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Home My WebLink AboutSEOPW-CRA-R-01-0129} RESOLUTION NO. SEOPW/CRA R-01-129 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA, WITH THE ASSISTANCE OF HOLLAND & KNIGHT LLP ("H&K"), AS SPECIAL COUNSEL TO THE CRA IN CONNECTION WITH MATTERS RELATED TO CAMILLUS HOUSE, TO RE- NEGOTIATE AND UPDATE . THE EXISTING AGREEMENT WITH CHARITY UNLIMITED OF FLORIDA, INC. ("CHARITY UNLIMITED"). WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82-755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to re -negotiate and update the existing agreement with Charity Unlimited. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA is hereby authorized to, with the assistance of H&K, as special counsel to the CRA in connection with matters related to Camillus House, re -negotiate and update the existing agreement with Charity Unlimited. Section 3. The resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 15th day of November, 2001. ATTEST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: ��'� A Holland & Knight LLP CRA Legal Counsel MIAI #1141114 vl Arthur E. Teele, Jr., Chairman of f CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM T,) Chairman Arthur Teele. Jr. and DATE November 15, 2001 FILE Members of the CRA Board SUBJECT Updating of Agreement between the CRA and the Camillus House with the assistance of the City Attorney and Special Counsel. ` '�� REFERENCES " Annette E. Lewis REFERE Acting Executive Director _„CLOSU9cS RECOMMENDATION It is recommended that the CRA Board pass the attached resolution to update the existing agreement to afford the finalization of the impending transaction. BACKGROUND: In keeping with elements of the redevelopment plan to eliminate slum and blight within the established boundaries of the Southeast Overtown Park West Community Redevelopment Agency the CRA Board passed the following Resolutions: Resolution 00-56 — passed and adopted June 26"", 2000 ❑ Approves the letter of intent between the CRA and the Camillus House • Authorizing the CRA to enter into a contract to purchase the property known as the Camillus House at a purchase price equal to the appraised value not to exceed $2.4M ($I.OM from TIF and $1.4M from CDBG funding) ❑ Authorizing the CRA to perform due diligence investications — cost not to exceed $20,000 o Survey o Appraisal o Environmental and other tests and studies deemed necessary by the Director of Strategic Planning Resolution 01-101 — passed and adopted July 30t", 2001 ❑ Authorizes the Executive Director to utilize $50,000 from the CRA General Funds rather than CDBG funds ❑ Contract for an appraisal in an amount to exceed $10,000 to determine the current value of Camillus House property ❑ Contract for an environmental study in an amount not to exceed Request the City Attorney to designate a special counsel to deal with issues related to the Camillus House SEOPWICR A 4 .1 - 1"a j Page 2 Cover Memo Camillus House ❑ Camillus House to ratify the existing agreement so that it can be executed by the CRA Board within 120 days thereafter Sp OPNV CRA CV BY: C I TY OF M I AM 1 : 1 1- 9- 1 : f3 : 4CAM 3053724646-. COMM. A. TEELE : # 2 Annette Lewis Page 1 of 3 Lewis, Annette From: David Cardwell [dcardwell@cfl.rr.cornl Sent: Thursday, November 08, 2001 4:40 PM To: Teele, Arthur Cc: Lewis, Annette Subject: Legal Opinion Here is the legal opinion you requested. I am also !'axing it and mailing it to you. David Cardwell November 8, 2001 Arthur Teele Chair Miami Community Redevelopment Agency 300 Biscayne Boulevard Way Suite 430 Miami, FL 33131 Re: Legal Opinion; Camillus I•Iouse Dear Chair Teele.- This is in response to your request for a legal opinion addressing the question whether the Miami Colrsnurtity Redevelopment Agency (the "CRA,,) may expend funds from the CRA's community- redevelopment trust fund to acquire land outside of the community redevelopment area for the CRA for purpose OF relocating blighting influences from within the area. Based on the discussion set forth below, it is illy opinion that the CRA may use funds in the redevelopment trust fund to acquire Property outside of the redevelopment area for purposes of relocation of blighting influences within the area if the community redevelopment plan for the area addresses the use of such funds for the purpose of acquiring