's actions included a condition to "provide $5 million from the bond proceeds for the Omni Tax Increment District on a Homeless Housing component, pending its inclusion in the interlocal agreement with the City of Miami" (Clerk's Summary Minutes, July 13, 1993). The following is a summary chronology of the negotiation activities that followed the County Commission's July 13, 1993 actions: • Responding to a draft Interlocal Agreement received from the City of Miami, County Manager Joaquin Avino transmitted a revised draft Interlocal Agreement on February 14, 1994 to City Manager Cesar Odio outlining the July 13, 1993 County Commission's actions in regard to the performing arts center and the homeless housing component and requested the City's review and concurrence. • On November 17, 1994, the City of Miami Commission unanimously approved the County's draft of the Interlocal Agreement, deleting the homeless housing component. • From March through April 1995, you were joined by County staff from the County Attorney's Office, Finance Department, Homeless Trust and Cultural Affairs Council in meetings with each member of the City Commission to outline the County's position on the Omni Tax Increment District. • On May 4, 1995, we transmitted a revised County draft of the Interlocal Agreement to City Manager Cesar Odio (copy attached); this draft was presented as a report to the County Commission's Budget and Rules Committee on May 11, 1995; the Committee's response was to request that a Manager's report be provided to the full County Commission within 90 days outlining progress on resolving outstanding issues. • On May 11, 1995, the City Commission reviewed the County's most recent draft (May 4, 1995) of the Interlocal Agreement and decided to hold public hearings in the Omni area for input from the District's residents. • On June 20, 1995, we provided a written report, including an update on the Omni Tax Increment District, to the County Commission in conjunction with a request for authorization to begin contract negotiations with the first ranked architectural firm for the performing arts center, Cesar Pelli and Associates. At this County Commission meeting, Performing Arts Center Trust Chairperson Parker Thomson committed to work with the County to find solutions to resolve the Omni Tax Increment District issues with the City. • On June 15, 1995, the City Commission, acting in their capacity as the appointed Community Redevelopment Agency (CRA) for the Omni Tax Increment District, held its first public hearing at The Grand Condominium and Grand Doubletree Hotel in the Omni district. • On June 29, 1995, the CRA held its second public hearing at the Grand Condominium and Grand Doubletree Hotel and at the conclusion of the hearing, voted unanimously to approve an Interlocal Agreement that provided the County with revenues from the District sufficient to generate $10 million in bond proceeds for the performing arts center project only, with any available excess revenues to be used by the CRA -at its discretion for District projects. • On'September 7, 1995, the City of Miami conveyed to County Manager Armando Vidal a revised City draft of the Interlocal Agreement, in the form of a "redlined" amendment of the County's May 4, 1995 draft. This City draft reflected the CRA's most recent changes. SUMMARY ANALYSIS AND RECOM1ViENDATIONS REGARDING THE TERMS AND CONDITIONS PROPOSED BY THE CITY OF MIAMI The following highlights the central terms and conditions proposed by the City of Miami in their current draft of the Interlocal Agreement (attached) and corresponding staff recommendations: • Homeless housing, Component: the City draft does not provide for revenues for a homeless housing component. This does not conform with current County Commission policy (pursuant to County Commission action on July 13, 1993 to provide $5 million of Omni District bond proceeds for a homeless housing component). In light of the City of Miami position, the County Commission will need to re -address its policy on this matter including an evaluation of options which you have requested. • Revenues: the City draft provides that the first $1 million/year comes to the County for the Performing Arts Center; this is less than the $1.43 million proposed in each of the County's draft Interlocal Agreements and will result in a reduced capability to generate the amount of bond proceeds projected in the County's performing arts center financing plan. The current County financing plan for the performing arts center projects $11.9 million in bond proceeds from the Omni Tax Increment District; the City proposal envisions approximately $10 million in bond proceeds. The following should be noted: 1) current collections of Omni Tax Increment District proceeds are projected at $648,000 for FY1995-96 (having dropped from a high of $1.3 million in previous years); and 2) bond proceeds are calculated based on the projected growth of the District's revenues, issuance of performing arts center bonds to include all of the projects tax sources, and 1.25 bond coverage. It is recommended that this Interlocal Agreement be amended so that the County receives the first $1.4 million in tax increment revenues annually for the payment of debt service on any bonds or indebtedness in an amount not less than $11.908 million incurred by the County for its projects in the District. • Amendment of the Redevelopment Plan: the City's transmittal of its Interlocal Agreement does not address the need to amend the Omni Redevelopment Plan. It is recommended that as the prerequisite to making an Interlocal Agreement effective, the City shall initiate the amendatory process for the Redevelopment Plan, the proposed amendment shall be satisfactory to the County Commission, and such amendment shall be approved by the County Commission. • Other Legal and Business Points: my office and the County Attorney's Office have reviewed the City draft in regard to a other legal and business points. It is recommended that the City draft be revised to reflect the following additional points: - the County Commission should retain community redevelopment powers related to: eminent domain having a direct impact on the County's projects in the District; final approvals to any amendments to the Redevelopment Plan; and authorization of the issuance of revenue bonds. administrative expenses payable from tax increment district proceeds should be capped at 20% of the District's annual budget. - the County shall have the power to approve the CRA's annual budget for the district, but failure to provide such approval shall have no impact on debt service payments of County bonds using the district's revenues. - the City's ability to issue bonds from tax increment district revenues shall be contingent upon: 1) the County's issuance of bonds within 5 years or the incurring of debt of not less than $11.908 million by the County secured by tax increment district revenues, whichever occurs earlier; 2) the County's approval; and 3) such City bonds being subordinate to any debt incurred by the County for projects in the district. - the County shall have building and zoning powers during the design and construction of the performing arts center (including permits, building inspections and issuance of certificate of occupancy). With the exception of the last item, all of the above additional points are contained in the resolution sponsored by Chairman Teele. ANALYSIS AND ALTERNATIVE SCENARIOS REGARDING HOMELESS FINANCING As noted above, the City draft of the Interlocal Agreement does not include the funding proposed by the County for the homeless housing component. Consequently, in discussions with Parker Thomson, Chairperson of the Performing Arts Center Trust, options have been evaluated as possible scenarios for utilizing performing arts center revenues to provide $5 million for the homeless housing. The attached memorandum from Steve Spratf outlines two scenarios which were developed in conversations with Mr. Thomson and are based upon identifying a current County revenue source which is sufficient to provide $5 million for homeless housing and is able to be replaced with performing arts center Convention Development Tax funds (Le., a revenue "exchange" using Convention Development Tax funds to cover certain other County capital and operational activities that are eligible for CDT funding support). These scenarios would require authorization by the County Commission. Finally , for your information, also attached is a summary of tax increment revenues generated in connection with this District since its creation. Attachments: