HomeMy WebLinkAboutSEOPW-CRA-2000-03-13-Discussion Item 01MAR 10 2000 17:59 FR HOLLAND-KNIGHT TO
AGENDA ITEM
Revised: March 8, 2000
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement's is made as of the let day of
March, 2000, among the City of Miami (the "City"), a municipal corporation organized
under the laws of the State of Florida, having offices at 444 S.W. 2nd Avenue, Miami,
Florida 33128, the Se•itheast Overtown/Park West Community Redevelopment
Agency (the "SEOPW k-RA"), a public body corporate and politic of the State of
Florida, and the Community Redevelopment Agency of the Omni Area (the "Omni
CRA"), a public body corporate and politic of the State of Florida, having offices at 300
Biscayne Boulevard Way, Suite 430, Miami, Florida 33131.
WITNESSETH
WHEREAS, it is the purpose and the intent of this Agreement and the parties
hereto and consistent with the Florida Interlocal Cooperation Act of 1969, as amended
(the "Cooperation Act") to permit the City and the Miami CRA, as hereinafter defined,
to make the most efficient use of their respective powers, resources and capabilities by
enabling them to cooperate on the basis of mutual advantage and thereby to provide
the services and achieve the results provided for herein; and
WHEREAS, the SEOPW CRA and the Omni CRA were created pursuant to the
adoption of Ordinance Nos. 1677-82 and 11248-95, respectively; and
WHEREAS, the City approved and adopted the Southeast Overtoww?ark West
Community Redevelopment Plan, pursuant to Resolution Nos. 82-755 and 85-1247
(the "Southeast Overtown/Park West Redevelopment Plan"), and the Omni Area
Redevelopment Plan, pursuant to the Resolution Nos. 86-868 and 87-604 (the "Omni
Redevelopment Plan") (the "Southeast Overtown/Park West Redevelopment Plan and
the Omni Redevelopment Plan are collectively referred to as the "Redevelopment
Plans"); and
WHEREAS, pursuant to Section 163.410, Florida Statutes, Miami Dade
County has delegated community redevelopment powers to the City; and
WHEREAS, the Omni CRA and the SEOPW CRA are responsible for carrying
out community redevelopment activities and projects in the Omni Redevelopment
Area and the Southeast Overtown/Park West Redevelopment Area, respectively
(hereinafter collectively referred to as "Redevelopment Areas") established pursuant
to the Redevelopment Plans; and
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WHEREAS, the boundaries for the Redevelopment Areas are provided for in
Exhibit A, attached and incorporated herein, as may be amended from time to time;
and
WHEREAS, it is consistent with the purpose of the Cooperation Act to provide
a means by which the City and the Miami CRA may jointly exercise the powers,
privileges and authorities that they share in common and that each might exercise
separately, but which pursuant to this Agreement and the Cooperation Act they may
exercise collectively, including but not limited to the manner of providing financial
assistance and resources needed to accomplish the planning, design, development and
implementation necessary for the undertaldng and carrying out of the community
redevelopment projects in the Redevelopment Areas as provided herein and in the
Redevelopment Plans; and
WHEREAS, the City and Miami CRA desire herein to provide for their mutual
and respective understandings, agreements, rights, duties and obligations pertaining
to the planning, design development and implementation of the Projects (as
hereinafter defined) and the necessary staff, consultants and other service providers
related thereto; and
WHEREAS, the City and Miami CRA desire to facilitate the financing of the
Projects for the current Fiscal Year and for future years, pursuant to the terms of this
,Agreement and related agreements as provided herein; and
WHEREAS, the Cooperation Act and the Florida Community Redevelopment
Act of 1969 (collectively referred to as the "Act') permit intergovernmental
coordination between the City and Miami CRA for: (i) certain services relating to
financial, support; (ii) the use of certain City employees; and (iii) other assistance
necessary for the Projects and future projects; and
WHEREAS, the financing of the Projects and providing of employees to carry
out services associated with the Projects will further governmental purposes and be of
substantial benefit to the City and the Miami CRA; and
WHEREAS, the Miami CRA's provision of program management, technical
assistance, planning, coordination, development and other services necessary for the
Projects will further the interests of the Miami CRA and the City and shall serve a
public purpose by, among other things, aiding in the elimination of slums and blighted
areas, advancing the public health and general welfare and result in the coordination,
development, implementation and completion of the Projects in the Redevelopment
Areas; and
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WHEREAS, it is necessary and appropriate for the parties to provide for
intergovernmental cooperation and to cooperate and jointly proceed as provided
herein;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and obligations herein contained and subject to the terms and conditions
hereafter stated, the City and the Miami CRA agree as follows:
ARTICLE I - AUTHORITY
This Agreement is entered into pursuant to and under the authority of the
provisions of Chapter 163, Florida Statutes and the Ordinances and Resolutions noted
above.
