HomeMy WebLinkAboutBack-Up DocumentsJ-83-170
RESOLUTION NO.
83-187 3-i8-5.3 `~
A RESOLUTION AUTHORIZING TH.E•CITY MANAGER'TO
EXECUTE AN INTERL.00AL COOPERATION AGREEMENT
WITH METROPOLITAN DADE COUNTY, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO, TO ESTABLYSH
RESPONSIBILITIES FOR THE. IMPLEMENTATION OF
THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOP-
MENT PROJECT.
WHEREAS, the City of Miami by Resolution No. 82-755 has
approved in principle the Southeast Overtown/Park West Community
Redevelopment Plan (hereinafter referred to as the PROJECT); and
WHEREAS, Dade County by Resolution No. 1677-82 has approved
the PROJECT establishing the Southeast Overtown/Park West Project
Area (hereinafter referred to as PROJECT AREA) as a,separate
community redevelopment area for tax increment financing pur-
poses; and
WHEREAS, Dade County by Ordinance No. 82-115 has established
and created in accordance • With the provisions of Florida Statute
Section 163.387 a Redevelopment Trust Fund (hereinafter referred
to as the FUND) and has authorized allocation of monies from such
FUND; and
WHEREAS,
Florida
Statute Section 163.387, Dade County may, in its discretion,
'telegate the exercise of community redevelopment powers to. the
City of Miami by resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement between the City of Miami and Metropolitan
Dade County, in substantially the form attached hereto, to
establish responsibilities for the implementation of the South-
east Overtown/Park West Redevelopment Project.
PASSED AND ADOPTED this 18 day of MARCH
in accordance •with the provisions of
a
RALP G. ONGIE
pity Clerk '
PREPARED AND APPROVED BY;
JOL E. MAXWEL
ssistant City Attorney
wpc/O70/(1)
MAURICE A. FERRE
, 1983.
MAURICE A. FERRE, Mayor
APPROVED ASTOFORM AND CORRCTNESS; ``
OSE R. GARCIA-PEDa2MI COMMISSION
City Attorney MEETING OF
INTERGOVERNMENTAL C00PERATI0N AGREEMENT .
THIS AGREEMENT, made this c. day of 22 - , 1983, by and
between Metropolitan Dade County, a political subdivision of the
State of Florida (hereinafter referred to as the COUNTY) and the
City of Miami, a municipal corporation under the laws of the
State of'Florida (hereinafter referred to as the CITY).
W I T N E S S E T H:
WHEREAS, the COUNTY has been awarded a grant of $6,770,67.0
by the United States Department of Transportation: Urban Mass
Transportation Administration (UMTA) to undertake the Overtown
Urban Initiatives Redevelopment Project No, FL-03-0064 ,as amended
4'(PROJECT); and
WHEREAS, this PROJECT will take place within the corporate
limits of the City: and
WHEREAS, the CITY is contributing 85% of the local cash
match needed to conduct the PROJECT: acid
WHEREAS, the COUNTY and CITY desire to provide the manner in
which the CITY shall have certain responsibilities for the PROJECT
.and to establish a committee to oversee the PROJECT.
NOW, THEREFORE, the COUNTY and the CITY agree as follows:
1. CREATION OF COMMITTEE
An Overtown Urban Initiatives Project Management Committee
(COMMITTEE) is hereby created which shall be composz•d of the
following COUNTY and CITY staff, or the persons designee:
- Dade County Transportation Administration Coordinator
- Dade County Transportation Administration Urban
Initiatives.Manager
- Dade County Department of Housing and Urban Development
Director
- Dade County Affirmative Action Director
- Dade County Community and Economic Development
Coordinator'
- City of Miami Assistant City Manager
- Southeast Overtown/Park West Project 1;?-694:
Director/Assistant City Manager Cla r1 rr
- City of. Miami Department of Community Development 3.2/1
Director
- City of Miami Department of Economic Development.
Director
2. COMMITTEE FUNCTIONS
a. The COMMITTEE 'shall review the Redevelopment Plan,
PROJECT budget, implementation schedules and
v
timetables, relocation and land disposition guidelines
as well as guidelines for minority participation.
in project hiring, contract and business development
opportunities and make appropriate recommendations
to appropriate advisory boards and to the County
and City Managers.
b. The COMMITTEE shall perform the function of evaluating
development proposals and recommending a developer.
