HomeMy WebLinkAboutR-02-1334J-02-1138
12/12/02 �j
RESOLUTION NO. IJ 0
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND THE MODEL CITY
COMMUNITY REVITALIZATION DISTRICT TRUST, TO
ALLOW FOR EFFICIENT AND EXPEDITIOUS
IMPLEMENTATION OF THE GOALS AND DUTIES OF
THE TRUST.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorizedllto execute an
Interlocal Agreement, in substantially the attached form,
between the City of Miami and the Model City Community
Revitalization District Trust, to allow for efficient and
expeditious implementation of the goals and duties of the Trust.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
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 Code
provisions.
21 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten 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.
A T T A C 11 m Ein, T
CONTAINNIQU
CITY COM24MOM
MEQ CE
DEC 1 2 2002
��-1 .14
PASSED AND ADOPTED this 12th day of December
2002.
MANUEL A. DIAZ, MAYOR
In accord,:. ce with Mi:7rni Code Sec. 2-36, since the Mayor did not indicate approval of
tfti . <<'�C': <:,01- l,;r v;i;jnigg in the designated place provided, sa'-; legislation note
h+=c;,',r - a effective with the e?apse of ten (10) days from the date of commission action
re ga Mg sage, without the Mayor exercising a vote.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
AN O VILARELLO
CITY,/ATTORNEY
7027:BSS
C�
Priscilla A. Thompson, City C rk
AND CORRECTNESS:EI
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MAR -10-2003 16:30 CITY CLERKS OFFICE 305 858 1610 P.02
INYTERLOCAL COOPERATION AGRVEMENT
THIS INTERT,OCAL AGREEMENT CAgreem.ent") dated the da3, of
2002, betwcon the City of Miami (the "City"), a municipal
corporation organized under the laws of the Stale of Florida, having off.crs at 444
S.W. 2nd Avenue, Miauu, Florida 38128, and the Model City CammlXn i i.y
R.rvitalizati.on District Trust, a limited agony and Inst nmentality of the City ( the
IATIThTESSETH
WHEREAS, with the adoption of Rceolution No. 99-429, the City approved
its live -Year Consolidated Plan (1999-2004) outlining, its proposed use of funds
received bom the U. S. DepartxnvaL of liousing'tw.d'Urban Development approvod
the establishment of the Model Cif -y IIomaeownershop Zone; outlined various
huusiug and community revitalization strategies; and proposed uses of the funds;
and
WHEREAS, the Trust waR created by the City to ensure: I,iie City'a short-
term, intermediate and long-term revitalization goals fur the Model City
Neighborhood can be implemeMP11 C-Uwipeditiously and effectively; and
WHEREAS, R i5 the (purpose and intent of this Agreement to permit and
authorize the City aad the Trust to make the most efficient, use of their respective
powers, resources, audLaxity and caJpabilitses by enabling thein to cooperate on tho
bases of mutual advantage and thereby achieve the results provided hereby
pursuant to Section 168.01, Florida Statutes, known and referred to a5 the Florida
Interlocal Cooperation Act of 1.9(19 (the "Cooperation Act*), and
WHEREAS, it is the ]purpose of the Cooperation Act that the City and the
Trust is to provide a means where the City and the Trwst mayexea'cise collectively
their powers, privileges a»d authority; and
WRTRIiA.S, the boundaries for the Model City Revitalization District (the
"Revitalization District") are the contiguous area bonndnd by Northwest 71s4 Street
to the. Nortli, State Road 112 to the South, I-95 to the. East and Northwest 17th
,Avenue to the West, and the non-contiguous area of Northwest 171-1' and 49th
Avenues between Northwest 58"' Street and State Road 112, all in Miami, lffi
Dade, Florida, and
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MAR -10-2003 16:30 CITY CLERKS OFFICE 305 858 1610 P.03
jArjE[]EREA,S, it is necessary and upp,-opriate for the parties to pravide for the
cooperation for the undertakiuq mad carrying out of the redevelopment. of the
Mvitalization Dik.Lryct, and for the parties to coopexate and jointly. proc:.PI'A ace
provided herein.
NOW, THUREFORE, in cousideration of the mutual covenants find
agreements of M.he pardea, and in order to set .forth the righte, duties and powerq of
the parties for Lhe purpose of implementing the foregoing, the City anal the Trust
hereby covenant and ag, as follows.
ARTICLE I
AUTHURM
Tlv,s Agip-,Rment is entered into purstiani, to and under the authority of the
provisions of the 0,,00pesation Act of 1969, Section 163.01, Florida Statutes, as
amended; the Municipal Home Rule Powers Act, Pout T of Chapter 166, Florida
Statutes; the Charter or the City, and other applicable provisions of law.
ARTICLE 11
DEPINMONS
The terms defined in this Article shall have the fol o-aring meanings for
purposes of this Agreement when initially capitalized herein:
"C onperation Act." moans Section 163-01, Plorida Statues;
"Aereernent' means this Interlcxtrtl Cooperation Agreement, including any
exhibits hereto, as the same may be h reaftPr amended from time to 'Gime.
"City+" means the (7ity of llfiami, Yierzda, a municipal corpmailou organized
under the laws of the Siat,- of L'lorida, and any successors thereto or a.,�Kiga thereof.
"I)eurlr pment Projects" mean the pilot prorjectq established by the Trust
Board to revitalize the _Model City Neighborhood or the Revitalization District as
agreed upon by tlie. City and'1'rust.
"Effective Date" means the date as determined by Section 16.6 and hereof
on which this Agreement becomes eftetive.
"Expiration Date" imNauti the date on which this Agreement terminates bl,
its own terms as provided in Arl.icle M hereof.
"Fiscal Year`means the fiscal years of the City corr►mroring on (ktober 1 of
each yPAr and ending on the next succeeding September 30 or' uC11 crlher fiscal year
a.. ur.ay, be P-itahlirihed bylaw.
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'`LaIUD Funds" rusan grants of moneys the (;itY receives from Lime to time
from tlae Onited States T)epartment of Housing and Tirhan Development, ,iucloding
but not limited to eonununity development block grant funds (CDBG Fund-"),
hT0Mli investment ParLaership ("HOME Fun(W), inrluding such other similar
rurnds, and auv direct Cougr.essioned or Legislative apprap11ations by the US
Congress or Flo=da Legislatuxe.
"H -UD Plan" means the Five Year Consoliclxted Plan, adopted by the City in
August, 1999, pursuant in Resolution 111o. 01-160.
"Mavr-er Plan" mcg the plan Iar redevelopment of the Revitalization
District, as provided for iii Article X hereof.
"Park Blind Funds" mean grants Of moncyE the City receives from time to
time from Muni Dado County We Neighborhood Park Bong issoerl for capital
i_mprovetuents for existing parr in the City.
"Public Improveme.rdq" mean the capital projects constituting public
infrastructure to serve the Development Projects.
"Revitalizulion D atrici' or "Mode[ City Neighb(,r•hood" means the Model
City Community Revitalization District, specificaBy that purf.ion of the City which
is located at the cunlignameq area bounded by NorthwesL 71rt, Street to the North,
State Road 112 to the South, 1-95 to the East and Northw"L 170+ Avenue to the
West, and the ren-coni..iguous area of Northwest 17aL and 19TH Avw.num between
Northwest 58th Street and StaIA- Road 112, in the City.
"Trust Bnard" means the seven member body designated by the City to
serve as govern.i.ug body for the Trust.
"Trust" means the Model City Community Revitalization District 'Bust am
provided for in Division 1, Article I. Gomuuuiity Tbmtalization Districts of Chapter
12 of I.he City Code. as now or hereafter amend.
ARTICLE III
FUR OSE; COOPERA'T'ION
flection 3.1 Yurpojag. The City and Trust acknowledge and agree that
the purpose of this tWreament is to set furtli LhP rrx,perative relationship between
the City and the TYust, the reepective duties and obligations thereof and the
lur,cedures to be followed by the parties hereto for Lhr 1 -planning and car m. Agz out
[hp City's revitalization effort;, for the redevelopmeaL of the llevitalizataon District.
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MAR -10-2003 16:31 CITY CLERKS OFFICE 305 858 1610 P.05
Section 8,2 Pledge of Coo nors�n_. The (:ity and the Trust reeugnire the
necp&nty of working c:luseiy and coordinating with each other in order to e5ectuatP
die intent of this Agreement. Therefore; each Party pledges hereto agree to
crx)perate and assist earh other in faccilitatiug the redevelopment of tilt,
Raviimliiation District in a manner consistent the Master Flan. To facilitate the
redevelopment of the Revitalizal.inu District, the City and Tnc,st. will undcrtake, or
c::ausee to be undertaken, Development Projects comprising a comprehensive
appru=h to redeveluaing the Revit.aliz,ation District and pruviding a qualitv
environment fnr raising families. Subject to the availability of funds, the
Development Projertg may include, but not bP limited to:
( a) Public improvemruts rnmgist of streets, sidewalkx, water and eewer,
11.n(jer&ound utilities and other infrastmiriure improvements.