ARTICLE II - DEFINITIONS
2.1 Definitions
The terms defined in this Section 2.1 shall have the following meanings for
purposes of this Agreement when initially capitalized herein:
(a) "Act" means Part I and Part III, Chapter 163, Florida Statutes.
(b) "Agreement" means this Interlocal Cooperation Agreement,
including any exhibits hereto, as the same may be hereafter amended from time to
time.
(c) "Base Year" means the Fiscal Year 1999.
(d) "City" means the City of Miami, Florida, a municipal corporation
organized under the laws of the State of Florida, and any successors thereto or assigns
thereof.
(e) "CRA Board" means the Board of Directors of the Miami CRA.
M "Effective Date" means the date as determined by Section 12.5
hereof on which this Agreement becomes effective.
(9) "Expiration Date" means the date on which this Agreement
terminates by its own terms as provided in Section 10.1 hereof
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(h) "Fiscal Year" means the fiscal years of the City and Miami CRA
commencing on October 1 of each year and ending on the next succeeding September
30.
Q) "Five Year Program Plan" means the five (5) year program plan
for the execution of Projects as set forth in Article VIM
6) "HUD Funds" mean grants of moneys the City receives from time
to time from the United States Department of Housing and Urban Development,
including but riot limited to community development block grant funds ("CDBG
Funds'), HOME Investment Partnership funds ("HOME Funds"), and other similar
funds.
(k) "Miami CRA" means collectively the Southeast Overtown/Park
West Community Redevelopment Agency and the Omni Area Community
Redevelopment Agency of the City of Miami, their successors or assigns.
0) "Park Bond Funds" mean grants of moneys the City receives from
time to time from Miami Dade County Safe Neighborhood Park Bonds issued for
capital improvements for existing parks in the City-
(m) "Projects" mean the community redevelopment projects and
related activities as defiined in the Act within the Redevelopment Areas and approved
by the City.
(n) "Redevelopment Areas" mean the Omni CRA Redevelopment Area
and the Southeast Overtown/Park West CRA Redevelopment Area as provided within
the Redevelopment Plans as herein defined, as the same may be hereafter amended
from time to time as described on Exhibit A.
(o) "Redevelopment Plans" mean the Southeast Overtown/Park West
Area Community Redevelopment Plan approved by the City in Resolution Nos. 82-755
and 85-1247, and the Omni Area Redevelopment Plan approved by the City in
Resolution Nos. 86-868 and 87-604, as the same may be hereafter amended from time
to time.
ARTICLE III - PURPOSE; FINDINGS; INTENT
3.1 Purpose
The Miami CRA and the City acknowledge and agree that the purpose of this
Agreement is to set forth the cooperative relationship between the City and the Miami
CRA, the respective duties and obligations thereof and the procedures to be followed
by the parties hereto in order to undertake and carry out the financing for the
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program management, technical assistance, planning, coordination, development and
other services necessary for the Projects and the services of staff, consultants and
others necessary for the Projects.
3.2 Findings
The City and Miami CRA hereby ascertain, determine, declare and find that:
(a) Projects that further the legislative findings of the Act and the
related goals, purposes, and objectives of the Redevelopment Plans shall make a
significant contribution to the redevelopment of the Redevelopment Areas and shall
serve a public purpose by aiding in the elimination and prevention of slums and
blighted areas, and providing affordable housing, and therefor advancing the public
health and general welfare of the Redevelopment Areas.
(b) The Miami CRA's undertaking of the program management,
technical assistance, project administration, planning, coordination, development and
provision of other services related to the Projects shall further the interests of the City
and the Miami CRA, and will result in better coordination, efficient management and
timely implementation of the development of the Projects.
