HomeMy WebLinkAboutR-98-1091J-98-1155
11/12/98
RESOLUTION NO. 10 91
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE THE
INTERLOCAL COOPERATION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI, FLORIDA, SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY AND THE COMMUNITY REDEVELOPMENT AGENCY
FOR THE OMNI REDEVELOPMENT DISTRICT.
WHEREAS, in accordance with the provisions of Chapter 163,
Part III, Florida Statutes, known as the Community Redevelopment
Act of 1969, as amended (hereinafter referred to as the "Act"),
Metropolitan Dade County ("County") passed and adopted Resolution
No. 1179-69 and Resolution No. R-39-81, declaring the area known
as Southeast Overtown/Park West (hereinafter referred to as
"SEOPW") to be an area of slum and blight and designated such
area to be appropriate for a community redevelopment project that
would warrant the preparation of a community redevelopment plan;
and
WHEREAS, accordingly, the City Commission passed and adopted
Resolution No. 81-920, approving in principle the Southeast
Overtown/Park West Community Redevelopment Plan ("SEOPW Plan");
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98-1�91
and
WHEREAS, pursuant to Resolution No. 1677-82, the County
approved the SEOPW Plan and established the Southeast
Overtown/Park West Redevelopment District (hereinafter referred
to as "SEOPW District") as a community redevelopment district for
tax increment financing purposes; and
WHEREAS, the boundaries for the SEOPW District are provided
for in Exhibit 'A' to the Agreement; and
WHEREAS, the City and the County entered into an Interlocal
Cooperation Agreement, dated as of March 31, 1983, which provided
for the exercise of redevelopment by the City for the SEOPW, the
implementation of the SEOPW Plan, the delegation by the County to
the City Commission to act as the community redevelopment agency
for the SEOPW, and the use of tax increment financing to pay the
costs of the implementation of the SEOPW Plan; and
WHEREAS, pursuant to Resolution No. 86-868, the City
Commission approved in principle a redevelopment plan for the
redevelopment of the Omni area (the "Omni Plan"); and
WHEREAS, pursuant to Resolution No. 97-176, the City
Commission reaffirmed the approval of the amended and restated
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Addendum II to the Omni Plan; and
WHEREAS, in accordance with the Act, the County, pursuant to
Resolution No. R-825-87 and Ordinance No. 87-47, established the
Omni Redevelopment District (hereinafter the "Omni District") as
a separate community redevelopment district for tax increment
financing purposes and approved the Omni Plan and a tax increment
fund, respectively; and
WHEREAS, the boundaries for the Omni District are provided
for in Exhibit 'B' to the Agreement; and
WHEREAS, pursuant to Ordinance No. 87-47 and in accordance
with the Act, the County designated the City Commission the
community redevelopment agency for the Omni CRA to be responsible
for implementing the Omni Plan, excluding any redevelopment
activity related to the Performing Arts Center; and
WHEREAS, the City Commission has established the SEOPW CRA
and the Omni CRA as legal entities, separate, distinct and
independent from the City Commission; and
WHEREAS, under the Act the SEOPW CRA and the Omni CRA are
empowered to undertake and carry out community redevelopment and
related activities within the boundaries of their respective
Redevelopment Districts as described in the SEOPW Plan and the
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Omni Plan, respectively; and
WHEREAS, in order to make the most efficient use of their
powers, resources, authority and capabilities, the SEOPW CRA and
the Omni CRA intend to use the same staff; and
WHEREAS, it is the purpose and the intent of the Agreement,
the parties hereto and the Florida Interlocal Cooperation Act of
1969, as amended (the "Cooperation Act") to permit the City,
SEOPW CRA and Omni CRA to make the most efficient use of their
respective powers, resources and capabilities by enabling them to
cooperate on the basis of mutual advantage and thereby to provide
the services and achieve the results as provided for herein; and
WHEREAS, the City, SEOPW CRA and Omni CRA desire herein to
provide for their mutual and respective understandings,
agreements, rights, duties and obligations pertaining to the
SEOPW Plan and Omni Plan as such plans will be implemented
through various Projects (as hereinafter defined) and the manner
in which the parties hereto will jointly facilitate the staffing,
financing and undertaking of the Projects;
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 hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized and
directed to execute the Interlocal Cooperation Agreement, in
substantially the form attached, between the City of Miami,
Florida, the Southeast Overtown/Park West Community Redevelopment
Agency and the Community Redevelopment Agency for the Omni
Redevelopment District.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 16th day of November , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated lace provided, said legislation n—m-i
becomes effective with the elapse ten (10) a s from the date of Co si n act;r-.
regarding same, without the Mayo ex i ' veto.
