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HomeMy WebLinkAboutInterlocal AgreementRevised; March 18, 200i1 xNTERLOQAJ . QOOPERATION AGREEMENT THIS 1NTERL OCAL AGREEMENT Agreement"') is made as of the let day of March, 2000, among the City of. is i. (the "City"), a municipal corporation organized, under the laws• of the Slate of Florida, having offices at 444. S.W.2nd Avenue, Miami, Florida 36123, tha' Southeast' Overtowsait'a k West Community 'Redevelopment Agency (the "S1.OPW CRA")„ a'public body .corporate and politic of the State of Florida, and .the Community Redevelopment Agency of the Orani Area (the "Opm m CPR), a public body corporate and politic of..the State of Florida, having offices at 800 Bisowne Boulevard Way, Suite 480-, 'Miami, Florida sun. WIT-N.E s.ETH WHEREAS, S, it is the purpose and. the Went of this A Bement and the pis hereto and consistent with the Florida laterboal Cooperation Act of W69, as amended (the "Cooperation .Act") to permit the City end the Miami CRA, as hereinafter ft deed, to make the most efficient use of their respective powers, resources and capabilities by enabling them, to oc bperate on the basis of mutual advantage and thereby to provide the services and achieve the results provided for herein; and WHEREAS, the SEOPW CRA and the Omni CRA were created pursuant to the adoption of Ordinance Nos. 1.671.82 and 11248-9 , respectively,; and WHEREAS, the City approved and adopted the Southeast Overtown/Eark West Community Redevelopment Plan, pr. scant to Resolution Nos. 82-7154 and 66.1247, and. the Omni Areal development elan., pursuant to the Resolution Noa. 86.868 and 87.644; and WHEREAS, pursuant to Section. 108.410, Florida Statutes, Mimi Dada County'has delegated community redevelopment powers to. the City, and WHEREAS, than Omni OM and the SEOPW CRA a,ro responsible .for coming out community .redevelopment activities and'prooeiits in the Omni Redevelopment Area and the Southeast Overtowz ark West Redevelopment Area, xespectivsl* established pursuant to the Redevelopment Plans, as hereinaiber defined; and WHEREAS, the boundaries for the Redevelopment Areas, as hereinafter defined are provided for in Exhibit A, attaebed and incorporated heroin, as may be amendect from time to time; and WHEREAS; it is consistent with the purpoee of the Coopilration Act to provide; a means by which the City* and the, , .term CRA .May jointly exercise the powerpowen, privileges and authorities that they share in common and that each might exercise separately, but which pursuant to this. Agreement and the Cooperation Act they may exorcise collectively, including but not limited to the wanner of providing J1naxxaial assistance and resources needed to accomplish the planning, design, development an d implementation necessary for the undertaking}Old carry x g Cat. of the community redevelopment projects. in. the k tadevelopznent Areas as provided herein and in the Redevelopment; Plans; and WHEREAS, the City and Miami ORA desire herein to provide for their mutes and respective understandings, agreements, rights, duties and obligations pertaining to the Planning, design development and implementation of the Projects, (as hereinafter deed) and the necessary staff,, consultants ail other service providers related thereto; and • WHEREAS, the City and Mend., CIA desire to. facilitate the financing of tho Projects for the =.rent basal Year and :fox future years, pursuant to the terms .of this. Agxeement.and related agreements as providedherein; and. WHEREAS, theCooperage* Act and the Florida Community Redevelopment Acts of 1989 permit intergovernmental coordination between the City and Miami CRA fvr; a) cull in services rolating to finaa.cial support; (A) the use of certain City employees; and :(xii) other assistance related to the. Projects. and Altura • projects; and WHIRL, the financing of the Projects and providing of employees to carry out services associated with the Projects. win farther governmental purposes and•he of substantial benefit to the City and the. ia.n:i CAA, and WHEREAS, the Miami CRA'a provision, of program management, technic assistance, planning, coordination, development and other services necessary for the Projects will A her the interests of the Miami CRA. and the City and shall serve. a public prose by, amoral; other thixags,aiding an the elimination of slums and blighted areas and advancing the public health and general welfare- and will result h the. coordination, develaprent, implementation and completion of the Projects in the Redevelopment hkroas, and WHEREAS, it is neoossaxy and appropriate for .the parties to provide for intergovernmental. l. cooperation and to cooperate and. 