December 15, 1995 Memorandum from Commissioner Alexander Penelas to Armando Vidal March 30, 1995 Memorandum from Dianne S. Gaines, Assistant County Attorney May 4, 1995 Transmittal from Armando Vidal to Cesar Odio: Cover Letter and Draft Interlocal Cooperation Agreement September 7, 1995 Transmittal from Herb Bailey to Armando Vidal: Cover Letter and Draft Interlocal Cooperation Agreement December 18, 1995 Memorandum from Steve Spratt to Armando Vidal Revenue History: Omni Redevelopment Tax Increment District cc: Honorable Chairperson Arthur E. Teele, Jr. and Members, Board of County Commissioners Cesar Odio, City Manager, City of Miami Honorable Miller Dawkins, Chairman, Community Redevelopment Agency Honorable Mayor and Commissioners, City of Miami MEMORANDUM 103.01.14 7M f T°` Members of Workin Grou DATE: g p March 30, 1995 1 SUUECT: Gk� Omni Redevelopment �� Plan/Performing Arts Dianne S. Gaines Center and Housing for Assistant County Attorney the Homeless FROM: i Before the Omni Redevelopment Plan can be amended or modified, the following statutory sections apply: Section 163.361, F.S. Modification of Community Redevelopment Plans - (2) The governing body shall hold a public hearing on a proposed modification of a community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the agency. Section 163.346, F.S. Notice to taxing authorities Before the governing body amends a community redevelopment plan... (it) must provide public notice of such proposed action pursuant to s. 125.66(2) and (4) or s. 166.041 (3) and, at least 15 days before such proposed action, mail by registered mail a notice to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area. Section 125.66 (2) F.S. Notice of intent to consider the amendment 15 days prior to the meeting, excluding Sundays and legal holidays. (4) publication of title of and or amendment to be considered in a newspaper of general circulation SUMMARY: The Plan was approved by Dade County Ordinance No.87-47 on July 7, 1987. An ordinance is needed to amend it. Notice to taxing authorities in the area 15 days prior to second reading by registered mail. cif Publication of public hearing and title 15 days prior to public hearing. (in computing 15 day notice, exclude Sundays and legal holidays) Distribution: Commissioner Alex Penelas Ed Marquez, Finance Director Sergio Gonzalez, Homeless Trust V- Michael Spring, Cultural Affairs Council 2 METROPOLITAN DADE COUNTY, FLORIDA���f� METRD•1)ADE��'`� METRO-DADE CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. let STREET MIAMI, FLORIDA 33128.1994 (305) 375.5311 May 4, 1995 Cesar K Odio, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Please find attached for your review a draft Interlocal Cooperation Agreement for the Omni Tax Increment District reflecting revisions'which our staff recently discussed with you. Please be advised that this draft is scheduled to be reviewed by our Commission's Budget and Rules Committee at its May meeting (date to be determined). Our County Attorney's Office advises that any review and action regarding the Interlocal Agreement by the City and the County must be subject to the District's Redevelopment Plan being amended to include these specific County Projects. Please feel free to call me at 375-1260 if you have any questions regarding this'matter. We are looking forward to our work together on these important community projects. Sincerely, do Vidal, P.E., County Manager JMetropolitan Dade County Attachment cc: Commissioner Gwen Margolis Commissioner Alexander Penelas Parker Thomson, President, Performing Arts Center Trust Cynthia W. Curry, Assistant County Manager David Morris, Assistant County Manager Dean Taylor, Assistant County Manager Herb Bailey, Assistant City Manager Ed Marquez, Director, Finance Department Diane Gaines, Assistant County Attorney Michael Spring, Executive Director, Metro -Dade Cultural Affairs Council Sergio Gonzalez, Director, Homeless Trust �D�3Glffli INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made this day of , 19950 by and between Metropolitan Dade County, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY"), and the City of Miami, a municipal corporation under the laws of the State of Florida (hereinafter -referred to as the "CITY")- ,_•'. �..} �r : ' . - WITNESSETH: WHEREAS, by •Resolution No. ­R-825-87 and Ordiiaiice "No 87-47 the COUNTY has approved a Redevelopment Plan' J'tbe "Plainand a Tax Increment Fund•(the "Fund") for the Omni/Midtown ,•,� = Redevelopment Area (hereinafter referred to as -the_ ,a",.Pio ject') . :ty' ... - "•- 'T `n�+. '.4:- 'fir .s. The Plan as amended from time to time•is herein defined asthe "Plan"; and WHEREAS, the Project will take place within.the corporate limits of the CITY; andv. =y WHEREAS, the CITY played the major role in the preparation of the Plan and initial financing proposals for. the Project; and WHEREAS, the CITY hereby requests delegation from the COUNTY to become the redevelopment agency (the "Community. Redevelopment Agency" or "CRA") for the Project and to receive administrative costs pertaining thereto; and WHEREAS, thi6' COUNTY has now approved thepublic: portion of. the financing of the Performing Arts Center, which public financing utilizes, in part, tax increment revenues from.the Project; and OFFICE OF COUNTY ATTORAEY, OAOE COUNTY FLORIDA. _ TELEPHONE 4305) 375-5151 _ .. x: n�t;f ��i�.4: .. •-.'•Fr,aYyI M:��... _ �-��15bj s...•t,i.:: WHEREAS, the COUNTY wishes to collaborate with the CITY in carrying out the Project by developing and financing the catalytic project, the Performing Arts Center, utilizing, in part, tax increment revenues as described in the Plan; and WHEREAS, the County has adopted the Dade County Community Homeless Plan and approved $5 million dollars from the Omni Tau Increment Fund. for.._, ' hoinelees housing ''componenti-". and ::.the City has approved zoning for the Homeless Assistance Center located at 1500 North Miami Avenue in the City f of Miami; ' and WHEREAS, the"COUN Y._and ,the :CI!q.,A esire to'provide the .�= manner in which the-.COUNTY''.shall''have`:overall•-responsibilities for the Performing Arts Center and the Homeless Assistance_ ' Center, together hereinafter (the "County Projects") and the City shall have overall responsibilities for the remainder of the Project; - - NOW, THEREFORS;'�'the' *COUNTY and the CITY agree as follows: I. CITY/COUNTY OBLIGATIONS A. The COUNTY shall have the sole right and responsibility for planning, surveys, land acquisition, construction management, and all other community redevelopment undertakings, activities, or projects and related activities as defined in Chapter 1638 Florida Statutes, related to the County Projects as shown iii' the' Plan. _ •The'.,COUN'W shall perform::611 ��: functions of the Community Redevelopment Agency in any community redevelopment activities related to the County Projects. The COUNTY shall perform once the building permits are issued.from - the CITY, all supervisory functions for the'C®unty Projects with OFFICE OF COUNTY ATTOAEY, DADE COUNTY FLORIOA TELEPHONE 43051375-5151 .....wr-ilti,,`•;�`.5;':.is[fI'.:r.... , '::r1:•'sVrt..tr-+c'Ci..' _ .r44 respect to such permit$, including all inspections, and the issuance of any preliminary or final Certificates of Occupancy. References throughout this agreement to CITY, joint CITY/COUNTY activities, rights and responsibilities and any activities, rights and responsibilities of any committee or personnel appointed or employed pursuant to this Agreement shall not include any activities,:;rights•.:and responsibilitiee'.related to the County Projects, other than as are specifically set forth herein. B. The :County Manager shall designate7County ;.Project Coordinators who shall have sole; responsibility•for carrying out all aspects of the .CountpSr�Pzojects, . and specifically those aspects specified in paragraph I.A. The County Project Coordinator will be responsible for providing necessary reports to the CITY of COUNTY -activity associated with,.the.County Projects. C. The City Manager shall designate a City Project Coordinator, who shall have sole responsibility for carrying out all aspects of the Project other than those relating to the County Projects. The City Project'Coordinator will be responsible for providing necessary reports to the COUNTY of all CITY activities associated with all aspects of the Project other than the County Projects.