¢)) Construetaon or renovation of single and multi. -family hnuues to facilitate
home owue,sliip qpportunzties;
(c) RvvitaliZAtSQn of the commercial curridors;
(d) Creatim of a neighborhood Ouue; Stop Cxuter fcrr job training, plaaememt
assistance, homeowxlership training and counseling, and oilier n"ded sodal services;
(e) Facilitdtiun of the construction andlor creation uP x Magnet School in
TcchnoloW;
(f) CreatiOn of " vgeu;graPrl spaces", including but nut limited tr, walking
and bicycle trails; a neighborhuud park(s) or park improvementslexpansions; and
other recreational amenities;
(g) Facilitation of the construction of a lmstal facility;
(L) T;Stablishment of a community cenl,er;
(i) A�,ist in the coordination of a fW1 service healthrare facility:
(k) Construd-iol l of a neighborhood NET offliee;
0) Pxwervation of hintoxical properties;
(xn) Other facilities as agreed upon by the City and Trust -
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ARTICLE IV
POWERS OF TRE TRUST
Sectiun 4.1 ,shots. The tru,9t shall exercise the lac,weis and duties as
proviJYd in Sections .12.5-26 throaeeh 12.5-39 of the Code of I.he City of Miaini,
Florida, ms amended, and as provided within this Agreement.
ARTICLE V
SERVICES, PFILSONNEL AND RESOURCES TU BE PRO171DED BY CITY
Section &I Saanc 015erviegs. ME,. City shall provide the Tr»Rt with the
£ollowiaC office space, continued XULLUkipA1 services to the RevitalizAacin District
and Iimrwssional and support services, as needed to facilitate the redeveMinuent of
the Revii.aliaation Distinct. However, the City'- provision of such prufessionel and
support services do not prohibit the Trttst frnm hiring or contracting for such
services, ur a portion of such services, from perions who are not employees of the.
City.
a. General administration and coordination services including but nut
limited to providing administrative, purcbesing and procurement.,
information technology, technical and -,eexetanal services.
b. Engineering servires implementing public improvements .including but
not limited to preparxi.irin of right-of-way claps, appraisals, acqui;4ition
of right-of-way, road cleRign, construction and inspection.
C. Financsi.al wrvices including but not liudLed to the Finance Director
serving in a fiduriary capacity ae Treasurer &r the Trust; fin=ial
reporting; paying bills; investments; prep4ration of manar.ment
reports in coordination with the President of the Trust; rwancial
management of Trust funds; management of all debt including loans,
bonds and notes, advice regarding debt and placement services; lease
payment and colleetiuns; budget preparation and management in
coordination with the President; auditing and grant financial
management.
d. Plowing servires including but not limited to support services and
studies; coordination of amendments to zoning and plannictg
ordinances for consiste,tcy with any approved redevelopment activities;
asEdstance in the review cif -ny proposed Development Projects;
preparation of presentations and data as needed by the Trust; and
routine updates io the Tru,t on data consistmC of demographics, land
use trends and related pianniuk; support services.
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c. City Clrrk services indudiug but not limited to the City Clerk, or the
City Clerk's designee, serving as Clerk of the Vast,, n,aintainma and
keeping of records of the Trust; xding as Soeretary of "Wrtings of the
Trust and rerording all votes; keeping a journal of the ptiv reedings of
the Treat; power to certify all neep.mary certifications u(' records of
official proceediugq- Any costs incurred in the Clerk's delivery of such
3crvices shall by p rovided by the City to the Trust.
f. public s,Afety services pro'vid'ing for the implementatiu>x of a community
policing prngram 'by the City. Pul ice Department and any of hex public
safety servir'Pr, deemed necessary by the Trust and City.
U. Legal services shall include but not be limited to servicea as counsel,
unless the 'lkust otherwiKr select~ a counsel; however, nothing herein
prnhibits the Trust from obt;+ining apecial counsel.
h. Municipal Service•~ and public improvem.enLs to the Revircalization
Distdct and as needed for redevelopment
i. Office ,ipane shall be provided in the Hadley Park — Carrie P. Meek
Senior C-`il,i,ens and Cultural Center, 3850 NW 6" Street, Miami,
Florida, uotil such time as the other spanses have been constructed or
obtained to hous,P the operations and employees of the Trust.
Section 5,2 T3se at City Peron el.
(a) The City hereby agrees, to designate the raty employees listed in
Exhibit _ to serve as fall-tiTTIP staff to the Trust fon the program management,
planning, coordination, technical amistance and other services needed tr, carry out
said undertake the Development Projert, of the '1knwt. The City MHuager, or his
de-mignee, is hereby authorized to provirit-, on the request of the Truml. for the
detail; rig of full -tame and part-time City employees from various departments of the
City fur ,wifvice to the Trust. Such exuployeps, shall be deterwined &Ung the
annual bnrlget planning session, and the fiili-time employees shall be outsourced to
the Trust, at the beginning of each fiscal year.
(b) For any employees submitted to be full-time employe (if the Trust,
other than the president, the City 'MAnger, or his designee, shall submit such
names, educational background and work experiences of employees to the President
fm• re dew and confirmation. Should the p reiddent determine a city employee does
not Pnmess the necessary educational, prufe srional and/or technical background or,
expprience to perform the duties of the assigned job, the City Manager, or him
designee, shall submit another employee name to the President to fill the position.
E
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MAR -10-2003 16:31 CITY CLERKS OFFICE 305 858 1610 P.08
(r) The City empioyetax designated to serve us fu 1 [-time etaff to the Tru 5t,
shraU confinue to receive all the bienefits provided to other City- employees related to
their employment with the City, exmpt that the day-to-day duties and supervision
of the empluyeas shall be determined and provided by the Trust. Such employee:
shall adhere to any City Talcs and rerAatinnss regarding employmFstt.
(d) The City shall further provide the TrusL with the assistance of any
otlier City employees, on a part-I.inie basis, for the provision of services Co the TYu,4i
Oil a project -lay -project basis, nl,un the approval of the City Manager, or hie
designee_ !n furtherance of this provision, the City, ManagNr• and Trust shall agree.
in writing, nn the general scope of the services to be provided by such City
employfws,- however, the final approved of such services shall be within the City
Manager's sole. discretion. The work perfurwed by such part-time employees for the
Trust shall be undex the direction and supervision of the Traet, unleab other wise
decided by the City Manager with the Trust.
(e) The City shall provide the services of any full-time us, part-time City
employee without any charge to the Trust. In Iturtherance of the above provisions
alloca6ag city -employees on a full-time ur pa t -time basis to the Trust, the. City and
Trust slimll enter into a separate agreement,, if ra uared by the City Manager. Such
agreement shill comply with the provi.tdons of Section 112-24, Florida StaWt", as
now or hereafter amended.
Spetion 5.8 �,ie rn or Recall of P.Tn Loyees. The Trust map reg a rn any full-
time. employee to the City, with or without cause, within sixty (60) days after
pmvirling wxitten notice to the City Manager, or his demgnee, whether or mist. the
Pity lsxs identified a position for such employee. The City may recall any £all -Lime
employeN ossigned to the Timst, within sixty (60) days of providing written notice to
the Presiden t.
.Section 6.4 Select QQ ofunsrrltants and Utb.0r Proftssionals of Trust
The ZYust is hereby authorized W em -ploy or contract with such persons, and
consultants that it deems appropriate, and to determine thea qualifications.
ARTICLE Z'1
LAND ACQUMi'1'ION AND RELOCATION FOR REDETELOPN'IENT
Section 5.1 Aoauisitign and Tra rmfer of City-ommed Properties. The City
has commenced Predevelopment activil,iFs in the Revitalization District; including
the land assembly and relocation activities, with the assistance of City employees
.".
and outside profossional services necealy to perform legal., ar-chite-ewral,
infraatrucLu�re, environments] assessinenL and other services to expedite and
facilitate the redevelopment.
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MAR -10-2003 16:32 CITY CLERKS OFFICE 305 858 1610 P.09
(a) All city -owned propertSeS within. the RelritHlivatiou District, with cleku
title, shall be transferred fi om the City to 4he Trust within thirty (30)
days of the execution of this Agreemcxtt.
(b) Other city -owned propertie8, or properties later acquired by the City:
shall be transferred to the Trust within thirty (30) days of the City
ohfidning clear title to such properties.
9retiou 6.2. AotinisltiOu of Uther Proyertira. Other properties shall be
acquired by the City, by eminent domain or other weans, upon the request or She
Trust.
Section 6.3 Maiutprtance of Progertie% U t�'L-I'ransferrerl to Trtud The
City shall maintain all vacant lands, houses xnd buildings acquired by the City,
until such time as the prupowties are transferred to the Trost.
Section 6.4 Reloca. tion .'ass &Nt. The Trust will prepare plans Por and assist
in the relocation of any persons (inclu&ug individuals, families, busia]P,.As concerns,
nonprofit orgxm,.at;ons, and others) displavv.d due to the redevolopm.eut activities in
the Revitalization District, and to make rehn:a.tion payments to or w6th re.9pect to
such persons for muving expenses and losses of property for which reimbursement
or compensation is nut otherwise made, includiaff the making of such paymenl.5
financed by the Federal. Cn,vernment.
