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Revised: March 13, 2000 INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is made as of the 19t day of March, 2000, among the City of Miami (the "City"), a municipal corporation organized under the laws of the State of Florida, having offices at 444 S.W. 2nd Avenue, Miami, Florida 33128, the Southeast Overtown/Park West Community Redevelopment Agency (the "SEOPW CRA"), a 'public body corporate and politic of the State of Florida, and the Community Redevelopment Agency of the Omni Area (the "Omn CRA"), a public body corporate and politic of the State of Florida, having offices at 300 Biscayne Boulevard Way, Suite 430; Miami, Florida 33131. WITNESSETH WHEREAS, it is the purpose and the intent of this Agreement and the parties hereto and consistent with the Florida Interlocal Cooperation Act of 1969, as amended (the "Cooperation Act") to permit the City and the Miami CRA, as hereinafter defined, to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate 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. 1677-82 and 11248-95, respectively; and WHEREAS, the City approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan, pursuant to Resolution Nos. 82-755 and 85-1247, and the Omni Area Redevelopment Plan, pursuant to the Resolution Nos. 86-868 and 87-604; and WHEREAS, pursuant to Section 163.410, Florida Statutes, Miami Dade County'has delegated community redevelopment powers to the City; and WHEREAS, the Omni CRA and the SEOPW CRA are responsible for carrying out community redevelopment activities and projects in the Omni Redevelopment Area and the Southeast Overtown/Park West Redevelopment Area, respectively established pursuant to the Redevelopment Plans, as hereinafter defined; and WHEREAS, the boundaries for the Redevelopment Areas, as hereinafter defined are provided for in Exhibit A, attached and incorporated herein, as may be amended from time to time; and WHEREAS; it is consistent with the purpose of the Cooperation Act to provide a means by which the City and the Miami CRA May jointly exercise the powers, privileges and authorities that they share in common and that each Haight exercise separately, but which pursuant to this Agreement and the Cooperation Act they may exercise collectively, including but not limited to the manner of providing financial assistance and resources needed to accomplish the planning, design, development and implementation necessary for the undertaking and carrying out of the community redevelopment projects in the Redevelopment Areas as provided herein and in the Redevelopment Plans; and WHEREAS, the City and Miami CRA desire herein to provide for their mutual and respective understandings, agreements, rights, duties and obligations pertaining to the planning, design development and implementation of the Projects (as hereinafter defined) and the necessary staff, consultants and other service providers related thereto; and WHEREAS, the City and Miami.. CRA desire to facilitate the financing of the Projects for the current Fiscal Year and for future years, pursuant to the terms of this Agreement and related agreements as provided herein; and WHEREAS, the Cooperation Act and the Florida Community Redevelopment Act of 1969 permit intergovernmental coordination between the City and Miami CRA for: (i) certain services relating to financial support; (ii) the use of certain City employees; and (iii) other assistance related to the Projects and future projects; and WHEREAS, AS, the financing of the Projects and providing of employees to carry out services associated with the Projects will further governmental purposes and be of substantial benefit to the City and the Miami CRA; and WHEREAS, the Miami CRA's provision of program management, technical assistance, planning, coordination, development and other services necessary for the Projects will further the interests of the Miami CRA and the City and shall serve a public purpose by, among other things, aiding in the elimination of slums and blighted areas and advancing the public health and general welfare and willl result in the coordination, development, implementation and completion of the Projects in the Redevelopment Areas; and WHEREAS, it is necessary and appropriate for the parties to provide for intergovernmental cooperation and to cooperate and jointly proceed as provided herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained and subject to the terns and conditions hereafter stated, the City and the Miami CRA agree as follows: 2 ARTICLE I - AUTHORITY 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 DEFINITIONS 2.1 Definitions The terms defined in this Section 2.1 shall have the following meanings for purposes of this Agreement when initially capitalized herein: (a) "Act" means Part I and Part III, Chapter 163, Florida Statutes. (b) "Agreement" means this Interlocal Cooperation Agreement, including any exhibits hereto, as the same may be hereafter amended from time to time. (c) "Base Year" means