HomeMy WebLinkAboutExhibitSECOND AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT
AGENCY
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT (the "2024
Interlocal Agreement") is made and entered into this day of , 2024, by and among
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 Omni
Redevelopment District Community Redevelopment Agency, a public agency and body corporate
created pursuant to Section 163.357, Florida Statutes (the "Omni CRA").
RECITALS
WHEREAS, pursuant to County Resolution No. R-280-96, adopted by the Board of
County Commissioners of Miami -Dade County (the "County Commission") on March 19, 1996,
the County Commission approved the terms and execution of an Interlocal Agreement by and
among the County, the City and the Omni CRA (the "Interlocal"), which Interlocal was dated June
24, 1996, and contained provisions for the Omni CRA to make certain payments to the County for
the purpose of paying debt service on the Performing Arts Center Construction Bonds; and
WHEREAS, on December 18, 2007, pursuant to County Resolution No. R-1372-07, the
County, the City, the Southeast Overtown/Park West Community Redevelopment Agency,
("SEOPW CRA"), and the Omni CRA entered into that certain Interlocal Agreement, dated
December 31, 2007, to provide funding for major city-wide projects for the benefit of all named
parties (the "2007 Interlocal Agreement"); and
WHEREAS, the Omni CRA and the City adopted Resolution No. CRA-R-19-0004 and
Resolution No. R-19-0180, respectively, which approved an Assessment of Need (the "AON")
report, in accordance with County Resolution Nos. R-611-15 and R-499-16, which is supported
by data and analysis to substantiate the ongoing necessity for the extension of life of the Omni
Redevelopment Area through the date July 7, 2047; and
WHEREAS, the Omni CRA and the City adopted Resolution CRA-R-20-0003 and R-20-
0131, respectively, which approved an amendment to the Redevelopment Plan for the Omni Area
(the "2020 Redevelopment Plan") and this 2024 Interlocal Agreement; and
WHEREAS, the Omni CRA and the City sought the County Commission's support and
approval of their request to accept the AON, extend the life of the Omni CRA through July 7,
2047, the 2020 Redevelopment Plan and the 2024 Interlocal Agreement; and
WHEREAS, on June 16, 2020, the County Commission adopted County Resolution No.
R-575-20, which accepted the AON, authorized the extension of life of the Omni CRA through
July 7, 2047, and approved 2020 Redevelopment Plan and this 2024 Interlocal Agreement; and
WHEREAS, on October 22, 2021, the Omni CRA adopted Resolution No. CRA-R-21-
0033 in conformance with County Resolution No. R-575-20 authorizing its Executive Director to
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negotiate and execute the Second Amendment ILA inclusive of the additional County conditions;
and
WHEREAS, on , the City adopted Resolution No. in
conformance with County Resolution No. R-575-20 approving and authorizing the ratification of
this agreement inclusive of the additional County conditions, in order to extend the life of the Omni
CRA to 2047; and
WHEREAS, this 2024 Interlocal Agreement replaces and supersedes the 2007 Interlocal
Agreement,
NOW, THEREFORE, the County, the City and the Omni CRA agrees as follows:
1. Recitals. The Recitals set forth above are true and correct and adopted as part of
this 2020 Interlocal Agreement.
2. Defined Terms. Defined terms utilized in this 2024 Interlocal Agreement but not
defined herein shall have the meaning ascribed to said terms in the Interlocal Agreement.
3. Extension of Life of Omni CRA. The life of the Omni CRA is hereby extended
through July 7, 2047.
4. Redevelopment Plan. All references in the Interlocal Agreement to the
Redevelopment Plan shall be deemed references to the adopted 2020 Redevelopment Plan.
5. Streetcar Project. The City, County, and the Omni CRA hereby mutually release
each party from any obligations under the 2007 Interlocal Agreement pertaining to the Streetcar
Project and any funding activities for the Streetcar Project have been stricken.