'jointly proceed as provided. herein; NOW, THEREFORE, in consideration of the premises and • the mutual covenants .and obligations .heroin contained and subject to the terms and conditions hereafter stated, the City and the Miami ORA agree as ,fellows: 2 ARTICLE I AUTHO TY This Agreement is entered into pursuant to and under the authority of the provisions of Chapter 163, Florida Statutes and the Ordinances and Resolutions noted above. ARTICLE II w DEFINITION'S :I, Definitions s The terms defined in this Section 2,1 shall have the following meanings for proses of this Agreement when initially capitalized herein. •( .) "Acts' mews Part I arid Part III, Chapter lea, Florida Statutes. (b) "Agreement" .means, this Interim.' Cooperation Agreement, including any exhibits hereto; as the same may be hereafter amended from time to time. (o,) "Base Year" meats the Fiscal Year 1999. ( "City" means the City of Miami, Florida, a. rrat nioipal corporation, org ad under the laws of the State of Florida, and any suecessors thereto orassigns therrof. (e) "CM Board" means the Board of Victors of the 11 iar CRA. (1) "Effective Date" Means the date as determined by Section 12.5 . hereof on which this Agreement becomes, ci cti e. • (g) "Expfratioza Date" means thedate on, which this Agreement terminates by its own toms as provided in Section WA hereof; .(h) "Fiscal Year" means the fiscal years of the City. and Miami CRA. commencing on October .1 of each, year and ending on the ne.xt succeeding September 30. • (i) "Five Year PragrareP1an" means tb vc (.5) year program plan for the execution of I'rc eatp as set �h in. Article VIII.... _ ., ) "HUD Funs" mean gents of moneys the City receives from time , to time front. the United States Department of Housing and 'Urban Development, including but not liicnited to community .development. block grant funds ("CiDBO 3 f4! Funds"), HOME Tnveetment Partnership funds ("HOME . `urads"),' grid ether similar funds,.... . (k)"Miami ORA" means eellectiveiy the Southeast ast Ov' rtowniPark West ComrmuniV Redevelopment Agency and the Omni Area Community - Redevelopment Agency of the City of Miami, them successors or assign, ' (1). „Park Bond F inde" mean grants of moneys the City receives from time to time from Miami Dade County Safe. Neighborhood Park Bands issued for capital improvements for existing parks in the City, (m). 'Projects" mean the eommunity redevelopment projects and related activities as defined in the Act within the Redevelopment Areas annd approved by the City, (n) " tede,velopment Areas" mean the Omni CRA Redevelopment Area and the Southeast Overtowr &Park West OVA. Redevelopment next Area as provided within the Redevelopment Plans as herein defined, as the same may be- herelafter amended' from time to time se described on Bxhil t A, (o) "Redevelopment Mans" mean the. Southeast. QvertowxviPark Went Area Community Redevelopment Plan approved .by the City in Resolution Nos. 82 785 exel 85.1247, and the Omni Area Redevelopment Plat approvedby the City in Resolution Nos. 3-8 38 and 87.804, as the same may be hereafter amended from time to te. • ARTICLE III . PURPOSE; FIN'DlN' , INTENT 8.1 Purpose The Miami CM and the City acknowledge and agree that the purpose of this Agreement is to set forth the cooperative relationship between the City and the Miami CRA, the xaspeetive duties and obligations thereof and the proeeduree to be followed by the parties hereto in order to undertake and carry out the financing the program management, technical rill sta,txce, pint g, coordination, development and other services. millenary for the projects and the services of staff, consultants and others necessary ,for the Projects, a.2 Findings The CitY and Miami CRA hereby ascertain, determine, .clue and and that: (a) Prejeets that 'anther the legislative findilgs 'of the Aat and the relatect goals, pxtrpaees, and objectives of the Redevelopment Plans shall make a 4 significant contribution to the redeveloprent'af the Redevelopment Areas and shall serve a public purpose by aiding in the elimination and prevention of slums and blighters areas, and providing affordable housing, and therefor advancing the public '. health and general welfare of the Redevelopment Areas. (b). The Di/Bald CRA`s undertaking of the program .management, technical assistance, project administration, plarming, coordination, development and provision, •of other services related to the projects shall further the interests of the City and the ]ti'aiarti CLA., and wM result hi better coordination, n, efficient management and timely implementation of the development of the Projects. (o) It is necessary end. appropriate for the City and the Mini CRA to cooperate and proceed as provided herein, I.xtent Cooperation; Exercise of Rowers. The parties hereto agree to cooperate and assist each caller in achieving the , purpose set forth .n this Article. Each of the parties hereto does hereby grant to the oth.er,parctiea hereto and does acknowledge that the other parties ay; in furtherance of the purpose of this Agreement, exercise, any and all powers legally available to that party, which but for this Agreement, the other parti .s may not be able to exercise and which by virtue of this Agreement may be shared with the other patties and be exercised separately and collectively, subject to the limitations of Chapter .168 of the Florida Statutes, 4. BA Designation The City hereby designates SEOPW CRA. as the exclusive party respo tsible for the planning, development, pro ram management, technical assistance, poor Woe, project administration, monitoring and other services required for the completion of the Projects within the Southeast Overtcwo./Park West