ATTEST:
Waft ,l. an, City Cleric
WALTER J. FOEMAN, CITY CLERK
APPROVED AAO%TO FOR AND CORRECTNESS:t/
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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.
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98-1991
Law Offices
HOLL N fig. KMO1-iT LLP Atlanta Northern Virginia
Boca Raton Orlando
701 Brickell Avenue, Suite 30M Fort Lauderdale San Francisco
P.O. Box 015441 (ZIP 33101-5441) Jacksonville SL Pefersbur0
Miami, Florida 33131 Lakeland Tallatee
305-374-8500 Mew me Tampa
FAX 305-M TM Mexico City Washington, D.C.
b>ip.!lwww hklaw.com New York West Palm Beach
November 10, 1998 EI17.ABETS T. MCBRME
306-789-7767
VIA HAND DELIVERY
Alex Villarello, City Attorney
City of Miami
444 SW 2nd Avenue - 9th Floor
Miami, Florida 33130 `
Re: Interlocal Cooperation Agreement Presented at October 28,
1998 City Commission Meeting
Dear Alex:
At the request of Chairman Teele, enclosed please find a clean copy and redline
version of the above -referenced interlocal cooperation agreement being submitted for
consideration during the City Commission meeting scheduled for Monday, November 16.
Except for the change in the base line funding as provided in Sec. 4.2(a)(1), the provisions
within the agreement are as submitted during the October 28 City Commission meeting.
Very truly yours,
HOLLAND & KNIGHT LLP
Eliza th T. McBride
enclosure r r.
cc: Arthur E. Teele, Chair, CRA
)Dena Bianchio, Assistant City Manager
inda Kearson, City Attorney's Office
MIA4-673831
98-1091
November 9. 1998
Rev. 10Q-6444
INTERLOCAL COOPERATION AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement") is made as of this day of
, 1998, among the City of Miami (the "City"), a municipal corporation
organized under the laws of the State of Florida, having offices at 444 S.W. 2nd Avenue,
Miami, Florida 33128, the Southeast Overtown/Park West Community Redevelopment Agency
(the "SEOPW CRA"), a public body corporate and politic of the State of Florida, and the
Community Redevelopment Agency of the Omni Area (the "Omni CRA and together with the
_SEOPW. CRA.. the Miami CRA") *--.:public'bodycorporate and politic of the State of Florida
having offices at 300 Biscayne Boulevard Way, Suite 430, Miami, Florida 33131.
WITNESSETH
WHEREAS, it is the purpose and the intent of the Agreement, the parties hereto and the
Florida Interlocal Cooperation Act of 1969, as amended (the "Cooperation Act') to permit the
City and the Miami CRA to make the most efficient use of their respective powers, resources
and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to
provide the services and achieve the results as provided for herein; and
WHEREAS, the Miami CRA was created pursuant to the adoption of Ordinance Nos.
