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HomeMy WebLinkAboutCRA-R-22-0035 Backupr TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan County Attorney Agenda Item No. I I(A)(4) DATE: July 7, 2022 SUBJECT Resolution No. R-654-22 Resolution accepting assessment of need study; malting findings and approving, after a public hearing, the Southeast Overtown Park West Redevelopment Area's Amended Community Redevelopment Plan related to the geographic area known as the Southeast Overtown Park West, which is described as a portion of Miami - Dade County, Florida, generally bounded by NW 22nd Street to the north, NW 7th Avenue to the west, NW 1st Place to the east and NW 1st Street to the south; approving of and authorizing the County Mayor to execute an amendment to the 1983 Interlocal Cooperation Agreement between Miami -Dade County ("County"), the City of Miami ("City"), and the Southeast Overtown Park West Community Redevelopment Agency ("Agency"), subject to conditions precedent and approval by the City and the Agency; waiving Resolution Nos. R-1382-09, R-871-11, R-599- 15, and R-499-16, which require participation of County Commissioners, County representatives, and/or private citizens on community redevelopment agencies' boards of commissioners; extending the life of the Agency and the Southeast Overtown Park West Community Redevelopment Area until March 31, 2042 in accordance with section 163.3755, Florida Statutes; directing the County Mayor to identify legally available fiords from within the Fiscal Year 2021-2022 County Budget to fund the waiver of the L5 percent administrative fee charged to the Agency for the remaining life of the Agency and to include the waiver of the 1.5 percent administrative fee in the County Mayor's proposed Budget for Fiscal Year 2022-2023; and requiring a report The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Keon Hardemon. Geri Bonron-Keenan County Attorney GBK/jp N ono MEMORANDUM (Revised) TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: Xjo on-I&eenan County Attorney Please, note any items checked. DATE: July 7, 2022 SUBJECT: Agenda Item No, I I (A)(4) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-11.6.1(4)(c)(2) ___) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 2 Approved Mayor Veto Override RESOLUTION NO, Agenda Item No. 11(A)(4) 7-7-22 R-654-22 RESOLUTION ACCEPTING ASSESSMENT OF NEED STUDY; MAKING FINDINGS AND APPROVING, AFTER A PUBLIC HEARING, THE SOUTHEAST OVERTOWN PARK WEST REDEVELOPMENT AREA'S AMENDED COMMUNITY REDEVELOPMENT PLAN RELATED TO THE GEOGRAPHIC AREA KNOWN AS TIIE SOUTHEAST OVERTOWN PARK WEST, WHICH IS DESCRIBED AS A PORTION OF MIAMI- DADE COUNTY, FLORIDA, GENERALLY BOUNDED BY NW 22ND STREET TO THE NORTH, NW 7TH AVENUE TO THE WEST, NW 1 ST PLACE TO THE EAST AND NW 1 ST STREET TO TIIE SOUTH; APPROVING OF AND AUTHORIZING TIIE COUNTY MAYOR OR MAYOR'S DESIGNEE TO EXECUTE AN AMENDMENT TO TILE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND TIIE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("AGENCY"), SUBJECT TO CONDITIONS PRECEDENT AND APPROVAL BY TIIE CITY AND THE AGENCY; WAIVING RESOLUTION NOS. R-1382- 09, R-871-11, R-599-15, AND R-499-16, WHICII REQUIRE PARTICIPATION OF COUNTY COMMISSIONERS, COUNTY REPRESENTATIVES, AND/OR PRIVATE CITIZENS ON COMMUNITY REDEVELOPMENT AGENCIES' BOARDS OF COMMISSIONERS; EXTENDING THE LIFE OF THE AGENCY AND THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AREA UNTIL MARCH 31, 2042 IN ACCORDANCE WITH SECTION 163.3755, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS FROM WITHIN TIIE FISCAL YEAR 2021-2022 COUNTY BUDGET TO FUND THE WAIVER OF TIIE 1.5 PERCENT ADMINISTRATIVE FEE CHARGED TO TIIE AGENCY FOR THE REMAINING LIFE OF THE AGENCY AND TO INCLUDE TIIE WAIVER OF THE 1.5 PERCENT ADMINISTRATIVE FEE IN TIIE COUNTY MAYOR'S PROPOSED BUDGET FOR FISCAL YEAR 2022-2023; AND REQUIRING A REPORT Q Agenda Item No. I I (A)(4) Page No. 2 WHEREAS, during the 1969 legislative session, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in part III of chapter 163, Florida Statutes, as amended from time to time (the "Act"); and WHEREAS, the Act empowers local governments with the authority to designate areas as Community Redevelopment Areas when certain conditions exist; and WHEREAS, the Act also provides that in any county which has adopted a home rule charter, the powers conferred by the Act shall be exercised exclusively by the governing body of such county; and WHEREAS, however, the governing body of any such county which has adopted a home rule charter may, in its discretion and by resolution, delegate the exercise of those powers within the boundaries of a municipality to the governing body of such municipality; and WHEREAS, on July 29, 1982, the City of Miami (the "City") adopted Resolution No. 82- 755, which created the Southeast Overtown Park West Community Redevelopment Agency (the "Agency"); and WHEREAS, on December 7, 1982, this Board adopted Resolution No. R-1677-82, which approved the Southeast Overtown/Park West Community Redevelopment Agency Redevelopment Plan (the "original plan"); and WHEREAS, on December 7, 1982, this Board also adopted and enacted Ordinance No. 82-115, as codified in section 29-6 of the Code of Miami -Dade County, Florida, which created a trust fund for the purpose of funding the activities described in the original plan; and 51 Agenda Item No. I I (A)(4) Page No. 3 WHEREAS, on April 19, 1983, this Board adopted Resolution No. R-467-83, which approved an Interlocal Cooperation Agreement between the City and the County (the "1983 Interlocal agreement"), which, among other things, delineated those areas of responsibility for the redevelopment of the redevelopment area ("original redevelopment area"); and WHEREAS, pursuant to the original plan and the 1983 Interlocal agreement, the City was authorized to undertake redevelopment activities within the designated original redevelopment area; and WHEREAS, the City was also responsible for implementing activities and projects designed to revitalize and redevelop the original redevelopment area in accordance with the original plan; and WHEREAS, on December 31, 2007, this Board adopted Resolution No. R-1372-07, which approved an interlocal cooperation agreement between the County, the City, the Omni Community Redevelopment Agency ("Omni CRA"), and the Agency, which, among other things, amended the 1983 Interlocal Agreement (the "2007 interlocal agreement"); and WHEREAS, the City and the Agency agreed to generate a finding of necessity study to substantiate the expansion of boundaries of the original redevelopment area and an amendment to the redevelopment plan ("amended plan") to expand the original redevelopment area's boundaries and extend the life of the Agency and redevelopment area until March 31, 2030; and WHEREAS, pursuant to the 2007 interlocal agreement and applicable laws, the finding of necessity study and the amended plan were subject to approval by this Board; and 5 Agenda Item No. 11(A)(4) Page No. 4 WHEREAS, on July 23, 2009, this Board, after making certain findings, adopted Resolution No. R-1039-09, which approved the amended plan that expanded the boundaries of the original redevelopment area, subject to the execution of a second amendment to the 1983 interlocal agreement; and WHEREAS, this Board, in accordance with Resolution No. R-1039-09, also approved the extension of the life of the Agency until March 31, 2030; and WHEREAS, on June 16, 2012, this Board adopted Resolution No. R-516-12, which approved the issuance of up to $50,000,000,00 in debt for needed capital projects in the amended plan; and WHEREAS, on June 18, 2013, this Board adopted Resolution No. R-480-13, which approved an amendment to the Resolution No. R-516-16 to increase the Agency's debt to a principal amount not to exceed $60,000,000.00 from the previously approved principal amount of $50,000,000.00; and WHEREAS, on June 26, 2018, the Agency adopted CRA Resolution No. CRA-R-18- 0030, a copy of which is attached hereto as Attachment "A" and incorporated herein by reference, that accepted and adopted an assessment of need study in accordance with this Board's Resolution Nos. R-611-15 and R-499-16, which require community redevelopment agencies that seek to extend the agencies and the redevelopment area's lives to prepare and submit an assessment of need study to the County prior to this Board granting an extension; and Al Agenda Item No. 11(A)(4) Page No. 5 WHEREAS, on September 24, 2018, the Agency adopted CRA Resolution No. CRA-R- 18-0040, a copy of which is attached hereto as Attachment "B" and incorporated herein by reference, that accepted an amendment to the plan (the "2018 amended plan"), and directed its Agency's Executive Director to submit such plan to the City of Miami Commission ("City Commission") and this Board for approval; and WHEREAS, on March 7, 2019, the Agency also adopted CRA Resolution No. CRA-R- 19-0005, a copy of which is attached hereto as Attachment "C" and incorporated herein by reference, that accepted and adopted an amendment to the 1983 interlocal agreement and to one provision of the 2007 interlocal agreement (the "2018 amended interlocal"), and further directed the Agency's Executive Director to submit the 2018 amended interlocal to the City Commission and this Board for their approval; and WHEREAS, on May 9, 2019, the City Commission adopted Resolution No. R-19-0175, a copy of which is attached hereto as Attachment "D" and incorporated herein by reference, which made certain findings regarding the assessment of need study, and directed the Agency's Executive Director to transmit the study to this Board; and WHEREAS, on May 9, 2019, the City Commission adopted Resolution No. R-19-0176, a copy of which is attached hereto as Attachment "E" and incorporated herein by reference, which approved and accepted the 2018 amended plan, and directed the Agency's Executive Director to submit the 2018 amended plan to this Board for its review, consideration, approval, and acceptance; and 7 Agenda Item No. 11(A)(4) Page No. 6 WHEREAS, on May 13, 2019, the City Commission adopted Resolution No. R-19-0233, a copy of which is attached hereto as Attachment "F" and incorporated herein by reference, that approved and authorized the City Manager to execute the 2018 amended interlocal, and directed the Agency's Executive Director to transmit same to this Board for its review, consideration, approval, and acceptance; and WHEREAS, the 2018 amended interlocal approved by the City Commission differs from the version approved by the Agency in that it does not include the provisions that release the County from any obligation under the 2007 interlocal agreement to make a $20 million contribution to the City to be applied toward the funding of a streetcar project, nor does it include the provision required by this Board that a County Commissioner, a County representative and/or two private citizens can serve as members of the board of commissioners of the Agency; and WHEREAS, the 2018 amended interlocal includes, among others, a list of certain priority projects to be funded by the Agency, including the Overtown Entertainment District, Miami World Center Project, the Marriott Marquis Conference Center and Hotel, South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project, the World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House, the redevelopment and modernization of the County's public housing developments, Rainbow Village and Culmer Gardens, and other affordable and workforce housing projects; and WHEREAS, the 2018 amended interlocal also includes other provisions, including: (1) the remaining provisions required by this Board's Resolution No. R-499-16; and (2) the waiver of the County -required 1.5 percent administrative fee that is charged to the Agency for the remaining life of the Agency, which, for fiscal year 2021-22, amounts to $199,415.00; (3) an agreement by the County that it will utilize the amount paid to the County by the Agency to provide financial %01 Agenda Item No. 11(A)(4) Page No. 7 support for the redevelopment and modernization of the County -owned public housing projects located within the redevelopment area; and (4) an agreement by the City that it will utilize the amount paid to the City to support projects within the Overtown portion of the redevelopment area during the life of the Agency; and WHEREAS, the 2018 amended interlocal that was approved by the Agency and the City also includes a provision that seeks to amend the 2007 interlocal agreement; and WHEREAS, more specifically, the Agency and the City propose to: (1) replace an existing exhibit in the 2007 interlocal agreement that includes a list of proposed projects; (2) require the County to agree that it will utilize the amount paid to the County by the Agency to provide financial support for the redevelopment and modernization of the County -owned public housing projects located within the redevelopment area; (3) require the City to utilize the amount paid to the City to support projects within the Overtown portion of the redevelopment area during the life of the Agency ("proposed amendment"); and WHEREAS, the proposed amendment would require the approval of the Omni CRA, which is not a party to the 1983 interlocal agreement between the County, the City, and the Agency; and WHEREAS, this Board believes that it is in the best