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HomeMy WebLinkAboutOMNI CRA 2020-04-09 Agenda PacketCity of Miami 3500 Pan American Drive Miami, FL 33133 www.miamigov.com yow Omni C R A Meeting Agenda Thursday, April 09, 2020 9:00 AM (OR THEREAFTER) Virtual Meeting Online OMNI Community Redevelopment Agency Alex Diaz de la Portilla, Chair, District One Joe Carollo, Vice Chair, District Three Ken Russell, Board Member, District Two Manolo Reyes, Board Member, District Four Keon Hardemon, Board Member, District Five OMNI and MIDTOWN CRA OFFICE ADDRESS: 1401 N. Miami Avenue, 2"d Floor, Miami 33136 Phone: (305) 679-6868 www.miamicra.com OMNI Community Redevelopment Agency Meeting Agenda April 9, 2020 CALL TO ORDER APPROVING THE MINUTES OF THE FOLLOWING MEETING(S): 1. OMNI COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - SEP 26, 2019 9:00 AM 2. OMNI COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - OCT 30, 2019 5:00 PM OMNI CRA RESOLUTION(S) 1. OMNI CRA RESOLUTION 6717 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; ALLOCATING GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $5,500,000.00 FOR A MIXED -USE DEVELOPMENT PROJECT OF PROPERTIES LOCATED AT 70 NE 17TH STREET, 90 NE 17TH STREET, AND 1642 NE 1ST AVENUE, MIAMI, FLORIDA, ALL LOCATED IN THE CRA'S REDEVELOPMENT AREA, TO NR INVESTMENTS 11, LLC, SUBJECT TO THE CRA BEING ABLE TO SUCCESSFULLY SECURE FUNDING FROM A FINANCIAL INSTITUTION AND SUBJECT TO THE AVAILABILITY OF FUNDS; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. O.UNI Community Redevelopment Agency Page 2 Printed on 41612020 OMNI Community Redevelopment Agency Meeting Agenda April 9, 2020 2. OMNI CRA RESOLUTION 6724 (MAY BE WITHDRAWN) A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; ALLOCATING GRANT FUNDS IN THE NOT TO EXCEED TOTAL AMOUNT OF $696,000.00 FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 1815 NW 1ST COURT, LOCATED IN THE CRA REDEVELOPMENT AREA TO CASA MIA APARTMENTS LLC, SUBJECT TO THE AVAILABILITY OF FUNDS; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. 3. OMNI CRA RESOLUTION 6726 (MAY BE WITHDRAWN) A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND REGARDING THE MIAMI WOMEN'S CLUB LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, EXECUTED IN FAVOR OF THE CRA, AND RECORDED AT BOOK 27102 AND PAGE 4686, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. 4. OMNI CRA RESOLUTION 7369 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $500,000.00 FROM THE STATE OF FLORIDA'S DEPARTMENT OF STATE TO AID IN THE RESTORATION OF THE CRA'S PROPERTY LOCATED AT 1367 NORTH MIAMI AVENUE, MIAMI FLORIDA 33136, KNOWN AS THE HISTORIC BANK BUILDING; RATIFYING THE ATTACHED DOCUMENTS AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE. O.UNI Community Redevelopment Agency Page 3 Printed on 41612020 OMNI Community Redevelopment Agency Meeting Agenda April 9, 2020 5. OMNI CRA RESOLUTION 7370 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, DIRECTING THE EXECUTIVE DIRECTOR TO CEASE ALL NEGOTIATIONS WITH MIAMI-DADE COUNTY AND/OR THE CITY OF MIAMI (COLLECTIVELY, "PARTIES") CONCERNING THE EXPANSION OF THE CRA INTO THE AREA KNOWN AS WEST GROVE; AUTHORIZING THE EXECUTIVE DIRECTOR TO CONTINUE NEGOTIATING WITH THE PARTIES ABOUT ALL OTHER POTENTIAL AMENDMENTS TO THE INTERLOCAL AGREEMENT AND ALL OTHER AGREEMENTS INCLUDING BUT NOT LIMITED TO EXTENDING THE LIFE OF THE CRA (COLLECTIVELY, "AGREEMENTS"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE CRA'S REDEVELOPMENT PLAN ("PLAN") CREATED BY PMG ASSOCIATES, INC. AND ANY AND ALL OTHER NECESSARY DOCUMENTS WITHOUT THE WEST GROVE PORTION; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE UPDATED AGREEMENTS AND PLAN FOR APPROVAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR APPROPRIATE ACTION. ADJOURNMENT O.UNI Community Redevelopment Agency Page 4 Printed on 41612020 2.1 OMNI Board of Commissioners Meeting April 9, 2020 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Alex Diaz de la Portilla Date: April 4, 2020 File: 6717 and Members of the CRA Board Subject: 4/5ths Bid Waiver for Allocation of Grant Funds to NR Investments 11, LLC Jason Walker Enclosures: 6717 Bid Waiver Memo Executive Director 6717 Notice to the Public 6717 NR Investments 11 LLC _Final TIF Proposal with Exhibits The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16- 0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The NR Investments 11, LLC company (NR Investments) submitted a grant proposal request to the CRA requesting the amount of $5,500,000.00 to underwrite a portion of the costs to develop a mixed -use project within the Omni CRA. NR Investments, a for profit entity, possesses a unique approach to this mixed -use development project consisting of ground floor office retail, ground floor commercial space and approximately 252 units of affordable housing. The principals of NR Investments have a history of successful development housing units in Miami- Dade County. This project also presents a unique approach and opportunity for a local government entity to collaborate on an affordable housing project that will also utilize the benefits of an Opportunity Zone initiative in the Omni CRA. This is a new way in which local government entities can collaborate and have a truly successful project that meets the need of the community. JUSTIFICATION: Packet Pg. 5 2.1 The 2010 Redevelopment Plan on page 41, Section C-2 lists the objective of the CRA to, "Provide incentives for the development of a variety of housing choices, including affordable, special needs and a workforce housing." Additionally on page 41, Section C titled, Variety of Housing", subsection D-3 specifically states the "Provision of incentives for the construction of new housing to attract downtown workers." The proposal is also consistent with Section D of the plan on page 42 Section D "Improvements to the Public Realm" "to "[e]nhance the areas' visual attractiveness to businesses and residents." This project is consistent with Florida Statute 163 and also the goals and objectives of the 2010 Omni CRA Redevelopment Plan. The NR Investment 11 LLC, proposal submitted will develop the group of properties with the following addresses at 70 NE 17th street, 90 NE 17th street and 1642 NE 1st avenue, Miami, Florida within the Omni CRA and now requests grant funding to underwrite a portion of the costs. RECOMMENDATION: In light of the above mentioned background information, rehabilitation of the building and the Grantee's past business successes and the CRA's identified objectives in the CRA's plan to reduce slum and blight, and in consideration of the Executive Director's pledge to allocate grant funding to further the plan and activate the area, an approval of a bid waiver is recommended. FUNDING: Subject to the availability of funds and subject to the Omni CRA being able to successfully secure funding for the project. City of Miami Page 2 of 4 File ID: 6717 (Revision: A) Printed On: 41612020 Packet Pg. 6 0 2.1 ;- City of Miami 1401 O Miami MNI venue Omni Legislation Miami, FL 33136 www.miamicra.com C R A OMNI CRA Resolution File Number: 6717 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; ALLOCATING GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $5,500,000.00 FOR A MIXED -USE DEVELOPMENT PROJECT OF PROPERTIES LOCATED AT 70 NE 17TH STREET, 90 NE 17TH STREET, AND 1642 NE 1ST AVENUE, MIAMI, FLORIDA, ALL LOCATED IN THE CRA'S REDEVELOPMENT AREA, TO NR INVESTMENTS 11, LLC, SUBJECT TO THE CRA BEING ABLE TO SUCCESSFULLY SECURE FUNDING FROM A FINANCIAL INSTITUTION AND SUBJECT TO THE AVAILABILITY OF FUNDS; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL AGREEMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is tasked with reducing slum and blight within its boundaries; and WHEREAS, on September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16-0042 adopting the City of Miami's procurement code as the process in which any and all services and goods are procured by the CRA; and WHEREAS, NR Investments 11, LLC, a Florida for profit entity ("Grantee"), submitted a request for grant funding to develop a mixed -use project consisting of ground floor retail, office space, and approximately 252 affordable housing units at 70 NE 17th Street, 90 NE 17th Street, and 1642 NE 1st Avenue, Miami, Florida within the CRA's boundaries ("Project"); and WHEREAS, page 41, section D-2 of the CRA's 2010 Redevelopment Plan ("Plan") lists the objective of the CRA "to create a variety of housing"; and WHEREAS, the Plan also lists one of the overall visions of the CRA is "to create a variety of housing"; and WHEREAS, page 42, sections A-1 and A-3 of the Plan also lists as an objective of the CRA to "Provide incentives for redevelopment of blighted properties"; and WHEREAS, the Project is one of the first opportunity zone projects identified within the boundaries of the CRA, providing for a unique collaboration to meet the needs of the CRA's residents and fulfilling the Plan; and City of Miami Page 3 of 4 File ID: 6717 (Revision: A) Printed On: 41612020 Packet Pg. 7 2.1 WHEREAS, the Grantee requests grant funding for the Project in an amount not to exceed $5,500,000.00; and WHEREAS, the success of the Project will result in accomplishing the stated objectives of the Plan; and WHEREAS, based on the recommendation and findings of the Executive Director, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the CRA, the allocation of grant funds for the Project in an amount not to exceed $5,500,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written finding, pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the CRA, are ratified, approved, and confirmed and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA are waived. Section 3. Funds in an amount not to exceed $5,500,000.00 for the Project, subject to the CRA being able to secure funding from a financial institution to underwrite the costs as requested and subject to the availability of funds, is approved and authorized to be allocated to the Grantee. Section 4. The Executive Director is authorized to negotiate and execute any and all necessary documents, all in a form acceptable to the General Counsel, for the purposes stated herein. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL City of Miami Page 4 of 4 File ID: 6717 (Revision: A) Printed On: 41612020 Packet Pg. 8 2.1.a Alex Diaz de la Portilla Board Chair Jason Walker Executive Director INTER -OFFICE MEMORANDUM TO: Board Chair Alex Diaz de la Portilla and Members of the CRA Board FROM: Jason Walker Executive Director BACKGROUND: DATE: April 9, 2020 SUBJECT: Recommendations and and Findings to Waive Competitive Negotiation Procedures per City Code, authorizing the allocation of Grants funds to NR Investments 11 LLC for the development of properties located at 70 NE 171n St, 90 NE 17t" St and 1642 NE 1 st Ave, Miami, Florida. The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16-0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The NR Investments 11, LLC company ("NR Investments) submitted a grant proposal request to the CRA. NR Investments., a for profit entity, possesses a unique approach to affordable housing. The principals of NR Investments have a history of developing successful housing units in Miami - Dade County. Their proposal for development of this mixed use project consists of ground floor office retail, ground floor commercial space and approximately 252 units affordable housing. This concept is an ideal project for the Omni CRA area. The 2010 Redevelopment Plan on page 41, Section C-2 lists the objective of the CRA to, "Provide incentives for the development of a variety of housing choices, including affordable, special needs and a workforce housing." Additionally on page 41, Section C titled, Variety of Housing", subsection D-3 specifically states the "Provision of incentives for the construction of new housing to attract downtown workers." The proposal is also consistent with Section D of the plan on page 42 Section D "Improvements to the Public Realm" "to "[e]nhance the areas' visual attractiveness Packet Pg. 9 2.1.a to businesses and residents." This project is consistent with Florida Statute 163 and also the goals and objectives of the 2010 Omni CRA Redevelopment Plan. The plan also highlights working with private entities on page 42 A-1 to, "Provide incentives for redevelopment of blighted properties." NR Investments now requests grant funding for the development project in the amount of $5,500,000.00. RECOMMENDATION In light of the above mentioned background information, rehabilitation of the building and the Grantee's past business successes and the CRA's identified objectives in the CRA's plan to reduce slum and blight, and in consideration of the Executive Director's pledge to allocate grant funding to further the plan and activate the area, an approval of a bid waiver is recommended. An approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifths (4/5th) vote is respectfully requested. Packet Pg. 10 2.1.b A 1 Omni CRA OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY NOTICE OF PUBLIC HEARING The Board of Commissioners ("Board") of the Omni Redevelopment District Community Redevelopment Agency ("CRA") will hold a Public Hearing on Thursday, April 9th, 2020 at 9:00 a.m. or anytime thereafter via a virtual meeting link that maybe accessed at the following City of Miami TV web address: https://www.miamigov.com/tv The Board will consider the award of grant funds to NR Investments 11 LLC, a legal entity authorized to transact business/render services in the State of Florida, to underwrite a portion of the costs associated with the development of a mixed use project consisting of affordable housing units in the Omni CRA. In accordance with the Board's 2010 Redevelopment Plan ("Plan") and Florida Statutes 163, the Board will consider the funding, in an amount not to exceed $5,500,000.00 to underwrite the expenditures and costs associated with the development of a mixed use project consisting of affordable housing units located at 70 NE 171h Street, Miami, Florida, 90 NE 17' Street, Miami, Florida and 1642 NE 1st Avenue, Miami, Florida, critical in the development of a mixed use project consisting of approximately 252 units of affordable housing units, within the CRA, envisioned to reduce slum and blight. For your information, members of the public can leave prerecorded public comment by calling 305-679- c 6868 for agenda items that are scheduled to be heard at this virtual meeting. The prerecorded public comment will be played during the virtual meeting. The deadline to submit prerecorded phone comment Z is April 08, 2020 by 9:00 p.m. Phone messages submitted after the deadline may not be played during �: the virtual meeting. Finally, public comment may also be submitted via an online comment form and will m be distributed to the Elected Officials and CRA Administration and made part of the public record via the s following link: https://cityofmiami.azl.qualtrics.com/jfe/form/SV_6EaslO4ROTJPuSl.The deadline to submit public comment via the online comment form will occur when the Chairman closes public comment for the virtual meeting. This action is being considered pursuant to Sections 18-85 (a) of the Code of the City of Miami, Florida as amended ("Code"). The recommendation and findings to be considered in this matter are set forth in the proposed resolution and in Code Sections 18-85 (a), which are deemed to be incorporated by reference herein, a and are available as with the scheduled CRA Board meeting of Thursday, April 9th, 2020 at 9:00 a.m. or anytime 4) thereafter via a Communications Media Technology (CMT) link that may be accessed at the following web o address: https://www.miamigov.com/ty Should any person desire to appeal any decision of the Board with respect to any matter considered at this Z meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice), not later than s two (2) business days prior to the proceeding. TTY users may call 711 (Florida Relay Service), not later than two (2) business days prior to the proceeding. a (OMNI CRA Seal) Todd B. Hannon Ad No. 33623 Clerk of the Board Packet Pg. 11 2.1.c I N R I N V E S T M E N T S 1111 PARK CENTRE BLVD #450 MIAMI, FL 33169 PHONE (305) 625 0949 NRINVESTMENTS,COM Packet Pg. 12 BERGER SINGERMAN 2.1.c October 15, 2019 Via Hand -Delivery Mr. Jason Walker, Executive Director Omni Community Redevelopment Agency Historic Firehouse 42, 2n' Floor 1401 N. Miami Avenue Miami, FL 33136 Re: NR Investments 11 LLC — Tax Increment Rebate & Grant Proposal for 17`h Street Apartments Dear Mr. Walker: Our firm represents NR Investments 11 LLC (hereinafter, the "Applicant" or "Developer"), the owner of the property located within the Omni Community Redevelopment Agency ("CRA") boundaries at 70 & 90 N.E. 17tn Street and 1642 N.E. lst Avenue, Miami, Florida, Miami, Florida (the "Proper "). Developer formally submits the enclosed proposal for the CRA's consideration in support of a mixed -use project Developer intends to construct on the Property. The project will consist of ground floor retail (approx. 6,000 sq. ft.), office (approx. 30,000 sq. ft.), and 252 multi -family, residential rental units (the "Project"). In exchange for the CRA's financial support, as outlined hereinbelow, Applicant shall agree to restrict the rents of ALL 252 residential units within the Project through 2047 (assuming the anticipated extended life of the CRA extends at least through 2047) via the imposition of a Declaration of Restrictive Covenants (the "Covenant"). The Applicant's request of the CRA and proceeds realized pursuant to the rebate of property taxes equal to the percentage of the increase paid during the term of the agreement (the "Incentive Agreement") will be used to off -set the losses occasioned from the restricted rents and to off -set the costs of the City building permit fees, County water & sewer connection charges, and City & County impact fees. The proposal is consistent the strategic plan and goals of the CRA Redevelopment Plan (2019 Amendment) which seek to expand the supply of affordable and workforce housing within the CRA boundaries. Affordable and workforce housing units forming part of the Project will provide needed housing inventory to critical employees within the Miami market, including: (i) hospitality service workers; (ii) teachers (median annual salary: $46,000); (iii) police officers (avg. base annual salary: $53,715); (iv) firefighters (avg. annual salary: $54,9430; (iv) registered nurses (avg. annual salary: $56,925); and (v) recent college graduates (avg. starting salary: $50,004). We look forward to your favorable consideration of this request and the CRA board's approval of the same. Sincerely, Ja vi,ew E. Few Javier E. Fernandez, Esq. Cc: Anthony Balzebre, Assistant Director Isiaa Jones, Esq., Chief Legal Officer Nir Shoshani, NR Investments, Inc. Terry Wellons, NR Investments, Inc. Kristofer Nelson, NR Investments, Inc. 9366740-1 1450 BRICKELL AVENUE I SUITE 1900 1 MIAMI, FLORIDA 33131 t' (305) 755-9500 1 f.- (305) 714-4340 1 WWW.BERGERSINGERMAN.COM Packet Pg. 13 2.1.c h R 171h Street Apartments Project RATIONALE FOR CRA ASSISTANCE Miami's downtown skyline is a picture of construction, as new condos and apartments are built throughout our burgeoning City. But the expansion experienced in the current real estate cycle is misleading as the City faces one of the nation's most severe crisis of housing unaffordability stemming from the dual problem of high housing costs and comparably low wages. Today, Greater Miami's housing stock suffers from a significant supply mismatch. The local market has a glut of expensive housing and not nearly enough affordable housing. While we have seen the construction of expensive condos to the point of over -supply, not nearly enough affordable and workforce housing has been built to meet market's demand. While thousands of new housing units have been developed within the City and thousands more are slated for development within the CRA alone, most of the units built are market -rate or high -end luxury units. Further compounding the current mismatch is a lack of general housing starts in the metropolitan market. s Only 4 percent of the metro area's housing units have been built since 2010. By contrast, some of America's most dynamic and fastest -growing metros have constructed more than 10 percent of their housing stock since 2010. While a new and growing community, Miami's housing supply is increasing at the pace of older, more built -out metropolitan areas, like Boston, and Rust -Belt metropolitan areas, like Cincinnati and St. Louis. coo Six in 10 employed adult residents of Greater Miami are housing cost -burdened, meaning they spend more than 30 percent of their incomes on housing — the highest rate of any large metropolitan area in the nation. Racial and ethnic minorities, as well as our community's low-income service workers, shoulder a disproportionate share of the burden of today's housing crisis. The following facts provide chilling insight into the scope and impact of the current crisis: ■ More than 40% of the Miami metro's households are renters — ranking 8' among all large U.S. metros on this metric. Between 2010 and 2016, Greater Miami has seen its proportion of renter households grow by nearly 2% annually. ■ Miami's renter population is disproportionately African American and Hispanic with 55% of black households and 48% of Hispanic households renting, compared with just over 25% of white households. ■ Greater Miami's median rents are increasingly unaffordable. As of October 2018, the median rent for Greater Miami was $2,095 — the eighth highest in the nation behind communities like Denver, Portland, Dallas and Austin. Said median rent requires an annual household income of not less than $83,800 for such rent to be "affordable" or for the household not to be "cost -burdened." ■ Miami's low-income service class — workers in low -skill jobs like retail, food service and home care which make-up more than 50 percent of the region's workforce — is severely cost -burdened. Miami's service class faces the greatest rental cost burdens among all classes with just under $11,000 in annual income left- over after paying rent — the 5r'' worst rate among large metropolitan areas in the nation. ■ Miami has the highest proportion of cost -burdened renters in the nation by a significant margin. More than half (53%) of renters spend 35 percent or more of their household income on rent. Greater Miami's renters have the least amount of money left over after paying for housing of any large metro. Miami's renters have, on average, less than $16,000 left over after paying their rent. Far less than the $30,000 or so in take-home income that renters in Washington, D.C. and Boston have left over after paying for their housing. 9366610-1 Packet Pg. 14 2.1.c h R ! _ 171h Street Apartments Project CONSISTENCY WITH CRA REDEVELOPMENT PLAN Chapter 4 of the CRA proposed amendment to the Redevelopment Plan (2019) reaffirms the importance of the development of affordable housing to the economic vitality of the CRA. With regard to projects assisted by the CRA (from which it excepts projects it seeks to support to provide workforce, low, or very -low income housing), it identifies among its community benefits priorities the "inclusion of an appropriate amount of below -market rate units," specifically workforce housing units (at less than 140% AMI) and units for low-income residents (less than 80% AMI). Among the policy reasons articulated for such community benefits requirement are: (i) preservation of the affordability of the neighborhood; (ii) prevention of existing resident displacement; and (iii) provide area workers an opportunity to live near work. On page 4-32 of the amended Redevelopment Plan, the CRA has noted that housing affordability is one of the key programs for the CRA to undertake. A thriving community is one where residents in all phases of life with varying types of employment can live in one area. To that end, the CRA outlined the following programmatic methods it can employ to increase the supply of affordable housing: To Assist For -Profit Housing Providers in the CPA could: ti co 2) Pay some portion of development costs such as impact or permit fees 3) Provide a direct cash subsidy in the form of a rebate equal to a percentage of the increases in taxes paid over a defined period of time after completion if affordable units are provided. In addition to the above programmatic methods to expand the supply of affordable housing, the CRA has identified the following goal on page 5-56 of the Redevelopment Plan: 6) Housing Affordability —The CRA should fund established and creative new ways to increase the stock of workforce and lower income affordable housing within the district. GOALS: a) Create project -specific developer incentives to ensure that new or significantly redeveloped residential projects in the CRA contain a sufficient number of'units that are affordable to the target populations. The Project and accompanying request seek financial support from the CRA to underwrite the development of residential units, specifically for low-income and workforce households, and asks the CRA to provide the Applicant with a project -specific incentive. 1111 PARK CENTRE BLVD #450, MIAMI, FL 33169 PHONE (305) 625 0949 INVESTMENTS.COM 9366610-1 Packet Pg. 15 2.1.c h R L 171h Street Apartments Project PROJECT DESCRIPTION The Developer proposes to enter into a public -private partnership with the CRA to advance its goal of developing much -needed affordable and workforce housing units within the redevelopment area. Applicant proposes to construct a 29-story tower on land it purchased over the course of the last three years which will consist of a mixed -use project comprised of the following elements: (i) 252 multi -family residential units; (ii) approximately 30,000 sq. ft. office use; and (iii) approximately 6,000 sq. ft. of ground floor commercial use (the "Project"). Applicant proposes to assist the CRA in advancing its Redevelopment Plan goal by restricting rents of ALL the residential units within the Project through the life of the CRA is outlined hereinbelow. The rent restrictions proposed will ensure that the Developer make residential units available to low-income households and households who can afford "workforce" rents, more specifically teachers, police officers, firefighters, nurses, and recent college graduates, among other professions. The Project represents the Developer's latest investment in the Omni "Arts + Entertainment District" — a w dynamic urban residential neighborhood connecting the CRA & downtown Miami with the Wywood Arts District s and the Design District. With the surrounding growth, the Arts + Entertainment District has seen growth in its 0 residential, culinary, entertainment and nightlife offerings, but substantial land remains undeveloped and a number of buildings remain dilapidated within the district evidencing the continued "slum & blight conditions" within the CRA. Applicant's CANVAS project, a new art -inspired condominium offering a "bohemian luxe" lifestyle immersed in the local art, culinary & cultural scene, has served to anchor the district's ascendant trajectory. t„ Beyond its project investments within the redevelopment area, NR Investments, Inc., has invested approximately $2 million in efforts to beautify the Arts & Entertainment District, attract new businesses and retailers to the area, and deliver high -quality arts, music and community programming, including "The Miami Flea," a pop- up market, and a "Moonlight Grooves," a music series held on CANVAS's backyard, among others. Given the Project's location just north of downtown Miami, it is conveniently accessible via multiple modes of transit, including: (i) the MetroMover via the "School Board Station" on N.E. 15`h Street; (ii) the City's free trolley system; and (iii) Virgin Trains' service at Grand Central Station. The inclusion of the proposed affordable and workforce dwelling units in the Project will provide residents convenient access to employment opportunities via mass transit servicing greater downtown Miami area and portions of the South Florida region via inter -city passenger rail service. Illustrative Project renderings and floor plans are enclosed as Exhibit "A". 1111 PARK CENTRE BLVD #450, MIAMI, FL 33169 PHONE (305) 625 0949 INVESTMENTS.COM 9366610-1 Packet Pg. 16 2.1.c 17th Street Apartments Project REQt E'STED PROJECT ASSISTANCE The Applicant makes the following request based on the assumption the CRA will be extended to 20471: 2047 CRA Expiration Date Proposed Residential Restrictions: Applicant proposes to rent -restrict 252 residential units — 188 studio units, 60 one -bedroom units and 4 two bedroom units— as set forth in the "Project Information Sheet" attached hereto as Exhibit "B." Said rent -restrictions will be remain in place from the date the Residential portion of the Project is placed in-service (as evidenced by the issuance of a temporary certificate of occupancy or certificate of occupancy for a residential dwelling unit) through the date of the CRA's anticipated term extension (2047). The Applicant will be permitted to adjust the maximum rent per unit for each unit type consistent with the rate schedule adopted by the Corporation for "Multifamily Rental Programs" for Miami - Dade County. The Developer will impose a covenant setting forth the rent restrictions and the minimum number of rent -restricted units by type. The covenant shall grant the enforcement rights to the CRA through the extended term of the CRA (2047). Requested Financial Assistance: Applicant requests a cash grant of $5_5 million (approximately $21,825 per unit) and a rebate of 95% of the TIF collected by the Omni CRA. Developer anticipates that the rebated tax increment will amount to approximately $8_5 million in gross receipts (or $3_9 million in present value) to off -set: a) an estimated $17.8 million in rent losses (gross) ($8_2 million in present value), b) the reduction in property value due to the rent restriction (beginning at over $11.1 million and increasing annually to over s $17.9 million by 20147 and c) the more than $2_6 million in estimated permit fees, water & sewer connection w charges, and impact fees to be assessed at the initiation of the Project. Applicant requests that the cash grant s be provided at time of the issuance of the Project building permit. See Exhibit "C" attached hereto. 2 ' This proposal anticipates the CRA will be extended at least through 2047. If the CRA is not extended beyond the current expiration of 2030, the Developer respectfully requests to receive the same cash grant and rebate rate. Accordingly, the Developer will continue to restrict all 252 Units through 2038 (8 years after TIF rebate would end), but will restrict less units at the lower 3 rent levels. Packet Pg. 17 2.1.c h R ! _ 171h Street Apartments Project APPLICANT EXPERIENCE & QUALIFICATIONS NR Investments 11 LLC, is a subsidiary of NR Investments, Inc. ("NR"), a privately held real estate investment company. Each of the company's principals and senior executives has extensive experience in real estate capital markets, acquisition, asset management, development, construction and risk management. NR believes in fostering cultural movements and communities in undiscovered areas, and in making their buildings the beacons of their renaissance. NR specializes in acquiring developing, repositioning, and managing real estate assets in major markets throughout the world. The company has acquired more than 10 million square feet of office and residential space across the globe. Over the past 18 years, NR has purchased, developed, repositioned and sold over $700 million of multifamily and commercial real estate assets. Recent Development Experience ■ Filling Station Lofts: In January 2013, NR stepped back into the Miami market with the acquisition and subsequent completion of the Filling Station Lofts, an 81-unit loft -style apartment building. • CANVAS Condominiums: In November 2013, NRl closed on the 1.07 acre CANVAS condominium site. NR constructed a 37-story, 513 unit residential condominium tower that received its final certificate of occupancy (C.O.) in 2018 and has to -date sold -out approximately 95% of its residential units. ■ 14' Street Development. In May 2014, NR closed on the 0.78-acre "14t" Street" development site. The project remains in the planning stages with the expectation of a mixed -use tower with more than 500 residential dwelling units. Ouali%tcations of Principals ■ Nir Shoshani — Principal. Prior to forming NR in 2001, Mr. Shoshani held the title of President at TiS America, Inc., a subsidiary of Top Image Systems Ltd. (NASDAQ: TiSA), a publicly traded, high-tech firm headquartered in Israel with operations around the globe. Mr. Shoshani is a graduate of the Belgrano School of Business in Buenos Aires. Ron Gottesmann — Principal. Prior to forming NR in 2001, Mr. Gottesmann worked as a mortgage broker overseeing the operation of GFI Mortgage Bankers Inc. of New York. With Mr. Shoshani, Mr. Gottesmann leads NR which today is a fully integrated development firm which owns and manages a wide variety of real estate, including large scale office buildings, commercial shopping centers, and multi -family housing. Under Mr. Gottesmann's leadership, the firm has maintained a consistent focus on property repositioning via the acquisition of underperforming buildings in high visibility locations rehabilitating them to their full potential through extensive renovation and management restructuring. Terry Wellons — C.O.O. Mr. Wellons serves as the Chief Operating Officer at NR. He leads the United States team directing a group of highly experienced attorneys, accountants and portfolio and property managers. He has a background in finance and as a real estate attorney, serves as lender's counsel and representing buyers and sellers of real estate, aids NR in each aspect of NR's business, effectively negotiating and gauging the legal and financial risks involved with each transaction. Mr. Wellons holds a degree in finance from Florida International University and a law degree from Nova Southeastern University. 1111 PARK CENTRE BLVD #450, MIAMI, FL 33169 PHONE (305) 625 0949 INVESTMENTS.COM 9366610-1 Packet Pg. 18 2.1.c 17t" Street Apartments Project EXHIBIT "A" PROJECT RENDERINGS & FLOOR PLANS I I I I PARK CENTRE BLVD #450, MIAMI, FL 33169 PHONE (305) 625 0949 INVESTMENTS.COM Packet Pg. 19 PROPERTY RENDERINGS RAW PROPERTY RENDERINGS PROPERTY RENDERINGS 2.1.c 17'h Street Apartments Project ExtustT "B" Omni CRA Grant and Tax Increment Recapture Agreement Project Information Sheet Developer/Applicant: Uni 17' Street, LLC Contact Person: Terry Wellons, Manager Telephone: (305) 625-0949 E-mail: teM@nrinvestments.com Project Address: 70 & 90 N.E. 17" Street and 1642 N.E. P Avenue, Miami, Florida Property Information Prior Year Taxable Values Existing Building Folio Numbers Size Lot Size 2019 2018 2017 01-3136-005- 4,451 sq. ft. 5,250 sq. ft. $877,250 $797,500 $869,535 0320 01-3136-005- 3,743 sq. ft. 4,775 sq. ft. $900,410 $818,555 $798,098 0310 01-3136-005- 0 sq. ft. 12,600 sq. ft. $1,428,889 $1,298,990 $1,180,900 0330 Total: 8,194 sq. ft. 1 22,625 sq. ft. 1 $3,206,549 $2,915,045 $2,848,533 Type of Project: Construction Commencement: Project Construction Completion Date: Project Construction Cost: Estimated Adj. Taxable Value (TIF Basis): Residential Units: Office Square Footage: Retail Square Footage: Property Acquisition Date: Total Acquisition Cost: Projected Residential Rent (Per Unit Type): Mixed Use (Retail, Office, Multi -Family Residential) July 1, 2020 January 1, 2023 $53,257,241 $36,139,475 252 Units 41,288 sq. ft. 4,413 sq. ft. September 2016 and April 2019 $4,775,000 Studio - $1,747 / 11313 - $2,224 / 213D - $2,750 Packet Pg. 25 2.1.c N A . . 17th Street Apartments Project Proposed Affordability Restrictions: 2047 Unit Type Total Units Maximum Rent Studio- 60% 10 $889 Studio- 80% 19 $1,186 Studio- 100% 29 $1,483 120% 38 $1,179 —Studio- Studio- 140% 92 $2,075 1 BD- 60% 3 $953 1 BD- 80% 6 $1,271 1BD- 100% 9 $1,589 1 BD- 120% 12 $1,906 1BD- 140% 30 $2,224 2BD-140% 4 $2,670 Total: 252 - ti Packet Pg. 26 2.1.c 17t" Street Apartments Project EXHIBIT "C" FINANCIAL ANALYSIS I I I I PARK CENTRE BLVD #450, MIAMI, FL 33169 PHONE (305) 625 0949 INVESTMENTS.COM Packet Pg. 27 NR Investments 11 LLC Project: 17th Street Apartments 2047 Financial Analysis L CRA/Developer Retainage: 95% 0 Growth Rate: 1.02 L Mlllage Rate Taxable Value(2019) Taxable Value(@C.O.) A41. Taxable Value Tax Receipts (Net) CRA TIF(95%) CRA Retained TIF(6S%) County Clawback(3S%) i Miami -Municipal Operating 7.4365 $3,20t,549 $41.871.023 $38,664,474 $287,528 $273,152 $177,549 $95,603 (a Miami -Dade County -Operating 4.6669 53,206,549 $41,871,023 $38,664,474 $18b,443 $171,421 $111,424 $59.997 Total Receipts: $467,972 $444,573 $288,972 $155,601 Tax Years m 2023 2024 2025 2026 2027 2028 2029 2030 Total In TIF to CRA: $298,972 5294.752 $300,647 $306,660 $312,793 $319,049 $325,430 $331,939 $2,480,242 TIF to Developer: $274,524 5280,014 $295,615 $291,327 $297,153 $303,096 $309,158 $315,342 $2,356.230 TIF to Developer (PV): $225,851 5279,399 $213,130 $207,041 $201,125 5195,379 $189,796 $184,374 $1,636,095 Tax Years 2031 2032 2033 2034 2035 2036, 2037 2038 Total ~ TIF to CRA: $321.648 $328,081 S334,643 $341,336 $348, 163 $355,126 $362,228 $369,473 $2,760,699 TIF to Developer; $305,566 $311,677 $317,911 $324,269 $330,754 $337,370 S344,117 $350,999 $2,622,664 tD TIF to Developer(PV): $170,151 $165,289 $160,567 $155,979 $151,522 $147,193 $142,988 $138,902 $1,232,591 Tax Years i+ 2039 2040 2041 2042 2043 2044 2045 2046 2047 Total TIF to CRA: $376,862 $384,400 $392,088 $399,929 S407,928 $416,087 5424,408 S432,896 5441,554 $3,676,153 S TIF to Developer: $358.019 $365,180 $372,483 $379,933 $387,532 $395,282 5403,188 5411,2S2 $419,477 $3,492,345 X TIF to Developer(PV): $134,934 $131,078 $127,333 $123695 $120,161 $116,728 $113,393 $110,153 $107,006 $1,084,482 W s Total TIF to CRA: $8,917,093� TIF to Developer: $8,471,238 TIF to Developer(PV): S3,953,167 (� N O Avg. Market Rent (Studio): $1,747 Q Target Market Rent (180): $2,224 0 Target Market Rent (280): $2,750 a Yearly 1BD LL Total Units Total Studio Units Max. Studio Rent Studio Rent Loss P/U Yearly studio Rent Loss Total ISO Units Max. 18D Rent ISO Rent Loss Yearly ISO Rent Loss Total 28D Units Max. 2BD Rent SBD Rent Loss Rent Loss 13 30 $889 (S858) ($102,960) 3 $953 ($1,271) (545,756) 25 19 $1,186 ($561) (5127,908) 6 $1.271 (5953) (568,616) 38 29 $1,483 ($264) (S91,872) 9 $1,589 (563S) (568,580) 50 38 51,779 50 50 12 $1,906 ($318) (545,792) 126 92 $2,075 50 $0 30 $2,224 50 50 4 $2,670 ($801 ($3,840) LL Total Studio Rent Loss: ($322,740) Total 18D Rent Loss: ($228,744) Total 18D Rent Loss: 63,840) V J J Tax Years r 2023 2024 2025 2026 2027 2028 2029 2030 r Annual Rent Loss: (5555,324) (S566,430) (S577,759) ($589,314) ($601,101) (S613,123) (S625,385) ($637,893) ($4,766.329) fn Annual Rent Loss(PV): (5456.8%) (S443,813) (5432,133) (5418,815) ($406,849) ($395,224) ($383,932) (5372.963) ($3,309.595) Valuation Loss ($11,306,480) (511.328,6101 ($11,555,182) (511,786,2851 ($12,022,011) ($12,267,451) (512,S07,700) (512,757,854) E Tax Years 2031 2032 2033 2034 2035 2036 2037 2039 Total Annual Rent Loss: ($650,651) ($663,664) (S676,937) ($690,476) (5704,285) ($718,371) ($732,7381 (5747,393) ($5,584,514) i Annual Rent Loss(PV): ($362,3071 15351,9551 ($341,899) (S332,131) ($322,641) ($313,423) ($304,468) (5295,769) ($2,624,592) Valuation Loss ($13,013,011) 1$13,273,272) (513,S38,737) ($13,809,512) (514.085.702) ($14,367,416) ($14,654,764) ($14,947,860) Tax Years Z 2039 2040 2041 2042 2043 2044 2045 2046 2047 Total Annual Rent Loss: (S762,341) ($777,588) (5793,1391 ($809,D02) (5825,182) ($841,686) ($858,520) ($875,690) ($893,204) ($7,436,352) r Annual Rent Loss(PV): 1$287,3181 (5279,1091 ($271,1351 ($263,388) (5255.863) (5248.552) (5241,451) ($234,S52) ($223,383) ($2,304,75D) I` Valuation Loss ($15,246,8171 ($15,551,7531 ($15,862,788) ($16,180,044) ($16,503,645) (516,833,718) ($17,170,392) 1$17,513,8C01 (517,864,076) i i Weighed AMI Restriction of Bottom 50% of Units 99.84% E t Total Rent Loss: ($17,787,1941 Total Rent Loss(PV): ($8,238,937) Y Q Packet Pg. 28 2.2 OMNI Board of Commissioners Meeting April 9, 2020 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Alex Diaz de la Portilla and Members of the CRA Board /I --\- From: Jason Walker Executive Director BACKGROUND: Date: April 3, 2020 File: 6724 Subject: 4/5ths Bid Waiver to Casa Mia Apartments, LLC Enclosures: 6724 Bid Waiver Memo 6724 Notice to the Public 6724 Letter —Casa Mia Apartments 6724 1815 NW 1st CT —Statement of Work The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16- 0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The Casa Mia Apartments, LLC ("Casa Mia") company submitted a grant proposal request to the CRA. Casa Mia Apartments, LLC is a for profit entity, and possesses a unique approach to affordable housing. The principals of Casa Mia Apartments, LLC have a history of successful rehabilitation of affordable housing units in Miami- Dade County. Their proposal is for the rehabilitation of approximately 12 affordable housing units concept is an ideal project for the Omni CRA area. JUSTIFICATION: The 2010 Redevelopment Plan on page 41, Section D-2 lists the objective of the CRA to, "[a]chieve rehabilitation of the maximum number of housing units." The proposal is also consistent with Section D of the plan on page 41 Section D "Improvements to the Public Realm" "to "[e]nhance the areas' visual attractiveness to businesses and residents." Packet Pg. 29 2.2 The plan also highlights working with private entities on page 42 A-1 to, "Provide incentives for redevelopment of blighted properties." The Plan also lists the objective A- 3 to, "Promote rehabilitation and maintenance of existing viable uses and structures." The Casa Mia Apartments, LLC submitted a proposal to rehabilitate a property located at the following address at 1815 NW 1st CT, Miami, Florida within the Omni CRA and now requests grant funding for the rehabilitation of the 12 units in the amount of $696,000.00. RECOMMENDATION: In light of the above mentioned background information, rehabilitation of the building and the Grantee's past business successes and the CRA's identified objectives in the CRA's plan to reduce slum and blight, and in consideration of the Executive Director's pledge to allocate grant funding to further the plan and activate the area, an approval of a bid waiver is recommended. FIINnimr.