1677-82 and 11248-95; and
WHEREAS, the City approved and adopted the Southeast Overtown/Park West
Community Redevelopment Plan, pursuant to Resolution Nos. 82-755 and 85-1247, and the
Omni Area Redevelopment Plan, pursuant to the Resolution Nos. 86-868 and 87-604 (hereinafter
referred to as "Redevelopment Plans"); and
WHEREAS, pursuant to Section 163.410, Florida Statutes, Miami Dade County has
delegated community redevelopment powers to the City; and
WHEREAS, the Miami CRA is responsible for carrying out community redevelopment
activities and projects in the Omni Redevelopment Area and the Southeast Overtown/Park West
Redevelopment Area (hereinafter referred to as "Redevelopment Areas") established pursuant
to the Redevelopment Plans; and
WHEREAS, the boundaries for the Redevelopment Areas are provided for in Exhibit D,
attached and incorporated hereto, as may be amended from time to time; and
WHEREAS, it is the purpose of the Cooperation Act to provide a means by which the
City and the Miami CRA may jointly exercise their respective powers, privileges and authorities
that they share in common and that each might exercise separately, but which pursuant to this
98-1091
Agreement and the Cooperation Act they may exercise collectively, including but not limited to
the manner of employing, engaging and compensating personnel and the manner of providing
financial assistance and resources needed to accomplish the planning,design, development and
implementation necessary for the undertaking and carrying out of the community redevelopment
projects in the Redevelopment Areas as provided herein; and
WHEREAS, the City and Miami CRA desire herein to provide for their mutual and
respective understandings, agreements, rights, duties and obligations pertaining to the planning,
development and implementation of the Projects (as hereinafter defined) and the necessary staff,
consultants or others related to the Projects; and
WHEREAS, the City and Miami CRA desire to facilitate the financing and undertaking
of the Projects for the current Fiscal Year and for future years, pursuant to the terms of this
Agreement and related agreements as provided herein; and
WHEREAS, the Cooperation Act and the Florida Community Redevelopment Act of
1969 (collectively referred to as the "Act') permit intergovernmental coordination between the
City and Miami CRA for the provision of services that are needed by the Miami CRA and the
City, and the City is willing to provide certain services relating to financial support, the use of
certain city employees for the performance of services and other assistance necessary for the
Projects and future projects; and
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WHEREAS, the financing of the Projects and providing of employees to carry out the
services associated with the Projects will further the governmental purposes and be of substantial
benefit to the City and the Miami CRA; and
WHEREAS, the Miami CRA's provision of program management, technical assistance,
project administration, planning, coordination, development and other services necessary for the
Projects will further the interests of the Miami CRA and the City and shall serve a public
purpose by, among other things, aiding in the elimination of blight, advancing the public health
and general welfare and will result in the coordination, development, implementation and
completion of the Projects in the Redevelopment Areas; and
WHEREAS, it is necessary and appropriate for the parties to provide the
intergovernmental cooperation for the undertaking and carrying out of the Projects and for the
parties to cooperate and jointly proceed as provided herein;
NOW, THEREFORE, in consideration of the Miami CRA agreeing to take responsibility
for the program management, technical assistance, project administration, planning,
coordination, development and other services, staff, consultants and others necessary for the
Projects and the agreement by the City to designate certain city employees to render services
related to the Projects and moneys received from time to time from the United States Department
of Housing and Urban Development, the Miami Dade County Safe Neighborhood Park Bonds
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and any other financial resources as determined by the City Commission of the City, the City
and the Miami CRA agree as follows:
ARTICLE I - AUTHORITY
This Agreement is entered into pursuant to and under the authority of the provisions of
Section 163.01, Florida Statutes; Part III, Chapter 163, Florida Statutes; and other applicable
provisions of law.
ARTICLE II - DEFINITIONS
2.1 Definitions
The terms defined in this Section 2.1 shall have the following meanings for purposes of
this Agreement when initially capitalized herein:
(a) "Act" means Section 163.01, Florida Statues; Part III, Chapter .163, Florida
Statutes; Chapter 166, Florida Statutes; and other applicable provisions of law thereunder.
(b) "Agreement" means this Interlocal Cooperation Agreement, including any
exhibits hereto, as the same may be hereafter amended from time to time.
(c) "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.
(d) "City" means the City of Miami, Florida, a municipal corporation organized under
the laws of the State of Florida, and any successors thereto or assigns thereof.
(e) "Effective Date" means the date as determined by Section 12.5 and 12.10 hereof
on which this Agreement becomes effective.
(f) "Expiration Date" means the date on which this Agreement terminates by its own
terms as provided in Section 10.1 hereof.
(g) "Fiscal Year" means the fiscal years of the City and Miami CRA commencing on
October 1 of each year and ending on the next succeeding September 30 or such other fiscal year
as may be established by law.
(h) "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, and such other similar funds.
