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HomeMy WebLinkAboutExhibit-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT ("Amendment") is made and entered into this day of , 2019, 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 agency and body corporate created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA"). RECITALS WHEREAS, on March 30, 1983 the County, formerly known as Metropolitan Dade County, and the City executed that certain Intergovernmental Cooperation Agreement (the "1983 Interlocal Agreement"); WHEREAS, on November 15, 1990 the County, formerly known as Metropolitan Dade County, and the City entered into that certain Amendments to Interlocal Cooperation Agreement (the "First Amendment") amending certain terms and provisions of the 1983 Interlocal Agreement; WHEREAS, as of December 31, 2007 the County, the City, the SEOPW CRA and the Omni Community Redevelopment Agency (the "Omni CRA") entered into that certain Interlocal Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to Provide Funding for Major Projects for the Benefit of All Parties (the "2007 Interlocal Agreement"); WHEREAS, on January 22, 2010 the County and the SEOPW CRA entered into that certain Amendment to 1983 Interlocal Cooperation Agreement (the "2010 Amendment"; together with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal Agreement"); WHEREAS, the SEOPW CRA generated an Assessment of Need (the "AON") to substantiate the extension of the life of the SEOPW CRA until March 31, 2042; WHEREAS, the SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the "Amended Redevelopment Plan") prepared by E.L. Waters and Company, LLC; WHEREAS, on June 26, 2018 the Board of Commissioners of the SEOPW CRA adopted resolution CRA-R-18-0030 approving the AON; WHEREAS, on September 24, 2018 the Board of Commissioners of the SEOPW CRA adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; WHEREAS, the City Commission approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; 1 #61770050v4 5683 Exhibit -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, the Board of County Commissioners (the "Board") has approved the AON and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to March 31, 2042; and WHEREAS, the County, the City and the SEOPW CRA desire to modify and amend the Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, as hereinafter provided. NOW, THEREFORE, the County, the City and the SEOPW CRA agrees as to follows: 1. Recitals. The Recitals to this Amendment are true and correct and incorporated herein and made a part of this Amendment. 2. Defined Terms. Defined terms utilized in this Amendment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement. 3. Extension of Life of SEOPW CRA. The life of the SEOPW CRA is hereby extended from March 31, 2030 until March 31, 2042. 4. Redevelopment Plan. All references in the Interlocal Agreement to the Redevelopment Plan shall be deemed reference to the Amended Redevelopment Plan. 5. Priority Projects. The County, the City and the SEOPW CRA acknowledge and agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida Statutes, the following projects identified in the Amendment Redevelopment Plan, among other projects in the Redevelopment Area, shall be partially funded by SEOPW CRA utilizing tax increment revenues (the "Incentive Agreement Projects"): a. Overtown Cultural and Entertainment District. b. Miami World Center Project, generally located between 11th Street on the North, the FEC Railway to the South, NE 2nd Avenue to the East and N. Miami Avenue to the West. c. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami Avenue, (Folio 01-3137-025-0011). d. South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project located within the All Aboard Florida Grand Central Station, which station is situated on various parcels located immediately west of NW 1st Avenue between Flagler and N.W. 8th Streets, to be supported by a pledge of tax increment revenue to support a $17,580,000.00 City bond issue. e. The World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House. 2 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. f. The redevelopment and modernization of County -owned public housing projects situated on a combined 33.7 acres of land located within the Redevelopment Area consisting of Culmer Place (580 NW 5th Avenue, Miami, FL), Culmer Gardens (610 NW 10th Street, Miami, FL), and Rainbow Village (2140 NW 3rd Avenue, Miami, FL), presently improved by 326 units of public housing in order to replace and expand the inventory of public housing and construct additional subsidized and market rate residential units, as well as the development of other uses, as appropriate. g. Existing affordable housing projects financed with existing CRA Bond issue. h. The development and rehabilitation of workforce housing and affordable housing projects. i. Development of between approximately 800 and 1,000 affordable housing units serving families earning between 30% and 140% of the County's Area Median Income as defined by the U.S. Department of Housing and Urban Development, as adjusted for household size, on non -County -owned sites located within the Redevelopment Area. Land acquisition and development activities consistent with the character and scale of development identified in the Overtown Entertainment and Cultural District, as it may be amended from time to time. k. 