,to appropriate advisory boards and to the'County
and City Managers.
c. The County and City Managers shall designate a
Projdct Coordinator and Project Manager., respectively,
to carry out the COUNTY and CITY responsibilities.
for,the PROJECT. These two people will serve as
co -chairpersons of the COMMITTEE. All recommendations
to the.COMMITTEE shall be jointly submitted by both
co -chairpersons.. The PROJECT budget shall be
jointly developed by them and approved .by the
County and City Managers.
3. CITY RESPONSIBILITIES
a. Land Disposition
The CITY shall prepare the land disposition guidelines
and procedures and PROJECT marketing materials
which shall be reviewed and approved by the Miami
City Commission and the Board of County Commissioners
prior to issuance. After approval. of the project
marketing materials, the CITY shall be responsible
for advertising for developers and carrying out
2
all ..,:tivities to interest deve-opers to submit
proposals. The COMMITTEE shall perform the function
of evaluating proposals and recommending{ a developer
to the Miami City Commission and the Board of County
Commissioners. The Board of County Commissioners shall
make the final selection; however, in no event shall
the Board of County Commissioners select a developer
who has not first been approved by the Miami City
Commission, nor shall the Board of County Commissioners
reject a developer who has Teen approved by the Miami
City Commission and whose proposal complies with the
requirements of the request far proposal,. Any dispo-.
-sition of land for the project shall be accomplished
in accordance with federal guidelines and applicable
provisions of state law, Promptly after the selection
of the developer by the County Commission, the County
Commission shall authorize, the conveyance of the land -
to the City at no cost. The actual conveyance shall.
. take place in time to meet the developer's financing
requirements. When the CITY conveys the land to the
developer, the proceeds from the sale shall be sent
to the COUNTY for use in accordance with the
CITY/COUNTY project budget. If (a) within thirty-six
(36) months from the time the COUNTY advises the CITY
that a development site has been acquired, a developer
has not been initially approved by the Miami City
Commission, or (b) within forty --eight (48) months
of such time a developer has not started construction,
the Board •of County Commissioners may withdraw the
delegation to the CITY to market the land and to
the Miami City 'Commission to n1y ,mrove the
developer.
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ti
b. Citizen Participation
1. Provide .administrative support tb the
•0vertown Advisory Board.
2. Coordinate COUNTY. and CITY involvement
with the community.
c. Project Management, Administration and
Coordination
1. Develop implementation schedules and
timetables for all PROJECT activities
2. Monitor the implementation schedules and
timetables.
3. Submit regular progress reports to•t+he
COUNTY the COMMITTEE and the community.
Except as specified in this Agreement, the COUNTY shall be
responsible for all aspects of the PROJECT.
•
4. CITY CONTRIBUTION
The CITY 1411 pay $1,438,767 to the COUNTY which is 85% of the
local share of the grant. The above amount will be paid in installmen
of:
$500,000 by November 15, 1982
$469,383 by July 15, 1983
$469,384 by July 15, 1984
Provided that administrative or other costs incurred by the CITY
shall be withheld froth 'the above amounts to be paid by the CITY to the
COUNTY to the extent such costs are provided for in the approved PROJE{
budget.
The CITY further agrees to pay to the County 85% of any funds which
the County, as grantee,.is required to pay from non-federal sources in
order to assure payment of the actual project cost as' defined in the
UMTA grant and any grant amendments thereto for this project made
subsequent to the date of execution of this agreement by all parties,
so long as such amendments are approved by the City and County Commissi
4
IN WITNESS WHEREOF, th.e parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all of
the day and year first above written.
WITNESS our hands and seals on this .5O day of
1953.
PH G. ONGXE
City Clerk
SLAT,
ATTEST:
CITY OF MIAMI, a municipal
corporation of the State of
Florida
By: .,
tliVO
limaiatg
OWARD V. VARY
City Mena_er
METROPOLITAN DADE COUNTY, a
,:'"GOMM%'•. political subdivision of the
RICIHARD P. BRINKER, CLERK ;` oA -- 'ul ;State of Florida
1107 Y 2
Deputy Clerk ;c,• •.n,�, (1/
0. a ,.