the Fiscal Year 1999. (d) "City" means the City of Miami, Florida, a municipal corporation organized under the laws of the State of Florida, and any successors thereto or assigns thereof. (e) "CRA Board" means the Board of Directors ofthe Miami CRA. (f) "Effective Date" means the date as determined by Section 12.5 . hereof on which this Agreement becomes effective. (g) "Expiration Date" means the date on which this Agreement terminates by its own terms as provided in Section 10.1 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 next succeeding September 30. (i) . "Five Year Program 'Plan" means the five (5) year program plan for the execution of Projects as set forth in Article VIII. (j) "HUD Funds" mean grants of moneys the City receives from time , to time from the United States Department of Housing and Urban Development, including but not limited to community development block grant funds ("CDBG 3 Funds"), HOME Investment Partnership funds ("HOME Funds'), and other similar funds (k) "Miami CRA" means collectively the Southeast OvertownlPark West Community Redevelopment Agency and the Ouxni Area Community Redevelopment Agency of the City of Miami, their successors or assigns. (I) "Park Bond Funds" mean grants of moneys the City receives from time to time from Miami Dade County Safe Neighborhood. Park Bonds issued for capital improvements for existing parks in the City. (m) "Projects" mean the community redevelopment projects and related activities as defined in the Act within the Redevelopment Areas and approved by the City. (n) "Redevelopment Areas" mean the Omni CRA Redevelopment Area and the Southeast OvertownlPark West CRA Redevelopment Area as provided within the Redevelopment Plans as herein defined, as the same may be hereafter amended from time to time as described on Exhibit A. (o) "Redevelopment Plans" mean the Southeast OvertowniPark West Area Community Redevelopment Plan approved by the City in Resolution Nos. 82-755 and 85-1247, and the Omni Area Redevelopment Plan approved by the City in Resolution Nos. 86-888 and 87-604, as the same may be hereafter amended from time to time. ARTICLE III - PURPOSE; FINDINGS; INTENT 3.1 Purpose The Miami CRA 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 respective duties and obligations thereof and the procedures to be followed by the parties hereto in order to undertake and carry out the financing for the program management, technical assistance, planning, coordination, development and other services necessary for the Projects and the services of staff, consultants and others necessary for the Projects. 3.2 Findings The City and Miami CRA hereby ascertain, determine, declare and find that: (a) Projects that further the legislative findings of the Act and the related goals, purposes, and objectives of the Redevelopment Plans shall make a 4 significant contribution to the redevelopment'of the Redevelopment Areas and shall serve a public purpose by aiding in the elimination and prevention of slums and blighted areas, and providing affordable housing, and therefor advancing the public health and general welfare of the Redevelopment Areas. (b). The Miami CRA's undertaking of the program m.anagement, technical assistance, project administration, planning, coordination, development and provision of other services related to the Projects shall further the interests of the City and the Miami CRA, and will result in better coordination, efficient management and timely implementation of the development of the Projects. (c) It is necessary and appropriate for the City and the Miami CRA to cooperate and proceed as provided herein. 3.3 . Intent; Cooperation; Exercise of Powers. The parties hereto agree to cooperate and assist each other in achieving the purpose set forth in this Article. Each of the parties hereto does hereby grant to the other parties hereto and does acknowledge that the other parties /nay, 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 parties may not be able to exercise and which by virtue of this Agreement may be shared with the other parties and be exercised separately and collectively, subject to the limitations of Chapter 163 of the Florida Statutes. 3.4 Designation The City hereby designates SEOPW CRA as the exclusive party responsible for the planning, development, program management, technical assistance, coordination, project administration, monitoring and other services required for the completion of the Projects within the Southeast Overtown/Park West Redevelopment Area. The SEOPW CRA hereby agrees to carry out its duties and functions as such designated] exclusive party in accordance with the terms of this Agreement. The City hereby designates Omni CEA as the exclusive party responsible for the planning, development, program management, technical assistance, coordination, project administration, monitoring and other services required for the completion of the Projects within the Omni Redevelopment Area. The Omni CRA hereby agrees to 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 