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HomeMy WebLinkAboutR-94-0833J-94-121 11/17/94 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), A THE CITY MANAGER TO EXECUTE A SU INTERLOCAL COOPERATION AGREEM SUBSTANTIALLY THE ATTACHED FO METROPOLITAN DADE COUNTY, THEREBY M PREVIOUSLY AUTHORIZED INTERLOCAL PURSUANT TO RESOLUTION NO<CO IMPLEMENTATION OF THE OM REDEVELOPMENT DISTRICT ICHAPTER 163, FLORIDA STATRESPONSIBILITIES, RELAT V PERFORMING ARTS CENTER. WHEREAS, the City of M ursuant to Resolution No. 86-868, approved i ine the Omni Redevelopment Plan ("Project"); and WHEREAS, Me politan Da ounty ("County"), pursuant to Resolution No. 25-87, a oved the Project establishing the Omni Rede en strio "District") as a separate community redevel ent d is Tax Increment Financing purposes; and WH the ounty, pursuant to Ordinance No. 87-47, ablished nd ated in accordance with the provisions of ect' 163.38 Florida Statutes, a Redevelopment Trust Fund d") authorized allocation of monies from such fund; and AS, in accordance with the provisions of an 163.357, Florida Statutes, the County may, in its discretion delegate the exercise of community redevelopment powers to the City of Miami by resolution; and rt}&Lz9 BY: R9" 3c63 CITY CO-MMISSIO.N V=77711G OF Renhition No. 3 Rescinded by R-95-363 WHEREAS, the City of Miami, pursuant to No. 88-888 authorized an Interloeal Cooperation ("Agreement") between the City and County to responsibilities for the implementation of the Pro of WHEREAS, the County proffered certain ohan in the Agreement for the purpose of inoorpor g t Arts Center and the Dade County Communit Hom s F overall redevelopment plan; and Resolution the WHEREAS, the City wishes to ude any ferenoe to the Dade County Community Homeless P an add nally proposing changes to the original Interlooal eme nd WHEREAS, all change ement the authorized pursuant to lut No. 88-888; NOW, THEREFOP` JV IT OLV Y THE COMMISSION OF THE CITY OF MIAMI, FLORI Section 1. The re tals and findings contained in the Preambl hi so on are hereby adopted by reference theret and orated herein as if fully set forth in this S ion. er S oti The City Manager is hereby authorized to ex e t e modified Interloeal Cooperation Agreement, in tan ly the attached form, with Metropolitan Dade County, the modifying a previously authorized Interloeal Agreement, ftmant to Resolution No. 88-888 for the implementation of the Omni Area Community Redevelopment District in accordance with Chapter 163, Florida Statutes, to, inter alia, establish responsibilities relative to the proposed Performing Arts Center. Agreement -2- Rescinded by R-95-363 Seotion 3. This Resolution shall immediately upon its adoption. PASSED AND ADOPTED this 17th day of AT T• MAtTY HIRAI CITY CLERK PREPARED AND APPROVED BY: LINDA KELLY KEARSOX F. ASSISTANT CITY ATTORNEY'', APPROVED AS TO For" —, ) CORI%, 'TNE —4N. A. Q. ' $N Jlb, TI CITY ATTOPA' —.3— beoome effective Novembe, 1994." 2 CLX MAYL, 94— 833 Rescinded by R-95-363 a f INTERLOCAL COOPERATION AGREEMENT 1 THIS AGREEMENT, made this day of , 1994, by and between Metropolitan Dade County, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY"), and the City of Miami, a municipal corporation under the laws of the State of Florida (hereinafter referred to as the "CITY"). WITNESSETH: WHEREAS, by Resolution No. R-825-87 and Ordinance No. 87-47 the COUNTY has approved a Redevelopment Plan (the "Plan") and a Tax Increment Fund (the "Fund") for the Omni/Midtown Redevelopment Area (hereinafter referred to as the "PROJECT"); and WHEREAS, the PROJECT will take place within the corporate limits of the CITY; and WHEREAS, the CITY played the major role in the preparation of the Plan and initial financing proposals for the PROJECT; and WHEREAS, the CITY hereby requests delegation from the COUNTY to become the redevelopment agency (the Community Redevelopment Agency or "CRA") for the PROJECT and to receive administrative costs pertaining thereto; and WHEREAS, the COUNTY has now approved the public portion of the financing of the Performing Arts Center, which public financing utilized, in part, tax increment revenues from the PROJECT; and WHEREAS, the COUNTY wishes to collaborate with the CITY in carrying out the PROJECT by developing and financing the catalytic project, the Performing Arts Center, utilizing, in part, tax increment revenues as described in the Amended Plan; and 94- 833 WHEREAS, the COUNTY and the CITY desire to provide the manner in which the COUNTY shall have overall responsibilities for the Performing Arts Center, and the CITY shall have overall responsibilities for the remainder of the PROJECT; NOW, THEREFORE, the COUNTY and the CITY agree as follows: I. CITY/COUNTY OBLIGATIONS A. The COUNTY shall have the sole right and responsibility for planning, surveys, land acquisition, construction management, and all other Community Redevelopment undertakings, activities, or projects and Related Activities as defined in Chapter 163, Florida Statutes, related to the Performing Arts Center as shown in the Amended Plan (hereinafter, the "Performing Arts Center (as shown in the Amended Plan) as the same may be amended from time to time. The COUNTY shall perform all functions of the Community Redevelopment Agency in any community redevelopment activities related to the Performing Arts Center. The COUNTY shall perform as to the Performing Arts Center, once the building permits for the Performing Arts Center, shall be issued from the CITY, all supervisory functions with respect to such permits, including all inspections, and the issuance of any preliminary or final Certificate of Occupancy. References throughout this Agreement to CITY, joint CITY/COUNTY activities, rights and responsibilities and any