APPRO ED AS4TO FORM AND CORRECTNESS
By
ty Attorney
5
M. ; T
County nager
ti
AMENDMENT TO 1983 INTERLOCAL COOPERATION AGREEMENT
This Amendment to 1983 Interlocal Cooperation Agreement ("Amendment") is made
and entered into this 22, day of January, 2010, by and between Miami -Dade County"), a
political subdivision of the State of Florida, (the "County"), the City of Miami, Florida, a
municipal corporation of the State of Florida (the "City") and the Southeast Overtown Park West
Community Redevelopment Agency, a public agency and body corporate created pursuant to
Section 163.356, Florida Statutes (the "SEOPW CRA").
WHEREAS, the Miami -Dade Board of County Commissioners (the "Board") adopted
Resolution No. R-1677-82 and Ordinance No. 82-115, which approved a Redevelopment Plan
(the "Original Plan") and tax increment financing for the Southeast Overtown/Park West
Community Redevelopment Area (--'the "Original Redevelopment Area"); and
WHEREAS, on April 19, 1983, the Board also adopted Resolution No. R-467-83, which
approved an Interlocal Cooperation Agreement between the City and the County (the "1983
Interlocal Agreement") in accordance with Part III, Chapter 163, Florida Statutes, which among
other things, delineated those areas of responsibility for the redevelopment of the Original
Redevelopment Area within the boundaries as set forth by the Finding of Necessity; and,
WHEREAS, pursuant to the Original Plan and the 1983 Interlocal Agreement, the City
was authorized to undertake redevelopment of the designated Original Redevelopment Area; and
WHEREAS, the SEOPW CRA is responsible for implementing activities and projects
designed to revitalize and redevelop the Original Redevelopment Area in accordance with the
Original Plan; and
WHEREAS, on December 31, 2007, the Board adopted Resolution No. R-1372-07
approving an interlocal agreement between whereby the County, the City, the Omni Community
Redevelopment Agency and SEOPW CRA which, among other things, amended the 1983
Interlocal Agreement (the "2007 Interlocal Agreement"); and
WHEREAS, the City and SEOPW CRA agreed to generate a Finding of Necessity study
("FON") to substantiate the expansion of boundaries of the Redevelopment Area and an
amendment to the Redevelopment Plan ("Amended Plan") to expand the Original
Redevelopment Area ("Redevelopment Area") the SEOPW CRA's boundaries and extend its
life until March 31, 2030; and
WHEREAS, pursuant to the 2007 Interlocal Agreement and applicable law the FON and
Amended Plan are subject to approval by the Board; and
WHEREAS, the County, the City and the SEOPW CRA wish to remove slum and
blighted conditions in the Redevelopment Area in accordance with the Original Plan by investing
in (i) affordable and workforce housing opportunities; (ii) job creation and economic
Final Approved 1
by the County, City, and CRA 01-14-10
development; (iii) infrastructure; (iv) parks and open spaces; (v) arts and culture; and (vi) quality
of life initiatives; and
WHEREAS, the City, the County and the SEOPW CRA have acknowledged that the
1983 Interlocal Agreement and the Amended Plan shall include tax increment funding for three
(3) projects identified as Camillus House, Alonzo Mourning Charities, Inc., and Mama Hattie's
House (collectively referred to the "SEOPW CRA Developments"); and
WHEREAS, the parties acknowledge that the SEOPW CRA Developments would be of
great benefit to the SEOPW CRA and the community as a whole; and
WHEREAS, the County, the City and the SEOPW CRA find that it would be in the best
interest of the parties to resolve their differences and for the City and the SEOPW CRA to
dismiss with prejudice that certain case captioned City of Miami et al. v. Miami -Dade County,
Case No. 07-46851 CA 31 (the "Reverter Lawsuit") in accordance with the terms of this
Amendment,
NOW, THEREFORE, THE COUNTY, CITY and SEOPW CRA agree as follows:
1. The recitations set forth above are true and correct and adopted as part of this
Amendment.