CRA to be a subrecipient of the City and afforded the same rights and privileges of anyother subrecipient receiving HUD Funds. The Miami CRA shall comply, with all applicable federal, state and local laws find regulations relating to the IIUD Funds and/or any other funds received by it from the City. For such purposes, the provisions of OMB Circular A-102 -("Grants and Cooperative Agreements With State and Local Governments", as amended August 29, 1997) as hereafter amended, are attached and incorporated hereto as Exhibit C. ARTICLE IV - FINANCIAL RESOURCES TO BE PROVIDED BY THE CITY 4.1 City's commitment to funding. The City hereby agrees to provide financial support to the Miami CRA for the planning, development, program management, technical assistance, coordination, monitoring and other services needed for the Projects undertaken pursuant to this Agreement. The City and Miami CRA hereby agree that: (a) Five Year Funding Plan. The City and Miami CRA shall, by separate resolution, agree to a five year funding plan ("the Five Year Funding Plan") for the Miami CRA relative to this Agreement. Such funding shall be subject to the annual appropriation, allocation and approval of the City Commission and subject to the City's receipt of any funds not originating with the City, and the Five Year Funding Plan shall be coordinated with the Five Year Program Plan to be established in accordance with Article VIII of this Agreement. The funds shall be held and administered as provided in Section 4.4 of this Agreement. Each year the Five Year Funding Plan shall be amended to reflect the sources and amount of funding to be provided by the City to the Miami CRA, and the Projects to be undertaken by the Miami CRA as reflected in the Five Year Program Plan, as same may be amended. (b) Administrative Expenses. The Miami CRA shall not use any community development block grant funds (hereafter referred to as "CDBG Fund?) received from the City for administrative expenses (as defined in 24 'CFR Part 570), without the prior written approval of the City Manager. The Miami ORA shall use<. funds received from other sources for any necessary administrative expenses. • 4.2 Base Year for Funding Purposes. The City and Miami CRA agree that the base year for the purposes of calculating the City's ongoing commitment to fund activities of the Miami. CRA pursuant to this Agreement shall 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 funds: (a) Project Plan. For the Base Year, the Miami CRA, shall receive HUD Funds for those Projects agreed to by the City. (b) General Fund Support. For the Base Year, the amount of $279,488 shall be provided by the City to the Miami CRA for other necessary expenses as agreed to by the City, pursuant to a budget submitted to the City by the Miami and approved by the City. Such budget shall be prepared by the Miami CRA in madame with the City's annual budget process. Such funds shall be expended as rovided herein, unless the Miami CRA has fixst.secured the written permission of the Section 4.2 (c) of the Agreement is amended to read as follows: costs inc B hereto excee dn. $11,500,0 by the Mit that, in th{ taav the sari ating thibit (c) Program Operations Expenses or General Fund Support. For the not Base Year and each Fiscal Year thereafter through September 30, 2002, for operating costs including the salaries and benefits of the City employees designated on Exhibit B hereto, and for other staff personnel contracted for directly by the Miami CRA not exceeding a Base Year amount of $379,900, unless agreed to by the City. " the paid Effective October 1, 2002. for Fiscal Year 2002-2003 and for each xtent Fiscal Year thereafter, $379,900 shall be provided by the City to the ity to Miami CRA from the City's General Fund. (2) The debt service obligations associated with the Section 108. loan in the amount of $5,100,000 (approved in 1990 and drawn in 1994) shall be paid by the Miami CRA. To the extent that, in the City s sole judgment, the Miami CRA does not have the financial ability to pay the same, the City shall fund such debt service obligations from its available allocation of Section 108 funds. (e) Other Financial Support. The City may also provide to the Miami CRA financial support other than the financial resources and support specifically identified herein. 4.3 Reallocation and Rollover of Unexpended Funds Any unexpended moneys, including monies due and payable to the Miami CRA, not obligated or encumbered by the Miami CRA derived from the sources of funds as provided in this Article and unexpended at the end of any fiscal year, shall be reallocated and carried over into the next Miami CRA fiscal year, subject to HUD and other funding source regulations and requirements, the requirements of any. related agreements or bond covenants and the City's prior approval. 