interest of the County to only approve the 2018 amended interlocal without the proposed amendment because the Omni CRA is not a party to the 1983 interlocal agreement; and WHEREAS, the 2018 amended plan sets forth certain goals that include: (1) the preservation of historic buildings and cultural heritage by incorporating the cultural arts as a critical component of economic development through public/private partnerships; (2) the expansion of the tax base using public/private principles by following the current land use policies WE Agenda Item No. 11(A)(4) Page No. 8 for sound real estate acquisitions, assemblage, development, and creating viable commercial corridors within the redevelopment area through public/private partnerships; (3) the provision and retention of housing affordability by working with the City, the County and the private sector to encourage and create a sound balance of very low-income housing, affordable, workforce and mixed -income housing within the redevelopment area; (4) the creation of jobs within the community by targeting commercial and cultural ventures that will provide life sustainable jobs to residents in the Overtown community; (5) the promotion and marketing of the community as a cultural and entertainment destination; (6) the improvement of the quality of life for residents by creating housing, recreation and work environments where healthy outcomes are the result of a planned and sustainable effort designed to improve the quality of life for Overtown residents in the redevelopment area; (7) the promotion of entrepreneurship and technology innovations by working with the private sector to encourage the creation of opportunities through new technology for service delivery, and public and private partnerships that will assist in helping small businesses build capacity; (8) the assurance of connecting transit to the employment centers of. the County and ensuring parking is efficient; and (9) the commitment to foster safe community initiatives to provide for public safety through community policing innovations; and WHEREAS, the 2018 amended plan and the 2018 amended interlocal also propose to extend the life of the Agency and the redevelopment area from March 31, 2030 until March 3.1, 2042; and WHEREAS, this Board has, at this meeting, conducted a public hearing with respect to the findings, conclusions and other matters set forth in this resolution; and WHEREAS, this Board is sympathetic to the needs of the redevelopment area to reverse the slum or blight that has occurred in such area; and Agenda Item No. 11(A)(4) Page No. 9 WHEREAS, in 2019, the Florida Legislature amended the Act as codified in section 163.3755 of the Act, to require that a community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier, unless the governing body of the County that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body; and WHEREAS, this Board finds that it is the best interest of the County and the residents of Miami -Dade County to: (1) accept the assessment of need study and the findings therein, (2) approve the 2018 amended plan, (3) approve the terms of the 2018 amended interlocal, and (4) in accordance with section 163.3755(1) of the Act, extend the life of the Agency and the redevelopment area until March 31, 2042; and WHEREAS, this Board finds that it is also in the best interests of the County and the residents of Miami -Dade County to waive Resolution Nos, R-1382-09, R-871-11, R-599-15, and R-499-16, which require the participation of County Commissioners, County representatives, and/or private citizens on community redevelopment agencies' boards of commissioners as permitted by section 163.357 of the Act, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. The foregoing recitals are incorporated in this resolution and are approved. Section 2. This Board accepts the Assessment of Need Study, attached hereto as Attachment "G," and incorporated herein by reference. 11 Agenda Item No. I I (A)(4) Page No. 10 Section 3. In accordance with section 163.360, Florida Statutes, this Board accepts the delivery of the 2018 Southeast Overtown Park West Community Redevelopment Plan ("2018 amended plan"), in substantially the form attached hereto as Attachment "H" and incorporated herein by reference. This Board further finds that: (a) The rehabilitation, conservation or redevelopment or a combination of each, of the Southeast Overtown Park West Community Redevelopment Area, which is generally bounded by NW 22nd Street to the north, NW 7th avenue to the west, NW 1st Place to the east and NW I" Street to the south (the "redevelopment area") is necessary in the interest of the public health, safety, morals and welfare of the residents of Miami -Dade County and in the interest of implementing the Community Redevelopment Act of 1969, which is presently codified in part III of chapter 163, Florida Statutes, as amended from time to time (the "Act") by rehabilitating and revitalizing the area economically and socially, thereby inhibiting the spread of disease and crime, and inter alia improving the tax base, promoting sound growth, and providing improved housing conditions. (b) A feasible method exists for the location of families who will be displaced from the redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. (c) The 2018 amended plan conforms to the general plan of the County and the City of Miami ("City") as a whole. (d) The 2018 amended plan gives due consideration to the utilization of community policing innovations, and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the 2018 amended plan. (e) The 2018 amended plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or redevelopment of the redevelopment area by private enterprise. (0 If the redevelopment area consists of an area of open land to be acquired by the County or the City to be developed in whole or in part for residential uses such as may be acquired because it is hereby determined that: (i) a shortage of housing of sound standards and design which is decent, safe, affordable to residents of low or moderate income, including the elderly, and sanitary exists in the County; (ii) the need for housing 12 Agenda Item No. 11(A)(4) Page No. 11 accommodations has increased in the area; (iii) the conditions of blight in the area or the shortage of decent, safe, affordable and sanitary housing cause or contribute to an increase in the spread of disease and crime or constitute a menace to the public health, safety, morals or welfare; and (iv) the acquisition of the area for residential uses is an integral part of and is essential to the program of the County. (g) If the redevelopment area consists of an area of open land to be acquired by the County or the City so as to be developed in whole or in part for non-residential uses such may be acquired because it is hereby determined that: (i) such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; (ii) acquisition may require the exercise of governmental action as provided in the Act because of defective, or unusual conditions of, title or diversity of ownership which prevents the free alienability of such land; tax delinquency; improper subdivisions; outmoded street patterns; deterioration of site; economic disuse; unsuitable topography or faulty lot layouts; lack of correlation of the area with other areas of the County by streets and modem traffic requirements; or any combination of such factors or other conditions which retard redevelopment of the area; and (iii) conditions of blight in the area contribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals or welfare. Section 4. This Board further finds and determines that the 2018 amended plan: (1) is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the redevelopment area, zoning and planning changes, if any, land uses, maximum densities and building requirements; (2) conforms with the Act; and (3) is necessary in the interest of the public health, safety, morals and welfare of the residents of the County and will effectuate the purposes of the Act by revitalizing the redevelopment area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions and eliminating the conditions which the Florida Legislature in the Act found constituted a menace injurious to the public health, safety, welfare and morals of the residents. 1191 Agenda Item No. I I(A)(4) Page No. 12 Section 5. This Board, after a public hearing and having made the findings expressed above, approves and adopts the 2018 amended plan for the redevelopment area in accordance with the Act. The 2018 amended plan is designated as the official redevelopment plan for the redevelopment area and it is the purpose and intent of this Board that the 2018 amended plan, as the same may be amended and supplemented by this Board, be implemented in the redevelopment area. Section 6. In accordance with section 163.3755 of the Act, this Board hereby approves an extension of the life of the Southeast Overtown Park West Community Redevelopment Agency (the "Agency") and the redevelopment area until March 31, 2042. Section 7. Subject to the identification of sufficient fiends in the fiscal year 2021-2022 County Budget as required by section 9 below and any additional approvals required by the City of Miami's City Commission and the Agency's board of commissioners, this Board further approves the terms of and authorizes the County Mayor or County Mayor's designee to execute the amendment to the 1983 Interlocal Cooperation Agreement between the County, the City, and Agency, in substantially the form attached hereto as Attachment "I" and incorporated herein by reference, subject to the review for legal form and sufficiency of the County Attorney. This Board further authorizes the County Mayor or County Mayor's designee to exercise certain provisions contained therein, including technical, non -substantive amendments consistent with this resolution, and termination provisions. Section 8. This Board further waives the requirements of Resolution Nos. R-1382-09, R-871-11, R-599-15, and R-499-16, which pertain to the participation of County Commissioners, County representatives, and private citizens on community redevelopment agencies' boards of commissioners as permitted by section 163.357 of the Act. 14 Agenda Item No. 11(A)(4) Page No. 13 Section 9. This Board directs the County Mayor or County Mayor's designee to: (1) identify legally available fiends in the fiscal year 2021-2022 County Budget in the amount of $199,415.00 to fund the waiver of the 1.5 percent administrative fee that is currently charged to the Agency for the life of such Agency and, if such funds cannot be identified and allocated for this purpose, to include same in the report required by section 10 below; and (2) include the waiver of the 1.5 percent administrative fee in the County Mayor's Proposed Budget for fiscal year 2022- 2023. Section 10. This Board directs the County Mayor or County Mayor's designee to: (1) prepare a written report relating to the matters set forth in section 9 of this resolution, including whether sufficient fiends have been identified and allocated from within the fiscal year 2021-2022 County Budget to fund the waiver of the 1.5 percent administrative fee; and (2) to present the report to this Board for its consideration no later than 30 days from the effective date of this resolution, and to place the report directly on an agenda of this Board without committee review pursuant to Ordinance No. 14-65. The Prime Sponsor of the foregoing resolution is Commissioner Keon Hardemon. It was offered by Commissioner Keon Hardemon , who moved its adoption. The motion was seconded by Commissioner Oliver G. Gilbert, III and upon being put to a vote, the vote was as follows: Jose "Pepe" Diaz, Chairman aye Oliver G. Gilbert, III, Vice -Chairman aye Sen. Rene Garcia nay Keon Hardemon aye Sally A. Heyman nay Danielle Cohen Higgins aye Eileen Higgins absent Joe A. Martinez nay Kionne L. McGhee aye Jean Monestime absent Raquel A. Regalado aye Rebeca Sosa aye Sen. Javier D. Souto nay 15 Agenda Item No. I I (A)(4) Page No. 14 The Chairperson thereupon declared this resolution duly passed and adopted this 71h day of July, 2022. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. 