2. The parties agree that, subject to compliance with all applicable laws, including Part III,
Chapter 163, Florida Statutes, including any prior approvals by the City and the
SEOPWA CRA required therein, the following SEOPW CRA Developments, among
other projects in the Redevelopment Area, shall be partially funded by the SEOPW CRA
when the County and the City have determined that each respective SEOPW CRA
Developments are ready to proceed:
a. The Camillus House project, which involves providing housing for homeless
individuals and families in a new facility, including related structures and
infrastructure to be developed within the Redevelopment Area.
b. The Alonzo Mourning Charities, Inc., an affordable housing project to be
developed in the Redevelopment Area.
c. The World Literacy Crusade of Florida, Inc. also known as Mama Hattie's House
to be developed within the Redevelopment Area.
The City and the SEOPW CRA shall submit for the County's approval any and all plans
for development with respect to each of the individual SEOPW CRA Developments
before contracts are entered into for construction of each of the respective SEOPW CRA
Developments. The City and the SEOPW CRA understand that the process of reviewing
the proposed SEOPW CRA Developments will entail mutual cooperation from the City,
the County and the SEOPW CRA and that any delay in the review process may delay
when the Board considers the SEOPW CRA Developments. The City and the SEOPW
CRA, and the County agree that the approval of this Amendment by the parties does not
Final Approved 2
by the County, City, and CRA 01-14-10
constitute approval of the SEOPW CRA Developments by the County. Therefore, the.
parties agree that if the Board does not approve the SEOPW CRA Developments as a
matter of their sovereign power and legislative authority, the failure to approve such
project should not be deemed a breach of thise Interlocal Amendment Agreement or any
other agreement between the parties relating to the SEOPW CRA Developments, and the
County shall not be liable to the City or the SEOPW CRA for such failure to approve the
SEOPW CRA Developments
3. The SEOPW CRA may elect to .issue bonds and/or incur indebtedness required to finance
its contribution to the SEOPW CRA Developments, provided however, in no event shall
any bonds issued and/or indebtedness incurred mature later than March 31, 2030. Prior
to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall
have the right to review all related documents and agreements and may approve such
bond issuances or indebtedness, pursuant to the provisions of this 1983 Interlocal
Agreement and applicable law, including Florida Statute Section 163.358(3).
4. The City and the SEOPW CRA respectively represent that they have previously adopted
resolutions recommending that the County approve the Amended Plan and this
Amendment and that they have the legal authority to execute this Amendment.
5. The City, SEOPW CRA, and the County agree that the Reverter Lawsuit will be abated
for ninety (90) days from the effective date of this Amendment and shall be dismissed
with prejudice following the County's approval of the plans for the development of a
portion of Block 36 and Blocks 45 and 56, which are to be submitted to the County for
approval within the 90-day abatement period in the same manner as is set forth in
Paragraph II herein.
6. In all other respects, the 1983 Interlocal Agreement is ratified and confirmed.
7. In the event of any conflict between the 1983 Interlocal Agreement, the 2007 Interlocal
and this Amendment, the terms of this Amendment shall control.
8. There are no third party beneficiaries to this Amendment. The parties expressly
acknowledge 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 substantially
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 Amendment.
9. This Amendment may be signed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed in their names by their duly authorized officers and the corporate seals to be affixed
hereto, all as of the day and year first above written.
Final Approved 3
by the County, City, and CRA 01-14-10
WITNESS our hands and seals on this -2Z day of
City of Miami,
a municipal
State of Fl
By:
Pedro G. Hernandez, City Manager
AT , ST:
Bv:
tion of the
City Clerk
Miami -Dade County,
a political subdivision of the
State of Florida
By:
Mayor Carlos Alv ez or designee
B
lw Ita A-ThUYIP611
Southeast Overtown Park West
Community Redevelopment Agency,
a public body corporate and politic
By:
City Clerk Theep(4
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR
MIAMI-DADE COUNTY:
By:
Terrence A. Smith
Assistant County Attorney
Date: 0 ( &( (a
Final Approved 4
by the County, City, and CRA 01-14-10
APPROVED AS TO FORM AND
CORRECTNESS FOR CITY OF MIAMI:
By:
City Attorney
Date: / //5 (20/e)
APPROVED AS TO FORM AND
CORRECTNESS FOR SEOPW CRA:
BY:ae.e.iiee00,_iesPzie..