property. This conclusion assumes the City of Miami and the CRA have been delegated by Miami - Dade County the power to make such an acquisition and expend tax increment fluids in this matter. Facts The Southeast Overtown Park West redevelopment area. CSFOPW Area") is one community redevelopment area within the area of operation for the CRA to carry out redevelopment within the City of Miami. The plan for the SEOPW Area was approved by the City Commission of the City of Miami, Florida, by its adoption of Resolution No_ 82-7,55 and Re-Soltttion No. 85-1247, 'The CRA desires to use funds from the community redevelopment trust fiord to fund the relocation of Camillus House from within the CRA's area of operation to outside the community SEOPw / CRA 11 /8/2001 2 9 RCS ' BY :CITY OF <<I I AH I : 1 1 - 9- 1 f3 46AV1 30524646� CONI'Ni A. TEELE : # 3 : � Annette Lewis page 2 of 3 redevelopment area. The CRA has determined that the Camillus House is a significant blighting influence on the area and that the successful redevelopment of the Area will require the removal ofthe Camillus House from the Area. The City of Miami is located within a charter county, Miami -Dade (the "County"), and therefore must have a delegation of redevelopment powers from the County['). The County has given such a delegation of pourers to the City, which has then created the CRA pursuant to those powers. For purposes of this opinion, the delegation of redevelopment powers by the County to the City and then to the CRA are assumed to have been completely and legally accomplished and that the CRA does, for purposes of such charter county delegation, have the power to carry out the redevelopment plan for the Area. Analysis A community redevelopment agency such as the CRA may acquire property within the community redevelopment area for the purpose of eradicating slurp or blighted conditions and furthering the goals and objectives of the agency's community redevelopment plan.(') An agency may also relocate persons or business from within a community redevelopment area to outside the area if necessary to implement the redevelopment plan and eradicate blight conditions or prevent the spread of blight conditions.l31 The applicable statutory- provision addressing relocation reads as follows: (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and- others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made....(e.s.). If'the person is being "displaced from [the] community redevelopment area," then the relocation payments obviously are being made for the acquisition of property or costs uicurred outside of the coir•mnity redevelopment area. A community redevelopment agency has funds' available to it that arc deposited in the corm- unity redevelopment trust fund as provided by the Community Redevelopment Act.f 1 Such funds may be "used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the community redevelopment plan_I'M "ConunuIlity redevelopment" is defined as follows: "Community redevelopment" - , - means undertakings, activities, or proiects of a . . . community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the SEOPW/CRA 11 i 8,'2001 `� RCV ,,BY :CITY OF M 1 AAt 1 : 1 1- 9- 1 : 8 : 46ANI 3053""14 646 CONIM. A. TEELE : # 4 ' "ette Lewis Page 3 of 3 reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan.161 The relocation of persons or businesses from within the community redevelopment area to outside the :area -to eradicate blight or to siop the spread of blight constitutes "community redevelopment" and can be paid with funds in the community redevelopment trusc fund provided the agency's community redevelopment plan provides for such actions either generally or spceifically.[73 Plcase contact me. at your convenience if you have any questions or need additional information concerning the opinion set forth herein. Very truly yours, THE CA.R,DWELL LAW FIRM r David avid E. DECidc cc. Annette E. Lewis U Section 163,410, Florida Statutes. !zl Section 163.370(1)(b), Florida Statutes '13 Section 163.370(1)(k), Florida Statutes l31 section 163.387, Florida Statutes I'll Section 163.387(1), Florida Statutes ibl Section 163340(9), Florida Statutes M See AGO 81-02 (Jativary 20, 1981), which concluded a city could acquire houses outside of the community redevelopment area surd move them into the area, SEOPwtCF-A 1 1 /8!ZUU 1