0a Mrs '*' pA � • b �rI O ,a GOUNTY^ 0 J � Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Basia Pruua By: Deputy Clerk 16 Attachment "A" �Q •;Overtown/Park Community Redevelopment Agency Legislation CRA Resolution: Ri 0 File Number: 4374 Final Action Date:6/26/2018 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), ACCEPTING THE ASSESSMENT OF NEED STUDY ATTACHED; AND MAKING FINDINGS THAT THERE EXIST ONE OR MORE SLUM OR BLIGHTED AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, THAT THERE IS A NEED FOR REHABILITATION AND DEVELOPMENT OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, AND IT IS IN THE BEST INTEREST AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY THAT THE LIFE OF THE CRA BE EXTENDED; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE ASSESSMENT OF NEED/FINDING OF NECESSITY REPORT TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, pursuant to Section 163.356, Florida Statutes, City of Miami ("City") and the County sought to create the CRA. WHEREAS, on July 29, 1982, Miami City Commission, by Resolution No. 82-755, approved the CRA's Redevelopment Plan. WHEREAS, on December 7, 1982, the board of County Commissioners, by Resolution No. R-1677-82, issued its approval of the CRA's Redevelopment Plan. WHEREAS, on December 31, 2007, the City, the County and SEOPW CRA entered into an Interlocal Agreement, to provide for among other things, the expansion of the CRA's Redevelopment Area the and the extension of its life to 2030. WHEREAS, Chapter 163.355, Florida Statutes requires finding of necessity by a county or municipality, supported by data and analysis, which makes a legislative finding that conditions in the area meet the criteria of a shun area or a blighted area as defined by s. 163.340(7) or (8); and; WHEREAS, pursuant to Florida Statute 163.355(1) ,One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and City of Miami Page 1 of 3 File ID: 4374 (Revision:) Printed On: 1111312018 17 File ID: 4374 Enactment Number: CRA-R-18-0030 WHEREAS, pursuant to Florida Statute 163.355(2), the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. WHEREAS, Miami -Dade County Board of Commissioners through Resolution No. R- 611-15, established guidelines the data and analysis required for the CRA requesting an extension of its life and that of the Area to provide an Assessment. WHEREAS, E.L. Waters and Company, .LLC and SEOPW CRA have prepared an Assessment of Need/Finding of Necessity in accordance with Chapter 163.355, Florida Statutes and Miami -Dade County Resolution No. R-611-15 ("2017 Assessment"); and WHEREAS, the Assessment of Need supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant and abandoned buildings. WHEREAS, the Board of Commissioners wish to accept the 2018 Assessment of Need Study and direct the Executive Director to transmit a copy of the same to the City of Miami and Miami -Dade County to make a legislative finding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners accepts the Assessment of Need/Finding of Necessity. Section 3. The Board of Commissioners finds that the Redevelopment Area constitutes a slum or blighted area, as defined in Section 163.340, Florida Statutes. Section 4. The Board of Commissioners finds one or more slum or blighted area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exists. Section 5. The Board of Commissioners finds that the rehabilitation and development of housing affordable to residents of low or moderate income, including the elderly is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City of Miami and Miami -Dade County. City of Miami PagR 6of 3 File ID: 4374 (Revision:) Printed on: 1111312018 File ID: 4374 Enactment Number: CRA-R-18-0030 Section 6. The Board of Commissioners finds that the Assessment of Need supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant and abandoned buildings Section 7. The Board of Commissioners finds that is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City of Miami and Miami - Dade County to extend the life of the CRA. Section 8. The Executive Director is directed to transmit a copy of said the Assessment of Need/Finding of Necessity to the City of Miami and Miami -Dade County to make a legislative finding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes. Section 9. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ti GFFA `s hiver, Ex" cutive Director 6/19/2018 City of Miami Pagj 6of 3 File ID 4374 (Revision:) Printed on: 1111312018 Attachment "B" Southeast Overtown/Park West Community Redevelopment Agency "T Legislation CRA Resolution: CRA-R-18-0040 File Number: 4848 Final Action Date:9/24/2018 A RESOLUTION THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, WITH ATTACHMENT(S), ACCEPTING THE ATTACHED AMENDED 2018 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED 2018 PLAN"), PREPARED BY E.L. WATERS AND COMPANY, LLC.; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE AMENDED 2018 PLAN AND THE CRA'S RECOMMENDATION FOR APPROVAL TO THE BOARD OF COMMISSIONERS FOR REVIEW AND CONSIDERATION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and WHEREAS, Florida Statutes 163.361(1) governs modifications to community redevelopment plans, "If any time after the approval of a Community Redevelopment Plan... it becomes necessary to amend such plan, the governing body may amend such plan upon the recommendation of the agency". WHEREAS, on February 27, 2017, the Board of Commissioners, pursuant to Resolution No. CRA-R-17-0011 authorized the Executive Director to enter into an agreement with E.L. Waters and Company, LLC. to update the Amended 2009 Redevelopment Plan prepared by Dover, Kohl & Partners and City of Miami's Planning Department; and WHEREAS, the Amended 2018 Plan addresses the requirements of Section 163. 362, Florida Statutes, including: general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and identification of funding through possible public and/or public/private partnerships; and WHEREAS, the Board of Commissioners wishes to accept the Amended 2018 Plan and approves thereof; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby accepts the Amended 2018 Plan and approves thereof. City of Miami Page 1 of 2 File ID: 4848 (Revision:) Printed On: 101112018 20 File ID: 4848 Enactment Number: CRA-R-18-0040 GeCb003. The Board of C0nl[DisSDOe[S hereby @uih0[iz8S the ORA'S EX8CUbV8 Director to present the Amended 2018 Plan to the City of Miami Commissioner and Miami -Dade County Commission for further approval. 8eobOO4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City of Miami Pag2 I of 2 File ID: 4848 (Revisiow) Printed on: 101112018 Attachment "C" 00 Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-19-0005 File Number: 5566 Final Action Date:3/7/2019 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING AND ADOPTING THE EXECUTION OF THE AMENDMENT TO THE 1983 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI- DADE COUNTY, AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY WITH THE CITY OF MIAMI AND MIAMI-DADE COUNTY. WHEREAS, the Board of Commissioners of Miami -Dade County, by Resolution No. R- 01677-82 and Ordinance No. 82-115, approved the Southeast Overtown/Park West Redevelopment Plan ("1982 Plan") and tax increment financing for the Southeast Overtown/Park West Redevelopment Area ("Original Redevelopment Area"); and WHEREAS, on March 30, 1983, Miami -Dade County ("the County"), formerly known as Metropolitan Dade County, and the City of Miami ("the City") executed the Intergovernmental Cooperation Agreement (the "1983 Interlocal Agreement"); and WHEREAS, on November 15, 1990, the County and the City entered into that certain Amendments to Interlocal Cooperation Agreement (the "First Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; and WHEREAS, as of December 31, 2007, the County, the City, the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA") and the Omni Community Redevelopment Agency ("Omni CRA") entered into that certain Interlocal Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to provide funding for major projects for the benefit of all parties (the "2007 Interlocal Agreement"); and WHEREAS, on January 22, 2010, the County and the SEOPW CRA entered into that certain Amendment to 1983 Interlocal Cooperation Agreement (the "2010 Amendment"; together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement"); and WHEREAS, in furtherance of seeking the extension of the life of the SEOPW CRA from 2030 to 2042, the SEOPW CRA is required to prepare an Assessment of Need Study (the "AON"), amend its current Redevelopment Plan, and amend the 1983 Interlocal Agreement with its two taxing authorities, the City of Miami and Miami -Dade County; and WHEREAS, the SEOPW CRA generated an Assessment of Need to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; and WHEREAS, the SEOPW CRA adopted the Amended Redevelopment Plan prepared by E.L. Waters and Company, LLC; and City of Miami Page 1 of 2 File ID: 5566 (Revision: A) Printed On: 312112019 22 File ID: 5566 Enactment Number: CRA-R-19.0005 WHEREAS, on June 26, 2018, the Board of Commissioners adopted resolution CRA-R- 18-0030 approving the AON; and WHEREAS, on September 24, 2018, the Board of Commissioners adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; and WHEREAS, the Board of Commissioners wishes to accept and adopt the Amendment to the 1983 Interlocal Agreement between the City of Miami, Miami -Dade County, and the Southeast Overtown/Park West Community Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners accepts and adopts the Amendment to the 1983 Interlocal Agreement between the City of Miami, Miami -Dade County, and Southeast Overtown/Park West Community Redevelopment Agency. Section 3. The Board of Commissioners hereby accepts and adopts that the Executive Director presents the Amendment to the 1983 Interlocal Agreement between the City of Miami, Miami -Dade County, and the Southeast Overtown/Park West Community Redevelopment Agency to the City of Miami Commission and Miami -Dade County Commission for further approval. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Cora s diver, Executive Director 3/11/2019 City of Miami Pa92�of 2 File ID: 5566 (Revision: A) Printed on: 312112019 AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT ("Amendment") is made and entered into this _ day of , 2019, by and between Miami -Dade County a political subdivision of the State of Florida (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida (the "City") and the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA"). RECITALS WHEREAS, on March 30, 1983 the County, formerly Imown as Metropolitan Dade County, and the City executed that certain Intergovernmental Cooperation Agreement (the "1983 Interlocal Agreement"); WHEREAS, on November 15, 1990 the County, formerly known as Metropolitan Dade County, and the City entered into that certain Amendments to Interlocal Cooperation Agreement (the "First Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; WHEREAS, as of December 31, 2007 the County, the City, the SEOPW CRA and the Omni Community Redevelopment Agency (the "Omni CRA") entered into that certain Interlocal Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to Provide Funding for Major Projects for the Benefit of All Parties (the "2007 Interlocal Agreement"); WHEREAS, on January 22, 2010 the County and the SEOPW CRA entered into that certain Amendment to 1983 Interlocal Cooperation Agreement (the "2010 Amendment"; together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement"); WHEREAS, the SEOPW CRA generated an Assessment of Need (the "AON") to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; WHEREAS, the SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the "Amended Redevelopment Plan") prepared by E.L. Waters and Company, LLC; WHEREAS, on June 26, 2018 the Board of Commissioners of the SEOPW CRA adopted resolution CRA-R-18-0030 approving the AON; WHEREAS, on September 24, 2018 the Board of Commissioners of the SEOPW CRA adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; WHEREAS, the City Commission approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; #6177oo5o_v4 24 WHEREAS, the Board of County Commissioners (the `Board") has approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; and WHEREAS, the County, the City and the SEOPW CRA desire to modify and amend the Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, as hereinafter provided. NOW, THEREFORE, the County, the City and the SEOPW CRA agrees as to follows: 1. Recitals. The Recitals to this Amendment are true and correct and incorporated herein and made a part of this Amendment. 2. Defined Terms. Defined terms utilized in this Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of SEOPW CRA. The life of the SEOPW CRA is hereby extended from March 31, 2030 until March 31, 2042. 4. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed reference to the Amended Redevelopment Plan. 5. Streetcar Project. The City and the SEOPW CRA hereby release the County from any obligations under the 2007 Interlocal Agreement to make a $20 Million contribution to the City to be applied toward the funding of the Streetcar Project. 6. Priority Projects. The County, the City and the SEOPW CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the following projects identified in the Amendment Redevelopment Plan, among other projects in the Redevelopment Area, shall be partially funded by SEOPW CRA utilizing tax increment revenues (the "Incentive Agreement Projects"): a. Overtown Cultural and Entertainment District. b. Miami World Center Project, generally located between 11"' Street on the North, the FEC Railway to the South, NE 2" d Avenue to the East and N. Miami Avenue to the West. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami Avenue, (Folio 01-3137-025-0011). d. South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project located within the All Aboard Florida Grand Central Station, which station is situated on various parcels located immediately west of NW 1st Avenue between Flagler and N.W. 8t" Pa #61770050_v4 25 Streets, to be supported by a pledge of tax increment revenue to support a $17,580,000.00 City bond issue. e. The World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House. f. The redevelopment and modernization of County -owned public housing projects situated on a combined 33.7 acres of land located within the Redevelopment Area consisting of Culmer Place (580 NW 5"' Avenue, Miami, FL), Culmer Gardens (610 NW 10"' Street, Miami, FL), and Rainbow Village (2140 NW 3rd Avenue, Miami, FL), presently improved by 326 units of public housing in order to replace and expand the inventory of public housing and construct additional subsidized and market rate residential units, as well as the development of other uses, as appropriate. g. Existing affordable housing projects financed with existing CRA Bond issue. h. The development and rehabilitation of workforce housing and affordable housing projects. i. Development of between approximately 800 and 1,000 affordable housing units serving families earning between 30% and 140% of the County's Area Median Income as defined by the U.S. Department of Housing and Urban Development, as adjusted for household size, on non -County -owned sites located within the Redevelopment Area. j. Land acquisition and development activities consistent with the character and scale of development identified in the Overtown Entertainment and Cultural District, as it may be amended from time to time. k. Development and growth of local, small business enterprises within the Redevelopment Area through grants or low -interest loans to, among other things, improve the physical plant of local businesses, finance the acquisition of machinery and equipment, and provide limited guarantees against losses to increase access to credit from local financial institutions. 1. Support the implementation of activities identified within Overtown Youth and Children's Coalition Master Plan. 7. Redevelopment Area. The County, City and SEOPW CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii) that addition to the area approved in Ordinance No. , all as more particularly shown on that map attached hereto as Exhibit "A". #61770050_A 26 8. Base Values. The County, the City and SEOPW CRA agree that the assessed values of property for ad valorem tax purposes to be used in calculating the amount of tax increment revenues is: (a) with respect to that portion of the Redevelopment Area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982, contained the preliminary ad valorem assessment roll for 1982 prepared by the Property Appraiser of the County; (b) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No. 86-4, the value as of January 1, 1985 contained in the preliminary ad valorem assessment roll for 1985 prepared by the Property Appraiser of the County; and (c) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No.: , the value as of January 1, 20_ , contained in the preliminary ad valorem assessment rolls for 20_ prepared by the Property Appraiser of the County. 9. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual SEOPW CRA budget for the fiscal years prior to fiscal year commencing October 1, 2018. 10. Waiver of Administrative Fee. The County agrees to waive the 1.5% Administrative Fee chargeable to SEOPW CRA for the life of the SEOPW CRA. 11. Revenue Sharing. Section 5 (e) of the 2007 Interlocal Agreement is hereby amended to delete Exhibit "C" attached to 2007 Interlocal Agreement and replace same with Exhibit "B" attached hereto made a part hereof. The County and the City acknowledge and agrees that tax increments revenues deposited in the SEOPW CRA trust fund and then the return of the balance of the Increment Revenues (45%) collected from the projects listed on Exhibit B for such year to each taxing authority which paid the increment in the proportion that the amount of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year. The County agrees to utilize the amount paid to the County pursuant to this Section 11 to provide financial support for the redevelopment and modernization of County -owned public housing projects described in Section 6(f) of this Amendment and to utilize the balance of such funds to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. The City agrees to utilize the amount paid to the City pursuant to this Section 11 to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. 12. Overtown Urban Initiation Project Management Committee. Sections 1,2, and 3 of the 1983 Interlocal Agreement are hereby deleted. 13. City Contribution. The County and the SEOPW CRA acknowledge and agree that the City has made all required contributions required by the City under Section 4 of the 1983 Interlocal Agreement. 14. SEOPW Projects. A. The County and the City aclalowledge and agree that the SEOPW CRA has complied with its obligations under Sections 2 (a) and (b) of the 2010 Amendment with respect to the Camillus House Project and the Alonzo Mouming Charities, Inc. affordable housing Project. The 4 46177oo5o_v4 27 SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment regarding Mama Hattie's House has not yet been developed and is included in the list of Incentive Agreement Projects. B. The County and the City acknowledge and agree that each of the SEOPW CRA Development Projects, including the Incentive Agreement Projects, do not require approval of any and all plans for development before contracts are entered into for constructions of each respective SEOPW CRA Developments, including without limitation, the Incentive Agreement Projects, 15. Reverter Lawsuit. The County, the City and the SEOPW CRA acknowledge that the Reverter Lawsuit has been resolved, Block 45 has reverted to the County and that Block 36 and Block 56 are no longer subject to revert to the County. 16. Composition of SEOPW CRA Board of Commissioners. Commencing as of the first day of the extended term of the SEOPW CRA (i.e. April 1, 2030), the SEOPW CRA Board of Commissioners shall be expanded from five (5) commissioners to nine (9) commissioners. Five (5) of the commissioners shall be members of the City Commission. Two (2) commissioners will be citizens appointed by the member of the County Board whose district includes Overtown, with the approval of each appointment by the City Commissioner whose district includes Overtown. Two (2) commissioners will be citizens appointed by the City Commissioner whose district includes Overtown with the approval of such appointment by the member of the County Board whose district includes Overtown. Each such appointment shall be for a term of two (2) years. Should any appointed member not complete their respective term, the City Commissioner or the member of the County Board who appointed such member shall appoint the replacement citizen with the approval of the other as provided above for the balance of such term. Members of the County Board shall not be appointed to the SEOPW CRA Board of Commissioners. 17. CRA Indebtedness. The SEOPW CRA may elect to issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the SEOPW CRA Projects including the Incentive Agreement Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2042. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuance or indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this Amendment and applicable law, including Section 163.358(3), Florida Statutes. 18. CAP ON ADMINISTRATIVE EXPENSES. The SEOPW CRA agrees that administrative expenses of the SEOPW CRA shall not exceed 20% of its overall fiscal budget. 19. Procurement Requirements. The SEOPW CRA confirms to the County and the City that SEOPW CRA has adopted procurement procedures to be utilized by the SEOPW CRA for procurement. 20. Community Benefits. A. The SEOPW CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the SEOPW CRA for new or rehabilitated commercial and 5 #61770050 A 28 residential developments entered into after the Effective Date within the Redevelopment Area shall, to the extent allowed by applicable law, include the following provisions: (i). Require hiring from the labor workforce for such project from residents of the Redevelopment Area that are unemployed or under employed, to extent feasible. (ii). Require compliance with the wage requirements of Section 2-8.9 of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, as are feasible. B. The SEOPW CRA agrees to include in all community benefit agreements with entities or contractor receiving grants of $1,000,000,00 or more executed after the Effective Date to require such entities or contractors to comply with the following Miami -Dade County ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-8,1.1.1.1 of the Code) (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) (iv). Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code) (v). Living Wage Ordinance (Section 2-8.9 of the Code) 21, Inspector General Review. The County shall have the right to retain, at its sole cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20. Upon written notice from the County, the SEOPW CRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction. Additionally, the SEOPW CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed SEOPW CRA's contracts, transactions, accounts, records, agreements and programs at a minimum annually audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the SEOPW CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. 22. Recovery of Grant Funds. The SEOPW CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "clawback" provision that will require the SEOPW CRA to "clawback" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with SEOPW CRA by demanding repayment of such funds, in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. #61770050_v4 29 23. Safeguards for Resident Displacement, In the event the SEOPW CRA funds a redevelopment project authorized by the Amended Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the SEOPW CRA shall prepare plans for and assist in the relocation of such persons, including malting any relocation payments under the Act and applicable laws and regulations. Further, the SEOPW CRA shall make or provide for at least a "one -for -one" replacement of each affordable housing unit demolished pursuant to a redevelopment project to ensure that such demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this requirement shall not apply to substandard affordable housing that has been declared unsafe by a governmental entity and subsequently demolished. The SEOPW CRA shall ensure that individuals and families who are displaced from affordable housing units have a right of first refusal to return to comparably priced affordable housing units located within the Redevelopment Area. 24. Affordable and Mixed Income. The County acknowledge and agrees that the SEOPW CRA Amended Redevelopment Plan includes a housing component that serves an income mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%) of the area mean income, as defined by the U.S. Department of Housing and Urban Development and the County acknowledges that the Amended Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons over funding of non -housing projects. 25. Annual Budget. The SEOPW CRA agrees to include in its annual fiscal budget a description of expenditures made by the SEOPW CRA for affordable housing projects during the previous fiscal year and a statement of anticipated expenditures for affordable housing project in upcoming fiscal years, if applicable. 26. Ethics Training. The SEOPW CRA agrees that all members of the Board of Commissioners of the SEOPW CRA, staff of the SEOPW CRA, members of advisor boards of the SEOPW CRA and staff such advisor boards shall be required to complete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust. 27. Conflicts. In the event of any conflicts between the hiterlocal Agreement, and the terms of this Amendment, this Amendment shall control. 28. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 29. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the SEOPW CRA (the "Effective Date") 30, Time of the Essence. Time is of the essence in the performance of this Amendment. 31. Third -Party Beneficiaries. There are no third -party beneficiaries to this Amendment. The parties expressly acknowledge that that it is not their intent to create or confer 7 #61770050_v4 30 any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of this Second Amendment. 32. Severability. If one of more provisions of this Amendment shall be held contrary to any provision of law or be held invalid, then such provision or provisions shall be null and void and shall be separate from, and have no effect on, the remaining provisions which shall continue to be legal and valid. 33. Counterparts. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, a municipal corporation of the State of Florida ME Emilio T. Gonzalez, City Manager ATTEST: By: Todd B. Hannon, City Cleric Southeast Overtown Park West Community Redevelopment Agency, a public body corporate and politic By: Cornelius Shiver, Executive Director ATTEST: Todd B. Hannon, City Cleric Miami -Dade County, a political subdivision of the State of Florida M. ME Mayor, Carlos A. Gimenez Deputy Cleric APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Assistant County Attorney Date: #61770050_v4 31 APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Victoria Mendez, City Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR SEOPW CRA: By: Date: 9 William R. Bloom, SEOPW CRA Special Counsel #6177oo5o_v4 32 Exhibit "A" Map of Redevelopment Area 10 1/6177oo5o_v4 33 Exhibit "B" Name Ten Museum Place 1040 Biscayne Boulevard 900 Biscayne 900 Biscayne Boulevard Marlin Blue 824 Biscayne Boulevard 600 Biscayne 666 Biscayne Boulevard 215 NE 6 Street Marquis 1100 Biscayne Boulevard Marquis West 127 NE 11 Street Paramount Park 700 Biscayne Logik Tower 530 NW 1st Court Block 56 161 NW 6"' Street Folio 01-0105-060-1010 Folio 01-0105-060-1030 Folio 01-0105-060-1040 11 #6177oo5o_v4 34 Attachment "D" SY 07"'�P> Few `Y� AGENDA ITEM SUMMARY FORM File ID: #5681 Date: 03/28/2019 Requesting Department: Southeast Overtown/Park West CRA Commission Meeting Date: 05/09/2019 Sponsored By: District Impacted: District 5 Type: Resolution Subject: Accept Need Study - Southeast Overtown/Park West Redevelopment Plan Purpose of Item: A request for the City of Miami Board of Commissioners to approve the attached Resolution accepting Southeast Overtown/ Park West Community Redevelopment Agency's Assessment of Need Study finding that it is necessary and in the best interest of public health, safety, morals and welfare of the residents of the City of Miami and Miami -Dade County to extend the life of the Southeast Overtown/Park West Community Redevelopment Agency from 2030 to 2042. Background of Item: On June 26, 2018 the Southeast Overtown/Park West Community Redevelopment Agency Board of Commissioners approved and accepted the Southeast Overtown/Park West Community Redevelopment Agency's Assessment of Need Study. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Southeast Ovortown/Park West CRA and Legal Sufficiency Completed Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office 35 Cornelius Shiver Approved as to Form 04/03/2019 1:43 PM Budget Analyst Review Completed 04/08/2019 8:18 AM Budget Review Completed 04/08/2019 3:03 PM Assistant City Manager Review Completed 04/16/2019 3:45 PM City Manager Review Completed 04/19/2019 3:46 PM Legislative Division Review Completed 04/23/2019 10:22 AM Deputy Attorney Review Skipped 04/23/2019 9:47 AM Approved Form and Correctness Completed 04/24/2019 5:28 PM Meeting Completed 05/09/2019 9:00 AM Signed by the Mayor Completed 05/20/2019 2:37 PM Signed and Attested by the City Clerk Completed 05/20/2019 3:12 PM Rendered Completed 05/20/2019 3:12 PM Op 1 City of Miami .�° �� �. Legislation g City Hall 3500 Pan American Drive 0 � Miami, FL 33133 a Resolutionwmlamigov,com Enactment Number: R-19-0175 File Number: 5681 Final Action Date:5/9/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE ASSESSMENT OF NEED/FINDING OF NECESSITY, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AND MAKING FINDINGS THAT THERE EXIST ONE OR MORE SLUMS OR BLIGHTED AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY; THAT THERE IS A NEED FOR REHABILITATION AND DEVELOPMENT OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME, INCLUDING THE ELDERLY, AND THAT IT IS IN THE BEST INTEREST AND PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI- DADE COUNTY THAT THE LIFE OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") BE EXTENDED AS PROVIDED HEREIN; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE ASSESSMENT OF NEED STUDY/FINDING OF NECESSITY REPORT TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR LEGISLATIVE ACTION. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area, in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, the City of Miami ("City") and Miami -Dade County ("County") sought to create the CRA, pursuant to Section 163.356, Florida Statutes; and WHEREAS, pursuant to Resolution No. 82-755, adopted on July 29, 1982, the City Commission approved the CRA's Redevelopment Plan; and WHEREAS, pursuant to Resolution No. R-1677-82, adopted on December 7, 1982, the County's Board of County Commissioners ("County Commission") issued its approval of the CRA's Redevelopment Plan; and WHEREAS, on December 31, 2007, the City, the County, and the SEOPW CRA entered into an Interlocal Agreement to provide for, among other things, the expansion of the SEOPW CRA's Redevelopment Area and the extension of the SEOPW CRA's life to 2030; and WHEREAS, Chapter 163.355, Florida Statutes, requires finding of necessity by a county or municipality, supported by data and analysis, which makes a legislative finding that conditions in the area meet the criteria of a slum area or a blighted area as defined by Sections 163.340(7) or (8), Florida Statutes; and WHEREAS, pursuant to Section 163.355(1), Florida Statutes, one or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to 37 residents of low or moderate income, including the elderly, exist in such county or municipality; and WHEREAS, pursuant to Section 163.355(2), Florida Statues, the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality; and WHEREAS, pursuant to Resolution No. R-611-15, adopted on June 30, 2015, the County Commission established a policy requiring, at the sole expense of the SEOPW CRA, the preparation and submission of an assessment of need study that demonstrates that slum or blight still exists within a designated community redevelopment area whenever a Community Redevelopment Agency seeks approval from the Board of County Commissioners to extend its life and that of the Community Redevelopment Area; and WHEREAS, E.L. Waters and Company, LLC and the SEOPW CRA have prepared an Assessment of Need/Finding of Necessity, attached and incorporated as Exhibit "A," in accordance with Chapter 163.355, Florida Statutes, and County Resolution No. R-611-15 ("Assessment"); and WHEREAS, the Assessment supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety issues (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant, damaged, and abandoned buildings; and WHEREAS, on June 26, 2018, the SEOPW CRA Board of Commissioners adopted Resolution CRA-R-18-0030 accepting the Assessment and making findings that there exists one or more slums or blighted areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, that there is a need for rehabilitation and development of housing affordable to residents of low or moderate income, including the elderly, and it is in the best interest and welfare of the residents of the City and County that the life of the Southeast Overtown/Park West Community Redevelopment Agency be extended until 2042; and WHEREAS, the City Commission wishes to accept the Assessment, attached and incorporated as Exhibit "A," and direct the Executive Director to transmit a copy of the same to the County Commission to make a legislative finding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Commission accepts the Assessment, attached and incorporated as Exhibit "A." Section 3. The City Commission finds that the Redevelopment Area constitutes a slum or blighted area, as defined in Section 163.340, Florida Statutes. Section 4. The City Commission finds one or more slum or blighted area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exists. Section 5. The City Commission finds that the rehabilitation and development of housing affordable to residents of low or moderate income, including the elderly is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City and the County. Section 6. The City Commission finds that the Assessment supports the findings that within the Redevelopment Area, there is the following: (1) prevailing poverty and unemployment, (2) disadvantaged housing conditions, (3) public safety issues (Higher Crime and Health Disparities), (4) predominance of defective streets and sidewalks, (5) faulty lots layout and (6) vacant, damaged, and abandoned buildings. Section 7. The City Commission finds that is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City and the County to extend the life of the CRA to and including 2042. Section 8. The Executive Director is directed to transmit a copy of this Resolution and the Assessment to the County Commission to make a legislative finding that the conditions in the Redevelopment Area meet the criteria described in Chapter 163.340(7) or (8), Florida Statutes, and to the County Mayor and Clerk of the County Commission. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 4rial , i y ttor ey 4/24/22019 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 39 Attachment "E" , op :. AGENDA ITEM SUMMARY FORM File ID: #5682 Date: 03/28/2019 Requesting Department: Southeast Overtown/Park West CRA Commission Meeting Date: 05/09/2019 Sponsored By: District Impacted: District 5 Type: Resolution Subject: Amend Redevelopment Plan Purpose of Item: A request for the City of Miami Board of Commissioners to approve the attached Resolution accepting the Southeast Overtown/ Park West Community Redevelopment Agency's Amended 2018 Southeast Overtown/Park West Community Redevelopment Plan in efforts to extend the life of Southeast Overtown/Park West Community Redevelopment Agency from 2030 to 2042. Background of Item: On September 24, 2018 the Southeast Overtown/Park West Community Redevelopment Agency Board of Commissioners accepted the Southeast Overtown/Park West Community Amended 2018 Southeast Overtown/Park West Community Redevelopment Plan. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Southeast Overtown/Park West CRA and Legal Sufficiency Completed Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Cornelius Shiver Approved as to Form 04/03/2019 1:44 PM Budget Analyst Review Completed 04/08/2019 11:23 AM Budget Review Completed 04/08/2019 3:04 PM Assistant City Manager Review Completed 04/16/2019 3:53 PM Legislative Division Review Completed 04/19/2019 10:57 AM City Manager Review Completed 04/19/2019 3:47 PM Deputy Attorney Review Skipped 04/22/2019 10:32 AM Approved Form and Correctness Completed 04/25/2019 10:14 AM Meeting Completed 05/09/2019 9:00 AM Signed by the Mayor Completed 05/20/2019 2:38 PM Signed and Attested by the City Clerk Completed 05/20/2019 3:11 PM Rendered Completed 05/20/2019 3:11 PM IN 41 City of Miami * , irc°°°r °x�°°a ; rt City Hall B '° Legislation 3500 Pan American Drive 1 Miami, FL 33133 �u °_ it www.miamigov.com Resolution Enactment Number: R-19-0176 File Number: 5682 Final Action Date:5/9/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE AMENDED 2018 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED 2018 PLAN"), ATTACHED AND INCORPORATED AS EXHIBIT "A," PREPARED BY E.L. WATERS AND COMPANY, LLC.; DIRECTING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO TRANSMIT THE AMENDED 2018 PLAN AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY'S RECOMMENDATION FOR APPROVAL TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR REVIEW, CONSIDERATION, APPROVAL, AND ACCEPTANCE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and WHEREAS, Section 163.361(1), Florida Statutes, governs modifications to community redevelopment plans and provides that "If any time after the approval of a Community Redevelopment Plan... it becomes necessary to amend such plan, the governing body may amend such plan upon the recommendation of the agency"; and WHEREAS, the Miami -Dade County ("County") Board of County Commissioners ("County Commission"), a Constitutional Home Rule Charter County, constitutes the governing body of the SEOPW CRA, as that term is defined by Section 163.340(3), Florida Statutes; and WHEREAS, the SEOPW CRA was created by the City of Miami ("City") due to the needs of the community and the City to have an adopted Community Redevelopment Plan and Agency in the Southeast Overtown/Park West area; and WHEREAS, on February 27, 2017, the SEOPW CRA Board of Commissioners, pursuant to Resolution No. CRA-R-17-0011, authorized the Executive Director to enter into an agreement with E.L. Waters and Company, LLC, to update the Amended 2009 Redevelopment Plan, prepared by Dover, Kohl & Partners and City's Planning Department; and WHEREAS, the Amended 2018 Plan prepared by E. L. Waters and Company, LLC ("Amended 2018 Plan"), attached and incorporated as Exhibit "A," addresses the requirements of Section 163. 362, Florida Statutes, including, without limitation, general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and identification of funding through possible public and/or public/private partnerships; and 42 WHEREAS, on September 24, 2018, the SEOPW CRA Board of Commissioners, pursuant to Resolution CRA-R-18-0040, accepted the Amended 2018 Plan and directed the Executive Director to transmit the Amended 2018 Plan and the SEOPW CRA's Recommendation for Approval to Miami City Commissioners for review and consideration; and WHEREAS, the consideration and approval of the Amended 2018 Plan has been considered at a public hearing on a proposed modification of any community redevelopment plan, after public notice thereof, by publication in a newspaper having a general circulation in the area of operation of the SEOPW CRA; and WHEREAS, the Miami City Commission wishes to accept and approve the Amended 2018 Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Miami City Commission hereby approves and accepts the Amended 2018 Plan, attached and incorporated as Exhibit "A". Section 3. The Miami City Commission hereby authorizes the SEOPW CRA's Executive Director to present and transmit the Amended 2018 Plan to the County Commission for their review, consideration, approval, and acceptance, and to the County Mayor and Clerk of the County Commission. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 &,r i dez, i y t t o r ey 4/25/2019 'If the Mayor does not sign this Resolution, it shall become effective at the end often (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 43 Attachment "F" Ol'4; n w AGENDA ITEM SUMMARY FORM File ID: #5683 z< Date: 03/28/2019 Requesting Department: Southeast Overtown/Park West CRA Commission Meeting Date: 06/13/2019 Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Amendment - 1983 Interlocal Agreement - SEOPW CRA Purpose of Item: A request for the City of Miami Board of Commissioners to approve the attached Resolution accepting the execution of the Amendment to the 1983 Interlocal Agreement between the City of Miami, Miami -Dade County and the Southeast Overtown/Park West Community Redevelopment Agency with the City of Miami and Miami and Miami -Dade County in efforts to the extend the life of Southeast Overtown/Park West Community Redevelopment Agency from 2030 to 2042. Background of Item: On March 7, 2019 the Southeast Overtown/Park West Community Redevelopment Agency Board of Commissioners approved and accepted the execution of the amendment to the 1983 Interlocal Agreement between the City of Miami, Miami -Dade County and the Southeast Overtown/Park West Community Redevelopment Agency with the City of Miami and Miami -Dade County. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Southeast Overtown/Park West CRA and Legal Sufficiency Completed Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez City Commission Todd B. Hannon City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Victoria Mendez Cornelius Shiver Approved as to Form 04/03/2019 1:44 PM Budget Analyst Review Completed 04/08/2019 9:23 AM Budget Review Completed 04/08/2019 3:05 PM Assistant City Manager Review Completed 04/16/2019 3:55 PM City Manager Review Completed 04/19/2019 3:48 PM Legislative Division Review Completed 04/23/2019 11:42 AM Deputy Attorney Review Skipped 04/23/2019 11:42 AM Approved Form and Correctness Completed 04/25/2019 10:11 AM Meeting Completed 05/09/2019 9:00 AM Meeting Completed 06/13/2019 9:00 AM Unsigned by the Mayor Completed 06/20/2019 3:12 PM Signed and Attested by the City Clerk Completed 06/20/2019 3:54 PM Legislative Division Review Completed 06/27/2019 11:57 AM Approved Form and Correctness with Modification(s) Completed im Office of the City Clerk City Clerk's Office Rendered Completed 07/02/2019 8:56 AM 45 `��i)j^h.. 4�� City of Miami r City Hall 'k .IN ABAF AAAIEA �' 2 " " Legislation 3600 Pan American Drive Miami, FL 33133 L o tt www.miamigov.com Resolution Enactment Number: R-19-0233 File Number: 5683 Final Action Date:6/13/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE 1983 INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY"), AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); FURTHER DIRECTING THAT THE SEOPW CRA EXECUTIVE DIRECTOR TO TRANSMIT THE SECOND AMENDMENT TO THE COUNTY FOR REVIEW, CONSIDERATION, AND APPROVAL. WHEREAS, the Miami -Dade County Board of County Commissioners ("County Commission"), by Resolution No. R-01677-82 and Ordinance No. 82-115, approved the Southeast Overtown/Park West Redevelopment Plan ("l982 Plan") and tax increment financing, for the Southeast Overtown/Park West Redevelopment Area ("Original Redevelopment Area"); and WHEREAS, on March 30, 1983, Miami -Dade County ("County"), formerly known as Metropolitan Dade County, and the City of Miami ("City"), executed the Intergovernmental Cooperation Agreement (1983 Interlocal Agreement"); and WHEREAS, on November 15, 1990, the County and the City entered into certain Amendments to the 1983 Interlocal Cooperation Agreement ("First Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; and WHEREAS, as of December 31, 2007, the County, the City, the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA") and the Omni Community Redevelopment Agency ("Omni CRA") entered into another Interlocal Agreement, between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to provide funding for major projects for the benefit of all parties ("2007 Interlocal Agreement'); and WHEREAS, on January 22, 2010, the County and the SEOPW CRA entered into an Amendment to 1983 Interlocal Cooperation Agreement (the 2010 Amendment, together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement'); and WHEREAS, in furtherance of seeking the extension of the life of the SEOPW CRA from 2030 to 2042, the SEOPW CRA is required to prepare an Assessment of Need Study ("AON"), amend its current Redevelopment Plan, and amend the 1983 Interlocal Agreement with its two (2) taxing authorities, the City and the County; and WHEREAS, the SEOPW CRA generated an Assessment of Need to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; and E, WHEREAS, the SEOPW CRA adopted the Amended Redevelopment Plan prepared by E.L. Waters and Company, LLC; and WHEREAS, on June 26, 2018, the SEOPW CRA Board of Commissioners adopted resolution CRA-R-18-0030 approving the AON; and WHEREAS, on September 24, 2018, the SEOPW CRA Board of Commissioners adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; and WHEREAS, on March 7, 2019, the SEOPW CRA Board of Commissioners adopted Resolution CRA-R-19-0005, accepting and adopting the execution of the amendment to the 1983 Interlocal Agreement, between the City, the County, and the SEOPW CRA; and WHEREAS, the City Commission wishes to accept and adopt the Second Amendment to the 1983 Interlocal Agreement ("Second Amendment") between the City, County, and the SEOPW CRA; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Second Amendment to the 1983 interlocal agreement, in substantially the form attached as Exhibit "A," is approved. Section 3. The City Manager is authorized' to execute the Second Amendment to the 1983 Interlocal Agreement between the City, the County, and SEOPW CRA, in substantially the form attached as Exhibit" A." Section 4. The City Commission further directs the SEOPW CRA Executive Director to transmit the Second Amendment to the County Commission for their further review, consideration, and approval, and to the County Mayor, and Clerk of the County Commission. Section 5. This Resolution shall become effective immediately upon its adoption .2 APPROVED AS TO FORM AND CORRECTNESS: 1 1,ria i y ttor ey 4/25/2019 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 47 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BE, TWEI?N THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT ("Amendment") is made and entered into this _ day of 2019, by and between Miami -Dade County a political subdivision of the State of Florida (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida (the "City") and the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA"). RECITALS WHEREAS, on March 30, 1983 the County, formerly known as Metropolitan Dade County, and the City executed that certain Intergovernmental Cooperation Agreement (the 111983 Interlocal Agreement"); t WHEREAS, on November 15, 1990 the County, formerly known as Metropolitan Dade County, and the City entered into that certain Amendments to Interlocal Cooperation Agreement (the "Furst Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; WHEREAS, as of December 31, 2007 the County, the City, the SEOPW CRA and the Omni Community Redevelopment Agency (the "Omni CRA") entered into that certain Interlocal Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Ornni CRA to Provide Funding for Major Projects for the Benefit of All Parties (the "2007 Interlocal Agreement"); WHEREAS, on January 22, 2010 the County and the SEOPW CRA entered into that certain Amendment to 1983 Interlocal Cooperation Agreement (the 112010 Amendment"; together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement" ); WHEREAS, the SEOPW CRA generated an Assessment of Need (the `IAON") to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; WHEREAS, the SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the "Amended Redevelopment Plan") prepared by E.L. Waters and Company, LLC; WHEREAS, on June 26, 2018 the Board of Commissioners of the SEOPW CRA adopted resolution CRA-R-1 8-003 0 approving the AON; WHEREAS, on September 24, 2018 the Board of Commissioners of the SEOPW CRA adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; WHEREAS, the City Commission approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; _ 1161770050 0 48 5683 Exhibit -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, the Board of County Commissioners (the "Board") has approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; and WHEREAS, the County, the City and the SEOPW CRA desire to modify and amend the Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, as hereinafter provided. NOW, THEREFORE, the County, the City and the SEOPW CRA agrees as to follows: I. Recitals. The Recitals to this Amendment are true and correct and incorporated herein and made a part of this Amendment. 2. Defined Terms. Defined terms utilized in this Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of SEOPW CRA. The life of the SEOPW CRA is hereby extended froin March 31, 2030 until March 31, 2042. 4. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed reference to the Amended Redevelopment Plan. 5. Priority Projects. The County, the City and the SEOPW CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the following projects identified in the Amendment Redevelopment Plan, among other projects in the Redevelopment Area, shall be partially funded by SEOPW CRA utilizing tax increment revenues (the "Incentive Agreement Projects"): a. Overtown Cultural and Entertainment District. b. Miami World Center Project, generally located between 116' Street on the North, the FEC Railway to the South, NE 2nd Avenue to the East and N. Miami Avenue to the West. c. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami Avenue, (Folio 01-3137-025-0011). d. South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project located within the All Aboard Florida Grand Central Station, which station is situated on various parcels located immediately west of NW 1st Avenue between Flagler and N.W. 8t' Streets, to be supported by a pledge of tax increment revenue to support a $17,580,000.00 City bond issue. e. The World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House. 2 #6177oo50_v4 49 E DOCUMENT IS A SUBSTITUTION TO NAL. BACKUP ORIGINAL CAN BE SEEN AT F THIS DOCUMENT. f. The redevelopment and modernization of County -owned public housing projects situated on a combined 33.7 acres of land located within the Redevelopment Area consisting of Culmer Place (580 NW 5t" Avenue, Miami, FL), Culmer Gardens (610 NW 10ttx Street, Miami, FL), and Rainbow Village (2140 NW Yd Avenue, Miami, FL), presently improved by 326 units of public housing in order to replace and expand the inventory of public housing and construct additional subsidized and market rate residential units, as well as the development of other uses, as appropriate. g. Existing affordable housing projects financed with existing CRA Bond issue. h. The development and rehabilitation of workforce housing and affordable housing projects. i. Development of between approximately 800 and 1,000 affordable housing units serving families earning between 30% and 140% of the County's Area Median Income as defined by the U.S. Department of Housing and Urban Development, as adjusted for household size, on non -County -owned sites located within the Redevelopment Area. j. Land acquisition and development activities consistent with the character and scale of development identified in the Overtown Entertainment and Cultural District, as it may be amended from time to time. k. Development and growth of local, small business enterprises within the Redevelopment Area through grants or low -interest loans to, among other things, improve the physical plant of local businesses, finance the acquisition of machinery and equipment, and provide limited guarantees against losses to increase access to credit from local financial institutions. 1. Support the implementation of activities identified within Overtown Youth and Children's Coalition Master Plan, 6. Redevelopment Area, The County, ' City and SEOPW CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii) that addition to the area approved in Ordinance No. , all as more particularly shown on that map attached hereto as Exhibit "A". 7. Base Values. The County, the City and SEOPW CRA agree that the assessed values of property for ad valorem tax purposes to be used in calculating the amount of tax increment revenues is: (a) with respect to that portion of the Redevelopment Area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982,.contained the preliminary cad valorem assessment #61770050_0 50 E DOCUMENT IS A SUBSTITUTION TO INAL. BACKUP ORIGINAL CAN BE SEEN AT OF THIS DOCUMENT. roll for 1982 prepared by the Property Appraiser of the County; (b) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No. 86-4, the value as of January 1, 1985 contained in the preliminary ad valorem assessment roll for 1985 prepared by the Property Appraiser of the County; and (c) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No.: , the value as of January 1, 20_ , contained in the preliminary ad valorem assessment rolls for 20_ prepared by the Property Appraiser of the County. 8. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual SEOPW CRA budget for the fiscal years prior to fiscal year commencing October 1, 2018. 