SEOPW CRA Attorney
Date: ///y/Zo /o
Final Approved 5
by the County, City, and CRA 01-14-10
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami -Dade County,
Florida and Ex-Officio Clerk of the Board of County Commissioners of Said County,
Do Hereby Certify that the above and foregoing is a true and correct copy of the
"Amended Southeast Overtown/Park West Community Redevelopment Agency
Interlocal Cooperation Agreement", as Appears of Record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 22nd day of January, A.D. 2010.
HARVEY RUVIN, Clerk
Board of County Commissioners
Dade County, Florida
By
Board of County Commissioners
Miami -Dade County, Florida
AMENDMENT TO THE 1983 INTERLOCAL COOPERATION
AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE
COUNTY, AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY
THIS AMENDMENT ("Amendment") is made and entered into this
day of
, 2022, by and between Miami -Dade County a political subdivision of the State of
Florida (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida
(the "City") and the Southeast Overtown/Park West Community Redevelopment Agency, a public
agency and body corporate created pursuant to section 163.356, Florida Statutes (the "SEOPW
CRA").
RECITALS
WHEREAS, on March 30, 1983 the County, formerly known as Metropolitan Dade
County, and the City executed that certain Intergovernmental Cooperation Agreement (the "1983
Interlocal Agreement"); and
WHEREAS, on November 15, 1990, the County, formerly known as Metropolitan Dade
County, and the City entered into that certain Amendments to Interlocal Cooperation Agreement
(the "First Amendment") amending certain terns and provisions of the 1983 Interlocal
Agreement; and
WHEREAS, as of December 31, 2007, the County, the City, the SEOPW CRA and the
Omni Community Redevelopment Agency (the "Omni CRA") entered into that certain Interlocal
Agreement between the City of Miami, Miami -Dade County, SEOPW CRA and Omni CRA to
Provide Funding for Major Projects for the Benefit of All Parties (the "2007 Interlocal
Agreement"); and
WHEREAS, on January 22, 2010, the County and the SEOPW CRA entered into that
certain amendment to 1983 Interlocal Cooperation Agreement (the "2010 Amendment"; together
with the 1983 Interlocal Agreement, the First Amendment, and the 2007 Interlocal Agreement
collectively, the "Interlocal Agreement"); and
WHEREAS, the SEOPW CRA generated an Assessment of Need (the "AON") to
substantiate the extension of the life of the SEOPW CRA until March 31, 2042; and
WHEREAS, the SEOPW CRA adopted the 2018 Redevelopment Plan Updated (the
"Amended Redevelopment Plan") prepared by E.L. Waters and Company, LLC; and
WHEREAS, on June 26, 2018, the Board of Commissioners of the SEOPW CRA adopted
resolution CRA-R-18-0030 approving the AON; and
WHEREAS, on September 24, 2018, the Board of Commissioners of the SEOPW CRA
adopted Resolution CRA-R-18-0040 approving the Amended Redevelopment Plan; and
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WHEREAS, on May 9, 2019 the City Commission adopted Resolutions R-19-0175 and
R-19-0176 which approved the AON and the Amended Redevelopment Plan, respectively to
substantiate the life of the SEOPW CRA to March 31, 2042; and
WHEREAS, the Miami -Dade County Board of County Commissioners (the "Board")
adopted. Resolution No. R-654-22 that approved the AON, the Amended Redevelopment Plan, the
extension of the life of the SEOPW CRA to March 31, 2042, and the execution of this Amendment;
and
WHEREAS, the County, the City and the SEOPW CRA desire to modify and amend the
Interlocal Agreement and extend the life of the SEOPW CRA to March 31, 2042, as hereinafter
provided,
NOW, THEREFORE, the County, the City and the SEOPW CRA agrees as to follows:
1. Recitals. The Recitals to this Amendment are true and correct and incorporated
herein and made a part of this Amendment.
2. Defined Terms. Defined tenns utilized in this Amendment but not defined herein
shall have the meaning ascribed to said terms in the Interlocal Agreement.
3. Extension of Life of SEOPW CRA. The life of the SEOPW CRA is hereby
extended from March 31, 2030 until March 31, 2042.
