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HomeMy WebLinkAbout14056 2nd Amendment to ILASECOND 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 , 2023, 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 163.357, 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 December 18, 2007, pursuant to County Resolution No. R-1372-07, the County, the City, the Southeast Overtown/Park West Community Redevelopment Agency, ("SEOPW CRA"), and the Omni CRA entered into that certain Interlocal Agreement, dated December 31, 2007, to provide funding for major city-wide projects for the benefit of all named parties (the "2007 Interlocal Agreement"); and WHEREAS, the Omni CRA and the City adopted Resolution No. CRA-R-19-0004 and Resolution No. R-19-0180, respectively, which approved an Assessment of Need (the "AON") report, in accordance with County Resolution Nos. R-611-15 and R-499-16, which is supported by data and analysis to substantiate the ongoing necessity for the extension of life of the Omni Redevelopment Area through the date July 7, 2047; and WHEREAS, the Omni CRA and the City adopted Resolution CRA-R-20-0003 and R-20- 0131, respectively, which approved an amendment to the Redevelopment Plan for the Omni Area (the "2020 Redevelopment Plan") and this 2020 Interlocal Agreement; and WHEREAS, the Omni CRA and the City sought the County Commission's support and approval of their request to accept the AON, extend the life of the Omni CRA through July 7, 2047, the 2020 Redevelopment Plan and the 2020 Interlocal Agreement; and WHEREAS, on , 2023, the County Commission adopted County Resolution No. R- , which accepted the AON, authorized the extension of life of the Omni CRA through July 7, 2047, and approved 2023 Redevelopment Plan and this 2020 Interlocal Agreement; and 1 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 2020 Interlocal Agreement. 2. Defined Terms. Defined terms utilized in this 2020 Interlocal Agreement 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 twenty five percent (25%) of the Omni CRA annual TIF Revenue, or Twenty Million and 00/100 Dollars ($20,000.00.00), whichever is less, per year through September 30, 2047. Once the funds are returned to the County pursuant to this subsection (6)c, the County's use of the funds shall not be subject to this Agreement or any restrictions or requirements of Chapter 163, Part III, Florida Statutes. d. Maurice Ferre Park formerly Museum Park. The Omni CRA shall provide funding to the City of Miami in a total amount of Twenty Two 2 Million and 00/100 Dollars ($22,000,000.00) in capital improvement costs for the Maurice Ferre Park based on a Capital Improvement Plan that is approved by the City of Miami Commission. e. Provide funding to support the development 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. f. Assist in the redevelopment of School Board -owned properties within the Omni CRA boundaries. g- 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. The funding shall include payment of debt service for the bonds issued to fund the construction of workforce and affordable housing. h. 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. i. 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. a. 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. b. The County, City, and Omni CRA agree to implement the expansion of the Omni CRA Redevelopment Area to include additional land located within the "Allapattah Area" and "Watson Island Area" (the "Expansion Area"), and all provisions of his Agreement shall apply to the Expansion Area. In the event the Omni CRA expands to include the Allapattah and Watson Island Areas within its boundaries, the TIF generated shall be included with the Omni CRA's TIF revenue. The land to be included within the Omni CRA expansion is more fully described and depicted in Exhibit "B" which is attached and incorporated herein. 3 c. The Allapattah Expansion Area is generally bound by the westside of Northwest 7th Avenue between NW 7th street and NW 22nd street and continues east (including the entire block bound by NW 6th Avenue to the east, NW 22nd Street to the South, NW 23rd Street to the North and the eastside of NW 7th Avenue to the west), and will continue north (on the eastside of NW 7th Avenue) to the southside of Northwest 31th Street, and continue west to the westside of NW 8th Avenue and continue north to the southside of NW 36th Street, and continue west to westside NW 11th Place, and continue north to the southside of the 112 Expressway, and continue west to the eastside of NW 19th Avenue and continue south to the southside of NW 38th Street and continue west to the eastside of NW 27th Avenue and continue south to along the city municipal limit boundary to northside of NW 38th Street, and continue west to the eastside of 27th Avenue and continue south to the southside of Northwest 7th Street and continue east to the westside of NW 22nd Avenue and continue north to the northside of NW 1lth Street and continue east to the Miami River. This Expansion Area will exclude certain government and eleemosynary owned properties within the expanded area. A legal description with the excluded properties will be included as an attachment. d. The Watson Island Expansion Area is generally bound by the southside of I-395 that runs through the land mass of Watson Island in Biscayne Bay east of downtown Miami. This Expansion Area will exclude certain government and eleemosynary owned properties within the expanded area. A legal description with the excluded properties will be included as an attachment. 