4,4 . Disbursement of Funding to Fiduciary of Miami CRA. The City's Finance Department shall be the fiduciary for the SEOPW CRA and the Omni CRA if requested to serve ,as such fiduciary by the SEOPW CRA and/or the Omni CRA., respectively. The City's Finance Department shall conduct all of its activities in this regard in 9.ccordance with generally accepted accounting principles. 7 The,SEOPW CRA and the Omni CRA may eaeh designate a different fiduciary by appropriate resolution. ARTICLE V=PERSONNEL AND 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 on Exhibit B to serve as full-time staff to the Miami CRA for the program management, 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 CRA, for the annual detailing to the Miami CRA of full time and part time City employees from the various departments of the City providing services to the Miami CRA. For the Base Year as provided in Article IV of this Agreement, the City agrees that the employees designated in Exhibit B shall provide full time service to the Miami CRA. Any employees hired by the Miami CRA after the Effective Date 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 City's policy regarding the detailing of personnel. (b) The City employees designated to serve as full time staff to the Miami CRA shall continue to receive all the benefits provided to other City employees related to their employment with the City, except that the day-to-day duties and" supervision of the employees shall be determined and provided by the Miami ORA unless otherwise decided by the City Manager.. Such employees shall adhere to all City rules and regulations regarding employment. (c) The City Attorney shall serve as counsel to the Miami CRA, unles the Mani...CRAw.otherw,.ise selects a general counsel, provided that nothing herein shall prohibit the Miami CRAfrom obtaining special counsel, (d) The City Clerk shall serve as the official custodian of records and documents for the meetings of the Miami CRA, The City Clerk, or his or her designee, shall keep the minutes of the proceedings of the Miami CRA, maintain a journal of all resolutions, publish notice of meetings as required by law, and perform all other similar functions on behalf of the Miami CRA. (e) The City shall also provide the Mom( CRA with the assistance of such other City employees as may be requested by the Miami CRA, upon the approval of the City Manager. In furtherance of this provision, the City Manager and Miami CRA shall agree, in writing, on the general scope services to be provided by such City employees; however, the final approval of any such services shall be within the City. Manager's sole discretion. 8 r. (f) In furtherance of the intent of this Section 5.1, the Miami CRA's use of City personnel shall be detailed in a separate agreement as may be required by the City Manager between the Cityand the Miami CRA which agreement shall provide for reimbursement by the Miami CRA for the use of City employees. Such agreement shall comply with all applicable provisions of Section 112.24 of the Florida Statutes. 5.2 Selection of Certain Staff of CRA The 1VIiami CRA is hereby authorized to employ or contract with such persons and consultants that it deems appropriate, and to determine their qualifications, duties and compensation. ARTICLE VI - RESPONSIBILITIES OF THE MIAMI CRA 6.1 Responsibilities of Miami CBA. (a) The Miami CRA shall be responsible for the planning, development, program management, technical assistance, coordination and other services necessary.for the completion of the Projects. (b) For the financing of projects in future years as part of the City's annual budget process, the Miami CRA shall prepare and submit to the City a proposed budget which identifies the projects and activities to be planned, ,designed, developed, implemented and carried out by the Miami CRA prior to the appropriation, allocation and approval of the City's yearly budget. The budget process of the Miami CRA shall be in accordance with the City's annual budget process. (c) Any amendments, modifications or alterations of the Projects shall require the City's prior approval. 6.2 Reports to the City. The Miami CRA shall provide to the City status reports regarding the Projects. Such reports shall be provided to the City at such time or times as the City may require. Any reports required pursuant to any Project fund agreement shall be provided in accordance with such agreement. ARTICLE ViI - COOPERATION ON COMMUNITY REDEVELOPMENT INITIATIVES 7.1 Mutual Cooperation Between the Parties. • 9 To further enhance the community redevelopment activities in the City, the City and Miami CRA hereby agree to: (a) Work together for the incorporation and support of the legislative priorities and initiatives of the Miami CRA into the City's legislative priorities and initiatives. (b) Work cooperatively upon the approval of any legislative initiative of the Miami CRA. (c) Coordinate the delivery of municipal services associated with any Miami CRA Project(s) with the scheduling activities of the Project(s). The City Manager, or his designee, and the Miami CRA Director of Operations and Administration, or his designee, shall