4. Redevelopment Plan. All references in the Interlocal Agreement to the
Redevelopment Plan shall be deemed reference to the Amended Redevelopment Plan.
5. Priority Projects. The County, the City and the SEOPW CRA acknowledge and
agree that, subject to compliance with all applicable laws, including Part III, Chapter 163, Florida
Statutes, the following projects identified in the Amendment Redevelopment Plan, among other
projects in the Redevelopment Area, shall be partially funded by SEOPW CRA utilizing tax
increment revenues (the "Incentive Agreement Projects"):
A. Overtown Cultural and Entertainment District.
B. Miami World Center Project, generally located between 11th Street on the
North, the FEC Railway to the South, NE 2nd Avenue to the East and N.
Miami Avenue to the West.
C. The Marriott Marquis Conference Center & Hotel, located at 800 N. Miami
Avenue, (Folio 01-3137-025-0011).
D. South Florida Regional Transportation Authority's Tri-Rail Downtown
Miami Link Station Improvements Project located within the All Aboard
Florida Grand Central Station, which station is situated on various parcels
located immediately west of NW 1st Avenue between Flagler and N.W. 8th
Streets, to be supported by a pledge of tax increment revenue to support a
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$17,580,000.00 City bond issue.
E. The World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House.
F. The redevelopment and modernization of County -owned public housing
projects situated on a combined 33.7 acres of land located within the
Redevelopment Area consisting of Culmer Place (580 NW 5th Avenue,
Miami, FL), Culmer Gardens (610 NW l 0th Street, Miami, FL), and Rainbow
Village (2140 NW 3rd Avenue, Miami, FL), presently improved by 326 units
of public housing in order to replace and expand the inventory of public
housing and construct additional subsidized and market rate residential units,
as well as the development of other uses, as appropriate.
G. Existing affordable housing projects financed with existing CRA Bond issue.
H. The development and rehabilitation of workforce housing and affordable
housing projects.
I. Development of between approximately 800 and 1,000 affordable housing
units serving families earning between 30% and 140% of the County's Area
Median Income as defined by the U.S. Department of Housing and Urban
Development, as adjusted for household size, on non -County -owned sites
located within the Redevelopment Area.
Land acquisition and development activities consistent with the character and
scale of development identified in the Overtown Entertainment and Cultural
District, as it may be amended from time to time.
K. Development and growth of local, small business enterprises within the
Redevelopment Area through grants or low -interest loans to, among other
things, improve the physical plant of local businesses, finance the acquisition
of machinery and equipment, and provide limited guarantees against losses
to increase access to credit from local financial institutions.
L. Support the implementation of activities identified within Overtown Youth
and Children's Coalition Master Plan.
6. Redevelopment Area. The County, City and SEOPW CRA acknowledge and
agree that the redevelopment area (the "Redevelopment Area") consists of (i) that area initially
approved by the County and as described on the map attached to County Ordinance No. 82-115 as
Exhibit "A", (ii) that addition to the area approved by the County in Ordinance No. 86-4; and (iii)
that addition to the area approved in Resolution No. R-1039-09, all as more particularly shown on
that map attached hereto as Exhibit "A".
7. Base Values. The County, the City and SEOPW CRA agree that the assessed values of
property for ad valorem tax purposes to be used in calculating the amount of tax increment revenues is: (a)
with respect to that portion of the Redevelopment Area initially approved by the County and as described
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on the map attached to County Ordinance No. 82-115 as Exhibit "A", the value as of January 1, 1982,
contained the preliminary ad valorem assessment roll for 1982 prepared by the Property Appraiser of the
County; (b) with respect to the addition to the Redevelopment Area approved by the County in Ordinance
No. 86-4, the value as of January 1, 1985 contained in the preliminary ad valorem assessment roll for 1985
prepared by the Property Appraiser of the County; and (c) with respect to the addition to the Redevelopment
Area approved by the County in Resolution No. R -1 0 3 9 - 0 9 , the value as of January 1, 2009 ,
contained in the preliminary ad valorem assessment rolls for County.
