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HomeMy WebLinkAboutCRA-R-24-0078 MemorandumSEOPW Board of Commissioners Meeting November 21, 2024 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: November 22, 2024 and Members of the CRA Board File: 16964 From: James McQueen Executive Director Subject: Interlocal Agency Agreement between City of Miami, SFRTA and SEOPW CRA Enclosures: BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), authorizing the Executive Director of the SEOPW CRA to negotiate and execute an Amendment ("Amendment") to that certain Interlocal Agency Agreement between the City Of Miami, Florida, the South Florida Regional Transportation Authority ("SFRTA"), and the SEOPW CRA dated November 8, 2016 ("2016 Interlocal Agreement"), in a form acceptable to Counsel for the SEOPW CRA, for the development of the Tri-Rail Downtown Miami Link Project ("Project") ("Purpose"). The 2016 Interlocal Agreement provided for the City to issue debt on behalf of the SEOPW CRA for payment of Seventeen Million Five Hundred Twenty -Eight Thousand Dollars and Forty -Nine Cents ($17,528,049.00) (the "Grant") towards the cost of constructing the Project to facilitate travel between the redevelopment area of the SEOPW CRA, the City and other urban centers across South Florida by supporting SFRTA's extension of its Tri-Rail passenger commuter rail service to Downtown Miami. The City, the SFRTA, and the SEOPW CRA find that it is in the best interest of the parties to amend the 2016 Interlocal Agreement in the following particulars: 1. Amend the 2016 Interlocal Agreement to provide that the source of payment of the Grant will be determined solely by the City and the SEOPW CRA, and that, regardless of the source of the payment of the Grant, both the City and the SEOPW CRA shall provide the entire Grant amount to SFRTA no later than December 31, 2024; 2. Delete certain provisions of Section 3.2 that preclude the SEOPW CRA from issuing any debt prior to payment of the Grant amount, as long as any debt issued by the SEOPW CRA (or the City on the SEOPW CRA's behalf) subsequent to the date of the amendment to the 2016 Interlocal Agreement includes the entire Grant amount owed to SFRTA and the payment of the Grant amount to SFRTA is made in full before any other parties (including the City or SEOPW CRA) receive or expend any other proceeds from the issuance of such debt; 3. Delete Section 3.3 of the 2016 Interlocal Agreement to remove the bond validation requirements; and 4. Amend the 2016 Interlocal Agreement to provide for termination of the 2016 Interlocal Agreement upon payment of the Grant amount in full. It is recommended that Board of the SEOPW CRA authorize the Executive Director or his designee, to negotiate and execute an amendment to the 2016 Interlocal Agreement. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes, (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." On October 25, 2024, the SFRTA Board authorized the Executive Director of the SFRTA to negotiate and execute an amendment to the 2016 Interlocal Agreement and incorporate the Interlocal Amendments stated herein. The City at its regular meeting on November 21, 2024 is anticipated to authorize its City Manager to negotiate and execute an amendment to the 2016 Interlocal Agreement to incorporate the stated Interlocal Amendments stated herein FUNDING: This Resolution does not commit funding. Page 2 of 6 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: November 21, 2024 CRA Section: Brief description of CRA Agenda Item: Financial Form is not applicable. Project Number (if applicable): YES, there are sufficient funds in Line Item: Account Code: Amount: NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Executive Director 11/14/2024 Approval: Miguel A Valcntir , Finance Officer 11/14/2024 Page 3 of 6 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: CRA-R-24-0078 File Number: 16964 Final Action Date:11/21/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SEOPW CRA TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THAT CERTAIN INTERLOCAL AGENCY AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, AND THE SEOPW CRA DATED NOVEMBER 8, 2016, IN A FORM ACCEPTABLE TO COUNSEL FOR THE SEOPW CRA, FOR THE DEVELOPMENT OF THE TRI-RAIL DOWNTOWN MIAMI LINK PROJECT ("PROJECT"); FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE COUNSEL FOR THE SEOPW CRA, FOR SAID PURPOSE; AND PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R-15-0339 adopted on July 23, 2015, the City of Miami, Florida (the "City") executed a certain Interlocal Agency Agreement dated November 8, 2016 (the "Interlocal Agreement"), with the South Florida Regional Transportation Authority (the "SFRTA"), and the Southeast/Overtown Park West Community Redevelopment Agency (the "SEOPW CRA") for the implementation of the Tri-Rail Downtown Miami Link Project (the "Project"); and WHEREAS, the Interlocal Agreement provided for the City to issue debt on behalf of the SEOPW CRA for payment of $17,528,049.00 (the "Grant") towards the cost of constructing the Project to facilitate travel between the redevelopment area of the SEOPW CRA, the City and other urban centers across South Florida by supporting SFRTA's extension of its Tri-Rail passenger commuter rail service to downtown Miami; and WHEREAS, the City, the SFRTA, and the SEOPW CRA find that it is in the best interest of the parties to amend the Interlocal Agreement in the following particulars: 1. Amend the Interlocal Agreement to provide that the source of payment of the Grant will be determined solely by the City and the SEOPW CRA, and that, regardless of the source of the payment of the Grant, both the City and the SEOPW CRA shall provide the entire Grant amount to SFRTA no later than December 31, 2024. Page 4 of 6 2. Delete certain provisions of Section 3.2 that preclude the SEOPW CRA from issuing any debt prior to payment of the Grant amount, as long as any debt issued by the SEOPW CRA (or the City on the SEOPW CRA's behalf) subsequent to the date of the amendment to the Interlocal Agreement includes the entire Grant amount owed to SFRTA and the payment of the Grant amount to SFRTA is made in full before any other parties (including the City or SEOPW CRA) receive or expend any other proceeds from the issuance of such debt. 3. Delete Section 3.3 of the Interlocal Agreement to validation requirements. remove the bond 4. Amend the Interlocal Agreement to provide for termination of the Interlocal Agreement upon payment of the Grant amount in full. (collectively, "Interlocal Amendments"); and WHEREAS, on October 25, 2024, the SFRTA Board authorized the Executive Director of the SFRTA to negotiate and execute an amendment to the Interlocal Agreement to incorporate the Interlocal Amendments; and WHEREAS, the City at its November 21, 2024, regular meeting is anticipated to authorize its City Manager to negotiate and execute an amendment to the Interlocal Agreement to incorporate the Interlocal Amendments; and WHEREAS, it is in the best interest of the SEOPW CRA to authorize the Executive Director or his designee, to negotiate and execute an amendment to the Interlocal Agreement to incorporate the Interlocal Amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: SECTION 1. INCORPORATION BY REFERENCE. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. SECTION 2. AUTHORIZATION TO AMEND INTERLOCAL AGREEMENT. The Executive Director or his designee, is authorized to negotiate and execute an amendment to the Interlocal Agreement to incorporate the Interlocal Amendments, in a form acceptable to the Counsel for the Agency, between the City, the SFRTA, and the SEOPW CRA for the Project. SECTION 3. AUTHORIZATION TO EXECUTE NECESSARY DOCUMENTS. The Executive Director or his designee, is further authorized to negotiate and execute any and all Page 5 of 6 other necessary documents, modifications, and amendments, all in forms acceptable to the Counsel for the Agency, for said purpose. SECTION 4. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 11/14/2024 Page 6 of 6