Redevelopment Agee,. The j SEOPW ORA hereby agrees to carry out its duties and functions as such designated exclusive party in accordallU6 with the terms of this Agreement, - The City hereby designates Ozruii CRA as 'the exclusive e party respar lb1e trr° the planning development, program management, technical assistance, coordination, project administration, monitrai xg. and other services required for the completion of the Projects within the Oxnnt.Redevelo,pment Arca. The Omni. CRA hereby agrP40. .. carry out its duties and functions as such designated exclusive party in accordance with the terms of this Agreement. The City further declares the Miami OM to be a subrecipiexit of the City and . afforded the same rights and privileges of 'ani other atrbrecipient receiving HUD Funds, The Miami CRA, shall comply, with all applicable federal, state and local lays nd Legul:ations relating to the.' ,TD Funds andlor any •other funds received by it from. ,the City. For 'such. purposes, the provisions of OMB Circular A.1.02 . "FCrarrta and Coo erative Agreements With State and Local Governments as amended Ault 29, 997) as hereafter amended, are attached and. incorporated hereto as Exhibit C. ARTICLE. IV - FINANCIAL RESOLTECEb9 TO BE PROVIDED BY THE CITY' 4.1 Cit is commitment to &tiding, The City hereby agrees to provide financial support to the Miami CR,A: for the planning, development, program management, technical assistance, eoord1r ation, monitoring and other services needed ibr the Proje a undertaken pursuant to this Agreement. The City and Miami CAA. hereby agree that: • G) Et t e nc g .a •. The City and Miami CRA shall,, by sefierate resolution, agree to a five year funding plan ("the 'rive Year Funding Plan"') for the Miami. CRA relative to this Agreement. Sueh handing shall be subject to the annual appropriation, allocation and approval of the City Colmrnieon ,and. subject to the City:a receipt of any fends not originating, with the C tyr and the Five Year Fionling Plan shall be coordinated. with the Five Year Program. Plan to be established in accordance with Article Vill of this A.greerent. The .funds shall be held and administered as provided in Section. 4,4 of this Agreement, Each year the Five Year Funding Flail shad be .amended to reflect the sources awl mount of funding to be provided by the City to the. Miami .CRA, -and the Projects to be tuidertaken by the Miami CRA as reflected in.t;bo Five Year Program Plan, as amp. e may be amended, (b) dm" 's. x ivy ezx a, The. Miami Cam. shall not use any , at community developxn nt black grant funds (hereafter referred to as'CDBG Funds") received from. the City for .aciminiAtrative expenses (as deed . 24"CFR Pit 579), ,. without. the prior written approval of the, City Manager. The Miami CAA shall use Bands received from other eources for any necessary administrative expenses, ems, 4.2 .Base Fear co ne oe The .City and 11/241aroi CRA agree that the. base year for the purposes of calculating the City ,ongoing commitment to had lictivltiea of the. Miami CRA puxstiant to this Agreement shalt. be Fiscal Year 1999 (the "Base Year"). For Fiscal Year 1999., the City hereby agrees to the following, all subject to the availability of such hands: (a) Preget Plan:. rot. the Base. Year; the Miami CRA, shell receive I D Funds for those Projects agreed to by the City. •(b) eneral Fund Sn p,rt. For the Base Yeail the amount of $2791488 sly be provided by the City to the Miami CPA fbr other namesmy expenses ,as. agreed to by th City) pursuant to a budget subrmitted to the City by the Miami and apprawed by the. City. Snail budget shall be prepare1;.. by the Miami OrtAata ' rdaxace with the City's animal budget process, Such fu.nds'shall be expanded. ae ;rovi.ded heroin., unless • the Miami CI A'has Exst:iet:ured the written .per mission of the. City, ' Section 4,2 (c) of the Agreement is amended to read as follows, at g coSts iaac bft B hereto' (c) program Operations Expenses of Opnera Fund Support, Far the !I not .exceedin, • Base Year and each Escal Year thereafter through September 3.D, .2on, ''. for operating costs including the sslaties and benefit cif the City ' employees designated on Exhibit )3 hereto, and fox' other staff p.exsonnol contracted for directly by the Miami CPA not exceeding a.Basa Year =omit of $379,900, unless agreed to by the City. ' the $11.,500,0 paid by the h it. ii eative October 1, 2002. for Fiscal Year 2002-2003 and for each ant ,that, in tht Fiscal Year thereafter, $379 900 shall be provided by the City to the ity t ��'yy��yyyy��� Miami CRA from the City's ener•al Fund, . paythe'Para.w, 1G.1V.4 lJ1.1)0 l,Jautu,, . w..aalGlw WKv...a W.r...., .mow,.., ..,.Vw ..,..,—.._.