8. Annual Budget. The County agrees to waive any claims it may have regarding
approval of the annual SEOPW CRA budget for the fiscal years prior to fiscal year commencing
October 1, 2018. Notwithstanding the foregoing, the SEOPW CRA, in accordance with section
163.387(6), Florida Statutes, shall submit to the Miami -Dade County Board of County
Commissioners for its approval its annual budget and any amendment thereto within 10 days after
the adoption of such annual budget or amendment to the budget.
9. Waiver of Administrative Fee. The County agrees to waive the 1.5%
Administrative Fee chargeable to SEOPW CRA for the life of the SEOPW CRA.
10. Overtown Urban Initiation Project Management Committee. Sections 1, 2, and
3 of the 1983 Interlocal Agreement are hereby deleted.
11. City Contribution. The County and the SEOPW CRA acknowledge and agree that
the City has made all required contributions required by the City under Section 4 of the 1983
Interlocal Agreement.
12. SEOPW Projects.
A. The County and the City acknowledge and agree that the SEOPW CRA has
complied with its obligations under Sections 2 (a) and (b) of the 2010
Amendment with respect to the Camillus House Project and the Alonzo
Mourning Charities, Inc. affordable housing Project. The
SEOPW CRA acknowledges that Section 2(c) of the 2010 Amendment
regarding Mama Hattie's House has not yet been developed and is included in
the list of Incentive Agreement Projects.
B. The County and the City acknowledge and agree that each of the SEOPW
CRA Development Projects, including the Incentive Agreement Projects, do
not require approval of any and all plans for development before contracts are
entered into for constructions of each respective SEOPW CRA
Developments, including without limitation, the Incentive Agreement
Proj ects.
13. Reverter Lawsuit. The County, the City and the SEOPW CRA acknowledge that
the Reverter Lawsuit has been resolved, Block 45 has reverted to the County and that Block 36
and Block 56 are no longer subject to revert to the County.
14. CRA Indebtedness. The SEOPW CRA may elect to issue bonds and/or incur other
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indebtedness required to finance, as necessary and appropriate, its contribution to the SEOPW
CRA Projects including the Incentive Agreement Projects, provided however, in no event shall
any bonds issued and/or indebtedness incurred mature later than March 31, 2042. Prior to the
issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right
to review all related documents and agreements and may approve such bond issuance or
indebtedness, pursuant to the provisions of the Interlocal Agreement as amended by this
Amendment and applicable law, including section 163.358(3), Florida Statutes.
15. CAP ON ADMINISTRATIVE EXPENSES. The SEOPW CRA agrees that
administrative expenses of the SEOPW CRA shall not exceed 20% of its overall fiscal budget.
16. Procurement Requirements. In accordance with section 163.370(5), Florida
Statutes, the SEOPW CRA shall procure all commodities and services under the same purchasing
processes and requirements that apply to the City. The SEOPW CRA confiutns to the County and
the City that SEOPW CRA has adopted the City's procurement procedures to be utilized by the
SEOPW CRA for procurement.
17. Community Benefits.
A. The SEOPW CRA agrees that all agreements with entities or contractors
receiving grants of $1,000,000.00 or more from the SEOPW CRA for
new or rehabilitated commercial and residential developments entered into
after the Effective Date within the Redevelopment Area may, 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.
(
i). Require compliance with the wage requirements of Section 2-8.9 of the
Code of Miami -Dade County, Florida (the "Code") or pay higher wages
and benefits, as are feasible.
B. The SEOPW CRA agrees it may 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)
18. Inspector General Review. The County shall have the right to retain, at its sole
5
#61770050 v4
cost, the services of an independent private sector inspector general whenever the County deems
it appropriate to do so, in accordance with Miami -Dade County Administrative Order No. 3-20.
Upon written notice from the County, the SEOPW CRA shall make available to the independent
private sector inspector general retained by the County all requested records and documentation
for inspection and reproduction. Additionally, the SEOPW CRA shall submit to the County's
Inspector General's review in accordance with Section 2-1076 of the Code. The County's Inspector
General shall be empowered to review past, present and proposed SEOPW CRA's contracts,
transactions, accounts, records, agreements and programs at a minimum annually audit, investigate,
monitor, oversee, inspect and review operations, activities, perfoiiiiance and procurement process,
including but not limited to, project design, specifications, proposal submittals, activities of the
SEOPW CRA and its officers, agents and employees, lobbyists, staff and elected officials to ensure
compliance with contract specifications and to detect any fraud and/or corruption.