Section tl.a Reiurn.of.Anv Suralus or IInuged Props s. Should any
properties provided by the City to the Trust not be used for any redevelopment
activities or the Development Projects, the Tnist shall return such properties to the
City upon the dissolution of the Trust.
ARTICLE VU
PAYMENT OR ADVANCE OF PUBLIC T'VNDING
Section 7.1 Feuding of Trusts. The City rihall make yearly appropriations to
the fund the general operations and development activities of the Trust, unless
Otherwise agreexl upon by the City and Trust, ax fullows_
(a) Gem
jaLQparatiTwEjq-w.zLv The City shall fiend the general
operating mensee of the Trust Fund. Such onenses may includes but not be
lialited to the benefits and salary(ies) of executive staff and ovearhead costs as
equipment, supplies, security, utilities, enxiutenance and insurance. The City will
provide, the Trust any and all Snancial support to zeimburso City employes- For
Fel
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MAR -10-2003 16:32 CITY CLERKS OFFICE 305 858 1610 P.10
Fiaeal Year 2002-03, the City shall appropriate the amount of
and 001100 Dollars ( �) for suci,
expenfieS_ Eech Fiscal Year' il�rseafter the Trust and City, through the President
and City Manager, shall provide for such a Menees taking into account any inavasr
costs related to such cSpenses.
To facilitate the funding of general operating expenses of the Trust. the City
may use HUD Funds, spemacaliy Community Developn,mnt Bloch Grant Funds
(CI)BG Funds) to supplement a,oy operating expenses.
(b) Park Firuzd ZLnda. Park Bond Funds in the amonnl, of
and 001100 Dollrus ($ shalt lie
provided to the Tnisi, beginning in Fiscal Year 200.,:-U— for the purposes
developing' "open/greeir spates", including waldng and h.ildng trails, park facilities
and other recreational airenitiea. The Trust may use Kuch funds to develop such
"open/spaces" itself or Lu provide to any developer sWw.--1ed to develop any.
Development Project, provided the developer use such funds to dt+.vrlop `open/green
space." any part of the developer's development activities.
(c) �izfras .r,u:iure I+UaLds. The City shal1 provide, the necessary funds to
facilitate all necessary irnfra,trueture improvements for the Development Projects.
An amount of $10,000,000.110, from the Homeland Defense Bund Initiative, has
been allocated by the City to the Trust for the necessary infrastrLLE;LUrP and public
improvemeate, specifieallyfor the homeownership area. Subsequent infrastructure
funding shall be allocated by the City, after the future infrastraebire needs and
cusLs for the Revitalization District have been identified by Craven Thuinpson d�
AsmwiaLes, a consultant to City and Trust
(d) Other Federal. ,Stnte or Q&wral Tc.s. All funding activities which
have boon approved by the City for the 'bust, and what the City would have
normally provided to the Revitalisation Distriet, will be continued to achieve the
Purposes of the 'llx- e , including but nnl, limited to:
(1) All fedexal or HUD funds allocated in. City Resolution No. 01
160, attached and incorporated hereto; shall be held for use of
the Trust. The Trust shall provide the City with receipts and
invoice*i for the reimbursement of Such fuudls to the Trust.
(2) All of the remaining yearly allocation of. Home Investment
Partnership (HOME) Program funds as provided for in
Resolution Noe. 98-80U and 01-159, attached and incorporated
(3) Subject to approval by thr. ITS Congress, the City has approved
that any and all unspent. Ser -tion S funds shall be held for the
use and beueft of the 1rusa;, as provided in Resolution No. 02-
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MAR -10-2003 16:32 CITY CLERKS OFFICE 305 858 1610 P.11
1G0_ 1Tpon approval, such f»nds shall be used by the Trust to
provide down payment assistance for homeowaersliip, second
mortgages and to cover other housing costs.
(4) ThP City's funding for hist-tmae home buyers and first-time
home buyers single ffanily rehabilitation protrams shall be
made available, as a City priority, for funding'eligible loprsons ]n
the Revitalization District.
(5) In regards to the ulinve funds, the City shall p-mvide the Trust
with a Fund Cash Balance Report ou a quarterly ba.SIS.
(e) Ittrrent;ent R?Lwjtupg. 'Phe City agrees to appropriate 50% of the
difference between the amount of ad valorem taxes levied Narh year on real property
within boundaries of the Rrevitaliz-aGon Iligtarict and the amuuut of ad valorem taxes
which would have been produced by the tax levied upon the total assessed value of
he taxable L*al property it the R.evitabmilon District prior to the effect date of this
Agreement.
The above funds shall be allocated to and deptwited in the Model City
Trust Fund as provided for iu Spchon 7.2 hereof, to be used by the Trust to finance
arty redevelopment undertaken pm-suant to tho Master pia._
Sootion 7.2 Establishment 7,`rust Fund. Tb a City does hereby conseu t an d
authorize the Trust to R.hp full and complete control and rustody of moneys collected,
approved, provided fur and authorized for the Trust by the City, a private source or
any other governmental ea-itity. Such moneys shall be tit -posited with a fiduciary as
deterni-vaed by the Trust.
The City', Departments of Managwnent and Budget and Finance shall
continue to provide.. all services and support relatM to the keeping, m2na,emeiit,
handling and budgeting of such funds as determined by the 'frust. however, U) k,
Department of Fiufuice xhall emate a Model City Trust Fund, separate and distinct
from other city funds, fmr the receipt, keeping, management, handling and
budgeting of funds of the Trnq, until such time as the Trtirt identifies a fiduciary.
ARTICLP Vlll
AC0.[)UNTAl31LTTY FOR FUNDS
Seetion 8,1 Aunual, Audit_1{equirad. The 'I`rux!- shall have performed yearly aia
annual independent audit of all disbursements and twvipts of its funds performed
by a certified public ar..rauntant, as required by Section 12.5-35 of the Code of the
City of Miami, Florida. The annual audit shall be m npleked and presented, to the
Mayor and City Cum mission pxior to March 31 of each year.
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MAR -10-2003 16:33 CITY CLERKS OFFICE 305 058 1610 P.12
Section b.2 Rnnnrts Ast Rwauested by City. The Trusi shallprovide an annual
report with the audit as required herein. Other repurLS as i-rquemted by the Cit)-
shall be provided by the Trust
Section 8.3 Cuu rRtia tth Anv Audit Y3equw,t<� l''ram City. The Trust
shall cooperate with Lhe Pity* relative to any audits of fu lldi provided to the Cit.'
which wore budgeted ux allors,ted to the Trust from any fedPra], State or local
agency.
ARTICLE TX
GRANTS, CONTRTBUTIONS OR OTHER FUNDS
Section 9.1 Pursue Gr tit. ()nnort-uniti0si. The Trustmay geek and receive
grants and other finding from federal, state, local and private sources to facilitate
the Development Project. The City shall provide the Trust will atiy assistance
necousary to obtain any grant nr other funding identified and sought Iiy the Trust,
as appropriate.
Section 9.2 Fundraising Initiatives. The Trust may institute other
fundraiving iuiGat.ives or capital caxrpaigns designed to max];et and solicitfinanciO
support fur Lhe T)Pvelopment Projects.
ARTICLE X
DEVELOPMENT ACTIVITIES .AND PROJECTS
Section 10.1 Preparation of Master Plau for Revitxliza inn Dixtriet. A
Master Plan shall be prepared for the redevelopment of the ReviL07-Atinn District,
by the Trust. The Master Plan, and any subsequent m
amendents, shall be
presented Lo the City Commission for concurrence or ratiticmilon, prior to
redevelopment.
Section 10.2 Consultants or Developers. The Trust mhAll formulate a program
fur utilirang appropriate private and public resources to rkilitate the redevelopment
of the. Revitalization District.
(a) Any consultants previously retained by the (,ity to facilitate the
redevelopment of the ReviLalication District shall continue to provide
services under any existing r,greement until such agreement lapses or
terminated by the Trust_ Subject to 11m discretion of the Trust, any
agreement may be renewed on Lhe terns, and conditions as dctormined
by the Trust.
11
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MAR -10-2003 16:33 CITY CLERKS OFFICE
305 858 1610 P-13
(b) The Trust may invite proposal• from private developers, non profit
organixmi.;.ons, or any persons interested in underLaking to redevelop
or rehal,ilitate the Rev1italiZatinrL District or any part Lhered.
(e) The services of consultant$ or developers sball be obtained by use of
the City's purchasing and procurement proeedxrrrs.
Section 10.E Fast -Track PrP e=ittinj amArrurovals, The City s},all
wok with the Trust to fast trHck, or to xnetitute a one-ktOP shop fox, permitt i.ug an d
other Approvals needed by theWust for redevelopment
Section 10.4 Priority Qansidera ion. jwd Mateh by tkq—Q ty. For up to five
(5) years from, the dAte of this ,Ureement, the City shaJ.l. give priority cor,siderat ion
to a minimum of tun (2) tax credit dsvQ1opmeLAr,, multifamily or siugle family
homeownership, SIUP or rental projects, and two (2) Section 202 applicaLicros, or
other appropriate applications, for senior honying to be completed in the
Revitalization. District.