(c) It is necessary and appropriate for the City and the Miami. CRA to
cooperate and proceed as provided herein_
3.3 Intent; Cooperation; Exercise of Powers.
The parties hereto agree to cooperate and assist each other in achieving the
purpose set forth in this Article_ Each of the parties hereto does hereby grant to the
other parties hereto and does acknowledge that the other parties may, in furtherance
of the purpose of this Agreement, exercise any and all powers legally available to that
party, which but for this Agreement, the other parties may not be able to exercise and
which by virtue of this Agreement may be shared with the other parties and be
exercised separately and collectively, subject to the limitations of Chapter 163 of the
Florida Statutes.
3.4 Designation
The City hereby designates SEOPW CRA as the exclusive party responsible for
the planning, development, program management, technical assistance, coordination,
project administration, monitoring and other services required for the completion of
the Projects with the Southeast Overtovm/Park West Redevelopment Area. The
SEOPW CRA hereby agrees to carry out its duties and functions as such designated
exclusive party in accordance with the terms of this Agreement.
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The City hereby designates OMNI CRA as the exclusive party responsible for
the planning, development, program management, technical assistance, coordination,
project administration, monitoring and other services required for the completion of
the Projects with the Omni Redevelopment Area. The OMNI CRA hereby agrees to
carry out its duties and functions as such designated exclusive party in accordance
with the terms of this Agreement.
The City further declares the Miami CRA to be a subrecipient of the City and
afforded the same rights and privileges of any other subrecipient receiving HUD
Funds. The Miami CRA shall comply with all applicable federal, state and Iocal laws
and regulations relating to the HUD Funds and/or any other funds received by it from
the City. For such purposes, the provisions of OMB Circular A-102 ("Grants and
Cooperative Agreements With State and Local Governments", as amended August 29,
1997) as hereafter amended, are attached and incorporated hereto as Exhibit C.
ARTICLE IV - FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY
4.1 City's commitment to funding.
The City hereby agrees to provide financial support to the Miami CRA for the
planning, development, program management, technical assistance, coordination,
monitoring and other services needed for the Projects undertaken pursuant to this
Agreement. The City and Miami CRA hereby agree that:
(a) Five Year Funding Plan. The City and Miami CRA shall, by
separate resolution, agree to a five year funding plan ("the Five Year Funding PIan")
for the Miami CRA relative to this Agreement. Such funding shall be subject to the
annual appropriation, allocation and approval of the City Commission and subject to
the City's receipt of any funds not originating with the City, and the Five Year
Funding Plan shall be coordinated with the Five Year Program Plan to be established
in accordance with Article VIII of this Agreement. The funds shall be held and
administered as provided in Section 4.4 of this Agreement. Each year the Five Year
Funding Plan shall be amended to reflect the sources and amount of funding to be
provided by the City to the Miami CRA, and the Projects to be undertaken by the
Miami CRA as reflected in the Five Year Program Plan, as same may be amended.
(b) Administrative Expenses. The Miami CRA shall not use any
community development block grant funds (hereafter referred to as "CDBG Funds")
received from the City for administrative expenses (as defined in 24 CFR Part 570),
without the prior written approval of the City Manager. The Miami CRA shall use
funds received from other sources for any necessary administrative expenses.
4.2 Base Year for Funding Purposes. The City and Miami CRA agree that
the base year for the purposes of calculating the City's ongoing commitment to fund
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activities of the Miami CRA pursuant to this Agreement shall be Fiscal Year 1999 (the
"Base Year"). For Fiscal Year 1999, the City hereby agrees to the following_
(a) Project Plan. For the Base Year, the Miami CRA, shall receive
Funds for those Projects agreed to by the City.
(b) General Fund Support. For the Base Year, the amount of
$279,488 shall be provided by the City to the Miami CRA for other necessary expenses
as agreed to by the City_ Such funds shall be expended as provided herein, unless the
Miami CRA has first secured the written permission of the City.
(c) Program Operations Expenses. For the Base Year, for operating
costs including the salaries and benefits of the City employees designated on Exhibit
B hereto, and for other staff personnel contracted for directly by the Miami CRA (as
will be the case for most of its staff) not exceeding a Base Year amount of $379,900,
unless agreed to by the City.
(d) Continuing Payments for Benefit of Miami CRA Proiects.
(1) The City shall continue to fund the debt service obligations
associated with the $11,500,000 Community Redevelopment Revenue Bonds 1990
Series, to the extent that the Miami CRA does not have the financial ability to pay
same, as determined by the City.