-- D. The County Manager and City Manager shall each designate a Project Manager to carry out the day-to-day COUNTY and CITY responsibilities for the project. The City Project Coordinator will be responsible for implementing the Plan, ormc of COUNTY ATTOACY, DAOE COUNTY FLORIDA TELEPHONE (3051375-5151 developing proposals for City indebtedness and bond financing, coordination of relocation activities, and coordination of the design and construction of public improvements necessary to support any CITY administered redevelopment activity implementing the Plan (which shall exclude redevelopment activity related to the County Projects. The County Project Manager will be responsible for -all matters .:concerning the County II. CITY RESPONSIBILITIES A. Land Disposition - } --li With' -the exception of activity associated . with the County.. Projects,, the CITY shall be responsible'for'•all' land acquisition,;.,,including the; use of eminent domain to acquire land. 2. With regard to any CITY redevelopment activity unrelated to the. County Projects, the CITY shall. prepare project marketing materials and shall be responsible for advertising for developers to submit proposals. 3. Any disposition of land for the Project shall be accomplished in accordance with applicable federal guidelines, applicable provisions of state law, and established Project guidelines, 4. To the extent a matter does not involve the County Projects, the CITY'inay convey CITY acquired land to a-:. developer for fair market value for use in accordance with the Plan and shall deposit the proceeds from the sale or lease in the Fund to be utilized in accordance with the Project budget and ' Chapter 16.31 Florida Statutes. The CITY may convey land to OFFICE OF COUNTY ATTORNEY* OAOE COUNTY FLORIDA TELEPHONE 005)J75-5151 ft�t {t ' qualified nonprofit organizations pursuant to State law and CITY procedures. Guidelines for selection of qualified nonprofit organizations will be established by the CITY. B. Other Project Activities 1. With regard to any CITY redevelopment activity unrelated to the County Projects, the CITY shall be responsible for the administration and funding £or.all,relocation activities. The CITY may contract with COUNTY agencies to assist . ',.' iL.`y.'.7!C14:• - _,1 .. . .J.' Y!i a.`w.: 1_4., • . in residential relocation, if needed. 2. With .regard to any CITY redevelopment..,,,--.._.,. activity unrelated to the County Projects, the CITY shall"design' and construct public..improvements necessary to support the redevelopment of the Project. The City Manager shall determine and ensure that such activities comply with appropriate federal, COUNTY, and CITY regulations relating to affirmative action and race -conscious concerns. 3. All redevelopment activities conducted under the terms of this Agreement relating to the County Projects shall be in accordance with the Plan and otherwise solely subject to the approval of the Board of County Commissioners and.the County Manager. All redevelopment activities conducted under -the terms of this Agreement not related to the County Projects shall be in conformance with the Plan', as adopted and approved by'the`_City Commission and the City Manager. Any amendments to the Plan must have prior approval of the Board of County Commissioners and of the City Commission, in each case before implementation of such Plan amendments. OFFICE of couNwATTORNEY. OAOE COUNTY nofu m _. 7ElEPHONE(305)375-5151 Mgr C. Project Financina 1. The CITY shall establish and set up a redevelopment trust fund (the 'Fund-) as required by law and develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the COUNTY may, expeditiously. and. --;.-- without undue delay, utilize the funds therein in accordance with the COUNTY approved budget for the County Projects and the CITY may, expeditiously and without undue delay,.: utilize the funds, other than those dedicated to the County Projects; in-''-''' accordance with the COUNTY -approved budget for those aspects'of the Project not related to the County Projects. In furtherance of such expeditious utilization of such funds for the County Projects, the CITY shall remit to the COUNTY no later than March'::.:;: 31st of each year the first $1.43 million- of tax increment -trust':` fund revenue for the purposes of debt service and reimbursement related to the County Projects for such term as any indebtedness related to such purpose is outstanding. 2. The CITY shall prepare and submit for COUNTY approval at the beginning of each COUNTY fiscal year an .annual budget in a format approved by the COUNTY for all aspects of the Plan and the Fund including the debt obligations associated with =.,:_:. the County Projects as outlined in Paragraph II. C.1. No tax increment funds will be spent by the CITY until the annual budget has been approved by the COUNTY. - OFFICE OF COUNTY ATTORh7EY, OAOE COUNTY FLORIDA _TELEPHONE(3051375-5151 f. 7 3. The City Manager and County Manager shall determine that their hiring complies with appropriate COUNTY and CITY regulations relating to affirmative action and race -conscious concerns. 4. The CITY shall be responsible for issuing bonds required to finance the Project with the exception of those bonds used to finance the County•.Projects. Prior,to.-issuance, the COUNTY shall review and approve all CITY instruments of indebtedness relating to tax increment financing. * '°TheCITY ''shall' not withhold payments to 'the COUNTY for any reason`" notwithstanding any other activities, actions,' claims•;°or`causes of action related to the Project. D. Citizen Participation 1. To carry out the citizen participation process, the CITY shall utilize the Omni/Venetia Task Force off the Greater Miami Chamber of Commerce, the RUD Advisory..Board'aiid•'r:• . other community groups for community involvement and coordinate CITY and COUNTY community involvement and consider citizen input in the development of Project activities. E. Project Management, Administration, and Coordination 1. The COUNTY shall: a. Provide the CITY with a Plan of Action. with respect to those aspects of the Project related to the County Projects. This provision shall not be deemed to require• the approval of the CITY with respect'to any aspects of'such•Plan of Action. OFFICE OF COUNTY ATTORNEY, OAOE COUNTY FLORIDA TELEPHONE 13051375-5151 _ b. Develop an implementation schedule for all Project activities related to the County Projects. c. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the City Project Coordinator and the Omni/Venetia Task Force of the Greater Miami Chamber of Commerce,beginning one year--:from:the: implementation of this Agreement. e. Submit additional interim reports•upon• request of the CITY:...:<�- ...:.; 2 . The CITY sha;ll:. ... a. Provide the COUNTY with„a Plano£ Action with respect to those aspects of the Project not related to"the County Projects. This provision shall not be deemed to require the approval of the COUNTY with : respect to: any; -aspect- .of Such• : Plan of Action unless required by law.' b. Develop implementation schedules for all Project activities not related to the County Projects.. . ce Monitor such implementation schedules and timetables. d. Submit annual progress reports to.thel3, County Project Coordinator and the OMNI/Venetia Task Force of the Greater Miami Chamber of Commerce beginning one year.`from:the implementation of this Agreement. e. Submit additional interim reports•upon. request of the COUNTY. OFFICE OF COUNTY ATTOFAEY. DAOE COUNTY FLORIDA ., TELEPHONE 1305) 375-5151 tau I1I. ASSURANCES A. As part of this agreement the COUNTY shall follow applicable federal and COUNTY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. B. As part of this Agreement the CITY shall follow applicable federal.and'COUNTY and CITY regulations. concerning affirmative action and race -conscious concerns in the hiring of all consultants. C. All powers not -specifically delegated to.'the:;�ITY in this Agreement shall be'reserved exclusively" to the'Board -of County Commissioners of Dade County. IV. ENTIRE AGREEMENT This instrument and its attachments if any, constitute the sole and only Agreement"of the parties hereto and correctly. sets.:.-.. forth the rights,* duties, .and obligations of eaeii Ito the other'�as .. . . ..I.... . of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. V. AMENDMENTS No amendments. to this Agreement shall be binding on either party unless in writing and signed by both parties. OFFICE OF COUNTY ATTORNEY. OAOE COUNTY FLORIO^ xt3ELEPNONE (3051375-5151. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized off icers and the corporate seals to be affixed hereto, all of the day and year first above -written. CITY OF MIAMI, a municipal corporation of the State Florida Cesar H. Odio, City Manager WITNESSES: METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida Armando Vidal, P.E. County Manager Walter Foeman, City Clerk Harvey Ruvin, Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A. Quinn Jones, III City Attorney Robert A. Ginsburg County Attorney 4- NT BY: DEWHOUS I NG-ASSET A1GMT : - 3-95 : HERBERT 1. BAILEY Assistant City Manacer September 7,1.995 9 : 33 : C I TY OF ',V-I AN1 I -- �.1� of Mr.. Anita.ndo Vidal, P.E. Cocutty Manager Metro -Dade- County III NW 1st Street Miami, FL 33128 Dear. Mr. Vidal: 37-53068 : a 2/ 17 i CESAR H. ODIO City Mattages We are pleased to present you the latest version of the attacllcd interlocal Cooperation Agreement of the Omni-- Redevelopment Area, reflecting certain changes in CZA's position over the last version of the above agreement submitted to the C minty in January 1995. Please review the proposed changes in the agreement and contact me at 579-6025 for any questions or rornmemts. Sincercly, Herbert J. Bailey C� Executive Director of the Community Redevelopment Agency F.nclosu.re IIt:PADTnACUT me nC%/FI nPAtT:nIT I —, . "N''r...r --....r•n... "-....r.. ^� SENT BY:DEV!HOUS1hG-ASSET MG1iT:10- 3-95 9731 CITY OF iti1 3753068 : # 3! 17 1NTERLOCAL COOPERATION. AG118EMENT T141S AGREEMENT, mode this day of 1995, by and between Metropolitan Dade County, a political subdivision of the State of Florida, (hereinafter refeixed to as the "COUNTY"), and the Community Redevelopment Agency for the Omni Redevelopment Area (hereinafter referred Lo as d.-te "CRA"). WITNFSSF-TH- WHEREAS, by Resolution No. R-8 5-97 and Ordinance No. 87 4.7 the COUNTY has approved a Redevelopment Plan (as may bn amended from time to time, the "flan") and a Tax [,ncrement Fund (the "Fund") for the Umr-dAN dtewaa Redevelopment Area (hereinafter referred to as the "PRO)ECT"); and WHEREAS, the PROJECT will take place within the corporate limits of the City of Miami, Florida (the "CITY"); and WHEREAS, pursuant. to Ordinance No. 87-47 Md in accordance. with the provisions of Sections 163.357 and 163.410, Florida Stahttes, the c201-IN Y designated the City Commission of the CITY the commm-city redevelopment agency for the Omni Redevelopment Area and said city commission as the CRA herghy intends try enter into this Agreement with the C_UUNTY; and 0 SENT BY:DES'/HODSI\G-ASSET MGMT:110- 3-95 9:34 CITY OC=,MIA611 3753068:4 4/17 lA1�PP�c ��,� r-rr-v tereUy-;�ts-�lelegatie�t-fxer�i-the r`r�> >nrry ,.... ;'e "r�,u4ity4Ze evelopm at AgeRey er- , e mYfir�inFr.��.'rrn 4 t thereto; � , aaz and WHEREAS, the COUNTY intends to construct a Performing Arts Center ,(hereinafter referred to as the "Performin . Arts Center") which will be located within the boundaries of the Omni Redevelopment Area and will be part of the PROTECT; and WHEREAS, the COUNTY has new approved the public portion of the financing of the Performing Arts Center, which public financing will utilized, in part, tax increment revenues from the PROJECT; and WHEREAS, the COUNTY a#ewith will assist the C�P,4 CRA in carrying out the PROJECT' by developing and financing the catalytic project, the Performing Arts Center, utilizing, in part, tax increment revenues as described in the A_anended Plan; and WHEREAS, the COUNTY and the CITY CRA desire to provide the manner in which the COUNTY shall have overall responsibilities for the Performing Arts Center, and the Gl= CRA shall have overall responsibilities for the remainder of the PROJECT; NOW, THEREFORE, the COUNTY and the Q4:!� CRA agree as follows: 1, CRA AND COUNTY RESPONSIBILITIES 2 SENT BY: DEVMOUS I NG- ASSET MGMT 10- 3-85 9: 34 CITY OF IMI AM I 3753068 : # 5/ 17 A. The COUNTY shall have the sole right and responsibility for planning, surveys, land acquisition, construction management, and all other community redevelopment undertakings, activities, or projects and related activities as defined in Chapter 163, Plorida Statutes, relatinged to the Performing Arts Center as shown in the Plan Merfer4niag-Arts en4e`from �the sa. tire-sc�-i�in he-GrM."G rNT ,.t, ,�,_ ,,.r„�.,, ,i}�u..,,�:,.AS .f 'the r- I;iity Rev pi ed2 ele�C- Arts Genter-, 4--he permits fer. the Pepfem-ang Arts Genter, shall be issued fiem the CITY, all . -esp6et- o-R14Ghp s Except as otherwise specifically included herein, the CRA shall not have any rights or responsibilities in connection with the development or construction of the Perfonning Arts Center. -a4.�cTi��*� _ .=: �ra�.G.0 --a,i��f•s•T�.�� �-, �ii•ii.�i `.'-�0 �-.IQTiZll-!r,4i:.C• t C..=.4�i er-c—-pi—irsuan 'a i... relatedto LheeFfem:aing Arts (=-e t _ than-a'�3-i�i'$ ' .j fir - .ally Set f9r-til R' 3 a SENT BY DES/HOES I \G-ASSET 1fG(�fT :10- 3-95 9 : 35 CITY of �� a%f I 3753468 6/ 17 i, B. The: County Manager shall designate County Project C:oorciinators who shall leave-ssele-responsibility bc: primarily responsible for carrying; out all aspects of the PROJECT relating to thePerforming Arts Center, and specifically these aspects specified. in paragraph T.A. The County Project Coordinators will be responsible for providing neeessar-y RgALterly reports to the Q44 CRA of any COUNTY activity associated with the Performing; Arts Center and to will carry out the daily responsibilities of such activity. C. The City �..Ianagee CRA shall designate a CRA Project Coordinator, who shall have sele mrpensibilky. be -primarily responsible for carrying out all aspects of the PROJECT other than those relating to the Performing Arts Center_ The C444 CRA Project Coordinator will provide Fteeessary annual reports to the COUNTY of any C-lP CRA activity associated with all such aspects of the PROJECT U. Specifically, the CIF CRA Project Coordinator will be responsible for implementing the r-edevelepmeRt Plan, developing proposals for its financing the PROJECT other than the Performing Arts Center, coordination of relocation activities, and coordination of the design and construction of public improvements necessary to support any Qp! CRA administered redevelopment activity implementing the Plan (which shall exclude any redevelopment activity relatin ed to the Performing Arts Center.). If. Q44 RE'sp T.s11311.1-T! PROJECT ACTIVI'I1L-S M btyl I tiY Uf:V / HULAS I \G ASSk'( MGMT -10 3-55 5 35 ' CITY OF MIAMI 3753068 4 7/ 17 A. Land Disposition 1. With the exception of any activity associated with the Performing Arts Center the G-114 CRA shall be responsible for all land acquisition, including the use of eminent domain to acquire land. 2. With regard to any C444 CRA redevelopment activity unrelated to the 'Performing Arts Center, the CRA shall prepare project marketing materials and shall be responsible for advertising for developers to submit proposals. 3. Any disposition of land for the PROJECT -shall be accomplished in accordance with applicable federal guidelines, applicable ' provisions of state law, and established PROJECT guidelines. 4. To the Ae-1- I- ..es osee ,•� the- er- fer-ni ++ �� rrrn�cca a r a rc i-c�-vrra uiiy Geater-7 tThe Q= CIA may convey CRA-acquired land to a developer for fair market value for use in accordance with the redevelopment Plan and shall. deposit the proceeds from the sale or lease in the Fund to be utilized in accordance with the PROJECT budget and Chapter 163, Florida Statutes. The CRA may convey land to qualified nonprofit organizations pursuant to State law and GIPZ- CRA procedures. Guidelines for selection of qualified non- profit organizations must be established by the C444 CRA. B. Other PROJECT Activities s Sb'NT BY : DEWHODS I \G- ASSET NIGNIT -10- 3-55 9:35 CITY OF M I AV i 3753068 : M 8/ 17 ti 'I. With regard to any GIP� CRA redevelopment activity unrelated to the Performing Arts C'(�ntex, the QT4 CRAshall be responsible for the administration and funding for all relocation activities, The Q:P! CRA may contract with COUNTY agencies to assist in residential relocation. 2. With regard to any C 4—Y CRA. redevelopment activity unrelated to the Performing Arts Center, the E-1PF CRA shall design and construct public improvements necessary to support the redevelopment of the PROJECT. The City Managlar- CRA shall determine and ensure that Such activities comply with appropriate federal, state, and local regulations relating to affirmative action and race -conscious concerns. 3. All redevelopment, activities conducted under the terms of this Agreement shall be in accordance with the Plan, as ameaded, and the;;vise selel ys, bje t t.Lthe .,p..ev e r � .,, i approv . Any amendments to the Plan,--as-emended must have prior approval of the Beard of County Commissioners of the COUNI1' a5 to aspects thereof relating to the Performing Arts Center and of the City Commission of the CTTY-.