ARTICLE XT
RESPONSIBILITIES OF TSR TRUST
11.1 R,esnoujilbilifiesAf Trust The Tnut shall have all powers, duties and
privileges, and imamtmitirs specified in the Conunm,ity Redevelopment Act of 19139,
as amended, as granted to the City. Specifically, the C1RA shall:
(a) Be responsible for undertaking and carrying out the redwvelopment
and revitalization activities as provided fur in the Master Plan, with resppirl to the
radevelupu i ent and revitaluatioa of the ReviLalization llhatriet_
(b) Be responsible for the planning, development, program management,
I,Fdilical assAanoe, coordination said other services necessary for the completion of
the Development Projects.
(r..) Prepare and submit to the 0Sty a proposed budget whieb ideatifies the
projw-1s, undertakings and activities tole planned, designod, developed, imp1millented
and c arrit:d out by the Trust prior to the apirr%wriation, allocation and appruval of the
City's yearly budget_ The budget process of Ll,e Truat shall be in accordance with the
City'a wwval budget process.
(d) Ameadmenta, modifications or WieratimA of the Development Projects
shall requi.rK dir- City's prior approval only if the Amendments, modifications or
alterations of the Prajects require an increase in bin& from the (,`ity_
12
02-1334
MAR -10-2003 16:33 CITY CLERKS OFFICE 305 858 1610 P.14
11,:; Reports to the. City, 'Ac Trust shall. I„movide to the City status reprn•ts
regarding the ProjtuLs_ Such reporte shall be provided to the City at such tuue or
times as the City ,nay tp.nuire. An -.v reports required pursuant to ani• Project fiend
agreement shall be provided in accordance with such agreement.
Ali'1'I GI.E =
EXECIMON OF IiR)✓LATED AGREEMENTS
12.1 FxeGUfion of nw Rsauired Agreements. If the natuTw or use of the HUD
Funds, Park Bond k1unds or any other scmree of funding provided by the City to the
Trust p{u-&uant to this Agrees out requires the (".Baty And Trust to enfi-x into an
agreemeut rRlating to n Development Project(a), such agreement, shall be in,
accordame with all appheablo rules and regulations of the funding source.
12.2 Eseeuti on uP Related Agreements. .All agreements shall be executed by
the President on lwhalf of the Trust, upon approval by theTrust, and by the City
Manager on behall'uf the City, upon the approval of 1110 City Commission.
ARTICLE MU
TERMINATION
13-1 TornAim on. Tills Agreement shall terminate upon the dissolution of the
Trust or by resolution ui Lhe Cite Com i=on;
13.2 Reversion City. Upon, the dissolution of the Trust by the City
(' ltymmi44iQyl}the powers, duties and aswt of the'l�rust shall revert to the City.
ARTMI,1; NIV
REPRESENTATIONS; WARRANTEES; COVENANTS
14.1 Rein -mentation andWarran-desand Cuvrnants otl the City, The
City represents, warrants and covwanta to the Trost fhat, each of the following
statements is presently true and accurate -
(a) The Cil.y is a vaHdir existing municipal corporation rn•garrised under the
laws of the Stele of 11mida, has all requisite oorporate power and Authority to carry
on its business as now conducted and to porform its obligations undNr Iles Agreement
and each document, euut.ewplatp.d hereunder to which it is or will be a parley.
(b) The Tnist mlmll coordinate all redevelopment activities in the
Revitalization District, ptusnian,t to Sertions 12.5-26 to 12.5 39 of the Code of the City
of Miami, Florida, as amended.
19
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MAR -10-2003 16:33 CITY CLERKS OFFICE 305 858 1610 P.15
(c) This Agreement has been duly authorisaid by all necessary action uu the
part of. and has been, or will he, duly executed and delivered by the City, and neither
the execution and delivery hrereaf, nor eompliwam with the term; mad provisions
hereof; (i) romtixas the aplaroval and consent of any other party, except such as have
been duly obtained or as fire spedficslly noted herein, (ii) contravenes any existing
law, judgment, g+ovcrnmental rule, regulation or order applicable In or binding on any
in&,T1l.U1V,,, mortgage, deed of trtttit, lank loan or credit wtgvement, applicable
urdi_uancps, resolutions or, on the date aC this Agreement, any other atrreemeut or
instrusneat to which the City is a party, or (iii) contravenes a results in any llreach of,
or default, tuader any other agreement to wbirh the (N#iz a party, or rwauhs in the
creation of ;my lien ox encumbrance upon :my prnperty of the City.
(e) This Agreement, when enterad, constitutes a legal, valid and loinrling
obligation of the City, enforceable against the City in accordance with the germs
hereof, except as socli enforeetabdity may be limited by pubhe policy or applurhle
bankruptcy, inso)verwy or similar laws from dine to time in effect which affect
creditors' rights generally and subject to usual equituble. Prinriples in the evert that
equitable remedies are iuvalve&
(t) There are no pending cw, to the lmowledge of the (_}ity, threatened actions
or proceedings before any raurt or administrative agency of the V", or against any
officer of the City, which qut-Ndon the validity of this Agreement or Any document
contemplated hexoander, ur which are likely in any case, or in Clip aggregate, to
matenally adversely affect the mnsummation of the transaction ixmtemplated
hereunder of the financial Condition of the Pity.
(g) The City shall contiuue to fulfill its obligations to deliver and provide
zaauniripal services in tho Revitalization. Distrirl..
(h) The City encourages the T=sL and Agrees to (assist the Trust, to thN
extent. determined by the City Manager, to apply for and seek state, federal and
curpora(p, grants and aupport.
(i) To the extent permitted by law and to the extent the same shall not
violate any rile or n -gelation of any applicable funding eutuce, tlir Trust shall be able
to seek funding from ulbez resources other than the Cita* to wuppcnt the Development
Projeou in the RevitZ-nation District.
13.2 RRe»retaentatiun,!� wart Warm ,es and Covenants of the 'f M4,qt. '1$e
'Dust represents and warrdnls to the City that each of rhe follawiug stat,.is is
Presently true and amirate
ld.
02-1334
MAR -10-2003 16:34 CITY CLERKS OFFICE
305 858 1610 P-16
(a) .rip. Trust is a limited agency of the City, anti hTF Such powers and
authority to perform its obligations uadPT this Agmement e=d Pao$ document
contemplated here -tinder to which it is or will be a party.
(b) This Agr.v�Ament has been duly authorized by oll necessary ztct on on tho
Part of, and has been, or will be, duly executed and delivered by the Trusts and
neither the execution and delivery hereof nur compliance with the terms end
provisions hereof, (1) requirtis the approval and couseu4 of any other paxty, 67-cept such
aS have boon duly obtained or az are specifically nosed lierein1 0j) contravenes "y
exi ,tang law, judgment, governmental rale, regulation or order applicable to ur
binding on any indenture, u)ortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agmenient or insi mment to wW Jt the Trust is a pa7aty, or (iii) rnntravenes or results
iu toty breach aL or default under aqy other agreement to wU-h the Trust w a party,
or results ia the creation of any lien or encumbrance upon any p7roperLy of the 'i cast.
(c) This Agreement, when entered, cnruititutes a legal, valid and Minding
obligation of the Tmst., enforceable against Lhe `I rust in accordance with the horns
hereof, except as such enforceability may be liwAr-Ai by public policy or applicable
bankruptcy, insolveacy or smtilar laws from tame to time in effect which af%rt
creditors' rights genmall_y and subject to usual equiW)le- principles in the event tLst
equitable remetl jets am involved.
(d) The Tryst aball to nely fulfill, or cause to be fulfilled, alL of its obligations
hereunder.
(c) During the term of this Agreement, the Trust shall cause to occur and to
continue to be in effect those UUTMr.Luents, instruments, and documents which are its
T(--SponsibLb3 under this Agreement
(t) The Trust shall. provide to the. City a copy of say applrations made to
obtain gr=ts of moneys from resources or entities, other than the City, iutluding the
FedeTal Government.
(g) The Trust agreos to apply for stile., federal and Corporate gents and
support.
XV
MISCELLANEOUS
16.1 M229AW NQtir.PS to City Mon aver The Trust xhal). provide the City
Manager with nutices of all of its regular and spedal board me"611gs.
1115
0c
MAR -10-2003 16:34 CITY CLERKS OFFICE 305 858 1610 P.17
15.2 End a ce
ar meat. This Agreement, its atta chm.en IS and an)' related
agrePTTIHlte entered as provided herein constitutC the entiredgres?n�P.rit of tic parties
herew.
15.3 Mu ific taon or Amendment.. 'Phis Agreement may be amended in writnag
by the mutual aM" ment of the parties.
15.4 Seve.rahil.i4 y_ 1jaa-? obligation of Bury perty to this Agroement is foiuO to
be invalid ur if any one or more of the covenacil..,, agreements or provisions of this
,'agreement should l,P held contrary to any express provision of laa, or against
public policy, or shall, for any reason whal,suever, be held invalid; then sueb
covenants, agreem.eniti or prov18.ons shall be null and vrnd and shall be deemed
separate from thee reruainiug covenants, agreemeu.tA or provisions of this
Agreement, which shall ,emain in fall force and effect.