— _ ) The debts :rvica obligations associated with the Section 108; loan in the amount of $6,100,000 -(.pproved b 1990 and drawn n i9 4) shall be paid by the- Naarci CM. To the extent that, iu the City%'Sole incipient, the Miami, ORA does not have the fizancial ability toi pay the same, the City shall fund such debt 'service obligations from its available allocation of Section 108 funds. (a) Other nariciai Supporp, The City may alto provide to the Miami • CAA finnuoial. support .other than. the Ananaial resources and support specifically idexr eed heroin, Reallocation and Rollover of Unexpended Winds Any unexpended moneys, inelvling.monies due and payable to the liarCam:, not obligated or encumbered by the Mimi 013,A deri,ed ;From the sources of funds o provided, in this Article and unexpended at the end of any fiscal yea', shall be reallocated and carried over into the. next Miami. ORA 6i.scal year,, subject to 'HUD and . other funding source regulations and requirements, ments, the requirements of any. related agreements or bond covenants and the City's prior approval. 4.4 Disbursement of Pfinding to Ficluclav of Miami ORA The City's Vinance Department shall be the fi.at,lciary for the SEOPW CM and the Omni CRA if requested to s rve , M. such fiduciary by the SEOPW CRA ar &or the Omni Cam, reopectively, The .City's Fi, axxee Department shall conduct of its activities in Cab x gard .ceordaz cs- with ge serially accepted accounting, principles. 7 Tha,S1O?W CRA and the Omni CAA. may seash..designate a 'different .6.duciaary appropriate resolution. ARTICLE V:l ERSON ELAN OTHER RESOURCES TO BE PROVIDED BY CITY 5.1. 'Use of City Personnel, (a) The City hereby agrees to provide and designate the City employees listed en .E bibit B to serve as fcxll.txme at, to the l iuni CRA fey the program management, ment, planning, coordination, technical assistance and other services needed by the. Miami CRA. The City Manager is hereby authorized to provide, on the request of the Miami Cam, for the annual detatling to the Bari CU of full One and part time City employees from the various departments of the City providing serviees to the Miami CfAA. For the Rasa Year as provided in Article IV of this Agreement;, the City agrees that the employees designated Exhibit B .a hall provide full time service to the Miami, G A. Any employees hired by tho Karat CRA air the riffective SMato of this Agreement, shall not be. City .employees, unless otherwise agreed to by the City Manager. Any detailing of City employees to the Miami CRA shall be consistent with the Ci y's policy regr iir g the detailing of personnel. (b) • The City employees designated. to ,serve are full time staff to the Mai ORA shall continue to receive all the benefits provided to other City employees related to their employment nt with the. City, e apt that the, daybto,day duties d' supervision of the employees than be. detern ed and provided. by the Miami Cl uu1ese otherwise decided by the City Manager.. Such, employees shall adhere to all City rules and regaiaims regarding employment (e) The City Attorney shell serve as cooled, to the i CRA ► e , ha'i..014,1et .40,E ,cit a general toOsel, provided that nothing herein ehall prohibit the Miami OR , from 8i'ta tope ra counsel. (d.) The City Clerk ,shall serve as' the o +custodian of records and d.ocuments for the meetings of the .Miami CRA., The City Clerk or his or her designee, shall keep the mites of the proceedings of theMiami 'CRA. maintain tain a *anal of aril resolutions, publish notine of meeti .gs is required .by law, and perform all other sitar functions orf behalf of the Miami CRA. (e) The City shall. also provide the CRA with they assistance of such other Cityeinployees as may y'be requested by the Miami CRA., upon the approval of the City Manager, In furtherance of this provision, the City Manager ager and Miami ORA. sba, aagne, in writing, on the general scope serviceii to be ,providedby suoh CiVy employees; however, the final approval of any'udh services droll be within the City, Manager's sole discretion. (f) In furtherance of the intent of this Section 6.1, the Miami CRAM use of City personnel shy be detailed. in a separate. agreement as may be required by the City Manager between. the City, and the Miami CRA which agreement shall provide for reiraburseirtont by the Miami CM for the use of City employees. Such agreement shall comply with all applicable provisions of Seetion 112.24 of the Florida Statutes. 5.2 Selectionof Certain, Strom of CRA ' The Miami ORA is hereby authorized ib employ or contract with sum persons and consultants that it deems ,appropriate, and to determine their qua ea( , 'duties and compensation. ARTICI.8 Mr. RtSPONSItILITIES OF Tkll M Aiv -CRA 6,1 Responsibilities of Mara CRA (a) The 14fiami CM shall be responsible for the piarnig, development, program management, technics assistance, coordination and other services necessary•for the completion of the Projects, . 0,1 (b) For the un:ahrg.cffpxojects future persas p of the lines ,•,> annual budget pracessLth fami' ORA shy prepare and su.%.