committee or personnel appointed or employed pursuant to this Agreement shall not include any activities, rights and responsibilities related to the Performing Arts Center, other than as are specifically set forth herein. B. The County Manager shall designate a County Project Coordinators who shall have sole responsibility for carrying out all aspects of the PROJECT relating to the Performing Arts Center, and specifically those aspects specified in 2 94- 833 paragraph I.A. The County Project Coordinators will be responsible for providing necessary reports to the CITY of COUNTY activity associated with the Performing Arts Center and to carry out the daily responsibilities of such activity. C. The City Manager shall designate a City Project Coordinator, who shall have sole responsibility for carrying out all aspects of the PROJECT other than those relating to the Performing Arts Center. The City Project Coordinator will provide necessary reports to the COUNTY of any CITY activity associated with all aspects of the PROJECT other than the Performing Arts. D. Specifically, the City Project Coordinator will be responsible for implementing the redevelopment plan, developing proposals for city indebtedness and bond financing, coordination of relocation activities, and coordination of the design and construction of public improvements necessary to support any CITY administered redevelopment activity implementing the Plan (which shall exclude redevelopment activity related to the Performing Arts Center). II. CITY RESPONSIBILITIES A. Land Disposition 1. With the exception of any activity associated with the Performing Arts Center, the CITY shall be responsible for all land acquisition, including the use of eminent domain to acquire land. 2. With regard to any CITY redevelopment activity unrelated to the Performing Arts Center, the CITY shall prepare project marketing materials and shall be responsible for advertising for developers to submit proposals. 3. Any disposition of land for the PROJECT shall be accomplished in accordance with applicable federal guidelines, applicable provisions of state law, and established PROJECT guidelines. 4. To the extent a matter does not concern the Performing Arts Center, the CITY may convey CITY acquired land to a developer for fair market value for use 3 9 4" 82-3 in accordance with the redevelopment plan and shall deposit the proceeds from the sale or lease in the Fund to be utilized in accordance with the PROJECT budget and Chapter 163, Florida Statutes. The CITY may convey land to qualified nonprofit organizations pursuant to State law and CITY procedures. Guidelines for selection of qualified non-profit organizations must be established by the CITY. B. Other PROJECT Activities 1. With regard to any CITY redevelopment activity unrelated to the Performing Arts Center, the CITY shall be responsible for the Administration and funding for all relocation activities. The CITY may contract with COUNTY agencies to assist in residential relocation. 2. With regard to any CITY redevelopment activity unrelated to the Performing Arts Center, the CITY shall design and construct public improvements necessary to support the redevelopment of the PROJECT. The City Manager shall determine and ensure that such activities comply with appropriate federal, COUNTY, and CITY regulations relating to affirmative action and race -conscious concerns. 3. All redevelopment activities conducted under the terms of this Agreement relating to the Performing Arts Center shall be in accordance with the Plan as amended and otherwise solely subject to the approval of the County Commission and the County Manager. All redevelopment activities conducted under the terms of this Agreement not related to the Performing Arts Center shall be in conformance with the Plan as amended, as adopted and approved by the City Commission and the City Manager. Any amendments to the as amended must have prior approval of the County Commission as to aspects thereof relating to the Performing Arts Center and of the City Commission as to aspects thereof not relating to the Performing Arts Center, in each case before their implementation. C. PROJECT Financine - 833 4 94 1. The CITY shall establish and set up the Fund as required by law and develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the COUNTY may, expeditiously and without undue delay, utilize such funds in accordance with the COUNTY approved budget for the Performing Arts Center; and whereby the CITY may, expeditiously and without undue delay, utilize the funds, other than those dedicated to the Performing Arts, in accordance with the COUNTY -approved budget for those aspects of the PROJECT not related to the Performing Arts Center. In furtherance of such expeditious utilization of such funds for the Performing Arts Center, the City shall remit to the County no later than March 31st each year the first $1.43 million of tax increment trust fund revenue for the purpose of debt service (the "County Debt Service Payment") related to the Performing Arts Center for such term as the indebtedness is outstanding, provided such funds are available in the Fund. The CITY shall be annually compensated for all administrative services rendered with respect to any and all aspects of the PROJECT and the Fund from the revenue in the Fund. 2. Upon receipt of a written report from the COUNTY detailing the proposed annual expenditures for activities associated with the Performing Arts Center, the CITY shall prepare and submit for COUNTY approval at the beginning of each COUNTY fiscal year an annual budget in a format approved by the COUNTY for all aspects of the redevelopment plan and trust fund including the debt obligations associated with the Performing Arts Center as outlined in paragraph C.I. No tax increment funds will be spent by the CITY or the COUNTY -until the annual budget has been approved by the COUNTY. 