15.5 This Ag+v4-,nent shall become effective on Ow.. date on wkch
this Agreement is (i) executed by the Ctity and Trust, and (Iii) filed with the Clerk of
the Circuit Court of Mimi Dade Ckrunty. Rorida, whichever is later; and shall exPire
upon terminataon as protrided in Ar6 le XIII hereof
15.6 Assite=gnt, This Agreerlimi shall not bo aasied by the Trumt,, in
whole or in part, without the prior writte„ consent of the Cite, which may be withbeld
or conditioned., in the City's sole discretion.
15.9 No Muer LiabilixY. No covenant., stipulation, obligation or agreement
contained 1 -it -rein shall be deemed to be a covenant, stipulation, obligation or
agrt!E ment of any present or future member of the gaverning bodv or agent or
employee cif the City or the Trust in its, hialher or ibeir individual capacity, and
neither die mrnubers of the governing body of the t"_.ity or the Trust, nor any offieW
executing this Agmement shall be liable personally or ~hall be subject to any
accountability for rennin of the execution by the City ur the 'Twat of this Agreement
or any act pertW r -i ug tl,erPtn.
15.8 Notices . It is ncirlerstood and agreed between the parties that written
notice addressed to &v CiLy Manager or to the President of the Trust avid mailed,
certiSiod/return receipt, or hand delivered to the address appearing on page cine (1)
of this Agreement shall constitute sufficient notate to either panty.
15.9 Controlling Law . This Agreement shall be governed by the laws of the
State of MoAda. Proper venue fur any proceedings pertaining to this Agreement,
shall be in h iomi. Dade County, Florida
16
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MAR -10-2003 16:34 CITY CLERKS OFFICE
305 858 1610 P.18
TN WITNESS tiVBMH EOF, the parties hereto have entered into this lutcrlocal,
Cooperation ALp•cement w of the day and yew: flut above writwn.
C1W OF MIAMI FLORIDA
BT.- -
Carlos A. Giui ez, (,'ity Manager
AT'T'EST:
Priscilla A. Thompson, City Clerk
APPROVk;D AS TV FORM Awn
LEGAL SUF'F 0TENCY
Alejandm Vilarello, Eeq.
City Attorney
MODEL CITY HOMEOWNEMRIP TRUST
Ey.
Gwcudolyu C. Warren, Tni.e,rim President
ATTEST:
Priscilla A Thompson, City Cleik
APPHOVZu AS TID FORM AND
LEGAL ST TMr,
Z)izabeth T. McBride, kXq.
V10119nd & Nnigl,6 1,TP, 9pecid) Counsel
to Model City Tlcymeamershw 'bust
WPB 1 #211 Sfi9 v2
17
62-1334
POCKET ITEM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor Diaz and Date: December 11, 2002File:
Members of the City Commission
Subject: Interlocal Cooperation
Agreement - City of Miami
and Model City Community
Revitalization District
Froin: Arthur E. Teele, Jr. References:
Commissioner, District 5
S' ed and diispatattcched to a id delay Enclosures:
By this memorandum, I am respectfully requesting to discuss the following resolution:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY
OF MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT
TRUST IN SUBSTANTIALLY THE FORM ATTACHED AS DETAILED IN EXHIBIT
"A"
Thank you.
Cc: Alejandro Vilareilo, City Attorney
Priscilla Thompson, City Clerk 02-1334
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF MIAMI AND
MODEL CITY COMMUNITY REVITALIZATION DISTRICT
TABLE OF CONTENTS
ARTICLE/SECTION PAGE(S)
I. AUTHORITY
H. DEFINITIONS 2-3
III. PURPOSE.COOPERATION
Section 3.1 Purpose 3
Section 3.2 Pledge of Cooperation 3-4
IV. POWERS OF THE TRUST
Section 4.1 Powers 4-5
V. SERVICES, PERSONNEL AND RESOURCES
Section 5.1 Scope of Services 5-6
Section 5.2 Use of City Personnel 6-7
Section 5.3 Return or Recall of Employees 7
Section 5.4 Selection of Consultants and Other Professionals 7
VI. LAND ACQUISITION AND RELOCATION FOR REDEVELOPMENT
Section 6.1 Acquisition and Transfer of City -owned Properties
Section 6.2 Acquisition of Other Properties
Section 6.3 Maintenance of Properties Until Transferred to Trust
Section 6.4 Relocation Assistance
Section 6.5 Return of Any Surplus or Unused Properties
VII. PAYMENT OR ADVANCE OF PUBLIC FUNDING
Section 7,1 Funding of Activities of the Trust
8
(a) General Operating Expenses
8
(b) Infrastructure Funds
8-9
(c) Other Federal. State or Local Funds
9-10
(d) Priority Funding of Homeownership
10
(e) Increment Revenues
10
Section 7.2 Establishment of Trust Fund
10-11
VIII. ACCOUNTABILITY FOR FUNDS
Section 8.1
Annual Audit Required
I 1
Section 8.2
Reports As Requested By City
1 I
Section 8.3
Cooperation With Any Audit Requests From City
11
IX. GRANTS, CONTRIBUTIONS OR OTHER FUNDS
11
Section 9.1
Pursue Grant Opportunities
11
Section 9.2
Fundraising Initiatives
11
X. DEVELOPMENT ACTIVITIES AND PROJECTS
Section 10.1
Preparation of Master Plan
11-12
Section 10.2
Consultants or Developers
12
Section 10.3
Fast Track of Permitting and Approvals
12
Section 10.4
Priority Consideration and Match the City
12
,s:
02-1334
XI. STATUTORY GOVERNANCE
Section 11.1 Establishment of Statutory Governance 12-13
XII. RESPONSIBILITIES OF THE TRUST
Section 12.1 Responsibilities of the Trust l
Section 12.2 Reports to the City 1
XIII. EXECUTION OF RELATED AGREEMENTS
Section 13.1 Execution of Any Required Agreements 13
Section 13.2 Execution of Related Agreements 14
XIV. TERMINATION
Section 14.1 Termination 14
Section 14.2 Reversion to City 14
XIV. REPRESENTATIONS_ WARRANTIES; COVENANTS
Section 14.1 Representations, Warranties and Covenants of the City 14-15
Section 14.2 Representations, Warranties and Covenants of the Trust 15-16
XV. MISCELLANEOUS
Section 15.1
Meeting Notices to Manager
16
Section 15.2
Entire Agreement
16
Section 15.3
Modification or Amendment
16
Section 15.4
Severability
16
Section 15.5
Effective Date
17
Section 15.6
Assignment
17
Section 15.7
No Member Liability
17
Section 15.8
Notices
17
Section 15.9
Controlling Law
1-11
EX1I)BX IT A
WPB1 #211884 v2
02-1334
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") dated the day of
, 2002, between the City of Miami (the "City"), a municipal
corporation organized under the laws of the State of Florida, having offices at 444
S.W. 2nd Avenue, Miami, Florida 33128, and the Model City Community
Revitalization District Trust, a limited agency and instrumentality of the City ( the
"Trust").
WITNESSETH
WHEREAS, with the adoption of Resolution No. 99-429, the City approved
its Five -Year Consolidated Plan (1999-2004) outlining its proposed use of funds
received from the U. S. Department of Housing and Urban Development approved
the establishment of the Model City Homeownershop Zone; outlined various
housing and community revitalization strategies; and proposed uses of the funds;
and
WHEREAS, the Trust was created by the City to ensure the City's short-
term, intermediate and long-term revitalization goals for the Model City
Neighborhood can be implemented expeditiously and effectively; and
WHEREAS, it is the purpose and intent of this Agreement to permit and
authorize the City and the Trust to make the most efficient use of their respective
powers, resources, authority and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby achieve the results provided hereby
pursuant to Section 163.01, Florida Statutes, known and referred to as the Florida
Interlocal Cooperation Act of 1969 (the "Cooperation Act"); and
WHEREAS, it is the purpose of the Cooperation Act that the City and the
Trust is to provide a means where the City and the Trust may exercise collectively
their powers, privileges and authority; and
WHEREAS, the boundaries for the Model City Revitalization District (the
"Revitalization District") are the contiguous area bounded by Northwest 71st Street
to the North, State Road 112 to the South, 1-95 to the East and Northwest 17th
Avenue to the West, and the non-contiguous area of Northwest 17th and 19th
Avenues between Northwest 58th Street and State Road 112, all in Miami, Miami -
Dade, Florida; and
02-1334
WHEREAS, it is necessary and appropriate for the parties to provide for the
cooperation for the undertaking and carrying out of the redevelopment of the
Revitalization District, and for the parties to cooperate and jointly proceed as
provided herein.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements of the parties, and in order to set forth the sights, duties and powers of
the parties for the purpose of implementing the foregoing, the City and the Trust
hereby covenant and agree as follows.
ARTICLE I
AUTHORITY
This Agreement is entered into pursuant to and under the authority of the
provisions of the Cooperation Act of 1969, Section 163.01, Florida Statutes, as
amended; the Municipal Home Rule Powers Act, Part I of Chapter 166, Florida
Statutes; the Charter of the City, and other applicable provisions of law.
