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HomeMy WebLinkAboutOMNI-CRA-M-96-0004W CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Chairman and Members of the Board DATE : March 11,1996 FILE Community Redevelopment Agency SUBJECT : Omni Interlocal Agreement FROM : Herbert J. Bailey REFERENCES: Executive Directo Community Redev op ent Agency ENCLOSURES: We have reviewed the attached Interlocal Cooperation Agreement ("Agreement") for the Omni Redevelopment Area, adopted by the Board of Dade County Commissioners on February 7, 1996. The Agreement, if approved by both parties, officially delegates certain community redevelopment powers to the Community Redevelopment Agency ("CRA") and, delineating the responsibilities of both Dade County and CRA as to the implementation of the entire redevelopment plan as well as the Performing Arts Center project. Some of the highlights of the Agreement: • The CRA shall receive $1.2 million from the Omni trust fund for the purpose of implementing certain public projects in the area. • Dade County shall be responsible for all activities associated with the implementation of Performing Arts Center. • The CRA shall be responsible for the implementation of all projects except the Performing Arts Center project. • Up to $1.43 million of annual tax increment revenue shall be allocated to support debt instruments issued for the funding of the Performing Arts Center project. In light of numerous meetings held with the Dade County Officials, area residents and property owners, we believe that the attached Agreement may serve the interest of all parties involved in the redevelopment of the Omni area. Therefore, it is respectfully recommended that the CRA Board approve the attached Agreement. 0WICRA 96- 1 96- 2 95- 3 96-. 4� fir- 5 W W INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT, made this day of , 1996, by and between Metropolitan Dade County, a political subdivision of the State of Florida, (the "COUNTY"), the City of Miami, a municipal corporation of the State of Florida, and the Community Redevelopment Agency for the Omni Redevelopment Area (the "CRA") WITNESSETH WHEREAS, by Resolution No. R-825-87 and Ordinance No. 87-47 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 PROJECT will take place within the corporate limits of the City of Miami, Florida (the "CITY"); and WHEREAS, pursuant to Ordinance No. 87.47 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 CRA for the Omni Redevelopment Area and said City Commission as the CPA hereby intends to enter into this Agreement with the COUNTY; and WHEREAS, the COUNTY intends to construct a 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 ONM/CRA, the PROJECT; and —2 3 (' :DOI'SKi8Al00?B.Sr1A/ (� . nJ 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. The COUNTY shall have the right to ensure that the CRA is complying with the South Florida Building Code in all development activities of the PROJECT. Except as otherwise specifically included herein, the CRA shall not have any rights or responsibilities in connection with the development or construction of the Performing Arts Center. OMNI/CRA 96- 1 2 9P_ 2 %D(XSMBK10078Wf96_ 3 9r_ 4 9� 65 B. The County Manager shall designate County Project Coordinators who shall be primarily responsible for carrying out all aspects of the PROJECT relating to the Performing Arts Center, and specifically those aspects specified in paragraph I.A. The County Project Coordinators will provide quarterly reports to the CRA of any COUNTY activity associated with the Performing Arts Center and will carry out the daily responsibilities of such activity. 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, other than the Performing Arts Center; 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. ()NM/CRA 96- 1 96- 2 3 96- 3 00CS*eP00?e.cu( 95 9- 5 96- 6 M 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 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 163, Florida Statutes. The - pursuant to a e ,-weedufes. Ouidelmes for selection o ua a nonprofit organizations must be esta 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 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. OMNT/CRA 4 9— 5 �9 6 — �2 96— 4 3. All redevelopment activities conducted under the terms of this Agreement shall be in accordance with the Plan. Any amendments to the Plan must have the prior approval of the Board of County Commissioners of the COUNTY. C. PROJECT Financing 1. 