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Home My WebLink AboutInterlocal Cooperation Agrmt. - #12019NOU 20 2001 16:41 FP HOLLAND-KNIGHT , TO 93053581610 NIX NU. SUb sa -o tut JU:inn t;K Co CNTERLOCAL COOPERATTOr'REEMENT F.02/12 N. OZ/ 19 �. 1' I9 — /9-6 v — THIS AGREEMENT, made this 2L1.41 day of , 1996, by and between Metropolitan Lade County, a political subdivision of the State of Florida. (the "COUNTY"), the City of Miami, a municipal corporation of the State of Florida, and the Community Redevelopment Agency for the Omni Redevelopment Area (the "CRA"). WITNESSETH WHEREAS, by Resolution No. R-825-87: and Ordinance No. S7-47 the COUNTY has approved a Redevelopment Plan, as may be amended from time to time (the'Plan"), and a Tax Increment Fund (the "Fund") for the Omni RedevelopmenvArea (hereinafter referred to as the "PR; and "WHEREAS; the PROTECT will take place within the corporate limits of the City of Miami, Florida (the "CITY"): and WHEREAS. pursuant to Ordinance No. 87-47 and in accordance with the provisions of Sections 163.357 and 163.410, Florida Statutes, the COUNTY designated the City Commission of the CITY the CRA for the Omni Redevelopment Area and said City Commission as the CRA hereby intends to enter into this Agreement with the COUNTY; and WHEREAS. the COUNTY intends to construct a Petforming Arts Center which will be located within the boundaries of the Omni'Redevelopment Area and will be part of the PROTECT; and WHFREAS, the COUNTY has approved the public portion of the financing of the Performing Arts Center, which public financing will utilize, in part_ tax increment revenues franc • the PROJECT; and . W1r MG1-34M r . 1 UOU 20 2001 16:41 FR HOLLAND-KNIGHT TO 93058581610 P.03:12 LL Ou 1V• 1 V 1111 v1111 • .w. 11v._ J -.v,v 1 • V J• ♦ V WHEREAS. the COUNTY will assist the CRA in carrying out the PROJECT by developing and financing the catalytic project, the Performing Arts Center. utilizing, in put, tax increment revenues as described in the Plan: and WHEREAS. the COUNTY and the CRA desire to provide the manner in which the COUNTY shall have overall responsibilities for the Performing Arts Center, and the CRA shall have overall responsibilities for the remainder of the PROJECT; NOW, THEREFORE, the COUNTY and the. CM agree as follows: I. CRA AND COUNTY RESPONSIBILITIES A The COUNTY shall have the sole right and responsibility for planning. surveys. land acquisition, construction management, and all other community redevelopment undertakings, activities. or projects and related activities as defined in Chapter 163, Florida Statutes, relating to the Performing Arts Center as shown in the Plan, The COUNTY shall have the right to ensure that the CRA is complying with the South Florida Building Code in all development activities of the PROJECT. Encxpt as otherwise specifically included herein, the CRA shall not have any rights or responsibilities in connection with the development or construction of the Performing Arts Center. B. The County Manager shall designate County Project Coordinators who shall be primarily responsible for carrying out all aspects of the PROTECT relating to the Performing Arts Center. and spexafically those aspects specified in paragraph I.A. The County Project Coordinators will provide quarterly reports to the CRA of any COUNTY activity associated with the Performing Arts Crater and will carry out the daily responsibilities of such activity. J NOV 20 2001 16:42 FR HOLLAND-KN I GHT 248 TUf 10 ! 16 AM CID • TO 93058531610 P.04/12 fHI( NU. 14040 C. The CRA shall designate a CRA Project Coordinator, who shall be primarily responsible for carrying out all aspects of the PROJECT other than those relating to the Performing Arts Center. The CRA Project Coordinator will provide annual reports to the COUNTY of any CRA aetiviry associated with all such aspects of the PROJECT. D. Specifically, the CRA Project Coordinator will be responsible for. implementing the Plan, other than the Performing Arts Center: developing proposals for financing the PROJECT, other than the Performing Arts Center, coordination of relocation activities; and coordination of the design and construction of public improvements necessary to support any CRA administered redevelopment activity implementing the Plan. (wine •:all exclude any redevelopment activity !elating to the Performing Arts Center). l7. PROJECT ACTIVITIES A. Land Disposition 1. With the exception of any activity associated with the Performing Arts Center, the CRA shall be responsible for all land acquisition, including the use or eminent domain to acquire land. 2. With regard to any CRA redevelopment activity unrelated to the Performing Arts Center, the CRA shall prepare project marketing materials and shall be responsible for.advertising for developers to submit proposals. 3 Any disposition of land for the PROJECT shall be accomplished in accordance with applicable federal guidelines, applicable provisions of state law, and established PROJECT guidelines. 