ARTICLE II
DEFINITIONS
The terms defined in this Article shall have the following meanings for
purposes of this Agreement when initially capitalized herein:
"Cooperation Act" means Section 163.01, Florida. Statues;
"Agreement" means this Interlocal Cooperation Agreement, including any
exhibits hereto, as the same may be hereafter amended from time to time.
"City" means the City of Miami, Florida, a municipal corporation organized
under the laws of the State of Florida, and any successors thereto or assigns thereof.
"Development Projects" mean the pilot projects established by the Trust
Board to revitalize the Model City Neighborhood or the Revitalization District as
agreed upon by the City and Trust.
"Effective Date" means the date as determined by Section 15.5 and hereof
on which this Agreement becomes effective.
"Expiration Date" means the date on which this Agreement terminates by
its own terms as provided in Article XIII hereof.
"Fiscal Year" means the fiscal years of the City commencing on October 1 of
each year and ending on the next succeeding September 30 or such other fiscal year
as may be established by law.
2
Q,.� 1.334
"HUD Funds" mean grants of moneys the City receives from time to time
from the United States Department of Housing and Urban Development, including
but not limited to community development block grant funds ("CDBG Funds"),
HOME Investment Partnership ("HOME Funds"), including such other similar
funds, and any direct Congressional or Legislative appropriations by the US
Congress or Florida Legislature.
"HUD Plan" means the Five Year Consolidated Plan, adopted by the City in
August, 1999, pursuant to Resolution No. 01-160.
"Master Plan" means the plan for redevelopment of the Revitalization
District, as provided for in Article X hereof.
"Park Bond Funds" mean grants of moneys the City receives from time to
time from Miami Dade County Safe Neighborhood Park Bonds issued for capital
improvements for existing parks in the City.
"Public Improvements" mean the capital projects constituting public
infrastructure to serve the Development Projects.
"Revitalization District" or "Model City Neighborhood" means the Model
City Community Revitalization District, specifically that portion of the City which
is located at the contiguous area bounded by Northwest 71St Street to the North,
State Road 112 to the South, I-95 to the East and Northwest 17th Avenue to the
West, and the non-contiguous area of Northwest 17th and 19th Avenues between
Northwest 58th Street and State Road 112, in the City.
"Trust Board" means the seven member body designated by the City to
serve as governing body for the Trust.
"Trust" means the Model City Community Revitalization District Trust as
provided for in Division 1, Article 1. Community Revitalization Districts of Chapter
12 of the City Code, as now or hereafter amended.
ARTICLE III
PURPOSE; COOPERATION
Section 3.1 Purpose. The City and Trust acknowledge and agree that
the purpose of this Agreement is to set forth the cooperative relationship between
the City and the Trust, the respective duties and obligations thereof and the
procedures to be followed by the parties hereto for the planning and carrying out
the City's revitalization efforts for the redevelopment of the Revitalization District.
3
02-1334
Section 3.2 Pledge of Cooperation. The City and the Trust recognize the
necessity of working closely and coordinating with each other in order to effectuate
the intent of this Agreement. Therefore, each party pledges hereto agree to
cooperate and assist each other in facilitating the redevelopment of the.
Revitalization District in a manner consistent the Master Plan. To facilitate the
redevelopment of the Revitalization District, the City and Trust will undertake, or
cause to be undertaken, Development Projects comprising a comprehensive
approach to redeveloping the Revitalization. District and providing a quality
environment for raising families. Subject to the availability of funds, the
Development Projects may include, but not be limited to:
( a) Public improvements consisting of streets, sidewalks, water and sewer,
underground utilities and other infrastructure improvements.
(b) Construction or renovation of single and multi -family homes to facilitate
home ownership opportunities;
(c) Revitalization of the commercial corridors;
(d) Creation of a neighborhood One -Stop Center for job training, placement
assistance, homeownership training and counseling, and other needed social services;
(e) Facilitation of the construction and/or creation of a Magnet School in
Technology;
(£) Creation of "open/green spaces", including but not limited to walking
and bicycle trails; a neighborhood park(s) or park improvements/expansions; and
other recreational amenities;
(g) Facilitation of the construction of a postal facility;
(h) Establishment of a community center;
(i) Assist in the coordination of a full service healthcare facility:
(k) Construction of a neighborhood NET office;
(1) Preservation of historical properties;
(m) Other facilities as agreed upon by the City and Trust.
LI
02-1334
ARTICLE IV
POWERS OF THE TRUST
Section 4.1 Powers. The trust shall exercise the powers and duties as
provided in Sections 12.5-26 through 12.5-39 of the Code of the City of Miami,
Florida, as amended, and as provided within this Agreement.
ARTICLE V
SERVICES, PERSONNEL AND RESOURCES TO BE PROVIDED BY CITY
Section 5.1 Scope of Services. The City shall provide the Trust with the
following office space, continued municipal services to the Revitalization District
and professional and support services, as needed to facilitate the redevelopment of
the Revitalization District. However, the City's provision of such professional and
support services do not prohibit the Trust from hiring or contracting for such
services, or a portion of such services, from persons who are not employees of the
City.
a. General administration and coordination services including but not
limited to providing administrative, purchasing and procurement,
information technology, technical and secretarial services.
b. Engineering services implementing public improvements including but
not limited to preparation of right-of-way maps, appraisals, acquisition
of right-of-way, road design, construction and inspection.
C. Financial services including but not limited to the Finance Director
serving in a fiduciary capacity as Treasurer for the Trust; financial
reporting; paying bills; investments; preparation of management
reports in coordination with the President of the Trust; financial
management of Trust funds; management of all debt including loans,
bonds and notes, advice regarding debt and placement services; lease
payment and collections; budget preparation and management in
coordination with the President; auditing and grant financial
management.
d. Planning services including but not limited to support services and
studies; coordination of amendments to zoning and planning
ordinances for consistency with any approved redevelopment activities;
assistance in the review of any proposed Development Projects;
preparation of presentations and data as needed by the Trust; and
routine updates to the Trust on data consisting of demographics, land
use trends and related planning support services.
5
02-1334
e. City Clerk services including but not limited to the City Clerk, or the
City Clerk's designee, serving as Clerk of the Trust; maintaining and
keeping of records of the Trust; acting as Secretary of meetings of the
Trust and recording all votes; keeping a journal of the proceedings of
the Trust; power to certify all necessary certifications of records of
official proceedings. Any costs incurred in the Clerk's delivery of such
services shall be provided by the City to the Trust.
f. Public safety services providing for the implementation of a community
policing program by the City Police Department and any other public
safety services deemed necessary by the Trust and City.
g. Legal services shall include but not be limited to services as counsel,
unless the Trust otherwise selects a counsel; however, nothing herein
prohibits the Trust from obtaining special counsel.
h. Municipal services and public improvements to the Revitalization
District and as needed for redevelopment
i. Office space shall be provided in the Hadley Park — Carrie P. Meek
Senior Citizens and Cultural Center, 1350 NW 50th Street, Miami,
Florida, until such time as the other spaces have been constructed or
obtained to house the operations and employees of the Trust.
Section 5.2 Use of City Personnel.
(a) The City hereby agrees to designate the city employees listed in
Exhibit to serve as full-time staff to the Trust for the program management,
planning, coordination, technical assistance and other services needed to carry out
and undertake the Development Projects of the Trust. The City Manager, or his
designee, is hereby authorized to provide, on the request of the Trust for the
detailing of full-time and part-time City employees from various departments of the
City for service to the Trust. Such employees shall be determined during the
annual budget planning session, and the full-time employees shall be outsourced to
the Trust at the beginning of each fiscal year.
(b) For any employees submitted to be full-time employees of the Trust,
other than the President, the City Manger, or his designee, shall submit such
names, educational background and work experiences of employees to the President
for review and confirmation. Should the President determine a city employee does
not possess the necessary educational, professional and/or technical background or
experience to perform the duties of the assigned job, the City Manager, or his
designee, shall submit another employee name to the President to fill the position.
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(c) The City employees designated to serve as full-time staff to the Trust
shall continue to receive all the benefits provided to other City employees related to
their employment with the City, except that the day-to-day duties and supervision
of the employees shall be determined and provided by the Trust. Such employees
shall adhere to any City rules and regulations regarding employment.
(d) The City shall further provide the Trust with the assistance of any
other City employees, on a part-time basis, for the provision of services to the Trust
on a project -by -project basis, upon the approval of the City Manager, or his
designee. In furtherance of this provision, the City Manager and Trust shall agree,
in writing, on the general scope of the services to be provided by such City
employees; however, the final approval of such services shall be within the City
Manager's sole discretion. The work performed by such part-time employees for the
Trust shall be under the direction and supervision of the Trust, unless otherwise
decided by the City Manager with the Trust.
(e) The City shall provide the services of any full-time or part-time City
employee without any charge to the Trust. In furtherance of the above provisions
allocating city -employees on a full-time or part-time basis to the Trust, the City and
Trust shall enter into a separate agreement, if required by the City Manager. Such
agreement shall comply with the provisions of Section 112.24, Florida Statutes, as
now or hereafter amended.
