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October 17, 2005
Joe Arriola
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Office of the County Manager
111 NW 1st Street • Suite 2910
Miami, Florida 33128-1994
T 305-375-5311 F 305-375-1262
miamidade.gov
RE: Community Redevelopment Agencies (CRAs) in the City of Miami
Dear Mr nola:��
The following outlines our agreed upon modifications to the Southeast
Overtown/Park West and Omni Community Redevelopment Areas (CRAs).
These modifications will lead to critically needed enhancements and new
development in both of these areas which will be of benefit to both the City
and the County.
Relative to the Omni CRA, we are in agreement that this CRA will continue
through the year 2026. As the catalytic redevelopment project in this CRA,
the Performing Ms Center (PAC) is expected to continue to stimulate new
development for many years to come. in conjunction with the County's
ongoing pursuit of increased private sector contributions, the growth of the
CRA's tax increment revenue stream is an excellent funding source to help
address the capital and operating needs of the PAC. As agreed the County
will receive 30% of the additional increment above the $1.43 million that is
already pledged to the PAC. The County's incremental share will be used to
support remaining capital requirements for the PAC, net of any additional
private contributions and the remaining County incremental share will
replace CDT funding currently being used to pay debt service dollar for
dollar. The released CDT funds will be used to support operations of the
PAC. The City through its 70% additional incremental share will address
short-term parking, lighting, walkway and security needs in the vicinity of the
PAC. This proposed strategy for extending the Omni CRA considers and
responsibly addresses the future needs of the PAC as the catalytic projecr
t
in the area, with mutual benefit to the City and County.
The Southeast OvertownJpark West (SEOPW) CRA is an area with a long
history dating back to 1982 that includes various unsuccessful and
unsustained redevelopment efforts and an early period Burin
CRA experienced flat and even declining assessed.,.-taxableh+values .•
compared to the base year taxable values. However; in the past few years
the booming South Florida real estate market :and associated: new; ..
development have began to positively impact the area's•taxable.-values.
This CRA is now, after . many years . of frustration oised for the
implementation of a thoughtful and sensitive •redevelopment program; that
would include a vane f commercial arid { � : �r other eveloprrieni" ro` s
e(fy.er f?t - ty Ca4tItCe- Ci'er f1 falong'
Joe Arcola
Page 2
with affordable and workforce housing with an emphasis on protecting the
community from the negative impacts of gentrification. In this context, i am
very supportive of the City's desire to extend the life of the SEOPW CRA for
ten (10) years (through the fiscal year ending 2023) and to expand the
boundaries of the CRA in accordance with the Amended 2004 SEOPW
Redevelo ment Plan that has been submitted to the County.
Together, through the effective use of CRAs as tools for the implementation
of catalytic and targeted redevelopment activities, we have a tremendous
opportunity to make an extremely positive impact in these two historically
blighted areas of the City of Miami.
1 look forward to moving ahead in an expeditious manner in support of these
efforts and am prepared to advance recommendations in support of the
above to the Board of County Commissioners for action in October or
November, based on your schedule to advance these recommendations to
the City Commission.
Si :-ly,
Georg - M. B • ess
County Mana • er
r
DRAFT
101 -2
First Amendment to Interlocal Cooperation Agreement dated
1996 June 24,
by and among Miami -Dade County, the City of Miami and
the
Community Redevelopment Agency for the Omni District
This First Amendment to Interlocal Cooperation A made and entered into thisyoAgreement ("First Amendment") is
County, a political subdivision of the State of Flori2da (the5 "County"), ong Miami -Dade
Miami, a municipal corporation of the State of Florida (the"City") the City of
Redevelopment Agency for the Omni community redevelopmentistrict the
"Omni unity
District"), a public body corporate and politic (the "CRA").
WITNESSETH
WHEREAS, pursuant to Resolution No. R-280-96 adopted by the Board of County
Commissioners of Miami -Dade County (the "Board') on March 19, 1996, the Board
approved the terms and execution of a Interlocal Cooperation Agreement
the County, the City and the CRA (the "Interlocal"), which inter o awas da ed June 24,g
1996 and contained provisions for the CRA to
make certain payments to the County for
the purpose of paying debt service on the Performing Arts Center Bonds; and
-�----------- WHEREAS, theInterlocal
obligated
payment
CRA to pay each year the first $1.43 million of
tax increment fund revenues obligation ceases at such time the County has no Performingof the Debt ServiceeteBonds ,which
outstanding; and Arts Center Bonds
WHEREAS, construction costs for the Performing Arts Center have escalated; and
WHEREAS, the County has and will issue Additional Bonds and Completion Bonds for
the purpose of funding such higher construction costs; and
WHEREAS, the County, the City, and the CRA desire to provide additional tax
increment revenues from the CRA for the
urpose
Performing Arts Center Bonds outstanding, of paying debt service on all
NOW THEREFORE, THE COUNTY, THE CITY AND THE CRA AGREE E AS
I. The recitations set forth above are true and correct and adopted as part of this
amendment.
II. All terms in capitalized form, unless otherwise defined in this First
Amendment, shall have the same meaning as ascribed to them in the
Interlocal.