44RelloeC1.101 3 233 NOV 20 2001 16 : 42 FR F DLLAND-KNIGHT ,,,;r_cc_oo tut Ju. km CM TO 9305e5811610 FNO. 3053724646 P. O. 4. The CRA may convey CRA-acquired land to a developer for fair v e for use in accordance with the Plan and shall deposit the proceeds from the sale or lease in th to be utilized in accordance with the PROJECT nudger and Chapter 163, Fiori • a. Statutes. R Other PROJECT Activities 1. With regard to any CRA redevelopment activity unrelated to the Performing Arts Center, the CRA shall be responslble for the administration and funding for all relocation activities. The CRA may contract with COUNTY agencies to assist in residential relocation. Z. With regard to any CRA redevelopment activity unrelated to the Performiug Arts Centers -the CRA. shalt design and construct public improvements necessary to support the redevelopment of the PROJECT. The CRA shall determine and ensure that such activities comply with appropriate federal, state, and local regulations relating to affirmative action and race-eonscious concern. 3. All redevelopment activities conducted under the mints of this Agreement r,gil be in accordance with the Plan. Any amendments to the Plan must have the prior approval of the Board of County Commissioners of the COUNTY. C. PROJECT -Financing 1. The CRA shall administer and manage the Fund as required by law and develop and pr l�te,ru-les, regulation.% and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of pr oeedur s whereby the COUNTY may, expeditiously and without undue delay, utilize such funds in accordance with the COUNTY approved budget for the Performing Arts NOV 20 2001 16:42 FR HOLL4ND-KNIGHT p-22-98 TUE 10:18 AM CRA • TO 93058591610 FAX HO. 305312464 P . 06' 12 P. OG/19 Center, and whereby the CRA may, expeditiously and without undue delay. utilize the funds,_ r other -than those dedicgted to the Performing Arts Center, in accordance with the I COLNt'Y-approve3 udge for those aspects of the PROJECT not related to the Performing Arts Center. In furtherance- u expeditious utilization of such funds for the Perfomung Arts Center, the CRA shall t critic to the COUNTY no later than March 3 l st each year, beginning with the first calendar year in which the COUNTY has bonds outstanding as of January I of such 3.ear, which were issued for the purpose of financing the cost of construction of the Performing Arts Center (the "Perforating Arts Center Bonds"), up to, but not more than the first one million four hundred thirty thousand dollars (S1.43 million) of tzx increment trust fund revenue for the purpose of paying debt service on the Performing Arts Center Bonds (the "County Debt Service . Payment"). provided such funds are available in the Fund. The CRA's obligation to pay the 51.43 million each yearshall cease at such time that the COUNTY has no Performing Arts Center Bonds outstanding. If the COUNTY sells bonds or incurs indebtedness with regard to the Performing Arts Center. the COT TNTY shall ensure that all documentation relating to such indebtedness or bonds shall Emit the liability of the CRA to such S1.43 million per year, subject to availability of such timds, and the COUNTY will indemnify and hold the CRA harmless for any liability in excess of the $1.43 million per year as originally committed. • Over a three year period of time commencing the year this Agreement is executed a total of one million two hundred thousand dollars (Si .2 million) of tax increment funds shall be contributed by the CrtY and COUNTY for redevelopment purposes pursuant to the Plan, other than for the Perfbrrning Arts Center, provided such funds are available in the Fund. Any 5 •:tlavrauctwr ��c F.07/12 NO.) 20 2001 16 = 43 FR HOLLAtND-KNIGHT SEP-22-98 TUE • 8 AM CRA TO 93053581610 OAK NO. 3053724646 tax -increment funds collected in excess of the S1.2-million shall be remitted to the County fo: Performing Arts Center Project. The CRA.shaIl be annually compensated fnr all administrative services rendered with respect to any and all aspects of the PROJECT and the Fund subject to the availability of rev in the Fund. Such administrative expenses payable out of the Fund shall be capped at an arnoi nor to exceed twenty percent (20%) of the annual budget approved by the COUNTY. • 2. Upon receipt of a written report from the COUNTY detailing the prop( annual expenditures for activities associated with the Performing Arts Center, the CRA shall prepare and submit for COUNTY approval at the beginning of each COUNTY fiscal year an annual budget in a format approved by the COUNTY for all aspects of the PROJECT end Funs ��-� including the Performing Arts Center Bonds as outlined in paragraph C.1. and any other debt obligations. Failure by the COUNTY to approve the budget shall have no impact on the Count Debt Service Payment. :3. The CRA and County lvlanagcr shall determine that any hiring relative to the implementation or the Plan complies with appropriate COUNTY and CITY regulations relating to affirmative action and race -conscious concerns. 