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(i) "Miami CRA" means collectively the Southeast Overtown/Park West Community
Redevelopment Agency and the Omni Area Community Redevelopment Agency of the City of
Miami, their successors or assigns.
(k) "Projects" mean the community redevelopment projects and activities, capital park
improvements and other activities or programs described in Exhibits A and B(Parts VI and VII),
attached and incorporated hereto, as the same may be hereafter amended from time.to time.
(1) "Redevelopment Areas" mean the Omni Redevelopment Area and the Southeast
Overtown/Park West Redevelopment Area as provided within the Redevelopment Plans as herein
defined, as the same may be hereafter amended from time to time.
(m) "Redevelopment Plans" mean the Southeast Overtown/Park West Community
Redevelopment Plan approved by the City in Resolution Nos. 82-755 and 85-1247, and the Omni
Area Redevelopment Plan approved by the City in Resolution Nos. 86-868 and 87-604, as the
same may be hereafter amended from time to time.
ARTICLE 3 - PURPOSE; FINDINGS; INTENT
3.1 Purpose
The Miami CRA and the City acknowledge and agree that the purpose of this Agreement
is�to set forth the cooperative relationship between the City and Miami CRA, the respective
duties and obligations thereof and the procedures to be followed by the parties hereto in order
to undertake and carry out the financing for the program management, technical assistance,
program administration, coordination, monitoring, development and the services of staff,
consultants and others necessary for the Projects.
3.2 Findings
The City and Miami CRA hereby ascertain, determine, declare and find that:
(a) The Projects further the goals, purposes, objectives of the Redevelopment Plans;
shall make a significant contribution to the redevelopment of the Redevelopment Areas and shall
serve a public purpose by aiding in the elimination of blight, advancing the economic prosperity
and the public health and general welfare.
(b) The coordination and the undertaking of the program management, technical
assistance, project administration, planning, coordination, development and provision of other
services of the Projects by the Miami CRA shall further the interests of the City and the Miami
CRA, and will result in the better coordination, efficient management and timely implementation
of the development of the Projects.
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(c) It is necessary and appropriate for the City and the Miami CRA to cooperate and
proceed as provided herein.
(d) It is in the best interest of each of the parties hereto and the public to establish
a cooperative relationship between the parties hereto in order to best carry out the purposes of
the Act, specifically including the staffing, planning, program management, program
administration, technical assistance, coordination, monitoring, development, implementation and
financing of the Projects, as provided herein on a timely and expeditious basis.
Section 3.3 Intent; Cooperation; Exercise of Powers.
_:.The. -parties hereto -agree to cooperate and -assist -each other in-achievutg the purpose�s6v=—i—=•
forth within this Article hereof. Furthermore, each of the parties hereto does hereby grant to
the other and does acknowledge the other party may in furtherance of the purpose, exercise any
and all powers legally available to the other, which but for this Agreement, that party may not
be able to exercise and which by virtue of this Agreement may be shared with the other party
and be exercised separately and collectively.
3.4 Designation
The City hereby designates the Miami CRA as the exclusive party responsible for the
planning, development, program management, technical assistance, coordination, project
administration, monitoring and other services for the completion of the Projects. The Miami
CRA hereby agrees to carry out its duties and functions as such designated exclusive party in
accordance with the terms of this Agreement.
The City further declares the Miami CRA to be a grantee of the City and afforded the
same rights and privileges of any other grantee receiving HUD Funds. For such purposes, the
provisions of OMB Circular A-102 ("Grants and Cooperative Agreements With State and Local
Governments", as amended August 29, 1997) and hereafater amended, are attached and
incorporated hereto as Exhibit E.
ARTICLE 4 - FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY
4.1 City's commitment to funding.
The City hereby agrees to provide full financial support to the Miami CRA for the
planning, development, program management, technical assistance, coordination, project
administration, monitoring and other services needed for the Projects undertaken pursuant to this
Agreement. To accomplish the financial support needed herein, the City and Miami CRA
hereby agree that:
(a) Five Year Funding Plan. The City and Miami CRA shall, by separate
resolution, agree to a Five Year Funding Plan for the CRA relative to this Agreement. Such
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funding shall be subject to the annual appropriation, allocation and approval of the City
Commission and subject to the City's receipt of any funds not originating with the City, and the
funding plan shall be coordinated with the Five Year Program Plan as provided within this
Agreement. The funds shall be held and administered as provided in Section 4.4 of this
Agreement. Each year this Agreement shall be amended to include the funding to be provided
by the City to the Miami CRA, with the Projects to be undertaken by the Miami CRA, and
provided as an addendum to this Agreement.