- Allocated from Omni Tax Increment Fund 2019-2020 Budget titled "Other Grant, budget line 18 and remainder from line 19. City of Miami Page 2 of 4 File ID: 6724 (Revision:) Printed On: 41612020 Packet Pg. 30 0 2.2 ;- City of Miami 1401 NOMNI C Avenue Omni Legislation Miami, FL 33136 www.miamicra.com C R A OMNI CRA Resolution File Number: 6724 Final Action Date: (MAY BE WITHDRAWN) A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS ADOPTED BY THE CRA; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CRA; ALLOCATING GRANT FUNDS IN THE NOT TO EXCEED TOTAL AMOUNT OF $696,000.00 FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 1815 NW 1 ST COURT, LOCATED IN THE CRA REDEVELOPMENT AREA TO CASA MIA APARTMENTS LLC, SUBJECT TO THE AVAILABILITY OF FUNDS; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is tasked with reducing slum and blight within its Redevelopment Area; and WHEREAS, On September 13, 2016, the CRA adopted Resolution No. CRA-R-16-0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA; and WHEREAS, the 2010 Redevelopment Plan ("Plan") on page 41, Section D-2 lists the objective of the CRA to "[a]chieve rehabilitation of the maximum number of housing units" and to make "Improvements to the Public Realm" by "[enhancing] the areas' visual attractiveness to businesses and residents"; and WHEREAS, page 42, Sections A-1 and A-3 of the Plan also states as goals to "Provide incentives for redevelopment of blighted properties" and to "Promote rehabilitation and maintenance of existing viable uses and structures"; and WHEREAS, Casa Mia Apartments LLC, a for profit entity ("Grantee"), submitted a proposal to the CRA to rehabilitate twelve (12) affordable housing units at the property located at 1815 NW 1st Court, Miami, Florida ("Project"); and WHEREAS, the Grantee specifically requests grant funding for the Project in the not to exceed total amount of $696,000.00; and WHEREAS, the success of the Project will result in accomplishing the stated objectives of the Plan; and City of Miami Page 3 of 4 File ID: 6724 (Revision:) Printed On: 41612020 Packet Pg. 31 2.2 WHEREAS, based on the recommendation and findings of the Executive Director, it is in the CRA's best interest to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended, as adopted by the CRA, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in a form acceptable to the General Counsel, with the Grantee for the provision of grant funds for the Project in an amount not to exceed $696,000.00, subject to the availability of funds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the CRA, are ratified, approved, and confirmed and the requirements for competitive sealed bidding methods as not being practicable or advantageous to the CRA are waived. Section 3. Funds are allocated in an amount not to exceed $696,000.00 to the Grantee to assist with the Project from the 2019-2020 Omni CRA Budget line item 18 and the remainder from line 19. Section 4. The Executive Director is authorized to negotiate and execute any and all agreements necessary, all in a form acceptable to the General Counsel, with the Grantee for the purposes stated herein. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL City of Miami Page 4 of 4 File ID: 6724 (Revision:) Printed On: 41612020 Packet Pg. 32 Ken Russell Board Chair INTER -OFFICE MEMORANDUM TO: Board Chair Ken Russell and Members of the CRA Board FROM: Jason Walker Executive Director BACKGROUND: Jason Walker Executive Director DATE: October 24, 2019 SUBJECT: Recommendations and and Findings to Waive Competitive Negotiation Procedures per City Code, authorizing the allocation of Grants funds to Casa Mia Apartments, LLC for the Rehabilitation of Property located at 1815 NW 1ST Court, Miami Florida. The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2010 CRA Redevelopment Plan ("Plan"). On September 13, 2016, the CRA approved and adopted Resolution No. CRA-R-16-0042, adopting the City of Miami's procurement ordinance as the process in which any and all services and goods are procured by the CRA. The Casa Mia Apartments, LLC submitted a grant proposal request to the CRA. Casa Mia Apartments, LLC, a for profit entity, possesses a unique approach to affordable housing. Their proposal for rehabilitation of approximately 12 affordable housing units concept is an ideal project for the Omni CRA area. The 2010 Redevelopment Plan on page 41, Section D-2 lists the objective of the CRA to, "[a]chieve rehabilitation of the maximum number of housing units." The proposal is also consistent with Section D of the plan on page 41, outlining Omni CRA Redevelopment goals as being "Improvements to the Public Realm" and to "[e]nhance the areas' visual attractiveness to businesses and residents." The plan also highlights working with private entities on page 42 A-1 to, "Provide incentives for redevelopment of blighted properties." The Plan also lists the objective A-3 to, "Promote rehabilitation and maintenance of existing viable uses and structures." The Casa Mia Apartments, LLC group has submitted a proposal to rehabilitate the property 1815 NW 1ST Court within the Packet Pg. 33 2.2.a Omni CRA and now requests grant funding for rehabilitation of the units in the amount of $696,000.00. RECOMMENDATION In light of the above mentioned background information, rehabilitation of the building and the Grantee's past business successes and the CRA's identified objectives in the CRA's plan to reduce slum and blight, and in consideration of the Executive Director's pledge to allocate grant funding to further the plan and activate the area, an approval of a bid waiver is recommended. An approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable nor advantageous to the CRA as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 (a), and the affirmation of these written findings and the forwarding of the same to the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency for ratification by a four -fifths (4/5t") vote is respectfully requested. Packet Pg. 34 2.2.b OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY NOTICE OF PUBLIC HEARING The Board of Commissioners ("Board") of the Omni Redevelopment District Community Redevelopment Agency ("CRA") will hold a Public Hearing on Wednesday October 30t", 2019, at 5:00 p.m. or thereafter at the Dorsey Memorial Library located at 100 NW 17t" St, Miami, Florida 33136, to consider the award of grant funds to CASA MIA Apartments LLC, a legal entity authorized to transact business/render services in the State of Florida, for the rehabilitation of affordable housing units located within the Omni district. In accordance with the Board's 2010 Redevelopment Plan ("Plan") and Florida Statute 163, the Board will consider the funding, in an amount not to exceed $696,000.00, to underwrite the expenditures and costs associated with the rehabilitation of the property located at 1815 NW 111 Court, Miami, Florida, critical in the rehabilitation units of affordable housing, within the CRA, envisioned to reduce slum and blight. Inquiries regarding this notice may be addressed to Jason Walker, Executive Director, OMNI CRA, at (305) 679-6868. This action is being considered pursuant to Sections 18-85 (a) of the Code of the City of Miami, Florida as amended ("Code"). The recommendation and findings to be considered in this matter are set forth in the proposed resolution and in Code Sections 18-85 (a), which are deemed to be incorporated by reference herein, and are available as with the scheduled CRA Board meeting of Wednesday October 30t", 2019, at 5:00 p.m. or thereafter at the Dorsey Memorial Library located at 100 NW 17t" St, Miami, Florida 33136. The CRA Board requests all interested parties be present or represented at the meeting and may be heard with respect to any proposition before the CRA Board, in which the Board may take action. Should any person desire to appeal any decision of the Board with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice), not later than five (5) business days prior to the proceeding. TTY users may call (305) 250-5472, not later than five (5) business days prior to the proceeding. (OMNI CRA Seal) Todd B. Hannon Ad No. 30809 Clerk of the Board Packet Pg. 35 U P T U R N G R O U P Letter of Transmittal SUBJECT: Casa Mia Apartments LLC Grant Application TO: Omni CRA: Adam Old FROM: PHONE: 305-815-5100 (Cell) PHONE: DATE: October 24, 2019 # OF PAGES Upturn Group: Natalie Duran 305-877-0337 0 Upturn Group and its principal Casa Mia Apartments LLC are excited to work with the Omni CRA on the rehabilitation of a 12-unit residential building located in the heart of Overtown. This apartment building consist of a 5700 SF apartment building with 6 2-bedroom apartments and 6 studio apartments. The property was acquired by Casa Mia Apartments and plans on working with the Omni CRA to rehabilitate the project. With this collaborated efforts, Upturn Group plans on continuing to provide Affordable Housing to the local community. The property was acquired for approximately $1 million dollars late 2018 and plans on receiving grant funding from the Omni CRA in the amount of $685,000 +/-. This cost sharing will not only provide financial flexibility for the principals but it will provide more housing stock in the Overtown neighborhood. The Omni CRA will afford the rehabilitation funding to the Developer in return for Affordable Housing with rents set forth in the rental regulatory agreement and Covenant of 20 years. Once the apartments are redeveloped; they are to intended to be leased to the existing residents. A< more units become available, they will leased to qualified tenants under Omni CRA criteria. By working with the Omni CRA, the developer can supply quality homes to the current residents at affordable rates- helping keep the community and family in their neighborhood. Warm regards, Natali ran Packet Pg. 36 2.2.d UPTURN GROUP CASA MIA APARTMENTS The Overtown area of Miami is comprised of 1950s and 60s post-war housing. Some single family homes but mostly concrete multifamily developments ranging from 4 unit to 20 unit structures. Most of the rental housing stock available is mainly owned by slumlords or absentee owners who do not address the dilapidated conditions. Some buildings have been sold or flipped several times (including ours) over the past years with no efforts of rehabilitation. The cost of land and construction has risen, and the opportunity of development is expanding to this area- leaving the current residents most vulnerable to displacement. Upturn Group wants to rehabilitate the current structure not only because of its historic contribution to the neighborhood character but also because of its strong bones. Sustainability here not only means ecologically aware, but also to sustain the local residents' ties to the community. We do not want to displace anyone, but keep our tenants in their home and keep the culture of the community strong. Thanks to the help of CRA, we plan on cost sharing this project so that we are able to continue to serve the current residents of the Omni area at affordable rates with homes they can be proud of. Developer & Princioals Developer: Natalie Duran of Upturn Group LLC Upturn Group concentrates on infill development and affordable housing in the Miami area. It is owned and operated by Natalie Duran and currently has over 200 units of ground -up affordable housing in the pipeline. She has the experience of working in real estate and construction since she was a child. Growing up with a mother who was a real estate professional and father who is a contractor, Natalie learned the business rather quickly. She received her undergraduate from Loyola University in Communications and Marketing, and then went to work with the family. She supervised and managed several projects ranging from single family homes to the build -out of a 60,000+ SF office building. She received her real estate license in 2011- concentrating in multifamily investments. She went on to attend University of Miami for their Master in Real Estate Development + Urbanism on scholarship and at the graduation ceremony was presented the award of Most Valuable Student in Real Estate Development by her peers, professors and the program directory. She continues to learn and expand Affordable Housing opportunities locally and has been working on policy changes within the City of Miami. Principal: Carlos Parra of Southeast Real Estate Investments LLC Southeast Real Estate Investments LLC is owned and operated by Carlos Parra- a Miami local who's has had the experience of acquisition and rehabilitation for more than 60 homes. He is a financial and risk analysist and consultant for corporate clients, and he is also an expert in marketing for commercial projects. He has a degree in Business Administration as well as Juris Doctorate. Packet Pg. 37 2.2.d UPTURN GROUP Principal: Jorge de Pina Jr. of Mia Acquisitions Inc. Mia Acquisitions Inc. is owned and operated by Jorge De Pina Jr. He is a Miami local who has strong ties to the community. He did his undergraduate in Florida International University and his Master in Real Estate Financing through the University of Miami. Mr. Pina owns a real estate brokerage company called Mia Realty and has been in the real estate business for over 15 years. His background has been in rehabilitation of single family homes, distressed assets, and is now in the works of constructing approximately 85 Affordable Housing units in the City of Miami. Architect: Moino/Fernandez Architects Inc. Marcelo A. Moino AR-11733 OW 941 Engineer: Maquiera Engineering Consultant Casa Mia Apartments LLC Marquis Bank: LOC General Contractor: Rick Developer Inc Ricardo Riera CGC1509229 Project Manager 2 pliers Packet Pg. 38 2.2.d UPTURN GROUP Development Description Proiect Overview The Developer plans on working with the Omni CRA to rehabilitate the existing structure. She intends to renovate the existing multi -family residential building located at 1815 NW 15Y CT. It is located in the Overtown neighborhood in the City of Miami. The property consists of one 6,300 SF T3-0 zoned parcel with one structure made up of 12 residential units. Once the apartments are redeveloped; they are to intended to be leased to the existing residents. As more units become available, they will leased to qualified tenants under the Affordable Housing Criteria set forth in the covenant and Rental Regulatory Agreement By redeveloping the property with the Omni CRA, the developer intends to keep stock of affordable housing to the current residents- maintaining the community and family ties in the neighborhood. 3 Packet Pg. 39 2.2.d UPTURN GROUP R �1 gill 0 .11 Packet Pg. 40 2.2.d - - ----------- UPTURN GROUP 5 Packet Pg. 41 2.2.d UPTURN GROUP Packet Pg. 42 .2.d UPTURN GROUP Proiect Deliverables The Developer and Owner commit to a period of 20 years under the following Affordable Housing lease rate guidelines. 25% of the building will be at 30-50% AMI 25% of the building will be at 50-80% AMI 25% of the building will be at 80-120% 25% of the building will be at Market Rates The property consists one freestanding building of 12 units: Studios 2-bedroom, One Bathroom units This applications is made by Upturn Group LLC., a Florida limited liability company (the "Developer') The Developer intends to renovate the existing 12-unit multi -family residential apartment building, which is located in the Overtown neighborhood in Miami -Dade County. The apartments, once renovated, are intended to be leased to the existing residents. As units become available, they will be leased to new tenants who are qualified under the Rental Regulatory Agreement. The project will be done one column of apartments at a time, starting from the West and working our way to the East. 3 units will be worked on simultaneously and the current tenants will move into the units once they are available. The Developer will work to keep tenants on property during renovation by temporarily relocating tenants to unoccupied units within the Development site and placing them back into their renovated units upon completion. The Developer expects to begin delivering units within 12 months from the commencement of work, with a completion date dependent on the cooperation of in - place tenants. General Description of the Development The Principals have formed a separate Florida limited liability company, which will be the record owner for the individual site: Casa Mia Apartments LLC. The Development consists of a total of 12 units spread out through three stories. The unit break -down is as follows: 6-Two Bedroom, One Bath Units 6- Studio, One Bath Units Developer commits to undertake the necessary renovation of the Development. The general renovation package, which the Developer intends to make in each of the units requiring renovation, consists of: Packet Pg. 43 2.2.d UPTURN GROUP • All upgrades to meet fire safety code. • Roof replacement with warranty. • New air conditioning system in all units- o 2 bedroom: Goodman 1.5Ton 16 SEER AC o Studios: Mitsubishi 12k BTU Cooling + Heating 23.1 SEER • Energy Star qualified water heater in all units. • Code -compliant impact windows. • Exterior doors replaced with fire rated metal doors. • Commercial VCT and/or Ceramic or comparable flooring throughout each entire unit. • Energy Star qualified refrigerator, dishwasher and full-size range and oven in all units. • The Developer will install new cabinets with granite or comparable counter tops, and a new sink and faucet. • The Developer will install new bathroom cabinets, sinks, fixtures, toilets, tubs or showers. The Developer will install ceramic, porcelain or comparable tile bathroom floors and walls at bathing areas. • Code compliant site lighting. • Appropriate landscaping and fencing. • Termite prevention and pest control • Replace existing plumbing with Florida Building Code required • Resurface parking area • Add exterior fencing for the safety and security of the residents. The Developer is committed to preserve and protect the environment and will install new Energy star - rated appliances and air conditioning equipment throughout the Development. The Developer will explore energy efficient solutions to help reduce utility costs to tenants and to promote the City's commitment to "sustainability". The Developer approximates $58,000 per unit to renovate- included but limited to all Hard Costs and Soft costs. This includes not only new interiors but also base building work such as new roof, windows, structural, mechanical, plumbing & electrical upgrades, and exterior finish - which includes landscaping, fencing, parking and common areas. Consulting, architectural and expediting services. Please note that the $58,000 per unit cost does not include a developer fee. Given this experience, the 12 unit renovation will cost a minimum of $696,000 to deliver a project which the Developer and the Omni CRA can be proud of. 0 Packet Pg. 44 2.2.d Rehab Cost By Trade UPTURN GROUP Labor Material Flat Fees Subtotal VLIVLRML I-UIVVI I IIIIVJ ')OlV DEMOLITION $0 .J L, L LU .JlUJ,UU-) $0 $33,580 $33,580 SIDING $7 $3 $6,000 $6,010 ROOFING $4 $3 $40,000 $40,007 EXTERIOR DOORS & WINDOWS $12,355 $3,139 $38,000 $53,494 LANDSCAPING $0 $0 $6,000 $6,000 MISC. EXTERIOR ITEMS $50 FRAMING & DRYWALL $0 CABINETS & COUNTERTOPS $3,600 DOORS & TRIM $10,210 FLOORING $5,400 TILING $0 PAINTING $3,350 APPLIANCES _ $0 PLUMBING $8,544 HVAC $0 ELECTRICAL $24,750 MISCELLANEOUS $2250 $107 $8,150 $8,307 $0 $42,000 $42,000 $8,988 $30,000 $42,588 $10,251 $12,000 $32,461 $17,334 $0 $22,734 $0 $4,600 $4,600 $1,798 $28,000 $33,148 $23,112 $0 $23,112 $17,835 $60,000 $86,379 $0 $36,000 $36,000 $5,906 $18,840 $49,496 $4140 $0 $0 Labor Material Flat Fee Subtotals Hard and Soft Costs Totals $71,330 $94,842 $526,175 $685,957 Hard and Soft Costs Totals per Unit $5,944 $7,904 $43,848 $57,163 Hard and Soft Costs Total per SF $13 $17 $92 $120 Land Cost Total $980,000 Development Cost Total $1,665,957 per Unit $138,830 0 U J J N c Q E ca Q. Q 2 �a y U 0 m M 00 N s LO N ti L 0 w 0 c d E a> a I H U rn Z U) T" co r IV N I- to r.� C d E s v Q Packet Pg. 45 2.3 OMNI Board of Commissioners Meeting April 9, 2020 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Alex Diaz de la Portilla Date: April 3, 2020 6726 and Members of the CRA Board Jason Walker Executive Director BACKGROUND: Subject: Removal of the Woman's Club Covenant Enclosures: 6726 Exhibit A 6726 Request for Agenda Item 6726 Submittal -Dusty Melton - Grant Agreement 6726 Submittal -Dusty Melton - Addendum to Grant Agreement 6726 Submittal -Dusty Melton - Covenant Recorded The Omni Redevelopment District Community Redevelopment Agency previously authorized grant funding to The Miami Woman's Club in the amount of Three Million Seven Hundred and Fifty Thousand Dollars ($3,750,000.00) for the renovation of its historic property located at 1737 North Bayshore Drive, Miami, Florida. The Club executed a declaration of restrictive covenant on the property in favor of the CRA, as an inducement for receiving the grant. The Covenant specified that there was to be no transfer of any interest in the property. The effect of this covenant would mean that any transfer of any interest whether sale or lease would need to be approved in writing by the Omni CRA. This legislation is before the board based on a request by the Club to remove the covenant. Packet Pg. 46 0 2.3 ;- City of Miami 1401 NOMNI C Avenue Omni Legislation Miami, FL 33136 www.miamicra.com C R A OMNI CRA Resolution File Number: 6726 Final Action Date: (MAY BE WITHDRAWN) A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE RELEASE OF THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND REGARDING THE MIAMI WOMEN'S CLUB LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, EXECUTED IN FAVOR OF THE CRA, AND RECORDED AT BOOK 27102 AND PAGE 4686, ATTACHED AND INCORPORATED AS EXHIBIT "A"; AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Omni Redevelopment Area ("Area") in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, the CRA previously authorized grant funding to the Miami Women's Club in the amount of $3,750,000.00 for the renovation of its historic property located at 1737 North Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, as a condition of the grant, a Declaration of Restrictive Covenants Running With the Land ("Covenant") was recorded against the Property in favor of the CRA and recorded at Book 27102, Page 4686, attached and incorporated as Exhibit "A"; and WHEREAS, the Board of Commissioners wishes to release the Covenant; and WHEREAS, the Executive Director seeks authorization to execute any and all documents necessary, in a form acceptable to the General Counsel, for the purposes stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners releases the Covenant, attached and incorporated as Exhibit "A". Section 3. The Executive Director is authorized to negotiate and execute any and all documents necessary, in a form acceptable to the General Counsel, for the purposes stated herein. Section 4. This Resolution shall become effective immediately. City of Miami Page 2 of 3 File ID: 6726 (Revision:) Printed On: 41612020 Packet Pg. 47 2.3 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL City of Miami Page 3 of 3 File ID: 6726 (Revision:) Printed On: 41612020 Packet Pg. 48 2.3.a rm L-, r_j Declaration of Restrictive Covenants :r. Running with the Land t� Page 1 of S ` !illlll Iill! lilil IlIII IIIII IIII111111 Ilil This Instrument Prepared By and Return To: -` Jessica N. Pacheco, Esq. C F N 2 i-131F R 0 L is ,4r 2 b Staff Counsel OR Sk 27102 Pgs 4686 - 4690; (5 Omni Redevelopment District RECORDED 12/+33/2009 13:4►j:46 Community Redevelopment Agency HARVEY RUVINY CLERK OF COURT 49 N.W. 5h Street, Ste. 100 MIAMI-DADE COUNTY? FLORIDA Miami, FL 33128 Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND THHJS DECLARATION OF RESTRICTIVE COVENANT (the "Covenant") made as of the 2 day of200 �l by THE MIAMI WOMAN'S CLUB, a Florida non- profit corporation ("Owner"), is in favor of the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes ('CRA'). RECITALS WHEREAS, the Owner is the owner of that certain real property, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"), which is improved with a four-story historic building; and WHEREAS, the Owner and the CRA entered into that certain Grant Agreement dated November 18, 2008, and that certain Addendum to said Grant Agreement dated June 18, 2009, in which the CRA agreed to provide funds, in an amount not to exceed Three Million Seven Hundred and Fifty Thousand Dollars ($3,750,000) (the "Grant") to Owner to renovate the Improvements (the "Project"); and WHEREAS, the Owner, in consideration of the Grant, has agreed to make a binding commitment to assure that the Property is maintained and operated in accordance with the provisions of this Covenant; NOW THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner voluntarily covenants and agrees as follows: 1. Recitals: The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2.3.a Declaration of Restrictive Covenants st Running with the band Page 2 of S ,_4 2. Covenant: The t1wner agrees not to convey or transfer any interest in the Property to any third party. 3. It: In the event Owner fails to comply with the terms and provisions of this Covenant, and if such noncompliance is not cured, to the CRA's satisfaction, within thirty (30) days from the date of receipt of written notice of default from the CRA, or within such further time as the CRA reasonably determines is necessary to cure (an "Event of Default"), Owner agrees to reimburse the CRA's Grant (the "Reimbursement"). 4. huRg tion and Enforcement: It is understood and agreed that any designated inspector of the CRA shall have the right any time during normal business hours to enter and investigate the ownership of the Property to determine whether the conditions of this Covenant is being complied with. 5. Lim Ruts and Priority: The obligation of the Owner to pay the Reimbursement upon the occurrence of an Event of Default shall be secured by this Covenant and the obligation of Owner to pay the Reimbursement shall constitute a lien and encumbrance (the "Lien Rights") upon the Property having priority from the recording of this Covenant and shall have priority over any subsequent lien or encumbrances affecting the Property. 6. Enforcement of Lien Riabb: In the event that Owner fails to pay any of the Reimbursement within ten (10) business days of when due, same shall bear interest at eighteen percent (18%) per annum until paid. The CRA may seek to enforce its Lien Rights pursuant to Section 6, and said Lien Rights shall be enforceable in the same manner as a mortgage foreclosure under Florida Law with priority from the date of recording of this Covenant. The CRA shall be entitled to recover its attorney fees and costs associated with enforcing its Lien Rights and same shall be secured by the Lien Rights. 7. Gove�ts to Ran with the Land: All covenants, agreements, conditions and undertakings contained herein shall extend and inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and shall be construed as covenants running with the Property. Whenever in this Covenant reference is made to any of the parties, it shall (unless expressly provided to the contrary in such references) be held to include and apply to, wherever applicable, also the successors and assigns of each party. 8. Attorneys' Fees aad Exn ws: In the event of any litigation between the parties, all expenses, including reasonable attorneys' fees and court costs at both the trial and appellate levels, incurred by the prevailing party, shall be paid by the non -prevailing party. The term "attorneys' fees," as used in this Covenant, shall be deemed to include, without limitation, any paraprofessional fees, investigative costs and other charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts). 9. Severability: In any of the provisions of this Covenant or the application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Covenant and the application of such provision to persons or situation other than those as to 2.3.a m .= Declaration of Restrictive Covenants ' Running with the Land Page 3 of S T T which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue valid and be in force to the fullest extent permitted by law. 10. Amendment and Modification: This Covenant may be modified, amended, or released as to any portion of the Property by a written instrument executed on behalf of the CRA and by the then -owner of the fee simple title to the land to be affected by such modification, amendment or release. 11. Termination of the : Upon the termination of the CRA, all rights and obligations of the CRA under this Covenant shall automatically transfer to the City of Miami ("City") and upon such transfer all references in this covenant to the CRA shall be deemed references to the City. 12. Recordation: This Covenant shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of Owner. 13. Effective Datg: The effective date of this Covenant shall be the date first written above. 14. ni ' n : All capitalized terms not defined herein shall have the meanings provided in the Grant Agreement. [SIGNATURE APPEARS ON FOLLOWING PAGE] 2.3.a m Declaration of Restrictive Covenants Running with the Land Page 4 of S T IN WITNESS WHEREOF, the Owner has caused this Declaration of Restrictive Covenants to be executed by its duly authorized officers on the day and year first above -written. Witnesses: Print Name: UeaAl �6� Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) THE MIAMI WOMAN' S CLUB, a Florida non-profit corporation, ("Owner") Name: Noreen Timoney Title: President 2_� The foregoing instrument was acknowledged before me this �- day of 2001, by Noreen Timoney, as President of THE NUANII WOMAN'S CLUB, wWLk_p��ufl ( ) or produced identification ( ) type of i0eptificat'on produced C'_Q�A�j e_11 Print or Stamp Name: Notary Public, State of -F`l nncic' . Commission No.: My Commission Expires: .t ro 0;W� Notary Public State of Florida Arlene Leal Moreton c a My Commission DD797693 oF r,, Expires 08/1312012 0 U U y C E O s 0 0 N Q X w W N C d E L V Q 2.3.a m -, �.� Declaration of Restrictive Covenants Running with the Land :.a Page S of S T l7 EXHMT "A" OF RESTRICTIVE COVENANT Ii N Legal Description of the Property +� W qLot 3, less the South 20 feet thereof that lies East of the West 250 feet thereof and all of Lot 4, Y. LL Amended Plat of Miramar Plaza, according to the plat thereof, as recorded in Plat Book 33, page 18, Public Records of Miami -Dade County, Florida. N Ix QJ 2.3.b The Miami Woman's Club 1717 North Bayshore Drive Suite 108pmb7 Miami, Florida 33132 themiamiwomansclub@outlook.com August 28, 2019 Via Electronic Mail Isiaa Jones, Esq. Chief Legal Officer Omni Redevelopment District Community Redevelopment Agency City of Miami 1401 North Miami Avenue Miami, FL 33136 Dear Ms. Jones: Thank you for the time you spent with Dusty Melton and me recently, as the Club seeks to vacate the Declaration of Restrictive Covenants Running with the.Land that was recorded on the Club's property December 2, 2009. We appreciate and accept your offer, made during our August 7 meeting with CRA Executive Director Jason Walker and other colleagues, to draft an agenda item for presentation to the CRA board. Please consider this to be the Club's formal request to be heard at the earliest CRA meeting possible. We certainly would appreciate the opportunity to review your document when it is in draft format. Thank you again for your assistance and collaboration. Sincerel Linda Joseph President Private cell: 305-975-8298 cc: Mr. Jason Walker Mr. Dusty Melton Packet Pg. 54 City of Miami �\ Community Redevcl pmcnt Agency MICHELLE SPENCE-JONES Board Chair Via Hand -Delivery November 21, 2008 Noreen Timoney, President Miami Woman's Club 1737 North Bayshore Drive Miami, Florida 33132 Re: Grant Agreement for Repairs and 40-year Recertification Ms. Timoney, Submitted Into the public record in connection with Item q on Todd B. Hannon Clerk of the Board JAMES H.VILLACORTA Executive Director For your records, enclosed please find the Grant Agreement between the Omni Redevelopment District Community Redevelopment Agency and The Miami Woman's Club, dated November 18, 2008, for the repairs and 40-year recertification of the building at 1737 North Bayshore Drive. Should you have any questions or concerns, please feel free to contact our office. Kino Re Jess c Staff Counsel Enclosures: Grant Agreement SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN Q COMMUNITY REDEVELOPMENT AGENCIES 49 N.W. 5 "Street, Ste. 100 / Miami, FL 33128 ! Telephone: (305) 679-6800 ! Facsimile (305) 679.6835 Email: cratfd.miami.fl.us. ! Website: www.miami-cra.org 02� I U.5 oe��n- �rQ Packet Pg. 55 Submitted into the p L�E:] record in connection Item 4— on b- C �) Todd B. Hannon Clerk of the Board GRANT AGREEMENT THIS AGREEMENT is entered into as of the day of 2a by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") and THE MIAMI WOMAN'S CLUB, a Florida non-profit corporation ("CLUB") RECITALS A. WHEREAS, on January 28, 2008, the CLUB made a presentation to the Board of Commissioners of the CRA and requested Three Million Seven Hundred and Fifty "Thousand Dollars ($3,750,000) to underwrite the costs associated with repairs and 40-year recertification of its building at 1737 North Bayshore Drive, Miami, Florida; and B. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-08-0009, passed and adopted on February 25, 2008, authorized the issuance of a Grant to the CLUB, in an amount not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000), for the repairs and 40-year recertification of its building at 1737 North Bayshore Drive, Miami, Florida; and C. WHEREAS, on February 25, 2008, the Board of Commissioners directed the Executive Director to include the funding balance for the repairs and 40-year recertification in the CRA's budget for Fiscal Year 2009, which requires Board approval; and D. WHEREAS, the parties anticipate that the CLUB will request a second grant from the Board of Commissioners for the funding balance budgeted for Fiscal Year 2009; and E. WHEREAS, the CLUB and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use of the Grant authorized on February 25, 2008; Page 1 of 12 Packet Pg. 56 Submitted into the pub 2.3.c record hn conne uvn w Item -4- on Todd B. Hannon Clerk of the Board NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to as follows: r THE GRANT 1. RECITALS. The Recitals and all statements contained therein are true and v correct and are hereby incorporated into this Agreement. G) N 2. GRANT. Subject to the terms and conditions set forth herein and the CLUB's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the 0 d CLUB the Grant to be used for the purpose and disbursed in the manner hereinafter provided. r c 3. USE OF GRANT. The Grant shall be used as follows: to underwrite costs Ta > 0 E associated with the CLUB's repairs and 40-year recertification of its building at 1737 North m Bayshore Drive, Miami Florida, as more particularly described in Attachment "A" ("Project"). co 4. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained F in this Agreement, the CRA shall make available to the CLUB up to One Million Eight Hundred Thousand Dollars ($1,800,000). Payments will be made only after receipt of Project -specific invoices and verification of acceptable work product. In no event shall payments to the CLUB under this Grant agreement exceed One Million Eight Hundred Thousand Dollars ($1,800,000). 5. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon the earlier of. i) full disbursement of One Million Eight Hundred Thousand Dollars ($1,800,000); or ii) earlier termination as provided for herein; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees and costs shall survive the expiration or earlier termination of this agreement. Page 2 of 12 Packet Pg. 57 Submitted into the publ 2.3.c record in ee.ineaidn wit. Item �pn Ib- D-I Todd B. Hannon Clerk of the Board 6. COMPLIANCE WITH POLICIES AND PROCEDURES. The CLUB understands that the use of the Grant is subject to specific reporting, record keeping, r R administrative and contracting guidelines and other requirements affecting the activities funded 0 by the Grant. The CLUB covenants and agrees to comply, and represents and warrants to the v CRA that the Grant shall be used in accordance, with all of the requirements, terms and v N _ conditions contained therein as the same may be amended during the term hereof. Without E 0 limiting the generality of the foregoing, the CLUB represents and warrants that it will comply d r and the Grant will be used in accordance with all applicable federal, state and local codes, laws, c rules and regulations. o E am 7. RECORDS AND REPORTS/AUDITS AND EVALUATION. a c� a. The CLUB understands and acknowledges that the CRA must meet certain record keeping and reporting requirements with regard to the Grant. In order to enable the CPA th to comply with its record keeping and reporting requirements, the CLUB agrees to maintain all records as required by the CRA. b. At the CRA's request, and no later than thirty (30) days thereafter, the CLUB shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require. C. The CRA shall have the right to conduct audits of the CLUB's records pertaining to the Grant and to visit the Project, in order to conduct its monitoring and evaluation activities. The CLUB agrees to cooperate with the CRA in the performance of these activities. d. The CLUB's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the (-Rik of any inconsistent, incomplete or Page 3 of 12 Packet Pg. 58 Submitted into the public record in connection with Item —�— on Todd B. Hannon Clerk of the Board inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. r R 8. REVERSION OF ASSETS. Upon the expiration of the term of this Agreement, 0 the CLUB shall transfer to the CRA any unused Grant funds on hand at the time of such v expiration. V N 9. REPRESENTATIONS AND WARRANTIES. The CLUB represents and _ E warrants the following: 0 d r a. Invoices for all expenditures shall be submitted to the CRA for review. 0 b. Funds disbursed under the grant shall be used solely for the Project. o E C. The CLUB shall competitively bid out the components of the Project. m d. The CLUB shall record a restrictive covenant on its property at 1737 c� North Bayshore Drive, in which the CLUB covenants to refund the entire Grant in the event the property is sold. e. The CLUB shall grant the City of Miami ("City"), in perpetuity, an approximately 23-foot wide baywalk easement, in the form attached hereto as Exhibit "B", running the entire length of its property at 1737 North Bayshore Drive that will serve as a permanent public access to the waterfront. The design of the baywalk shall be approved by both the Club and the CRA, which approval shall not be unreasonably withheld. The easement shall not be recorded, unless the CLUB is issued a second grant for the finding balance budgeted for Fiscal Year 2009. f. Any fiends received by the CLUB in excess of Nine Million Dollars ($9,000,000), as a result of either settlement or judgment in the case of The Miami JVoman's Club v. Miami International University of Arts & Design, Inc., Case No. 07-17136 CA 33, in the Page 4 of 12 Packet Pg. 59 Submitted into the publi 2.3.c record 1n, —c",inecuvn iivrt - - - item on L - Todd B. Hannon Clerk of the Board Eleventh Judicial Circuit in and for Miami -Dade County, Florida, shall be disbursed to the CPA in repayment of the Grant. g. The CLUB shall prominently display signage onsite acknowledging the CRA's contribution to the Project. The CRA shall be responsible for the cost of such signage. The CRA's contribution shall also be acknowledged in all promotional materials. The CRA shall have the right to approve the form and placement of all acknowledgments. h. Upon receipt of reasonable notice, the CLUB shall allow the CRA and/or the City to use the CLUB's parking lot, at no cost to the CRA or the City, when the CRA and/or the City have an event at 1717 North Bayshore Drive, the property adjacent to the CLUB's building at 1737 North Bayshore Drive. i. Upon receipt of reasonable notice, the CLUB shall allow both the CRA and/or the -City to use the CLUB's facility at 1737 North Bayshore Drive up to six (6) times per year, at no cost to the CRA or the City. 10. REMEDIES FOR NON-COMPLIANCE. if the CLUB fails to perform any of its obligations or covenants hereunder, or breaches any of the terms contained herein, then the CRA shall have the right to take one or more of the following actions: CLUB; a. Withhold cash payments, pending correction of the deficiency by the b. Recover payments made to the CLUB; C. Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; d. Withhold further awards for the Project; or e. Take such other remedies that may be legally permitted. Page 5 of 12 Packet Pg. 60 Submitted Into the public record In Connection with Item __1__ o" lb JO- Iq Todd B. Hannon Clerk of the Board 11. NON-DISCRIMINATION. The CLUB, for itself and on behalf of its r contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, m religion, national origin, age, marital status or handicap in connection with its performance tinder 0 U this Agreement. Furthermore, the CLUB represents that no otherwise qualified individual shall, U solely, by reason of his/her race, sex, color, religion, national origin, age, marital status or E handicap be excluded from the participation in, be denied benefits of, or be subjected to 0 d discrimination tinder any program or activity receiving financial assistance pursuant to this r 0 Agreement. 0 12. CONFLICT OF INTEREST. The CLUB has received copies of, and is familiar a with, the following provisions regarding conflict of interest in the performance of this Agreement N ti c� by the CLUB. The CLUB covenants, represents and warrants that it will comply with all such r conflict of interest provisions: a. Code of the City of Miami, Florida, Chapter 2, Article V. b. Dade County Code, Section 2-11.1. 13. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 14. CERTIFICATIONS RELATING TO THE GRANT. The CLUB certifies that: a. All expenditures of the Grant will be made in accordance with the provisions of this Agreement. Page 6of12 Packet Pg. 61 Submitted into the pu record in 4onntiaion Item —�— on l r - 3o-/�j Todd B. Hannon Clerk of the Board b. The Grant will not be co -mingled with any other funds and separate bank accounts and accounting records will be maintained. r R C. The expenditures of the Grant will be properly documented and such 0 documentation will be maintained on file. v d. Periodic progress reports will be provided to the CRA as requested. v N _ C. No expenditure of Grant funds shall be used for political activities. E 0 f. The CLUB will be liable to the CRA for the amount of the Grant d r expended in a manner inconsistent with this Agreement. c 15. DEFAULT. If the CLUB fails to comply with any term or condition of this o E m Agreement, or fails to perform any of its obligations hereunder, then the CLUB shall be in c� default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the CLUB, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to the CLUB while the CLUB was in default shall be immediately retumed to the CRA. The CLUB understands and agrees that termination of this Agreement under this section shall not release the CLUB from any obligation accruing prior to the effective date of termination. 16. LIABILITY OF THE CRA. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the CRA shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 17. INDEMNIFICATION OF THE CRA. The CLUB will protect, defend, indemnify and hold harmless the CRA and its agents from and against any and all claims, actions, damages, liability and expense (including ifees of att)mc:ys, investigators and experts) in Page 7 of 12 Packet Pg. 62 11 Submitted into tht pub record in connection wtM Item on Ib 3(7-1 Todd S. Hannon Clerk of the Board connection with loss of life, personal injury or damage to property or arising out of this Agreement, except to (lie extent such loss, injury or damage was caused by the gross negligence r R of the CRA or its agents. 