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. 1. Support the implementation of activities identified within Overtown Youth and Children's Coalition Master Plan. 6. Redevelopment Area. The County, City and SEOPW CRA acknowledge and agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii) that addition to the area approved in Ordinance No. , all as more particularly shown on that map attached hereto as Exhibit "A". 7. Base Values. The County, the City and SEOPW CRA agree that the assessed values of property for ad valorem tax purposes to be used in calculating the amount of tax increment revenues is: (a) with respect to that portion of the Redevelopment Area initially approved by the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982, contained the preliminary ad valorem assessment 3 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. roll for 1982 prepared by the Property Appraiser of the County; (b) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No. 86-4, the value as of January 1, 1985 contained in the preliminary ad valorem assessment roll for 1985 prepared by the Property Appraiser of the County; and (c) with respect to the addition to the Redevelopment Area approved by the County in Ordinance No.: , the value as of January 1, 20 , contained in the preliminary ad valorem assessment rolls for 20_ prepared by the Property Appraiser of the County. 8. Annual Budget. The County agrees to waive any claims it may have regarding approval of the annual SEOPW CRA budget for the fiscal years prior to fiscal year commencing October 1, 2018. 9. Waiver of Administrative Fee. The County agrees to waive the 1.5% Administrative Fee chargeable to SEOPW CRA for the life of the SEOPW CRA. 10. Revenue Sharing. Section 5 (e) of the 2007 Interlocal Agreement is hereby amended to delete Exhibit "C" attached to 2007 Interlocal Agreement and replace same with Exhibit "B" attached hereto made a part hereof. The County and the City acknowledge and agrees that tax increments revenues deposited in the SEOPW CRA trust fund and then the return of the balance of the Increment Revenues (45%) collected from the projects listed on Exhibit B for such year to each taxing authority which paid the increment in the proportion that the amount of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year. The County agrees to utilize the amount paid to the County pursuant to this Section 11 to provide financial support for the redevelopment and modernization of County -owned public housing projects described in Section 6(f) of this Amendment and to utilize the balance of such funds to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. The City agrees to utilize the amount paid to the City pursuant to this Section 11 to support projects within the Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. 11. Overtown Urban Initiation Project Management Committee. Sections 1,2, and 3 of the 1983 Interlocal Agreement are hereby deleted. 12. City Contribution. The County and the SEOPW CRA acknowledge and agree that the City has made all required contributions required by the City under Section 4 of the 1983 Interlocal Agreement. 13. SEOPW Projects. A. The County and the City acknowledge and agree that the SEOPW CRA has complied with its obligations under Sections 2 (a) and (b) of the 2010 Amendment with respect to the Camillus House Project and the Alonzo Mourning Charities, Inc. affordable housing Project. The SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment regarding Mama Hattie's House has not yet been developed and is included in the list of Incentive Agreement Projects. B. The County and the City acknowledge and agree that each of the SEOPW CRA Development Projects, including the Incentive Agreement Projects, do not require approval of any 4 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. and all plans for development before contracts are entered into for constructions of each respective SEOPW CRA Developments, including without limitation, the Incentive Agreement Projects. 14. Reverter Lawsuit. The County, the City and the SEOPW CRA acknowledge that the Reverter Lawsuit has been resolved, Block 45 has reverted to the County and that Block 36 and Block 56 are no longer subject to revert to the County. 15. CRA Indebtedness. The SEOPW CRA may elect to issue bonds and/or incur other indebtedness required to finance, as necessary and appropriate, its contribution to the SEOPW CRA Projects including the Incentive Agreement Projects, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2042. 