6. Priority Projects. The County, the City and the Omni CRA acknowledge and
agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida
Statutes, the projects identified in the 2020 Redevelopment Plan, other projects in the
Redevelopment Area, along with the list of priority projects below shall be partially funded by the
Omni CRA utilizing Tax Increment Funds ("TIF") Revenues (the "Incentive Agreement
Projects"):
a. The Omni CRA shall provide funding to Miami -Dade County for the
Performing Arts Center Construction Bonds Debt Service at an
aggregate total amount equal to One Million Four Hundred Thirty Thousand
and 00/100 Dollars ($1,430,000.00) per year through September 30, 2027
by March 31st of each year.
b. The Omni CRA shall provide funding to the City of Miami for the Port
Tunnel Debt Service at an amount not to exceed Four Million Two
Hundred Thirty -Four Thousand and 00/100 Dollars ($4,234,000.00) per
year through September 30, 2030.
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c. The Omni CRA shall provide funding to Miami Dade County in an amount
equal to thirty five percent (35%) of the Omni CRA annual TIF Revenue,
or Twenty -Five Million and 00/100 Dollars ($25,000.00.00), whichever is
less, per year through September 30, 2027 by March 31 of each year. Such
amount shall be calculated in accordance with Exhibit A to the First
Amendment to the Interlocal Cooperation Agreement dated June 24, 1996
by and among the parties hereto. Once the funds are returned to the County
pursuant to this subsection (6)c, the County's use of the funds shall not be
subject to this Agreement or any restrictions or requirements of Chapter
163, Part III, Florida Statutes.
d. Commencing October 1, 2027, the Omni CRA shall provide funding to
Miami -Dade County in an amount equal to thirty five percent (35%) of the
Omni CRA annual TIF Revenue, or Twenty -Five Million and 00/100
Dollars ($25,000,000.00), whichever is less, per year through September
30, 2047 by March 31 of each year. Such amount shall be calculated in
accordance with Exhibit A to the First Amendment to the Interlocal
Cooperation Agreement dated June 24, 1996 by and among the parties
hereto. Once the funds are returned to the County pursuant to this
subsection (6)d, the County's use of the funds shall not be subject to this
Agreement or any restrictions or requirements of Chapter 163, Part III,
Florida Statutes.
e. Funding to Miami -Dade County for The Beach Corridor rapid transit route
of the Strategic Miami Area Rapid Transit ("SMART") Plan. The Omni
CRA shall provide the County with funding in an amount not to exceed
Fifty Million and 00/100 Dollars ($50,000,000.00) for capital
improvements for that portion of the Beach Corridor route that falls within
the boundaries of the Omni Redevelopment Area.
f. Maurice Ferre Park formerly Museum Park. The Omni CRA shall
provide funding to the City of Miami in a total amount of Twenty Eight
Million and 00/100 Dollars ($28,000,000.00) in capital improvement costs
for the Maurice Ferre Park based on a Capital Improvement Plan that is
approved by the City of Miami Commission.
g.
Providing funds in an amount not to exceed funding of $1,000,000.00
annually for ongoing operations and maintenance to commence upon
completion of the I 395 Underdeck Green Space to be constructed in
conjunction with the Florida Department of Transportation I-395/SR 836/I-
95 Design -Build Project (I-395 Project) located below the I-395 viaduct,
subject to the I-395 Project meeting all standards related to construction,
operations, and maintenance.
h. Provide funds for community benefits package and assist in the
redevelopment of School Board -owned properties within the Omni CRA
boundaries.
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J.
The Omni CRA will commit to funding at least $250 Million in the
development and rehabilitation of workforce- and affordable housing
and mixed -income housing and homeownership projects within the
Redevelopment Area throughout the life of the Omni CRA.
Land acquisition and development activities consistent with the character
and scale of development identified in the Omni CRA Redevelopment Plan,
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.
7. Omni Redevelopment Area. The County, City and Omni CRA acknowledge and
agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area depicted
on the map attached hereto as Exhibit "A." The County, City and Omni CRA agree to process all
necessary legislation and documents to provide for the extension of life of the Omni CRA.
8. Administrative Fee. The Omni CRA shall pay the County a 1.5% Administrative
Fee chargeable to Omni CRA for the life of the Omni CRA to cover County costs associated with
administering the Interlocal, programs funded through the Interlocal, and related matters.
9. CRA Indebtedness. The Omni CRA, only with the approval of the County
Commission and City Commission, may issue bonds and/or incur other indebtedness required to
finance, as necessary and appropriate, its contribution to the Omni CRA Projects, provided
however, in no event shall any bonds issued and/or indebtedness incurred mature later than July
7, 2047. Prior to the issuance of any bonds and/or indebtedness by the Omni CRA, the County
shall have the right to review all related documents and agreements and shall 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.