0 1.8. INTERPRETATION. v a. Captions. The captions in this Agreement are for convenience only and v to _ are not a part of this Agreement and do not in any way define, limit, describe or amplify the E 0 terms and provisions of this Agreement or the scope or intent thereof. r b. Entire Agreement. This instrument constitutes the sole and only 0 agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and E m obligations of the parties. There are no collateral or oral agreements or understandings between co N the CPA and the CLUB relating to the Agreement. Any promises, negotiations, or c� r representations not expressly set forth in this Agreement are of no force or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. C. Construction. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terns hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the 1preparation of this Agreement. Page 8of12 Packet Pg. 63 Submitted into the pu record he iannEcJun wIu1 Item �prt 10-341`j Todo B. Hannun Clerk of the Board d. Covenants. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent r R covenant of the party bound by, undertaking or making the same, not dependent on any other 0 provision of this Agreement unless otherwise expressly provided. All of the terms and conditions v set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise v N _ expressly set forth herein. E 0 e. Conflicting Terms. in the event of conflict between the terms of this r Agreement and any terms or conditions contained in any attached documents, the terms of this 0 Agreement shall govern. E m E Waiver. No waiver or breach of any provision of this Agreement shall c� constitute a waiver of any subsequent breach of the same or any other provision hereof, and no r waiver shall be effective unless made in writing. - g. Severability. Should any provision contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 19. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 20. OWNERSH[P OF DOCUMENTS. Upon the CRA's request, all documents generated by the CLUB in connection with this Grant shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. Page 9 of 12 Packet Pg. 64 Submitted into the publi record in conn@ction with Item 1�1 -on 10.3D-lq Todd B. Hannon Clerk of the Board The CLUB agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further r understood by and between the parties that any documents which is given by the CRA to the R CLUB pursuant to this Agreement shall at all times remain the property of the CRA, and shall O v not be used by the CLUB for any other purposes whatsoever, without the written consent of the v N _ CRA. E 21. AWARD OF AGREEMENT. The CLUB warrants that it has not employed or O r retained any person employed by the CRA to solicit or secure this Agreement, and that it has not o offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission E percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the am Grant. co N co - 22. --VON-DELEGABILITY. The obligations of the CLUB --under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sole discretion. 23. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced in accordance with Florida law. 24. TERMINATION OF CONTRACT. The CRA retains the right to terminate this Agreement at any time without penalty to the CRA. In that event, the CRA shall give fifteen (15) days written notice of termination to the CLUB. Notwithstanding the CRA's right of tennination, the CRA shall be responsible for all actual costs arising out of the termination under this Section. 25. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by Page 10 of 12 Packet Pg. 65 Submitted into the public record in connoci;on wiin Item . I on 10-34 1 cl Todd B. Hannon Clerk of the Board registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally r R served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever 0 U is earlier. � Omni Redevelopment District U Community Redevelopment Agency The Miami Woman's Club 49 NW 5th Street, Suite 100 1737 North Bayshore Drive E Miami, FL 33128 Miami, FL 33132 0 Attn: James H. Viliacorta Attn: Noreen Timoney Executive Director President r 0 26. INDEPENDENT CONTRACTOR. The CLUB, its contractors, subcontractors, E m employees and agents shall be deemed to be independent contractors, and not agents or c� N employees of the CRA, and shall not attain any rights or benefits under the civil service or r pension -programs of -the CRA—or any rights -generally -afforded -its employees; -further, they shall - 0 not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 27. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 28. AUTHORITY. The CLUB certifies that the CLUB possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of the CLUB's governing body, authorizing the execution of this Agreement, and identifying the official representative of the CLUB to act in connection herewith and to provide such additional information as may be required by the CRA. SIGNATURES APPEAR ON FOLLOWING PAGE Page II of12 Packet Pg. 66 Submitted Into the public record la connc-Rlon- viii`n Item ` -on I b D I Todd S. Hamm" Clerk of the Board IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the CRA and the CLUB have executed this Agreement. Witnesses: LOW Print Name: By: Print Name: ATTEST: /rilscilla4A..ompson 11-A&P-Or / Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: Julie O.'?Ta �- CRA General Counsel THE MIAMI WOMAN'S CLUB, a Florida non-profit corporation, ("CLUB") By:.- - C Noreen'Timoney , President ONINI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: [ye,_ j _ rxCc es H. Villacorta utive Director 1r) Page 12 of 12 Packet Pg. 67 Submitted into the public record in connection with 2.3.c Item � on I b-3 & ) Todd B. Hannon Clerk of the Board EXHIBIT "A" TO GRANT AGREEMENT Scope of Work Packet Pg. 68 Submitted Into the public record In connection wit Item 10jD-)PE1 Todd B. Hannon Clerk of the Board EXHIBIT "A" SCOPE OF WORK & BUDGET COST ESTIMATE Miami Women's Club Restoration LOCATION. 1737 N. Bayshore Drive, Miami Fl. R.J. Halsenbottle Architects, PA DATE. 04122108 Scope of Work Description Total Construction Structural Repairs & 40 CRA Lm CRA Reqat i . ... Cost Year Fj'. of A. CMU SITE WORKIDEMOLITION D ern"billion" . $168750 DernoNon of wds" roaffng... $28' 609 $28609 S28,60920. Demolition of exivew windows $42,525 542!525 $42.525 Demolition of exterior doors $2,700 52,700 SZ700 Site dear two elevators $6,750 $47,250 Repave parking lot $142.594 New wheel ato $6.750 ~allowance), $10,125 Drainage Improvement 8'U.G. pipe $20,250 Replace Sod $29.700 Landscapfna (allowance) $162,000 Irrigation (allowance) $81.000 Park benches (4) & trash containers (4) $21.600 Hardscepina (BeyAsk) $202,500 City Water 8" Una connect to N. Bayshore Dr $27,338 rity Sewer 8* Una connect to N. Bayshore Or. $27,338 SUBTOTAL t $1,027,T78 S73 834 S45 5 $28,609 S. EXTERIOR Repiace windows (impact resistance ) 5722115 r S722,115 4 SM115 Replace doors $37.800 $37,800 S37.81X) Of flat roof. ;7 $143046 I $143,046 ?*W roof drains-8 IIAM $9,720 9 9 $9.720 1 19 W M RepleceBarrel Tile'Roof. $24,948 $go 9 $24948 --._S24$46.00- Slucco exterior repairs 0000 $270,000 $27 0 000 SM ow.0c): Concrete lambs Untals 90 vWr4ovvs & doors $1 a090 $18.090 $18 090 $18.090 $18JM Restore Iron f allingis (siloywance) $25.313 1 SO.312.50 I Historic 2!&A (akMehrA) $20Z500 M313 .500 1 1 5202.500.00.-;l SUB -TOTAL B $1.453= 1 $1,453,532 1 ST78,005 1 $675,521 1 so C. INTERIOR $54 00 00' N" Floor replacement (allowance) $486,000 Interior wallsfoartitions $56.7m Mldft pelm-1 $540000 S = '-'— '0�'—' �-$l WO -IX Stabilize %ter callings fallowance) 52D2.SWOO R!@M'mech�LW94Lft rRako clb".ft 71 0 5 50 ISUB-TOTALC $1-.841)7.3075 $0 $0 so 1 $182,419 0. SPECIALTIES Stage system, lights, dimmina controls, etc. $270,000 Sound systems 1 $162.000 Kitchen equipme $270.000 220LW#a Lt�'& $607,500 - - =$40S2 SUB -TOTAL D S405,0W 5 �00 2 0 500 $202,500 $1,7114,500 W 5000 $ 0 $202.500 $202,500 $151,875 Page I of 2 I Packet Pg. 69 1 Submitted Into the publi record in connection wit 2.3.c Item Ci -on I D-,30-1 Todd 8. Hannon Clerk of the Board E. ADA UPGRADE $135 000 Do SUB -TOTAL E 1 $135000 1 so I S0 A s0 1 $33 750 F.ELEVATORS f87 S00 1 s0 SUB -TOTAL F 587 500 s0 s0 $87 500 s0 G. MECHANICAL ' 20l9i3 $216,000 $3400000 C rssourtt7 - - s24 300 E S27 000 ZSObO ae ce 1 O0 •" 7l £ 324,840 _ +''!rc` aar a "ramtir- 533750Kitchen hoods I exhaust tem. 8 ventilation chasef81 000 r548 SUB -TOTAL G $744390 $0 0 f0 $1 H. PLUMBING -ttl (iilC r • r,.: $270 000 rtz5t . at. SUB -TOTAL H 1 $270 000 1 s0 so I f67 L ELECTRICAL Emergency generator 8 transfer switch 30OKW i47 50 $47 250 $23 625 $188 750 $168 750 Electrical transformer (Dry Type 45KVA 3 Phase $4 725 f4 725 $4 725 Electrical panel boxes 800 Amps, 42 Circults $54 000 $54 000 $54 000 Exterior light fixtures (allowanral $19 440 a - - — "�, '",. ;.. $189 000 4. .: 7 - Parkl Icl les 6 lights $74 250 Sub-TOtai 1 $557 41S 1 $274 72S 1 $82 350 f23 82S I f4 860 J. FIRE i SAFETY EPti2 : 1- 7'' ,_.fir "-• ^ H.. f45 900 $45,900 "s 1' $371 250 $371 250 $185 625 1 82 f 168.750 $168 750 $42188 i H.P. f27,000 f27 000 $27 000 r"�""" •'j' r}' :" $182 50 PSUITOPTAA-7� $182250 f795 150 $795150 $254 813 $312198 $57 038 GRAND SUBTOTAL s8 192 639 1 f3 002 41 1 $1,362,893 1 $t 329 948 $719 920 INSURANCE I BOND 1.5% 1 f122 S45 034 1 $20 443 1 $19 949 f10 797 CONSULTANT I DESIGN FEE 15% 1 f1 896 f450 f204 $199 492 107 973 PROJECT CONTINGENCY 20% . 1 f1 638 528 $600 448 1 $272 579 $265 990 f143 964 TOTAL PROJECT COSTS 2008 i11 18 953 1 $4 098 059 1 $1 860 348 1 VA113,379 :.. BI 34 I*Proled Area - 35,751 Gross S4. FL I t312.80 1 f 114.63 1 $52.04 50.78 1 s27.48 Note: Marina & 8aywalk oonstructlon cost not included. TOTAL PROJECT COSTS 2008-2009 "'Includes CRA-1, CRA•2 plus Interior Buildout for First Floor $4,658,282 Pape 2 of 2 Packet Pg. 70 Submitted into the public record !n conn&-•�aw��1m. •'' 2.3.c Item __ — on Tbdd S. Hannon Clerk of the Board EXHIBIT "B" TO GRANT AGREEMENT Grant of Easement Packet Pg. 71 Submitted into the public record in connection with Item --` — orl 10 -30-)Cl Todd B. Hannon Clerk of the Board GRANT OF EASEMENT THIS GRANT OF EASEMENT (the "Easement Agreement") is entered into as of the day of , 2008, by and between the MIAMI WOMAN'S CLUB, a non-profit Florida corporation (the "Grantor"), and the CITY OF MIAMI, a municipal corporation of the State of Florida (the "City"): RECITALS: A. The Grantor is the owner in fee simple of the land located at 1737 North Bayshore Drive, Miami, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. The Grantor and the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "CRA") entered into that certain Grant Agreement dated (the "Grant Agreement"). As a condition of the Grant Agreement, Grantor is required to grant the City, in perpetuity, 23-foot wide pedestrian easement running over the entire length of the Property, as more particularly described on Exhibit "B" attached hereto and made a part hereof (the "Baywalk Easement Area"). C. Grantor desires to grant the City an easement over and across the Baywalk Easement Area, as hereinafter provided. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and the City hereby agree as follows: 1. Recitals. The Recitals to this Easement Agreement are true, correct and incorporated herein by reference. 2. Grant of Pedest,-ian Baywalk Easement. Grantor does hereby grant, give and convey to the City, its successors and assigns, a perpetual easement for any appropriate public purposes, including but not limited to, pedestrian ingress, egress and access over and across the Baywalk Easement Area (the "Baywalk Easement"). 3. Design and Construction of Banalk. The City shall have the right, but not the obligation, to design, construct a baywalk, landscaping and related improvements (collectively, the "Improvements") within the Baywalk Easement Area. The City shall have the right to remove any improvements currently located within the Baywalk Easement Area, including, but not limited to the existing fence. 4. Rights Reserved by Grantor. Grantor hereby reserves unto itself, its successors and assigns as follows: (a) the right of ingress and egress across, the Baywalk Easement Area by Grantor, its successors, assigns and guests, invitees and persons doing business with Grantor, including the use of the waterfront abutting the Baywalk Easement Area for permissible marina and other purposes, public and private, in accordance with all Packet Pg. 72 J' Submitted into the public record in connection wit Item . on 13D Todd B. Hannon Clerk of the Board applicable laws, provided such uses do not interfere with the use of the Baywalk Easement by the public; and (b) the right to install and maintain underground facilities for utilities within the Baywalk Easement Area, provided Grantor promptly repairs any damage to the Improvements resulting from the insulation and/or repair of underground facilities. 5. Maintenance of Baywalk. Upon completion of construction of the Improvements by the City, the completed Improvements shall be perpetually maintained by the Grantor in good, clean and first-class condition. "First Class Condition" shall require, at a minimum, that the replacement materials used on the Improvements shall be of better or equal quality than that used in its initial construction. 6. Insurance, Indemnity and Hold Harmless. (a) insurance. Prior to commencing the construction of the Improvements, the City shall obtain the insurance required by the City's Risk Management Administrator and provide the Grantor with evidence, consisting of certificates or policies of insurance and bonds issued by Florida insurers and/or sureties rated B:VII or better per A.M. Best's Key Rating Guide, latest edition, of: (a) builder's risk insurance for the full replacement cost of the Improvements, and (b) general liability insurance in such form and amounts as may be reasonably required by the City's Risk Management Administrator. The amount of insurance coverage required will not be less than the amounts set forth in Exhibit "C", "Insurance Requirements," attached hereto. Said insurance policies shall name the Grantor as an additional insured. The foregoing insurance coverage shall be maintained in effect by City from the commencement of construction of the Improvements until completion of the Improvements. The Grantor shall be given at least 30 days prior written notice of any cancellation, lapse, or material modification of said insurance coverage. (b) Insurance for MgiWenance. The Grantor shall provide the City's Risk Management Administrator with evidence of general liability insurance in such form and amounts as may be reasonably required by the City's Risk Management Administrator, and in amounts not less than the amounts set forth in Exhibit "C". Evidence shall consist of certificates or policies of insurance issued by Florida insurers rated B:VH or better per A.M. Best's Key Rating Guide, latest edition. Said insurance policies shall name the City as an additional insured. The foregoing insurance coverage shall be maintained continuously in effect. The City shall be given at least 30 days prior written notice of any cancellation, lapse, or material modification of said insurance coverage. (c) Hold Harmless and Indemnify. Grantor, its successors and assigns, hereby covenant not to sue, hold harmless, indemnify, and defend the City, the CRA and their respective officers or employees in any and all actions, claims, demands, costs, expenses, liabilities or damages arising or accruing by virtue of acts of omissions of Grantor, its agents, servants, representatives, successors and assigns. This hold harmless, indemnity and covenant not to sue includes, without limitation, any and all claims for personal injury, wrongful death, damage to or loss of property, violation of applicable laws, codes, rules, construction, architectural, or design decisions, actions or omissions. The duty to defend may be complied with, at the option of the 2 Packet Pg. 73 1 Submitted into the public record in connection with Item (17 on 1 D 3D 2 Todd B. Hannon Clerk of the Board City Attorney, by either paying reasonable attorney's fees for the cost incurred by the: City in its defense, or by selecting defense counsel, the cost of which shall be borne by Grantor. The obligations under this section shall survive the expiration or cancellation of this Easement Agreement. 7. Miscellaneous. (a) Enforcement. The provisions of this Easement Agreement may be enforced by all appropriate actions in law and in equity by any party to this Easement Agreement. In order to expedite the conclusion of the actions brought pursuant to this Easement Agreement, the parties, their successors and assigns will not demand jury trial nor file permissive counterclaims outside the bounds of this Easement Agreement in such actions. The parties expressly waive the right to a jury trial in connection with any matter arising under this Easement Agreement. (b) Counterparts. This Easement Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which when taken together shall be deemed to be one and the same instrument. (c) The City Officials. The "City" is a municipal corporation, and the City Manager as its Chief Administrative Officer, is empowered to make all decisions with regard to this Easement Agreement on behalf of the City, unless otherwise provided by law or by resolution of the City Commission. (d) Successors and Assigns. This Easement Agreement shall inure to the benefit of and be binding upon the Grantor and its successor.; and assigns. (e) Construction The section headings contained in this Easement Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. All of the parties to this Easement Agreement have participated fully in the negotiation of this Easement Agreement, and accordingly, this Easement Agreement shall not be more strictly construed against any one of the parties hereto. In construing this Easement Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. (f) Notices. Any and all notices required or desired to be given hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand (including recognized overnight courier services, such as Federal Express) or three (3) business days after deposit in the United States mail, by registered or certified mail, return receipt requested, postage prepaid, and addressed to the recipient at the address for such party set forth in the introductory paragraph to this Easement Agreement (or to such other address as any party hereunder shall hereafter specify to the other in writing). City of Miami: City of Miami 444 S.W. 2d Avenue, 10`b Floor Miami, Florida 33130 Attn: Pedro G. Hernandez City Manager 3 Packet Pg. 74 Submitted into the public record in connection wilt, Item on lU- 0-i11 Todd B. Hannon Clerk of the Board With a copy to: Office of the City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Attn: Julie O. Bru City Attorney Grantor: Miami Woman's Club 1737 North Bayshore. Drive Miami, Florida 33132 Attn: Noreen Timoney President (g) Severability. In the event any term or provision of this Easement Agreement is deteirmined by appropriate judicial authority to be illegal or oftrwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Easement Agreement shall be construed in full force and effect. (h) Exhibits. All of the Exhibits attached to this Easement Agreement are incorporated in, and made a part of, this Easement Agreement. (i) Amendments: Termination. This Easement Agreement may not be amended, modified or terminated except by written agreement of the parties hereto. 8. Covenants Runnine with the Lard. It is intended that the terms, conditions, covenants, rights, obligations and burdens set forth in this Easement Agreement shall constitute covenants running with the title to the Property. 9. Entire Azreement. This Easement Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. 10. Governing Law. This Easement Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. Venue for all actions under this Easement Agreement shall be in Miami -Dade County, Florida. 11. aird Party Beneficiaries. Neither the City nor Grantor intends to directly or substantially benefit a third party by this Easement Agreement. Therefore, the parties agree there are no third party beneficiaries to this Easement Agreement and that no third party sh 21f1 be entitled to assert a claim against either of them based upon this Easement Agreement. (SIGNATURE AND ACKNOWLELtG53ENT ON FOLLOWING PAGE] 4 Packet Pg. 75 Submitted into the Publi 2.3.c record in corinecnon wo't Item Todd B. Hannon Clerk of the Board IN WITNESS WHEREOF, GRANTOR has caused this Easement to be signed the day and year first above written. Print Name: Print Name: STATE OF FLORIDA ) SS COUNTY OF MIANH-DADE ) GRANTOR: TiM MIAMI WOMAN' S CLUB, a Florida non-profit corporation Noreen L. Timoney, President The foregoing instrument was acknowledged before me this _ day of June, 2008, by Noreen L. Timoney, as President of the Miami Woman's Club, on behalf of the corporation, who is personally known ( ) or produced identification ( ). Type of identification produced Print or Stamp Name: Notary Public, State of Florida Commission No.: My Commission Expires: 5 Packet Pg. 76 ATTEST: Priscilla Thompson, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Risk Management Administrator Submitted into the public record in connection wit Item q on 16 - iL I Todd B. Hannon Clerk of the Board CTI'Y: CITY OF MIAMI, a municipal corporation of the State of Florida By: Name: Pedro G. Hernandez Title: City Manager APPROVED AS TO FORM AND CORRECTNESS Julie Bnt, City Attorney G Packet Pg. 77 Submitted into the public record in connection with Item 1____or, 10'30-�� Todd B. Hannon Clerk of the Board DESCRIPTION OF THE PROPERTY Lot 3, less the South 20 feet thereof that lies East of the 'West 250 feet thereof and all of Lot 4, Amended Plat of Miramar Plaza, according to the plat thereof as recorded in Plat Book 33, page 18, Public records of Miami -Dade County, Florida. 7 Packet Pg. 78 1 Submitted into the pu record in conntcrion " Item `� on 10 3u I� Todd B. Hannon Clerk of the Board DESCRIPTION OF BAYWALK EASEMENT AREA The East twenty three (23) feet of the following described parcel: Lot 3, less the South 20 feet thereof that lies East of the West 250 feet thereof and on the eastern twenty three (23) feet of all of Lot 4, Amended Plat of Miramar Plaza, according to the plat thereof as recorded in Plat Book 33, Page 18, Public records of Miami -Dade County, Florida. Packet Pg. 79 Submitted Into the publ record in connection Item �_ onl 3a Todd B. Hannon Clerk of the Board INSURANCE REQUIREMENTS 1. Commercial General Liability insurance on a commercial general liability coverage form with 'broad form" coverage, or its equivalent, including contractual liability, products and completed operations, personal injury, and premises coverage against those sums that the insured becomes legally obligated to pay as damages in connection with any and all claims, demands or actions, bodily injury, death or property damage occurring in the Property, the limits of which shall not be less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage. 2. Pollution/Environmental Impairment Liability insurance coverage to be provided by Developer's contractors performing the Inspections on a claims basis (provided that such policy period must be for a minimum of six (6) years from and after the date of the Inspections) with limits of One Million Dollars ($1,000,000) per occurrence, providing coverage for the damage caused by spillage of any fuel, petroleum, products or any other "hazardous substances," "hazardous materials" or "toxic substances" (as defined in any and all state, local, or federal laws, rules, regulations and orders pertaining to environmental, public health or welfare matters), whether those substances are solid, liquid or gaseous. Said policy of insurance shall also provide coverage for the cost of cleanup of the affected area and for the removal, transportation and safe disposal of any contaminated area. 3. Automobile Liability insurance covering all owned, non -owned, and hired vehicles used in conjunction with Inspections of the Property. The policy or policies of insurance shall contain such limits as may be reasonably requested by the CRA from time to time but not less than One Million Dollars ($1,000,000). 4. Worker's Compensation insurance in the amounts and types required by Chapter 440, Florida Statutes. 5. The limits set forth in paragraphs (1), (2), (3) and (4) above shall be issued by an Insurance Company maintaining an "B" rating and Financial Strength of " 7 " # 5366228_v3 6 Packet Pg. 80 Subtnitted into the pub MIAMI • Community 7( Redevelopment Agency M1C1IFI-LE SPENCE-.IONRS Board Chair Vier Hund-Delivery June 23, 2009 Noreen Timoney, President The Miami Woman's Club 1737 North Bayshore Drive Miami, FL :33t32 record in connection with !tern q_ on I L - I I Todd B. Hannon Clerk of the hoard IAKIES I LVILLAUOR i'A lNecWive Dincior Re: Addendum to The Grant Agreement between the Omni CRA And The Miami Woman's Club. Dear Ms. Tinioney: For your records, enclosed please find an original fillly executed Addendum to the Grant Agreement between the Omni Redevelopment District Community Redevelopment Agency and The Miami Woman's Club, dated June 18th, 2009, regarding the repairs and 40-year recertification of its building at 1737 North Bayshore Drive. Should you have any questions or concerns, please contact me in the office at 305-679- 6822. Kind+ Regards, Jessica . Pacheco, Esq. Staff Counsel jp/as Enci: Agreement SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIE:; 49 N.W. 5" Street, Sle. 1001 Miami. FL 33128 / Telephone: (305) 67).6800 / Facsimile (305) 079.6835 Email: craCa uinami.fl.us. / Website: www.miami-cra.org (�-72 � SUbm� IJ�s-h� lslel-I-o�_ Aolol.��,duw, -h0 C�ran-F�}9ry Packet Pg. 81 Submitted into the pu 2.3.d record in connection wiln Item 9 on 10- 3V- Todd 5. rtannon Clerk of the Board ADDENDUM TO GRANT AGREEMENT r THIS ADDENDUM TO THE GRANT AGREEMENT dated November 18, 2008, is made and �h > entered into this day of���, 20� between the ONMI REDEVELOPMENT V DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency U and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA"), and THE MIAMI !� c WOMAN'S CLUB, a Florida non-profit corporation ("CLUB"). E RECITALS r A. WHEREAS, on January 28, 2008, the CLUB made a presentation to the Board of C Commissioners of the CRA and requested Three Million Seven Hundred and Fifty Thousand Dollars E m ($3,750,000) to underwrite the costs associated with repairs and 40-year recertification of its building at 04 1737 North Bayshore Drive, Miami, Florida ("Project"); and co B. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-08-0009, ptssed and adopted on February 25, 2008, authorized the issuance of a Grant to the CLUB, in an amount rot to exceed One Million Eight Hundred Thousand Dollars ($1,800,000), for the Project, and further ducted the Executive Director to include the funding balance for the repairs and 40-year certification b the CRA's budget for Fiscal Year 2009 ("funding balance"), which requires Board approval; and C. WHEREAS, on November 18, 2008, the CRA and the CLUB entered into a ;rant agreement setting forth the terms and conditions relating to the 2008 grant ("Grant Agreement"); and D. WHEREAS, on March 30, 2009, the CLUB appeared before the Boav of Commissioners and requested the funding balance, in the amount of $1,950,000, in the form of a gant; and E. WHEREAS, the Board of Commissioners, by Resolution No. CRA-R-09-0020, pissed and adopted on April 27, 2009, authorized additional funds to the CLUB, in an amount not to exceedDne Million Nine. Hundred and Fifty Thousand Dollars ($1,950,000) ("2009 grant"), for a total amount %.t to Page I of 4 Packet Pg. 82 Submitted into the p record in connection Item ran 10-30-Iq Todd B. Hannon Clerk of the Board exceed Three Million Seven Hundred and Fifty Thousand Dollars ($3,750,000) to the CLUB for the r Project; and m T. WHEREAS, the CLUB and the CRA wish to enter into this Addendum to reflect the > 0 U total grant authorized by the Board of Commissioners for the Project, and to set forth the terms and U conditions relating to the use of those funds; !� c NOW, THEREFORE, in consideration of the promises and the mutual covenants contained E herein, the parties agree to as follows: r THE GRANT 0 1. RECITALS. The Recitals and all statements contained therein are true and correct and 0 E m are hereby incorporated into this Addendum. m 2. TOTAL GRANT. The total grant awarded to the CLUB is Three Million Seven 04 co Hundred and Fifty Thousand Dollar ($3,750,000) for the Project, which reflects the 2008 grant and 2009 grant authorized by the Board of Commissioners. The CLUB agrees to use the 2009 grant in accordance with the terms and conditions set forth in the Grant Agreement, and all attachments thereto. 3. EASEMENT. The Club acknowledges that the baywalk easement contemplated in Section 9(e) of the Grant Agreement shall he submitted to the City of Miami for acceptance and recordation. 4. NO THIRD -PARTY BENEFICIARY RIGHTS. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 5. NON -RECOURSE. This Agreement is non -recourse to the CRA. In the event of breach of this Agreement by the CRA, the GRANTEE may only seek specific performance of this Agreement and any recovery shall be limited to Grant. Page 2 of 4 Packet Pg. 83 Submitted into the pu 2.3.d record ;,; %-;,neciion Item vn to-30-1 Tudd B. Hannon Clerk of the Board 6. DISPUTES. In the event of a dispute between the Executive Dilrector of the CRA and GRANTEE as to the terms and conditions of this Addendum or the Grant Agreement, the Executive Director of the CRA and the CLUB shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parities to this Addendum. The Board's decision shall be deemed final and binding on the parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 3 of 4 Packet Pg. 84 Submitted into the record ifs connection WILIP Item "I on10-90-lq Todd B. Hannon Clerk of the Board IN WITNESS WHEREOF, in consideration of the mutual entry into this Addendum, for other good and valuable consideration, and intending to be legally bound, the CRA and CLUB have executed this Addendum. WITNESSES: By: Print: Print: e C--AW-A LL C c-Af{- ATTEST: THE MIAMI WOMAN'S CLUB, a Florida non-profit corporation, ("CLUB") By: Noreen Tinwntty ---' oApo++Y+ Notary Public Sratt 01 Florida r Arlene Leal Moreton My commrawon DD797693 +,tore' Expires0811312012 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, ("CRA") Bye ) B y! Priscilla A. Thompson mes H. Villacorta Clerk of the Board -/ ! -01 Executive Director APPROVED AS TO FORM AND CORRECTNESS: By: — ";� Julie 0. BrLt CRA General Counsel Page 4of4 Packet Pg. 85 Submitted into the public record in connection with 2.3.e Item on 1&-3(--��I Todd B. Hannon Clerk of the Board R N Declaration of Restrictive Covenants Running with the Lord 5 Page 1 of 5 u b 1111011111111111111111111111111I11111111111 This Instrument Prepaid By and Return To: -~ Jessica N.Pacheco, Eq. CI=N 2049RO864.263 Staff Counsel OR 8k 27102 Pss 4696 - 4690; (5P9s) Onmi Rodevelapracm District RECORDED 12/03/2009 13:40:46 Communi7Redevelopment Agency HARVEY RUVINr CLERY OF COURT 49 N.5 Street, Ste. Ion 11IAMI-DAOE COUNTYP FLORIDA Miami, FL 33128 Reserved for Recordi DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND THS DECLARATION OF RESTRICTIVE COVENANT (the "Covenant") made as of the 2 day of Lr`1 g 200 ci by THE M]1AhII WOMAN'S CLUB, a Florida non- profit corporation ("Owner'), is in favor of the OMNI REDEVELOPMENT DISTRICT COMMUNTPY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate, created pursuant to Section 163.356, Florida Statutes ("CRA"). RECITALS WHEREAS, the Owner is the owner of that certain real property, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"), which is improved with a four-story historic building; and WHEREAS, the Owner and the CRA entered into that certain Grant Agreement dated November 18, 2008, and that certain Addendum to said Grant Agreement dated June 18, 2009, in which the CRA agreed to provide funds, in an amount not to exceed Three Million Seven Hundred and Fifty Thousand Dollars ($3,750,000) (the "Grant") to Owner to renovate the Improvements (the "Project"); and WHEREAS, the Owner, in consideration of the Grant, ,has agreed to make a binding commitment to asarre that the Property is maintained and operated in accordance with the provisions of this Covenant; NOW THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner voluntarlly covenants and agrees as follows: 1. Recitals: The recitals and findings set forth in the preamble of this Covenant are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section_ Book27102/Page4686 CFN#20090864263 Page 1 of 5 (�72(� Caznan4 &corded Packs[ Pg. 86 Submitted into the public record in conhection with Item = on 10 - I Todd B. Harn7vn Clerk of the Board r.: DeciarXion of Resiriciive Covenants Running with the L47id Page2of5 �4 2. Covenant-. The -Owner agrees not to convey or transfer any interest in the Property _o any third Pam . 3. Default: In the event owner fails to comply with the terms and provisions of this Covenant, and if such noncompliance is not cured, to the CRA's satisfaction, within thirty (30) days from the date of receipt of written notice of default from the CRA, or within such further time as the CRA reasonably determines is necessary to cure (an "Event of Default"), Owner agrees to reimburse the CRA's Grant (the "Reimbursement"). 4. I rapt rs aiffil EnfRmsment: It is understood and agreed that any designated inspector of the CRA shall have the right any time during normal business hours to enter and investigate the ownership of the Property to determine whether the conditions of this Covenant is being complied with. S. Lida $its mW Priority: The obligation of the Owner to pay the Reimbursement upon the occurrence of an Event of Default shall be secured by this Covenant and the obligation of Owner to pay the Reimbursement shall constitute alien and encumbrance (the "Lien Rights") upon the Property having priority from the recording of this Covenant and shall have priority over any subsequent lien or encumbrances affecting the Property. 6. EpifQff&lpegt of Lien Rhrhts: In the event that Owner fails to pay any of the Reimbursement within ten (10) business days of when due, same shall bear interest at eighteen percent (189/6) per annum until paid. The CRA may seek to enforce its Lien Rights pursuant to Section 6, and said Lien Rights shall be enforceable in the same manner as a mortgage forecloature under Florida Law with priority from the date of recording of this Covenant. The CPA shall be entitled to recover its attorney fees and costs associated with enforcing its Lien Rights and same shall he secured by the Lien Rights. 7. Cq :A"-tts tomwitb file %.AW: All covenants, agreements, conditions and undertakings conWiped herein shall exterd w4 irrart to ithe benefit of and be binding upon the parties hereto and their respective suemsors and assigns and shall be construed as covenants running with the Property. Whenever in this Covenant reference is made to any of the parties, it shall (unless expressly provided to the contrary in such references) be held to include and apply to, wherever applicable, also the successors and assigns of each party. 8, ttoirarM' Fees llf ,ems-j: fn the evert of any litigation between the parties, all expenses, including ret4itw1'<e xwlorneye fees and court costs at both the trial and appellate levels, incurred by the prevailing party, shall be paid by the non -prevailing party. The term "attorneys' fees," as used in this Covenant, snarl be deemed to include, without limitation, any paraprofessional fees, investigative costs and other charges billed by the attorney to the prevailing party ;including any fees and costs associated with collecting such amounts). 9. �acrability: In any of the provisions of this Covenant or the application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Covenant and the application of such provision to persons or situation other than those as to Book27102/Page4687 CFN#20090864263 Page 2 of 5 Packet Pg. 87 Submitted into the public record in connection with 2.3.e Item I on I L- Todd B. Hannon Clerk of the Board n m Declaration of Restrictive Covetumts Running with the Land Page 3 of 5 which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue valid and be in force to the fullest extent permitted by law. 10. Amendment god Modification: This Covenant may be modified, amended, or released as to any portion of the Property by a written instrument executed on behalf of the CRA and by the then -owner of the fee simple title to the land to be affected by such modification, amendment or release. 11. Termiastion of the CRA: Upon the termination of the CRA, all rights and obligations of the CRA under this Covenant shall automatically transfer to the City of Miami ("City") and upon such transfer all references in this covenant to the CRA shall be deemed references to the City. 12. Recordsti2n: This Covenant shall be recorded among the Public Records of Miami -Dade County, Florida, at the sole cost and expense of Owner. 13, Effective Date: The effective date of this Covenant shall be the date first written above. 14. QW;1 ioas: All capitalized terms not defined herein shall have the meanings provided in the Grant Agreement. (SIGNATURE APPEARS ON FOLLOWING PAGE) Book27102/Page4688 CFN#20090864263 Page 3 of 5 Packet Pg. 88 Submitted into the public record In connection with Item 1� on - P - Todd B. Hannon 2.3.e Clerk of the Board m <o .m Declaration ofResvIctive Covenwils Running with the Land Page 4 of IN WfFNESS WHEREOF, the Owner has caused this Declaration of Restrictive Covenants to be executed by its duly authorized officers on the day and year first above -written - Witnesses: �� + � ," gift;,; ' ►. Print Name: ( l.Q VQ)� Print Name:: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DARE ) THE MIANfl WOMAN'S CLUB, a Florida non-profit corporation, ("Owner') By. Name: Noreen Timoney T"nle, : President The foregoing instrument was acknowledged before me this 2 day of by Noreen Timoney, as President of THE MIAMI WOMAN'S CLUB, 3s a is mxso aI1 kn m ( ) or produced identification ( ) type of i#aptificallon produced (_ ; Q 1�6�a ��, Print or Stamp Name: _ Notary Public, State of .FI nn 2. Commission No.: My Commission Expires: M%�41 wr co..nhdon MIM93 Book27102/Page4689 CFN#20090864263 Page 4 of 5 Packet Pg. 89 Submitted into the public record In connection with Item on 10 Todd S. Hannon Clerk of the Board 0 m Deckzration of Restrictive Covetuntls a « Running ►viih $ze Laud a Page 5 of 5 l7 EXH MT "A" OF RESTRI= COVENANT �y Legal Description of the Property rti '4W CLot 3, less the South 20 feet thereof that lies East of the West 230 feet thereof and all of Lot 4, L Amended Plat of Moamar Plaza, according to the plat thereof, as recorded in Plat Book 33, page 0�5}- 18, Public Records ofMami-Dade County, Florida. W �Q QJ Book27102/Page4690 CFN#20090864263 Page 5 of 5 Packet Pg. 90 2.4 OMNI Board of Commissioners Meeting April 9, 2020 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Alex Diaz de la Portilla Date: April 3, 2020 7369 and Members of the CRA Board �Jason Walker Executive Director BACKGROUND: Subject: Accepting State of Florida Grant for the Restoration of the Historic Bank Building Enclosures: 7369 Exhibit A 7369 Exhibit B 7369 Exhibit C It is recommended that the Board of Commissioners ("Board") of the Omni Redevelopment District Community Redevelopment Agency ("CRA") approve and adopt the attached resolution, with attachment(s), accepting a Grant from the State of Florida Department of State for the restoration for CRA property located at 1367 North Miami Avenue, Miami, Florida. JUSTIFICATION: The Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"). The CRA purchased the Historical Bank Building located at 1367 North Miami Avenue, Miami Florida 33136 and further obtained the architectural and engineering services for the restoration of the historic property. Section 4.4, D., C-4, at page 42 of the Plan, respectively encourages preservation and restoration of historic buildings, as well as to promote rehabilitation and maintenance of existing viable uses and structures as stated redevelopment objectives. The State of Florida approved the Omni CRA for a grant in the amount of $500,000.00 for the Restoration of the Historic Bank Building. The Executive Director is requesting authority from the Board of Commissioners of the CRA to accept the grant and ratify all documents attached to aid in the restoration of the historic property. Packet Pg. 91 0 2.4 ;- City of Miami 1401 O Miami MNI venue Omni Legislation Miami, FL 33136 www.miamicra.com C R A OMNI CRA Resolution File Number: 7369 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACCEPTING GRANT FUNDS IN THE AMOUNT OF $500,000.00 FROM THE STATE OF FLORIDA'S DEPARTMENT OF STATE TO AID IN THE RESTORATION OF THE CRA'S PROPERTY LOCATED AT 1367 NORTH MIAMI AVENUE, MIAMI FLORIDA 33136, KNOWN AS THE HISTORIC BANK BUILDING; RATIFYING THE ATTACHED DOCUMENTS AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2010 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, D., C-4 at page 42 of the Plan list eliminating conditions which contribute to blight and upward job mobility for residents, encouraging preservation and restoration of historic buildings, and promoting rehabilitation and maintenance of existing viable uses and structures as stated redevelopment objectives; and WHEREAS, the State of Florida's Department of State approved a grant in the amount of $500,000.00 to the CRA for the restoration of the CRA-owned property at 1367 North Miami Avenue, Miami, Florida 33136 ("Historic Bank Building"), as more particularly outlined in Exhibit "A," attached and incorporated; and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners of the CRA to accept the grant and to ratify and approve all documents attached to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The grant from the State of Florida's Department of State in the amount of $500,000.00 for the restoration of the Historic Bank Building is hereby accepted. Section 3. The execution by the Executive Director of the Grant Agreement, attached and incorporated as Exhibit "B," and the Restrictive Covenant, attached and incorporated as Exhibit "C," are hereby ratified. City of Miami Page 2 of 3 File ID: 7369 (Revision:) Printed On: 41612020 Packet Pg. 92 2.4 Section 4. The Executive Director is further authorized to negotiate and execute any and all other necessary documents, all in a form acceptable to the General Counsel, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL City of Miami Page 3 of 3 File ID: 7369 (Revision:) Printed On: 41612020 Packet Pg. 93 2.4.a This is a message from Timothy Knoepke (Timothy.Knoepkegdos.myflorida.com ) Fiscal year 2019-2020 20.h.sc.100.158 Citizens Bank Building Restoration Dear Omni Redevelopment District Community Redevelopment Agency, I am delighted to extend my congratulations to your organization, which has been awarded funds towards a Special Category Grant from the Department of State's Division of Historical Resources. The historic preservation grants specialist assigned to your project will contact you soon to begin the process towards the execution of a grant award agreement. He/she will be your main point of contact, but please feel free to contact me at any time. In the meantime, I wish to offer the following information to help you get started: • Grants Online System — The Department of States uses a Department -wide online grants system. Please visit dosgrants.com and make sure the Project Contact is still active, along with that person's information including active email address and telephone numbers. We will be using the online system to manage, monitor, and review all documents related to the grant project. • Procurement — If your grant will require a contractor's services (e.g. architect, engineer, general contractor, archaeologist, survey consultant, web designer), depending on the contract amount for those services, you will be required to document your selection process. Also, draft contracts must be reviewed and approved by the Division prior to the solicitation of services and/or execution. You must wait until the grant award agreement is fully executed before submitting draft contracts for review; if applicable, please refer to AIA contracts for guidance. • Start Date — Please remember that the grant award period has not begun and that work undertaken prior to July 1st will not be covered by the grant award or match. Also, work inconsistent with the approved scope of work will not be covered, regardless of when it is performed. • How to Manage your Grant Presentation — A pdf version of the "How to Manage your Grant" presentation is currently available on our webpage at FLHeritage.com for your convenience. We will also be hosting webinars on this subject in late July. We look forward to working with you. Timothy Knoepke, M.A., FCCM Historic Preservation Grants Program Supervisor Division of Historical Resources I Florida Department of State 500 South Bronough Street I Tallahassee, Florida 32399 1 850.245.6393 1 1.800.847.7278 Timothy.Knoepke@dos.myflorida.com I www.flheritage.com This message was generated from the DOS Grants System. Thank You, Florida Department of State Packet Pg. 94 2.4.b AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Omni Redevelopment District Community Redevelopment Agency 20.h.sc.100.158 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the "Division," and the Omni Redevelopment District Community Redevelopment Agency hereinafter referred to as the "Grantee." The Grantee has been awarded a Special Category Grant by the Division, grant number 20.h.sc.100.158 for the Project "Citizens Bank Budding Restoration," in the amount of $500,000 ("Grant Award Amount'). The Division enters into this Agreement pursuant to Line Item 3174, contained in the 2020 General Appropriations Act, SB 2500, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Citizens Bank Budding Restoration," the public purpose for which these fiords were appropriated. a) The Grantee shall perform the following Scope of Work: Grant fiords will be used to restore the Citizen's Bank Budding in Miami, including replacement of the roof, including trusses; structural repairs of eighteen (18) columns; replacement/repair of seventy-six (76) windows; and replacement/repair of six (6) exterior doors. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Payment Deliverable Description Typ 1 Fixed The performance measure documenting satisfactory Price completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing at least 30 percent of the project completed. Owt AHerd Agr=nent (Form QW01), ) ffec&c 042019 Documentation A completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing at least 30 percent of the project completed. Payment Amount $150,000 Pap:1 Rule 1A-39.001, Florida A&Mnisl-rOw Code Packet Pg. 95 2.4.b 2 Fixed The performance measure documenting satisfactory Price completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing at least 60 percent of the project completed. 3 Fixed The performance measure documenting satisfactory Price completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing 100 percent of the Project completed, including all retainage amounts paid. The performance measure documenting satisfactory completion of Deliverables will also be submission and acceptance of a Final Project Progress Report that certifies that all project grant fiends and required match have been expended in the way here agreed upon and the Project has been closed out. In addition, a Single Audit Form and new/updated Florida Master Site File form for the property/site shall be completed by the Grantee and submitted along with the Final Progress Report prior to final payment. Totals A completed $150,000 Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing at least 60 percent of the project completed. A completed $200,000 Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or their equivalent, showing 100 percent of the Project completed, including all retainage amounts paid; a Final Project Progress Report; a Single Audit Form; and a new/updated Florida Master Site File form for the property/site. $500,000 d) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match fiords will be spent. All expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the term of this Agreement, as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/19 and shall end 06/30/21, unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's (3-�mt AverdAV7==t (Form CAA001), Effedive 04/1019 Page: 2 Me lA 39.001, Florida A&n!nWhdive Code Packet Pg. 96 2.4.b contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notices) or other communications in regard to this agreement shall be directed to or delivered to the other partys contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Justin Baker Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6310 Email: justin.baker@dos.myflorida.com For the Grantee: Contact: Anthony Balzebre Address:1401 N. Miami Ave, 2nd Floor Miami Florida 33136 Phone: 305.987.6573 Email:abalzebre@miamigov.com 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed and documentation evidencing all expenses incurred in achieving the completion of the deliverable. The total grant award shall not exceed the Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic finds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. The authorization form is accessible at ham_//www.myaQridacfo.com/Divi ion/AA/Forms/DFS- Al-26E.ndf where information pertaining to payment status is also available. 6. Florida Substitute Form W 9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit hbUsJ/flvendor.rnyfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division, as required, in advance of or with the executed Agreement. 7. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement Pa$e: 3 0-ant Am" Agreement (Form CAA001), Effective OV2019 Rue 1A-39.001, F7oridaA&WnWmf w Cade Packet Pg. 97 2.4.b If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refimd to the State of Florida and termination of this agreement 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the mininnim level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement b) Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables, provide documentation that the deliverable has been completed, or demonstrate the appropriate use of state fiords. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess fiords paid out prior to a reduction of total grant finding. 9. Additional Special Conditions. Development Projects a) All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines available online at www.nns.goYbs/standards.htrn. b) The Grantee shall provide photographic documentation of the restoration activity. Guidelines regarding the photographic documentation are available online at bUpsJ/dos.myflorida.com/lvstoricaUgrants/special- categorv-gmats/ c) Architectural Services a) All projects shall require contracting for architectural/engineering services. b) The Grantee may request a waiver of this requirement from the Division if they believe that the architectural/engineering services are not needed for the Project The Division shall make a recommendation to the Grantee after review of the proposed work. d) Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior Page:4 Gmt AverdAgm=t (Form CAA001), Effective 04/2019 Ride lA 39.001, FlotidaAdmuiislmtim Code Packet Pg. 98 2.4.b to final execution. In addition, pursuant to Section 267.031(5) (i), Florida Statutes, the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: a) Upon completion of schematic design; b) Upon completion of design development and outline specifications; and c) Upon completion of 100% construction documents and project manual, prior to execution of the construction contract. e) For the construction phase of the Project, in addition to the review submissions indicated above, a copy of the construction contract must be submitted to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. f) For projects involving ground disturbance (examples include: historic building or structure relocation, grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing, construction of new foundations and installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: a) Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus reducing the possibility of damage to or destruction of significant archaeological resources. b) If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities on significant archaeological resources. c) Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. d) When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section (contact information available online at www.ilheritage.conl). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standardsfor Archaeology. e) Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, and the reporting standards of the Compliance Review Section set forth in Chapter 1A-46, Florida Administrative Code. 10. Credit Une(s) to Acknowledge Grant Finding. Pursuant to Section 286.25, Florida Statutes, in publicizing, advertising, or descrbing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the Gmt Award Agro meet (Form GA -AM 1), Effective 04/2019 Rde 1A-39.001, Florida Admin&mtiw Code Page: 5 Packet Pg. 99 2.4.b State of Florida." Any variation in this language must receive prior approval in writing by the Division. b) All site -specific projects must include a Project identification sign, with the aforementioned language, that must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The maximum extension of the encumbrance period shall be sixty (60) days. b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case -by -case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverableshasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via wwwAos,erants.com. a) First Project Progress Report is due by October 31, for the period ending September 30 (first year of the Grant Period). b) Second Project Progress Report is due by January 31, for the period ending December 31 (first year of the Grant Period). c) Third Project Progress Report is due by April 30, for the period ending March 31 (first year of the Grant Period). d) Fourth Project Progress Report is due by July 31, for the period ending June 30 (first year of the Grant Period). e) Fifth Project Progress Report is due by October 31, for the period ending September 30 (second year of the Grant Period). f) Sixth Project Progress Report is due by January 31, for the period ending December 31 (second year of the Grant Period). g) Seventh Project Progress Report is due by April 30, for the period ending March 31 (second year of the Grant Period). h) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. Gant AvmdAgreement (Form CYAA001), Effective 04/2019 We 1A-39.001-Horida A&Wnium ive Code Page: 6 Packet Pg. 100 2.4.b 13. Matching Funds. The Grantee is required to provide a 100% match of the Grant Award Amount. Of the required match, a minimum of 25% must be cash on hand. The remaining match may include in -kind services, volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, Grantees may request a reduction of the match amount. The Grantee must submit documentation that the i : in in i u n i match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed 120 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 3/10/2011), which are incorporated by reference and are available online at httpJ/www.myfloridacfo.com/aadir/reference_guide/. The following categories of expenditures are non -allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement and Chapter 287 of the Florida Statutes; c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d) Expenses associated with lobbying or attempting to influence Federal, State, or local legislation, the judicial branch, or any state agency; e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at www.nps.gov/tps/standards/treatment-guidelines- 2017.pdf, standards available at httpJ/www.nps.gov/tps/standards.httn and nps.gov/history/local- law/arch—stnds_O.htm or applicable industry standards; Gant Amard Ageement (Form GAA001), Effective 04/2019 Page: 7 Rule 1 A-39.001. Flofida Admiko aAve Code Packet Pg. 101 2.4.b f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.; g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, pregnancy, handicap, or marital status; h) Entertainment, food, beverages, plaques, awards, or gifts; i) Costs or value of donations or In -kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage, utilities, janitorial services, insurance, accounting, internet service, monthly expenses associated to security systems, non -grant related administrative and clerical staffing, marketing, and fundraising activities; k) Administrative expenditures such as expenditures that are directly attributable to management of the grant - assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions, which in aggregate exceed 5% of the grant award amount; 1) Grantee operational support (i.e., organization salaries not directly related to grant activities; travel expenditures; per diem; or supplies); m) Insurance costs (Exception: costs for builder's risk, workers' compensation and contractor's liability insurance; n) Capital improvements to non -historic properties or non -historic additions to a Historic Property (Exception: pre -approved items of work for Museum Exhibit projects); o) Capital improvements to the interior of Religious Properties (Exception: repairs to elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs and restoration practices associated with the building envelope); p) Accessibility improvements for Religious Properties; q) Vehicular circulation (drives/driveways) within the property or from the property to surrounding streets and parking (Exception: provision of code -required handicapped parking pad(s)); r) Sidewalks, paths, walkways, landscape features and accessories, planting, irrigation systems and site lighting (Exceptions: sidewalk required to link the code -required handicapped parking pad(s) to the accessible entry; planting/sodding required to halt documented erosion; pruning, removal, or relocation of trees posing an immediate threat to the historic or archaeological resource; and limited site lighting required for security, all if approved by the Division) Grant Award Ag'eement (Form GAA001), Effective 04/2019 Page: 8 Rile I A-39.001, Flodda Adminishntive Code Packet Pg. 102 2.4.b s) Fences and gates (Exception: restoration or in -kind replacement of damaged or missing historic fences, gates, or sections of these); t) Furniture and Equipment. (a) Expenditures for furniture and equipment including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, computers, cameras, printers, scanners, appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement casework, systems' funiture, portable lighting fixtures, portable sound or projection systems, specialty fixtures and equipment, visual display units, total stations, movable partitions, and acoustical treatments and components, unless specific prior approval has been granted by the Division (Exception: museum display units necessary for approved Museum Exhibit projects). (b) If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region; u) Costs associated with attending or hosting conferences, summits, workshops, or presentations; and v) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on -site or research off -site. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend finds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes, See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five- year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized Page: 9 Crant Allard A@-eemeut (Foie CAA001), Effective 04/2019 Rule 1 A-39.001. Florida Administizit e Code Packet Pg. 103 2.4.b representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State (DOS) Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest -bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for allfunds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a Gant Allard Ageement (Fonn GAA001), Effective 04/2019 Page:10 Rule I A-39.001, F7o ida Administintii e Code Packet Pg. 104 2.4.b federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be agents, servants, joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. Gant AHurd Aq emient (Form GiA001), Effective 04/2019 Page: 11 Rule I A-39.001, F1oiulaAdmitiim-atne Code Packet Pg. 105 2.4.b 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 35. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section Grant Avard Ageement (Form GALA001), Effective 04/2019 Page:12 Rule IA 39.001, HoriduAdminisnntive Code Packet Pg. 106 2.4.b 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds, unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder w►71 remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42 U.S.C. 12101, et seg.), which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget (Attachment A) c) Single Audit Act Requirements and Exhibit I (Attachment B) Cr ant Am ud Ageement (Form GAA001), Effective 04/2019 Page:13 Rule 1A-39.001, Honda Adminhyt adve Code Packet Pg. 107 2.4.b In acln oWedgment of this grant,, pre) id e d from fimds appmpriated in the 2020 General Appropriation Act, I hereby certify that I have read this entire Agmemert, ani. MW conyiN, with A of its regtiremeirta. Department of State: UI-M Dr. Timothy Parsons, Division Director PM (kwt Avmrd Agmemmt (Form GAA001), Effective 0412019 Grantee: By: ��- Autlborizing Official for the Grantee z d�P ff�• �iPc�� Typed name Page:14 Rde 1 A-39.001, FYorida A&WnWwffve Code Packet Pg. 108 2.4.b ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In I{ind Match Structural repairs of eighteen (18) columns $300,000 $300,000 $0 Replacement/repair of six (6) exterior doors $6,000 $6,000 1 $0 Replacement/repair of seventy-six (76) windows Replacement of the roof, including trusses $40,000 $40,000 $0 $154,000 $154,000 $0 Totals $500,000 $500,000 $0 Gant Award Agreement (Form CAA001), Effective 04/2019 Page:15 Rule 1A-39.001,FlotidoAdininunativeCode Packet Pg. 109 2.4.b ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXbIIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non- federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Gant Award AV -cement (Foam GAA001), Effective 04/2019 Page:16 Rule lA-39.001. F-7midaAdminiah-a ive Cbde Packet Pg. 110 2.4.b The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I- 5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General EXHIBIT 1 to this agreement lists the state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (ie., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) btlp:I/www.myflc. State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) >hU /www 1 g.sta_te.ftus/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: a) The Department of State at each of the following addresses: dent A—d Agr=nmt (Form GkA001), Effective OV2019 Pagr,:17 Me IA 39.001. Florida A& nrivni im Code Packet Pg. 111 2.4.b Office of Inspector General Florida Department of State R. A. Gray Bwlding 500 South Bronough St. Tallahassee, FL 32399-0250 b) The Federal Audit Clearinghouse (FAQ as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 b) The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (fps://flauditor.goyo provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the limit AwAAgreemart (Form G4A001), Effective O 2019 Page:18 Rde 1A-39.001, F7ohdaAdmini*WiwCode Packet Pg. 112 2.4.b Department of State. Grant Avard Agreement (Form GAA001), Effective 04/2019 Page: 19 El Rule 1 A 39.001, Florida Adminishnhre Code Packet Pg. 113 2.4.b 0a"IT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TH[S AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RFSOURCES AWARDED TO THE RECIPIENT PURSUANT TO THUS AGRFEMENILACONSIST OF THE FOr i.OWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS- Not applicable. SUBJECT TO SECTION 215-97, FIORIDA STATUTE Florida Department of State Acquisition, Restoration of Historic Properties; CSFA Number 45.032. Award Amount $500,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located atb-UgsJ/anns.fldfs.com/fsaa/. C—t Aid Affeematt (Form Cs4A001), Effective 04)2019 Page:20 Rdc IA-39.001, Florida Adminmfttive Cafe Packet Pg. 114 ± IM1 111,1111 Il1111111151H111111111 RESTRICTIVE COVENANTS Or_f(- FBrKl i 4//_ig s 3` 32- 7 8 {-B Fq 1^� R` C' ``. 3172'f t 3 s 35357- �J 'qJ UF J 5 Project Name: Citizens Bank Building Restoration �� _ r�::.; .z _,• i �: ,_-__� ; _ Grant Number: 20.h.sc.100.158 `` " " °.a F;, -' _- %"'�-^r THESE COVENANTS are entered into this 2 day of December, 2019, by Omni Redevelopment District Community Redevelopment Agency, hereinafter referred to as the Owner, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of Miami -Dade County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at 1367 North Miami Avenue, Miami, Miami -Dade County, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Owner is a grant recipient and is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department, in the amount of $500,000 to be used for the preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant, the Owner hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner agree to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secret:j r% of the Interior's Standards for Rehabilitation. 4. The Owner agree that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner agree that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Miami -Dade County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner agree that the Department shall incur no tax liability as a result of these restricti Packet Pg. 115 2 of IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and has hereto affixed their signature. WITN ES: 7c Wit s Sign ure l5 d_0 KISS Witness Name Typ Printed ti Witness Signature S(nith Witness Name Typed/Printed The State of Florida County of & 1401 North Miami Avenue Owner's Address Miami FL 33136 City State Zip I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that 4-Avym BaIv,69 personally ������ L (Na e) DD����' L J.,��,J� appeared as Ag5t Dlr6ein,r' for Omni Rt!G�P/1/G(DPryI(NLT' txs rK� 60WlYY1ar (Officer) (Name of Corporation/Partnership) RlAe GIO +.- - known to me to be or who proved to my satisfaction that he/she is the person described in and who executed ?Tr the foregoing instrument. Type of Identification Produced NW4-s L!Ll nse-, Executed and sealed by me at 1►4,I�t K' , Florida on i2A , 2049 . .�* •o '% PRANCES LLOP-NOY ary PubliL in and for ;;� Notary Public -State of Florida ±�z Commission # GG 905986 My Commission Expires August 21. 2023 [SEAL] The State of Fl or AA My commission expires: .21A L9O?z Packet Pg. 116 2.4.c WARRANTY DEED SHOWING LEGAL DESCRIPTION 2 m c ca m U �L d.d 2 4- 0 _ Q L Q d.d L _ ,L^ V ca 2 L U- 4— O 0) ca V U) _ d.+ Q U U al 6'f M U t x w rn w M rl- a� C d E cou�T cC .+ � e.eax op Q ell, i 9� N Packet Pg. 117 2.4.c This Instrument was prepared bv: Derek A. Schwartz, P.A. 4755 Technology Way, Suite 205 Boca Raton, FL 33431 After Recording, return to: Sandra M. Ferrera, Esq. SMF Law 500 S. Dixie Highway, Suite 304 Miami, FL 33146 CFN: 20170372337 BOOK 30594 PAGE 3487 DATE:06/30/2017 09:29.50 AM DEED DOC 27,000.00 SURTAX 20,250.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Property Folio Number: 01-3136-009-0220 [Space Ahove This Line For Recording Datal Warranty Deed This Indenture is made this ZZ day of .tune, 2017 between Big Time Equipment, Inc., a Florida corporation, whose post office address is 59 NW 10 Street, Miami, Florida 33136 ("Grantor"), and Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, whose post office address is 1401 North Miami Avenue, Miami, Florida 33136 ("Grantee''). WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: All of Lot 16 and the North 35 feet of Lot 15, Block 2, of BALDWIN AND OXAR'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book A, Page 57, of the Public Records of Miami -Dade County, Florida. Subject to taxes and assessments for 2017 and subsequent years, conditions, restrictions, easements and limitations of record, if any; provided this provision shall not be deemed to impose same; subject to zoning and other governmental regulations. Said Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. To Have and to Hold, the same unto the Grantee in fee simple forever. * "Grantor" and "Grantee" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal representatives, successors and assigns of Grantor and Grantee whenever the context so requires or admits. Page 1 of 2 Packet Pg. 118 2.4.c CFN: 20170372337 BOOK 30594 PAGE 3488 IN WITNESS WHEREOF, Grantor has caused these presents to be signed in his/her/its name the day and year first above written. Signed, scaled and delivered in the presence of us: Witn-ess No. 1 Print Name of Witness: . vCG�tfC�' ness No. 2 Print Name of Witness: jL16k4 l (Ifc-4u Li r �' STATE OF FLORIDA COUNTY OF MIAMI-DADE GRANTOR: Big Time Equipment, ,Inc., a Florida corporation r By: Eugene'podriguez Its: Presi�, t Addres . 59 NW 1401 Street, Miami, Florida 33136 The foregoing instrument was acknowledged before me this ZY day of May, 2017, by Eugene Rodriguez, in his caps -arP t of Big Time Equipment, Inc., a Florida corporation, who is/ar ersonally known o me or who has/have produced as identification. [SEAL or STAMP] IvotaryfP�. lie, State of Flo ida Print ?dame: J VIA ��� 41Notary Public State W ►lorida U ZD — Z o / Juan Cedes PW ahila My Commission Expires: ? - ' : �tyCommissicnFFo172w Serial/Convnission No.: Ff`- O/ Z clt/ ar Expires 0712012017 Page 2 of 2 Packet Pg. 119 2.4.c This Instrument was prepared bv: Derek A. Schwartz, P.A. 4755 Technology Way, Suite 205 Boca Raton, FL 33431 E-RECQp OED sIm""fille After Recording. return to: ID: Sandra M. Ferrera, Esq. County _� i1 CLF i1 t —L_ SMF Law 500 S. Dixie Highway, Suite 304 Miami, FL 33146 Property Folio Number: 01-3136-009-0220 Above This Line For Recording Data] Warranty Deed This Indenture i s made this 7-2 day of June, 2017 between Big Time Equipment, Inc., a Florida corporation, whose post office address is 59 NW 14' Street, Miami, Florida 33136 ("Grantor"), and Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, whose post office address is 1401 North Miami Avenue, Miami, Florida 33136 ("Grantee"). WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida, to -wit: All of Lot 16 and the North 35 feet of Lot 15, Block 2, of BALDWIN AND OXAR'S SUBDIVISION, according to the Plat thereof, recorded in Plat Book A, Page 57, of the Public Records of Miami -Dade County, Florida. Subject to taxes and assessments for 2017 and subsequent years, conditions, restrictions, easements and limitations of record, if any; provided this provision shall not be deemed to impose same; subject to zoning and other governmental regulations. Said Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. To Have and to Hold, the same unto the Grantee in fee simple forever. * "Grantor" and "Grantee" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal representatives. successors and assigns of Grantor and Grantee whenever the context so requires or admits. Page t of 2 Packet Pg. 120 0 R B K 31724 PG 2.4.c LAST PAGE IN WITNESS WHEREOF, Grantor has caused these presents to be signed in his/her/its name the day and year first above written. Signed, sealed and delivered in GRANTOR: the presence of us: Witness No. 1 Print Name of Witness: ness No. 2 Print Name of Witness: JvC444 pfC"-�2t LI / STATE OF FLORIDA COUNTY OF MIAMI-DADE Big Time Equipment, /Inc., a Florida corporation ; By: Eugene Rodriguez Its: Preside�it Addre4' 59 NW 14th Street, Miami, Florida 33136 The foregoing instrument was acknowledged before me this � day of May, 2017, by Eugene Rodriguez, in his capa :;;=.Dt of Big Time Equipment, Inc., a Florida corporation, who is/ar o me or who hasihave p oduced as dentification. [SEAL or STAMP] ode Notary Pudic State of Florida Juan Carlos Piedrahita ?� - d My Commission FF 0172N a �. Expires 07/202017 i Nobary�i'Alic, State of Floida PrintName:- J Ltc+tl My Commission Expires: a - zo - G i it- Serial/Commission No.: r 0/'7 Z 1,/ STATE OF FLORIDA, COUI.IT`1 OF MlAhii-DADS I HEREBY C=RTIFY that this is a true copy Of t"e odgiinaai/f�ile�d in Geis officne on day of WITNESS my hand a-�d Gf1..:-'• S'" HARVEY RUM'- , Clerk o irc� � n unty Courts D.C. P 2 of 2 c: cRK O\ Q � �a cao Hs i aura/eC C 11N�^l Packet Pg. 121 0 2.5 ;- City of Miami 1401 O Miami MNI venue Omni Legislation Miami, FL 33136 www.miamicra.com C R A OMNI CRA Resolution File Number: 7370 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, DIRECTING THE EXECUTIVE DIRECTOR TO CEASE ALL NEGOTIATIONS WITH MIAMI-DADE COUNTY AND/OR THE CITY OF MIAMI (COLLECTIVELY, "PARTIES") CONCERNING THE EXPANSION OF THE CRA INTO THE AREA KNOWN AS WEST GROVE; AUTHORIZING THE EXECUTIVE DIRECTOR TO CONTINUE NEGOTIATING WITH THE PARTIES ABOUT ALL OTHER POTENTIAL AMENDMENTS TO THE INTERLOCAL AGREEMENT AND ALL OTHER AGREEMENTS INCLUDING BUT NOT LIMITED TO EXTENDING THE LIFE OF THE CRA (COLLECTIVELY, "AGREEMENTS"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE CRA'S REDEVELOPMENT PLAN ("PLAN") CREATED BY PMG ASSOCIATES, INC. AND ANY AND ALL OTHER NECESSARY DOCUMENTS WITHOUT THE WEST GROVE PORTION; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT THE UPDATED AGREEMENTS AND PLAN FOR APPROVAL TO THE MIAMI CITY COMMISSION AND MIAMI-DADE COUNTY COMMISSION FOR APPROPRIATE ACTION. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within the Redevelopment Area in accordance with its approved Redevelopment Plan; and WHEREAS, on December 31, 2007, the City of Miami ("City"), Miami -Dade County ("County"), the Southeast Overtown/Park West Community Redevelopment Agency, and the CRA entered into an Interlocal Agreement, which provided, among other things, for the expansion of the boundaries of the Omni Redevelopment Area and the extension of the CRA's life ("Interlocal Agreement"); and WHEREAS, the CRA had previously engaged PMG Associates, Inc. ("PMG") to prepare an Assessment of Need Report ("AON") and provide an update to the 1986 Omni Redevelopment Plan that was amended in 2010; and WHEREAS, the CRA adopted Resolution No. CRA-R-19-0004 on February 19, 2019 approving the AON as required by Miami -Dade County ("County") pursuant to County Resolution No. R-611-15 for a modification of the CRA's boundaries; and WHEREAS, as a result, an Amended Redevelopment Plan ("Plan") has been drafted for consideration of the Board of Commissioners of the CRA ("Board") pursuant to the requirements of Chapter 163, Florida Statutes; and WHEREAS, the Plan addresses the requirements of Section 163.362, Florida Statutes, including but not limited to general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and identification of funding through possible public and/or public -private partnerships; and City of Miami Page 2 of 4 File ID: 7370 (Revision:) Printed On: 41612020 Packet Pg. 122 2.5 WHEREAS, the Board has reviewed the Plan and pursuant to Section 163.361, Florida Statutes, which governs the modification of community redevelopment plans, approves the Plan except for the previous proposed expansion of the CRA into the area known as the West Grove; and WHEREAS, the Board directs the Executive Director to cease all negotiations and attempts to expand the CRA into the West Grove; and WHEREAS, the Board directs the Executive Director to modify all appropriate documents including but not limited to the Plan and any proposed modification to the Interlocal Agreement consistent with the purposes stated herein, specifically by removing any reference of a proposed expansion into the West Grove; and WHEREAS, the Board of Commissioners of the CRA authorizes the Executive Director to continue negotiating with the City and the County concerning the extension of life of the CRA; and WHEREAS, the Board of Commissioners of the CRA further directs the Executive Director to transmit the Plan and proposed modification to the Interlocal Agreement without the West Grove portions for approval to the Miami City Commission and the Board of County Commissioners for appropriate action; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board approves an amendment to the Plan prepared by PMG by removing any proposed expansion into the West Grove. Section 3. The Executive Director is directed to cease all negotiations regarding the expansion of the CRA into the West Grove. Section 4. The Executive Director is directed to modify and update any and all relevant documents including but not limited to the Plan and the proposed modifications to the Interlocal Agreement by removing any reference of a proposed expansion into the West Grove. Section 5. The Executive Director is further directed to transmit the Plan and the proposed modification to the Interlocal Agreement without the West Grove portions for approval to the Miami City Commission and Board of County Commissioners for appropriate action. Section 6. The Executive Director is authorized to negotiate with all relevant parties for the extension of life of the CRA. Section 7. The Executive Director is further directed to transmit a copy of this Resolution and any other relevant documents to the Miami City Commission and the Board of County Commissioners. Section 8. This Resolution shall become effective immediately upon its adoption. City of Miami Page 3 of 4 File ID: 7370 (Revision:) Printed On: 41612020 Packet Pg. 123 2.5 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ, GENERAL COUNSEL City of Miami Page 4 of 4 File ID: 7370 (Revision:) Printed On: 41612020 Packet Pg. 124 UPAITPA An WA Prepared by PMG Associates, Inc. r y 1.0 �„�r-n�#■ ya�r , r.,,ti; i ...yeas ..J �wk:,Y�' ^��1• s Omni COMMUNITY REDEVELOPMENT AGENCY OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 2019 UPDATE OF REDEVELOPMENT PLAN 2.5.a _ E O Packet Pg. 126 2.5.a TABLE OF CONTENTS Introduction 1 History of Omni CRA 2 Public Involvement 3 Existing Conditions 4 Strategic Plan 5 Implementation Plan 6 Exit Strategy 7 Neighborhood Impact Statement 8 Conclusion of Redevelopment Plan APPENDICES Map & Description of 2010 Boundaries iv 1-1 2-9 3-10 4-20 5-49 6-59 7-61 8-65 Appendix A ,2 Packet Pg. 127 2.5.a Introduction Mission The Omni CRA's mandate is governed by Florida Statutes, Chapter 163, Part III. The Omni CRA's goal is to revitalize the Omni CRA Redevelopment Area, through the targeted and leveraged investment of the Tax Increment collected there, and to aid in successful development projects of both the public and private sector, alleviating conditions contributing to Slum and Blight and encouraging the creation of housing attainable to all. The Omni CRA is committed to the preservation and enhancement of property values and neighborhood amenities, stimulating the creation of new economic opportunities for residents, preserving history and culture, and improving the quality of life of those who reside, visit, work, or spend time in the neighborhoods of the Omni CRA. Vision The vision for the Omni CRA's Redevelopment Area is a set of 24-hour walkable neighborhoods with wide active sidewalks and pedestrian -friendly streets that function as a platform for creative productivity and vibrant living. The Omni neighborhood as a central connection between arts, culture, history, business, media and entertainment. The CRA envisions a connected and collaborative neighborhood where everyone can afford to live, work, and make an impact in improving the quality of their city. Exhibit 1-0 — 2010 Omni CRA Boundary Map Legal Description See Exhibit A Source: Omni CRA IV 2 Packet Pg. 128 2'.5a This Redevelopment Plan The Omni CRA has made significant improvements over the years and will use the extension of time to further the progress in the CRA area. The Omni Redevelopment Area Community Redevelopment Agency (the Omni CRA) was originally formed in 1987. The Finding of Necessity (FON) for the original Omni CRA was completed in 1987 and the district has received several updates and expansions over the years. Assessment of Need The CRA and the City of Miami have requested an extension of time for Omni based on Miami -Dade County Board of County Commissioners Resolution #R-611-15 which requires an assessment that demonstrates that slum and blight still exist within the designated Community Development Agency. The analysis of the Assessment of Need (AON) for the extension of the time frame for the Omni (CRA) in the City of Miami has been prepared and is part of a formal request to extend timeframe of the Omni CRA for an additional 15 years until the year 2047. Extension of Life The Omni Redevelopment Area Community Redevelopment Agency is requesting an extension of time in which to complete the redevelopment activities contemplated for the Omni Area. In 2018, the CRA prepared an Assessment of Need (AON) that showed there is a continued need for redevelopment activities to take place to address the pervasive slum and blight conditions plaguing the Omni Area as well as to create badly needed housing affordability. If granted, the CRA would have an additional fifteen years (15) years through year 2047 to complete the redevelopment activities. v Packet Pg. 129 2.5.a Chapter 1 History of Omni CRA Omni Neighborhoods The 2010 Omni Redevelopment Area is comprised of six distinct areas or neighborhoods (See Exhibit 1-2) that represent a different nature to the community. The neighborhoods are Omni, Northeast Overtown, South Wynwood, South Edgewater, and small portions of Park West and Watson Island. Omni r iT I Exhibit 1-2 - Omni CRA Neighborhoods History of the Neighborhoods Omni Source: Omni CRA What is today known as the Omni Neighborhood or the Arts & Entertainment District —just north of the Central Business District of downtown Miami, extending from Biscayne Boulevard to the FEC tracks, and I- 395 to 17t" Street —first rose as a mercantile district serving the booming Miami downtown in the 1920s and 1930s. Large and small retailers built stores in the mercantile district there but many eventually failed due to a dwindling customer base and competition with suburban malls. Large-scale urban renewal created the Omni Mall and 1-395 which both further deteriorated the neighborhood. The Omni CRA chose to spend their initial revenue on several catalytic projects in this neighborhood: Margaret Pace Park, the Adrienne Arsht Center for the Performing Arts (PAC), and the Miami Entertainment Center (MEC). The Omni neighborhood sits at a crossroads of Miami and has a unique opportunity to develop in ways that no other neighborhood in Miami will. The height and density allowed here will almost definitely deliver 2 1-1 Packet Pg. 130 2.5.a thousands of new units of development in towers, and the CRA is poised to create opportunities for true mixed -income neighborhood, supporting residents from all walks of life. South Edgewater Edgewater began as a low -density residential neighborhood north of downtown along Biscayne Bay, which faced the same problems as the Omni area in the post-war era and it went largely undeveloped for many decades. The proximity to Miami Beach and the permissive densities of the zoning code have allowed the area to be built up over time with many luxury condominium developments lining the waterfront. The CRA invested in a catalytic project —the Adrienne Arsht Center for the Performing arts which is a regional destination to this day. Improvements to Margaret Pace Park, and later environmental remediation and infrastructure for Maurice Ferre Park and the creation of the Port Tunnel have further improved the quality of life in the area. Development in the South Edgewater neighborhood has seen a great boom, however most building has been restricted to mainly high -end market rate condominiums, and residents are concerned over access and amenities. The southern portion of Edgewater is within the Omni CRA's boundaries. Northeast Overtown Overtown was one of only a few areas in the segregated City of Miami where black residents were allowed to live or operate businesses. Because Overtown had to serve all the needs for its residents, it developed with a variety of different building types, along with a dense mixed -use land use. Overtown suffered from overcrowding and many problems related to poverty, but it was also successful and was known as the "Harlem of the South." After the passage of the 1964 Civil Rights Act, and the discriminatory urban renewal projects to create 1-95 and 1-395 through Overtown, the population began to diminish. A number of housing programs from HUD to various local CDCs have aspired to improve living conditions but it continues to face many problems. Today the historic black community of Overtown faces enormous pressure from speculative buying, demolition, and neglected properties as values in Wynwood, Edgewater and Downtown continue to increase. The northeastern portion of Overtown is within the Omni CRA's boundaries. The CRA's programs in residential rehabs, job creation, historic preservation, housing affordability, and home ownership will preserve and enhance the culture of Overtown, enabling residents to stay and enjoy a heightened quality of life. South Wynwood The warehouse portion of Wynwood was a fashion manufacturing and wholesale district for central Miami. Its large boxy warehouses, truck traffic, and treeless streets left it mostly neglected except for a few art galleries. In the early 2000s with the advent of Art Basel and Wynwood rapidly became an art destination and a worldwide name. Retail prices have skyrocketed pushing out small businesses, galleries, artists, and long-time residents of the neighborhood as new retail opens up. South Wynwood has been slower to develop than the rest of the arts district, due to a number of industrial and institutional uses, but property values continue to increase and affordable rents for businesses and housing are an ongoing concern. 2 1-2 Packet Pg. 131 2.5.a Past Successes of the OM N I CRA Catalytic Projects Photo 1 Port Miami Tunnel Adrienne Arsht Center for the Performing Arts The Adrienne Arsht Center for the Performing Arts of Miami -Dade County (PAC) has become one of the world's leading performing arts organizations and venues. Since opening in 2006, the Arsht Center, a 501C3 non-profit organization, has emerged as a leader in presenting innovative programming that mirrors South Florida's diversity as well as a catalyst for billions of dollars in new development in the downtown area. The Arsht Center presents nearly 400 events each year as well as free programming for the community and an arts education program that serves nearly 60,000 children each year. The Miami Entertainment Complex (MEC) Photo 3 Viacom Studios (MEC) Port Miami Tunnel The Port Miami Tunnel is a multi - agency public private partnership opened to the public in 2014. has removed a number of large and damaging trucks from the streets of the Omni CRA and downtown Miami, preventing conflicts between pedestrians and up to 16,000 vehicles that use the tunnel each day. Photo 2 Adrienne Arsht Center The Miami Entertainment Complex (MEC), completed in 2016, features two fully operational sound stages of 15,000 square feet each with a 50-foot roof as well as about 15,000 square feet of offices, editing suites and even a school for when kids need to be on set. The MEC is now called Viacom International Studios, after its Operating Film and Television production firm. Viacom shoots much of its Latin American television at these studios and employs hundreds of workers when they are filming a show. They have also brought the community of local filmmakers and media creatives in for tours of the facility and technical workshops. 