be responsible for such coordination. ARTICLE VIII - ESTABLISHMENT OF FIVE YEAR PLAN 8.1 Establishment of Five Year Program Plan. (a) The City and Miami CR.A shall prepare a five (5) year plan for projects and activities to be undertaken by the Miami CRA pursuant to this Agreement (the "Five Year Program Plan"). (b) The Miami CRA hereby agrees to be responsible for the preparation of the Five Year Program Plan. Such plan shall be presented for review and acceptance by the City Commission after approval by the Boards of Directors of both the SEOPW CR.A and the Omni CRA. The Five Year Program Plan shall be updated annually by the Miami CRA and be presented for review and acceptance by the City Commission after approval by the .Boards of Directors of both the SEOPW CRA and the Omni CRA. (c) Subject to the availability of funds and appropriation by the City Commission, the City shall fund the overall elements of the Five Year Program Plan approved by the City Commission. ARTICLE IX - EXECUTION OF RELATED AGREEMENTS 9.1 Execution of Any Required Agreements If the nature or use of the HUD Funds, Park Bond Funds or any other source of funding provided by the City to the Miami CRA pursuant to this Agreement requires the City and Miami CRA to enter into an agreement relating to a Project(s), such agreement shall be in accordance with all applicable rules and regulations of the funding source. I[} 9.2 Execution of Related Agreements All 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 - TERMINATION 10.1 Termination This Agreement shall terminate upon the dissolution of the Miami CRA or by resolution of the City Commission. ARTICLE XI - REPRESENTATIONS; WARRANTIES; COVENANTS 11.1 Representations and Warranties and Covenants of the City The City represents, warrants and covenants to the M.ami CRA. that each of the following statements is presently true 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 on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will ' be a party (b) The Miami CRA shall coordinate all community redevelopment activities in the Redevelopment Areas. (c) The City shall continue its redevelopment activities throughout the City, except as provided in this Agreement. (d) This Agreement has been duly authorized by all necessary action on the part of, and has been, or will be, duly executed and delivered by the City, and neither the execution and delivery hereof nor compliance with the terms and provisions hereof, (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, or (ii) contravenes or results in any breach of, or default under any other agreement to which the City is a party, or alts in the creation of any lien or encumbrance upon any property of the City. 11 (e) This Agreement, when entered, constitutes a legal, valid and binding obligation of the City, enforceable against the City in accordance with the terms hereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are 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 officer of the City, which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transaction contemplated hereunder of the financial condition of the City. . (g) The City shall continue to fulfill its obligations to deliver and \-\i provide municipal services in the Redevelopment Areas, Upon the occurrence of a conflict between the Miami CRA and the City relative to the provision and delivery of services within the Redevelopment Areas, the decision of the City Attorney shall control. (b) The City encourages the Miami CRA and agrees to assist the Miami CRA, to the extent determined by the City Manager, to apply for and seek state, federal and corporate grants and support. (i) To the extent permitted by law and to the extent the same shall not violate any rule or regulation of any applicable funding source, the Miami CRA shall be able to seek funding from other resources other than the City to support the Redevelopment Plans. 11..2 Representations and Warranties and Covenants of the CRA The Miami CRA represents and warrants to the City that each of the following statements is presently true and accurate: • (a) The Miami CRA is a body corporate and politic under the laws of the State of Florida, separate and distinct from the City, has all requisite corporate power and authority to carry on it business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party. (b) This Agreement has been duly authorized by all necessary action on the part of, and has been, or will be, duly executed and delivered by the Miami. CRA, and neither the execution and delivery hereof, nor compliance with the terms k2 'and provisions hereof, (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing Law, judgment, governmental rule, regulation or order applicable to or binding on any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the Miami CRA is a party, or (iii) contravenes or results in any breach of, or default under any other agreement to which the Miami CRA is a party, or results in the creation of any lien or encumbrance upon any