(2) The City shall continue to pay the debt service on the
Section 108 Loan of $5,100,000 approved in 1990 and drawn upon in 1994, having an
outstanding principal balance of $4,800,000 secured by the United States Department
of Housing and Urban Development, to the extent that the Miami CRA does not have
the financial ability to pay same, as determined by the City.
(e) Other Financial Sunvort. The City may also provide to the Miami
CRA financial support other than the financial resources and support specifically
identified herein.
4.3 Reallocation and Rollover of Unexpended Funds
Any unexpended moneys, including monies due and payable to the Miami CRA,
not obligated or encumbered by the Miami CRA derived from the sources of funds as
provided in this Article and unexpended at the end of any fiscal year, shall be
reallocated and carried over into the next Miami CRA fiscal year, subject to HUD and
other funding source regulations and requirements, the requirements of any related
agreements or bond covenants and the CiWs prior approval.
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4.4 Disbursement of Funding to Fiduciary of Miami CRA
Notwithstanding any other agreement or understanding, the City does hereby
consent and authorize the Miami CRA to have the full and complete control and
custody of moneys collected, approved, provided for and authorized for the SEOPW
CRA and the Omni CRA, respectively, by the City or any other governmental entity or
source_ Such moneys of the SEOPW CRA and Omni CRA, respectively, shall be
deposited into separate Redevelopment Trust Funds and related accounts maintained
with respect to the SEOPW CRA and the Omni CRA with a fiduciary as determined
by the SEOPW CRA and the Omni CRA, respectively_ Such fiduciary shall continue to
provide all services and support related to the keeping, management (investing),
handling and budgeting of such Trust Funds as determined by the SEOPW CRA and
the Omni CRA, respectively, and shall provide monthly budget reports (and related
financial statements) by account and/or Project, detailed as applicable and required by
the SEOPW CRA and Omni CRA. The City agrees that the City's Finance
Department shall be the fiduciary for the SEOPW CRA and the Omni CRA,
respectively, provided, however, that by resolution, the SEOPW CRA and the Omni
CRA may each designate a different fiduciary.
ARTICLE V-PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY CITY
5.1 Use of City Personnel.
(a) The City hereby agrees to provide and designate the City
employees listed on Exhibit B to serve as full-time staff to the Miami CRA for the
program management, planning, coordination, technical assistance and other services
needed by the Miami CRA, The City Manager is hereby authorized to provide, on the
request of the Miami CRA, for the annual detailing to the Miami CRA of full time and
part time City employees from the various departments of the City providing services
to the Miami CRA. For the Base Year as provided in Article IV of this Agreement, the
City agrees that the employees designated in Exhibit B shall provide full time service
to the Miami CRA. Any employees hired by the Miami CRA after the Effective Date of
this Agreement, shall not be City employees, unless otherwise agreed to by the City.
(b) The City employees designated to serve as full time staff to the
Miami CRA shall continue to receive all the benefits provided to other City employees
related to their employment with the City, except that the day -today duties and
supervision of the employees shall be determined and provided by the Miami CRA
unless otherwise decided by the City Manager. Such employees shall adhere to all
City rules and regulations regarding employment.
(c) The City Attorney shall serve as counsel to the Miami CRA,
unless the Miami CRA otherwise selects a general counsel, provided that nothing
herein shall prohibit the Miami CRA from obtaining special counsel.
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(d) The City Clerk shall serve as the official custodian of records and
documents for the meetings of the Miami CRA. The City Clerk, or his or her designee,
shall keep the minutes of the proceedings of the Miami CRA, maintain a journal of all
resolutions, publish notice of meetings as required by law, and perform all other
similar functions on behalf of the Miami. CRA.
(e) The City shall also provide the Miami CRA with the assistance of
such other City employees as may be requested by the Miami CRA, upon the approval
of the City Manager. In furtherance of this provision, the City Manager and Miami.
CRA shall agree, in writing, on the general scope services to be provided by such City
employees; however, the final approval of any such services shall be within the City
Manager's sole discretion.
(f) In furtherance of the intent of this Section 5.1, the Miami CRA's
use of City personnel shall be detailed in a separate agreement as may be required by
the City Manager between the City and the Miami CRA, which agreement shall
provide for reimbursement by the Miami CRA for the use of City, employees. Such
agreement shall comply with all applicable provisions of Section 112.24 of the Florida
Statutes.