2 1-3 Packet Pg. 132 2'.5a Historic Preservation The 2010 Plan identifies buildings within the district that are designated as historic and states that Historic Preservation is important to the community heritage and neighborhood experience. The CRA has helped preserve many of these wonderful structures and endeavors to continue the preservation of both historic buildings and the culture that they represent and embody. Miami Woman's Club The Miami Woman's club is undergoing a complete restoration and will soon host a variety of restaurants and civic uses.Toot Firehouse No. 2 Omni CRA has renovated the historic City of Miami Firehouse No. 2, which had fallen into total disrepair, has now been restored and is being used as the offices of the CRA. Dorsey Library Built in 1941, Dorsey Memorial Library was the first City -built library in Miami, and one of the only libraries to allow black patrons to sit and read. Although it had various uses for many years, it has sat _jaw& empty since the 1980s due to a funding shortfall. Although it had been declared an historic structure, it had not been preserved or L protected, and it had not fulfilled its potential as a free and public library. In 2016 the Omni CRA pledged $850,000 to leverage the City's commitment to rehabilitate this historic structure and has met with the community to determine character of use, and the nature of what a 21'Y century library serving the neighborhood from an historic building would entail. Citizen's Bank Building The Omni CRA has purchased the historic Citizen's Bank building on 14th Street and Miami Avenue, to renovate, restore and activate as an anchoring retail, dining or cultural venue, with offices above. With paired Corinthian columns and arched entrances, this Neoclassical building is sited on a major intersection of what promises to be a lively neighborhood center. The prominent Citizens Bank represents a fashionable architectural trend in 1920s South Florida of classically inspired building designs. Constructed during the Land Boom years, this building is a reminder of a time when local architects were seeking to create a visual identity for a new retail district serving locals and visitors alike. Miami City Cemetery The Miami City Cemetery is a small oasis of calm in an urbanizing neighborhood. The trees and quiet street should be maintained and enhanced. The CRA has recently completed a tree inventory and maintenance recommendations for this special park. Vera Building Newly designated in 2019, the Vera Building was one of the first "workforce housing" buildings built in the City of Miami during the boom years of the 1920s. The CRA hopes to fully restore the fapade and windows, and to attract a tenant to operate the building as part of the fledgling Miami Avenue Entertainment District. 1-4 Packet Pg. 133 2.5.a Other Projects identified in the 2010 Omni CRA Redevelopment Plan The 2010 Redevelopment Plan included chapters on existing conditions, market analysis summary, redevelopment plan overview (outlining the vision, objectives and changes since the 1986 plan), list of projects and strategies, capital improvements costs and priorities, the financing plan, neighborhood impact and plan management. Projects identified in Chapter 5 of the 2010 Plan are as follows: • Miami Herald Properties, including the following elements: o Existing Printing Press E o Public Plaza/14t" Street connection to Baywalk 2 a o Mixed -use Development Q o Vacant Parcel Development o Shrine Building o Performing Arts Center = 0 14t" Street Media/Entertainment District � • City of Miami and Miami -Dade County School Board Property, including the following elements: o Biscayne Park o School Board Vacant Properties / Unimproved Surface Parking a o School Board Skills Center Q o School Board Property Opportunities. The Plan identifies redevelopment opportunities for Q the School Board properties including: ° p p g� d ■ Performing Arts Center Parking iv ■ Public/Private Development ■ Media/Entertainment District parking and mixed -use development Q ■ Workforce and Affordable Housing av o The Plan also includes the possible preparation of a Special Market Study to Determine Demand for a convention center E O • Proposed Zoning Changes c o Atlas changes for specific areas M o Development of inclusionary zoning for housing providing: ■ Mandatory workforce requirement Q ■ Bonus height ■ Bonus FAR x ■ Density allowance c ■ Remove bonus to pay into Affordable Housing Trust Fund ■ Development of design guidelines for areas of special interest; • Development of additional neighborhood greenspace to accommodate new residential d development including: s o Baywalk o Neighborhood Parks a o Greenspaces associated with new development and enhancements to existing greenspaces • Streetscapes are identified as important components of the public realm and the Plan includes: o Streetscape improvements to "Primary Streets" including ■ Biscayne Boulevard ■ 14t" Street 1-5 Packet Pg. 134 2.5.a ■ N. Miami Street ■ NE 2nd Avenue ■ Bayshore Drive o Streetscape improvements to "Secondary Streets" which are side streets and residential areas • The 2010 Plan includes the following transportation and infrastructure projects: o Port of Miami Tunnel — complete but paying debt service o Street Reconstruction — NE 2nd Ave; 14t" Str; NE 17t" St; NE 17t" Terr o Bayshore Drive Extension 0 171" Street / FEC Crossing 0 2-Way Conversions — N Miami Ave; NE 1st Ave; NE 2nd Ave; NE 171" Street o Water & Sewer upgrades Chapter 6 of the 2010 Plan, "Capital Improvement Costs & Priorities" summarizes the projected capital improvement costs using order -of -magnitude estimates to provide the CRA a guide for development of CRA implementation strategies. Chapter 7 of the Plan "Financing Plan" acknowledges that full funding is not available to undertake all of the projects at the same time, that there is a need to engage the private sector, identify other sources of funding, and establishes principles on which the public financing strategy will be based to minimize public investment toward completion of the projects. The City of Miami Omni CRA Assessment of Need (AON) for Extension of Time Frame for the District provides the justification for the extension of time to complete redevelopment within the CRA district. The AON lists projects that have been completed, on -going projects and planned projects. On -Going and Planned Projects Based on review of the AON and the Annual Reports, following is the list and description of on -going and planned projects that have yet to be completed and are in Section 5, Projects and Strategies, of the 2010 CRA Plan. • Miami Herald Properties —the 2010 plan states that these properties are keyto the redevelopment of the Omni CRA. The CRA plan includes several alternative concept plans and includes development / preservation / redevelopment of the following and including the potential for 200,000+ square feet of retail, 200,000+ square feet of office, 3900 units and PAC parking. • City of Miami and Miami -Dade County School Board Property — the 2010 plan says that there are numerous opportunities for public/private partnerships for redevelopment of School Board and City properties including new housing with mixed -income, new educational facilities, and new parking for the PAC and the Media/ Entertainment district. The plan says that potential development includes 100,000+ square feet of retail, 75,000+ square feet of office, 800 units and PAC parking. • Proposed Zoning Changes —the 2010 plan proposes a number of zoning changes that are important to stimulate redevelopment within the CRA district. Those changes generally include "atlas changes", the creation of a new special district (SD-6.2), development of inclusionary zoning for housing, and development of design guidelines. • Neighborhood Greenspace—The 2010 plan states that because of the anticipated development of new residential units, it is imperative that additional greenspace be developed. The AON includes 2 1-6 Packet Pg. 135 2'.5a Land Acquisition and other projects have been completed but does not specify what lands have been acquired. • Streetscapes —the 2010 plan identifies streetscapes as one of the most important components of the public realm and that they have a direct impact on the type and quality of redevelopment and economic potential. The AON identifies streetscapes as Planned projects and states that they should include improved sidewalks, lighting, landscaping and street furniture, although they do not specify which streets. The 2010 plan includes a streetscape "pilot project" at the PAC, and both Primary and Secondary streets that need streetscaping, and the description appears to be similar to the "complete" streets approach to streetscaping. • Historic Preservation —the 2010 plan states that historic buildings should be restored and that they embody the heritage of the community and enhance neighborhoods. It identifies eight (8) properties that have a historic designation, that they are in significant disrepair, and surround development should recognize the scale and character of these properties and take measures to ensure that they remain community assets. Based on review of the Annual Reports several historic preservation projects are completed, several underway and a few yet to begin. • Transportation and infrastructure — this section of the plan identifies several projects that are necessary to improve the redevelopment district. The AON notes several projects having been completed including the tunnel although the CRA is paying debt service on the tunnel. Projects which are either on -going or planned include: o Port of Miami Tunnel — complete but paying debt service 0 17t" Street / FEC Crossing 0 2-Way Conversions — N Miami Ave; NE 1st Ave; NE 2nd Ave; NE 17t" Street o Water & Sewer upgrades Strategies In addition to physical projects, the 2010 plan identifies "Social Needs Strategies" which are provided as a framework for improvements to the delivery of human services and groups them into three general categories. • Improve Human Services Delivery • Improve Employment Opportunities and upward Job Mobility • Foster Small Business Development 1-7 Packet Pg. 136 2'.Sa Conclusion From 2013 to 2017, the CRA focused its resources on several historic preservation projects, North Bayshore Streetscape, NE 141" Street Infrastructure and Streetscape, payment of debt service for the Performing Arts Center, Community Policing, greenspace improvements to the Margaret Pace Park, Maurice A. Ferre Park, the Miami Entertainment Complex, the Port Tunnel, land acquisition, and streetlight/landscape maintenance. Section 7 of the 2010 Plan, Financing Plan, acknowledges that the total cost of improvements far exceeds the anticipated revenues of the CRA, and states that investment of the private sector and other grant/public sources are necessary to undertake the projects identified in the plan. Consequently, not all projects have been completed. The matrix illustrates that as projects are completed in 2015, other projects commenced in 2016 including Omni Park Greenspace, Dorsey Library Citizens Bank and Woman's Club historic preservation, business and residential rehabilitation programs, housing, School Board Property, business incentive grants, and the 1-395 project. Based on the information in the 2010 CRA Plan, the AON and the Annual Reports from 2013 to 2017, because the total cost of all projects in the 2010 CRA Plan requires a variety of public and private funding sources, implementation of projects must be phased over time. With the projects shown in the matrix above as being completed the other on -going and planned projects can be phased -in as funding becomes available. 2 1-8 Packet Pg. 137 2.5.a Chapter 2 Public Involvement This update of the Omni Area Community Redevelopment Plan is the continuation of efforts from prior plans adopted in 2006 and updated in 2009 and 2010. In 2005 a public participation process was conducted that included numerous individual meeting Omni -area stakeholders and various neighborhood advisory committees, as well as a steering committee comprised of CRA Board member and City Commissioner, neighborhood business and property owners, representatives of the Performing Arts Center Trust and the Florida Department of Transportation. The 2009 update included public hearings for adoption of the Finding of Necessity to expand the boundary of the CRA districts, and the adoption hearings. This plan update included an Assessment of Need for an extension of timeframe for the redevelopment district, as well as input from area stakeholders in a public involvement meeting. The meetings and stakeholder conversations reviewed history of the CRA, past accomplishments, current projects, and to obtain input from stakeholders on what other projects should be included in the plan. Input from the meeting included comments addressing current projects, identification of priorities and the addition of some new projects and were as follows: Transit connections are important. These systems should consider premium and innovative transportation. v _ Affordable housing is a priority for the area. The style and focus of housing should be considered E O including housing for artists and makers. 0 The 1-395 improvement project is a priority and ensuring that lush landscapes are installed as part of the project. a Construction of infrastructure to support new development is important, including the construction of sidewalks and pedestrian amenities. s x w The traffic on NE 2nd Avenue is an issue, and that the street should be able to accommodate all o modes of transportation. ti The CRA should invest in small parks. With minimal investment in benches, trash receptacles, _ m maintenance, and good design these parklets could become community assets s There should be a focus on park improvements including those that would be pedestrian friendly and add activities. a 2-9 Packet Pg. 138 2'.Sa Chapter 3 Existing Conditions Existing Infrastructure Conditions Infrastructure within the Omni CRA was evaluated to determine existing conditions and where deficiencies in government -owned facilities exist. This includes: roadways, sidewalks, curbs, lighting, water, sewer, and stormwater drainage. The following is a summary of these findings. It should be noted that these are deficiencies of the existing facilities and not any indication of future needs for such. This updated redevelopment plan includes strategies and implementation funding to remedy these deficiencies as well as for upgrading facilities to better serve future needs and the anticipated increases in population and use. Streets/Roadways Asphalt deficiencies may include significant cracks, potholes, depressions, and/or overall wear. A majority of streets west of NE 2nd Avenue and NE 2nd Avenue itself exhibit these deficiencies, while east of NE 2nd Avenue deficiencies are not quite as evident, however, several streets including NE 2nd Court, NE 4th Avenue, NE 181h Street and segments of North Bayshore Drive have such issues. The only area where roadway is currently not found is an area where it appears a segment of NE 171h existed between NE Miami Place and NE 2nd Avenue though this area is currently private property. No such deficiencies were noted along US 1, the CRA area south of 1-395 or on that portion of the CRA located on Watson Island. In total, there are approximately 4,000 linear feet of roadway that require asphalt with 4,200 linear feet that require rebuilding. A number of roadways appear to be designed for a higher speed traffic than is generally appropriate in a pedestrian -oriented downtown setting, including wider and more roadway lanes than necessary, larger curb returns than necessary, one-way movement where unnecessary, conflicting and dangerous intersections, and this should be addressed in future road improvement projects. 2 3-10 Packet Pg. 139 Sidewalks n Leg" Roadwy C oM :. — o.�...M.. o.w«d uperw p «•�.. a... ea. ew Exhibit 3-1 Sidewalk Deficiencies Locations of deficient sidewalks, those that are cracked, lifting, missing, or otherwise broken can be found on Exhibit 3-1. Sidewalks with deficiencies can be found throughout the CRA however, only a few segments are of any significant size. Those sections found in the following locations are of some note: NW 22nd Street between NW 5" and NW 3rd Avenues, NE 191" Terrace between NE Miami Court and NE 2nd Avenue, North Miami Avenue between NE 17t" Terrace and NE 19t" Street, NW 1" Place between NW 14t" and NW 15t" Streets, and a significant area lacking sidewalks along surface roadways within the CRA area on Watson Island. There were no sidewalk deficiencies located in the area of the CRA south of 1-395. The infrastructure review noted approximately 17,000 linear feet of sidewalk that needs to be installed or replaced. 0 �PorM� N" Legend Roadway Conditions ...nt Curbs Dafiu.N Gub O owl ft—y Omni Boundary Curbs The majority of curbing needs are in areas located west of NE 2nd Avenue. Larger areas of need can be found along NW 22nd Avenue between NW 5" and NW 3rd Avenues, NE 191" Terrace between NE Miami Court and NE 2nd Avenue, North Miami Avenue between NE17th Terrace and NE 19t" Street and as with sidewalks, there is a lack of curbing on the surface streets that are within the CRA area on Watson Island. There is no need for any curbs in the area of the CRA south of 1-395. Exhibit 3-2 Curb Deficiencies Approximately 16,500 linear feet of curbing needs to be installed/replaced. This curbing will require gutters along that linear footage as well. The installation of curbing where it does not exist will also necessitate the installation of drainage structures since stormwater will no longer drain into swales or other pervious locations. Up to 24 drainage structures along with approximately 3,500 linear feet of drainage pipe would be required to mitigate stormwater issues with this new curb and gutter installation. 2 3-11 Packet Pg. 140 2'.5a Lighting In RoaCvNy CaMiims u��lyw D'_ 8 tgro Exhibit 3-3 Lighting Deficiencies Street lights were also reviewed as part of this investigation. Exhibit 4-4 shows areas that are deficient in lighting due to insufficient quantities of lights. Most of the CRA area was found to have sufficient lighting. However, several areas were found to be deficient. Roadway segments in need of lighting include: NW 22nd Avenue between NW 5th and NW 2nd Avenues, approximately 300 feet of NW 22nd Lane west of NE 2nd Ave., about 50 feet of NW 22nd Terrace west of 2nd Avenue, the portions of both NW 15th and 16th Streets from NE 1s' Avenue to the FEC railroad tracks, and NE 1st Avenue between 13th and 14th Streets. The streets underneath the viaduct of 1-395 are also underlit, and better lighting should be included with the 1-395 redesign project. No lighting deficiencies were noted east of NE 2nd Avenue nor within those areas of the CRA located south of 1-395 or on Watson Island. The lighting deficiencies within these areas could be remedied with the installation of 14 new street lights. Such lights would need to include sufficient electrical transmission lines to power the lights. Stormwater Drainage The current need for drainage is unknown without a full drainage study being performed. However, as more development occurs on what is now vacant land and as more urban -style curb and gutter is installed along roadways in the CRA, the need for drainage systems will increase exponentially. 2 s x w 0 ti M ti C d E S C� Q 3-12 Packet Pg. 141 2.5.a Future Land Use City of Miami Since adoption of 2010 Redevelopment Plan, some changes to the Future Land Use Map have been made although areas east of NE 2nd Avenue remain primarily Restricted Commercial and those areas west of NE 2nd Avenue remain primarily General Commercial. The Miami Comprehensive Neighborhood Plan (MCNP) designates the Omni neighborhood primarily as a specially designated "High Density Multifamily Residential Area" allowing up to 500 units per acre in residential density. The Future Land Use Element states the following about the land use designations present in the Omni CRA area: �o to n ® .� ®mom Legend 2020 Future Land Use 0—Boundary Exhibit 3-4 - Future Land use Recreation —the primary intent is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which exist in the park. Institutional — allows for federal, state and local government activities, major public health or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Medium Density Multifamily Residential — allows residential structures to a maximum density of 65 units per acre. Restricted Commercial — allows multifamily residential density, general office, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. General Commercial — allows all activities in the Restricted Commercial category as well as wholesaling and distribution activities that generally serve the needs of other businesses. Central Business District — allows all activities in the Restricted Commercial and Institutional designations, as well as residential facilities. Light Industrial — is intended to allow mixed -use development to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under live/work or work/live zoning districts. Industrial — intended to allow manufacturing, assembly and storage activities generally including uses which generate noise, smoke, fumes, illumination, traffic and other impacts if not properly controlled. It should be noted that the City's Future Land Use designations will define the limitations on the type, size, height, number, and proposed use of buildings. Any of these items that are not regulated by the Future Land Use shall be governed by the City's zoning designations and codes. 2 3-13 Packet Pg. 142 2'.Sa Existing Zoning Exhibit 3-5 Existing zoning The Omni Area Community Redevelopment Plan adopted in 2006 and updated in 2009 stated that at the time, the existing zoning districts in the Omni area are largely defined by higher densities and restricted commercial east of NE 2nd Avenue and lower densities and a wider array of commercial uses on the west. The 2009 plan proposed a number of zoning changes which were to be accomplished in the second phase of work. At the time, the zoning districts included R-3 multifamily medium density, C-1 Restricted Commercial, C-2 Liberal Commercial, CBD Central Business District, G/I Government Institutional, Industrial, SD-6 Central Commercial Residential, SD-6.1 Central Commercial Residential, and PR Parks/Recreation. The Miami 21 zoning regulations have been adopted which take a form -based approach to zoning and development regulations. Current zoning designations within the Omni Redevelopment Area are as follows: T3-0 (Overtown Residential)— this is a Duplex Suburban residential zone allowing up to eighteen (18) dwelling units per acre, but only 2 units per parcel. T4-R— a General Urban residential zone allowing up to thirty-six (36) dwelling units per acre. T5-0 (Generally within Wynwood NRD)— is the Urban Center Zone allowing up to sixty-five (65) units per acre along with some commercial uses. T6-8— Urban Core Transect, which includes the highest density and greatest variety of uses with a by -right building height of 8 stories and a bonus density to allow up to 12 stories. T6-36B-0 (Generally, east of NE 2nd Avenue) — Urban Core Transect, which includes the highest density and greatest variety of uses with a by -right building height of 36 stories and a bonus density to allow up to 60 stories. T6-24A-0 and T6-2413-0 (Areas west of NE 2nd Avenue) — Urban Core Transect, allows a variety of uses but is limited by -right to 24 stories with a bonus density of up to 48 stories. D-1 and D-2 (Along FEC Tracks and NW 14t" Street) —Work Place Districts, these districts implement the Light Industrial and Industrial land use designation. D-1 allows residential density up to 36 units per acre along with lodging uses, office, commercial, civic, civil support, educational and industrial uses. D-2 allows office, commercial, civic, civil support, educational and industrial uses. CS / Cl — these are both Civic Use districts, with CS intended for civic spaces and including docks and open-air retail; Cl is intended for civic institutional uses including docks, open-air retail, adult day care, community support facilities, and other similar uses. Districts that include residential uses as depicted in this map are those that contain the approximately 6,000 dwelling units within the CRA. It should be noted that Limitations on the type, size, height, number, and proposed use of buildings not regulated by the City's land use will be guided by the limitations on these zoning categories. 2 3-14 Packet Pg. 143 2.5.a Government Owned Land There are a number of government - owned parcels within the Omni CRA. These parcels may be owned by the City of Miami, Omni CRA, Miami -Dade School Board, Miami - Dade County, or the Florida Department of Transportation. These parcels maybe be utilized for open space, transportation facilities, office facilities, parking, cultural or recreational facilities, cemeteries, or other such uses and may be the sites of additional such uses and/or future open space or residential facilities Legend 0�P Government Parcels Omni BwnAary O OWiBanOar Exhibit 3-6 Government owned land within the Omni CRA district boundaries Other Items of Note The maps provided as exhibit in this section are also designed to depict the street layout, public spaces, and open space within the CRA. 2 3-15 Packet Pg. 144 2.5a Demographics The current population (2018) of the Omni CRA area is 9,541 based on data from Environics Analytics (a nationally recognized source of demographic and market data. This population is housed in 5,916 dwelling units. Other key elements of the demographic and housing data are: • Percent Black = 33.16% • Percent Hispanic = 36.60% • Percent Renter Occupied = 72.58% • Median Value Owner Occupied Units = $445,351 • Residents with Bachelor's Degree or Higher = 44.12% • Median Household Income = $68,797 Percent Families Below Poverty Level = 14.80% Tables illustrating the demographic and Housing data are found on the next three pages. 2 s x w 0 ti M ti C d E S C� Q 3-16 Packet Pg. 145 2.5.a Table 3-1- Demographics and Housing 2010 Population by Single Race Classification White Alone 5,397 56.55 B I a WAfric an Am eric an Alone 3,164 33.16 American IndianlAlaskan Native Alone 32 0.34 Asian Alone 224 2.35 Native HawaiianTaciflc IslanderAlone 5 0.05 Some Other RaceAlone 438 4.59 Two or More Races 200 2.93 2010 Population by Ethnicity HispaniclLatino 3,492 36.60 Not HispaniclLatino 6,050 63.40 2010 HispaniciLatino Population by Single -Classification Race White Alone 2,730 20.69 BlacWAfricanAmerican Alone 215 2.25 American IndianlAlaskan Native Alone 17 0.18 Asian Alone 5 0.05 Native HawaiianlPaciflc IslanderAlone 5 0.05 Some Other RaceAlone 390 4.09 Two or More Races 122 1.28 2010 Population by Sex Male 4,920 51.65 Female 4,613 48.34 Male to Female Ratio 1.07 17 Packet Pg. 146 2.5.a Table 3-1 (continued)- Demographics and Housing Married Couple Family, own children Count 343 % 15.95 Married Couple Family, no own children 063 40.12 Male Householder, own children 94 4.37 Male Householder, no own children 170 7.90 Female Householder, own children 372 17.29 Female Householder, no own children 309 14.37 2019 Est. Households by Household Size 1-Person Household 2.030 47.84 2-Person Household 1,876 31.71 3-Person Household 637 10.77 4-Person Household 316 6.34 5-Person Household 136 2.30 6-Person Household 76 1.28 7-or-more-person 45 0.76 2019 Est. Average Household Size 1.90 2019 Est. Households by Number of Vehicles No Vehicles 949 16.04 1 Vehicle 3.339 56.44 2 Vehicles 1.363 23.04 3 Vehicles 243 4.11 4 Vehicles 15 0.25 5 or more Vehicles 8 0.14 2019 Est.Average Number of Vehicles -- 1.16 2019 Est. Occupied Housing Units by Tenure Housing Units, Owner -Occupied 1.622 27.42 Housing Units, Renter -Occupied 4,294 72.58 2019 Owner Occ. HUs: Avg. Length of Residence 2019 Owner Occ. HUs:Avg. Length of Residence 10.81 2019 Renter Occ. HUs: Avg. Length of Residence 2019 Renter Occ. HUs:Avg. Length of Residence 5.12 2019 Est. Owner -Occupied Housing Units by Value Value Less Than $20.000 6 0.37 Value $20.000- $39.999 13 0.80 Value $40.000- $59.999 8 0.49 Value $60,000- $79.999 12 0.74 Value $80.000- $99,999 5 0.31 Value $100,000 - $149,999 29 1.79 Value $150,000 - $1 99,999 85 5.24 Value $200,000 - $299,999 250 15.41 Value $300,000 - $399,999 280 17.76 Value $400,000 - $499.999 237 14.61 Value $500,000 - $749,999 383 23.61 Value $750,000 - $999,999 184 11.34 Value $1.000.000 - $1.499,999 40 2.47 Value $1,500,000 - $1.999.999 57 3.51 Value $2,000,000 or more 27 1.67 2019 Est. Median All Owner -Occupied Housing Value 446.350.00 18 Packet Pg. 147 2.5.a Table 3-1 (continued) - Demographics and Housing 2019 Est. Pop Age 25+ by Edu. Attainment Less than 9th Grade 783 8.40 Some High School, No Diploma 865 9.28 High School Graduate (orGED) 1,541 16.53 Some College, No Degree 1,323 14.20 Associate's Degree 604 6.40 Bachelor's Degree 2,520 27.04 Master's Degree 977 10.40 Professional Degree 563 6.04 Doctorate Degree 144 1.54 2019 Est. Pop Age 25+ by Edu. Attain., Hispkat. High School Diploma 604 14.51 High School Graduate 738 17.72 Some College orAssociate's Degree 986 23.68 Bachelor's Degree or Higher 1,837 44.12 2019 Est. Households by HH Income Income < $15.000 836 14.13 Income $15,000 - $24,999 462 7.81 Income $25,000 - $34.999 538 9.09 Income $35,000 - $49.999 439 7.42 Income $50,000 - $74.999 095 15.13 Income $75,000 - $99.999 642 10.85 Income $100,000- $124,999 649 10.97 Income $125,000- $149,999 469 7.93 Income $150,000- $199.999 329 5.56 Income $200,000- $249.999 219 3.70 Income $250,000- $499.999 273 4.62 Income $500,000+ 165 2.79 2019 Est.Average Household Income 100.028.84 2019 Est. Median Household Income 68.797.13 2019 Median HH Inc. by Single -Class. Race or Eth. White Alone 84,244.25 Black or African Anne ri can Al o ne 25,370.19 American Indian and Alaskan Native Alone 75,000.00 Asian Alone 130,792.90 Native Hawaiian and Other Pacific IslanderAlone 200,000.33 Some Other Race Alone 44,107.26 Two or More Races 81.125.84 Hispanic or Latino 74.214.21 Not Hispanic or Latino 63.715.12 2019 Est. Families by Poverty Status 2019 Families at orAbove Poverty 1,837 85.40 2019 Families at orAbove Povertywith children 495 23.01 2019 Families Below Poverty 314 14.60 2019 Families Below Poverty with children 195 9.07 19 Packet Pg. 148 2'.Sa Chapter 4 Strategic Plan Purpose This section is designed to identify the major strategies, key and catalyst projects and programs that are recommended to be implemented by the Omni Community Redevelopment Agency (CRA). It includes projects outlined in the adopted 2009 Omni CRA Community Redevelopment Plan Update (CRP) (which by this reference is hereby made an appendix to this document) in conformance with the original 1986 Plan. It will also address some new projects and programs that are necessary to further the mission of the CRA and assist in the elimination of slum and/or blighting conditions outlined in the May 2009 Finding of Necessity Report for the expansion of the Miami CRA to include the Omni CRA Redevelopment Area and the 2018 City of Miami Omni CRA Assessment of Need For Extension of Time Frame for the District. While key components of the CRA's future work plan are outlined, this section is not intended to be an exhaustive list of the projects and programs to be undertaken. This section has been created with several specific projects/programs that should be undertaken and all of the mentioned projects/programs should be considered illustrative of the types of activities the Omni CRA should undertake under this Plan. In implementing these projects and programs, the CRA should continue to keep in mind that regular review of conditions of the neighborhood and needs of its residents and property owners is vital in creating effective and cost-efficient projects and programs. Administration This section will include an authorization of CRA administration activities over the lifetime of the CRA. Administering a CRA is often about networking and interacting with residents, business owners, property owners, investors, and developers. The CRA moves forward with its mission due to the interpersonal relationships and trust that develops between the private sector and the CRA, and the residents and the CRA. Advocacy for private projects and for better services are often the mainstay of the CRA Executive Director and the CRA staff. This sometimes conflicts with the role of the local government, which is why it is critical that the CRA staff remain independent and not report through the City bureaucracy but through the Chair of the CRA to the CRA Board and that the CRA maintain its independence. The Omni CRA currently has such a structure and this Plan update shall continue to authorize the CRA be staffed as the Board sees appropriate and shall authorize the incurring and payment of expenditures normal and customary for such an agency and for the activities it undertakes in accordance with this Plan. The CRA shall continue to have all of the authority to operate the CRA as may be granted under §163, Part III, Fla. Stat. and any interlocal agreements with the City of Miami and/or the Miami -Dade Board of County Commissioners. This shall include the right of the CRA to engage staff and outside professionals necessary to plan, construct, carry -out, and/or maintain projects and programs contemplated by this redevelopment plan. The CRA shall retain the rights to enter into agreements, purchase goods and services required to conduct allowable redevelopment activities. This may also include the right to purchase and hold land where necessary for a contemplated activity. As mentioned, networking is critically important to the administration of the CRA. Interaction with other key individuals in other relevant organizations assists is making people aware of the opportunities in the CRA. The Omni CRA benefits from relationships with developers that build mixed -use and commercial facilities of the type desired by the CRA, local historical organizations when promoting the history of the 4-20 Packet Pg. 149 2.5a Omni area, realtors with ties to the developers and retail site locators, and with key people in the tourism, hotel and restaurant industries. There are numerous organizations both statewide and locally that the CRA should maintain membership/relationships with or consider joining and/or being involved. These organizations include, but are not limited to: 1. Urban Land Institute 2. Miami Association of Realtors 3. Builders Association of South Florida 4. National Association of Office and Industrial Parks 5. Visit Florida (The Florida Tourism Marketing Corporation) 6. Greater Miami and the Beaches Convention and Visitors Bureau 7. Florida Restaurant and Lodging Association 8. Greater Miami and the Beaches Hotel Association 9. Dade Historic Trust 10. Catalyst Miami 11. Miami Homes for All 12. The Metropolitan Center at FIU 13. Local Universities and Colleges Involvement with these groups and any other similar groups will promote the CRA and its vision, as well as provide direct contact with individuals and companies that may be attracted to investment opportunities in the Omni CRA. The CRA does not need to get involved in or join every organization identified, however, CRA staff and Board members should attempt to take an active role and participate in membership activities and events hosted by relevant organizations. '-q 4-21 Packet Pg. 150 2'.5a Redevelopment Strategies The remaining subsections shall provide a general description of on -going and planned projects that they CRA may undertake or in which the CRA may have some involvement during the course of its existence. It is important to note that this is an illustrative list of potential projects and is not an exhaustive list of projects that will be undertaken. The CRA is often required to react to ever changing conditions. This plan therefore, provides the CRA flexibility to adjust to market and political considerations as they occur without impeding its ability to continue moving the redevelopment program forward by providing such flexibility while complying with the provisions of §163, Part III, Fla. Stat. This plan is not intended to be a major redirection of the CRA's work plan, and thus many of the activities described below can also be found in "Section 5, Projects and Strategies", of the 2010 CRA Omni CRA Redevelopment Plan. Due to this, 2010 Redevelopment Plan has been included an appendix to this document to be used as a guiding document; where text in this plan body conflicts with that in the appendix containing the 2010 Redevelopment Plan, direction provided by this document, and not the appendix, shall take precedence. The following will start with some strategies that will affect multiple projects (i.e. community benefit strategy), a presentation of specific projects, and will conclude with strategies of a more general nature (i.e. job creation, business assistance, affordable housing). This order of presentation is not to indicate any order of priority or preference. Prioritization of projects/strategies is indicated through policy of the CRA Board and through its annual budget. Implementation of a Community Benefits Strategy In any project assisted by the CRA, with the exception of projects in which the CRA is undertaking on its own or working with a partner to provide workforce, low, or very -low income housing, the CRA should seek to obtain a package of community benefits from the project owner or developer. Community benefits would include assurances that the existing CRA residents/businesses will benefit from the new project through such items (but not limited to) housing and employment opportunities or other social service activities. To be more specific, such benefits could include but not be limited to: 1) The inclusion of an appropriate amount of below -market rate units. These units may be provided at rates for workforce housing (less than 140% AMI) or for low income residents (less than 80% AMI). This would ensure the neighborhood will retain its affordability, reduce the potential for existing residents to be displaced, and afford area workers an opportunity to live near where they work. The target workforce for these types of units are often teachers, clerical workers, entry level professionals, and other service workers. This could also include other housing options for students with limited incomes. 2) The CRA should also strive to ensure these projects maintain appropriate urban design standards that are consistent with the vision for the Omni CRA Redevelopment Area as a complete and active, pedestrian -friendly, urban neighborhood. To this end, the CRA should be a part of the review of any project and encourage components such as, but not limited to, the following when appropriate: Architectural components and placement of these components in a manner that enhances building/development functionality and appearance. b. Activated ground floor uses (including the street side of structured parking) c. Structured parking that includes parking for the general public d. Public plazas or other gathering spaces included within the project 4-22 Packet Pg. 151 2.5.a e. Pedestrian -friendly streetscapes that include: i. Wide sidewalks to allow for pedestrian use and room for activation such as for a sidewalk cafe. ii. Shade trees iii. Benches iv. Trash receptacles v. Pedestrian level -lighting on appropriately designed light poles 3) Each project should provide other benefits that may include: a. A percentage of construction jobs earmarked for employees of the Omni CRA Redevelopment Area (possibly expanded to include Overtown or other adjacent neighborhoods or zip codes) b. Shared parking with availability for public parking c. Availability of housing units to district residents (especially below market rate units) d. Availability of small retail space at below market rents for local "mom and pop" retail businesses owned by district residents e. General commitments of support of the community which may include but not be limited to: i. Joining or otherwise supporting local non-profit agencies providing services within the Omni CRA Redevelopment Area ii. Encouraging employees, residents, businesses to volunteer for local causes iii. Providing forjob fairs, internships, or other on-the-job training where appropriate Public Improvements in Conjunction with Private Projects Improvements in the public space and in areas of private property that can be utilized by the general public (parking, plazas, sidewalks, etc) should be encouraged as community benefits to be provided by the Q developer/owner of any project. When such projects are not undertaken by the private developer or they serve a larger neighborhood, and whether projects are undertaken with CRA assistance or without, there x may be a need for the CRA to invest in infrastructure around a project, or in limited instances within the c project. The CRA should consider and possibly invest in improvements to publicly -owned facilities should they be reasonable and if they are improvements to appearance, functionality or an overall increase in; quality -of -life for those residing, visiting, or doing business in the area. These improvements may include, but not be limited to: s 1. Housing Affordability a 2. Streetscapes - which may include one or more of the following: a. Wide sidewalks b. Traffic calming features C. Trees d. Additional decorative or thematic street lighting 4-23 Packet Pg. 152 2.5.a e. Bike lanes f. Street furniture — benches, trash receptacles, etc. g. Bus shelters and benches h. Ride share and mass transit drop-off/pull-outs i. Wayfinding signage (both pedestrian and vehicular level) j. Pedestrian -level street lighting k. Other such elements within the public space 3. Public gathering spaces a. Public plazas b. Neighborhood greenspaces C. Pocket parks 4. Other Infrastructure improvements and upgrades a. Water and Sewer b. Undergrounding or relocation of overhead utilities C. Provision of public wi-fi d. Electric car charging stations e. Public Parking (structured or on -street) f. Public Restrooms facilities g. Informational kiosks 5. Other such improvements or upgrades that may enhance the area and/or provide for a better quality of life for residents, visitors and area business customers. New Development Projects There are a significant number of projects planned for the Omni CRA area. The following is a discussion of the major projects Miami -Dade School Board Properties The Miami -Dade School Board owns several sizeable parcels within the Omni CRA area. These include (but are not limited to) the School Board's Administration Building with an adjacent parking structure and surface parking lot, the buildings currently housing iPrep Academy and WLRN, School Board Parcel 7 to the south of the WLRN building, and a few blocks from these key sites, Phillis Wheatley Elementary School. The City of Miami, Omni CRA and Miami -Dade School Board have all recognized these properties are located in the middle of the Omni CRA Redevelopment Area and are prime for redevelopment and thus have begun to explore a potential partnership for this purpose. The CRA should continue to work with the City and School Board to seek desirable development of these underutilized sites. 