property of the Miami CRA. (c) This Agreement, when entered, constitutes a Legal, valid and binding. obligation of the -Miami CRA, enforceable against the Miami CRA in accordance with the terms hereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) The Miami CRA shall timely fulfill, or cause to be fiulfilled, 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 under this Agreement. (f) The Miami CRA shall provide to the City a copy of any applications made to obtain grants of moneys from resources or entities, other than the City, including the Federal Government. (g) The Miami CRA agrees to apply for state, federal and corporate grants and support. XII - MISCELLANEOUS 12.1 Meeting Notices to City Manager The Miami CRA shall provide the City Manager with notices of all of its regular and special board .meetings. 12.2 ..... Entire Agreement This Agreement, its attachments and any related agreements entered as provided herein constitute the entire agreement of the parties hereto. 13 12.3 Modification or Amendment This Agreement may be amended in writing by the mutual agreement of the parties. 12.4 Severability If any obligation of any party to this Agreement is found to be invalid or if any one or more of tb.e covenants, agreements or provisions of this Agreement should be held contrary to any express provision of law, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Agreement, which shall remain in full force and effect. 12.5 Effective Date This Agreement shall become effective on the date on which this Agreement is (i) executed by the City and. Miami CRA, (ii) approved by the Emergency Financial Oversight Board appointed by the State of Florida, and (iii) filed with the Clerk of the Circuit Court of Miami Dade County, Florida, whichever is later; and shall expire upon termination as provided in Article 10 hereof. 12.6 Assignment This Agreement shall not be assigned by the Miami CRA, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion, 12.7 No Member Liability. No covenant, stipulation, obligation or agreement contained herein shall 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 CRA in its, his/her or their individual capacity, and neither the members of the governing body of the City or the Miami CRA, nor any official executing this Agreement shall be liable personally or shall be subject to any accountability for reason of the execution by the City or the Miami CRA of this Agreement or any act pertaining thereto. 12.8 Notices It is understood and agreed between the parties that written notice addressed to the City Manager or to the Executive Director of the Miami CRA and mailed, 14 certifiedireturn receipt, or hand delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. 12.9 Controlling Law This Agreement shall be governed by the laws of the State of Florida. Proper venue for any proceedings pertaining to this Agreement shall be in Miami Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have entered into this lnterlocal Cooperation Agreement as of the day and year first above written. ATTEST. Walter Foeman, i Clerk APPRO ! ` ORM AND LE S ►, " ENCY n 0 ty Attor Walter Foeman, City Clerk _PROVED AS TO FORM AND CITY OF By: FLORIDA Donald Warshaw, City Manager SOUTHEAST OVERT /PARK WEST CO ,r TY ' EDE OPM.ENT AGE By: l , r.1 ,t'►.:! ' Richard H. Ju• cutive r.: ector 15 LEGAL SUFFICIENCY William R. Bloom, Esq. Holland & Knight LLP, Counsel to SEOPV' CRA Walter Foernan,, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William R. Bloom Holland & Knight LLP, Counsel to Omni CRA. 011M€NI AREA COMMUNITY REDE LOPMENT AGENCY B chard H. 'u►yi xec ve Director 16 Exhibit A EXHIBIT "A" Legal Description For OMNI Community Redevelopment Area All that portion of the following listed record plats lying within the area bounded by the Florida East Coast Railroad right-of-way on the West, the Northerly right-of- way line of I-395 on the South, the Westerly shore of Biscayne Bay on the East and the Southerly right-of-way of N.E. 20 Street on the North: Plat Name PlatsBook Page The Causeway Fill 5 120 First Addition to Serena Park 80 8 Resubdivision of Pershing Court and Walden Court 4 148 Serena Park 76 86 Pershing Court . . 4 147 Walden Court 4 148 Yi Walden Court First Addition 6 23 Rickmers Addition Amended 4 149 Windsor Park Third Amended 4 145 Windsor Park Second Amended 4 123 The Villa La Plaisance 4 114 Boulevard Tract 100 65 Belcher Oil Company Property 34 29 The Garden of Eden 4 12 Nelson Villa and Garden of Eden Resubdivision 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 Rice and Sullivan Subdivision 4 64 Amended Plat of Miramar Plaza 33 18 Miramar Third Amended 5 . 4 Biscayne Park Addition 2 24 Replat of a Portion of Nelson Villa Amended 56 69 ASC Tract 89 21 Margaret Pace Park (Unplatted) Coral Park 2 66 Resubdivision of Coral Park 4. 