-Flerk4a as to aspects 6 SENT BY:DEV/HOUSING-ASSET MGNIT.1h0- 3-95 9:36 CITY OF MIAN11- 3753068 -� 9/ 17 then -.-of not relating to the Performing Arts Center, in each case before their implementation. C. PROTECT Financing 1. The C444 CRA shall est-abhsh and &et up administer and xnanage the Fund as required by law and develop and promulgate niles, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establislunent and the maintenance of books and records and adoption of procedures whereby the COUNTY may, expeditiously and without undue delay, utilize such funds in accordance with the COUNTY approved budget for the Performing Arts Center; and whereby the CRA may, expeditiously and without undue delay, utilize the funds, other than those dedicated to the Performing Arts (renter, in accordance with the COUNTY - approved budget for those aspects of the PRO)EC:l' not related to the Performing Arts Center. In furtherance of such expeditious utilization of such funds for the Performing Arts Center, the EFP9 CRA shall remit to the COUNTY no later than March 31st each year, beginning with the first calendar year in which the COUNTY has bonds outstanding as of ranuM 1 of such year which were issued for the purpose of financing the cost of construction of. the Performing Arts Center ("Performing Arts Center Bonds"), the first one million dollars ($1.0 million) of tax increment trust fund revenue for the purpose of pavjne debt SI�NT BY: DEV/HOUS 1 NG-ASSET MGMT :1w0- 3-95 9 : 3G CITY OF M 1 A111- 3753068 : # 10/ 17 service on the Performing Arts Center Bonds, (the: "County Debt Service Payment") in& provided such funds are available in the Fund. The CRA's obligation to pay the $1.0 million each year shall cease at such time that the COUNTY has no Performing_ Arts Center Bonds outstanding: If the COUNTY -sells bonds or incurs indebtedness with regard to the Performing Arts Center, the COUNTY shall ensure that all documentation relating to such indebtedness or bonds shall limit the liability..of the CI:A to such $1..0 million per year, subject to availibil.ity of such funds, and the Count will indemnify and hold the CRA harmless for any liability in excess of the $1.0 million. per year as originally committed. ` The EIS CRA shall be annually compensated for all administrative services rendered with respect to any and all aspects of the PROJECT and the Fund from the revenue in the Fund. 2.. Upon receipt of a written report from the COUNTY detailing the proposed annual expenditures for activities associated with the Performing Arts Center, the GlPt- CRA shall prepare and submit for COUNTY approval at the beginning of each COUNTY fiscal year an annual budget in a format approved by the COUNTY for all aspects of the plan PROTECT and Fund including the debt Bgafiens-assoc^tea. . i the Performing Arts Center Bonds as outlined in paragraph C.1. and any other debt obligations. Norm r-e� 8 (N 5ry I BY Utz iHUI I �C-ASsf:I' �sc�1 f 10- 3-96 9. 36 C 11'Y OF M I ASS I 3753068: 911 / 17 fi3SKin will lias 3. The (4ty Manager CRA and County Manager shall determine that any hiring relative to the implementation of the Plan complies with appropriate COUNTY and CITY regulations relating to affirmative action and race -conscious concerns. 4. The Cliff CRA 4,afl may sell bonds required to finance the PROJECT with the exception of t4iose4vand& is r; AfK-e the Performing Arts Center Bonds. Prior to issuance, the COUNTY shall review and approve all GITY CRA instruments of indebtedness relating to tax increment financing. The GT:9 CRA shall not withhold the County Debt Service Payment for any reason notwithstanding any other activities, actions, claims, or causes of action related to the PROJECT. D. Citizen Parti�on I. 'ro carry out the citizen participation process, the C- W. CRA shall utilize the Onuii/ Venetia Task Force of the Greater Miami Chamber of Commerce, the HUD Advisory Board and other community groups (collectively the "Citizen Advisory Groups") for community involvement and coordinate C-4:V CRA. and COUNTY community involvement and consider citizen input in the redevelopment of PROJECT activities. E. Proiect Maiuigem.e.nt, Adnii.Ilistratioii, Znd Coordiliation 9 i i �u�t tsr •UtV/t1UU51,\6-a5-'Nt1 MUMI 1U- 3-y5 8:37 CITY OF MIAMI 3753068:#12/17 1. The COUNTY shall: a. Provide the CITE' CRA with a Plan of Action with respect to those aspects of the PROJECT related to the Performing Arts Center. This provision shall not be deemed to require the approval of the C-414 CRA with respect to any aspects of such Plan of Action. b. Develop an implementation schedule for all PROJECT' activities related to the Performing Arts Center. C. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the Qty CRA Project Coordinator, and the Citizen Advisory Groups beginning one year from the implementatkm execution of this agreement. e. Submit additional interim reports upon request of the CITY CRA. 2. The G144 CRA shall: a. Provide the COUNTY with a Plan of Action with respect to those aspects of the PROJECT not related to the Performing Arts Center. This provision shall not be deemed to require the approval of the COUNTY with respect to any aspect of such Plan of Action. b. Develop implementation. schedules for. all PROJECT activities not related to the Performing Arts Center. 10 jt, S \I BY:UEV/HOUSING-ASSET MGMT:10- 3-85 9:37 L CITY OF MIAMI- 3753068.:131'17 i C. Monitor such impl.cmentation schedules Lvid timetables. d. Submit annual progress reports to the County Project Coordinator and the Citizen Advisory Groups beginning one year from the 'era execution of this Agreement. e. Submit additional interim reports upon request of the COUNTY. i 1 I.. ASSURANCES A. As part of this agreement the COUNTY shall follow applicable federal and COUNTY regulations concerning affirmative action and race - conscious concerns in the hiring of all consultants. B. As part of this Agreement the CITY CRA shall follow applicable federal and COUNTY and CITY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. C. All powers not specifically delegated to the EIS C RA in this Agreement shall be reserved exclusively to the Board of County Commissioners of nadGeRty the COUNTY. 11 ��v� t1t Utvit1uu51�\G-A55t1 6fGAfC�10- 3-55 8:37 3753068:#14;17 IV. ENTIRF. AGREEMENT This instrument and its attachment:; if any, constitute the sale and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its data. Any prior agreements, promises, negotiations, or representations not expressly set fmilh in this Agreement are of no force or effect. V. AMENM ENTS No amendments to this Agreement shall lx binding on either party unlesti in writing and signed by both parties. CITY OF MIAMI-, 12 uI •ULVIIIVUJIINU'AZ�JLI nIwli -lU— 3-86 - 8'37 CITY of MIAMI- 37:7)3068:#15/17 IN WITNFM WHEREOF, the parties hereto have caused this Agreement to be executed in their naives by their duly authorized officors and the corporate seals to be affixed hereto, all of the day and year first above -written. COMMUNITY REDEVELOPMENT METROPOLITAN DADE COUNTY, AGENCY for the REDEVELOPMENT COUNTY, a political sudivision DISTRICT of the State of Florida Miller J. Dawkins Chairman of the Board WITNESSES: Walter Foeman, City Clerk — APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holland & Knight CRA Counsel 13 Armando Vidal, P.E. County Manager Harvey Ruvin, Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert A. Ginsburg County Attorney 107.07.17A Vn00-DkGS---T -07 MEMORANDUM TO: Armando Vidal, P.E. County Manager FROM:Stephen M. Spratt, Director Office of Management and Budget i. DATE: December 18, 1995 SUBJECT: Alternative Approaches to Omni Tax Increment District Funds for Homeless Activities As requested and pursuant to discussions with Parker Thompson, Chairperson, Performing Arts Center (PAC) Trust, below are two potential options for replacing the $5 million Omni Tax Increment District Funds designated for homeless activities pursuant to the approved Performing Arts Center Financing Plan. As discussed the principal constraint is the restricted nature of Performing Arts Center dedicated revenues. The alternatives need to be correlated with revenues flexible enough to support homeless activities. The following are offered: Option I • Use Convention Development Tax (CDT) revenues now earmarked for the PAC to fund Metro Dade supported cultural activities (Center for the Fine Arts, Historical Museum, Museum of Science) supported by County general funds and eligible uses for CDT revenue. These funds total approximately $2.2 million in FY 1995-96. If this option is pursued the $5 million homeless funding allocation could be provided from