52 Selection of Certain Staff of CRA
The Miami CRA is hereby authorized to employ or contract with a person(s) or
consultant(s) with the designated title of Executive Director, Director of Operations
and Administration and Director of Strategic Planning and of Redevelopment for the
Miami CRA., and to determine the qualifications, duties and compensation for such
positions.
ARTICLE VI - RESPONSIBILITIES OF THE MIAMI CRA
6.1 Responsibilities of Miami CRA
(a) The Miami CRA shall be responsible for the planning,
development, program management, technical assistance, coordination and other
services necessary for the completion of the Projects.
(b) For the financing of projects in future years as part of the City's
annual budget process, the Miami CRA shall prepare and submit to the City a
proposal which identifies the projects and activities to be planned, designed,
developed, implemented and carried out by the Miami CRA prior to the appropriation,
allocation and approval of the City's yearly budget. The budget process of the Miami
CRA shall be in accordance with City guidelines for other authorities and agencies of
the City, unless otherwise required by Florida Statutes 163_
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(c) Any amendments, modifications or alterations of the Projects
shall require the City's prior approval.
6.2 Reports to the City.
The Miami CRA shall provide to the City status reports regarding the Projects.
Such reports shall be provided to the City no later than April 30 and October 30 of
each year and at such other time or times as the City may require. Any reports
required pursuant to any Project fund agreement shall be provided in accordance with
such agreement.
ARTICLE VII - COOPERATION ON COMMUNITY REDEVELOPMENT
INITIATIVES
7.1 Mutual Cooperation Between the Parties.
To further enhance the community redevelopment activities in the City, the
City and Miami CRA hereby agree to:
(a) Work together for the incorporation and support of the legislative
priorities and initiatives of the Miami CRA into the City's legislative priorities and
initiatives.
(b) Work cooperatively upon the approval of any legislative initiative
of the Miami CRA_
(c) Coordinate the delivery of municipal services associated with any
Miami CRA Project(s) with the scheduling activities of the Pro*t(s). The City
Manager, or his designee, and the Miami CRA Director of Operations and
Administration, or his designee, shall be responsible for such coordination.
ARTICLE VIII - ESTABLISHMENT OF FIVE YEAR PLAN
8.1 Establishment of Five Year Program Plan.
(a) The City and Miami CRA shall prepare a five (5) year plan for
projects and activities to be undertaken by the Miami CRA pursuant to this
Agreement (the "Five Year Program Plan").
(b) The Miami CRA. hereby agrees to be responsible for the
preparation of the Five Year Program Plan. Such plan shall be presented for review
and acceptance by the City Commission after approval by the Board of Directors of
both the SEOPW CRA and the OMNI CRA. The Five Year Program Plan shall be
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updated annually by the Miami CRA and be presented for review and acceptance by
the City Commission after approval by the CRA Boards of Directors of both the
SEOPW CRA and the OMNI CRA.
(c) Subject to the availability of funds and appropriation by the City
Commission on an annual basis, the City shall fund the overall elements of the Five
Year Program Plan, approved by the City Commission.
ARTICLE IX - EXECUTION OF RELATED AGREEMENTS
9.1 Execution of Any Required Agreements
If the nature or use of the HUD Finds, Park Bond Funds or any other source of
funding provided by the City to the Miami CRA pursuant to this Agreement requires
the City and Miami CRA to enter into an agreements relating to the projects such
agreement shall be in accordance with all applicable rules and regulations of the
funding source.
9.2 Execution of Related Agreements
All agreements shall be executed by the Executive Director on behalf of the
Miami CRA and the City Manager on behalf of the City, upon the approval of the City
Commission.
ARTICLE X - TERMINATION
10.1 Termination
This Agreement shall terminate upon the dissolution of the Miami CRA or by
resolution of the City Commission.
ARTICLE XI - REPRESENTATIONS; WARRANTIES; COVENANTS
11.1 Representations and Warranties and Covenants of the City
The City represents, warrants and covenants to the Miami CRA that each of
the following statements is presently true and accurate:
(a) The City is a validly existing municipal corporation organized
under the laws of the State of Florida, has all requisite corporate power and authority
to carry on its business as now conducted and to perform its obligations under this
Agreement and each document contemplated hereunder to which it is or will be a
ply.