3. The City Manager and County Manager shall determine that -any hiring relative to the implementation of the Plan complies with appropriate COUNTY and CITY regulations relating to affirmative action and race -conscious concerns. 4. The CITY shall sell bonds required to finance the PROJECT with the exception of those bonds used to finance the Performing Arts Center. Prior to issuance, the COUNTY shall review and approve all CITY instruments of indebtedness relating to tax increment financing. The City shall not withhold the County Debt Service Payment for any reason notwithstanding any other activities, actions, claims, or causes of action related to the PROJECT. D. Citizen Participation 1. To carry out the citizen participation process, the CITY shall utilize the Omni/Venetia Task Force of the Greater Miami Chamber of Commerce, the HUD Advisory Board and other community groups (collectively the "Citizen Advisory Groups") for community involvement and coordinate CITY and COUNTY community involvement and consider citizen input in the redevelopment of PROJECT activities. E. Irgject Management. Administration, and Coordination 1. The COUNTY shall: a. Provide the CITY with a Plan of Action with respect to those aspects of the PROJECT related to the Performing Arts. This provision shall not be deemed to require the approval of the CITY with respect to any aspects of such Plan of Action. b. Develop implementation schedule for all PROJECT activities related to the Performing Arts Center. c. Monitor such implementation schedules and timetables. 94- 833 0 d. Submit annual progress reports to the City Project Coordinator and Citizen Advisory Groups beginning one year from the implementation of this agreement. e. Submit additional interim reports upon request of the CITY. 2. The CITY shall: a. Provide the COUNTY with a Plan of Action with respect to those aspects of the PROJECT not related to the Performing Arts. This provision shall not be deemed to require the approval of the COUNTY with respect to any aspect of such Plan of Action. b. Develop implementation schedules for all PROJECT activities not related to the Performing Arts Center. c. Monitor such implementation schedules and timetables. d. Submit annual progress reports to the County Project Coordinator and Citizen Advisory Groups beginning one year from the implementation of this Agreement. e. Submit additional interim reports upon request of the COUNTY. III. ASSURANCES A. As part of this agreement the COUNTY shall follow applicable federal and COUNTY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. B. As part of this Agreement the CITY shall follow applicable federal and COUNTY and CITY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. C. All powers not specifically delegated to the CITY in this Agreement shall be reserved exclusively to the Board of County Commissioners of Dade County. 94- 833 IV. ENTIRE AGREEMENT: This instrument and its attachments if any, constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. V. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 8 94- 833 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all of the day and year first above -written. CITY OF MIAMI, a municipal corporation of the State Florida Cesar H. Odio, City Manager WITNESSES: Matty Hirai, City Clerk APPROVED AS TO FORM AND ]LEGAL SUFFICIENCY: A. Quinn Jones, III City Attorney METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida Joaquin G. Avino, P.E., P.L.S, County Manager Harvey Ruvin, Clerk of the Board Robert A. Ginsburg County Attorney Z �4_ 833 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and the Members of the City Commission Ces FROM : City ger 33 DATE : New Omni Interlocal FILE Cooperation Agreement ' SUBJECT : City Commission Meeting' REFERENCES :October 27, 1994 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a new Interlocal Cooperation Agreement ("Agreement") with Metropolitan Dade County, in substantially the form attached, to establish responsibilities for the implementation of the Omni Area Community Redevelopment District in accordance with Florida Statutes Section 163.387. Department of Development and Housing Conservation recommends the approval of the attached Agreeement for the purpose of delineating responsibilities for the City and Dade County concerning the implementation of the Omni Redevelopment Project. The Omni Redevelopment Plan C'Plan") was approved by the City Commission by Resolution 86-868 and by Dade County Commission by Resolution No. R-825-87. The County Commission also adopted Ordinance No. 8747 creating the Omni Redevelopment District and Tax Increment Trust Fund for the implementation of the projects outlines in the Plan. In accordance with the State Statutes 163.387, the County has discretionary powers to delegate the exercise of community redevelopment authority to the City by a resolution and/or an interlocal cooperation agreement. The City Commission by Resolution 88-888 approved the first version of the Agreement and sent it to the County for the same action. However, the County's decision to locate the proposed Performing Arts Center and The Homeless Housing Component in the Omni area has required additional stipulations in the Agreement and an amendment to the Plan. Consequently, the City Administration has negotiated a new interlocal agreement with the County to determine the parties' roles in the implementation of the overall Omni Redevelopment Plan, The Performing Arts Center and The Homeless Housing Component. Enclosures: Proposed Resolution/ Proposed Interlocal Cooperation Agreement 91 . '33.1 1