4.2 Base Year for Funding Purposes. The City and Miami CRA agree that
the base year for the purposes of calculating the City's ongoing commitment to fund activities
of the Miami CRA pursuant to this Agreement shall be Fiscal Year 1999. For Fiscal Year 1999,
- •: the. City. hereby agrees:to: and approves -the Miami CRA receiving financial resources as�•follows -
(a) Program Funds. Program funds shall be provided as follows:.
(1) An amount of $76'� 902 061 as provided in Exhibit B (Part -VII),
attached and incorporated hereto, shall be provided to the Miami CRA from HUD Funds for the
Projects provided for in Exhibits A and B(Parts VI and VII), attached and incorporated hereto.
Such funds shall be expended as provided herein, unless the Miami CRA has first secured the
written permission of the City.
(b) General Fund Support. An amount of $279,488, as provided in Exhibit
B (Part I), attached and incorporated hereto, shall be provided by the City to the Miami CRA
for other necessary funding for the Projects. Such funds shall be expended as provided herein,
unless the Miami CRA has first secured the written permission of the City.
(c) Human Resources Support. For the purposes of human resource
support to the Miami CRA, the Base Year shall be the salaries and benefits allocated for the City
employees designated to provide services to the Miami CRA. An amount of $363,021 is hereby
provided for the salaries and benefits of the City employees designated pursuant to Section 5.1
hereof.
(d) Continuing Payments for Benefit of Miami CRA Projects.
(1) The City shall continue to fund the guaranteed entitlement associated with
the Community Redevelopment Revenue Bonds 1990 Series.
(2) The City shall continue to pay the debt service on the Section 108 Loan
of $5,100,000 approved in 1990 -and drawn upon in 1994, secured by the United States
Department of Housing and Urban Development.
(e) Other Expenditures. The City may also provide financial support,
other than the financial resources and support specifically identified herein, to the Miami CRA
as approved and provided for by the City Commission.
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4.3 Reallocation and Rollover of Unexpended Funds
Any unexpended moneys derived from the sources of funds as provided in this Article
remaining at the end of any fiscal year shall be reallocated and carried over into the next fiscal
year for the Miami CRA, subject to the applicable provisions of any related agreements or Bond
covenants and subject to the approval and receipt of such funds by the City. The City hereby
agrees that the presence any such unexpended funds shall not be a negative factor for the
allocation of funds or other resources to the Miami CRA in the budgeting for any fiscal year.
4.4 Disbursement of Funding to Fiduciary of Miami CRA
The: City - does -hereby consent. -and- authorize the Miami CRA to the -full 4nd1com0lete' -
control and custody of moneys collected, approved, provided for and authorized for the Miami
CRA by the City or any other governmental entity. Such moneys shall be deposited with a
fiduciary as determined by the Miami CRA.
The City's Offices 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 Miami CRA.
ARTICLE V- PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY CITY
5.1 Use of City Personnel.
(a) The City hereby agrees to provide and designate a certain number of City
employees to serve as full-time staff to the Miami CRA for the program management and
administration, planning, coordination, technical assistance and other services needed to carry
out and undertake the Projects. The City Manager is hereby authorized to provide for the annual
detailing of employees for service to the Miami CRA. For the Base Year as provided in Article
IV of this Agreement, the City agrees that the employees designated in Exhibit C shall provide
services to the Miami CRA. Any new employees to the Miami CRA, after the effective date
of this Agreement, shall not be city employees, unless otherwise agreed.
(b) The City employees designated to serve as staff to the Miami CRA shall continue
to receive all the benefits provided to other City employees related to their employment with the
City, except that the duties and supervision of the employees shall be determined by the Miami
CRA. Such employees shall adhere to any City rules and regulations regarding the reporting of
employment time.
