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HomeMy WebLinkAboutCRA-R-21-0019 Exhibit BMIM ! COMMON �[ Red volep out Avena �yiihta.5i •:'VEN�''T'Y73 �vi11 WES EXANI KhV4-fUil h"ENT W-PTXl1 k hKNOw.y RICHARD P. DUNN Il SFOPW Board Chair Via Hand Delivery April 1, 2010 Melissa Tapancs Llahues, Esq. Bercow Radell & Fernandez, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 LAMES H. VILLACORTA Executive Director RE: Memorandum of Understanding between the CRA and the City of Miami Dear Ms, Tapanes, Enclosed please find two (2) fully executed originals of the Memorandum of Understanding between the City of Miami and the CRA regarding Increment III of the Southeast dvertown/Park West Development of Regional Impact. Should you have any questions or concerns, please feel free to contact me at (305) 679-6807, Very truly yours, S. Watkins, Esq. Staff Counsel Enclosures c: .lames H. Villacorta, CRA Executive Director Chelsa Arscott, CRA Program Administrator SOUTHEAST OVERTOWNIPARK WEST, OMNI REDEVELOPMENT DI5TRCr, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES 49 N.W. r Street, Ste. i0o 1 Miami, FL 3312B 1 Telephone: (305) 679-WO 1 Facsimile (305) 679-6835 Email: cra c'. [ami.n.us./Webslte:w%vw.miaml-cm.cfg MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MIAMI, FLORIDA AND CITY OF MIAMI CONmuNI'I'Y REDEVELOPMENT AGENCY REGARDING INCREMENT III OF THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT THIS MEMORANDUM OF LINDERSTANDING ("MOU") is entered'into this day of March, 2010, by and between CITY OF MIAMI COMI UNITY REDEVELOPMENT ACzENCY for Southeast Overtown Park West ("SEOPW") ("CRA"), and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the Stag of Florida (" City"). WITNESSETH: WHEREAS, the City of Miami adopted Resolution No. 88-110 approving the Master Development Order for the Southeast Overtown Park West ("SEOPW") A.reawide Development of Regionai impact ("DRI") on February 11, 1988; WHEREAS, the City of Miami adopted Resolution No. 88-111 approving the SEOPW DRI Increment I Development Order, including land uses and gross square footages, on February 11, 1988; WHEREAS, the City of Miarni adopted Resolution No. 92-609 approving the SEOPW DRI Increment II Development Order on September 24, 1992; WHEREAS, the City of Miami served as the developer and applicant in the Master Development Order, Increment I Development Order and Increment E Development Carder; WTUMEAS, the City of Miami Community Redevelopment Agency was established in 1995 following approval of the Master Development Order, Increment I Development Order and Increment II Development Order; WHEREAS, Chapter 390.06, Florida Statutes, provides certain considerations for general purpose local governments acting as a developer of an Areawide DRI; NOW, THE, REFORE, in consideration of the mutual covenants and promises contained herein, the parties understand and agree to the following under the subject terms and conditions; Section 1. The City of Miami and the CRA shall serve as co• -applicants in all applications, agreements and documents related to the application for development approval (ADA) for Increment III of the SEOPW DRI. Section 2. The CRA shall be solely responsible for .all costs, expenses, fees, charges, levies, and lawful impositions or levies of any land associated with the ADA for Increment III of the SEOPW DRI, including, without limitation, all application fees and consultant costs. Section 3. The City of Miami acknowledges that the CRA commenced work related to Increment III of the SEOPW DRI on or around September 8, 2008. This work has included retention of consultants; community outreach; discussions with stakeholders and governmental agencies, including representatives from the Southeast ©vertown and Park West neighborhoods, Miami Worldcenter Group, LLC, City of Miami planning and zoning staff, and South Florida Regional Planning Council staff; as well as creation of the proposed development program and related mitigation strategies. The City of Miami acknowledges and accepts that the ADA for Increment III will propose the development program attached hereto as Exhibit A. The proposed development program will be considered through the public hearing process by the City of Miami and/or its boards, departments or agencies, acting in their governmental capacity in the exercise of the police power under the City of Miami's jurisdiction. Section 4. The CRA represents, warrants and agrees to indemnify, defend and hold harmless the City of Miami, its elected officials, agents and employees, harmless from any liability, cost, fee, expense, liability, judgment, decree, imposition, levy, action, imposition, assessment, damage or claim of any nature or kind arising from of the processing of the ADA for Increment III of the SEOPW DRI, Section S. The Parties agree to cooperate with each other to the full extent reasonably practicable to process and obtain approvals for Increment Ill of the SEOPW DRI. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this understanding. The City shall use its best efforts to expedite to the extent reasonably practical the requests from the CRA to the extent permitted by law. In addition, the City Planning Director will designate an individual within the Planning Department who will have a primary (though not exclusive) task to serve as the CRA's point of contact and liaison in order to facilitate expediting the CRA's requests. Section 6. The Parties hereto recognize and agree that the processing and approval of the ADA for Increment III of the SEOPW DRI -requires the City of Miami and/or its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City of Miami's jurisdiction under the police power. Nothing in this Memorandum of Understanding shall be construed to prohibit the City of Miami from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the SEOPW DRI. Tids Memorandum of Understanding does not in any way constitute an approval of Increment III of the SEOPW DRI. Section 7. This MDU constitutes the full, complete and final Agreement between the parties as to its subject matter. It may only be amended by an approved amendment signed by authorized officials of the respective parties. This MOTJ supersedes all prior and contemporaneous oral communications, contracts, memorandums, writings or other exchanges between the parties as to its subject matter. Section ,8. This Agreement shall have a term of three (3) years from execution or when Increment III of the SEOPW DRI is approved, whichever occurs first. 2 Section 9. All noticed pursuant to this Agreement shall be in writing and shall be delivered by hand or by the United States Postal Service, certified mail service, postage prepaid, return receipt requested, addressed to the following addresses of record: FOR THE CITY: City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 With copy to: City Attorney Miami Riverside Center 444 S.W. 2nd Ave., 9th Floor Miami, Florida 33130 FOR THE CRA: Executive Director City of Miami Community Redevelopment Agency 49 NW 5th Street, Suite 100 Miami, Florida 33147 With copy to: Jeffrey Bercow, Esc}. Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 NOW, WHERE'OF, the City and the CRA have caused this Memorandum of Understanding to be duly executed. SIGNATURES TO FOLLOW • N CITY OF MIAMI, FLORIDA By: Carlos A. Migoya City Manager Approved as to Legal Farm: Julie Q. Bm, Esq., xty Attorney ( Planning Director Date, �! / 6 CITY OF MIANII CONY REDEVELOPMENT AGENCY By: awes Villacorta Executive Director Approved as to Legal Form: Esq., CPA Special Counsel is Date: n EXHIBIT A n LJ