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 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. 16. CAP ON ADMINISTRATIVE EXPENSES. The SEOPW CRA agrees that administrative expenses of the SEOPW CRA shall not exceed 20% of its overall fiscal budget. 17. Procurement Requirements. The SEOPW CRA confirms to the County and the City that SEOPW CRA has adopted procurement procedures to be utilized by the SEOPW CRA for procurement. 18. Community Benefits. A. The SEOPW CRA agrees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the SEOPW 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, as are feasible. B. The SEOPW 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) 5 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (v). Living Wage Ordinance (Section 2-8.9 of the Code) 19. 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 SEOPW 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 SEOPW CRA shall submit to the County's Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector General shall be empowered to review past, present and proposed SEOPW 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 SEOPW 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. 20. Recovery of Grant Funds. The SEOPW CRA shall include in all contracts and grant agreements executed from and after the Effective Date a "clawback" provision that will require the SEOPW CRA to "clawback" or rescind and recover funding from any entity or contractor to which it provides funding which does not substantially comply with the provisions of its agreement with SEOPW 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. 21. Safeguards for Resident Displacement. In the event the SEOPW CRA funds a redevelopment project authorized by the Amended Redevelopment Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations and others) located in the Redevelopment Area, the SEOPW 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 SEOPW 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 SEOPW 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. 22. Affordable and Mixed Income. The County acknowledge and agrees that the SEOPW CRA Amended 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 mean income , as defined by the U.S. Department of Housing and Urban Development and the County acknowledges that the Amended Redevelopment Plan gives priority to rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or moderate income persons over funding of non -housing projects. 6 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 23. Annual Budget. The SEOPW CRA agrees to include in its annual fiscal budget a description of expenditures made by the SEOPW 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. 24. Ethics Training. The SEOPW CRA agrees that all members of the Board of Commissioners of the SEOPW CRA, staff of the SEOPW CRA, members of advisor boards of the SEOPW CRA and staff such advisor 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. 25. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control. 26. Ratification. Except as modified by this Amendment, the Interlocal Agreement is ratified and reaffirmed. 27. Effective Date. The effective date of this Amendment shall be the date this Amendment is last executed by the County, the City and the SEOPW CRA (the "Effective Date") 28. Time of the Essence. Time is of the essence in the performance of this Amendment. 29. 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 Second Amendment. 30. Severability. If one of 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. 31. Counterparts. This Amendment 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 their seals to be affixed hereto, and all as of the day and year first above written. City of Miami, Miami -Dade County, a municipal corporation of the a political subdivision of the 7 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. State of Florida State of Florida By: By: Emilio T. Gonzalez, City Manager ATTEST: By: Mayor, Carlos A. Gimenez By: Todd B. Hannon, City Clerk Deputy Clerk Southeast Overtown Park West Community Redevelopment Agency, a public body corporate and politic By: Cornelius Shiver, Executive Director ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Todd B. Hannon, City Clerk Assistant County Attorney 8 Date: #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 9 APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Victoria Mendez, City Attorney Date: APPROVED AS TO FORM AND CORRECTNESS FOR SEOPW CRA: By: William R. Bloom, SEOPW CRA Special Counsel Date: #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "A" Map of Redevelopment Area 10 #61770050_v4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "B" Name Ten Museum Place 900 Biscayne Marlin Blue 600 Biscayne Marquis Marquis West Paramount Park Logik Tower Block 56 11 1040 Biscayne Boulevard 900 Biscayne Boulevard 824 Biscayne Boulevard 666 Biscayne Boulevard 215 NE 6 Street 1100 Biscayne