III. The Interlocal dated June 24, 1996, attached and made a part hereof is hereb
amended in the following respects: . y
A. Article II, Section C, Project Financing, Subsection I. is amended to read
as follows:
The CRA shall administer and manage the Fund as required by Iaw and
develop and promulgate rules, regulations and criteria whereby the Fund
may be promptly and effectively administered, including the establishment
and the maintenance of books and records and adoption ofprocedures
whereby the COUNTY may, expeditiously and without undue delay,
utilize such funds in accordance with the COUNTY approved budget for
the Performing Arts Center, and whereby the CRA may, expeditiously
and without undue delay, utilize the funds other than those dedicated to
the Performing Arts Center, in accordance with the COUNTY -approved
budget for those aspects of the PROJECT not related to the Performing
Arts Center. In furtherance of such expeditious utilization of funds for the
Performing Arts Center, the CRA shall remit to the COUNTY no later
than March 31 st of each year, (a) beginning with the first calendar year in
which the COUNTY has bonds outstanding as of January 1 of such year,
which were issued for the purpose of financing the cost of construction of
the Performing Arts Center (the "Performing
amount equal to the first one million four hundred thirty thousand dollars
($1.43 million) of tax increment trust fund revenue for the purpose of
__` "-____-= paving debt service afl the Performin
commencing no later than March 31, 2006, in addition to the first $1.43
million of tax increment trust fund.revenue, an amount equal to thirty
percent (30%) of the Net Increment Revenue (as such term is hereafter
defined) (the "Thirty Percent"). "Net Increment Revenue" means all the
Increment revenue (as such term is calculated pursuant to Section
163.387(1), Florida Statutes) from the Omni District less $1.43 million.
The first $1.43 million and the Thirty Percent to be remitted by the CRA
in accordance with this Section shall be used for the
Purpose of paying
debt service on the Performing Arts Center Bonds (the "County Debt
Service Payment"). The CRA's last pay
Thirtyand
Percent shall occur on March 31, 2026. The parties hereby aagreee
that term of the Omni District and the CRA shall expire on October 2,
2026 and all remaining funds on deposit in the Fund shall be remitted to
the applicable taxing authorities as provided in Chapter 163, Part III,
Florida Statutes, If the County sells Bonds or incurs indebtedness with
regard to the Performing Arts Center, the COUNTY shall ensure that all
documentation relating to such indebtedness or bonds shall limit the
liability of the CRA to such $1.43 million per year subject to availability
of such funds and the Thirty Percent.
The CRA shall be annually compensated for all administrative
services rendered with respect to any and all aspects of the PROJECT
subject to availability of revenue in the Fund after payment to the County
of the $1.43 million and the Thirty Percent as provided above. Such
administrative expenses payable out of the Fund shall be capped at an
amount not to exceed twenty percent (20%) of the annual budget approved
by the COUNTY. [ADD LANGUAGE RE: COUNTY'S
ADMINISTRATIVE FEE REIMBURSEMENT HERE]
B. Article II, Section C, Project Financing, Subsection 4. is amended to read
as follows:
The CRA may issue bonds required to finance the PROJECT, with the
exception of the Performing Arts Center Bonds, subordinate to any debt
incurred by the COUNTY for the Performing Arts Center; provided,
however, such subordinate debt shall mature no later than October 1,
2026. The subordination of bonds issued by the CRA referred to in the
preceding sentence shall relate to the first $1.43 million of tax increment
revenues and the Thirty Percent of tax increment revenues reserved for the
COUNTY pursuant to the provisions of Article 1T, Section C, subsection 1
above. Prior to issuance, the COUNTY shall review and approve all CRA
instruments of indebtedness relating to tax increment financing. The CRA
shall not withhold the payment to the County of the $1.43 mullion and the
Thirty Percent for any reason, notwithstanding any other activities,
actions, claims, or causes of action related to the PROJECT.
C. Article III, Section C. is amended to add the following to the end of the
(d) The power to approve the acquisition, demolition, removal, or
disposal ofproperty as provided in Section 163.370(3), Florida
Statutes, and the power to assume the responsibility to bear loss as
provided in Section 163.370(3), Florida Statutes.
(e) The power to approve the development of community policing
innovations.
IV. In all other respects, the Interlocal Cooperation Agreement is ratified and
Confirmed.
V. In the event of any conflict between the Interlocal Agreement and this First
Amendment, the terms of the First Amendment shall control.
IN WITNESS WIIEREOF, the parties hereto have caused this First Amendment
to be executed in their names by their duly authorized officers , all as of the day and
year first above written
WITNESS our hands and seals on this day of , 2005.
City of Miami Miami -Dade County,
A municipal corporation of the a political subdivision of the State of
State of Florida Florida
By: By:
Joe Arriola George Burgess
City Manager County Manager
ATTEST:
By;, By:
City Clerk Deputy Clerk
Approved as to form and legal sufficiency: Approved as to form and legal sufficiency:
By: By:
City Attorney County Attorney
City of Miami Community Redevelopment Agency,
an agency of the City of Miami
Johnny Winton
Chairperson of the Board
ATTEST:
By:
City Clerk
Approved as to form and legal sufficiency:
By:
CRA Attorney