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Home My WebLink AboutCRA-R-09-0048 09-24-2009 Submittal-Amendment to 1983 Interlocal Cooperation AgreementAmendment to 1983 Interlocal Cooperation Agreement This Amendment to 1983 Interlocal Cooperation Agreement ("Amendment") is made and entered into this day of , 2009, by and between 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 Southeast Overtown/Park West Community Redevelopment Agency, a public body corporate and politic ("SEOPW CRA"), WHEREAS, the Miami -Dade Board of County Commissioners ("Board") adopted Resolution No. R-1677-82 and Ordinance No. 82-115, which approved a Redevelopment Plan ("Plan") and tax increment financing for the Southeast Overtown/Park West Community Redevelopment Area ("Redevelopment Area"); and WHEREAS, the SEOPW CRA is responsible for implementing activities and projects designed to revitalize and redevelop the Redevelopment Plan; and WHEREAS, the County, the City and the SEOPW CRA wish to remove slum and blighted conditions in the Redevelopment Area by investing in (i) affordable and workforce housing opportunities; (ii) job creation and economic development; (iii) infrastructure; (iv) parks and open spaces; (v) arts and culture; and (vi) quality of life initiatives; and WHEREAS, on April 19, 1983, the Board also adopted Resolution No. R-467- 83, which approved an Interlocal Cooperation Agreement between the City and the County (the "1983 Interlocal Ageement") in accordance with Part III, Chapter 163, Florida Statutes, which among other things, delineated those areas of responsibility for the redevelopment of the SEOPW CRA within the boundaries as set forth by the Finding of Necessity; and, WHEREAS, pursuant to the Plan and the Interlocal Agreement, the SEOPW CRA was authorized to undertake redevelopment of the designated Redevelopment Area; and WHEREAS, on December 31, 2007, the Board adopted Resolution No. R-1372- 07 approving an interlocal agreement between the County, the City, the Omni Community Redevelopment Agency and SEOPW CRA which, among other things, amended the 19:33 Interlocal Agreement (the "2007 Interlocal Agreement"); and WHEREAS, the City and SEOPW CRA agreed to generate a Finding of Necessity stud v t,"FON") to substantiate the expansion of boundaries of the Redevelopment Arei and an amendment to the Redevelopment Plan ("Amended Plan") to expand the SEOPW CRA 's boundaries and extend its life until March 31, 2030; and WHEREAS, pursuant to the 2007 Interlocal Agreement and applicable law the FON and Amended Plan arc subject to approval by theStac51)37‘1TTED INTO THE CIL PUBLIC RECORD FOR egA ITEM # Le ON WHEREAS, the City, the County and the SEOPW CRA have acknowledged that the 1983 Interlocal A2rreement and the Amended Plan shall include tax increment funding for three (3) protects identified as Camillus House, Alonzo Mourning Charities, Inc., and Mama Hattie's House (collectively referred to the "SEOPW CRA Developments"); and WHEREAS, the parties acknowledge that the Projects would be of great benefit to the SEOPW CRA and the community as a whole; and WHEREAS, the City finds that it would be in the best interest of the parties to dismiss with prejudice that certain case captioned City of Miami et al. v. Miami -Dade County, Case No. 07-16851 CA 31 (the" Reverter Lawsuit") in accordance with the terms of this agreement. NOW, THEREFORE, THE COUNTY, CITY and SEOPW CRA agree as follows: 1. The recitations set forth above are true and correct and adopted as part of this Amendinen-.. 11. The parties aLiree that the following SEOPW CRA Developments, among other projects in the Redevelopment Area, shall be partially funded by the SEOPW CRA when the County and the City have determined that SEOPW CRA Developments are ready to proceed: a. The Camillus House project, which involves providing housing for homeless individuals and families in a new facility, including related su,-uct._:res and infrastructure within the Redevelopment Area. b. The AlOnzo Mourning Charities, Inc., an affordable housing project to be built in the SEOPW CRA area. c. The World Literacy Crusade of Florida, Inc. also known as Marna s House. The City and the SEOPW CRA shall submit for the County's approval any and all plans for development of the SEOPW CRA Developments before contracts arc entered into for construction of the SEOPW CRA Developments. The City and the SEOPW CRA understand that the process of reviewing the proposed SEOPW CRA De,,:;:Thprrients will entail mutual cooperation from the City, the County and the SEOPW CRA and that any delay in the review process may delay when the Board considers the SEOPW CRA Developments. The City and the SEOPW CRA, and the County agree that the approval of this agreement by the parties does not con ate approval of the SEOPW CRA Developments by the County. Therefore, the parties avree that if the Board does not approve the SEOPW CRA Developments as a :natter of their sovereign power and legislative authority, the failure to approve such project should not be deemed a breach of this Amendment or any other agreement between the parties relating to the SEOPW CRA Developments, and the County shall not be liable to the City or the SEOPW CRA for such fadara to approve the SEOPW CRA Developments. Submitted into the public record in connection with item # on Oq . Priscilla A. Thompson City Clerk III. The SEOPW CRA may elect to issue bonds and/or incur indebtedness required to finance its contribution to the SEOPW CRA Developments, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2030. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuances or indebtedness, pursuant to the provisions of this 1983 Interlocal Agreement and applicable law, including Florida Statute Section 153.358(3). The City and the SEOPW CRA respectively represent that they have previously adopted resolutions recommending that the County approve the Amended Plan and this Amendment and that they have the legal authority to execute this Am endm en t. V. The City, SEi0P1W CRA., and the County agree that the Reverter Lawsuit will be abated for ninety (90) days from the effective date of this Amendment and shall be dismissed with prejudice following the County's approval of the plans for the development of a portion of Block 36 and Blocks 45 and 56, which are to be submitted to the County for approval within the 90-day abatement period in the same manner as is set forth in Paragraph II herein. VI. In all other resoects, the 1983 Interlocal Agreement is ratified and confirmed. VII. In the even: of any conflict between the 1983 Interlocal Agreement, the 2007 interlocal and this Amendment, the terms of this Amendment shall control. VIII. rhere are no third party beneficiaries to this Amendment. The parties expressly acknowiesh4e 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 substantially 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 Amendment. This Airitendinent may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, nll s of the day and year first above written. Submitted into the public record in connection with item # to on Priscilla A. Thompson City Clerk WITNESS our hands and seals on this City of Miami, a municipal corporation of the State of Florida day of , 2009. Miami -Dade County, a political subdivision of the State of Florida By: By: Pedro G. Hernandez, Mayor Carlos Alvarez or designee City lv aii_I.gei ATTEST: By: By: City Clerk Deputy Clerk Southeast OvertowniPark West Community Redevelopment Agency, a public body corporate and politic By: Jaynes H. Villacorta, Executive Director AI JEST: Bv: Priscilla A. Tbornpson, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY: By: Assistant County Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Julie O. Bra, City Attorney Submitted into the public record in connection with item #(,. on C1'2-4-1'-07 . Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS FOR SEOPW CRA: By: Julie O. Bru, General Counsel Submitted into the public record in connection with item # 10 on 7-2,4 . Priscilla A. Thompson City Clerk