Boulevard 127 NE 11 Street 700 Biscayne 530 NW 1st Court 161 NW 6th Street Folio 01-0105-060-1010 Folio 01-0105-060-1030 Folio 01-0105-060-1040 #61770050_v4 SUBSTITUTED AMENDMENT TO THE 1983 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI, MIANII-DADE COUNTY, AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY THIS AMENDMENT ("Amendment") is made and entered into this day of 2019, by and between Miami -Dade County a political subdivision of e State of Florida (the "County"), the City of Miami, Florida, a municipal corporation ofthe S , to of Florida (the "City") and the Southeast Overtown/Park West Community Redevelopment • ency, a public agency and body corporate created pursuant to Section 163.356, Florida Statu s (the "SEOPW CRA"). RECITALS WHEREAS, on March 30, 1983 the County, formerly kno n as Metropolitan Dade County, and the City executed that certain Intergovernmental Coope tion Agreement (the "1983 Interlocal Agreement"); WHEREAS, on November 15, 1990 the County, fo County, and the City entered into that certain Amendments (the "First Amendment") amending certain tennis Agreement; rly known as Metropolitan Dade Interlocal Cooperation Agreement provisions of the 1983 Interlocal WHEREAS, as of December 31, 2007 the ounty, the City, the SEOPW CRA and the Omni Community Redevelopment Agency (the " • mni CRA,") entered into that certain Interlocal Agreement between the City of Miami, Miam' 1 ade County, SEOPW CRA and Omni CRA to Provide Funding for Major Projects for e Benefit of All Parties (the "2007 Interlocal Agreement"); WHEREAS, on January 22, t 10 the County and the SEOPW CRA entered into that certain Amendment to 1983 Interloc.. Cooperation Agreement (the "2010 Amendment"; together with the 1983 Interlocal Agreem t, the First Amendment, and the 2007 Interlocal Agreement collectively, the "Interlocal A ement"); WHEREAS, the S OPW CRA generated an Assessment of Need (the "AON") to substantiate the extensio . fthe life of the SEOPW CRA until March 31, 2042; WHEREAS, e SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the "Amended Redev ; o , ment Plan") prepared by E.L. Waters and Company, LLC; WHE ' .. AS, on June 26, 2018 the Board of Commissioners of the SEOPW CRA adopted resolution C r A-R-18-0030 approving the AON; EREAS, on September 24, 2018 the Board of Commissioners of the SEOPW CRA adopt Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; WHEREAS, the City Commission approved the AON and the Amended Redevelopment an and the extension ofthe life of the SEOPW CRA to March 31, 2042; #617700150_v4 SUBSTITUTED WHEREAS, the Board of County Commissioners (the "Board") has approved the AO and the Amended Redevelopment Plan and the extension of the life of the SEOPW CRA to M. lr 31, 2042; and WHEREAS, the County, the City and the SEOPW CRA desire to modify and . end the Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, a ereinafier provided. NOW, THEREFORE, the County, the City and the SEOPW CRA agr es as to follows: 1. Recitals. The Recitals to this Atendment are true and c. ect and incorporated herein and made a part of this Amendment. 2. Defined Terms. Defined terms utilized in this Ame : ment but not defined herein shall have the meaning ascribed to said terms in the Interlocal Aement. 3. Extension of Life of SEOPW CRA. The ` e of the SEOPW CRA is hereby extended from March 31, 2030 until March 31, 2042. 4. Redevelopment Plan. All referen s in the Interlocal Agreement to the Redevelopment Plan shall be deemed reference to t Amended Redevelopment Plan. 5. Streetcar Project. The City and e SEOPW CRA hereby release the County from any obligations under the 2007 Interlocal A_ ement to make a $20 Million contribution to the City to be applied toward the funding of th streetcar Project. 6. Priority Projects. The ' ounty, the City and the SEOPW CRA acknowledge and agree that, subject to compliance wit all applicable laws, including Part III, Chapter 163, Florida Statutes, the following projects idtified in the Amendment Redevelopment. Plan, among other projects in the Redevelopment rea, shall be partially funded by SEOPW CRA utilizing tax increment revenues (the "Ince lve A rcement Projects"): a. ©v= own Cultural and Entertainment District. h. iami World Center Project, generally located between 116 Street on the North, the FEC Railway to the South, NE 2'd Avenue to the East and N. Miami Avenue to the West, c. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami Avenue, (Folio 01-3137-025-0011). d. South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project located within the All Aboard Florida Grand Central Station, which station is situated on various parcels located immediately west of NW 1 ' Avenue between FIagler and N.W. 8`h 6 1770050 u4 SUBSTITUTED Streets, to be supported by a pledge of tax increment revenue to support a $ 17,580,000.00 City bond issue. e. The World Literacy Crusade of Florida, Inc. alkla Mama Hattie's Hous f. The redevelopment and modernization of County -owned public ousing projects situated on a combined 33.7 acres of land located 'thin the Redevelopment Area consisting of Culmer Place (580 NW :'}l Avenue. Miami, FL), Culmer Gardens (610 NW 10th Street, Mi. i, FL), and Rainbow Village (2140 NW 3r`i Avenue, Miami, FL), pr-.ently improved by 326 units of public housing in order to replace and e. and the inventory of public housing and construct additional subsidi -d and market rate residential units, as well as the development of oth : uses, as appropriate. g. Existing affordable housing projects finance._ with existing CRA l3ond issue. h. The development and rehabilitation of orkforce housing and affordable housing projects. i. Development of between approxi ately 800 and 1,000 affordable housing units serving families earning b - een 30% and 140% of the County's Area Median Income as defined b he U.S. Department of Housing and Urban Development, as adjusted r household size, on non -County -owned sites located within the Redev- opanent Area. j. Land acquisition at development activities consistent with the character and scale of deve .pment identified in the Overtown Entertainment and Cultural Distric as it may be amended from time to time. k. Developme and growth of local, small business enterprises within the Redevelo ent Area through grants or low -interest loans to, among other things, mprove the physical plant of local businesses, finance the acqu :ition of machinery and equipment, and provide limited guarantees ag st losses to increase access to credit from local financial institutions. upport the implementation of activities identified within Overtown Youth and Children's Coalition Master Plan. 7. edevelopment Area. The County, City and SEOPW CRA acknowledge and agree that t redevelopment area (the "Redevelopment Area") consists of (i) that area initially approved the County and as described on the map attached to County Ordinance No. 82-115 as Exhibit A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii) that dition to the area approved in Ordinance No. , all as more particularly shown on that ma attached hereto as Exhibit "A". 3 #61770050 v4 SUBSTITUTED 8. Base Values. The County, the City and SEOPW CRA agree that the assessed values of property for ad valorem tax purposes to be used in calculating the amount of to increment revenues is: (a) with respect to that portion of the Redevelopment Area initi: y approved by the County and as described on the map attached to County Ordinance No. 82-1 as Exhibit "A", the value as of January 1, 1982, contained the preliminary ad valorem ass :sment roll for 1982 prepared by the Property Appraiser of the County; (b) with respect to the a* eition to the Redevelopment Area approved by the County in Ordinance No. 86-4, the value a f January 1, 1985 contained in the preliminary ad r•alorer assessment roll for 1985 prepared b the Property Appraiser of the County; and (c) with respect to the addition to the Redevelopme Area approved by the County in Ordinance No.: , the value as of January 1, 20 contained in the preliminary ad valorem assessment rolls for 20prepared by the Proper Appraiser of the County. 9. Annual Budget, The County agrees to waive any cl.' s it may have regarding approval of the annual SEOPW CRA budget for the fiscal years pri► to fiscal year commencing October 1, 2018. 10, Waiver of Administrative Fee. The C my agrees to waive the 1.5% Administrative Fee chargeable to SEOPW CRA for the life f the SEOPW CRA. 11. Revenue Sharing. Section 5 (e) of e 2007 Interlocal Agreement is hereby amended to delete Exhibit "C" attached to 2007 I erlocal Agreement and replace same with Exhibit "B" attached hereto made a part hereof. he County and the City acknowledge and agrees that tax increments revenues deposited i e SEOPW CRA trust fund and then the return of the balance of the Increment Revenues (4 - /0) collected from the projects listed on Exhibit B for such year to each taxing authority whic .aid the increment in the proportion that the amount of such taxing authority bears to the total mount paid into the trust fund by all taxing authorities for that year. The County agrees to util` e the amount paid to the County pursuant to this Section 11 to provide financial support forth edevelopment and modernization of County -owned public housing projects described in Sect :n 6(f) of this Amendment and to utilize the balance of such funds to support projects within e Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. The City grees to utilize the amount paid to the City pursuant to this Section 11 to support projects withi e Overtown portion of the Redevelopment Area during the life of the SEOPW CRA. 12. Overt 3 of the 1983 Interl 13, that the City Interlocal n Urban Initiation Project Mana ement Committee. Sections 1,2, and al Agreement are hereby deleted. tv Contribution. The County and the SEOPW CRA acknowledge and agree s made all required contributions required by the City under Section 4 of the 1983 Bement. 