10. CAP ON ADMINISTRATIVE EXPENSES. The Omni CRA agrees that
administrative expenses of the Omni CRA shall not exceed 20% of its overall fiscal budget.
11. Procurement Requirements. The Omni CRA confirms to the County and the City
that Omni CRA has adopted procurement procedures to be utilized by the Omni CRA for
procurement.
12. Community Benefits.
A. The Omni CRA agrees that all agreements with entities or contractors receiving grants of
$1,000,000.00 or more from the Omni CRA for new or rehabilitated commercial and residential
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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,
to the extent feasible.
B. The Omni 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)
(v). Living Wage Ordinance (Section 2-8.9 of the Code)
(vi). Responsible Wage Ordinance (Section 2-11.16 of the Code).
13. Miami -Dade County or Other Taxing Authority Representation. Pursuant to
section 163.357(1)(d), Florida Statutes, one member of the Board or their designee may be
appointed to serve on the Omni CRA's Board of Commissioners and said County Commissioner
or designee shall be vested with the same rights, duties and obligations as any other Omni CRA
commissioner. Said membership on the CRA's Board of Commissioners shall be considered an
additional duty of office as prescribed by section 163.357(1)(d) of the Florida Statutes. Such
appointment by the Board shall be immediate and will become part of the Omni CRA's board of
commissioners without further action from the Omni CRA required.
14. 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 Omni 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 Omni CRA shall submit to the County's
Inspector General' s review in accordance with Section 2-1076 of the Code of Miami -Dade County,
Florida. The County's Inspector General shall be empowered to review past, present and proposed
Omni 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 Omni 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.
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15. Recovery of Grant Funds. The Omni CRA shall include in all contracts and grant
agreements executed from and after the Effective Date a "claw back" provision that will require
the Omni CRA to "claw back" 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 Omni 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.
16. Safeguards for Resident Displacement. In the event the Omni CRA funds a
redevelopment project authorized by the 2020 Redevelopment Plan that may displace persons
(including individuals, families, business concerns, nonprofit organizations and others) located in
the Redevelopment Area, the Omni 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 Omni 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 Omni 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.
17. Affordable and Mixed Income. The County acknowledge and agrees that the
Omni CRA 2020 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 Median Income (AMI), as defined by the U.S. Department of Housing and Urban
Development and the County acknowledges that the 2020 Redevelopment Plan gives priority to
rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or
moderate income persons.
18. Annual Budget. The Omni CRA agrees to include in its annual fiscal budget a
description of expenditures made by the Omni 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.
19. Ethics Training. The Omni CRA agrees that all members of the Board of
Commissioners of the Omni CRA, staff of the Omni CRA, members of advisor boards of the Omni
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
in accordance with County Resolution No. R-499-16 and section 163.367, Florida Statutes.
20. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the
terms of this Amendment, this Amendment shall control.
21. Ratification. Except as modified by this Amendment, the Interlocal Agreement is
ratified and reaffirmed.
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22. Effective Date. The effective date of this Amendment shall be the date this
Amendment is last executed by the County, the City and the Omni CRA (the "Effective Date")
23. Time of the Essence. Time is of the essence in the performance of this
Amendment.
24. 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 2024 Interlocal Agreement.