Section 5.3 Return or Recall of Employees. The Trust may return any full-
time employee to the City, with or without cause, within sixty (60) days after
providing written notice to the City Manager, or his designee, whether or not the
City has identified a position for such employee. The City may recall any full-time
employee assigned to the Trust, within sixty (60) days of providing written notice to
the President.
Section 5.4 Selection of Consultants and Other Professionals of Trust.
The Trust is hereby authorized to employ or contract with such persons and
consultants that it deems appropriate, and to determine their qualifications.
ARTICLE VI
LAND ACQUISITION AND RELOCATION FOR REDEVELOPMENT
Section 6.1 Acquisition and Transfer of City -owned Properties The City
has commenced predevelopment activities in the Revitalization District, including
the land assembly and relocation activities, with the assistance of City employees
and outside professional services necessary to perform legal, architectural,
infrastructure, environmental assessment and other services to expedite and
facilitate the redevelopment.
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(a) All city -owned properties within the Revitalization District, with clear
title, shall be transferred from the City to the Trust within thirty (30)
days of the execution of this Agreement.
(b) Other city -owned properties, or properties later acquired by the City,
shall be transferred to the Trust within thirty (30) days of the City
obtaining clear title to such properties.
Section 6.2. Acquisition of Other Properties. Other properties shall be
acquired by the City, by eminent domain or other means, upon the request of the
Trust.
Section 6.3 Maintenance of Properties Until Transferred to Trust. The
City shall maintain all vacant lands, houses and buildings acquired by the City,
until such time as the properties are transferred to the Trust.
Section 6.4 Relocation Assistance. The Trust will prepare plans for and assist
in the relocation of any persons (including individuals, families, business concerns,
nonprofit organizations, and others) displaced due to the redevelopment activities in
the Revitalization District, and to make relocation payments to or with respect to
such persons for moving expenses and losses of property for which reimbursement
or compensation is not otherwise made, including the making of such payments
financed by the Federal Government.
Section 6.5 Return of Any Surplus or Unused Properties. Should any
properties provided by the City to the Trust not be used for any redevelopment
activities or the Development Projects, the Trust shall return such properties to the
City upon the dissolution of the Trust.
ARTICLE VII
PAYMENT OR ADVANCE OF PUBLIC FUNDING
Section 7.1 Funding of Trusts. The City shall make yearly appropriations to
the fund the general operations and development activities of the Trust, unless
otherwise agreed upon by the City and Trust, as follows:
(a) GeneralOperatinoExpenses. The City shall fund the general
operating expenses of the Trust Fund. Such expenses may include but not be
limited to the benefits and salary(ies) of executive staff and overhead costs as
equipment, supplies, security, utilities, maintenance and insurance. The City will
provide the Trust any and all financial support to reimburse City employees. For
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Fiscal Year 2002-03, the City shall appropriate the amount of
and 00/100 Dollars ($ ) for such
expenses. Each Fiscal Year thereafter the Trust and City, through the President
and City Manager, shall provide for such expenses taking into account any increase
costs related to such expenses.
To facilitate the funding of general operating expenses of the Trust, the City
may use HUD Funds, specifically Community Development Block Grant Funds
(CDBG Funds) to supplement any operating expenses.
(b) Park B07ad Funds. Park Bond Funds in the amount of
and 00/100 Dollars ($ ) shall be
provided to the Trust beginning in Fiscal Year 200_-0_, for the purposes
developing "open/green spaces", including walking and biking trails, park facilities
and other recreational amenities. The Trust may use such funds to develop such
"open/spaces" itself or to provide to any developer selected to develop any
Development Project, provided the developer use such funds to develop "open/green
spaces" any part of the developer's development activities.
( c ) Infrastructure Funds. The City shall provide the necessary funds to
facilitate all necessary infrastructure improvements for the Development Projects.
An amount of $10,000,000.00, from the Homeland Defense Bond Initiative, has
been allocated by the City to the Trust for the necessary infrastructure and public
improvements, specifically for the homeownership area. Subsequent infrastructure
funding shall be allocated by the City, after the future infrastructure needs and
costs for the Revitalization District have been identified by Craven Thompson &
Associates, a consultant to City and Trust
(d) Other Federal State or General Funds. All funding activities which
have been approved by the City for the Trust, and what the City would have
normally provided to the Revitalization District, will be continued to achieve the
purposes of the Trust, including but not limited to:
(1) All federal or HUD funds allocated in City Resolution No. 01-
160, attached and incorporated hereto, shall be held for use of
the Trust. The Trust shall provide the City with receipts and
invoices for the reimbursement of such funds to the Trust.
(2) All of the remaining yearly allocation of Home Investment
Partnership (HOME) Program funds as provided for in
Resolution Nos. 98-800 and 01-159, attached and incorporated
hereto.
(3) Subject to approval by the US Congress, the City has approved
that any and all unspent Section 8 fiends shall be held for the
use and benefit of the Trust, as provided in Resolution No. 01-
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160. Upon approval, such funds shall be used by the Trust to
provide down payment assistance for homeownership, second
mortgages and to cover other housing costs.
(4) The City's funding for first-time home buyers and first-time
home buyers single family rehabilitation programs shall be
made available, as a City priority, for funding eligible persons in
the Revitalization District.
(5) In regards to the above funds, the City shall provide the Trust
with a Fund Cash Balance Report on a quarterly basis.
(e) Increment Revenues. The City agrees to appropriate 50% of the
difference between the amount of ad valorem taxes levied each year on real property
within boundaries of the Revitalization District and the amount of ad valorem taxes
which would have been produced by the tax levied upon the total assessed value of
he taxable real property in the Revitalization District prior to the effect date of this
Agreement.
The above funds shall be allocated to and deposited in the Model City
Trust Fund as provided for in Section 7.2 hereof, to be used by the Trust to finance
any redevelopment undertaken pursuant to the Master Plan.
Section 7.2 Establishment Trust Fund. The City does hereby consent and
authorize the Trust to the full and complete control and custody of moneys collected,
approved, provided for and authorized for the Trust by the City, a private source or
any other governmental entity. Such moneys shall be deposited with a fiduciary as
determined by the Trust.
The City's Departments of Management and Budget and Finance shall
continue to provide all services and support related to the keeping, management,
handling and budgeting of such funds as determined by the Trust. However, the
Department of Finance shall create a Model City Trust Fund, separate and distinct
from other city fiends, for the receipt, keeping, management, handling and
budgeting of funds of the Trust, until such time as the Trust identifies a fiduciary.
ARTICLE VIII
ACCOUNTABILITY FOR FUNDS
Section 8.1 Annual Audit Required. The Trust shall have performed yearly an
annual independent audit of all disbursements and receipts of its funds performed
by a certified public accountant, as required by Section 12.5-35 of the Code of the
City of Miami, Florida. The annual audit shall be completed and presented to the
Mayor and City Commission prior to March 31 of each year.
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Section 8.2 Reports As Requested by City. The Trust shall provide an annual
report with the audit as required herein. Other reports as requested by the City
shall be provided by the Trust.
Section 8.3 Cooperation With Any Audit Requests From City. The Trust
shall cooperate with the City relative to any audits of funds provided to the City
which were budgeted or allocated to the Trust from any federal, state or local
agency.
ARTICLE IX
GRANTS, CONTRIBUTIONS OR OTHER FUNDS
Section 9.1 Pursue Grant Opportunities. The Trust may seek and receive
grants and other funding from federal, state, local and private sources to facilitate
the Development Projects. The City shall provide the Trust with any assistance
necessary to obtain any grant or other funding identified and sought by the Trust,
as appropriate.
Section 9.2 Fundraising Initiatives. The Trust may institute other
fundraising initiatives or capital campaigns designed to market and solicit financial
support for the Development Projects.
ARTICLE X
DEVELOPMENT ACTIVITIES AND PROJECTS
Section 10.1 _Preparation of Master Plan for Revitalization District. A
Master Plan shall be prepared for the redevelopment of the Revitalization District,
by the Trust. The Master Plan, and any subsequent amendments, shall be
presented to the City Commission for concurrence or ratification, prior to
redevelopment.
Section 10.2 Consultants or Developers. The Trust shall formulate a program
for utilizing appropriate private and public resources to facilitate the redevelopment
of the Revitalization District.
(a) Any consultants previously retained by the City to facilitate the
redevelopment of the Revitalization District shall continue to provide
services under any existing agreement until such agreement lapses or
terminated by the Trust. Subject to the discretion of the Trust, any
agreement may be renewed on the terms and conditions as determined
by the Trust.
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(b) The Trust may invite proposals from private developers, non profit
organizations, or any persons interested in undertaking to redevelop
or rehabilitate the Revitalization District or any part thereof.
(c) The services of consultants or developers shall be obtained by use of
the City's purchasing and procurement procedures.
Section 10.3 Fast Track of Permitting and Approvals. The City shall
work with the Trust to fast track, or to institute a one-stop shop for, permitting and
other approvals needed by the Trust for redevelopment.