14. SEOPW Projects. A. The County and the City acknowledge and agree that the SEOPW CRA has complied ith its obligations under Sections 2 (a) and (b) of the 20I0 Amendment with respect to the Camillus House Project and the Alonzo Mourning Charities, Inc. affordable housing Project. The 4 #61770050 vet SUBSTITUTED SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment regarding Mama Hattie's House has not yet been developed and is included in the list of Incentive Agreement Projects. B. The County and the City acknowledge and agree that each of the SEOPW Development Projects, including the Incentive Agreement Projects, do not require approva .f any and all plans for development before contracts are entered into for constructions of each r pective SEOPW CRA Developments, including without limitation, the Incentive Agreement P ojects. 15. Reverter Lawsuit. The County, the City and the SEOPW CRA a nowledge that the Reverter Lawsuit has been resolved, Block 45 has reverted to the County d that Block 36 and Block 56 are no longer subject to revert to the County. 16. CRA Indebtedness. The SEOPW CRA may elect to issue d ands and/or incur other indebtedness required to finance, as necessary and appropriate, its c. tribution to the SEOPW CRA Projects including the Incentive Agreement Projects, provide owever, in no event shall any bonds issued and/or indebtedness incurred mature later than arch 31, 2042. Prior to the issuance of any bonds and/or indebtedness by the SEOPW C • , the County shall have the right to review all related documents and agreements and ma approve such bond issuance or indebtedness, pursuant to the provisions of the lnterlo Agreement as amended by this Amendment and applicable law, including Section 163.3 (3), Florida Statutes. 17. CAP ON ADMINISTRATIVE E NSES. The SEOPW CRA agrees that administrative expenses of the SEOPW CRA shall of exceed 20% of its overall fiscal budget. 18. Procurement Requirements. e SEOPW CRA confines to the County and the City that SEOPW CRA has adopted precut ent procedures to be utilized by the SEOPW CRA for procurement. 19. Community Benefits A, The SEOPW C + grees that all agreements with entities or contractors receiving grants of $1,000,000.00 or more from the SEOPW CRA for new or rehabilitated commercial and residential developments en ed into after the Effective Date within the Redevelopment Area shall, to the extent allowed .y applicable law, include the following provisions: (i). Re ire hiring from the labor workforce for such project from residents of the evelopment Area that are unemployed or under employed, to extent easible. 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, as are feasible. B. The SEOPW CRA agrees to include in all community benefit agreements with en ies or contractor receiving grants of $1,000,000.00 or more executed after the Effective Date equire such entities or contractors to comply with the following Miami -Dade County 5 #61770050 v4 SUBSTITUTED ordinances contained in the Code, as same may be amended, as if expressly applicable to such entities: (i). Small Business Enterprises (Section 2-811.1.1 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. I of tl Code) (v). Living Wage Ordinance (Section 2-8.9 of the Code) 20. Inspector General Review. The County shah have the right to cost, the services of an independent private sector inspector general whenever t it appropriate to do so, in accordance with Miami -Dade County Administrate Upon written notice from the County, the SEOPW CRA shall make availab private sector inspector general retained by the County all requested rec for inspection and reproduction. Additionally, the SEOPW CRA sha Inspector General's review in accordance with Section 2-1076 o Inspector General shall be empowered to review past, present contracts, transactions, accounts, records, agreements and progra investigate, monitor, oversee, inspect and review operati procurement process, including but not limited to, proj submittals, activities of the SEOPW CRA and its officers, and elected officials to ensure compliance with contra andior corruption. in, at its sole County deems Order No. 3-20. to the independent ds and documentation submit to the County's the Code. The County's proposed SEOPW CRA's s at a minimum annually audit, s, activities, performance and design, specifications, proposal gents and employees, lobbyists, staff specifications and to detect any fraud t re 21. Recovery of Grant Funds. The OPW CRA shall include in all contracts and grant agreements executed from and after the ' ffective Date a "clawback" provision that will require the SEOPW CRA to "clawback" o rescind and recover funding from any entity or contractor to which it provides funding wh 1 does not substantially comply with the provisions of its agreement with SEOPW CRA by d anding repayment of such funds, in writing, including recovery of penalties or liquidated da ..ges, to the extent allowed by law, as well as attorney's fees and interest, and pursuing colle on or legal action, to the fullest extent allowable by law, if feasible. 