4-24 Packet Pg. 153 2.5.a Exhibit 4-1 —school board properties The proximity of these properties to downtown, 1-95, 1-395, 1-195, the waterfront and cultural amenities, as well as having two nearby Metromover stations, including one in the center of the area makes them a key target for development. Given the area's zoning which allows for residential and mixed -use products, with bonus units available if affordable housing is included in the project, their potential is even further enhanced. With the CRA's guidance, these properties could anchor new residential projects already being built Q in the area with mixed -use projects with affordable housing and strong retail, service and s restaurant options that do not currently exist. Businesses that locate in this area would provide for x w residents and visitors to the area's entertainment/cultural facilities, but would also assist in o attracting new office uses to the area. ti In order to utilize these properties, the CRA will need to work with the City and School Board to = m relocate the uses the School Board has in its current buildings. It would be beneficial for the CRA s to endeavor to have some of these facilities that bring workers and students to the area relocate within the CRA. These workers and students can help bring energy and provide a necessary a customer base for pioneer businesses locating to new development Of particular note, in designing redevelopment of the Phillis Wheatley Elementary School site, the CRA should seek to maximize the provision of affordable housing for incomes of teachers and other School Board employees. While providing for new development and a more efficient use of the School Board Properties, the public entities involved all have a more community -oriented mission than profit. Therefore this 4-25 Packet Pg. 154 2.5.a partnership can and should focus on creating strong community benefits through any development. With this in mind there are several key aspects of development that the CRA should endeavor to have included in the projects subject to the partnership. These aspects could include, but not be limited to: • The CRA may have need to support projects in or around the School Board properties through investment in the public realm. While developers may participate with public improvements related to their projects, it is not always the case. Additionally, infrastructure in the area may need upgrading or an increase in capacity to safely and efficiently handle an increase in use. • The CRA should consider and possibly invest in improvements to publicly -owned facilities should they be reasonably regarding as improvements to appearance, functionality or an overall increase in quality -of -life for those residing, visiting, or doing business in the area. These improvements any include, but not be limited those outlined previously in the subsection on Public Improvements in Conjunction with Public Projects. • If the CRA is not engaged as a partner one or more projects on the School Board sites, the CRA should work closely with the City to have review authority, or at minimum review consultation, on any projects proposed for the sites. This program has the greatest potential to change the Omni CRA area since the construction/opening of the Adrienne Arsht Center and therefore should be a high priority for the CRA. KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Foster a close working relationship with the City and School Board to redevelop School Board property in the Omni CRA to the greater benefit of the public. b) Develop new projects on School Board properties, in conjunction with the City and School Board, E promoting the envisioned urban character of these sites and the overall CRA area. E O c) Seek community benefit concessions from any selected developer(s). 0 d) Implement any necessary public improvements in accordance with the subsection on Public ti Improvements in Conjunction with Private Projects. Q e) Relocation of the School Board administrative offices and WLRN to another site within the Omni CRA if possible. X w f) Increase job opportunities for residents of the CRA and possibly for those of adjacent neighborhoods. ti g) Provide a mixed -income of housing on these sites including below -market rates for affordability to workforce and lower income families and individuals as well as a student population. E s h) Enhance street -level activity through ground floor retail uses and pedestrian -friendly streetscape amenities. a i) Relocation and support for the iPrep School if and when it is affected by redevelopment of its existing site. The CRA should seek to maximize the availability of housing on this site for teachers and for local area students (generally college or emancipated students) on the Phillis Wheatley Elementary School site. 4-26 Packet Pg. 155 2.5.a PHASES OF DEVELOPMENT: a) School Board Parcel 7 — The CRA may participate with the School Board in the development of the School Board's parcel between NE 1st Court and NE 2nd Avenue south of NE 14t" Street. The School Board is seeking to partner with the adjacent property owner on development of these sites. b) Continue on -going discussions with the School Board and City of Miami, the Miami Parking Authority, and other stakeholders to partner with one another and private developers to develop the School Board -owned Properties c) Partner with the City and neighboring landowners to enhance educational opportunities on City Owned land. d) Partner with the County and the School Board to increase housing opportunities within improved Phillis Wheatley school site. Exhibit 4-1 -Existing School Board Property Site 2111 4-27 Packet Pg. 156 2.5.a The following are conceptual depictions of how the School Board property could develop. Exhibit 4-2 Prospective site development School Board Administrative Property 4-28 Packet Pg. 157 2.5.a Exhibit 4-7 — School Board Parcel 7 Conceptual Plan 4-29 Packet Pg. 158 1-395 "Underdeck" The Florida Department of Transportation has committed to creating a park on land it currently owns adjacent to and under 1-395, much of which is currently vacant or used for parking. This park will utilize this land on which the roadway bridge will be constructed. The park will both be adjacent to the bridge and under it. The CRA should work closely with the City and FDOT, and any selected Operator to ensure any open space that is built is both attractive and functional. The park will be an active link from Omni to the Downtown district and thus clear useable pathways need to exist; the Baywalk may have to connect southward through this park for lack of any other way to cross the 1-395 right-of-way. In addition, the open space needs to be designed in a way that will ensure it can be maintained. Hidden spaces under the bridge may be attractive to the homeless, unwanted graffiti artists, criminals, and other persons who will negatively add to the park and its surroundings. In addition, the right mix of plant materials needs to be installed as the bridge's shadow will cause varying amounts of sunlight at different locations within the park based on the location of the sun over the course of daylight hours. There may be elements of the park the CRA wants to include or the overall design may be over the budget for the project. In this case, the CRA can participate in the costs to ensure a design that is desired by the community. Exhibit 4-9 - 1-395 Span proposal 4-30 Packet Pg. 159 2.5.a Housing Affordability While projects/programs in this section are not presented in any order of importance, it should be noted that housing affordability is one of the key programs for the CRA to undertake. A key tenant of community building is that the most complete communities, those that provide the best environment for their residents, are those that contain people of mixed incomes. When residents in all phases of life, and those with varying types of employment from entry level professionals to food servers, to teachers, to doctors, and to CEO's of Fortune 500 companies can all live in one area, the community thrives. In today's housing market however, it is particularly difficult to maintain and expand workforce housing (units for households earning up to 120% of AMI) and lower income housing (units for households earning below 80% of AMI). The City of Miami has set an aggressive target of developing 12,000 new or preserved affordable units by 2024. While the Omni CRA may not have sufficient funding by that time to create a significant portion of those units, in later years as the CRA's increment revenue expands, it should be able to make a major impact in providing for such units. While thousands of new housing units have been developed with the City of Miami and thousands more are slated for development within the Omni CRA Redevelopment Area alone, most have been built as market rate or high -end luxury units. It is unlikely that any significant number of single family homes will be built in the district at any time in the future due to the cost of land and the cost of construction. Most new units and just about all the units that will be potentially built in Omni will be in multi -family buildings and many will be rental units. Additionally, very few units built in modern, multi -family buildings contain more than two bedrooms which make them unfriendly for families. Historically, housing in Omni was not high -end luxury except for buildings along the water that provided views of Biscayne Bay. However, with increasing desire to live in Miami and with the congestion that one now experiences in Brickell and Downtown, and with the opening of the Performing Arts Center, investments being made in Maurice A. Ferre Park, easy vehicular access to the interstate highways, and access to mass transit via Metromover stations, more and more people are seeing the benefits of living in Omni. Developers have noticed this as well as the high allowable density in much of the area surrounding the Adrienne Arsht Center. Several new high-rise projects are currently under construction and others are being proposed. In fact, this redevelopment plan strongly encourages such high density residential to be built on the Miami Herald Properties and the School Board Properties. Given these conditions, the CRA needs to find ways to ensure housing remains affordable for all income levels within the district, but particularly for those households meeting workforce or lower income guidelines. It is also important to make sure that housing is available for families. Two major regulatory methods can be employed to provide affordable housing. Inclusionary zoning and density bonuses. Inclusionary housing is where the City mandates that each new housing project provides a certain percentage of units for households making below a pre -established income level. While this ensures a certain number of units, such a program could have the effect of increasing costs to renters/buyers to the other residents of the project as they would have to make up for revenue that would be lost by providing the lower -cost units rather than selling or renting them at market rates. Additionally, such programs are much more successful when the housing market is booming and costs exceed revenues by a greater percentage. Should the CRA wish to pursue such a regulation, it should be monitored to see if it remains cost-effective to the housing provider to continue to develop. The City already employs a Bonus Density program through its zoning code. In certain zoning districts, developers can obtain the right to build more units on a property if a percentage of units on the property 4-31 Packet Pg. 160 2.5.a are maintained as affordable for lower income residents. It is through this program that the CRA is hoping to provide a significant number of units for workforce and lower income households within the School Board Properties. There are also several programmatic methods the CRA can employ to increase the supply of affordable housing. All of the following methods will have the effect of lowering housing costs and can be implemented by the CRA: To Assist For -Profit Housing Providers in the CRA could: 1) Acquire land and sell or give it to a developer at below market cost. 2) Pay some portion of development costs such as impactor permit fees 3) Provide a direct cash subsidy in the form of a rebate equal to a percentage of the increases in taxes paid over a defined period of time after completion if affordable units are provided. 4) Undertake projects in the public realm that might otherwise be the responsibility of the developer (i.e. streetscapes, sidewalks, roadway improvements) 5) Grant funds to assist in rehabilitation of an existing housing project. 6) Provide a liaison person knowledgeable in the development approval and building permit processes in the City to shepherding the project through development approvals in an efficient manner. To Assist or partner with non-profit housing providers the CRA could: 1) Do any of the activities it could do for a for -profit developer. 2) Provide a cash grant to the non-profit to provide the affordable housing 3) Acquire and own housing units that it would then either lease to the non-profit a minimal cost or in which the CRA could hire the non-profit to manage on its behalf. 4) Acquire and own land which it would lease to a non-profit to build upon for a minimal cost. 5) Create a Community Land Trust that would own the land upon which any such for -sale housing would be built. With such an entity, the land trust would continue to own the land that would then not be subject to property taxes. The building on the land would remain taxable however. To Assist Workforce or Lower Income Buyers the CRA could: 1) Provide down payment assistance. 2) Subsidize or guarantee interest on a mortgage. 3) Provide rehabilitation funds so a buyer could afford to purchase a unit with repair or upgrading needs. To Assist Workforce or Lower Income Renters the CRA could: 1) Provide rent subsidies for rental housing 2) Provide a grant or loan for first/last month's rent and security deposit. Other programs the CRA may wish to undertake is one to ensure that those of limited means can afford to stay in a home they already own. This could be in the form of: 4-32 Packet Pg. 161 2.5.a 1) Continuation of the CRA's Partnership with Miami -Dade Rehabilitation Assistance to help in repairing housing units for owners with limited income. 2) Creation of a CRA program to provide assistance to repair, maintain, and upgrade homes to maintain the livability of the housing unit. 3) Assistance for emergency repairs (i.e. roof, or plumbing emergencies) 4) Assistance for compliance with City code upon receipt of a notice/citation from the City. 5) Assistance to install energy efficiency upgrades that would reduce monthly and annual bills related to living in the home. In addition to these methods, the CRA should seek additional ways to reduce the cost of providing affordable housing. The CRA could find unique and creative ways to reduce cost of providing housing that may be applicable for all such projects or there may be specific costs associated with an individual project that the CRA could pay for, undertake, or otherwise find a way to reduce with the understanding that savings would be passed along to the resident and not added to the return on investment. The CRA should also look at other programs it might be able to develop to assist target income residents reduce costs to stay in and maintain their homes. Any such program that would provide reduced cost maintenance or service provision would help these residents and simultaneously, maintain the stock of affordable units in the district. KEYACTIVITIES FOR THE CRA TO UNDERTAKE: Q a) Increase the supply of affordable homes for lower income and workforce households ° d as a percentage of all units within the CRA. b) Support the City's Bonus Density program for projects containing affordable units for target households. c) U Devise and implement programs to assist housing providers in creating affordable E units for target households. E d) Consider the creation of a Community Land Trust to own land upon which affordable c units exist. M ti e) Partner with non-profit organizations to provide affordable units within the district. Q f) Create and implement programs to assist target income households purchase or rent s within their means. w g) Create and implement programs to assist target income households rehabilitate, M and/or maintain units they currently own. ti h) Seek new and creative ways to reduce the cost of providing affordable housing. ON -GOING PROJECTS: csi a) Acquisition and repair subsidy for rehabilitation of 16 Corners project a b) Repair subsidy for rehabilitation of Bullard Apartments c) Land acquisition and rent subsidies for new projects in Overtown d) Mortgage subsides for available TIF e) Land acquisition and mortgage subsidy for f) Continued partnership with Rebuilding Together to undertake home rehabilitation 4-33 Packet Pg. 162 2.5.a Adrienne Arsht Center for the Performing Arts The Adrienne Arsht Center for the Performing Arts have been important in establishing the Omni CRA as a destination. As the Miami Herald area and School Board properties area develop, it will be important to support these uses/users and to maintain certain components to these facilities and to enhance the area to ensure they remain a featured destination. Parking is a key component to these facilities. Existing parking lots in the area are either privately owned or property of the Florida Department of Transportation (FDOT). The development potential for these sites is high (and encouraged by this Plan) and thus they will not exist in perpetuity. Some part of the FDOT property will be utilized for 1-395 widening. A project that is scheduled to be completed in the Fall of 2023. In addition to use for the 1-395 widening, a large portion of the remaining FDOT land is anticipated to become a public park. The CRA should seek opportunities to add additional public parking in the area. This can be in the form of CRA or City purchased and/or constructed parking (either structured or on -street) or by working with adjacent land owners/developers to provide for public parking in their property or within their developments. Efforts should also be taken to ensure that streets and sidewalks leading from public parking, drop-off/pick- up sites, or mass transit facilities are safe with sufficient sidewalk size, condition, and visibility and crosswalks are safely designed for the level of pedestrian use and vehicular traffic. KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Increase public parking opportunities both on public and private land for these patrons of the Adrienne Arsht Center for the Performing Arts. b) Enhance safety along key pedestrian routes from parking areas and retail/restaurant areas within the Omni CRA Redevelopment Area to the Adrienne Arsht Performing Arts Center and Knight Concert Hall. ON -GOING PROJECTS: a) Locating and providing parking for the Adrienne Arsht Center for the Performing Arts. Annual funding of a portion of the Adrienne Arsht Center's debt and the CRA's annual funding of cultural facilities within the CRA (which includes funding to this facility as well as others in the CRA). 2 4-34 Packet Pg. 163 2.5.a Infrastructure While there is existing infrastructure within the Omni CRA Redevelopment Area, there will be a need overtime to increase capacity, modernize, and relocate utilities. The CRA should continuously review conditions of various forms of infrastructure within the district and coordinate with the responsible entities for each. This will allow the CRA to understand infrastructure issues within the area including any noted deficiencies, work programs, and timelines for upgrading or modernization. The CRA should participate or undertake infrastructure projects where such involvement will promote desired development quicker or more efficiently than would otherwise be undertaken by regularly responsible entities. Roads and Streetscapes One of the most important components of redevelopment is upgrades to area aesthetics and functionality. The appearance of an area, and the condition of roads, sidewalks, and other amenities within the public rights -of -way are key to quality of life. Increased quality of life drives area desirability and thus increases private sector investment. Roads and streetscapes are key to the public sector investment in the Omni CRA Redevelopment Area. Several key projects have been undertaken to date including projects on 14t" Street, Bayshore Drive, and NE 2nd Avenue. Projects similar to these should be undertaken throughout the CRA. These projects should be designed to make more efficient use of the rights -of -way, add components that cater more to pedestrians and bicycles than cars, and provide for activation of sidewalks. A package of improvements that would implement a "complete streets" design within the Omni CRA Redevelopment Area should be considered for any roadway/streetscape improvement project. In addition to enhanced streetscapes, it is imperative to keep roadways and sidewalks maintained 0 in a clean and safe condition. Exhibit 3-1 was developed from information gathered in the = preparation of the Assessment of Need prepared in 2018 as part of the Omni CRA's request for an p extension of time. This map shows areas deficient in one or more of the elements of a standard c roadway. These deficiencies do not include any enhancements but instead identify facilities with baseline issues such as potholes, raised sidewalks, broken curbing, and broken or missing lighting. While this map is not intended to limit work to be done to these areas, it is indicative of issues Q within the CRA district. As these facilities also have a limited lifespan, the CRA should regularly s monitor them and work with the City, County, or State to repair them, or work with these entities x w to rehabilitate or rebuild them. o M Efforts should also be made through roadway projects to enhance circulation through the district ~ in order to keep vehicles moving and ensure the safest, most efficient, and quickest routes to any = m destination within the district. To this end, the CRA should continuously review street design to s ensure that bicycles, pedestrians and vehicles do not negatively interact in any area, that on -street 0 parking is safe and does not impede traffic, that traffic calming methods and devices are utilized to a reduce accident points. In addition, the CRA should also consider the continued change of one-way streets in the district to two-way streets where such a change would enhance circulation and improve visibility for businesses along any such street. 4-35 Packet Pg. 164 2'.5a Roads/Sidewalks Roads and sidewalks should be upgraded and modernized to provide a minimum standard which includes, but is not limited to: 1) Smooth, stable ride on a road surface with no major potholes, cracking, depressions, or standing water for extended periods. 2) Sidewalks that are not lifting, buckled, or cracked and which meet all requirements of the Americans with Disabilities Act. 3) Where appropriate, Curbs that are not cracked, lifting, or of insufficient height to convey stormwater efficiently or prevent vehicles from encroaching on swales. Lighting that is sufficient to illuminate the entire roadway and sidewalk area so as to provide visibility and safety to users of the roadway/sidewalk. Streetscapes Streetscape projects should be undertaken throughout the district in order to give a sense of neighborhood and safety as well as to enhance overall aesthetics. On streets with commercial, mixed -use, and/or high density residential uses or future uses and where the street is activated or to be activated, streetscapes should be designed to enhance the area, allow for use of sidewalks for restaurant/cafe seating or other appropriate use, and to establish an area wide theme. Streetscapes should include one or more "complete street" elements such as, but not limited to: 1) Trees 2) Bicycle lanes within street corridors 3) *Furniture — benches, trash receptacles, planters, etc. 4) Bus shelters and benches 5) *Ride share and mass transit drop-off/pull-outs 6) *Wayfinding signage (both pedestrian and vehicular level) 7) *Informational kiosks 8) Pedestrian -level street lighting 9) *Decorative street lighting 10) Wide, pedestrian -friendly sidewalks 11) Crosswalks differentiated through the use of alternative materials (i.e. stamped asphalt/concrete, colored concrete, brick pavers) Other such elements within the public space *Lower density residential or industrial areas not on major corridors nor intended for dense urban - styled development do not need to include these elements. Transitions between different areas of the CRA such as between the Media/Entertainment district and the Bayfront can be accomplished through subtle changes in overall streetscape elements. These changes can be in the form of species of tree, style changes in street furniture, or style or height of street lights. ,_q 4-36 Packet Pg. 165 2'.Sa The CRA should prioritize projects by Streets and/or street segments where investment has the highest potential to increase private sector investment, activate the street into a lively business destination, or provide safe avenues of travel from one area of the district to destination uses within the district. This isn't to say priority projects will be undertaken first. The CRA will have to weight a project's priority with budgetary constraints and efficiencies when it is possible to collaborate on a project with another entity that may have a need to install utilities in that right- of-way or may be undertaken a widening or upgrading project themselves as the owner of the roadway/right-of-way. Expanding another entities project to include CRA desired work (at the CRA's expense) is often a cost-effective method and also may prevent roads and sidewalks from being closed and under construction for each individual project. Water and Sewer The Miami -Dade Water and Sewer Department (WASD) serves the Omni area with water and sewer utilities. The entire of the Omni area has water and sewer availability through WASD and the provision of such services are not anticipated to impede any redevelopment projects in the CRA. This is not to say that there will not be a need to modernize and harden facilities to ensure continued service. Water and sewer services have been provided throughout the County for quite some time and it is not unusual to find water and wastewater lines that exceed 50 years of age which is generally considered to be the average lifespan of such lines. Lift stations and pump stations can also become problematic over time leading to unreliability in service. This unreliability comes from both aging and, as has been experienced more recently, a heightened threat of the loss of power due to natural disasters. Many utilities have begun to expand the number of such facilities with automatic generators to ensure continued service through such events. While provision of these services is generally paid for by user fees and outside grants, the CRA should work with WASD to modernize these utilities during any major streetscape or roadway c� rehabilitation in which the roadway surface is disturbed. This will ensure that newly reconstructed r_ roadways are not disturbed by water or wastewater main breaks and that residents and businesses p are not inconvenienced by such occurrences. The CRA should also work with WASD to increase c capacity, if a future need is established, when replacing water and wastewater facilities during a road/streetscape project and assist in hardening lift and pump stations. ti a The CRA may have to fund such projects that may be outside the normal and/or anticipated timeline for WASD. In all such cases, the CRA should seek to lend funds to WASD until such time as the project would have otherwise be undertaken. This can be in the form of cash, in -kind services w (where installation is part of a larger CRA or City project), or the CRA can structure a program with M WASD that allows it credits for work done. In the instance of a credit program, WASD could provide credits to the CRA equal to the value, or some portion thereof, of work undertaken. The CRA could then either sell these credits or grant them to developers to offset the cost of water/wastewater E connection and/or impact fees. However, if such a repayment is not appropriate for an individual s project, the CRA may have to provide for the cost to ensure quality facilities within the district. a 4-37 Packet Pg. 166 2.5a Stormwater Drainage Many parts of the Omni CRA Redevelopment Area, as they exist today, were constructed at a time when development was much less dense. Historically, stormwater was not a significant issue as there was an abundance of undeveloped land onto which water could flow and percolate into the ground. Additionally, few, if any environmental regulations were in place that required any storage and/or filtration of stormwater. In addition, the South Florida region is now dealing with sea level rise that will reduce capacity of existing stormwater facilities (due to higher groundwater levels) while requiring more capacity. The CRA should work with the City of Miami to keep close watch on areas of concern and ensure that existing stormwater facilities continue to operate as designed. The CRA should be ready to participate in programs to expand stormwater drainage systems where capacity is not being maintained and where anticipated need requires increased capacity. While this is generally the responsibility of the City's Stormwater Utility, it is critical that the CRA key a watchful eye on this infrastructure as having flooding issues can lead to a decrease in investment in the area. This is an area that has seen increased level of funding and thus the CRA/City should monitor State and Federal notices for potential grant opportunities. Other Overhead Utilities Electric, telephone and cable utilities are generally provided via overhead transmission lines through the Omni CRA Redevelopment Area. The CRA should make effort to ensure that with new projects such utilities are placed underground. This is both for aesthetic and storm hardening reasons. Such projects can be costly, however, utilities such as Florida Power and Light have recently v enacted policies in which they utility will bear a larger portion of the overall cost of undergrounding their lines. This shift was due to findings that neighborhoods with underground electric were less E likely to experience power outages from hurricanes over the last few years and where power outages existed, they affected fewer customers. The CRA should consider such projects throughout M the district and should evaluate the potential costs and benefits to undergrounding of these utilities ti when undertaking any roadway or streetscaping construction project. Q s X w 0 ti M ti 4-38 Packet Pg. 167 2.5.a Transportation Network and Strategic Miami Area Rapid Transit (SMART) Plan There are other key gaps in the a M°I,°m°e,wl,hsla„w= -Pr,° ,111,1 mve 1...... transportation network that the CRA -�Melr°rall wllh 5[.ni°ns I emmai :n<av°n OTC should consider completing such as a ��,,,„. roadway crossing of the FEC railroad °F — �` ja j s. tracks at NW 17t" Street. In addition, 4 I _ _ if assistance is needed in implementing or upgrading mass transit opportunities outlined in the Strategic Miami Area Rapid Transit •�x Beach •• - ' iJ (SMART) Plan the CRA should consider and possible participate in FL[i . its implementation (of particular„ J importance to the area would be the i Exhibit 4-3 Beach Corridor Proposed Alignments potential funding of a portion of the Beach Corridor connecting the Omni CRA Redevelopment Area to the barrier island, and north to Wynwood and Midtown). Mass transit will be a vital transportation link in Omni as the population grows and the area transforms into a more densely population urban environment. Movement of people with such facilities will limit congestion on the roadway network and reduce commuting times. KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Ensure that all streets and sidewalks are free of deficiencies that impair their appearance and function. b) Construct pedestrian -friendly streetscapes throughout the CRA. U c) Construct streetscapes in commercial, mixed -use, and high -density residential areas that E encourage activation. OE d) Work closely with Miami -Dade Water and Sewer Department to ensure modernization of water c and wastewater facilities within the CRA. M ti e) Work with Miami -Dade Water and Sewer Department to ensure sufficient water and wastewater Q capacity continues to exist for anticipated projects within the CRA. f) Work with the City of Miami Stormwater Utility to ensure sufficient capacity is available to convey w and store stormwater throughout the CRA for both existing and future needs. o M g) Evaluate the potential to underground utilities where they currently exist overhead and undertake such projects when found to be cost beneficial h) Evaluate the potential for all infrastructure when undertaking roadway reconstruction or s streetscapes, such as undergrounding utilities and upgrading and increasing capacity of existing underground facilities. a Plan and construct a crossing of the FEC railroad tracks at NW 171" Street. If appropriate, assist in the implementation of the SMART plan to reduce pressure on the transportation network and better serve those that live in Omni with a focus on the Beach Corridor line from the Omni area to the barrier island. 4-39 Packet Pg. 168 2.5.a ON -GOING PROJECTS: a) Roadway Conversions from one to two-way streets a. N. Miami Avenue b. NE 1"Avenue c. NE 2nd Avenue d. NE 171" Street b) Street Lighting upgrades — CRA-wide c) Water and wastewater replacement and upgrades Continued payment of CRA share of Port Tunnel debt service Parks and Greenspace The 2010 redevelopment plan states that because of the anticipated development of new residential units, it is imperative that additional greenspace be developed. As the potential for thousands of new residential units still exists in the Omni CRA Redevelopment Area, this is still true and will continue to be so into the future. Existing parks will need to be upgraded and new parks constructed to provide for the demand for outdoor open space for recreation, relaxation, and special events. Baywalk One of the most utilized public spaces in the CRA is the Baywalk. Running along the edge of the bay, this space is utilized by residents as a place to stroll, run and bike. The Baywalk is envisioned to run the entire length of the City's bayfront. Currently, the Baywalk does not extend through the Miami Herald Properties site and does not link with portions of the Baywalk south of 1-395 in Maurice A. Ferre Park. The CRA should work with the owners of the properties which the Baywalk does not traverse to ih ensure this segment is constructed. If development plans in this area turn out to be far into the ti future, the CRA should consider an agreement that would allow a basic, but safe, pathway through Q the property until construction commences. The CRA should also partner with any other property s owners to ensure expansion of any limited areas of the facility. w The CRA should investigate ways for the Baywalk to cross under I-395 to connect with portions on M the south side of the highway. It is critical that this link be established as the Baywalk will then become a true alternative transportation facility and will be utilized by pedestrians, bicyclists, and others to travel to and from downtown. E s The Baywalk facilities should also be properly maintained to ensure its continued use and expanded when the addition of new features may make it a more desirable amenity for casual users. a Maurice A. Ferre Park The City and CRA have been working for a number of years to implement a long range master plan forthis park. The 2010 plan recommends continued funding bythe CRAto implement the park plan and to provide annual support for capital program. The CRA should continue to follow this 4-40 Packet Pg. 169 2'.5a recommendation through its annual grant for cultural amenities in the CRA. This grant, currently at 35% of the CRA's annual increment revenue, makes funds available to the Adrienne Arsht Center, the museums at Maurice A. Ferre Park, and other such cultural facilities. While this park does have two museum buildings constructed on its 40+ acres, about half of the property is still open space that is very needed in the area. Other Area Parks and Greenspaces The CRA should look to fund upgrades to and encourage additional programing in other existing parks and green spaces in the district where such improvements will enhance the ability of residents and visitors to enjoy the outdoors and/or to undertake recreational activities. New equipment, upgraded landscaping, parking facilities, waterfountains, new and expanded walkways and upgraded or new athletic fields (where feasible) are an example of the types of upgrades that may be beneficial to these parks. Street Tree Improvements The CRA has produced an inventory of available tree planting spaces in the Omni neighborhood and some surrounding areas. Trees are a large economic benefit and planting trees in the neighborhoods improves quality of life, health, and economic vitality. The FEC Railway Deep Water Slip (FEC Slip) Exhibit 4-2 Available Street Tree Locations This area south of Maurice A. Ferre Park, which was once a deep -water slip, is currently underutilized. The CRA should work with the City to determine the slip's future and should participate in costs associated with filling in the slip and/or activating the area. The site should be considered for an expansion of Maurice A. Ferre Park though all opportunities for this area should be explored. Whateverthe final course, the CRA should be involved in activating this site and should continue to be involved in the discussions of what it should ultimately become. a New Parks and Greenspaces s X The need for open space will exceed the supply in existing parks and greenspaces therefore, the w 0 CRA should look for other opportunities to acquire land for small parks and open spaces. The M ti addition of pocket parks consisting of a small portion of land with limited furniture and landscaping; can be placed between large buildings or within an existing right-of-way to provide a green space for residents of the areas of Omni that are anticipated to contain large, multi -story, mixed -use and s residential projects. The CRA should also look at the possibility of acquiring strategically located M parcels large enough for uses such as basketball/tennis courts, playground equipment, picnic areas, a 4-41 Packet Pg. 170 2.5a KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Provide a continuous Baywalk through the Omni CRA area from Edgewater to Downtown b) Work with FDOT to ensure a high -quality, functional design and construction for the 1-395 "Underdeck" green space. c) Work with the City to determine the future of the FEC Slip and participate in activating this site. d) Upgrade and encourage more activation of existing parks within the CRA e) Upgrade and ensure maintenance of existing greenspaces within the CRA. f) Utilize existing City -owned land or acquire land to construct both new pocket parks and a larger more active park(s) Utilize small publicly owned spaces as greenspaces with limited benches and landscaping. ON -GOING PROJECTS: a) Baywalk construction and improvement where needed b) Improvements to Margaret Pace Park c) Improvements to Dorsey Park d) Improvements to Biscayne Park e) Land acquisition for new park(s) Miami Herald Properties Area Collectively these properties, comprise a key area with potential for a catalyst project(s). This area, which includes the highly visible waterfront property that once housed the Miami Herald's facilities and offices, should be developed into a signature mixed -use destination. This would provide a critical private sector anchor to attract people to the waterfront/performing arts center area and connect this area to the 14tn Street Media/Entertainment District. The owner at the time of the authoring of this Plan, Genting Group's Resorts World Miami has suggested the use of the site for a hotel/resort with residential and retail, but there no current movement towards Q development. If Genting or another company with international credentials were to develop the site as envisioned, it would help market the District, promote additional supporting development, and attract spending and employment to the area. w 0 Much like the School Board properties, the parcels in this area are prime for development. However, the properties in this area are almost exclusively in private hands with the exception of the Arsht Center, Knight; Concert Hall, Omni Bus Terminal and several lots adjacent to 1-395 which FDOT will utilize in the highway's widening project or which will become a park around and under the highway. The CRA will have to rely on City zoning regulations to ensure development that is compatible with the Omni CRA's vision. While the CRA cannot require a developer to exceed regulatory requirements, it should work with them to encourage a the provision of community benefits as outlined previously and should at minimum seek the following benefits for the public: 1) Affordable housing 2) Target percentage of local hires 3) Commitments of support for local community groups and initiatives 4-42 Packet Pg. 171 2.5a 4) Parking open to the public (particularly to support the Arsht and Knight venues) 5) Baywalk connection The Baywalk provides public access to the bay and is a vital pedestrian and recreational component of the waterfront in the Omni CRA Redevelopment Area. It is important that the CRA work with the owners of bay front properties in this area to ensure access for and construction of the Baywalk across these properties. This will allow for a flow across this section with the ability to continue through the district and link with that portion south of 1-395. Incentives such as reimbursements for all or some costs related to the desired benefit(s), the undertaking of a project in the public realm that would have otherwise been the responsibility of the developer, or some other mutually agreed upon method, can be utilized to encourage the afore mentioned benefits The CRA should monitor any development plans that are proposed and should work with any future developers in this area to ensure their projects seamlessly transition from the site across the Arsht Center and Knight Concert Hall and into the remainder of the district. It should also encourage any developer to provide affordable housing, local job opportunities, and other benefits to the community The CRA should look for opportunities to enhance the area that may present themselves and are beneficial to the community. Like the School Board properties, the CRA may need to invest in the public realm. If streets in this area remain public and improvements are not made a part of any development agreements/orders, the CRA should consider and possibly undertake improvements on publicly owned property such as those outlined in the previous subsection Public Improvements in Conjunction with Private Projects. The Agency should also seek to maintain the Miami -Dade Transit bus terminal in its current location or near to the current location to ensure transportation choice for all residents, employees, and visitors to the area. Maintenance of the terminal will also mitigate traffic and parking in the area as it transforms to a denser, urban destination. ►;r� i�r�►nrar►�,.rrir.