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(b) The Miami CRA shall coordinate all community redevelopment
activities in the Redevelopment Areas.
(C) The City shall continue its redevelopment activities throughout
the City, except as provided in this Agreement.
(d) This Agreement has been duly authorized by all necessary action
on the part of and has been, or will be, duly executed and delivered by the City, and
neither the execution and delivery hereof, nor compliance with the terms and
provisions hereof, (i) requires the approval and consent of any other party, except such
as have been duly obtained or as are specifically noted herein, (ii) contravenes any
existing law, judgment, governmental rule, regulation or order applicable to or
binding on any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the City is a party, or (iii) contravenes or results in
any breach of, or default under any other agreement to which the City is a party, or
results in the creation of any lien or encumbrance upon any property of the City.
(e) This Agreement constitutes a legal, valid and binding obligation of
the City, enforceable against the City in accordance with the terms hereof except as
such enforceability may be limited by public policy or applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights
generally and subject to usual equitable principles in the event that equitable
remedies are involved.
(f) There are no pending or, to the knowledge of the City, threatened
actions or proceedings before any court or administrative agency of the City, or
against any officer of the City, which question the validity of this Agreement or any
document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transaction
contemplated hereunder of the financial condition of the City.
(9) The City has a continuing obligation to pay and shall continue to
pay the debt service on the $11,500,000 Community Redevelopment Revenue Bonds
issued November 8, 1990 as provided and conditioned in Section 4.2(d)(1) hereof; and
the City shall continue to pay the debt service on the Section 108 loan in the total
amount of $5,100,000, secured by the United States Department of Housing and
Urban Development, which was obtained in 1990 and drawn upon in 1994 and 1995 to
assist in the retirement of the subject Community Redevelopment Revenue Bonds and
to acquire certain land within the Miami CRA area as provided and conditioned in
Section 4.2(d)(2) hereof.
(h) The City shall continue to fulfill its obligations to deliver and
provide municipal services in the Redevelopment Areas. Upon the occurrence of a
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conflict relative to the provision and delivery of services within the Redevelopment
Areas, the decision of the City Attorney shall control.
(i) The City encourages the Miami CRA and agrees to assist the
Miami CRA, to the extent determined by the City Manager, to apply for and seek
state, federal and corporate grants and support.
6) To the extent permitted by law and to the extent the same shall
not violate any rule or regulation of any applicable funding source, the Miami CRA
shall be able to seek funding from other resources other than the City to support the
Redevelopment Plans.
11.2 Representations and Warranties and Covenants of the CRA
The Miami CRA represents and warrants to the City that each of the following
statements is presently true and accurate:
(a) The Miami CRA is a body corporate and politic under the laws of
the State of Florida, separate and distinct from the City, has all requisite corporate
power and authority to carry on it business as now conducted and to perform its
obligations under this Agreement and each document contemplated hereunder to
which it is or will be a party,
(b) This Agreement has been duly authorized by all necessary action
on the part of, and has been or will be, duly executed and delivered by the Miami
CRA.
(c) This Agreement has been duly authorized by all necessary action
on the part of, and has been, or will be, duly executed and delivered by the Miami
C12A, and neither the execution and delivery hereof, nor compliance with the terms
and provisions hereof, (i) requires the approval and consent of any other party, except
such as have been duly obtained or as are specifically noted herein, (ii) contravenes
any existing law, judgment, governmental rule, regulation or order applicable to or
binding on any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the Miami CRA is a party, or (iii) contravenes or
results in any breach of, or default under any other agreement to which the Miami
CRA is a party, or results in the creation of any lien or encumbrance upon any
property of the Miami CRA.
(d) This Agreement, when entered, constitutes a legal, valid and
binding obligation of the Miami CRA, enforceable against the Miami CRA in
accordance with the terms hereof except as such enforceability may be limited by
public policy or applicable bankruptcy, insolvency or similar laws from time to time in
A � b
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MAR 10 2000 18:04 FR HOLLAND-KNIGHT TO 93053724646# P.14i22
effect which affect creditors` rights generally and subject to usual equitable principles
in the event that equitable remedies are involved.
(e) The Miami CRA shall timely NO, or cause to be fulfilled, all of
its obligations hereunder.