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 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 CRA 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 CPA shall remit to the COUNTY no later than March 31 st 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 (the "Performing Arts Center Bonds"), up to, but not more than the first one million four hundred thirty thousand dollars ($1.43 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 $1.43 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 OMR/CRA r WOCSKGSK10078.BdM s 96— 5 96— 196— !1- n 96— 6 96_ 3 96— 4 KI M 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 $1.43 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 $1.43 million per year as originally committed. Over a three year period of time commencing the year this Agreement is executed a total of one million two hundred thousand dollars ($1.2 million) of tax increment funds shall be contributed by the CITY and COUNTY for redevelopment purposes pursuant to the Plan, other than for the Performing Arts Center, provided such funds are available in the Fund. Any tax -increment funds collected in excess of the $1.2 million shall be remitted to the County for the Performing Arts Center Project. The CRA shall be annually compensated for all administrative services rendered with respect to any and all aspects of the PROJECT and the Fund subject to the availability of revenue in the Fund. Such administrative expenses payable out of the Fund shall be capped at an amount not to exceed twenty percent (20%) of the annual budget approved by the COUNTY. 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. Failure by the COUNTY to approve the budget shall have no impact on the County Debt Service Payment. C. OM7GeA 007BAOf 6 96- 5 96- 6 0MW/CRA 96- 1 96-- 2 96- 3 36- 4 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 COUNTY shall issue all bonds secured by tax increment revenues until the earlier of (i) five years or (ii) the issuance of bonds or the incurring of debt by the COUNTY for the Performing Arts Center in an amount not less than eleven million nine hundred eight thousand dollars ($11.908 million). Thereafter, the CRA may issue bonds required to finance the PROJECT, with the exception of the Performing Arts Center Bonds, subordinate to any debt incurred by the COUNTY for the Performing Arts Center. The subordination -of bonds issued by the CRA referred to in the preceding sentence shall relate only to the first $1.43 million of tax increment revenues reserved for the County pursuant to the provisions of IIC 1. above. Prior to issuance, the COUNTY shall review and approve 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 l . To carry out the citizen participation process, the CRA shall utilize the OmniNenetia Task Force of the Greater Miami Chamber of Commerce, the HUD Advisory Board and other community groups (collectively the "Citizen Advisory Groups") for communit involvement and coordinate CRA and COUNTY community involvement and consider citizen input in the redevelopment of PROJECT activities. 0MW/CR.A 96- 5 96- 1 (' 1l.�Of'SIQAA'I00'B C4Al n 1 96- 3 96- 4 q E. Project Management, Administration, and Coordination I. The COUNTY shall: 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 and the Citizen Advisory Groups beginning one year from the execution of this agreement. e. Submit additional interim reports upon the 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 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. r owsirtakiam wt OMM/CRA 8 96- 96- 6 HI 3 . 96_ e. Submit additional interim reports upon the 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. Specifically, 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 community redevelopment plan and modifications thereof. (c) The power to authorize issuance of revenue bonds as set forth in Section 163.385, Florida Statutes. t,ocS*BKW0'BA4A1 OMW/CRA 9 96— 5 �96— 1 2 96— 6 96— 3 96— 4 Z'ded power to approv a acquisition, demo 'lion, removal o=r'd`p�asAl of property aspction I . 70(3), Florida Stat s, and the power t��sume the respo ility to bear loss provided in Section 163.370(3), Florida Spdutes. 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. V. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. C: IDOCSIGBK1007B,,W OMW/CRA 96- 10 96— r 95- 6 A,- 3� 95 4 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 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 C V)0CSIGBK%007B.&4Af Armando Vidal, P.E. County Manager Harvey Ruvin, Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert A. Ginsburg County Attorney OMNUCRA . 11 95- 5 96- 1 95- 6 9- 6- 23 95- 4 it J CITY OF MIAMI, a municipal corporation of the State of Florida &M Cesar H. Odio City Manager WITNESSES: Walter Foeman, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A. Quinn Jones III City Attorney C V+txS084 007BX.ur OMM/CRA 95- i 96- 5 96- 2 12 96- 6 96- 3 96- 4