(c) The City Attorney shall serve as counsel to the Miami CRA, unless the Miami
CRA otherwise select a general counsel; and provided that the Miami CRA may select an
individual or a law firm other than the .City Attorney to serve as general counsel and nothing
herein prohibits the Miami CRA from obtaining special counsel.
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(d) The City Clerk shall serve as the official custodian of records and documents for
the meetings of the Miami CRA. The City Clerk, or his or her designee, shall keep the minutes
of the proceedings of the Miami CRA, maintain a journal of all resolutions, publish notice of
meetings as required by law, and perform all other clerical functions on behalf of the Miami
CRA.
(e) The City shall further provide the Miami CRA with the assistance of any other
City employees, as available, for the services as planning, public works, computer technology,
and other services as may be requested, upon the approval and concurrence of the City Manager.
In furtherance of this provision, the City and Miami CRA shall agree on the services to be
provided by city employees under this provision.
(f) The City and Miami CRA shall enter into a reimbursement agreement for the use
of city employees in furtherance of the provisions of this Agreement.
5.2 Selection of the Executive Director of CRA
The Miami CRA is hereby authorized to select or contract with a person or consultant
with the designated title of Executive Director for the Miami CRA, and to determine the
qualifications, duties and compensation for such position.
ARTICLE VI - RESPONSIBILITIES OF THE MIAMI CRA
6.1 Responsibilities of CRA
(a) The Miami CRA shall be responsible for the planning, development, program
management, technical assistance, coordination, project administration, monitoring and other
services necessary for the completion of the Projects as provided in Exhibits A and B (Parts VI
and VII), attached and incorporated hereto, and as may be amended from time to time. The
Executive Director of the CRA shall be the party designated to manage all work and activities
related to the Projects.
(b) For the financing of projects in future years as part of the City's annual budgc:pet
process, the Miami CRA shall prepare and submit to -.the City a proposal which identifies the
projects or activities to be planned, designed, developed and implemented and carried out by the
CRA prior to the appropriation, allocation and approval of the City's yearly budget.
(c) Any amendments, modifications or alterations of the Projects as funded by the
City on behalf of the CRA shall be by the Executive Director of the Miami CRA upon the
written concurrence of the City.
6.2 Bi-Annual Reports to the City
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The Miami CRA shall provide to the City bi-annual status reports regarding the Projects.
Such reports shall be provided to the City no later than April 30 and October 30 of each year.
Any reports required pursuant to any related agreement shall be provided in accordance with the
related agreement.
ARTICLE VII - COOPERATION ON COMMUNITY REDEVELOPMENT
INITIATIVES
7.1 , Mutual Cooperation Between the Parties.
To further enhance the community redevelopment activities in the City, the City and
Miami CRA hereby, agree to:
(a) Work together for the incorporation and support of the legislative priorities and
initiatives of the Miami CRA into the City's legislative priorities and initiatives. In recognition
of the mutual cooperation, the City shall expeditiously seek any City Commission approval, if
required, of any legislative priority or initiative proposed by the Miami CRA.
(b) Work cooperatively upon the approval of any legislative initiative of the Miami
CRA.
(c) Coordinate the delivery of municipal services associated with any Miami CRA
Projects with the scheduling activities of the Project with the Miami CRA, except for law
enforcement activities.
ARTICLE VIII - ESTABLISHMENT OF FIVE YEAR PLAN
8.1 Establishment of Plan.
(a) The City and Miami CRA shall provide for a five (5) year programmatic plan for
projects and activities to be undertaken by the Miami CRA pursuant to this Agreement.
(b) The Miami CRA hereby agrees to be responsible for the preparation of the five
(5) year programmatic plan. Such plan shall be presented for review and acceptance to the City
Commission.
(c) The City hereby agrees to annually fund, subject to the availability of funds and
appropriation by the City Commission, the overall elements of any plan approved by the City
Commission. Any agreement by the City as to annual funding shall be provided by separate by
a separate resolution.