(0 During the term of this Agreement, the Miami CRA shall cause to
occur and to continue to be in effect those agreements, instruments, and documents
which are its responsibility under this Agreement.
(g) The Miami CRA shall provide to the City a copy of any
applications made to obtain grants of moneys from resources or entities, including the
Federal Government, other than the City.
(h) The Miami CRA agrees to apply for state, federal and corporate
grants and support.
XII - MISCELLANEOUS
12.1 Meeting Notices to City Manager
The Miami CRA shall provide the City Manager with notices of all of its regular
and special board meetings.
12.2 Entire Agreement
This Agreement, its attachments and any related agreements entered as
provided herein constitute the entire agreement of the parties hereto.
12.3 Modification or Amendment
This Agreement may be amended in writing by the mutual agreement of the
parties.
12.4 Severability
If any obligation of any party to this Agreement is found to be invalid or if any
one or more of the covenants, agreements or provisions of this Agreement should be
held contrary to any express provision of law, or against public policy, or shall, for any
reason whatsoever, be held invalid, then such covenants, agreements or provisions
shall be null and void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Agreement, which shall remain in full force and
effect.
O'N s)
SEOPWi k_1 0 `�o 9
14 5� — 6)
OAM11Vl��sl�El. �� r�d
MAR 10 2000 18:04 FR HOLLAND-KNIGHT TO 93053724646## P.15i22
12.5 Effective Date
This Agreement shall become effective on the date on which this Agreement is
(i) executed by the City and Miami CRA, (h) approved by the Emergency Financial
Oversight Board appointed by the State of Florida, and (iii) filed with the Clerk of the
Circuit Court of Miami Dade County, Florida, whichever is later; and shall expire
upon termination as provided in Article 10 hereof.
12.6 Assignment
This Agreement shall not be assigned by the Miami CRA, in whole or in part,
without the prior written consent of the City, which may be withheld or conditioned,
in the City's sole discretion.
12.7 No Member Liability.
No covenant, stipulation, obligation or agreement contained herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or future
member of the governing body or agent or employee of the City or the Miami CRA in
its, ba&Ur or their individual capacity, and neither the members of the governing
body of the City or the Miami CRA, nor any official executing this Agreement shall be
liable personally or shall be subject to any accountability for reason of the execution by
the City or the Miami CRA of this Agreement or any act pertaining thereto.
12.5 Notices
It is understood and agreed between the parties that written notice addressed
to the City Manager or to the Executive Director of the Miami CRA and mailed,
certified/return receipt, or band delivered to the address appearing on page one (1) of
this Agreement shall constitute sufficient notice to either party.
12.9 Controlling Law
This Agreement shall be govern by the laws of the State of Florida. Proper
venue for any proceedings pertaining to this Agreement shall be in Miami Dade
County, Florida.
SEOI'W I CM
MAR 10 2000 15:04 FR HOLLAND-KNIGHT
TO 93053724646#
i1
P.16i22
IN WITNESS WHEREOF, the parties hereto have entered into this Interloca.l
Cooperation Agreement as of the day and year first above written.
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Alejandro Vilarello
City Attorney
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William R. Bloom, Esq_
Holland & Knight LLP, Counsel
to SEOPW CRA
CITY OF MIAMI, FLORIDA
By:
Donald Warshaw, City Manager
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
By:
Richard H. Judy, Executive Director
sEopw/cRA C 0 - 29
16 UlvMICRA;, �� _ �� 2
r
MAR 10 2000 18:05 FR HOLLAND-KNIGHT
TO 93053724646#
r1
P.17/22
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William R. Bloom
Holland & Knight LLP, Counsel
to Omni CRA
OMNI AREA COMMUNITY
REDEVELOPMENT AGENCY
By:
Richard H. Judy, Executive Director
SEOPIWICU
17 WS1I171A
s
MAR 10 2000 18:05 FR HOLLAND—KNIGHT
TO 93053724646## P.18i22
n
Exhibit A
EXHIBIT "A"
Legal Description For
OMM Community Redevelopment Area
All that portion of the following listed record plats lying within the area bounded by
the Florida East Coast Railroad right-of-way on the West, the Northerly right-of-
way line of I-395 on the South, the Westerly shore of Biscayne Bay on the East and
the Southerly right-of-way of N.E. 20 Street on the North:
Plat Name
The Causeway Fill
Furst Addition to Serena Park
Resubdivision of Pershing Court and Walden Court
Serena Park
Pershing Court
Walden Court
Walden Court First Addition
Riekmers Addition Amended
Windsor Park Third Amended
Windsor Park Second Amended
The Villa La Plaisance
Boulevard Tract
Belcher Oil Company Property
The Garden of Eden
Nelson Villa and Garden of Eden Resubdivision
Nelson Villa and Garden of Eden Amended
Amended Map of Nelson Villa Subdivision
Biscayne Park Addition Amended
Rice and Sullivan Subdivision
Amended Plat of Miramar Plaza
Miramar Third Amended
Biscayne Park Addition
Replat of a Portion of Nelson Villa Amended
ASC Tract
Margaret Pace Park
Coral Park
Resubdivision of Coral Park
Grand Union Replat
Mary Brickell Subdivision
Windsor Park
Plat Book Page
Ck
SEOPW/CRA_ �I --
5
120
80
8
4
148
76
86
4
147
4 148
6
23
4
149
4
145
4
123
4
114
100
65
34
29
4
12
9
174
30
20
4
81
4
22
4
64
33
18
5
4
2
24
56
69
89
21
(Unplatted)
2
66
4
1.06
76
78
8
9
3
147
6) r#
A-1y_
ONM!