►�y:��►rirr►�►.»ai�rr� a) Increase communication with private property owners/developers to convey the CRA vision and to assist in identifying potential issues as early in the development process as possible. b) Attract internationally recognized owner/developer to build a mixed -use product at the Miami Herald properties. c) Encourage the development of affordable housing within private projects d) Encourage developers and business owners to employ residents of the Omni area. e) Encourage developers/business owners to provide other community benefits to the Omni CRA Redevelopment Area f) Enhance the public realm surrounding private development in the area. g) Increase public parking within private developments in the area. h) Retain the Omni Bus Terminal within the immediate area. i) Provide for public access to the bay by continuation of the Baywalk through any new waterfront development 4-43 Packet Pg. 172 2'.5a Historic Preservation While the CRA is poised as a strong advocate for redevelopment of the Omni area through new projects and the modernization of existing properties, this should not be done at the expense of history. Too often older buildings are believed to be obsolete and are left to deteriorate or are demolished in the pursuit of the future. While Miami is a relatively young city, it has historic properties that should be preserved to connect us to the past and allow us to reminisce. There are currently nine historic properties within the Omni CRA; six properties that are listed on the National Register of Historic Places, two that are eligible but are not listed due to owner concerns at the time of nomination and two properties that have been declared historic by the City of Miami. These properties are: 1) The Miami Cemetery 2) Miami Fire Station #2 3) S & S Diner 4) Trinity Episcopal Church 5) The Miami Woman's Club 6) Sears Tower 7) Shrine Shops (eligible for National Register but not listed) 8) Dorsey Memorial Library (locally designated) 9) Citizen Bank Building (eligible for National Register) 10) Vera Building (locally designated) The CRA has been instrumental in preserving several of these structures with unique architectural characteristics that provide an important look back into Miami's past. The CRA should continue to advocate for and fund historic preservation projects and work to inform residents and visitors of these properties important link to Miami's past. Additionally, the CRA should work to identify any other structures/properties which may become eligible for historic designation in the future due to their age, architectural style, or other connection to Miami's past. The CRA should also endeavor to ensure that new construction/development in the area of these Q properties respects the unique character and the scale of these buildings and does not detract from their importance as community assets. x w KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Continue to advocate for and participate in the preservation of historic structures/properties in the ti CRA. _ m b) Communicate the importance of historic properties and their link to Miami's past. s c) Ensure through advocacy that new development/construction does not detract from historic a properties. d) Identify any additional properties/structures that may become eligible for historic designation ON -GOING PROJECTS: a) Preservation and rehabilitation of historic Citizen Bank Building b) Potential improvements to the Miami Cemetery 4-44 Packet Pg. 173 Economic Development/Small Business Programs One of the most important activities the CRA can undertake is to assist in the attraction of businesses and jobs to the district. In the redevelopment area, it will be critical for new restaurants, retail stores, and other service providers to be attracted to locate to the area. People want to move to or visit an area with a good business environment and in which they can buy desired items, find providers of personal services, and find good food and drink, unfortunately, these types of businesses are often the last entities to locate in a growing area as they require the consumer be in place so that they can have sufficient income to survive. Additionally, creating jobs gives established residents employment choices that may provide them increased income or reduced commutes to work. Creating jobs also gives new or potentially new residents the opportunity to live and work a short distance apart. The CRA can and should assist in business attraction and job creation. As mentioned, businesses need customers to survive. Given the growing nature of the redevelopment area, there is an increasing need for businesses to meet the growing demand, however, because of the area has not established itself as a solid consumer base, businesses are reluctant to be "pioneers" in the area. Even more restricting, the lack of consumer demand history makes financial institutions reluctant to lend to such entities. It can be difficult to find those pioneer businesses willing to take such a risk and for existing businesses to continue to operate in such an environment. To assist in these efforts, the CRA should continue to implement its business assistance programs and should look for opportunities to create new, effective programs designed to attract and retain businesses. The CRA has an excellent track record with its Business Incentive Grant Program which assists qualified business or property owners with building and property improvements that are directly related to opening of a new business, improving an existing business, remedying code violations, providing ADA access and eliminating blighting neighborhood conditions in the targeted areas of the Omni CRA. This program provides matching funds to make these improvements and can cause certain fees of the City to be waived. In addition, this program the CRA could look at additional creative methods to assist new and existing businesses. The following programs could be developed and implemented over time: 1) Creation of a designated CRA liaison who is available to assist businesses in the area when issues arise with governmental agencies such as City Code Compliance, Building or Zoning Departments, Police Department, or the Health Department. Additionally, the liaison could assist in resolving issues related to the public realm such as sidewalk or roadway issues, drainage problems, parking issues, or area safety concerns. 2) Relocation assistance — A program could be created to assist businesses that move into the Omni CRA from outside of the City (so as not to negatively impact other areas of the City) in paying for such relocation expenses. Such expenses could include some fixed amount or percentage of total cost for the moving of equipment and/or stock, the cost of re -printing business materials or advertising a new location. 3) The CRA could undertake or create a business group to undertake area shared marketing. Such an effort could place advertisements touting the district and multiple businesses within it. This would provide for more cost-effective marketing and would promote the district which would benefit all businesses in the district. This effort could also work with entities such as the Adrienne Arsht Center and area museums to run cross promotions. If successful, such an effort could grow into a business improvement district or a merchant association that could take over efforts as the business community grows. 2 4-45 Packet Pg. 174 2'.5a 4) A program to guarantee interest on a business loans could be developed. Such a program would guarantee a minimum percentage interest return on a loan to a new business or existing business for equipment or property improvements. This would reduce the cost of borrowing to the business and offer only minimal risk to the CRA as it would only be guaranteeing a percentage of interest payment on the loan. 5) Small business grants can be made available in small increments to assist more locally owned "mom and pop" type businesses with simple activities that might otherwise difficult for them to undertake such as expanding advertisement, creating a more effective social media and web -based presence, or to attend a business training seminar. 6) A retail advisor could be periodically be made available to businesses for consultation. Such individuals or firms visit business locations and make recommendations as to how better to display products for sale, or to create a welcoming storefront or interior environment. Such consultations can be made over a short visit to the business (an hour or so). 7) The CRA could provide customer service training for the employees of any business in the district that interact directly with customers. This could be the front desk person at an insurance office, retail sales clerks, or wait staff at a restaurant. Such training could assist business owners in providing better service 8) The Omni CRA should provide an ongoing annual contribution of $250,000 to The Miami Bayside Foundation for a Small Business Loan and/or Grant program for use to assist businesses within the CRA boundaries, and for the creation of a Scholarship Fund helping students of the district attend university, college, and technical college. The CRA should continue to seek new and innovative methods and programs to attract businesses to the district, assist them in increasing and maintaining their customer base, and to have the facilities and tools available to them to help them survive and thrive Job Creation Another aspect of economic development for the CRA is the creation of jobs within its boundaries. Some of this goes hand -in -hand with business assistance efforts. As long as there are businesses that are thriving, there will be new jobs created. The attraction of jobs serves several purposes. It provides additional customers for existing businesses and it can provide jobs and therefore income to residents of Omni which would allow them to not only continue to reside in the district, but could provide them jobs close to home which would reduce commuting. The CRA would most likely want to incentivize the creation of higher wage jobs, those paying more than an average wage for the area. The exception to this might be to subsidize the creation of lower wage, limited -time training positions, to assist district residents transitioning off public assistance, or to encourage businesses to expand their hours by hiring additional help. The CRA could develop a job creation incentive program that would grant funds for the creation of jobs at desired income levels. Such a program could reimburse a business a fixed amount or a percentage of salary for a period of time for each job created and filled for a year. The reimbursement could be at amounts that increase based on the job's salary. The benefit to such a design is that it incentivizes higher wages and does not have a cost if the job is not created or filled. This type of assistance could help in attracting better paying jobs to the area to complement lower wage service jobs. Again, the CRA should continue to seek other creative incentives to create and attract newjobs to the area. Any program that would offset the cost to a business of newly created jobs could incentivize a business to do so. 4-46 Packet Pg. 175 2.5.a KEYACTIVITIES FOR THE CRA TO UNDERTAKE: a) Increase the number of businesses within the CRA b) Assist new and existing businesses find ways to survive and thrive c) Incentivize the creation of businesses within the CRA. d) Incentivize job creation to create a larger consumer base. e) Incentive job creation to create employment opportunities for Omni residents. ON -GOING PROJECTS: a) Implementation of the Business Assistance program grants b) Assistance to the El Doris "Morgan's" jazz/speakeasy Quality of Life Projects/Programs By virtue of being an area declared to contain slum and/or blight, one can assume the district has a number of quality of life issues. In the Omni Redevelopment Area, these issues range from appearance of its streets and parks, homelessness, crime, limited opportunities and support for the area's lower income residents. To this end, the CRA must identify and address such quality of life issues that continue to exacerbate blighting conditions in the area. These issues tend to all affect the way people, both residents and visitor, interact with and react to the area. Some quality of life concerns have already been addressed in other parts of this section, therefore, many of those addressed here do not lay within the purview of any single topic area nor do they necessarily have any other relationship to one another. To identify quality of life issues, the CRA should consider undertaking a on ongoing survey of residents to determine issues of greatest concern. More established means of determining issues of concern will assist the CRA in prioritizing these issues and find ways to address them The CRA area experiences a higher level of calls for police than the remainder of the City. The CRA should work with the Police Department to address the nature of these calls and determine if there is some type of crime or topic of such calls that can be addressed by the CRA or other entity. Additionally, the CRA should continue its efforts to provide for community policing innovations and level of police involvement in Omni that exceeds the level for the remainder of the City. Involvement by the Police in district will help reduce crime and give residents and visitors a greater sense of security even if no such concern is warranted. Community policing assists not only in preventing and solving crime, but in enhancing the relationships between police and the community. Another issue of concern within the CRA is homelessness. Not only is homelessness an issue for those who experience it, but for the CRA the negative connotation of having a visible homeless population can reduce investment in the area and sour the experience of visitors, reducing the chance they will return. To address this, the CRA has and should continue to work with the Miami -Dade Homeless Trust and to fund initiatives to reduce homelessness in within its boundaries and to provide for shelter and other needs for those that are homeless and live on the streets within the redevelopment area. Besides eliminating the effects on the district, to undertake such programs is also the socially beneficial and correct thing to do. A program that both enhances the Neighborhoods and employs the homeless is the Purple Shirts Program. The CRA funds a program to pay the wages of workers and a manager from the Chapman Partnership Homeless Assistance Center. This group then assists in picking up litter, pressure washing graffiti and sidewalks, landscaping, and keeping up the public and green spaces in the Redevelopment area. This program should be retained and expanded due to its success. 4-47 Packet Pg. 176 2'.5a The need for social services within the district is also of high concern. Services provided by agencies such as mental health, financial assistance, and career training could reduce the high level of calls for police and for calls for fire and emergency medical services. However, a concern has been raised that social service delivery in the district is inefficient and uncoordinated. The CRA could provide a central location within its boundaries in which social service agencies could interact with the public in order to facilitate a more efficient and effective delivery of services. The CRA could schedule the various agencies to be on -site to meet with residents of area to answer questions address needs and concerns and could be responsible for informing the public of this availability. This would also foster a closer relationship between the CRA and the various providers. As the CRA seeks to revitalize the area, developing talent and opportunities for the underserved will contribute to the goal of elevating the quality of life for residents. The creation of scholarships and work study -programs could provide tuition assistance to resident students who major in fields of value to the CRA and the neighborhood. Internships with the CRA and/or business and non-profit partners would provide valuable work experience, and an immediate mechanism to give back to the community. Providing access to education to those financially incapable of securing the path to higher learning will yield the skills and opportunities that the community sorely needs. The levels of increased poverty in the CRA Redevelopment Areas and the aging infrastructure make hurricane season very hard on residents. Improvements to homes and businesses can easily be destroyed and high deductibles make recovery difficult. Power outages tend to last longer in certain CRA neighborhoods, making businesses at risk for burglaries and break-in. The Omni CRA should implement a residential disaster relief, and/or business interruption program to help small businesses and residents of the CRA. ON -GOING PROJECTS: a) Funding community policing within the CRA b) The Purple Shirts Program or other homeless assistance programs c) Grants to homeless organizations or other nonprofits d) Police innovation and enhancement program e) Land acquisition and rent or mortgage subsidies for new low-rise apartment, or single family/duplex projects in f) Land acquisition and rent or mortgage subsidies for new midrise projects g) Continued partnership with Rebuilding Together to undertake home rehabilitation h) Disaster relief for home- and business -owners 2 4-48 Packet Pg. 177 2'.5a Chapter 5 Implementation Plan Implementation Through the Financing Plan The Omni CRA has been in existence since the October 23, 1986 by the Dade County Commission's adoption of Resolution 86-868. A redevelopment plan was adopted in that same year and the CRA began to collect increment revenue and began its work program. Unfortunately, this plan did not lead to significant program implementation or change within the CRA. Thus, the City caused a new plan to be written in 2006 which was then amended in 2009 and 2010 to reflect a 200+ acre expansion of the CRA. This plan was adopted in 2010 and a more ambitious work plan was engaged as the CRA began implementation. While excellent progress has been made, financial obligations to two major projects, the Performing Arts Center and the Port of Miami Tunnel, have limited the CRA's ability to invest in a number of projects contemplated by the most recent plan. Due to this, the CRA recently obtained access to a $25 million loan through Bank United. This loan will assist in undertaking a number of projects, however, the debt service on this loan will add to CRA's limited amount of funds available for projects and programs for the short term under several anticipated projects are completed and added to the tax rolls. A focus of the CRA in the next few years will be the Miami -Dade School Board Properties, an initiative outlined in Section 4 Redevelopment Strategies. Should this strategy be successful and other planned developments come on-line as anticipated, a significant amount of new revenue will be generated to complete implementation of other initiatives in this redevelopment plan. In fact, if everything comes together, all of the initiatives anticipated by this plan update will be financially feasible during the extended lifetime of the CRA. The following section identifies the financing program for the projects and the implementation of the overall program. Assumptions Several assumptions must be made in order to make any meaningful projections. Trends in real estate, including historical values and increasing values of multi -family residential and mixed -use projects within the City of Miami and the entire South Florida Region were reviewed. Through this review, future conditions were also anticipated. This was used to formulate projections of future growth in values. The escalation rates used in this projection assume that a certain momentum will carry forward as the Omni area develops further and the CRA implements the projects and programs outlined in this plan update. An annual increase of 4% in Taxable Value is projected over the extended life of the CRA through 2047. While some years may see larger increases in Taxable Value and some will see smaller increases, it is believed that this flat 4% increase over time is appropriate. Value growth of both the original Omni Area and the 2009 Expansion Area are assumed to grow at the same rate. It is also assumed that projects that are in the approval process or under construction at the time of the preparation of this document will be completed with assumptions made about when these projects will reach substantial completion and be added to the tax rolls. Finally, millage rates are assumed to stay constant at FY 2018 levels of 4.6669 mills for Miami -Dade County and 7.5865 for the City of Miami (a total of 12.2534 mils). 5-49 Packet Pg. 178 2'.5a Revenue Projections The Omni Community Redevelopment Agency has two different areas for which its increment revenue is determined. The original area of the CRA, created in 1986 utilizes a 1986 base year taxable value, while the 2009 CRA expansion area utilizes the 2009 taxable value as its base year value. As the 4% growth factor is utilized for both areas, a single base year value was established and is used for making revenue projections. These two values are added to give a total base year taxable value of $246,898,822. The objective of the CRA is to promote a wide range of community improvements and redevelopment activities. The CRA provides a mechanism for capturing the tax increment generated by the increase in taxable values over the Base Years. The plan introduces a timeframe expansion of the CRA which will extend its lifetime to the maximum 60 years allowed by law from the 1986 initial year of the CRA. This will take the CRA to FY 2046-2047. Over the remaining 27-year life (including the current year) of the CRA, this stream of funds is a substantial amount. Table 5-1 summarizes the fund flows generated by the CRA from Tax Increment Financing (TIF) 5-50 Packet Pg. 179 2.5.a Table 5-1 TIF Projections 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Current Taxa ble Val ue $1,929,903,162 $2,007,099,288 $2,087,383,260 $2,170,878,590 $2,257,713,734 $2,389,022,283 $2,567,083,175 $2,983,766,502 $3,439,117,162 $3,727,181,848 $3,927,269,122 $4,135,359,887 $4,351,774,283 $4,576,845,254 $4,759,919,064 Growth4% $77,196,126 $80,283,972 $83,495,330 $86,835,144 $90,308,549 $95,560,891 $102,683,327 $119,350,660 $137,564,686 $149,087,274 $157,090,765 $165,414,395 $174,070,971 $183,073,810 $190,396,763 New Projects School Board 9.5 acres $51,000,000 $51,000,000 $51,000,000 $51,000,000 $51,000,000 $51,000,000 $51,000,000 School Board Parcel $17,000,000 $17,000,000 $17,000,000 $17,000,000 Herald Site $42,500,000 $42,500,000 Mara Wynwood $10,000,000 Bayview $40,000,000 $40,000,000 Citizen's Bank $8,000,000 Camas $65,500,000 $65,500,000 Melody $64,000,000 $54,000,000 150 HE 19th Parcel $64,000,000 $64,000,000 Phillis Wheatley $59,500,000 $59,500,000 $2,007,099,288 $2,087,383,260 $2,170,879,590 $2,257,713,734 $2,389,022,283 $2,567,083,175 $2,983,766,502 $2,439,117,162 $2,727,181,848 $2,927,269,122 $4,135,359,887 $4,351,774,283 $4,576,845,254 $4,759,919,064 $4,950,315,827 Base Year Taxable Value $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 Incremental Taxable Value $1,760,200,466 $1,840,484,438 $1,923,979,768 $2,010,814,912 $2,142,123,461 $2,320,184,353 $2,736,867,680 $3,192,218,340 $3,480,283,026 $3,680,370,300 $3,888,461,065 $4,104,875,461 $4,329,946,432 $4,513,020,242 $4,703,417,005 TIF Tax Rate 12.2534 Incremental Taxes $21,568,440 $22,552,192 $23,575,294 $24,639,319 $26,248,296 $28,430,147 $33,535,934 $39,115,528 $42,645,300 $45,097,049 $47,646,869 $50,298,681 $53,056,566 $55,299,842 $57,632,850 TIF Collected 95% $20,49Q018 $21,424,582 $22,396,529 $23,407,353 $24,935,881 $27,008,640 $31,859,138 $37,159,752 $40,513,035 $42,942,197 $45,264,525 $47,783,747 $50,403,737 $52,534,850 $54,751,207 Cumulative TlF 1 $21,424,5821 $43,821,1111 $67,228,4651 $92,164,3461 $119,172,9851 $151,032,1231 $188,191,875 $228,704,9101 $271,547,1071 $316,811,6321 $364,5PS,3791 $414,999,1161 $467,533,9671 $522,285,174 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2045 2047 Current Taxable Value $4,950,315,827 $5,148,328,460 $5,354,261,598 $5,568,432,062 $5,791,169,344 $6,022,816,118 $6,263,728,763 $6,514,277,913 $6,774,849,030 $7,045,842,991 $7,327,676,711 $7,620,783,779 $7,925,615,130 $8,242,639,736 $8,572,345,325 Growth4% $198,012,633 $205,933,138 $214,170,464 $222,737,282 $231,646,774 $240,912,645 $250,549,151 $260,571,117 $270,993,961 $281,833,720 $293,107,068 $304,831,351 $317,024,605 $329,705,589 $342,893,813 New Projects School Board 9.5 Acres School Board Parcel Herald Site Mara Wynwood Bayview Citizen's Bank Canvas Melody 150 HE 19th Parcel Phillis Wheatley $5,148,328,460 5,354,261,598 $5,568,432,062 $5,791,169,344 $6,022,816,118 $6,263,728,763 $6,514,277,913 6,774,849,030 7,045,842,991 $7,327,676,711 $7,620,783,779 $7,925,615,130 $8,242,639,736 $8,572,345,325 8,915,239,138 Base Year Taxable'/alue $246,898,822 246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 246,898,822 246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 $246,898,822 246,898,822 Incremental Taxable Value $4,901,429,6 $5,107,362,7 $5,321,533,2 $5,544,270,5 $5,775,917,2 $6,016,829,9 $6,267,379,0 $6,527,950,2 $6,798,944,1 $7,C80,777,8 $7,373,884,9 $7,678,716,3 $7,995,740,9 $8,325,446,5 $8,668,340,3 F Tax Rate 12.2534 Incremental Taxes $60,059,178 $62,582,559 $65,206,875 $67,936,164 $70,774,625 $73,726,624 $76,796,703 79,989,585 $83,310,182 $86,763,604 $90,355,162 $94,090,382 $97,975,012 $102,015,026 $106,216,641 TIF Collected 95% $57,056,219 $59,453,411 $11146,1311 $64,539,3561 $67,235,8941 $70,040,2931 $72,956,8681 $75,990,1061 $79,144,6731 $82,425,4241 $85,837,4041 $89,385,8631 $93,076,261 $96,-14,272 $10Q905,809 Cumulative TIF $524,59Q18 $584,043,61 $645,990,14 $710,529,50 $777,765,39 $847,805,69 $920,762,55 $996,752,66 $1,075,897, $1,158,322, $1,244,160, $1,333,546, $1,426,622, $1,523,536, $1,624,442,3 r+ A a E O 5-51 Packet Pg. 180 Funding Strategy Revenue projections from a steady source of funds such as a CRA tax increment can be used to finance a number of catalytic programs designed to trigger the redevelopment of the area. This is the essence of a redevelopment plan. Prior planning efforts, with community involvement, have yielded a lengthy list of program, projects, and improvements desired. The CRA revenue stream can be allocated to accomplish these projects in some order of priority. This section of the plan will present a financial model that summarizes the anticipated revenues and expenditures of the CRA. This model is intended as a planning tool, so that the programs, projects, and improvements can be matched against available funds. Later in the section, goals for major catalyst programs to be undertaken by the CRA will be outlined. m L The CRA funding model is presented in Table 5-2. It is essentially a budget that lists projected revenues and a expenses for each of the future 26 years of the CRA. Indeed, it is prudent practice to review these projections on a periodic basis, so that the assumptions in the model can be assessed against actual o experience. What follows is a brief explanation of the structure and assumptions of the model.; C Table 5-2 is organized to list fiscal years in adjacent columns across the top. The revenues and expenditures _0 are listed in the leftmost column, in typical budget form, with all revenues listed first, then all expenditures. C The primary source of revenue is, of course, the tax increment. As previously discussed, this begins as a a modest amount, but grows quickly in successive years as long as redevelopment and general economic = growth keep increasing the taxable value of the properties within the CRA. Other sources of funding, such E as grants from various state and federal agencies, can and should be pursued. c d It is important to note that this model shows a "pay as you go" program from FY 2018 forward. This is a m very conservative method of payment. The CRA could, once some of the newer projects come on-line, borrow against future revenues. A borrowing of this time could significantly increase the start time of many Q� infrastructure projects. This would allow the projects to be completed sooner, accelerating growth even U greater than the assumed 4% annual increase, however borrowing would have significant interest costs. In the future, the CRA may find that any interest rate may accelerate growth enough to easily cover the cost E of borrowing, making it a preferred financing option. An accelerated implementation could lead to surplus increment revenue that could be returned to the taxing authorities contributing to the CRA and, could M ultimately lead to early termination of tax increment payments to the CRA once any outstanding bonds are satisfied. Q s x w 0 ti M ti C d E S C� Q 5-52 Packet Pg. 181 2.5.a CRA Expenditures The financial projections discussed here allow the CRA to budget for anticipated expenses to achieve the goals of the community vision. Most of the bond proceeds will be directed to paying for capital improvements and land acquisition. In addition, the tax increment funds will provide a substantial cash flow for other programs and activities, as well as the administrative overhead needed to further the community's objectives. These programs and expenditures are discussed in more detail in Chapter I-4 of this report with targets and goals outlined later in this section. Identification of Catalyst Projects/Programs and Initial Goals This Plan provides for the creation of various different types of projects and programs to achieve the elimination of blight conditions within the CRA area. There are several key project/programs that have been specifically detailed in Section 4 of this report and which have been funded by the possible 26 year funding model shown in Table 5-1. The catalyst projects are those that should be pursued vigorously as they will make the greatest impact on Omni both in terms of taxable value and enhancement to the quality of life for the neighborhood's residents. The top catalyst projects /programs will be outlined below along with initial goals. This list is not presented in any particular order of importance or priority. NOTE: Goals outlined in this Section are more susceptible to market forces outside of the CRA's control (i.e. land prices, available TIF, buyer's tastes, growth in the surrounding areas). 1) The Miami -Dade School Board Properties — Work with the Miami -Dade School Board and City of Miami to develop several key parcels owned by the School Board. This project will include the relocation of School Board activities including the School Board Administrative offices, the iPrep School and the studios of WLRN public radio, and potentially a relocation or re -construction of Phillis Wheatley Elementary School. The land will be utilized to construct new residential and mixed -use projects that will include workforce housing and housing affordable for lower income households. GOALS: a) Development of all School Board Properties. b) Relocation of School Board activities within the Omni CRA. c) Formulation of a package of incentives to ensure developments with residential components include significant mixed -income housing units, where possible. d) Developments with ground floor commercial and other types of uses that activates the street. Developments that are pedestrian -friendly, reduce or eliminates the need for private automobiles due to proximity to mass transit/ride share facilities and availability of goods and services within a reasonable distance. 2) Miami Herald Properties — Work with private property owners to develop properties in this area into anchor uses including mixed -use, residential, hotel/resort and commercial. GOALS: a) Development of all available sites by 2025 b) Location of anchor facilities with internationally recognizable facilities that will attract visitors to the area. c) Continuation of the Baywalk through these properties to maintain public access to the waterfront. 5-53 Packet Pg. 182 2.5.a d) Completion of complimentary improvements to public space/rights-of-way in the immediate area. e) Inclusion of public parking within the private development. 3) Adrienne Arsht Center for the Performing Arts Parking — The CRA needs to ensure that these facilities have nearby available parking. As the School Board Properties are developed and as the Florida Department of Transportation constructs the 1-395 widening and the "Underdeck" park, spaces for patrons of events at the Adrienne Arsht and Knight facilities will dwindle. GOALS: a) Ensure any private parking facilities built in the area include parking open to the public. b) Locate appropriate structured parking in the immediate area that can be shared with other facilities, including Miami -Dade County School Board. c) Enter into shared parking agreements with any private parking facilities in the area whose prime users utilize the facilities during hours when performances at the Adrienne Arsht and Knight facilities are not common. 4) Infrastructure — This category includes the construction/reconstruction, rehabilitation, location, or upgrading of several types if infrastructure. This includes, but is not limited to facilities for: Streetscapes, roadways, curbs, sidewalks, stormwater drainage, water, wastewater, cable, electric transmission, voice and data transmission as well as the transportation network and mass transit facilities. It recognizes that as development occurs, there will be a greater stress on these facilities, increase the need for these facilities and thus require additional capacity, and these facilities will need greater protection (hardening) to ensure they continue to function after disaster or other disruptive events. GOALS a) Undertake a full infrastructure studies to determine all needs and estimated costs related to infrastructure and prioritization by project within each type. b) Complete rehabilitation to all deficient streets, sidewalks, curbs, and lighting c) Complete rehabilitation to all deficient water/wastewater facilities d) Complete streetscape installation to enhance quality of life by providing, pedestrian -friendly amenities throughout Omni as well as shade and lighting. e) Complete a CRA-wide stormwater system that conveys/retains stormwater and prevents regular flooding due to rain events and sea -level rise. f) Underground overhead utilities to harden the CRA area against storms and other events. g) Assist, where necessary, in the implementation of the Strategic Miami Area Rapid Transit (SMART) Plan. 5-54 Packet Pg. 183 2.5.a 5) Parks and Greenspaces — With the significant increase is visitors and residents anticipated in the Omni area, the limited system of parks and greenspaces within the area will be insufficient to serve the population. Existing parks such as Biscayne Park and Margaret Pace Park are in need of rehabilitation and expansion where possible and Maurice A. Ferre Park is not yet fully built -out. The CRA may have to contribute to ensure a quality "Underdeck" open space that is a part of FDOT's 1-395 project. There will be a significant need for new parks and the CRA may need to acquire land and construct new facilities, particularly smaller pocket parks or limited, passive greenspaces. GOALS: a) Upgrade existing park facilities to accommodate use and additional activation for increased population b) Ensure the City in fully develops Maurice A. Ferre Park as per its master plan/vision c) Ensure the "Underdeck" open space is designed and constructed in a manner that is acceptable to the community and such that its maintenance is sustainable. d) Acquire land through donation or purchase for, and construct new parks and greenspaces throughout the CRA district. 6) Housing Affordability —The CRA should fund established and creative new ways to increase the stock of workforce and lower income affordable housing within the district GOALS: a) Create project -specific developer incentives to ensure that new or significantly redeveloped o residential projects in the CRA contain a sufficient amount of units that are affordable to the > target populations d b) Work with local non-profit housing providers to build new units or rehabilitate existing units Q for occupancy by the target populations av c) Continue and expand programs to assist individual, target population, home owners with E rehabilitation/emergency repairs to their homes to ensure they can remain in the homes and O that an affordable housing stock is maintained. o M d) Create mortgage subsidy and/or down payment assistance programs to help the target population purchase homes. Q s x w 0 ti M ti C d E S C� Q 5-55 Packet Pg. 184 2.5.a Table 5-2- Funding Model - - ---------- ---------- h lincrentent Revenues from City Tota I Increment Revenues Available ---------- Total Operating Expenses C. Debt Service and L.ngTerm Obligations 2. MAX Miami Agreement -®®®® 1 Total Debt& Long -Term Obligations 1. School Board Properties 2. Miami Herald Area Properties 7.HousingAffordability Programs a Business linnifirovement/lobCiratlon Grants fLifelirnprovements Total Increment Reve rueAvallable ... Total Prolect/Progra Expenditures -� SurplusFunds I+ c O 5-56 Packet Pg. 185 2.5.a Table 5-2 continued Is Increment Revenues from City Total Operating Expenses C. DelatServi,eand L.ngTarm Obligations Total Debt& Long -Term Obligations Expenditures ;;t.11.N;n,Pr.jectjPro;r,a.'m. R Infrastructure Improvements Are, Pr,perlle, ,"Harald! ®� ®®®®®®®®®® ----®® 7.HousingAffordability Programs ®® a Business Improvement/lobC—tIon Grants Total Increment Reve rueAvallable - jtaIOp;r,tmg1,;;R,e, Total Prolect/Progra Expenditures SurpluslFunds E a 0 L d c c ca c a c m E a 0 W m a� Q I+ c O 5-57 Packet Pg. 186 2.5.a Table 5-2 continued SUMMARY 2038 2039 2040 2041. 2042 2043 2044 2045 2046 2047 A. Revenues 1, Increment Reven uesl a. Increment Revenues from County $ 26,675,946 $ 27,786,770 $ 28,942,026 $ 30,143,493 $ 31,393,018 $ 32,692,525 $ 34,D44,011 $ 35,449,557 $ 36,911,325 $381431,564 b. Increment Revenues from City $ 43,364,346 $ 45,170,098 $ 47,D48,080 $ 49,001,180 $ 51,032,405 $ 53,144,979 $ 55,341,952 $ 57,626,704 $ 60,002,950 $62,474,245 Total Increment Revenues Available $ 70,040,293 $ 72,956,868 $ 75,990,106 $ 79,144,673 $ 82,425,424 $ 85,837,404 $ 89,385,863 $ 93,076,261 $ 96,914,275 $ 100,905,809 B. Expenses 1. Administrative Expenses $ 3,D32,340 $ 3,183,957 $ 3,343,155 $ 3,510,313 $ 3,685,829 $ 2,170,111 $ 4,063,626 $ 4,266,807 $ 4,480,148 $ 4,704,155 2. Contractural and Professional Services $ 2,779, 645 $ 2,918,627 $ 3, 064,559 $ 3,217,787 $ 3,378, 67, $ 3, 547,61D $ 3,724,99D $ 3,911,240 $ 4,106,802 $ 4,312,142 Total Operating Expenses $ 5,811,985 $ 6,102,585 $ 6,407,714 $ 6,728,100 $ 7,064,505 $ 7,417,730 $ 7,788,616 $ 8,178,047 $ 8,586,950 $ 9,016,297 C. Debt Service and LongTerm Obligations 1. Port of M iami Tunnel Grant to City 2. MAX Miami Agreement 3. PAC Interlocal Payment to County 4.35% Global Agreement Payment $ 24,514,102 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,D00,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 5. Global Agreement Payment for Museum Park 6. 