22. Safeuards fo esident Dis' lacement. In the event the SEOPW CRA funds a redevelopment project autho zed by the Amended Redevelopment Plan that may displace persons (including individuals, fa ► lies, business concerns, nonprofit organizations and others) located in the Redevelopment Are., the SEOPW CRA shall prepare plans for and assist in the relocation of such persons, includi r t making any relocation payments under the Act and applicable Iaws and regulations. Furthe', the SEOPW CRA shall make or provide for at least a "one -for -one" replacement of e 1 affordable housing unit demolished pursuant to a redevelopment project to ensure that su demolished unit is replaced by a new comparable, affordable housing unit, provided, ho ever, this requirement shall not apply to substandard affordable housing that has been decla d unsafe by a governmental entity and subsequently demolished. The SEOPW CRA shall ens e that individuals and families who are displaced from affordable housing units have a right s ' first refusal to return to comparably priced affordable housing units located within the Red, elopment Area. 6 Y6I77005O_v4 SUBSTITUTED 23. Affordable and Mixed Income. The County acknowledge and agrees that the SEOPW CRA Amended Redevelopment Plan includes a housing component that serves an incom mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140° of the area mean income , as defined by the U.S. Department of Housing and Urban Develop ent and the County acknowledges that the Amended Redevelopment Plan gives prio r y to rehabilitation, conservation or redevelopment of housing for extremely low. very low ]ow or moderate income persons over funding of non -housing projects. 24. Annual Budget. The SEOPW CRA agrees to include in its annual fiscal budget a description of expenditures made by the SEOPW CRA for affordable housing p-+jects during the previous fiscal year and a statement of anticipated expenditures for affordabl: ousing project in upcoming fiscal years, if applicable. 25. Ethics Training. The SEOPW CRA agrees that all ' embers of the Board of Commissioners of the SEOPW CRA, staff of the SEOPW CRA, mem ' ers of advisor boards of the SEOPW CRA and staff such advisor boards shall be required to co- plete a minimum of four (4) hours of ethics training to be conducted by the Miami -Dade Co ity Commission on Ethics and Public Trust. 2bConflicts. In the event of any conflicts bet , een the Interlocal Agreement, and the terms of this Amendment, this Amendment shall control 27. Ratification. Except as modified by is Amendment, the Interlocal Agreement is ratified and reaffirmed. 28. Effective Date. The effectiv date of this Amendment shall be the date this Amendment is last executed by the County, e City and the SEOPW CRA (the "Effective Date") 29. Time of the Essence. Time is of the essence in the performance of this Amendment. 30. Third -Par Be ficiaries. There are no third -party beneficiaries to this Amendment. The parties expr sly acknowledge that that it is not their intent to create or confer any obligations on or upon , ny third -party by this Amendment. None of the parties intend to directly or indirectly bene r a third person by this Amendment, and no third party shall be entitled to assert a claim against ny of the parties based upon this Amendment. Nothing herein shall be construed by any age y or political subdivision of the State of Florida to confer upon any third party or parties the ' • ft to sue on any matter arising out of this Second Amendment. 31. verabili If one of more provisions of this Amendment shall be held contrary to any provis` • n of law or be held invalid, then such provision or provisions shall be null and void and shall b; separate from, and have no effect on, the remaining provisions which shall continue to be le_ ., and valid, 32. Counterparts. This Amendment may be signed in counterparts. 7 #61770050 v4 SUBSTITUTED 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, an all as of the day and year first above written. City of Miami, a municipal corporation of the State of Florida Miarni-Dade County, a political subdivision of the State of Florida By: By: Emilio T. Gonzalez, City Manager Mayor, Carlos A. '? n rik.: ATTEST: By: B Todd B. Hannon, City Clerk Deputy Clerk Southeast Overtown Park West Community Redevelopment Agency, a public body corporate and politic By: Cornelius Shiver, Executive Director ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrance A. Smith Todd B. Hannon, City Clerk Assistant County Attorney Date: #6l770050_v4 SUBSTITUTED 9 APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI: By: Date: Victoria Mendez, City Atto APPROVED AS TO CORRECTNESS F By: ate: RM AND SEOPW CRA: Wi11`.m R. Bloom, SEOPW CRA S . cial Counsel #61770454_v4 SUBSTITUTED Exhibit "A" Map of Redevelopment Area 10 #61770050_v4 SUBSTITUTED I SOUTHEAST OVERTOWN/PARK WEST BOUNDARY MAP Legend Boundary prior to 2009 Artie added in 2009 rNV et'l st 3Rnst ti ?Host 4 Seulii flr erlowuPark We al Propelad Eepan®en Area -. Dale: Oct1,2M8 ti parr G. ed by: Y keb sip V P np of Miami, lnfortnelim ie Mnok pr Dap enmepi, GiS tea m.21f8 \ MNt$r St SUBSTITUTED Exhibit "B" Name Ten Museum Place 900 Biscayne Marlin Blue 600 Biscayne Marquis Marquis West Paramount Park Logik Tower Block 56 11 1040 Biscayne Boulevard 900 Biscayne Boulevard 824 Biscayne Boulevard 666 Biscayne Boulevard 215 NE 6 Street 1100 Biscayne Boulev. rd 127 NE 11 Street 700 Biscayne 530 NW 1 Court 161 N 6`h Street Fol . 