-_ t —the -OW " : a recl-la dg'et wE identifies the projects and activities. to VeTannedi— s , iivelope implezneuted and carried out by thewriceR i or to the appropriation, ' l+ ailiu and a isr e h. rk° e y rircl t. The budget process of the Mini CU eh&l bi a r" ice with the Caity's annual leakget process. (o) arcrerrdxneiite, modifications or alterations. of the Projects shall require the -Ci 's prior approval,, 6.2 Reports to the City. The h ,r ii CRA shall prc, ide to the City status reports regarding the Projects. Such reports- Shan be provided to the City at'tuch time or times. as the City may require, .Any reports. required pursuant to any Project ,mod agreement AO be provided in. acccrrdax ce with such agreement. ARTICUi Vie COdPE AT[C " ON CCi M YNITY REDEI,Ii0PiiaNT INJPL4TN S f 7.1 Mutual Cooperation Between the Parties, 9 Do further enhance the- co. mmurthy redevelopment activities in, the City, the City and Miami CIA hereby agree to:. (a) Work together for the incorporation and support of the legislative priorities and initiatives of the Miami CRA into the eity's legislative priorities and ir>.tiatz asw 14 (b) Work .cooperatively upon the. approval ei"any legislative initiative of the Miami CRA, (a) Coordinate the delivery of mmunricipal serviCes associated with any Miami CRA Project(s) with the scheduling activities of the Proje (a). The City Manager, or his designee, and the Miami CRA Director of Operations and Administration, or his designee, :shall be responsible for such coordination. A ARTICLE III - ESTABLISHMENT OF FIVE VELTMAN 8.1 Establishment of Rye Year Program Plan,. .(a) Tha City and Miami CRA shall prepare_ a fva (5) Year plan for projects aid activities to be undertaken by the Miami CIA pursuant to this Agreemeht (the "Viva Year Program Plan"). (b) The Mkrai ORA hereby agrees to be responsible for the preparation of the five Year Program Plan. Such plan shall be presented for review said acceptance by the City Commission after approval by the Boards of Directors of both the S OPW C A and the Omni CRA, The rive Year Program Plan shall be updated annually by the Viarxi CMand be presented for review and acceptance by the City Com:mission after approval by the .Boards of Directors of both the $1;OPW CRA and the Omni Cl. (o) Subject to the availability of finds and appropriation by the City Commission, the City shall fund the overall elements of the rive Year Program Man approved by the City Commission, ARTICLE IX w .EXECUTION Or RELATED AGREEMENTS Execution of Any Reciuired Agreements , If the nature or use of the HUD Funds. s, Park Bend V nds or any other source of funding provided by the City to the Miami CM. pursuant to this ,Agreement requires the City and Miami CRA to enter into en agreement relating to a Projiect(e), such agreement shall be in accoidanee with .all applicable rules and ,regulations of the funding source. 10. Execution of Related Amernents AR agreements shall be executed by the Executive Director on behalf of the Miami CRA and the City Manager on behalf of the City, upon the approval of the City Commission. ARTICLE X » TERMENATION 10.1: Termination. This Agreement shall terminate 111)0111, the dissolution of the Miami ORA or by resolution of the City Commission. Arrs W Y4 AMA lEENY.6AT1 1 $; Yi NIBS, tiY T imAN W 1.1~ Representations and Warranties and Covenants of the City The City represents, warrants and covenants t s to the Miami CIA, that oath of the followingstateinents is presently tree and accurate; (a) The -City is a validly existing municipal corporation organized under the laws of the State of Florida, has all requisite .corporate power and authority .to, carry .n its business as maw conducted and to perform. its obligations under .;this. Agreement and each document contemplated hereunder to which it .is or will be a ?ate. ' b» The Miami ORA "e call wordivate all community redevelopment activities in the 1 development: ea:s.' (a) The City shall continue its redevelopment activities throughout the City, except as provided in this Agreement. ( This Agreement has been duly authorized by all neoesaarr action. OA the part of; an.d. has been, or will be, duly executed and delivered by the City, and neither the execution and delivery' hereof, nor compliance with the teens •cud provieions hereof, (i) requires the approval and consent of any other party, except such as have been duly obtained or as are s rec*ail y- cited here., (ii;} contravenes any existing law, judgment, gov'armaentAi rule, regulation or order applicable to or 'binding on any indenture, mortgage,. deed of' trust, bark,k loan ox credit- agreement,. applicable ordinances, resolutions or, on the date of tbis Agreement, any lather agreement or instrument to which the City is a party, or OW contravenes or results in any. breach of, or default alder any other agreement to which the City ill a party; ar Ate an the creation of any lien .er enc branne upon any property- of the City, ' (e) Thie Agreemerit, when entered, constitutes. a legal, valid and binding obligation of the City, enforceable against the City accordance with the terms hereof except as such enibxceability. ay be limitbd by public policy or applicable bankruptcy, insolvency or ,similar :love from time to time in effect which meet creditors' frights generally aid subject to usual equitable prino p1es in the event that egttitable remedies ars involved. (f) There are no pending or, to the knowledge of the City, threatened actions or proceedings before any court or administrative- agency' of the City, or against any o K+ter of the City, which question the validity of this Agreement or any rlcseument contemplated hereunder, or which are .likely in any case, or in the aggregate, to riiaterialiy adversely a ct the consunimation of the transaction contemplated