ARTICLE IX - EXECUTION OF RELATED AGREEMENTS
9.1 Execution of Any Required Agreements
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If the nature or use of the HUD Funds, Park Bond Funds or any other source of funding
provided by the City pursuant to this Agreement require the City and Miami CRA to enter into
any subagreements for the Projects or future projects, the parties shall enter into the necessary
subagreement for the specific project. Such agreements shall be in accordance with any federal
rules and regulations governing the use of HUD Funds, the applicable agreement governing the
use of the Park Bond Funds, or any other applicable agreement or provisions of law.
9.2 Execution of Related Agreements
All subagreements required to be entered pursuant to this provision by the City and the
-Miami CRA shall be executed by'the--ExecutiverDirectomirbeWf of•-the:CRA:-and--thereity
Manager on behalf of the City upon the approval of the City Commission.
ARTICLE X - TERMINATION
10.1 Termination
This Agreement shall terminate upon the dissolution of the Miami CRA or by a mutual
agreement of the City and Miami CRA. Any termination of a subagreement shall be governed
by the specific provisions as set forth within the subagreement.
ARTICLE XI - REPRESENTATIONS; WARRANTIES; COVENANTS
11.1 Representations and Warranties and Covenants of the City
. . The City represents, warrants and covenants to the Miami CRA that each of the following
statements is presently true and accurate:
(a) The City is a validly existing municipal corporation organized under the laws of
the State of Florida, has all requisite corporate power and authority to carry on its business as
now conducted and to perform its obligations under this Agreement and each document
contemplated hereunder to which it is or will be a party.
(b) The Miami CRA shall coordinate all community redevelopment activities in the
Redevelopment Areas, and the Miami CRA shall be able to seek supplemental and additional
funding from other resources to support the Redevelopment Plans.
(c) The City shall continue its routine and normal community redevelopment activities
throughout the City, except as provided within this Agreement.
(d) This Agreement has been duly authorized by all necessary action on the part of,
and has been, or will be, duly executed and delivered by the City, and neither the execution and
delivery hereof, nor compliance with the terms and provisions hereof, (1) requires the approval
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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, or the City results in the creation of any lien or encumbrance upon any
property of the City.
(e) This Agreement constitutes a legal, valid and binding obligation of the City,
enforceable against the City in accordance with the terms hereof, except as such enforceability
may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time
�: ►:- to .time in effect which affect creditors3�righrts generatlq °aad=subjected usual equitable pl iidclple§ 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 has a continuing obligation to pay and shall continue to pay the
guaranteed entitlement for the $11,500,000 Community Redevelopment Revenue Bonds issued
November 8, 1990; and the City shall continue to pay the debt service on the Section 108 loan
in`the amount of $4,800,000, secured by the United States Department of Housing and Urban
Development, which was obtained in 1990 and drawn upon in 1994 to assist in the retirement
of the subject Community Redevelopment Revenue Bonds.
(h) The City shall continue to fulfill its obligations to deliver and provide municipal
services in the Redevelopment Areas and the City at large, and should there be a conflict relative
to the provision and delivery of services a decision of the City Attorney shall control.
(i) The City encourages the Miami CRA to apply for and seek state, federal and
corporate grants and support to minimize the impact on the City's taxpayers relative to the
disbursement of federal funds to the City.
11.2 Representations and Warranties and Covenants of the CRA
The Miami CRA represents and warrants to the City that each of the following statements
is presently true and accurate:
(a) The Miami CRA is a body corporate and politic under the laws of the State of
Florida, separate and distinct from the City, has'all requisite corporate power and authority to
carry on it business as now conducted and to perform its obligations under this Agreement and
each document contemplated hereunder to which it is or will be a party.
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(b) This Agreement has been duly authorized by all necessary action on the part of,
and has been or will be, duly executed and delivered by the Miami CRA.
(c) This Agreement, when entered, constitutes a legal, valid and binding obligation
of the Miami CRA, enforceable against the Miami CRA in accordance with the terms hereof,
except as such enforceability may be limited by public policy or applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights, generally
and subject to usual equitable principles in the event that equitable remedies are involved.
(d) The Miami CRA shall timely fulfill, or cause to be fulfilled, all of the conditions
expressed herein which are within the control of the Miami CRA or which are the responsibility
of the Miami CRA to fulfill.