8. Administrative Fee. The Omni CRA shall pay the County a 1.5% Administrative Fee chargeable to Omni CRA for the life of the Omni CRA to cover County costs associated with administering the Interlocal, programs funded through the Interlocal, and related matters. 9. CRA Indebtedness. The Omni CRA, only with the approval of the County Commission and City Commission, may 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 shall 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. 10. Cap on Administrative Expenses. The Omni CRA agrees that administrative expenses of the Omni CRA shall not exceed 20% of its overall fiscal budget. 11. 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. 4 12. 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) (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) 13. 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 of Miami -Dade County, Florida. 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. 14. 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 5 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. 15. Safeguards for Resident Displacement. In the event the Omni CRA funds a redevelopment project authorized by the 2020 Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the Omni CRA shall prepare plans for and assist in the relocation of such 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 demolished unit is replaced by a new comparable, affordable housing unit, provided, however, this 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 to comparably priced affordable housing units located within the Redevelopment Area. 16. 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. 17. 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. 18. 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 advisory 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 in accordance with County Resolution No. R-499-16 and section 163.367, Florida Statutes. 19. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 20. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 21. 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") 6 22. Time of the Essence. Time is of the essence in the performance of this Amendment. 23. 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 2020 Interlocal Agreement. 24. 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. 25. Counterparts. This Amendment may be signed in counterparts. **Signatures Appear Below * * 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 Miami -Dade County, a political subdivision of the State of Florida By: By: Arthur Noriega, City Manager Daniella Levine Cava, Mayor 7 ATTEST: LUIS MONTALDO, Clerk AD Interim By: By: Todd B. Hannon, City Clerk Deputy Clerk ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: By: Todd B. Hannon, Clerk of the Board Terrence A. Smith Assistant County Attorney Omni Community Redevelopment Agency, a public body corporate and politic By: H. Bert Gonzalez, Executive Director Date: APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Jorge L. Piedra, City Special Counsel Date: APPROVED AS TO FORM AND CORRECTNESS FOR OMNI CRA: By: George K. Wysong iii, Omni CRA Special Counsel Date: 8 EXHIBIT "A" Section 1 Map of Omi CRA Expansion Area BROWNSVILLE NW 39th St rn LITTLE HAVANA ALLAPATTAH NW 7th St z z Omni CRA Existing (468 AC) Allapattah Expansion Area (2,730 AC) Watson Island Expansion Area (35 AC) LITTLE HAITI NW 46th St MIAMI DESIGN DISTRICT 1-195 WYNWOOD Omni CRA Existing OVERTOWN DOWNTOWN MIAMI Executive Summary WATSON ISLAND Dodge Island A NORTH PREPARED BY BUSINESSFLARE 2023 Omni CRA Expansion Area Finding of Necessity I April -May 2023 2 EXHIBIT "B" ✓ Omnl CRA Existing (468 AC) • Allapattah Expansion Area (2,730 AC) l Watson Island Expansion Area (35 AC) Dooge Island NORTH PREPARED BY BUSINESSRAREO 2023 The proposed expanded area in Allapattah is approximately 2,730 acres, and is generally defined as beginning at the intersection of NW 7th Street and NW 27th Avenue; then north on NW 27th Avenue to NW 38th Street; then east on NW 38th Street to NW 19th Avenue; then north on NW 19th Ave to NW 39th Street; then east on NW 39th Street to NW 12th Avenue; then south on NW 12th Avenue to US Hwy 27; then east on US Hwy 27 to NW 10th Avenue; then south on NW 10th Avenue to NW 32th Street; then east on NW 32th street to the western edge of Interstate 95; then south on Interstate 95 to the Miami River; then northwest on the Miami River to NW 17th Avenue; then south on NW 17th Avenue to NW 7th Street; then west on NW 7th Street to the starting point. The proposed expanded area in Watson Island is approximately 35 acres, and is generally defined as beginning at the northwest shoreline of MacArthur Causeway and Watson Island; then east along the north side 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 southernmost point of Watson Island; then west on Watson Island shoreline to the starting point.