hereunder of the financial. Condition of the City. • (g) The City shall continue to fulfill ite obligations to deliver and provide municipal services hi the Redevelopment Areas, Upon on the oe=q311013 of a conflict between the Miami CR& aid the Oity relative to the provision and.delivery of services within the Redevelopment .Areas, the deal lon. of the City Attorney shall f/ control. (h) The City encourages the lsiliarei ORA and agrees to assist the Miami ORA, to the extent determined by the City l a.nager, to .apply for and aoek state, federal and corporate grants sand e rppoa. (i) To the extent permitted by law s,nd to the extent • the same shEM, not violate any rule or regulation of any applicable ftrndlng source, the lvlianai CRA shall be able to seek funding from other resources .other than the laity to support the Redevelopment nt plans, - l 1,2 .Representations aid Warranties and Covenants of the C ,A The Mend CPA represents .and warrants to the - ity that each of the ;following statements is pmadly true and accurate: (a) The lliem{ C A is a body corporate and politic wider the laws of the State of lillorida, separate and distinct from the City, has all requisite corporate power and authority to oar}y on it business as now canduoteci and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party, (le) This Agreement has bon duly authorizers by all neoesearf action on the ,part of, and has been, or will be, dusty executed anal delivered by the Maw ORA, and neither the execution and del very hereof, in compliance with; the .terms 12 ; and provisions hereof, (i) requxx s the approval l and consent deny other party, except such as have boon duly obtained or as are opeciiIcally noted herein, (i) contravenes any existing law, judgauont, governmental rule, regulation .or order applicable to or binding on any indenture, .mortgage, deed of trust, bark loran or credit agreement, applicable ordi farms,. resolutions or, on the date of this Agreement, any other agreement Dr instrument to which the Miami ORA is a pearty,, ar (ifi) contravenes or results in any breach of, or default: under any other agreement, to which the Miami pl A is a 'per, or results inthe creation of any lien or exicwnbrance upon nay property of the Mimi CRA, (c) This Agreement, when entered, constitutes a legal., valid and binding, obligatrion, of the Mimi CAA., en£brcaeable against the Miami i Cl in accordance with the toms hereof, except as such enibrceability may be 1„ fted by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which a.ffect creditors' rights generally and subject to usual equitable principles hi the •event that equitable remedies aro invoive L (a) The Miami CRA shall timely full,, or, cause to be firmed, all of its obligations hereunder, (e) During the term of this Agreement, the Miami CRA shall cause to occur and to continue to be in effect those agreements, instruments, and documents which are its responsibility 'u nder this Agreement. lf? TM Miami CM shall provide ' to the City . a ,. copy of any applications roads 'to obtain grants of moneys from resources ex entities, other than. the City, including the Fedexa1 Government. (g) Th grants and support. :Miami CRA, agrees to apply for state, •federal and. corporate XII - MISCELLANEOUS • 111. Meeting Notices to City Manager, The Miami CRA shall provide the City M,anager with notices of all of its regular, and. special board meetings, .1g; .... Entire A.gree.ment This .AgrBerce,nt, .its' attachments and any related agreements entered as provided herein constitute the entire egxeelterntofthe parties hereto. 13 • 12.3 Modification or Amendment This Agreement may he .amended in writing by the mutual agreement of the parties, 12A Soverab 1ity Xi' any obligation. of any .party to this Agreement is found to be invalid, or if any one. or more of the covenants, agreements or provisions of this Agreement should be held contrary to any express provision a law, or against public policy, or shy, for any reason whatsoever, ever, be held' invalid, then such covenants, agreements or provisions shall be null and void andshall be deemed separate from the remaining covenants, agreements or provisions of this. Agreement, which shall remain in full force and effect. 12,5 nffeeLfve Date This Agreement shall .becomo effective on the data on which this Agreement :is (i) executed, by the City and Miami era, (il) approved, by the Emergency inane i pversight Mud. appointed by the Mate of Florida, and (iii) Mari with the Clerk of the Circuit Court of . i-sni Dade County, Florida, Whichever is later;. and shall expire upontemination as provided ixrArtiele 10 hereof: 12,E A:ssigent This Ant shall not he assigned by the Miami CEA, in whole •car x path, without the prior written consent of the City, which nay be withheld or conditioned, • in the City's° sole d s tion. . 12.7 No Member Liability. No covenant, stipulation, obligation or agreement contained .herein shell be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the governing body or agent or employee of the City or the Miami ORA in its, his/her or their individual capacity, and neither the. members 'of the governing body cf•the City or the l anxl CPA, .nor any official executing this Agreement shell be liable personally or shall be subject to any aceoulatability for reason of the exeeutioxx by the City or the anal LIRA of this Agreement or any act pertaining thereto. 