the "freed" general fund revenue by the Board over a 2'/4 year period. Option H • Use CDT revenue dedicated to the PAC to fund eligible expenses incurred by the County for the operation of the Dade County Auditorium, Caleb Center Auditorium and African Heritage Cultural Center and utilize funds otherwise budgeted for these facilities to homeless activities. This revenue stream to fund homeless activities would be over a longer period - approximately five years. Please let me know if anything further is required. cc: David M. Morris, Assistant County Manager Edward Marquez, Director, Finance Department Michael Spring, Director, Cultural Affairs Council Alina Tejeda Hudak, Assistant County Manager SMS/136.SAM OMNI REDEVELOPMENT TAX INCREMENT DISTRICT REVENUE HISTORY ($ 000's) CALCULATED FISCAL TAXABLE VALUE PRELIMINARY INCREMENT B.EWEVELOPMENT DISTRICT REVENUE YEAR IN__ ABf YEAR TAX ROLL VALUE_ CITY COU_N-T.Y METAL 1986-87 $246,899 N/A N/A $0 $0 $0 r 1987-88 326,965 80,066 730 554 1,285 1988-89 326,003 79,104 721 550 1,271 1989-90 318,231 71,332 651 481 1,131 1990-91 326,059 79,160 722 554 1,276 1991-92 327,009 80,110 731 561 1,291 1992-93 323,378 76,479 697 531 1,228 1993-94 313,297 66,398 606 461 1,066 1994-95 313,070 66,171 603 456 1,059 1995-96 288,419 41,520 379 269 648 Formula; Increment value x applicable millage rate x .95= Redevelopment District Calculated Revenue Community Redevelopment Agency Omni Redevelopment Area Interlocal Agreement Comments to the proposed Dade County amendments dated 12,/1.9/95 1. The County maintains the power to grant final approval to the Omni Redevelopment Plan and subsequent modifications. This provision is similar to the terms of the SEOPW interlocal agreement. 2. The County retains the power to approve the acquisition, demolition, removal, or disposal of property and the power to assume responsibility to bear loss. This provision could be quite cumbersome for the CRA to undertake any activity in the area, since the County has to approve virtually every step of CRA activities. 3. The County shall have the right to ensure that the City of Miami is complying with the South Florida Building Code in all development activities within the Omni Redevelopment Area. This item does not belong to this agreement. The South Florida Building Code is applied City-wide, not just Omni Area. If the County feels that the City is not enforcing the South Florida Building Code then, the County should take actions accordingly. 4. The County suggest that the City contract with County to provide services in connection with the construction, inspections and issuance of preliminary and final CO for the Performing Arts Center development, in case the City's Building and Zoning Department is incapable of providing such services in a timely and efficient manner. This request is truly an insult to the City. 5. The County extends its claim for the first $1.4 million of Omni tax increment fund dedicated for the financing of the Performing Arts Center development. The Omni Redevelopment Area is currently generating approximately $648,000 of annual revenue. The CRA Board limited its contribution for the Performing Arts Center at $1.0 million, after two public hearings held in the area last summer. 6. The County shall defer the CRA to decide use of funds for the homeless shelter. This seems consistent with the CRA's position' as to use of tax increment revenue for the homeless shelter. Z Administrative expenses payable out of the tax increment revenue will be capped at an amount not to exceed 20% of the annual budget The suggested provision is consistent with the County's previous position on the use of tax increments funds for the SEOPW administrative expenses. 8. The CRA is expected to prepare an annual budget and present it to the County for approval. Failure by the County to approve the budget shall have no impact on the debt service payment of Performing arts Center project debt This provision is consistent with the CRA's stand on this issue. 9. The County shall issue bonds secured by tax increment revenue for the Performing Area Center project. Such bonds shall not be less than $11.9 million and be superior to all subsequent bonds which may be issued by the CRA for other qualified activities. The CRA officially notified the County with respect to its unilateral support for the Performing Arts Center project by pledging the first $1.0 million annual tax increment revenue which may support a bond issue of $10 - $11 million, depending on conditions affecting the bond market. However, once the proposed bond issue becomes superior to all future debt, it will be awfully difficult for the CRA to borrow any money against the tax increment revenue without pledging additional revenues. 10. In addition, the County demands that the Omni Redevelopment Plan be amended to include the Performing Arts Center project. The subject amendment shall be reviewed by the County Housing and Urban Development Advisory Board prior to its adoption by the County Commission at an advertised public hearing. This is a routine County process for any amendments to redevelopment plan, thus there is no need to include it in the interlocal agreement. 2 k..; /♦ �ZYpZ MEMORANDUM K To: Hon. Chairperson and Members Date: December 19, 1995 Board of County Commissioners Subject: Interlocal Agreement ;r with City of Miami Omni Redevelopment Frost: Robert A. Ginsburg Area E County Attorney The accompanying resolution was placed on the agenda at the request of Chairperson Arthur E. Teele, Jr. Robert A. Ginsburg County Attorney RAG/ydl Agenda Item No. RESOLUTION NO. RESOLUTION AUTHORIZING COUNTY MANAGER TO EXECUTE INTERLOCAL COOPERATION AGREEMENT BETWEEN COUNTY AND CITY OF MIAMI, WHICH ESTABLISHES RESPONSIBILITIES OF EACH FOR IMPLEMENTATION OF OMNI AREA COMMUNITY REDEVELOPMENT PROJECT PURSUANT TO SECTIONS 163.357 AND 163.410, FLORIDA STATUTES, AND PROVIDING THAT SUCH EXECUTION BE CONDITIONED UPON INCORPORATION OF CERTAIN TERMS IN SUCH 1NTERLOCAL AGREEMENT, AMENDMENT OF OMNI AREA REDEVELOPMENT PLAN TO ENCOMPASS PERFORMING ARTS CENTER COMPONENT, AND FINAL APPROVAL BY COUNTY ATTORNEY WHEREAS, the City of Miami Commission approved the Omni Area Redevelopment Plan by Resolution No. 86-868; and WHEREAS, Dade County by Resolution No. R-825-87 established the Omni Redevelopment Area as a separate community redevelopment area for tax increment financing purposes; and WHEREAS, Dade County by Ordinance No. 87-47 (the "Ordinance") approved the Omni Area Redevelopment Plan (the "Plan"), as supplemented by an addendum dated June 17, 1987; and WHEREAS, in accordance with the provisions of Florida Statutes Section 163.357 and Section 163.410, Dade County may, in its discretion, by resolution delegate the exercise of community redevelopment powers to the City of Miami Commission; and c. xEsoa7r scut Agenda Item No. WHEREAS, Dade County in the Ordinance delegated the exercise of community redevelopment powers to the City of Miami Commission for the Omni Redevelopment Area; and WHEREAS, the Ordinance required that the delegation of community redevelopment powers with respect to the Omni Redevelopment Area be formalized in an interlocal cooperation agreement between Dade County and the City of Miami (the "City") to provide for the specific community redevelopment powers to be delegated to the City and that all powers not specifically delegated to the City by the interlocal agreement remain with the Board of County Commissioners; and WHEREAS, Dade County has approved the public funding portion of the Performing Arts Center, which shall include, in part, tax increment revenues from the Omni Redevelopment Area; and WHEREAS, pursuant to Florida Statutes Section 163.387, funds allocated to and deposited into the Community Redevelopment Fund (the "Fund") shall be used by the Community Redevelopment Agency (the "Agency") to finance or refinance any community redevelopment it undertakes pursuant to the approved Plan; and WHEREAS, it is necessary to amend the Plan to encompass the Performing Arts Center component in accordance with Florida Statutes Sections 163.360, 163.361, and 163.362; and c x�so�r• sur Agenda Item No. Page 3 WHEREAS, this Board desires to set aside sufficient tax increment revenues annually to pay the debt service on not less than $11.908 million in bonds or other indebtedness to fund capital costs for the Performing Arts Center; and WHEREAS, this Board wishes to authorize the County Manager to execute the Interlocal Cooperation Agreement, in substantially the form presented by the City and attached to this Resolution as Exhibit A (the "Interlocal