Section 10.4 Priority Consideration and Match by the City. For up to five
(5) years from the date of this Agreement, the City shall give priority consideration
to a minimum of two (2) tax credit developments, multifamily or single family
homeownership, SHIP or rental projects, and two (2) Section 202 applications, or
other appropriate applications, for senior housing to be completed in the
Revitalization District.
ARTICLE XI
RESPONSIBILITIES OF THE TRUST
11.1 Responsibilities of Trust. The Trust shall have all powers, duties and
privileges, and immunities specified in the Community Redevelopment Act of 1969,
as amended, as granted to the City. Specifically, the CRA shall:
(a) Be responsible for undertaking and carrying out the redevelopment
and revitalization activities as provided for in the Master Plan, with respect to the
redevelopment and revitalization of the Revitalization District.
(b) Be responsible for the planning, development, program management,
technical assistance, coordination and other services necessary for the completion of
the Development Projects.
(c) Prepare and submit to the City a proposed budget which identifies the
projects, undertakings and activities to be planned, designed, developed, implemented
and carried out by the Trust prior to the appropriation, allocation and approval of the
City's yearly budget. The budget process of the Trust shall be in accordance with the
City's annual budget process.
(d) Amendments, modifications or alterations of the Development Projects
shall require the City's prior approval only if the amendments, modifications or
alterations of the Projects require an increase in funds from the City.
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11.2 Reports to the City. The Trust shall provide to the City status reports
regarding the Projects. Such reports shall be provided to the City at such time or
times as the City may require. Any reports required pursuant to any Project fund
agreement shall be provided in accordance with such agreement.
ARTICLE XII
EXECUTION OF RELATED AGREEMENTS
12.1 Execution of Any Required Agreements If the nature or use of the HUD
Funds, Park Bond Fiends or any other source of funding provided by the City to the
Trust pursuant to this Agreement requires the City and Trust to enter into an
agreement relating to a Development Project(s), such agreement shall be in
accordance with all applicable rules and regulations of the funding source.
12.2 Execution of Related Agreements All agreements shall be executed by
the President on behalf of the Trust, upon approval by the Trust, and by the City
Manager on behalf of the City, upon the approval of the City Commission.
ARTICLE XIII
TERMINATION
13.1 Termination. This Agreement shall terminate upon the dissolution of the
Trust or by resolution of the City Commission;
13.2 Reversion to Citv. Upon the dissolution of the Trust by the City
Commission, the powers, duties and assets of the Trust shall revert to the City.
ARTICLE XIV
REPRESENTATIONS; WARRANTIES; COVENANTS
14.1 Representations and Warranties and Covenants of the City. The
City represents, warrants and covenants to the Trust that each of the following
statements is presently true and accurate:
(a) The City is a validly existing municipal corporation organized under the
laws of the State of Florida, has all requisite corporate power and authority to carry
on its business as now conducted and to perform its obligations under this Agreement
and each document contemplated hereunder to which it is or will be a party.
(b) The Trust shall coordinate all redevelopment activities in the
Revitalization District, pursuant to Sections 12.5-26 to 12.5-39 of the Code of the City
of Miami, Florida, as amended.
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(c%) This Agreement has been duly authorized by all necessary action on the
part of, and has been, or will be, duly executed and delivered by the City, and neither
the execution and delivery hereof, nor compliance with the terms and provisions
hereof, (i) requires the approval and consent of any other party, except such as have
been duly obtained or as are specifically noted herein, (ii) contravenes any existing
law, judgment, governmental rule, regulation or order applicable to or binding on any
indenture, mortgage, deed of trust, bank loan or credit agreement, applicable
ordinances, resolutions or, on the date of this Agreement, any other agreement or
instrument to which the City is a party, or (iii) contravenes or results in any breach of,
or default under any other agreement to which the City is a party, or results in the
creation of any lien or encumbrance upon any property of the City.
(e) This Agreement, when entered, constitutes a legal, valid and binding
obligation of the City, enforceable against the City in accordance with the terms
hereof, except as such enforceability may be limited by public policy or applicable
bankruptcy, insolvency or similar laws from time to time in effect which affect
creditors' rights generally and subject to usual equitable principles in the event that
equitable remedies are involved.
(f) There are no pending or, to the knowledge of the City, threatened actions
or proceedings before any court or administrative agency of the City, or against any
officer of the City, which question the validity of this Agreement or any document
contemplated hereunder, or which are likely in any case, or in the aggregate, to
materially adversely affect the consummation of the transaction contemplated
hereunder of the financial condition of the City.
(g) The City shall continue to fulfill its obligations to deliver and provide
municipal services in the Revitalization District.
(h) The City encourages the Trust and agrees to assist the Trust, to the
extent determined by the City Manager, to apply for and seek state, federal and
corporate grants and support.
(i) To the extent permitted by law and to the extent the same shall not
violate any rule or regulation of any applicable funding source, the Trust shall be able
to seek funding from other resources other than the City to support the Development
Projects in the Revitalization District.
14.2 Representations and Warranties and Covenants of the Trust. The
Trust represents and warrants to the City that each of the following statements is
presently true and accurate:
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(a) The Trust is a limited agency of the City, and has such powers and
authority to perform its obligations under this Agreement and each document
contemplated hereunder to which it is or will be a party.
(b) This Agreement has been duly authorized by all necessary action on the
part of, and has been, or will be, duly executed and delivered by the Trust, and
neither the execution and delivery hereof, nor compliance with the terms and
provisions hereof, (i) requires the approval and consent of any other party, except such
as have been duly obtained or as are specifically noted herein, (ii) contravenes any
existing law, judgment, governmental rule, regulation or order applicable to or
binding on any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or instrument to which the Trust is a party, or (iii) contravenes or results
in any breach of, or default under any other agreement to which the Trust is a party,
or results in the creation of any lien or encumbrance upon any property of the Trust.
(c) This Agreement, when entered, constitutes a legal, valid and binding
obligation of the Trust, enforceable against the Trust in accordance with the terms
hereof, except as such enforceability may be limited by public policy or applicable
bankruptcy, insolvency or similar laws from time to time in effect which affect
creditors' rights generally and subject to usual equitable principles in the event that
equitable remedies are involved.
(d) The Trust shall timely fulfill, or cause to be fulfilled, all of its obligations
hereunder.
(e) During the term of this Agreement, the Trust shall cause to occur and to
continue to be in effect those agreements, instruments, and documents which are its
responsibility under this Agreement.
(f) The Trust shall provide to the City a copy of any applications made to
obtain grants of moneys from resources or entities, other than the City, including the
Federal Government.
(g) The Trust agrees to apply for state, federal and corporate grants and
support.
XV
MISCELLANEOUS
15.1 Meeting Notices to City Manager. The Trust shall provide the City
Manager with notices of all of its regular and special board meetings.
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15.2 Entire Agreement. This Agreement, its attachments and any related
agreements entered as provided herein constitute the entire agreement of the parties
hereto.
15.3 Modification or Amendment. This Agreement may be amended in writing
by the mutual agreement of the parties.
15.4 Severability. If any obligation of any party to this Agreement is found to
be invalid or if any one or more of the covenants, agreements or provisions of this
Agreement should be held contrary to any express provision of laver, or against
public policy, or shall, for any reason whatsoever, be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed
separate from the remaining covenants, agreements or provisions of this
Agreement, which shall remain in full force and effect.
15.5 Effective Date. This Agreement shall become effective on the date on which
this Agreement is (i) executed by the City and Trust, and (iii) filed with the Clerk of
the Circuit Court of Miami Dade County, Florida, whichever is later; and shall expire
upon termination as provided in Article XIII hereof.
15.6 Assignment. This Agreement shall not be assigned by the Trust, in
whole or in part, without the prior written consent of the City, which may be withheld
or conditioned, in the City's sole discretion.
15.7 No Member Liability. No covenant, stipulation, obligation or agreement
contained herein shall be deemed to be a covenant, stipulation, obligation or
agreement of any present or future member of the governing body or agent or
employee of the City or the Trust in its, his/her or their individual capacity, and
neither the members of the governing body of the City or the Trust, nor any official
executing this Agreement shall be liable personally or shall be subject to any
accountability for reason of the execution by the City or the Trust of this Agreement
or any act pertaining thereto.
15.8 Notices . It is understood and agreed between the parties that written
notice addressed to the City Manager or to the President of the Trust and mailed,
certified/return receipt, or hand delivered to the address appearing on page one (1)
of this Agreement shall constitute sufficient notice to either party.
15.9 Controlling Law . This Agreement shall be governed by the laws of the
State of Florida. Proper venue for any proceedings pertaining to this Agreement
shall be in Miami Dade County, Florida.
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IN WITNESS WHEREOF, the parties hereto have entered into this Interlocal
Cooperation Agreement as of the day and year first above written.
CITY OF MIAMI, FLORIDA
511
ATTEST:
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Alejandro Vilarello, Esq.
City Attorney
Carlos A. Giminez, City Manager
MODEL CITY HOMEOWNERSHIP TRUST
ATTEST:
Priscilla A Thompson, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Elizabeth T. McBride, Esq.
Holland & Knight LLP, Special Counsel
to Model City Homeownership Trust
WPB 1 #211869 v2
Gwendolyn C. Warren, Interim President
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