2018 Tax Increment Revenue Notes Total Debt & Long -Term Obligations Total Non-Project/Program Expenditures $ 24,514,102 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,000,000 Availablefor Projects/Programs $ 30,326,088 $ 31,102,585 $ 31,407,714 $ 31,728,100 $ 32,064,505 $ 32,417,730 $ 32,788,616 $ 33,178,047 $ 33,586,950 $ 34,016,297 Availablefor Projects/Programs (Revenues -Operating Expenses-DebtService)4 $ 39,714,205 $ 41,854,283 $ 44,582,392 $ 47,416,574 $ 50,360,919 $ 53,419,674 $ 56,597,247 $ 59,898,214 $ 63,327,325 $ 66,889,512 D. Project/Program Expenditures 1. School Board Properties a. Affordable Housing b. Infrastructure Improvements 2. Miami Herald Area Properties a. Public Improvements 3. Perform Ing Arts Center 4. I-395"U nderdeck"Park a. Contribution/Maintenance $ 1,979,932 $ 2,D78,928 $ 2,182,875 $ 2,292,018 $ 2,406,619 $ 2,526,950 $ 2,653,298 $ 2,785,963 $ 2,925,261 $ 3,071,524 S.Infrastructurelmprovements $ a. Streetscapes $ 2,DDD,000 $ 2,450,000 $ 3,000,000 $ 3,000,000 $ 3,OOC,000 $ 3,D32,996 $ 3,DOO,OOD $ 3,000,000 $ 3,000,000 $ 3,000,000 b.Road/Curb/Sidewalk Rehabilitation $ 1,5DD,000 $ 2,000,000 $ 2,000,000 $ 2,986,749 $ 3,OOC,000 $ 2,5DD,OOD $ 3,DDO,OOD $ 3,000,000 $ 3,000,000 $ 3,000,000 c. Streetlights $ 300,OOO $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,DDO $ 300,000 $ 205,193 $ 205,193 $ 205,193 d.Water/sewer $ 500,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,DDD,OUD $ 1,0OO,OOD $ 1,000,000 $ 1,000,000 $ 1,000,000 e. Stormwater Drainage $ 2,DDD,000 $ 3,000,000 $ 3,000,000 $ 3,000,000 $ 3,000,000 $ 3,DDD,OOD $ 3,000,o00 $ 3,675,808 $ 3,675,808 $ 3,675,808 ,.Utility U nd ergrounding $ 1,5DD,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,000,000 $ 292,666 ,.SMARTPlan&Transportation Net T.vork Assistance $ 4,4D5,313 $ 3,433,079 $ 3,899,509 $ 4,483,779 $ 6,598,016 $ 9,458,251 $ 11,030,221 $ 11,149,434 $ 11,149,434 $ 11,149,434 6.Park&Greenspace Improvement/Maintenance $ 609,505 $ 639,980 $ 671,979 $ 705,578 $ 740,857 $ 777,900 $ 816,795 $ 857,634 $ 900,516 $ 945,542 7.1-lousing Affordability Programs $ 21,D12,088 $ 21,887,060 $ 22,797,032 $ 23,743,402 $ 24,727,627 $ 25,751,221 $ 26,815,759 $ 27,922,878 $ 29,074,283 $ 30,271,743 8. Economic Development/BusinessAssistance a. Business Improvement/Job Creation Grants S 500,000 $ 500,000 S 500,000 S 500,000 S 500,000 S 500,000 $ 500,000 S 500,000 S 500,000 S 500,000 9. Quality of Life Improvements a. Corn m un lty Policing/Pu b lic Safety $ 942,825 $ 999,966 $ 1,039,464 $ 1,091,437 $ 1,146,009 $ 1,203,310 $ 1,263,475 $ 1,326,649 $ 1,392,981 $ 1, 462,630 b. Social Service Delivery Improvements $ 72,199 $ 75,809 $ 79,599 $ 83,579 $ 87,758 $ 92,146 $ 96,753 $ 161,591 $ 106,670 $ 112,004 d. CRA Scholarship Program $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 c. Purple5hirts Program $ 346,488 $ 363,812 $ 382,003 $ 401,103 $ 421,158 $ 442,216 $ 464,327 $ 487,543 $ 511,921 $ 537,517 d. Homeless Programs $ 1,795,856 $ 1,885,649 $ 1,979,932 $ 2,078,928 $ 2,182,875 $ 2,292,018 $ 2,406,619 $ 2,526,950 $ 2,653,298 $ 2,785,963 Total Project/Program Expenditures $ 39,714,205 $ 41,854,283 $ 44,582,392 $ 47,416,574 $ 50,360,919 $ 53,419,674 $ 56,597,247 $ 58,789,643 $ 60,345,364 $ 61,967,357 Total Increment Reve rue Available $ 70,D4D,293 $ 72,956,868 $ 75,990,106 $ 79,144,673 $ 92,425,424 $ 85,837,404 $ 89,385,863 $ 93,076,261 $ 96,914,275 $ 100,905,809 Total Operating Expenses $ 5,911,985 $ 6,102,585 $ 6,407,714 $ 6,728,100 $ 7,064,505 $ 7,417,730 $ 7,788,616 $ 8,178,047 $ 8,586,950 $ 9,016,297 Total Debt Service/Obligations $ 24,514,102 $ 25,000,OOO $ 25,000,000 $ 25,000,000 $ 25,000,000 $ 25,DDO,OOD $ 25,000,OOD $ 25,000,000 $ 25,000,000 $ 25,000,000 Total Project/Program Expenditures $ 39,714,205 $ 41,854,283 $ 44,582,392 $ 47,416,574 $ 50,360,919 $ 53,419,674 $ 56,597,247 $ 58,789,643 $ 60,345,364 $ 61,967,357 Surplus Funds $ 0 $ (0) $ (0) $ (0) $ (0) $ 0 $ 0 $ 1,108,571 $ 2,981,961 $ 41922,155 d E d L Q <.i O L d rt+ C C a i E Q O W NN� L7� NQN L7� r+ a E O 5-58 Packet Pg. 187 2'.5a Chapter 6 Exit Strategy When is Redevelopment Complete? One of the most difficult concepts in the implementation of a Community Redevelopment Agency is to gauge when redevelopment is completed. This is because redevelopment is never actually "complete." The Community Redevelopment Agency or any other entity can always find more projects and/or more programs to fund to make an area better. However, CRA's have finite lives and a time does need to exist when the regular stream of revenues reverts back to the City of Miami to carry out the full breath of its mission as well as to Miami -Dade County to provide the services for which it is responsible. It is the intent of this section to modify the question of "When is redevelopment complete?" to "when has the Community Redevelopment Agency completed its assigned task?" When has the Community Redevelopment Agency Completed its Assigned Task? This Community Redevelopment Plan Update outlines the work plan for the Omni Community Redevelopment Agency. Many projects and programs are contained within this Plan. The completion of the Community Redevelopment Agency's work and the subsequent end or "sunset" of the District will either be based on the reaching of the additional 15 years (until 2047) it may be allowed to continue to operate or the completion of all anticipated projects and substantial advancement of goals and objectives of the described programs and the repayment of any and all debt. Once all of the following questions can be answered affirmatively, the Omni CRA Redevelopment Area should be closed down and the Omni Redevelopment Trust Fund should cease to exist. Have the projects outlined and/or contemplated by the Community Redevelopment Plan been substantially completed and paid for including related debt (except for on -going maintenance of the projects) as outlined in the Plan or any appropriate Five -Year Action Plan? 2. Have the programs outlined and/or contemplated by this Community Redevelopment Plan been implemented and have they substantially impacted the community and/or met their stated goals? Has all debt from the implementation of projects and programs been retired? Any review of these questions should also include whether there are other sources of funds available to the CRA, County or other agency or group to complete any outstanding projects or programs of the CRA. If these outside sources are sufficient, consideration should be given to early termination of tax increment payments and the cessation of the CRA. Five Year Plan Review as a Method of Mitigating Changes in Local Conditions and the CRA's Success. While answers in the affirmative to the questions in Subsection B (above) should trigger the completion of CRA's efforts, it recommended that the CRA not rely on the original list of projects outlined in this Plan as a final and absolute list, but instead, utilize these projects as a "living document" that will be the subject of a review and update every five years (or other times when conditions warrant). As part of the five-year update, a Review and Future Action Plan should also be prepared. The Review portion should include a progress report that indicates the success of the CRA in attaining its stated goals 6-59 Packet Pg. 188 2.5.a given market and other outside forces (i.e. changes to land prices, interest rates, construction costs, other growth in the area, state of the retail, office and industrial sectors, etc.) influencing the CRA during that five year period. Programs and projects should be reviewed to determine their continued viability and cost effectiveness in addressing the needs of the community. Each Five -Year Action Plan should set new goals and task completion indicators which take into account changes in outside forces. Each new Action Plan should also contain revisions to the TIF projections based on actual changes to taxable values of property in the area during the previous five years and what can reasonably be expected to happen to them in the ensuing five years. The Five -Year Review and Action Plan shall also be the document utilized for the formulation and inclusion into the Plan (by the appropriate amendment procedures as outlined in F.S. Chapter 163 Part III and as required by Miami -Dade County) of new projects and programs that will address the new conditions or contemplated conditions and the basis for removal from the Plan of projects/programs that are no longer necessary, are outdated, or those no longer in the best interests of the community. If no new programs are contemplated or warranted, there shall be no need for an update of the Plan. Upon completion of the Five -Year Review and Action Plan, it is determined that the projects and programs have meet the criteria for completion of the CRA's assigned tasks or that (as outlined above) there exists other sources of funds for outstanding projects, then the review should conclude that the CRA has been successful and the Omni CRA Redevelopment Area should be dissolved. The review should analyze the potential for the CRA to complete its tasks given performance over the past five-year period (and prior five- year periods). If it is determined that the CRA will be unable to substantially affect conditions in the Omni Area, then the review should conclude that the CRA is not an effective method for redevelopment of the neighborhood and the Omni CRA Redevelopment Area should be dissolved. The five-year evaluation shall in no way however, inhibit or prevent the Omni Community Redevelopment Plan from being amended or new programs or projects from being created and implemented at any other time as long as such plan amendments or new project/programs are in conformance with any interlocal agreements, FS. Chapter 163 Part III, and Miami -Dade County regulations. Termination of Tax Increment Payments This program requires a regular review of the progress of the CRA and the completion of projects and programs. In the later years, the CRA may find that most of its contemplated projects/programs have been completed. While some tax increment would still be needed to fund a few on -going projects/programs, the majority of the tax increment may not be required. Such later -year reviews should be focused on determining if the minimal programs or projects still in need of funding are necessary to be completed by the CRA or if the City or other entity might have other potential sources of funding to complete them. Upon completion of this review, a determination could be made as to whether to continue tax increment collections at full levels, reduce the percentage of the tax increment collected, or whether the goals and objectives of the CRA have been met and it is time to sunset the District. 0 Packet Pg. 189 2.5.a Chapter 7 Neighborhood Impact Statement RELOCATION It is the goal and intent of the CRA to retain, improve and increase the housing stock within the Omni Redevelopment area. Therefore, the Plan Update does not propose any specific project which would result in the acquisition or demolition of existing residential structures nor the relocation of current residents of the area. Any future project supported by the CRA and its financing mechanisms which requires the involuntary displacement of any resident, shall be accompanied by a Project Relocation Plan in accordance with Chapter 163, Florida Statutes, or other applicable regulations. The Project Relocation Plan must be approved by the CRA Board in a publicly noticed CRA Board meeting prior to receiving final approvals. If any future projects were to require relocation and CRA funding were to be "partnered" with Federal funds, the Omni CRA shall make it a condition of its participation that all provisions of the Uniform Relocation Assistance Act are met. This will assure that displaced residents will have access to safe, sanitary and decent replacement housing. TRAFFIC CIRCULATION The street system within the study area consists of arterials, collectors and local roads that provide access and circulation within the Omni area. The main arterial is Biscayne Boulevard which provides north/south access. Access to and from the Omni area to other parts of the city is severely restricted by the 1-395 elevated expressway on the south limit of the study area and the Florida East Coast (FEC) railway on the west side. This Redevelopment Plan update proposes the elimination of deficiencies within the transportation Ix network (see maps in Chapter 1-3 for overview of deficiency locations). These deficiencies include: U 1. Poor street asphalt conditions E E 2. Broken or missing curbing 0 3. Poorly maintained or missing sidewalks M ti 4. Poor or nonexistant lighting Q Repair of these deficiencies should enhance the transportation network for vehicles, bicycles, and pedestrians. s x w The plan also advocates for the following continued projects: o M Roadway Conversions from one to two-way streets 1. N. Miami Avenue E 2. NE 15YAvenue 3. NE 2nd Avenue Q 4. 171" Street FEC railway crossing The purpose of these projects is all to enhance the connectivity of traffic and reduce high speeds through the area. 7-61 Packet Pg. 190 2'.5a This update also includes description of streetscaping to be undertaken CRA-wide. These projects are to be undertaken either as stand-alone projects or in -conjunction with large private projects to help mitigate appearances and traffic flow in the CRA. Such projects, as outlined in Chapter 1-4, include providing public amenities designed to help pedestrian accessibility and flow so as to encourage walking or bicycling rather than motor vehicle use. These items include, but are not limited to: 1. Public parking 2. On -street parking 3. Wide sidewalks 4. Bicycle lanes Traffic calming devices In addition, items are also designed to enhance the flow of motor vehicle traffic though the siting of parking and pull-outs for buses and ride -share vehicles, so traffic is not impeded. An opportunity to support the County's Strategic Miami Area Rapid Transit (SMART) Plan is also contained within the update. The SMART Plan contains a number of methods for enhancing transportation within Miami -Dade County including enhanced bus use and the user of rail. Of particular note to the Omni CRA would be enhancement of the Metromover, which travels through the CRA, and the help in creation of the SMART Plan Beach Corridor Rapid Transit line from the mainland to the barrier island. The Beach Corridor Rapid Transit Line could alleviate a significant amount of traffic on 1-395 and quickly move people from the CRA district to the employment centers on Miami Beach. ENVIRONMENTAL QUALITY Redevelopment in the Omni CRA will improve environmental quality due to existing provisions in the City's building permit process. Miami -Dade County Department of Environmental Resource Management reviews all new construction permits to ensure health standards are followed. Asbestos testing is required for existing buildings that are to undergo renovation. The County's Health Department must also approve any water and sewer changes, restaurants, hospitals, clinics, and schools. Miami -Dade Water and Sewer Department provides water and sewage services and runoff drainage for the Omni CRA district. The Department has upgraded their standards which means that most new construction and renovations within the CRA will require upgrades to the water service lines. In addition to the above, the redevelopment plan update also contemplates the implementation of stormwater systems CRA-wide. Currently such systems only exist in the area east of Biscayne Boulevard/US- 1. These systems will be required to provide a certain amount of treatment to runoff before it percolates into the soil or is released into Biscayne Bay. The inclusion of curbs and gutters along newly updated streets will ensure that runoff waters are directed into the new stormwater system as well. Significant funding is also contemplated for sewer system upgrades. This will reduce the amount of sewerage that may be leaking from pipes that currently exceed or will have exceeded their anticipated life - span at the time of replacement. 7-62 2 Packet Pg. 191 2'.Sa COMMUNITY FACILITIES The redevelopment plan update contemplates expansion and maintenance of existing community facilities to a level that will continue to accommodate demand for such facilities that will come with population growth of the area. These facilities include: Parks/Public Spaces 1. Maurice A. Ferre Park 2. Margaret Pace Park 3. Dorsey Park 4. Biscayne Park 5. The Baywalk (to be expanded as well) In addition, the update contemplates the addition and maintenance of the 1-395 "Underway' Park. This will be a significant facility in the area around and under the soon -to -be expanded 1-395, and the inclusion of public plazas, pocket parks and other mini -green spaces, where appropriate, throughout the CRA district. Cultural Facilities The Adrienne Arsht Center for the Performing Arts, the Frost Museum of Science, and the Perez Art Museum of Miami are all supported through a significant contribution by the CRA to the County for cultural facilities within the CRA. There is potential for new regional cultural or artistic attractions to continue to boost the attractiveness of the area as a regional destination. Educational This redevelopment plan update also contemplates redevelopment of Phillis Wheatley Elementary School to include school facilities as well as housing for teachers and others. Relocation of the School Board's iPrep and other educational facilities are also contemplated. This relocation will allow for redevelopment of these sites as well as provide new and upgraded facilities for these educational institutions. r►►►►��r�r•�►���r�:rz•»1•liff�»-rrr# Ji While growth in the Omni CRA Redevelopment Area is expected to lead to significant population increases, it is unlikely that this will lead to an equally significant increase in school population. The majority of units contemplated by the redevelopment plan update would be in large urban -styled, multi -family buildings. These building are unlikely to contain significant numbers of units with more than 2 bedrooms. It is likely that affordable housing units for workforce and low-income residents that the CRA seeks to construct/rehabilitate will be more family oriented that the market -rate units in the district. This means additional students will be added to the area, however the percentage increase in school population is not likely to be as high as the percent increase in overall population. The CRA will continue to work with the Miami -Dade County School Board to address this issue. 7-63 Packet Pg. 192 2.5.a OTHER PHYSICAL AND SOCIAL QUALITIES The purpose of the redevelopment is to eliminate and prevent instances of slum and/or blighting influences on the district. To this end, the CRA's on -going efforts to enhance and beautify the area will create a positive environment for all residents. Additionally, the significant efforts to provide a mix of housing options, including efforts to ensure housing for low income and workforce residents will be to the benefits of existing residents. The CRA is also seeking to provide an expansion of area social services through the funding of opportunities for non-profit providers in the district. This effort is designed to ensure a continued social "safety net" is available for residents and to expand the number of social service agencies providing service in the district and enhance resident access to these agencies. The CRA's commitment to seeking community benefits from developers, property owners, and business owners assisted by the CRA projects, and to the extent possible those that are not assisted, will also improve the social qualities of the neighborhood. Included in the plan update is a list of examples of community benefits the CRA should seek which includes but is not limited to: 1. Job creation 2. Job training 3. Affordable housing units 4. Below market -rent commercial spaces for "mom and pop" stores 5. Support for local non-profit service providers in the area Provision of public plazas and green spaces Lastly, provisions are also included in the plan update for a number of quality -of -life items that will benefit the residents. These include such items as: 1. Funding for homeless programs 2. A college scholarship program for residents 3. A program to hire homeless residents to assist in area clean-up activities Community policing to reduce crime and provide a conduit between residents and the police department. 7-64 2 Packet Pg. 193 2.5a Chapter 8 Conclusion of Redevelopment Plan This chapter outlines the major capabilities of the Omni CRA to rehabilitate the Redevelopment Area. 1. The CRA will engage in a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight in the Redevelopment Area, to encourage needed community rehabilitation, to provide for the redevelopment of slum and blighted neighborhoods, to provide housing affordable to residents of low or moderate income, including the elderly, or to undertake such of the aforesaid activities or other feasible county or municipal activities as may be suitably employed to achieve the objectives of such workable program. 2. Such workable program may include provision for the prevention of the spread of blight into areas of the county or municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by a. replanning b. removing congestion c. providing parks, playgrounds, and other public improvements d. encouraging voluntary rehabilitation e. compelling the repair and rehabilitation of deteriorated or deteriorating structures f. the development of affordable housing g. the implementation of community policing innovations h. the clearance and redevelopment of slum and blighted areas or portions thereof 3. To achieve its goals the CRA is able to acquire property within a slum area or a blighted area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition or demolish and remove buildings and improvements. 4. The CRA can acquire property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. It is also able to dispose of any property at its fair value as provided in s. 163.380 for uses in accordance with this redevelopment plan. 5. The CRA can engage in installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and paseos. 6. The CRA could carry out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements, or acquire by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of real property in the community redevelopment area which is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. The CRA can acquire and dispose of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities :. 2 Packet Pg. 194 2.5.a and uses) designed specifically for, and limited to, families and individuals of low or moderate income. 8. It may construct foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses). 9. To support public improvements the CRA may choose to provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate. 10. To complete its mission, the CRA may enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted, and may acquire any personal or real property, together with any improvements thereon. To hold, improve, clear, or prepare for redevelopment any such property; to encumber or dispose of any real property. 11. The CRA may insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance, and may enter into any contracts necessary to effectuate the purposes of this part. 12. The CRA can solicit requests for proposals for redevelopment of parcels to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. 13. If needed the CRA may invest any community redevelopment funds held in reserves or sinking Q funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have s been issued pursuant to s. 163.385 at the redemption price established therein or to purchase such w bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. M ti 4+ C d E S C� Q E-11111110. Packet Pg. 195 2.5a 14. In furtherance of its goals and objectives, the Omni CRA may borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith, and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part. 15. The CRA may also make or have made all surveys and plans necessary; may contract with any person, public or private, in making and carrying out such plans; and may adopt or approve, modify, a, and amend such plans, which plans may include, but are not limited to: Q �a a. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of o buildings and improvements.; b. Plans for the enforcement of state and local laws, codes, and regulations relating to the c use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. a 16. The Omni CRA may obtain appraisals, title searches, surveys, studies, and other plans and work = necessary to prepare for the undertaking of community redevelopment and related activities. E 17. Q It may develop, test, and report methods and techniques, and carry out demonstrations and other ° d activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income. Q av 18. The CRA should apply for, accept, and utilize grants of funds from the Federal Government for such purposes. E E 19. In order to prevent displacement in the district, the Omni CRA should prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit M organizations, and others) displaced from a community redevelopment area and may make relocation payments to or with respect to such persons for moving expenses and losses of property Q for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government. s x w 0 ti M ti C d E S C� Q E-111111M Packet Pg. 196 2'.5a 20. The CRA may appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. 21. If needed, the CRA is able to close, or recommend to be closed, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and plan or replan any part of the county or municipality. 22. The CRA may organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. 23. To improve neighborhood safety the CRA may develop and implement community policing innovations. 24. With the agreement of each taxing authority to such method of financing for the construction or expansion, the Omni CRA may construct or expand administrative buildings for public bodies or police and fire buildings, unless the construction or expansion is contemplated as part of a community policing innovation, where no agreement of taxing authorities would be necessary. 25. The Omni CRA should not undertake the installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects if such projects or improvements were scheduled to be installed, constructed, reconstructed, repaired, or altered within 3 years of the approval of the community redevelopment plan by the governing body pursuant to a previously approved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan unless and until such projects or improvements have been removed from such schedule or plan of the governing body and 3 years have elapsed since such removal or such projects or improvements were identified in such schedule or plan to be funded, in whole or in part, with funds on deposit within the community redevelopment trust fund. 26. Finally, the CRA should not pay for general government expenses unrelated to the carrying out of Q this Redevelopment Plan. Z M x w 0 ti M ti C d E S C� Q i •i Packet Pg. 197 2.5.a Appendix A 2010 Omni Redevelopment Area Legal Description THE STUDY AREA IS PHYSICALLY DEFINED AS BEGINNING AT THE EASTERN SHORELINE AND NORTH SIDE OF NE 20TH STREET; THEN SOUTH ALONG THE EASTERN SHORELINE TO THE NORTHSIDE OF MACARTHUR CAUSEWAY RIGHT-OF-WAY; THEN EAST ALONG THE NORTHSIDE OF THE MACARTHUR CAUSEWAY RIGHT- OF-WAYTO THE EASTERN SHORELINE OF WATSON ISLAND; THEN SOUTH ALONG THE EASTERN SHORELINE Q OF WATSON ISLAND TO THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY; THEN WEST ALONG THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN SHORELINE; o THEN SOUTH ALONG THE EASTERN SHORELINE TO 20 FEET SOUTH OF THE FEC SLIP; THEN WEST ALONG THE 20 FEET SOUTH OF THE FEC SLIP TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG = THE WEST SIDE OF BISCAYNE BOULEVARD TO THE SOUTHERN EDGE OF THE 1-395 ROW; THEN FOLLOWING c THE SOUTHERN EDGE OF THE 1-395 ROW TO THE WEST SIDE OF NW 1ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW 1ST PLACE TO THE SOUTH SIDE OF NW 14TH STREET; THEN WEST ALONG THE SOUTH a SIDE OF NW 14TH STREETTO THE WEST SIDE OF NW 1ST PLACE; THEN NORTH ALONG THE WEST SIDE OF = NW 1ST PLACE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 0) 22NDSTREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND Q 0 AVENUE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 5THAVENUE; THEN NORTH ON THE WEST SIDE OF NW 5TH AVENUE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 6TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 6TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO THE WEST SIDE V OF NW 5TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 5TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREETTO THE EAST SIDE OF NW 2ND O AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE NORTH SIDE OF NW 22ND c STREET; THEN EAST ALONG THE NORTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NORTH MIAMI AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NORTH MIAMI AVENUE TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH STREETTO THE FEC ROW; THEN SOUTH ALONG Q THE FEC ROW TO THE NORTH SIDE OF NE 20THSTREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH Z s STREET TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF BISCAYNE x w BOULEVARD TO THE NORTH SIDE OF NE 20THTERRACE; THEN EAST ALONG THE NORTH SIDE OF NE 20TH c TERRACE TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORE LINE TO THE NORTH ti SIDE OF NE 20THSTREET. m E s Q :.• Packet Pg. 198 2.5.b SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT (the "2020 Interlocal Agreement") is made and entered into this day of , 2019, by and among Miami -Dade County, a political subdivision of the State of Florida (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida (the "City") and the Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "Omni CRA"). RECITALS WHEREAS, pursuant to County Resolution No. R-280-96, adopted by the Board of County Commissioners of Miami -Dade County (the "County Commission") on March 19, 1996, the County Commission approved the terms and execution of an Interlocal Agreement by and among the County, the City and the Omni CRA (the "Interlocal"), which Interlocal was dated June 24, 1996, and contained provisions for the Omni CRA to make certain payments to the County for the purpose of paying debt service on the Performing Arts Center Construction Bonds; and WHEREAS, on , pursuant to County Resolution No. , on December 31, 2007 the County, the City, the Southeast Overtown/Park West Community Redevelopment Agency, ("SEOPW CRA"), and the Omni CRA entered into that certain Interlocal Agreement to provide funding for major city-wide projects for the benefit of all named parties (the "2007 Interlocal Agreement"); and WHEREAS, the City and the Omni CRA has approved an Assessment of Need (the O "AON") report supported by data and analysis to substantiate the ongoing necessity for the o extension of life of the Omni Redevelopment Area through the date July 7, 2047, through ti Resolution at the City and Resolution CRA-R-19-0004 at the Omni CRA; and m WHEREAS, pursuant to City Resolution R- the City Commission x approved the interlocal and the 2020 Redevelopment Plan authorizing the Omni CRA to seek the w support and approval of the County Commission in extending the life of the Omni CRA through M July 7, 2047; and a� WHEREAS, the County Commission has accepted the AON and FON; and s WHEREAS, the County Commission authorizes the extension of life of the Omni CRA Q through July 7, 2047; and WHEREAS, the County, the City and the Omni CRA hereby authorizes the amendment of the 2007 Interlocal Agreement; and WHEREAS, the City, County and the Omni CRA approves the prepared Amended 2020 Plan for the Omni Area (the "2020 Redevelopment Plan"); and (00310478. ] 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) I Packet Pg. 199 2.5.b WHEREAS, this 2020 Interlocal Agreement replaces and supersedes the 2007 Interlocal Agreement, NOW, THEREFORE, the County, the City and the Omni CRA agrees as follows: 1. Recitals. The Recitals set forth above are true and correct and adopted as part of this Second Amendment. 2. Defined Terms. Defined terms utilized in this Second Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of Omni CRA. The life of the Omni CRA is hereby extended through July 7, 2047. 4. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed references to the adopted 2020 Redevelopment Plan. 5. Streetcar Project. The City, County, and the Omni CRA hereby mutually release each party from any obligations under the 2007 Interlocal Agreement pertaining to the Streetcar Project and any funding activities for the Streetcar Project have been stricken. 6. Priority Projects. The County, the City and the Omni CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the projects identified in the 2020 Redevelopment Plan, other projects in the Redevelopment Area, along with the list of priority projects below shall be partially funded by the Omni CRA utilizing Tax Increment Funds ("TIF") Revenues (the "Incentive Agreement Projects"): a. Funding to Miami -Dade County for the Performing Arts Center Construction Bonds Debt Service at an aggregate total amount not to exceed One Million Four Hundred Thirty Thousand and 00/100 Dollars ($1,430,000.00) per year through September 30, 2027. b. Funding to the City of Miami for the Port Tunnel Debt Service at an amount not to exceed Four Million Two Hundred Thirty -Four Thousand and 00/100 Dollars ($4,234,000.00) per year through September 30, 2030. c. Funding to Miami Dade County in an amount not to exceed thirty five percent (35%) of the Omni CRA annual TIF Revenue, or Twenty -Five Million and 00/100 Dollars ($25,000.00.00), whichever is less, per year through September 30, 2027 to fund Museums and Regional Cultural Attractions within the Omni CRA Boundaries. d. Commencing October 1, 2027, funding to Miami -Dade County in an amount not to exceed thirty five percent (35%) of the Omni CRA annual TIF Revenue, or Ten Million and 00/100 Dollars ($10,000,000.00), (00310478. ] 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) m 2 Packet Pg. 200 2.5.b whichever is less, per year through September 30, 2047 to fund Museums and Regional Cultural Attractions within the Omni CRA Boundaries. e. Funding to Miami -Dade County for The Beach Corridor rapid transit route of the Strategic Miami Area Rapid Transit ("SMART") Plan. The Omni CRA shall provide the County with funding in an amount not to exceed Fifty Million and 00/100 Dollars ($50,000,000.00) for capital improvements for that portion of the Beach Corridor route that falls within the boundaries of the Omni Redevelopment Area. f. Maurice Ferre Park formerly Museum Park. The Omni CRA shall provide funding to the City of Miami in a total amount of Twenty Eight Million and 00/100 Dollars ($28,000,000.00) in capital improvement costs for the Maurice Ferre Park based on a Capital Improvement Plan that is approved by the City of Miami Commission. g. Providing funds in an amount not to exceed funding of $1,000,000.00 annually for ongoing operations and maintenance to commence upon completion of the I 395 Underdeck Green Space to be constructed in conjunction with the Florida Department of Transportation I-395/SR 836/I- 95 Design -Build Project (I-395 Project) located below the I-395 viaduct, subject to the I-395 Project meeting all standards related to construction, operations, and maintenance. h. Provide funds for community benefits package and assist in the redevelopment of School Board -owned properties within the Omni CRA boundaries. i. The Omni CRA will commit to funding at least $250 Million in the development and rehabilitation of workforce- and affordable housing and mixed -income housing and homeownership projects within the Redevelopment Area throughout the life of the Omni CRA. j. Land acquisition and development activities consistent with the character and scale of development identified in the Omni CRA Redevelopment Plan, as it may be amended from time to time. k. Development and growth of local, small business enterprises within the Redevelopment Area through grants or low -interest loans to, among other things, improve the physical plant of local businesses, finance the acquisition of machinery and equipment, and provide limited guarantees against losses to increase access to credit from local financial institutions. 7. Omni Redevelopment Area. The County, City and Omni CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area depicted on the map attached hereto as Exhibit "A." The County, City and Omni CRA agree to process all necessary legislation and documents to provide for the extension of life of the Omni CRA. (00310478. Z 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) m 3 Packet Pg. 201 2.5.b 8. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual Omni CRA budget for the fiscal years prior to fiscal year commencing October 1, 2019. 9. Waiver of Administrative Fee. The County agrees to waive the 1.5% Administrative Fee chargeable to Omni CRA for the life of the Omni CRA. 10. CRA Indebtedness. The Omni CRA may elect to issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the Omni CRA Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than July 7, 2047. Prior to the issuance of any bonds and/or indebtedness by the Omni CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuance or indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this Amendment and applicable law, including Section 163.358(3), Florida Statutes. 11. CAP ON ADMINISTRATIVE EXPENSES. The Omni CRA agrees that administrative expenses of the Omni CRA shall not exceed 20% of its overall fiscal budget. 12. Procurement Requirements. The Omni CRA confirms to the County and the City that Omni CRA has adopted procurement procedures to be utilized by the Omni CRA for procurement. 13. Community Benefits. A. The Omni CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the Omni CRA for new or rehabilitated commercial and residential developments entered into after the Effective Date within the Redevelopment Area shall, to the extent allowed by applicable law, include the following provisions: (i). Require hiring from the labor workforce for such project from residents of the Redevelopment Area that are unemployed or under employed, to extent feasible. (ii). Require compliance with the wage requirements of Section 2-8.9 of the Code of Miami -Dade County, Florida (the "Code") or pay higher wages and benefits, to the extent feasible. B. The Omni CRA agrees to include in all community benefit agreements with entities or contractor receiving grants of $1,000,000.00 or more executed after the Effective Date to require such entities or contractors to comply with the following Miami -Dade County ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-8.1.1.1.1 of the Code) (ii). Community Business Enterprises (Section 2-10.4.01 of the Code) (00310478.1 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) m 4 Packet Pg. 202 2.5.b (iii). Community Small Business Enterprises (Section 10-33.02 of the Code) (iv). Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the Code) (v). Living Wage Ordinance (Section 2-8.9 of the Code) 14. Inspector General Review. The County shall have the right to retain, at its sole cost, the services of an independent private sector inspector general whenever the County deems it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20. Upon written notice from the County, the Omni CRA shall make available to the independent private sector inspector general retained by the County all requested records and documentation for inspection and reproduction. Additionally, the Omni CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed Omni CRA's contracts, transactions, accounts, records, agreements and programs at a minimum annually audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to, project design, specifications, proposal submittals, activities of the Omni CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure compliance with contract specifications and to detect any fraud and/or corruption. 15. Recovery of Grant Funds. The Omni CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "claw back" provision that will require the Omni CRA to "claw back" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with Omni CRA by demanding repayment of such funds, in writing, including recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if feasible. 16. Safeguards for Resident Displacement. In the event the Omni CRA funds a O redevelopment project authorized by the 2020 Redevelopment Plan that may displace persons o (including individuals, families, business concerns, nonprofit organizations and others) located in ti the Redevelopment Area, the Omni CRA shall prepare plans for and assist in the relocation of such m persons, including making any relocation payments under the Act and applicable laws and �= regulations. Further, the Omni CRA shall make or provide for at least a "one -for -one" replacement of each affordable housing unit demolished pursuant to a redevelopment project to ensure that such w demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this M requirement shall not apply to substandard affordable housing that has been declared unsafe by a governmental entity and subsequently demolished. The Omni CRA shall ensure that individuals and families who are displaced from affordable housing units have a right of first refusal to return E to comparably priced affordable housing units located within the Redevelopment Area. M a 17. Affordable and Mixed Income. The County acknowledge and agrees that the Omni CRA 2020 Redevelopment Plan includes a housing component that serves an income mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%) of the Area Median Income (AMI), as defined by the U.S. Department of Housing and Urban Development and the County acknowledges that the 2020 Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons. (00310478. Z 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) 5 Packet Pg. 203 18. Annual Budget. The Omni CRA agrees to include in its annual fiscal budget a description of expenditures made by the Omni CRA for affordable housing projects during the previous fiscal year and a statement of anticipated expenditures for affordable housing project in upcoming fiscal years, if applicable. 19. Ethics Training. The Omni CRA agrees that all members of the Board of Commissioners of the Omni CRA, staff of the Omni CRA, members of advisor boards of the Omni CRA and staff such advisor boards shall be required to complete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade County Commission on Ethics and Public Trust. 20. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 21. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 22. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the Omni CRA (the "Effective Date") 23. Time of the Essence. Time is of the essence in the performance of this Amendment. 24. Third -Party Beneficiaries. There are no third -party beneficiaries to this Amendment. The parties expressly acknowledge that that it is not their intent to create or confer any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of this Second Amendment. 25. Severability. If one or more provisions of this Amendment shall be held contrary to any provision of law or be held invalid, then such provision or provisions shall be null and void and shall be separate from, and have no effect on, the remaining provisions which shall continue to be legal and valid. 26. Counterparts. This Amendment may be signed in counterparts. "Signatures Appear Below (00310478. ] 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) 6 Packet Pg. 204 2.5.b IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, a municipal corporation of the State of Florida (00310478. Z 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) Miami -Dade County, a political subdivision of the State of Florida 7 Packet Pg. 205 2.5.b Arthur Noriega, City Manager ATTEST: Todd B. Hannon, City Clerk Omni Community Redevelopment Agency, a public body corporate and politic Jason Walker, Executive Director ATTEST: By: Todd B. Hannon, Clerk of the Board Mayor, Carlos A. Gimenez Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Assistant County Attorney _A Date: (00310478. Z 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) m n. Packet Pg. 206 2.5.b (00310478. Z 3426 00000001(Draft Interlocal- Provisions to he negotiated and Finalized) APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: Victoria Mendez, City Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR OMNI CRA: RIA ate: David N. Tolces, Omni CRA Special Counsel 9 Packet Pg. 207 2.5.b Exhibit "A" 2010 Omni Redevelopment Area Legal Description THE STUDY AREA IS PHYSICALLY DEFINED AS BEGINNING AT THE EASTERN SHORELINE AND NORTH SIDE OF NE 20TH STREET; THEN SOUTH ALONG THE EASTERN SHORELINE TO THE NORTHSIDE OF MACARTHUR CAUSEWAY RIGHT-OF- WAY; THEN EAST ALONG THE NORTHSIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN SHORELINE OF WATSON ISLAND; THEN SOUTH ALONG THE EASTERN SHORELINE OF WATSON ISLAND TO THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY; THEN WEST ALONG THE SOUTH SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORELINE TO 20 FEET SOUTH OF THE FEC SLIP; THEN WEST ALONG THE 20 FEET SOUTH OF THE FEC SLIP TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF BISCAYNE BOULEVARD TO THE SOUTHERN EDGE OF THE I-395 ROW; THEN FOLLOWING THE SOUTHERN EDGE OF THE I-395 ROW TO THE WEST SIDE OF NW 1 ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW I ST PLACE TO THE SOUTH SIDE OF NW 14TH STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 14TH STREET TO THE WEST SIDE OF NW 1 ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW 1ST PLACE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE SOUTH (00310478. ] 3426 00000001(Draft Lrterlocal- Provisions to he negotiated and Finalized ) m 10 Packet Pg. 208 2.5.k�. SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 5THAVENUE; THEN NORTH ON THE WEST SIDE OF NW 5TH AVENUE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 6TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 6TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO THE WEST SIDE OF NW 5TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW 5TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE NORTH SIDE OF NW 22ND STREET; THEN EAST ALONG THE NORTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NORTH MIAMI AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NORTH MIAMI AVENUE TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH STREET TO THE FEC ROW; THEN SOUTH ALONG THE FEC ROW TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG THE NORTH SIDE OF NE 20TH STREET TO THE WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF BISCAYNE BOULEVARD TO THE NORTH SIDE OF NE 20THTERRACE; THEN EAST ALONG THE NORTH SIDE OF NE 20THTERRACE TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORE LINE TO THE NORTH SIDE OF NE 20TH STREET. (003Z0478.Z 3426 00000001(Draft Laterlocal-Provisions to he negotiated and Finalized.) m II Packet Pg. 209