12.E Notices It is. understood and agreed betweenthe parties that written notice addressed to the City Manager or to the Executive Director of the Miiami CM and mailed, 14 Pi certified/return receipt, or hard delivered to the address appearingon page one ,(1) of this Agreement shall ec natitute iraf'acisnt notice to either party, 12.•9 Controlling Law This Agreement shall be governed by the laws pf the State of Florida, Proper venue fbr ;my proceedings pertdrg to this Agreement shall he in .N.im.i Made County, Florida. WITIMS VirFINEEOF, the parties hereto have entered into this interim]. Cooperation Agreement as of tha day and year first shove,wrxtten. Donald Wa ehaw,. City Manager ATTEST. . 2J Weitav Foetnen, i D1,e . °WAND ENCY SO'UTTIEA T ovum /P M WEST CO fNIT*'; `. DE OPMENT, AGE •• Ey; Richer. tIn =dye odor Walter Faunal; City Clerk ..•&PPROVD AS TO VOI1M.A10 15 LEGAL STJ``l'CIEN' i 'i.11 m R $J4x»n, Esq. }Tolland & .Knight LLP Counsel ix) EOPW CRC. Weer roman, City Clark APPROVED AS TO FORM AN» LEGAL SUFFICIENCY William Blom Bonen& & Knight L', Coun el to On i 'ORA O1VINI AMA COMarNITY LOPMENT AGENCY 16 chard vo Director w Exhibit A Winn fit" Legal Description. For OMNI Community Redev o opin nt Area l that prrrtiorn of the ,following listed record plats lying withinthe area bounded by the Florida feast Coast Railroad rightkof wary on the West, the Northerly ' it•of way line of 1.895 on the South, the Westerly Shore of Biscayne Bay' on the East and the Southerly right.of way of N.B. 20 Street on the North: "1+a ,Nrorpe riatigar, Page The Causeway FRI - 5 120 .fret Adclitiori to Serena Park $0 8 Resubdirvisian of Pershing Court and Walden Ctourt 4 14a Serena Park. 76 8 Pershing .Court. 4 14/ Walden Cow t 4 148 % Walden •Ctourt First Addition 6 23 Rickman Addition Amended 4 149 Windsor Park Third Amended ' 4 ' 145 .. ' Windsor Park Second Amended 4 128 The Villa La P1aisauoe .4 114 Boulevard Tract WG 65. B'elchor Oil Company Property 34 29 The Gardena of Eden 4 12 Nelson Villa and, Garden of Eden Resubtlivision. 9 174' Nelson Villa and Garden of Eden Amended 30 .20 Amended Map of Nelson Villa Subdivision ' 4. 81 Biscayne .Park Addition Amended 4 22 Rim and Sullivan Subdivision 4 64 Amended flat. of Miramar Plaza 33 18 Miramar Third Amended - ' 5 ' 4 Biscayne Park Addition 2 24 , ,Replat of a Portion of Nolson Villa Amended 56" 69' ASC,Tract 89 21 Margaret Pace Park ([Tnplatted) Coral Park 2 66 Resubdivielou of Coral Park ` 106 • Gran& Union Repiat . 76 , 78 Mary Bri kefl Subdivision 8 9 Windsor Park 3 . 147 • 1 A-1 { Exhibit A Flat Book Lan Rickxnere Addition Amended 8 2 Alice Baldwin Addition 1 119 Alice Baldwi.zx. Jourzy M, & Charles 1 , Oxar Sub division. Amended 8 87 Ward •& X vling's Resubdlvasion 4 1.85 Chsrles Ew Oxar Block 24 Amended 3 I9i Charles ,J , °MEV Block 15 Corrected 8 58 Alice Baldwin Block 1 Corrected 6 48- Li. dse r Hopkins. Education Centex • 84 .48 Heyr Prop..Inc. Resubdivisior 6 98 North Miami A 49 Y Lindsey Hopkins .Educational Centex North . .Parking Lot 98 99 T.W. Painters Re.aubdivision, 4 69 W.T, Hesiington Subdivision • '8 97 City of Miami Cemetery 2 16, Sate Jose 3 158 Wiles Court .Resubctivisicu 42 86 Firs Station Site 1972 • .98 42 . eitter Addition Amended 2 60 Style Aoceesorlos Sub d'rvisio x 82 8 1 eplat ofLot 2, N'orth Miami 57 • 89 Omni International ' • 102 8 Plaza Venetia 107 91 'Harald Park 121. 4 Bay Serena 7 " 185 Rep►lat of Johnson and Waddell. 50 15 .Johnson. and Waddell 8 53 Jefferson Addition 108 .55 Bi eayne Federal Plaza. First Addition 116 7 Amended plat of Los Violins 199 16 Biscayne Federal Plaza Amondec 109 ' 77 Replat Biscayne Federal Plaza 106 . 60 or And all that portion of any uastzbaavided'iaz da lying in Section, 86, Townshi 8 -South, .Range 41 Vast and. Section 31, Tow.nship 53 South, Range 42 East, lying within the area defined alcove, .and an that portion ,of any street, a,venrxe, too zmee, lane, way, drive, court, iilace, boulevard or alley lying within the aria defined above and any otb.er subdivisions, not listed above,.1y p ' within the above deified sea. AM.2 • • Legal Description for Southeast Overtown/P rk West Community Redevelopment Area .dea bounded generally by'& cayne Boulevard ©n the East,.1.96 on the West, 1-395 on the North, and North 5a Street on the South A-3- gitiPlovog • . 11i1d4, 'eista Posikjon Administrator 2.. liartmond Noriega Community Coordinator FI Bat ads g ibt"C", OMB Circular A 1G.2 eGi ai=ts and Cooperative Agreements • With State and Local Govetninents, as amended August Z9,'I991) Mil$803B2VY (Copy Attached) CONTRACT 'R VIEW AND ANALYSIS FORM • ATTACH SUPPORTING DOCUMENTS l l ?+1'TS , DATE:March 22, 2900 . .• ' " r„ Ori "." DEPARTMENT/DIVISION: Corzzttauz:rfty Development , CONTACT PERSONJCONTACT NUMBER; Gwendolyn C. W ren / f Y4 0794 CONTRACTINGENTITY; Omni arid S.E Overtown Park Rest Gtrmranityx Redevelopment Agetickks. RESOLUTION Nt MBER(S) $IY3/ ?EOJECT NUMBER,: XtApplicable) BUDGETARY INFORMATION: Are fonds budgeted? 