25. Severability. If one or 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.
26. Counterparts. This Amendment may be signed in counterparts.
**Signatures Appear Below**
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,
a municipal corporation of the
State of Florida
Miami -Dade County,
a political subdivision of the
State of Florida
By: By:
Arthur Noriega, City Manager Daniella Levine Cava, Mayor
ATTEST:
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HARVEY RUVIN, Clerk
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By: By:
Todd B. Hannon, City Clerk Deputy Clerk
Omni Community Redevelopment Agency,
a public body corporate and politic
By:
Isiaa Jones, Executive Director
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR
MIAMI-DADE COUNTY;
By: By:
Todd B. Hannon, Clerk of the Board Terrence A. Smith
Assistant County Attorney
4ck‘
Am\
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Date:
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APPROVED AS TO FORM AND
CORRECTNESS FOR CITY OF MIAMI:
By:
Hans Ottinot, City Special Counsel
Date:
APPROVED AS TO FORM AND
CORRECTNESS FOR OMNI CRA:
By:
David N. Tolces, Omni CRA Special
Counsel
Date:
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Exhibit "A"
2010 Omni Redevelopment Area
Legal Description
THE STUDY AREA IS PHYSICALLY DEFINED AS BEGINNING AT THE EASTERN
SHORELINE AND NORTH SIDE OF NE 20TH STREET; THEN SOUTH ALONG THE
EASTERN SHORELINE TO THE NORTHSIDE OF MACARTHUR CAUSEWAY RIGHT-OF-
WAY; THEN EAST ALONG THE NORTHSIDE OF THE MACARTHUR CAUSEWAY
RIGHT-OF-WAY TO THE EASTERN SHORELINE OF WATSON ISLAND; THEN SOUTH
ALONG THE EASTERN SHORELINE OF WATSON ISLAND TO THE SOUTH SIDE OF
THE MACARTHUR CAUSEWAY RIGHT-OF-WAY; THEN WEST ALONG THE SOUTH
SIDE OF THE MACARTHUR CAUSEWAY RIGHT-OF-WAY TO THE EASTERN
SHORELINE; THEN SOUTH ALONG THE EASTERN SHORELINE TO 20 FEET SOUTH OF
THE FEC SLIP; THEN WEST ALONG THE 20 FEET SOUTH OF THE FEC SLIP TO THE
WEST SIDE OF BISCAYNE BOULEVARD; THEN NORTH ALONG THE WEST SIDE OF
BISCAYNE BOULEVARD TO THE SOUTHERN EDGE OF THE I-395 ROW; THEN
FOLLOWING THE SOUTHERN EDGE OF THE I-395 ROW TO THE WEST SIDE OF NW
1ST PLACE; THEN NORTH ALONG THE WEST SIDE OF NW 1ST PLACE TO THE SOUTH
SIDE OF NW 14TH STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 14TH
STREET TO THE WEST SIDE OF NW 1ST PLACE; THEN NORTH ALONG THE WEST
SIDE OF NW 1ST PLACE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST
ALONG THE SOUTH SIDE OF NW 22ND STREET TO THE EAST SIDE OF NW 2ND
AVENUE; THEN SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE SOUTH
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SIDE OF NW 22ND STREET; THEN WEST ALONG THE SOUTH SIDE OF NW 22ND
STREET TO THE WEST SIDE OF NW 5TH AVENUE; THEN NORTH ON THE WEST SIDE
OF NW 5TH AVENUE TO THE SOUTH SIDE OF NW 22ND STREET; THEN WEST ALONG
THE SOUTH SIDE OF NW 22ND STREET TO THE WEST SIDE OF NW 6TH AVENUE;
THEN NORTH ALONG THE WEST SIDE OF NW 6TH AVENUE TO THE NORTH SIDE OF
NW 23RD STREET; THEN EAST ALONG THE NORTH SIDE OF NW 23RD STREET TO
THE WEST SIDE OF NW 5TH AVENUE; THEN NORTH ALONG THE WEST SIDE OF NW
5TH AVENUE TO THE NORTH SIDE OF NW 23RD STREET; THEN EAST ALONG THE
NORTH SIDE OF NW 23RD STREET TO THE EAST SIDE OF NW 2ND AVENUE; THEN
SOUTH ALONG THE EAST SIDE OF NW 2ND AVENUE TO THE NORTH SIDE OF NW
22ND STREET; THEN EAST ALONG THE NORTH SIDE OF NW 22ND STREET TO THE
EAST SIDE OF NORTH MIAMI AVENUE; THEN SOUTH ALONG THE EAST SIDE OF
NORTH MIAMI AVENUE TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST
ALONG THE NORTH SIDE OF NE 20TH STREET TO THE FEC ROW; THEN SOUTH
ALONG THE FEC ROW TO THE NORTH SIDE OF NE 20TH STREET; THEN EAST ALONG
THE NORTH SIDE OF NE 20TH STREET TO THE WEST SIDE OF BISCAYNE BOULEVARD;
THEN NORTH ALONG THE WEST SIDE OF BISCAYNE BOULEVARD TO THE NORTH
SIDE OF NE 20TH TERRACE; THEN EAST ALONG THE NORTH SIDE OF NE 20TH TERRACE
TO THE EASTERN SHORELINE; THEN SOUTH ALONG THE EASTERN SHORE LINE TO
THE NORTH SIDE OF NE 20TH STREET.
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