Agreement"), subject to the satisfaction of certain conditions set forth in this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that: Section 1. The Interlocal Agreement is hereby approved,, subject to the incorporation in such Interlocal Agreement of the following: (1) The following community redevelopment powers shall continue to vest in the Board of County Commissioners: (a) The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto. (b) The power to grant final approval to the Plan and modifications thereof. (c) The power to authorize the issuance of revenue bonds as set forth in Section 163.385. Florida Statutes (d) The power to approve the acquisition, demolition, removal, or disposal of property as provided in Section 163.370(3), Florida Statutes, and the power c REs01171 s4u4 `J y W c VWsou-r.sur Agenda Item No. Page 4 to assume the responsibility to bear loss as provided in Section 163.370(3), Florida Statutes. (2) The County shall have the right to ensure that the City of Miami is complying with the South Florida Building Code in all development activities within the Omni Redevelopment Area. (3) If the construction costs of the Performing Arts Center are affected due to delay or lack of diligence on the part of the City of Miami's Building and Zoning Department, the City shall contract with the County so that the County may provide all supervisory functions with respect to such construction, including all inspections and the issuance of any preliminary or final Certificate of Occupancy. (4) No less than $1.4 million in tax increment revenues annually shall be sort aside for the payment of debt service Am any bonds or indebtedness in an amount not less -than $11.908 million incurred by the County to pay capital costs of the Performing Arts Center. (5) The County shall defer to the City with respect to the appropriates: uses of Homeless Funds, in recognition of the superior interests of the City's residents and shall rescind any policy imposing further homeless financing obligation on the citizens of Northeast City of Miami. (6) Administrative expenses payable out of the Fund shall be capped at an amount not to exceed 20% of the annual budget. (7) The Agency shall prepare and submit for County approval at the beginning of each County fiscal year an annual budget in a format approved by the County for all aspects of the Plan and Fund. Failure by the County to approve the budget shall have no impact on the debt service payment of the Performing Arts Center bonds using the revenues of the Fund. (8) The County shall issue all bonds secured by tax increment revenues until the earlier of (i j five years or (ii) the issuance of bonds or the incua,Cng of debt by the County in an amount not less than $11.908 million for the Performing Agenda Item No. Page 5 Arts Center. Thereafter, the City may issue bonds secured by tax increment revenues, for any purpose delineated in the Plan, as amended, after approval by the County, which shall be subordinate to any debt incurred by the County for the Performing Arts Center. Section 2. The Board authorizes the County Manager to execute the Interlocal Agreement, as amended, to include the changes referenced above, upon the amendment of the Plan to include the Performing Arts Center component, upon the completion of the following conditions in such order: (1) The City of Miami shall initiate the amendatory process. (2) The proposed amendment shall be reviewed by the Housing and Urban Development Advisory Board of the County. (3) Prior to County approval of the modification of the Plan, the County shall hold an advertised public hearing pursuant to Florida Statutes Section 163.361 and provide public notice of such proposed action as required by Florida Statutes Section 163.346. Section 3. Execution of the Interlocal Agreement by the County Manager is further subject to final approval of such Interlocal Agreement by the County Attorney's office. The foregoing resolution was sponsored by Chairperson Arthur E. Teele, Jr. and was offered by Commissioner motion was seconded by Commissioner being put to a vote, the vote was as follows: James Burke Betty T. Ferguson Bruce Kaplan Natacha S. Miillan Alexander Penelas Katy Sorenson Arthur E. Teele, Jr. C VUS01171sur , who moved its adoption. The and upon Miguel Diaz de la Portilla Maurice A. Ferre Gwen Margolis Dennis C. Moss Pedro Reboredo Javier D. Souto Agenda Item No. Page 6 The Chairperson thereupon declared the resolution duly passed and adopted this DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK -10 Approved by County Attorney as to form and legal sufficiency. c MS011?1 sut Deputy Clerk INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made this day of , 1995, by and between Metropolitan Dade County, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY"), and the Community Redevelopment Agency for the Omni Redevelopment Area (hereinafter referred to as the "CRA"). WITNESSETH WHEREAS, by Resolution No. R-825-87 and Ordinance No. 8747 the COUNTY has approved a Redevelopment Plan (as may be amended from time to time, the "Plan") and a Tax Increment Fund (the "Fund") for the Omni Redevelopment Area (hereinafter referred to as the "PROJECT"), and WHEREAS, the PROTECT will take place within the corporate limits of the City of Miami, Florida (the "CITY"); and WHEREAS, pursuant to Ordinance No. 8747 and in accordance with the provisions of Sections 163.357 and 163.410, Florida Statutes, the COUNTY designated the City Commission of the CITY the community redevelopment agency for the Omni Redevelopment Area and said City Commission as the CRA hereby intends to enter into this Agreement with the COUNTY; and WHEREAS, the COUNTY intends to construct a Performing Arts Center (hereinafter referred to as the "Performing Arts Center") which will be located within the boundaries of the Omni Redevelopment Area and will be part of the PROJECT; and WHEREAS, the COUNTY has approved the public portion of the financing of the Performing Arts Center, which public financing will utilize, in part, tax increment revenues from the PROJECT; and C KGBK1007 SAM .a WHEREAS, the COUNTY will assist the CRA in carrying out the PROJECT by developing and financing the catalytic project, the Performing Arts Center, utilizing, in part, tax increment revenues as described in the Plan; and WHEREAS, the COUNTY and the CRA desire to provide the manner in which the COUNTY shall have overall responsibilities for the Performing Arts Center, and the CRA shall have overall responsibilities for the remainder of the PROJECT; NOW, THEREFORE, the COUNTY and the CRA agree as follows: I. CRA AND COUNTY RESPONSIBILITIES A. The COUNTY shall have the sole right and responsibility for planning, surveys, land acquisition, construction management, and all other community redevelopment undertakings, activities, or projects and related activities as defined in Chapter 163, Florida Statutes, relating to the Performing Arts Center as shown in the Plan. Except as otherwise specifically included herein, the CPA shall not have any rights or responsibilities in connection with the development or construction of the Performing Arts Center. B. The County Manager shall designate County Project Coordinators who shall be primarily responsible for carrying out all aspects of the PROTECT relating to the Performing Arts Center, and specifically those aspects specified in paragraph I.A. The County Project Coordinators will be responsible for providing quarterly report to the CRA of any COUNTY activity associated with the Performing Arts Center and will carry out the daily responsibilities of such activity. 2 C'G8K40?.WI C. The CRA shall designate a CRA Project Coordinator, who shall be primarily responsible for carrying out all aspects of the PROJECT other than those relating to the Performing Arts Center. The CRA Project Coordinator will provide annual reports to the COUNTY of any CRA activity associated with all such aspects of the PROJECT. D. Specifically, the CRA Project Coordinator will be responsible for implementing the Plan, developing proposals for financing the PROJECT other than the Performing Arts Center, coordination of relocation activities, and coordination of the design and construction of public improvements necessary to support any CRA administered redevelopment activity implementing the Plan (which shall exclude any redevelopment activity relating to the Performing Arts Center). II. PROJECT ACTIVITIES A. Land Disposition 1. With the exception of any activity associated with the Performing Arts Center, the CRA shall be responsible for all land acquisition, including the use of eminent domain to acquire land. 2. With regard to any CRA redevelopment activity unrelated to the Performing Arts Center, the CRA shall prepare project marketing materials and shall be responsible for advertising for developers to submit proposals. 