(e) During each year of this Agreement, and the obligations under this Agreement,
shall be in effect, the Miami CRA shall cause to occur and to continue to be in effect those
agreements, instruments, and documents which are its responsibility under this Agreement.
(f) A copy of any applications made by the Miami CRA to obtain grants of moneys
from resources or entities, including the Federal Government, other than the City shall be
be provided to the City.
(g) The Miami CRA agrees to apply for state, federal and corporate grants and
support to minimize the impact on the City's taxpayers related to the disbursement of federal
funds to the City.
XII - MISCELLANEOUS
12.1 Meeting Notices to City Manager
The Miami CRA shall provide the City Manager with notices of all of its regular and
special board meetings.
12.2 Entire Agreement
This Agreement, its attachments and any related agreements entered as provided herein
constitute the entire agreement of the parties hereto.
12.3 Modification or Amendment
This Agreement may be amended in writing by the mutual agreement of the City and the
Miami CRA, at any time and from time to time.
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98-:i o9i
12.4 Severability
If the City's obligations are found to be invalid or if any one or more of the covenants,
agreements or provisions of this Agreement should be held contrary to any express provision of
law, or contrary to any policy or expresses law, although not expressly prohibited, ,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.
12.5 Term
This Agreement shall become effective upon execution by the City and Miami CRA, and
upon filing with the Clerk of the Circuit Court of Miami Dade County, Florida, as provided in
Section 12.10 hereof, and shall expire upon termination as provided in Article 10 hereof.
12.6 Assignment
This Agreement shall not be assigned by the Miami CRA, in whole or in part, without
the prior written consent of the City, which may be withheld or conditioned, in the City's sole
discretion.
12.7 No Member Liability.
No covenant, stipulation, obligation or agreement contained herein shall be deemed to
be a covenant, stipulation, obligation or agreement of any present or future member of the
governing body or agent or employee of the City or the Miami CRA in its, his/her or their
individual capacity, and neither the members of the governing body of the City or the Miami
CRA, nor any official executing this Agreement shall be liable personally or shall be subject to
any accountability for reason of the execution by the City of Miami CRA of this Agreement or
any act pertaining thereto.
12.8 Notices
It is understood and agreed between the parties that written notice addressed to the City
Manager or to the Executive Director of the Miami CRA and mailed, certified/return receipt,
or hand delivered to the address appearing on page one (1) of this Agreement shall constitute
sufficient notice to either party.
12.9 Controlling Law
13
98-1_091,
All covenants, stipulations, obligations and agreements of the City and Miami CRA
contained in this Agreement shall be deemed to be covenants, stipulations, obligations and
agreements of the City and the Miami CRA, respectively, to the full extent authorized by the
Act and provided by the laws of the State of Florida. Proper venue for any proceedings
pertaining to this Agreement shall be in Miami Dade County, Florida.
12.10 Filing and Effective Date
This Agreement shall become effective immediately upon the execution by proper officers
of the City and the Miami CRA, and upon filing with the Clerk of the Circuit Court of Miami
Dade County, Florida, as required by Section 163.01(11), Florida Statutes. The date of such
filing with the -Clerk of the Circuit Court $hall'be the "Effective Date of this Agreement: ""'
IN WITNESS WHEREOF, the parties hereto have entered into this Interlocal
Cooperation Agreement as of the day and year first above written.
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney
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CITY OF MIAMI, FLORIDA
By:
Donald Warshaw, City Manager
98-1091
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
By:
Arthur E. Teele, Jr. Chairman
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Holland & Knight LLP, Counsel
OMNI AREA COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
Walter Foeman, City Clerk
APPROVED AS TO FORM AND
LEGAL -SUFFICIENCY
Holland & Knight LLP, Counsel
By:
Arthur E. Teele, Jr., Chairman
Rev. !QQ&98 November 9 1998
MIA4-6645574M69094.2 664557.2/669094.3
version 3 4
s
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This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences
between -
original document : Y:\DOC4\PUBL\7767\669094.2
and revised document: Y:\DOC4\PUBL\7767\669094.3
Deletions appear as struck -through text
Additions appear as double underlined text
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98-109:i