01-0105-060-1010 F► io 01-0105-060-1030 olio 01-0105-060-1040 #61770050_v4 SUBSTITUTED Southeast OvertowniPark. West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-19-0005 File Number: 5566 Final Action Date:3l7 0'l9 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAS OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, ACCEPTING AND ADOPTING THE EXECUTION OF THE AMENDMENT T► THE 1983 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, MIA DADE COUNTY, AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY WITH THE CITY OF MIA I AND MIAMI-DADE COUNTY. WHEREAS, the Board of Commissioners of Miami -Dade Count by Resolution No. R- 01677-82 and Ordinance No. 82-115, approved the Southeast Overto n/Park West Redevelopment Plan ("1982 Plan") and tax increment financing for t' e Southeast OvertownfPark West Redevelopment Area ("Original Redevelopm- t Area"); and WHEREAS, on March 30, 1983, Miami -Dade County (" e County"), formerly known as Metropolitan Dade County, and the City of Miami ("the City") xecuted the Intergovernmental Cooperation Agreement (the "1983 interlocal Agreement"). : nd WHEREAS, on November 15, 1990, the Count nd the City entered into that certain Amendments to Interiocal Cooperation Agreement (t "First Amendment') amending certain terms and provisions of the 1983 Interiocal Agreemt; and WHEREAS, as of December 31, 2007, t► County, the City, the Southeast Overtown Park West Community Redevelopment Agenc, ("SEOPW CRA") and the Omni Community Redevelopment Agency ("Omni CRA') enter d into that certain Interiocal Agreement between the City of Miami, Miami -Dade County, S iPW CRA and Omni CRA to provide funding for major projects for the benefit of all pantie- (the "2007 Interiocal Agreement"); and WHEREAS, on January 22, ' 10, the County and the SEOPW CRA entered into that certain Amendment to 1983 interlo'--1 Cooperation Agreement (the "2010 Amendment"; together with the 1983 lnterlocal greement, the First Amendment, and the 2007 Interiocal Agreement collectively, the "Int- local Agreement'); and WHEREAS, in Furth: ance of seeking the extension of the life of the SEOPW CRA from 2030 to 2042, the SEOP CRA is required to prepare an Assessment of Need Study (the "AON"), amend its curre Redevelopment Plan, and amend the 1983 Interiocal Agreement with its two taxing authoriti- the City of Miami and Miami -Dade County; and WHEREA the SEOPW CRA generated an Assessment of Need to substantiate the extension of the e of the SEOPW GRA until March 31, 2042; and WHET AS, the SEOPW CRA adopted the Amended Redevelopment Plan prepared by E.L. Water and Company, LLC; and Ci of Miami Page 1 of 2 File ID: 5566 (Revision: A) Printed On: 3/18/2019 SUBSTITUTED File ID: 5566 Enactment Number CRA-R-19-0005 WHEREAS, on June 26, 2018, the Board of Commissioners adopted resolution CRA-R- 18-0030 approving the AON; and WHEREAS, on September 24, 2018, the Board of Commissioners adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; and WHEREAS, the Board of Commissioners wishes to accept and adopt the Amen• en t to the 1983 lnterlocal Agreement between the City of Miami, Miami -Dade County, and t Southeast Overtown/Park West Community Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMI :STONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOP ENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Prea adopted by reference and incorporated herein as if fully set forth in is Section. le to this Resolution are Section 2. The Board of Commissioners accepts an► adopts the Amendment to the 1983 lnterlocal Agreement between the City of Miami, Miami-►ade County, and Southeast Overtown/Park West Community Redevelopment Agency. Section 3. The Board of Commissioners her .y accepts and adopts that the Executive Director presents the Amendment to the 1 r :3 Intertocal Agreement between the City of Miami, Miami -Dade County, and the Southeast • ertown/Park West Community Redevelopment Agency to the City of Miami Corn fission and Miami -Dade County Commission for further approval. Section 4. This Resolution shall .ecome effective immediately upon its adoption. APPROVED AS TO FORM AND LEGA SUFFICIENCY: Corrbertus Shiver, Executive Di • ctor 3111 /20 i 9 City of Miami Page 2 of 2 File ID: 5566 (Revision: A) Printed on: 3/18/2019