0YES 0 NO If yes, TOTAL DOLLAR. AMOUNT.; .$659P3$8,O0 ri EXPENSE 0 REVENUE SOURCE Cit FUNDS: Geneva Fund, Cemtnu .s Development ACCOUNT cc n>, s) le grant Mailed, is there a City ranch re�quir ent? DYE'S Cq NU ,AMOUNT: Are rriatrulalog Naas Budgeted? :0 YES NO :ANO tt't CUde s)i N,7A ===:= = ===============., . m_-4m ==WM =Y_===— -= TERMS OF CONTRACT: Effr t»tivt; Date: Upon Oversight Board approval Esns.lating Manse, if arty. l /, ,. tContraceretiatl (ra). Ooxaber1,1999 , Penalties, (if' any), for termination: I'stvrrtt:trt terms: N/A avant .fund ed, list restrietiosya:jrequirer:ntretae, if rappiinahler .....t..,.,==m========== ===ram=====mmm : ===wm A ,:46=— m. tw:: =.;,, ,=0,0 am=.:_0===r:,==—...4,-. :. SUMN R' /» SC•1't.IPTXON O CONTRACT OR AGREEMENT ENT xs this an extension? Ej YES 0'NO If YES, santusti expenditures in previouts 00111ot Year; Sununary/D esetiptios ofCesrttraDr4re meats PLEASE SE1ryt,A.TTACHED _,ram= === JUSTIFICATION FOR CONTRACT OR. AGREEMENT Qndada why it is naadatl, cor.aa,ivanees if tar,? xuthocis:ad 4C approved and arc tflaRtraints, IP 0t:910-ted6 0::l .Ct OrkeratiOn ag enic8tt .betwee tbto City of Miami and Cosnsnurtity Redevelopment .Agencies for development ent activity ..rC."..."'..,x W �C�G:C.�r L'n�,:n a,'e. �::�M�7"1L't'��'F,GS£'rJ.CY9d^.CG:!°.C=�G"r.F"G"C.'1-�."CC Gar. GGGb CG®CCC�,CCGGG�."..'GGG��GCw'�. "•L° METHOD OF PURCFI:ASE•(Zf applicable) Talcpbivnc quotas" [i 1Wtittan quataa; L..k 81n&le Pa.rchaaa Short,.'i'errn CCISIYMI3 0 .Naratiattsd Purehaau 0 Torn at JGontratt Sok &caurte (istt:luau datumaatatian) 0 Last (Tyra 13it1 l' iver Include daeumcntariv t) 0 Othmr t;ormal 1 idr'Prop:al (include .. faulatianlp aposul 3iuglting) PREVIOUS AWARDS O From ?most? tcr:estt: Alone niBgC'i 01k nr 1 k:S YN'� APPROVAL DATE; -3 APPROVAL: P"itantLAl Oversight i+ard Boo ET:APPROVAL ,i)rt:'rg: SA.:0,0040,0 ..... RUM t DATE, CITY or MIAMI CITY A.TTNCY'S OFFICE MEMORANDUM Priscilla A, Thompson City Clerk Ilene'remehin, Assistant CttyAttorney Tun 9, 2003 Amendment No,1 to Interloeal Cooperation Agreement CIA Records RetentIon• Attached 18 the originally executed Amendment No, 1 to the Interlocal Cooperation Agreement between the •City of .Miami, the Southeast Cverto lPaltwest •Conntam ty Redevelopment Agenoy and the Community Redevolopsment Agency of the Omni Area, Mated', May 13, 2003. Kindly retain this Agreement with the- other originally executed documents that you maintain for the CRA, Ploa e c tI we if you. have any questions re,garding the attached. Thank you, AAtaolx n nta. e: lank K. Roll:son, Executive Director, Community Redevelopment A genoy Tunes Villacorts, Assistant City Attorney A_ jivilliR6,Emisij, XNTEt.O.C4 , Oc r { l This Amendment is entered into this day of _�" , 2003 by and between the,City of,14 ianii‘ a municipal corpor'ation•of the State.of Florida (the "Cit),r), having offices at 444 5.W, 2nd Avenue, Miami, Florida 33130, the Southeast•Overtown/park West Community 'Redevelopment Agency (the "SEOPW CIA_") and the Community Redevel'apment Agency of the Omni area (the "Omni CRA"), each a public body corporate artd path of the State- ' of I foricla, both having officers at 3 0 Biscayne Boulevard Way, Suites 430, Miami, Florida 35131. The 01,,M CRA and the SEOPW CRA ane, intly trferred to as the "Miami CRA,", WIRBAS, the City and the Mituni CRA atrtersed into that certain Xnterlocal Cooperation Agreement, dated as of March 1, 2000 (the "Agreement"); and WHEREAS, pursuant to Section 4,2 of the Agreement, the City agreed to • provide certain financial support to the Miami C ,A-, and • 'WHEREAS, the City arid the IvMiarni CRA desire and agree to amend the Agreement to clarify the provisions c Section 4,2 of the Agreement as hereinafter provided. NOW, T13ERBFOIE , in consideration of the mutual covenenta tzereinafter set forth aod in cotrsiderationof other valuable consideration, the parties covenant and agree as follows' 1, Section 4,2 (e) of the A. reeinent is amended to read as follows: -(c) > am l nel'atiotii c:penses or Oeneral• V.Und Nupport, Etr the Base Year anti each Fiscal Year thereafter through September 30, 2002, for operating costs including the salaries aid benefits of; the City employees designated on Exhibit B hereto, and for, other staff personnel Contracted for directly by the Miami CIA not exceeding a Base Year amount of $379,900,'unless agreed to by the City. Effective October 1, 2002 for Eiaeni. Year 2002-2003 and for each . Fiscal Year thereafter, $379.,900 shall frrra provided by the City. to the Miami CRA .from the City's General Fund. IN WITNESS WHER O;F the parties hereto have execwted this Amendment to the Agreement cr the day and you first above written. ATTEST:, 'rho pB0 • City Clerk Approv F rid CDT dr1.95gi Alejandro Vilarello City'Attorney ATTEST; L. Prise iIla A. Thon on. City CitA Approved as to Foram and Correctness: William l . Blum Special Counsel CRA.[ntnr[oc i AO Attu dWJ2,12-O ti} City of 1V ami, al ttioipal corpora ►i of the Static of Flo By: e lt:rrioiL City Manager outheast OverownPPark Wog Community Redevelopment Agency • Frank :K, Executive Director Community Redevelopment Agency of the Omni Ai a • Prank K, Rliason, Executive Director • d•