106 Grand Union Replat 76 • 78 Mary Brickell Subdivision 8 9 Windsor Park 3 147 A-1 Plat Name Exhibit A Plat Book Page Rickmers Addition Amended 3 2 Alice Baldwin Addition 1 119 Alice Baldwin Jenny M. & Charles E. Oxar Subdivision Amended 8 87 Ward & Havling's Resubdivision 4 185 Charles E. Oxar Block 24 Amended 3 101 Charles E. Oxar Block 15 Corrected 3 58 Alice Baldwin Block 1 Corrected 6 43 Lindsey Hopkins Education Center 84 48 Heyn Prop. Inc. Resubdivision 6 93 North Miami A 49 V2 Lindsey Hopkins Educational Center North Parking Lot , 93 90 T.W. Palmers Resubdivision 4 60 W.T, Heslington Subdivision •8 97 City of Miami Cemetery 2 16. San Jose 3 158 Niles Court Resubdivision 32 36 Fire Station Site 1972 _ 93 42 Seitter Addition Amended 2 60 Style Accessories Subdivision 62 8 Replat of Lot 2, North Miami 57 69 Omni International 102 3 Plaza Venetia 107 91 Herald Park 121 4 Bay Serena 7 ' 135 Replat of Johnson and Wadden 50 15 Johnson and Waddell 8 53 Jefferson Addition 108 55 Biscayne Federal Plaza First Addition 116 7 Amended plat of Les Violins 109 16 Biscayne Federal Plaza Amended ' 109 .77 Replat Biscayne Federal Plaza 103 60 .• And all that portion of any uiisubdivided lands lying in Section 36, Township 53 South, Range 41 East and Section 31, Township 53 South, Range 42 East, lying within the area defined above, and all that portion of any street, avenue, terrace, lane, way, drive, court, place, boulevard or alley lying within the area defined above and any other subdivisions, not listed above, lying within the above defined area. A-2 et, a:. Exhibit A Legal Description for Southeast OvertownlPark West Community Redevelopment Area Area bounded generally by Biscayne Boulevard on the East, 1-95 on the West, 1-395 on the North, and North 5t.h Street on the South A-3 1. 2. Employee Hilda Tejeta Hammond Noriega Exhibit "B" r• Po,sition, Administrator Community Coordinator B.1 Exhibit "C" OMB Circular A-102 ("Grants and Cooperative Agreements With State and Local Governments, as amended August 29, 1997) • YAM #866692 v7 (Copy Attached) CONTRACT REVIEW AND ANALYSIS FORM ATTACH SUPPORTING DOCUMENTS , , OFFICE DATE: March 22, 2000 • ':i.0 u, DEPARTivMENT/DIVISION: Community Development .A 1; tj3 • CONTACT PERSON/CONTACT NUMBER: Gwendolyn C. Warren / (T�#1lbi79' CONTRACTING ENTITY: Omni and S.E Overtown Park West Community Redevelopment Agencies RESOLUTION NUMBER(S): BID/PROJECT NUMBER: (If Applicable) BUDGETARY INFORMATION: Are funds budgeted? YES NO If yes, TOTAL DOLLAR AMOUNT: $659,388.00 EXPENSE 0 REVENUE SOURCE OF FUNDS: General Fund, Community Development ACCOUNT CODE(S) If grant funded, is there a City match requirement? ❑ YES NO AMOUNT: Are matching funds Budgeted? 0 YES IZ NO Account Code(s): N/A TERMS OF CONTRACT: Effective Date: Upon Oversight Board approval Escalating Clause, if any: N/A Contract Period (s): October 1, 1999 Penalties, (if any), for termination: Payment terms: N/A If grant funded, list restrictions/requirements, if applicable: SUMMARY/DESCRIPTION OF CONTRACT OR AGREEMENT Is this an extension? ❑ YES ❑ NO If YES, actual expenditures in previous contract Year: Summary/Description of Contract Agreement: PLEASE SEFSATTACHED JUSTIFICATION FOR CONTRACT OR AGREEMENT (Include why it is needed, eonseiluenc.s if not authoneet1 or approved and time Constraints, if any.) Interlocal Cooperation agreement betwee the City of Miami and Community Redevelopment Agencies for development activity METHOD OF PURCHASE•(If applicable) ❑ Telephone quotes- 0 Single Purchase O Written quota, ❑ Short -Term Contract O Negotiated Purchase 0 Term of Contract ❑ Sole Source (include documentation) 0 Lease (Type ❑ Bid Waiver (include documentation) ® Other ❑ Formal Bid/Proposal (include .f . abularion/p oposal Ranking) PREVIOUS AWARDS OF tc l l g +, „ ' LE) Prom most recent: None /t DIRECTOR or DESIGNEE; APPROVAL: Donal. s arshaw, City Maria ar APPROVAL: Financial Oversight Board DATE: �r .�j] DATE 17'Z-1't�(� '� DATt% om' —? 2 - 0 BUDGET APPROVAL: • DATE: TO: CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM Priscilla A. Thompson City Clerk FROM: Ilene Temchin, Assistant City Attorney DATE: June 9, 2003 RE: Amendment No, 1 to Interlocal Cooperation Agreement CRA Records Retention • • Attached is the originally executed. Amendment No. 1 to the Interlocal Cooperation Agreement between the City of Miami, the Southeast Overtown/Parkwest Community Redevelopment Agency and the Community Redevelopment Agency of the Omni Area, dated-. May 13, 2003. Kindly retain this Agreement with the other originally executed documents that you maintain for the CRA. Please call me if you have any questions regarding the attached. Thank you. Attachments c: b'Prank K. Rollason, Executive Director, Community Redevelopment Agency James Villacorta, Assistant City Attorney CRA:{nterlooalAgreement:2•Thompson-06•09-43 AMENDMENT NO..1 INTERLOCAL COOPERATION AGREEMENT This Amendment is entered into this 1"3 day of `'14 , 2003 by and between the City of Miami,, a municipal corporation of the State of Florida (the "City"), having offices at 444 S.W. 2nd Avenue, Miami, Florida 33130, the Southeast Overtown/Park West Community Redevelopment Agency (the "SEOPW CRA") and the Community Redevelopment Agency of the Omni Area (the "Omni CRA"), each a public body corporate and politic of the State of Florida, both having offices at 300 Biscayne Boulevard Way, Suite 430, Miami, Florida 33131. The OMNI CRA and the SEOPW CRA are jointly referred to as the "Miami CRA". WHEREAS, the City and the Miami CRA entered into that certain lnterlocal 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 CRA; and WHEREAS, the City and the Miami CRA desire and agree to amend the Agreement to clarify the provisions of Section 4.2 of the Agreement as hereinafter provided. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in consideration of other valuable consideration, the parties covenant and agree as follows: 1. Section 4.2 (c) of the Agreement is amended to read as follows: (c) Program Operations Expenses or General Fund Support. For the Base Year and each Fiscal Year thereafter through September 30, 2002, for operating costs including the salaries and benefits of the City employees designated on Exhibit B hereto, and for other staff personnel contracted for directly by the Miami CRA not exceeding a Base Year amount of $379,900, unless agreed to by the City. Effective October 1, 2002 for Fiscal Year 2002-2003 and for each Fiscal Year thereafter, $379,900 shall be provided by the City to the Miami CRA from the City's General Fund. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the day and year first above written. ATTEST: - ,1 •� (----Priscilla A. Thompsol City Clerk Approved -is to Form and Corrctnesi: Alejandro Vilarello City'Attorney r' ATTEST: Priscilla A. Thompson Cited Clerk Approved as to Form and Correctness: City of N 'iami, a nicipal corpora of the State of Flo 'd "c'-' '• -• By: gcleide J i e Arriola City Manager Southeast Overtown/Park West Community Redevelopment Agency Frank K. Rollason, Executive Director Community Redevelopment Agency of the Omni Area William R. Bloom Frank K. Rollason, Executive Director Special Counsel CRA inter local Agt Amend 1 -02-12-03 SECOND 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 "2025 Interlocal Agreement") is made and entered into this g day of May , 2025, 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 2025 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 2025 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 2025 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 1 negotiate and execute this agreement inclusive of the additional County conditions; and WHEREAS, on April 10, 2025, the City adopted Resolution No. R-25-0131 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 2025 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 2025 Interlocal Agreement. 2. Defined Terms. Defined terms utilized in this 2025 Interlocal Agreement but not defined herein shall have the meaning ascribed to said terms in the Interlocal. 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. 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 31' of each year. b. 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. {00310478.1 3426-0000000)(Draft Interlocal- Provisions to be negotiated and Finalized ) 2 c. 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. 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. 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 836/1- 95 Design -Build Project (1-395 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. i. 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. J. 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 fmance, 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 4 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. 5 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. SafeEuards 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 lnterlocal Agreement is ratified and reaffirmed. 6 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 2025 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 ON THE FOLLOWING PAGE] 7 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 ur Noriega, }City Manager ATTEST: By ticTodd + . Hannon, City Clerk OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Flo ida Statutes ("CRA") By: /( r L3 Isiaa A. Jones, Executive Director ATTEST: By1 Tod :. Hannon, Clerk of the Board utint_, Miami -Dade County, a political subdivision of the State of Florida By: For Danielli-Lei e Cava, Mayor JUAN FERNANDEZ-BARQUIN, Clerk of the Court and Comptroller By: (Deputy Clerk's Si nature ,.. - Print Name: E'va NO e4u 57) Date: /Ib 2c-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY; By: Terrence A. Smith, Assistant County Attorney Date: 8 es APPROVED AS TO FORM AND CORRECTNESS FOR OMNI CRA: APPROVED AS TO FORM AND CORRECTNESS FOR CITY OF MIAMI:: By: / / G By: Weiss Serota Helfman Coe ian, P.L., Ha Omni CRA Special Coup el �%� ©�%/O2�Date: Date: 9 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 20TR 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 10 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 20THTERRACE; 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. 11