3. Any disposition of land for the PROJECT shall be accomplished in accordance with applicable federal guidelines, applicable provisions of state law, and established PROJECT guidelines. 4. The CRA may convey CRA-acquired land to a developer for fair market value for use in accordance with the redevelopment Plan and shall deposit the proceeds from the 3 C K;BA'1007 SUM sale or lease in the Fund to be utilized in accordance with the PROJECT budget and Chapter 163, Florida Statutes. The CRA may convey land to qualified nonprofit organizations pursuant to State law and CRA procedures. Guidelines for selection of qualified nonprofit organizations must be established by the CRA. B. Other PROJECT Activities 1. With regard to any CRA redevelopment activity unrelated to the Performing Arts Center, the CRA shall be responsible for the administration and funding for all relocation activities. The CRA may contract with COUNTY agencies to assist in residential I relocation. 2. With regard to any CRA redevelopment activity unrelated to the Performing Arts Center, the CRA shall design and construct public improvements necessary to support the redevelopment of the PROJECT. The CRA shall determine and ensure that such activities comply with appropriate federal, state, and local regulations relating to affirmative action and race -conscious concerns. 3. All redevelopment activities conducted under the terms of this Agreement t shall be in accordance with the Plan. Any amendments to the Plan must have prior approved of the Board of County Commissioners of the COUNTY as to aspects thereof relating to the Performing Arts Center and of the City Commission of the CITY as to aspects thereof not i relating to the Performing Arts Center, in each case before their implementation. C. PROJECT Financing l . The CRA shall administer and manage the Fund as required by law and develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and 4 C KGBKIOVSAM effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the COUNTY may, expeditiously and without undue delay, utilize such funds in accordance with the COUNTY approved budget for the Performing Arts Center; and whereby the CRT may, expeditiously and without undue delay, utilize the funds, other than those dedicated to the Performing Arts Center, in accordance with the COUNTY -approved budget for those aspects of the PROJECT not related to the Performing Arts Center. In furtherance of such expeditious utilization of such funds for the Performing Arts Center, the CRA shall remit to the COUNTY no later than March 31st each year, beginning with the first calendar year in which the COUNTY has bonds outstanding as of January 1 of such year which were issued for the purpose of financing the cost of construction of the Performing Arts Center ("Performing Arts Center Bonds"), the first one million dollars ($1.0 million) of tax increment trust fund revenue for the purpose of paying debt service on the Performing Arts Center Bonds (the "County Debt Service Payment"), provided such funds are available in the Fund. The CRA's obligation to pay the $1.0 million each year shall cease at such time that the COUNTY has no Performing Arts Center Bonds outstanding. If the COUNTY sells bonds or incurs indebtedness with regard to the Performing Arts Center, the COUNTY shall ensure that all documentation relating to such indebtedness or bonds shall limit the liability of the CRA to such $1.0 million per year, subject to availability of such funds, and the County will indemnify and hold the CRA harmless for any liability in excess of the $1.0 million per year as originally committed. The CRA shall be annually compensated for all administrative services rendered with respect to any and all aspects of the PROJECT and the Fund from the revenue in the Fund. 5 C iGBK100714M 1.. 2. Upon receipt of a written report from the COUNTY detailing the proposed annual expenditures for activities associated with the Performing Arts Center, the CRA shall prepare and submit for COUNTY approval at the beginning of each COUNTY fiscal year an annual budget in a format approved by the COUNTY for all aspects of the PROJECT and Fund including the Performing Arts Center Bonds as outlined in paragraph C.1. and any other debt obligations. 3. The CRA and County Manager shall determine that any hiring relative to the implementation of the Plan complies with appropriate COUNTY and CITY regulations relating to affirmative action and race -conscious concerns. 4. The CRA may sell bonds required to finance the PROJECT with the exception of the Performing Arts Center Bonds. Prior to issuance„the COUNTY shall review and approval all CRA instruments of indebtedness relating to tax increment financing. The CRA shall not withhold the County Debt Service Payment for any reason notwithstanding any other activities, actions, claims, or causes of action related to the PROJECT. D. Citizen Participation 1. To carry out the citizen participation process, the CRA shall utilize the Omni/Venetia Task Force of the Greater Miami Chamber of Commerce, the HUD Advisory Board and other community groups (collectively the "Citizen Advisory Groups") for community involvement and coordinate CRA and COUNTY community involvement and consider citizen input in the redevelopment of PROJECT activities. E. Project Management, Administration, and Coordination C. k;BK1007 SAM 1. The COUNTY shall: P in a. Provide the CRA with a Plan of Action with respect to those aspects of the PROJECT related to the Performing Arts Center. This provision shall not be deemed to require the approval of the CRA with respect to any aspects of such Plan of Action. b. Develop an implementation schedule for all PROJECT activities related to the Performing Arts Center. C. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the CRA Project Coordinator II and the Citizen Advisory Groups beginning one year from the execution of this agreement. e. Submit additional interim reports upon request of the CRA. 2. The CRA shall: a. Provide the COUNTY with a Plan of Action with respect to those aspects of the PROJECT not related to the Performing Arts Center. This provision shall not be 1 deemed to require the approval of the CRA with respect to any aspects of such Plan of Action. b. Develop an implementation schedule for all PROJECT activities jrelated to the Performing Arts Center. i { C. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the CRA Project Coordinator i f and the Citizen Advisory Groups beginning one year from the execution of this agreement. 1 e. Submit additional interim reports upon request of the CRA. 2. The CRA shall: a. Provide the COUNTY with a Plan of Action with respect to those aspects of -the PROJECT not related to the Performing Arts Center. This provision shall not be 7 C K;BK100714M 4 : f P*� deemed to require the approval of the COUNTY with respect to any aspect of such Plan of Action. b. Develop implementation schedules for all PROJECT activities not related to the Performing Arts Center. C. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the County Project Coordinator and the Citizen Advisory Groups beginning one year from the execution of this Agreement. e. Submit additional interim reports upon request of the COUNTY. III. ASSURANCES A. As part of this agreement the COUNTY shall follow applicable federal and COUNTY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. B. As part of this Agreement the CRA shall follow applicable federal and COUNTY and CITY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. C. All powers not specifically delegated to the CRA in this Agreement shall be reserved exclusively to the Board of County Commissioners of the COUNTY. IV. ENTIRE AGREEMENT This instrument and its attachments, if any, constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 8 C K)W007 SHIM V. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all of 3 the day and year first above -written. COMMUNITY REDEVELOPMENT METROPOLITAN DADE COUNTY, a AGENCY for the REDEVELOPMENT political subdivision of the State of Florida DISTRICT Miller J. Dawkins Chairman of the Board WITNESSES: Walter Foeman, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holland & Knight CRA Counsel 6 C. 4BK1007 UW Armando Vidal, P.E. County Manager Harvey Ruvin, Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert A. Ginsburg County Attorney