6)
a
MAR 10 2000 18:05 FR HOLLAND—KNIGHT TO 93053724646# P.19i22
Exhibit A►
Plat Name
Plat Book
Page
Rickmers Addition Amended
3
2
Alice Baldwin Addition
1
119
Alice Baldwin Jenny M. & Charles E. Oxar
Subdivision Amended
8
87
Ward & Havling's Resubdivision
4
185
Charles E. Oxar Block 24 Amended
3
101
Charles E. Oxar Block 15 Corrected
3
58
Alice Baldwin Block 1 Corrected
6
43
Lindsey Hopkins Education Center
84
48
Heyn Prop. Inc. Resubdivision
6
93
North Miami
A
49 %Z
Lindsey Hopkins Educational Center North
Parking Lot
93
90
T.W. Palmers Resubdivision
4
60
W.T. Heslington Subdivision
8
97
City of Miami Cemetery
2
16
San Jose
3
158
Niles Court Resubdivision
32
36
Fire Station Site 1972
93
42
Seitter Addition Amended
2
60
Style Accessories Subdivision
62
8
Replat of Lot 2, North Miami
57
69
Omni International
102
3
Plaza Venetia
107
91
Herald Park
121
4
Bay Serena
7
135
Replat of Johnson and Waddell
50
15
Johnson and Waddell
8
53
Jefferson Addition
108
55
Biscayne Federal Plaza First Addition
116
7
Amended plat of Les Violins
109
16
Biscayne Federal Plaza Amended
109
77
Replat Biscayne Federal Plaza
103
60
And all that portion of any unsubdivided lands lying in Section 36, Township 53
South, Range 41 East and Section 31, Township 53 South, Range 42 East, lying
within the area defined above, and all that portion of any street, avenue, terrace,
lane, way, drive, court, place, boulevard or alley lying within the area defined above
and any other subdivisions, not listed above, lying within the above defined area.
3EOPW I C ,,
A-2 , ()
;,
C31 'C� (; " ` '
MAR 10 2000 18:05 FR HOLLAND-KNIGHT TO 93053724646# P.20i22
Exhibit A
Legal Description for
Southeast Overtown/Park West
Community Redevelopment Area
.Area bounded generally by Biscayne Boulevard on the East, I-95 on the West, I-395
on the North, and North 5tb Street on the South
SEOPWICLk-k
A-3 ' �'
MAR 10 2000 18:05 FR HOLLAND-KNIGHT
r,
TO 93053724646##
/ l
P.21122
Exhibit'B"
Employee
1- Hilda Tejeta
2- Hammond Noriega
Position
Administrator
Community Coordinator
S WW/CRAt,
MAR 10 2000 18:05 FR HOLLAND-KNIGHT TO 93053724646# P.22i22
Exhibit "C"
OMB Circular A-102 ("Grants and Cooperative Agreements
With State and Local Governments, as amended August 29,1997)
AHAI #866992 vG
(Copy Attached)
f 61
SwPw/C"w0— '�d
OMMICRA,
** TOTAL PAGE.22 **