4. The COUNTY shall issue all bonds secured by tax increment revenues until the earlier of (i) five years or (if) the issuance of bonds or the incurring of debt by the COUNTY for the Performing Arts Center in an amount not less the eleven million nine hundrec eight thousand dollars (Si 1,908 million). Thereafter. 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. The subordination of bonds J 6 4.110.7Dr ersml . NOU 20 2001 16:43 FR HOLLRtJD-KNIGHT TO 93058581610 P.08/12 • issued by the CRA referred to in the preceding sentence shall relate only to the first $ 1.43 million of tax increment revenues reserved for the County pursuant to the provisions of IIC1. shove. 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 County Debt Service Payment foi any reason notwithstanding any other activities, actions, claims, or causes of action related to the PROJECT. D. Citizen Participation 1. To carry our the citizen participation process, the CRA shall utilize the HUD Advisory Board and a community advisory board to be established by the CRA (collectively the 'Citizen Advisory Groups`) for community involvement and coordinate CRA and COUNTY community involvement and consider citizen input in the redevelopment of PROJECT activities. E. Project Management, Administration, and Coordination 1. The COUNTY shall: A. Provide the CRA with a Plan of Action with respect to those aspects of the PROJ'CCT related to the Performing Arts Center. This provision shall not be deemed to require the approval of the CRA with respect to any aspects of such Plan of Action- b, • Develop an implementation schedule for all PROJECT activities related to the Performing Arts Center. - c. Monitor such implementation schedules and timetables. d Submit annual progress reports to the CRA Project Coordinator alit! the Citizen Advisory Uroups beginning one year from the execution of this agreement. e. Submit additional interim reports upon the request of the CRA. 7 r . 237 TO 93P53581b10 F.09/12 NOU 20 2001 16 43 FR µOLLAND-KNIGHT rHx NU. JU031L4040 — St.r-44-Vd iU1;, lu:1y girl Umh410 r. ua 2. The CRA shall: a. Provide the COUNTY with a lan of Action with respect to thosc aspects of the PROJECT not related to the Performing Arts Center. This provision shall not be deemed to require the approval of the COUNTY with respect to any aspect of such Plan of Action b. Develop implementation schedules for all PROJECT activities not related to the Performing Arts Center. c: Monitor such implementation schedules and timetables. d. Submit annual proga css reports to the Ca4►5/ Project Coordinator and the Citizen Advisory Groups beginning one year from the execution of this Agreement. e. Submit additional interim reports upon the request of the COUNTY. III_ ASSURANCES A. At part of this agreement the COUNTY shall follow applicable federal and COUNTY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. B. As pail of this Agreement the CRA ghs 1! follow applicable federal and COUNTY and CITY regulations concerning affirmative action and race -conscious concerns in the hiring of all consultants. C. All powers not specifically delegated to the CltA in this Agreement shall be reserved exclusively to to Board of County Commissional of the COUNTY. Specifically, the 1Lw 238 P.10/12 I • l we -98 WE 10:20 Ali CRA NOV 20 2001 16:43 FR HOLLAND-KNIGHT TO 93059581610 FAX NO. 3053ti4ti following community redevelopment powers shall continue to vest in the Board of County Commissioners: (a) The power to determine an area to be a slum or blighted area_ or combination thereof to designate such area as appropriate for community redevelopment: and to hold any public hearings required with respect thereto. (b) The power to grant final approval to the community redevelopment plan and n»difications thereof (c) The power to authorize issuance of revenue bouds as set forth in Section 163.3g5, Florida Statutes. ENTIRE AGREEMENT This instrument and its attachments, if any, constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force oreffect. v, AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing. and signed by both parties. 9 239 TO 9305b1o" NW 20 2001 16 : 44 FR HOLLLAND-KNIGHT' • • W WITNESS WHEREOF, the parties hereto have caused this Agreement to by e;ccute in their names by their duly authorized officers and the corporate seals to be affixed hereto, all of the day.and year first above -written. COMMUN t 1 Y REDEVELOPMENT AGENCY for the REDEVELOPMENT DISTRICT ezr.ildi4A Miler J. Da Chairman of the Board WITNESSES: Walter Foeman, City Clerk o. 6r-ed4,11,fi/ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hollasid & Knight CRA CounscI METROPOLITAN DADE COUNTY, g political subdivision of the State of Florida arido V•. , P County Manager • APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert A. Ginsburg , County Attorney NOV 20 2001 16:44 FR HOLLAND-KNIGHT . TO 93058581610 P .12•' 12 FAX 'N0. 30 2A848 6 TUE 10:21 fill CITY OF MIAMI a municipal corporation off "tate of Florida Cesar H. Odio City MsnaBer WITNESSES: etee? Wa F City Clem APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • 44, A • ' . 1 ones .e City Attorneyirir 11 241 *.* TOTAL PAGE.12 **