9. Waiver of Administrative Fee. The County agrees to waive the 1.5% Administrative Fee chargeable to SEOPW CRA for the life of the SEOPW CRA. 10. Revenue Sharing. Section 5 (c) of the 2007 Interlocal Agreement is hereby amended to delete Exhibit "C" attached to 2007 Interlocal Agreement and replace same with Exhibit "B" attached hereto made a part hereof. The County and the City acknowledge and agrees that tax increments revenues deposited in the SEOPW CRA trust Kind and then the return of the balance of the Increment Revenues (45%) collected from the projects listed on Exhibit B for such year to each taxing authority which paid the increment in the proportion that the amount of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year. The County agrees to utilize the amount paid to the County pursuant to this Section 11 to provide financial support for the redevelopment and modernization of County -owned public housing projects described in Section 6(f) of this Amendment and to utilize the balance of such funds to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA.. The City agrees to utilize the amount paid to the City pursuant to this Section 11 to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. 11. Overtown Urban Initiation Project Management Committee. Sections 1,2, and 3 of the 1983 Interlocal Agreement are hereby deleted. 12. City Contribution. The County and the SEOPW CRA acknowledge and agree that the City has made all required contributions required by the City under Section 4 of the 1983 Interlocal Agreement, 13. SEOPW Pro.iects. A. The County and the City acknowledge and agree that the SEOPW CRA has complied with its obligations under Sections 2 (a) and (b) of the 2010 Amendment with respect to the Camillus House Project and the Alonzo Mourning Charities, Inc. affordable housing Project. The SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment regarding Mama Hattie's House has not yet been developed and is included in the list of Incentive Agreement Projects. B. The County and the City acknowledge and agree that each of the SEOPW CRA. Development Projects, including the Incentive Agreement Projects, do not require approval of any 4 #61770050_v4 5 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. and all plans for development before contracts are entered into for constructions of each respective SEOPW CRA Developments, including without limitation, the Incentive Agreement Projects, 14. Reverter Lawsuit, The County, the City and the SEOPW CRA acknowledge that the Reverter Lawsuit has been resolved, Block 45 has reverted to the County and that Block 36 and Block 56 are no longer subject to revert to the County. 15. CRA Indebtedness. The SEOPW CRA may elect to issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the SEOPW CRA Projects including the Incentive Agreement Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2042. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuance or indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this Amendment and applicable law, including Section 163.358(3), Florida Statutes, 16. CAP ON ADMINISTRATIVE EXPENSES. The SEOPW CRA agrees that administrative expenses of the SEOPW CRA shall not exceed 20% of its overall fiscal budget. 17. Procurement Requirements,. The SEOPW CRA confirms to the County and the City that SEOPW CRA has adopted procurement procedures to be utilized by the SEOPW CItA for procurement. 18. Community Benefits. A. The SEOPW CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the SEOPW CRA for new or rehabilitated commercial and residential developments entered into after the Effective Date within the Redevelopment Area shall, to the extent allowed by applicable law, include the following provisions: (i). Require hiring from the labor workforce for such project from residents of the Redevelopment Area that are unemployed or under employed, to extent feasible. (ii). Require compliance with the wage requirements of Section 2-8.9 of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, as are feasible. B. The SEOPW CRA agrees to include in all community benefit agreements with entities or contractor receiving grants of $1,000,000.00 or more executed after the Effective Date to require such entities or contractors to comply with the following Miami -Dade County ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-8.1.1.1.1 of the Code) (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) (iv). Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code) #6177oo50_v4 52 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (v). Living Wage Ordinance (Section 2-8.9 of the Code) 19. Inspector General Review. The County shall have the right to retain, at its sole cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No, 3-20, Upon written notice from the County, the SEOPW CRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction, Additionally, the SEOPW CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed SEOPW CRA's contracts, transactions, accounts, records, agreements and programs at a minimum annually audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the SEOPW CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. 20. Recovery of Grant Funds. The SEOPW CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "clawbacic" provision that will require the SEOPW CRA to "clawbacic" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with SEOPW CRA by demanding repayment of such funds, in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. 21. Safeguards for Resident Displacement. In the event the SEOPW CRA fiends a redevelopment project authorized by the Amended Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the SEOPW CRA shall prepare plans for and assist in the relocation of such persons, including malting any relocation payments under the Act and applicable laws and regulations. Further, the SEOPW CRA shall make or provide for at least a "one -for -one" replacement of each affordable housing unit demolished pursuant to a redevelopment project to ensure that such demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this requirement shall not apply to substandard affordable housing that has been declared unsafe by a governmental entity and subsequently demolished. The SEOPW CRA shall ensure that individuals and families who are displaced from affordable housing units have a right of first refusal to return to comparably priced affordable housing units located within the Redevelopment Area. 22. Affordable and Mixed Income. The County acknowledge and agrees that the SEOPW CRA Amended Redevelopment Plan includes a housing component that serves an income mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%) of the area mean income, as defined by the U.S, Department of Housing and Urban Development and the County acknowledges that the Amended Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons over funding of non -housing projects. 6 #6177OO5O-v4 53 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 23. Annual Bud; et. The SEOPW CRA agrees to include in its annual fiscal budget a description of expenditures made by the SEOPW CRA for affordable housing projects during the previous fiscal year and a statement of anticipated expenditures for affordable housing project in upcoming fiscal years, if applicable. 24. Ethics Training. The SEOPW CRA agrees that all members of the Board of Commissioners of the SEOPW CRA, staff of the SEOPW CRA, members of advisor boards of the SEOPW CRA and staff such advisor boards shall be required to complete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust. 25. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 26. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 27. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the SEOPW CRA (the "Effective Date") 28. Time of the Essence. Time is of the essence in the performance of this Amendment. 29. Third -Party Beneficiaries, There are no third -party beneficiaries to this Amendment. The parties expressly acknowledge that that it is not their intent to create or confer any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of this Second Amendment, 30. Severability. If one of more provisions of this Amendment shall be held contrary to any provision of law or be held invalid, then such provision or provisions shall be null and void and shall be separate from, and have no effect on, the remaining provisions which shall continue to be legal and valid. 31. Counterparts. This Amendment may be signed in counterparts. IN WITNESS WHERE the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, a municipal corporation of the 7 Miami -Dade County, a political subdivision of the #61770050_v4 54 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. State of Florida State of Florida By: Emilio T. Gonzalez, City Manager ATTEST: By: Todd B. Hannon, City Clerk Southeast Overtown Park West Community Redevelopment Agency, a public body corporate and politic By: Cornelius Shiver, Executive Director ATTEST: By: Todd B. Hannon, City Clerk 9 By: Mayor, Carlos A. Gimenez By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Assistant County Attorney Date: #61770050_v4 55 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Victoria Mendez, City Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR SEOPW CRA: By: Date: William R. Bloom, SEOPW CRA Special Counsel #61770050_v4 56 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "All Map of Redevelopment Area 10 #61770050_v4 57 Name Ten Museum Place 900 Biscayne Marlin Blue 600 Biscayne Marquis Marquis West Paramount Park Logik Tower Block 56 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit «B" 11 1040 Biscayne Boulevard 900 Biscayne Boulevard 824 Biscayne Boulevard 666 Biscayne Boulevard 215 NE 6 Street 1100 Biscayne Boulevard 127 NE 11 Street 700 Biscayne 530 NW 15t Court 161 NW 6t' Street Folio 01-0105-060-1010 Folio 01-0105-060-1030 Folio 01-0105-060-1040 #61770050_v4 58 ATTACHMENT "I" AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT ("Amendment") is made and entered into this _ day of , 2022, by and between Miami -Dade County a political subdivision of the State of Florida (the "County"), the City of Miarni, Florida, a municipal corporation of the State of Florida (the "City") and the Southeast Overtown/Park West Community Redevelopment Agency, a public agency and body corporate created pursuant to section 163.356, Florida Statutes (the "SEOPW CRA"). RECITALS WHEREAS, on March 30, 1983 the County, formerly known as Metropolitan Dade County, and the City executed that certain Intergovernmental Cooperation Agreement (the "1983 Interlocal Agreement"); and WHEREAS, on November 15, 1990, the County, formerly known as Metropolitan Dade County, and the City entered into that certain Amendments to Interlocal Cooperation Agreement (the "First Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; and WHEREAS, as of December 31, 2007, the County, the City, the SEOPW CRA and the Omni Community Redevelopment Agency (the "Omni CRA") entered into that certain Interlocal Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to Provide Funding for Major Projects for the Benefit of All Parties (the "2007 Interlocal Agreement"); and WHEREAS, on January 22, 2010, the County and the SEOPW CRA entered into that certain amendment to 1983 Interlocal Cooperation Agreement (the "2010 Amendment"; together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement"); and WHEREAS, the SEOPW CRA generated an Assessment of Need (the "AON") to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; and WHEREAS, the SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the "Amended Redevelopment Plan") prepared by E.L. Waters and Company, LLC; and WHEREAS, on June 26, 2018, the Board of Commissioners of the SEOPW CRA adopted resolution CRA-R-18-0030 approving the AON; and WHEREAS, on September 24, 2018, the Board of Commissioners of the SEOPW CRA adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; and 1 #6177o05o_v4 258 WHEREAS, on May 9, 2019 the City Commission adopted Resolutions R-19-0175 and R-19-0176 which approved the AON and the Amended Redevelopment Plan, respectively to substantiate the life of the SEOPW CRA to March 31, 2042; and WHEREAS, the Miami -Dade County Board of County Commissioners (the `Board") adopted Resolution No. R- -22 that approved the AON, the Amended Redevelopment Plan, the extension of the life of the SEOPW CRA to March 31, 2042, and the execution of this Amendment; and WHEREAS, the County, the City and the SEOPW CRA desire to modify and amend the Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, as hereinafter provided, NOW, THEREFORE, the County, the City and the SEOPW CRA agrees as to follows: 1. Recitals. The Recitals to this Amendment are true and correct and incorporated herein and made a part of this Amendment. 2. Defined Terms. Defined terms utilized in this Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of SEOPW CRA. The life of the SEOPW CRA is hereby extended from March 31, 2030 until March 31, 2042. 4. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed reference to the Amended Redevelopment Plan. 5. Priority Projects. The County, the City and the SEOPW CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the following projects identified in the Amendment Redevelopment Plan, among other projects in the Redevelopment Area, shall be partially funded by SEOPW CRA utilizing tax increment revenues (the "Incentive Agreement Projects"): A. Overtown Cultural and Entertainment District. B. Miami World Center Project, generally located between 11"' Street on the North, the FEC Railway to the South, NE 2"d Avenue to the East and N. Miami Avenue to the West. C. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami Avenue, (Folio 01-3137-025-0011). D. South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project located within the All Aboard Florida Grand Central Station, which station is situated on various parcels located immediately west of NW I" Avenue between Flagler and N.W. 8th Streets, to be supported by a pledge of tax increment revenue to support a 2 #61770050 v4 259 $17,580,000.00 City bond issue. E. The World Literacy Crusade of Florida, Inc, a/k/a Mama Hattie's House. F. The redevelopment and modernization of County -owned public housing projects situated on a combined 33.7 acres of land located within the Redevelopment Area consisting of Culmer Place (580 NW 5`" Avenue, Miami, FL), Culmer Gardens (610 NW 10"' Street, Miami, FL), and Rainbow Village (2140 NW 3rd Avenue, Miami, FL), presently improved by 326 units of public housing in order to replace and expand the inventory of public housing and construct additional subsidized and market rate residential units, as well as the development of other uses, as appropriate. G. Existing affordable housing projects financed with existing CRA Bond issue. H. The development and rehabilitation of workforce housing and affordable housing projects. Development of between approximately 800 and 1,000 affordable housing units serving families earning between 30% and 140% of the County's Area Median Income as defined by the U.S. Department of Housing and Urban Development, as adjusted for household size, on non -County -owned sites located within the Redevelopment Area. Land acquisition and development activities consistent with the character and scale of development identified in the Overtown Entertaimnent and Cultural District, as it may be amended from time to time. K. Development and growth of local, small business enterprises within the Redevelopment Area through grants or low -interest loans to, among other things, improve the physical plant of local businesses, finance the acquisition of machinery and equipment, and provide limited guarantees against losses to increase access to credit from local financial institutions. L. Support the implementation of activities identified within Overtown Youth and Children's Coalition Master Plan. 6. Redevelopment Area. The County, City and SEOPW CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area consists of (i) that area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii) that addition to the area approved in Ordinance No. , all as more particularly shown on that map attached hereto as Exhibit "A". 7. Base Values. The County, the City and SEOPW CRA agree that the assessed values of property for ad valorem tax purposes to be used in calculating the amount of tax increment revenues is: (a) with respect to that portion of the Redevelopment Area initially approved by the County and as described #61770050_A 260 on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982, contained the preliminary ad valorem assessment roll for 1982 prepared by the Property Appraiser of the County; (b) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No. 86-4, the value as of January 1, 1985 contained in the preliminary ad valorem assessment roll for 1985 prepared by the Property Appraiser of the Comity; and (c) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No.: , the value as of January 1, 20_ , contained in the preliminary ad valorem assessment rolls for County. 8. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual SEOPW CRA budget for the fiscal years prior to fiscal year commencing October 1, 2018. Notwithstanding the foregoing, the SEOPW CRA, in accordance with section 163.387(6), Florida Statutes, shall submit to the Miami -Dade County Board of County Commissioners for its approval its annual budget and any amendment thereto within 10 days after the adoption of such annual budget or amendment to the budget. 9. Waiver of Administrative Fee, The County agrees to waive the 1.5% Administrative Fee chargeable to SEOPW CRA for the life of the SEOPW CRA. 10. Overtown Urban Initiation Project Manal4ement Committee. Sections 1, 2, and 3 of the 1983 Interlocal Agreement are hereby deleted. 11. City Contribution. The County and the SEOPW CRA acknowledge and agree that the City has made all required contributions required by the City under Section 4 of the 1983 Interlocal Agreement. 12. SEOPW Projects. A. The County and the City acknowledge and agree that the SEOPW CRA has complied with its obligations tinder Sections 2 (a) and (b) of the 2010 Amendment with respect to the Camillus House Project and the Alonzo Mourning Charities, Inc. affordable housing Project. The SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment regarding Mama Hattie's House has not yet been developed and is included in the list of Incentive Agreement Projects. B. The County and the City acknowledge and agree that each of the SEOPW CRA Development Projects, including the Incentive Agreement Projects, do not require approval of any and all plans for development before contracts are entered into for constructions of each respective SEOPW CRA Developments, including without limitation, the Incentive Agreement Projects. 13. Reverter Lawsuit. The County, the City and the SEOPW CRA acknowledge that the Reverter Lawsuit has been resolved, Block 45 has reverted to the County and that Block 36 and Block 56 are no longer subject to revert to the County. 14. CRA Indebtedness. The SEOPW CRA may elect to issue bonds and/or incur other 4 96177005o v4 261 indebtedness required to finance, as necessary and appropriate, its contribution to the SEOPW CRA Projects including the Incentive Agreement Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2042. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuance or indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this Amendment and applicable law, including section 163.358(3), Florida Statutes. 15. CAP ON ADMINISTRATIVE EXPENSES. The SEOPW CRA agrees that administrative expenses of the SEOPW CRA shall not exceed 20% of its overall fiscal budget. 16. Procurement Requirements. In accordance with section 163.370(5), Florida Statutes, the SEOPW CRA shall procure all commodities and services under the same purchasing processes and requirements that apply to the City. The SEOPW CRA confirms to the County and the City that SEOPW CRA has adopted the City's procurement procedures to be utilized by the SEOPW CRA for procurement. 17. Community Benefits. A. The SEOPW CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the SEOPW CRA for new or rehabilitated commercial and residential developments entered into after the Effective Date within the Redevelopment Area may, to the extent allowed by applicable law, include the following provisions: (i). Require hiring from the labor workforce for such project from residents of the Redevelopment Area that are unemployed or Colder employed, to extent feasible. (ii). Require compliance with the wage requirements of Section 2-8.9 of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, as are feasible. B. The SEOPW CRA agrees it may include in all community benefit agreements with entities or contractor receiving grants of $1,000,000.00 or more executed after the Effective Date to require such entities or contractors to comply with the following Miami -Dade County ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-8.1.1.1.1 of the Code) (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) (iv). Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code) (v). Living Wage Ordinance (Section 2-8.9 of the Code) 18. Inspector General Review. The County shall have the right to retain, at its sole 5 #61770050_v4 262 cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20. Upon written notice from the County, the SEOPW CRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction. Additionally, the SEOPW CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed SEOPW CRA's contracts, transactions, accounts, records, agreements and programs at a minimum annually audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the SEOPW CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. 19. Recovery of Grant Funds. The SEOPW CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "clawback" provision that will require the SEOPW CRA to "clawback" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with SEOPW CRA by demanding repayment of such funds, in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. 20. Safeguards for Resident Displacement. In the event the SEOPW CRA funds a redevelopment project authorized by the Amended Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the SEOPW CRA shall prepare plans for and assist in the relocation of such persons, including malting any relocation payments under the Act and applicable laws and regulations. Further, the SEOPW CRA shall make or provide for at least a "one -for -one" replacement of each affordable housing unit demolished pursuant to a redevelopment project to ensure that such demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this requirement shall not apply to substandard affordable housing that has been declared unsafe by a governmental entity and subsequently demolished. The SEOPW CRA shall ensure that individuals and families who are displaced from affordable housing units have a right of first refusal to return to comparably priced affordable housing units located within the Redevelopment Area. 21. Affordable and Mixed Income. The County acknowledge and agrees that the SEOPW CRA Amended Redevelopment Plan includes a housing component that serves an income mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%) of the area mean income, as defined by the U.S. Department of Housing and Urban Development and the County acknowledges that the Amended Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons over fielding of non -housing projects. 22. Annual Budget. The SEOPW CRA agrees to include in its annual fiscal budget a description of expenditures made by the SEOPW CRA for affordable housing projects during the previous fiscal year and a statement of anticipated expenditures for affordable housing project in upcoming fiscal years, if applicable. 6 #6177o050_v4 263 23. Ethics Training. In accordance with section 163.367, Florida Statutes, the officers, commissioners, and employees of the SEOPW CRA shall be subject to part III of chapter 112, Florida Statutes, and the Board of Commissioners of the SEOPW CRA must also comply with the ethics training requirements as imposed in section 112.3142, Florida Statutes. Accordingly, the SEOPW CRA agrees that all members of the Board of Commissioners of the SEOPW CRA, staff of the SEOPW CRA, members of advisory boards of the SEOPW CRA and staff such advisory boards shall be required to complete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust. 24. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 25. Governing Law and Venue. This Amendment and the Agreement shall be construed in accordance with and is governed by the laws of the State of Florida. Any claim, dispute, proceeding, or cause of action arising out of or in any way relating to this Amendment or the Agreement, or the parties' relationship, shall be decided by the laws of the State of Florida. The parties agree that venue for any of the foregoing shall lie exclusively in the courts located in Miami -Dade County, Florida. 26. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 27. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the SEOPW CRA (the "Effective Date") 28. Time of the Essence. Time is of the essence in the performance of this Amendment. 29. _Third -Party Beneficiaries. There are no third -party beneficiaries to this Amendment. The parties expressly acluiowledge that that it is not their intent to create or confer any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of this Second Amendment. 30. Severability. If one of more provisions of this Amendment shall be held contrary to any provision of law or be held invalid, then such provision or provisions shall be null and void and shall be separate from, and have no effect on, the remaining provisions which shall continue to be legal and valid. 31. Counterparts. This Amendment may be signed in counterparts. Facsimile or electronically transmitted signatures shall be deemed for all purposes to be originals. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 7 1/61770050_v4 264 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, a municipal corporation of the State of Florida By: Arthur Noriega, V, City Manager ATTEST: By: Todd B. IIannon, City Cleric Southeast Overtown Park West Connnunity Redevelopment Agency, a public body corporate and politic By: James McQueen, Executive Director ATTEST: By: Todd B. Hannon, City Clerk 961770050_ v4 265 Miami -Dade County, a political subdivision of the State of Florida BY: Daniella Levine Cava Mayor HARVEY RUVIN, Cleric By: Deputy Cleric APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY: By: Date: Terrence A. Smith Assistant County Attorney Exhibit "A" Map of Redevelopment Area 10 #61770050_v4 267 Exhibit "B" Name Ten Museum Place 1040 Biscayne Boulevard 900 Biscayne 900 Biscayne Boulevard Marlin Blue 824 Biscayne Boulevard 600 Biscayne 666 Biscayne Boulevard 215 NE 6 Street Marquis 1100 Biscayne Boulevard Marquis West 127 NE 11 Street Paramount Park 700 Biscayne Logik Tower 530 NW I" Court Block 56 161 NW 6Ih Street Folio 01-0105-060-1010 Folio 01-0105-060-1030 Folio 01-0105-060-1040 11 #6177oo5o_v4 268