19. Recovery of Grant Funds. The SEOPW CRA shall include in all contracts and
grant agreements executed from and after the Effective Date a "clawback" provision that will
require the SEOPW CRA to "clawback" or rescind and recover funding from any entity or
contractor to which it provides funding which does not substantially comply with the provisions
of its agreement with SEOPW CRA by demanding repayment of such funds, in writing, including
recovery of penalties or liquidated damages, to the extent allowed by law, as well as attorney's
fees and interest, and pursuing collection or legal action, to the fullest extent allowable by law, if
feasible.
20. Safeguards for Resident Displacement. In the event the SEOPW CRA funds a
redevelopment project authorized by the Amended Redevelopment Plan that may displace persons
(including individuals, families, business concerns, nonprofit organizations and others) located in
the Redevelopment Area, the SEOPW CRA shall prepare plans for and assist in the relocation of
such persons, including making any relocation payments under the Act and applicable laws and
regulations. Further, the SEOPW CRA shall make or provide for at least a "one -for -one"
replacement of each affordable housing unit demolished pursuant to a redevelopment project to
ensure that such demolished unit is replaced by a new comparable, affordable housing unit,
provided, however, this requirement shall not apply to substandard affordable housing that has
been declared unsafe by a governmental entity and subsequently demolished. The SEOPW CRA
shall ensure that individuals and families who are displaced from affordable housing units have a
right of first refusal to return to comparably priced affordable housing units located within the
Redevelopment Area.
21. Affordable and Mixed Income. The County acknowledge and agrees that the
SEOPW CRA Amended Redevelopment Plan includes a housing component that serves an income
mix of extremely low, very low, low, moderate, and workforce housing up to 140 percent (140%)
of the area mean income , as defined by the U.S. Department of Housing and Urban Development
and the County acknowledges that the Amended Redevelopment Plan gives priority to
rehabilitation, conservation or redevelopment of housing for extremely low, very low, low or
moderate income persons over funding of non -housing projects.
22. Annual Budget. The SEOPW CRA agrees to include in its annual fiscal budget a
description of expenditures made by the SEOPW CRA for affordable housing projects during the
previous fiscal year and a statement of anticipated expenditures for affordable housing project in
upcoming fiscal years, if applicable.
6
#61 770050_v4
23. Ethics Training. In accordance with section 163.367, Florida Statutes, the
officers, commissioners, and employees of the SEOPW CRA shall be subject to part III of chapter
112, Florida Statutes, and the Board of Commissioners of the SEOPW CRA must also comply
with the ethics training requirements as imposed in section 112.3142, Florida Statutes.
Accordingly, the SEOPW CRA agrees that all members of the Board of Commissioners of the
SEOPW CRA, staff of the SEOPW CRA, members of advisory boards of the SEOPW CRA and
staff such advisory 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.
24. Conflicts. In the event of any conflicts between the Interlocal Agreement, and the
terms of this Amendment, this Amendment shall control.
25. Governing Law and Venue. This Amendment and the Agreement shall be
construed in accordance with and is governed by the laws of the State of Florida. Any claim,
dispute, proceeding, or cause of action arising out of or in any way relating to this Amendment or
the Agreement, or the parties' relationship, shall be decided by the laws of the State of Florida.
The parties agree that venue for any of the foregoing shall lie exclusively in the courts located in
Miami -Dade County, Florida.
26. Ratification. Except as modified by this Amendment, the Interlocal Agreement is
ratified and reaffirmed.
27. Effective Date. The effective date of this Amendment shall be the date this
Amendment is last executed by the County, the City and the SEOPW CRA (the "Effective Date")
28. Time of the Essence. Time is of the essence in the performance of this
Amendment.
29. Third -Party Beneficiaries. There are no third -party beneficiaries to this
Amendment. The parties expressly acknowledge that that it is not their intent to create or confer
any obligations on or upon any third -party by this Amendment. None of the parties intend to directly or
indirectly benefit a third person by this Amendment, and no third party shall be entitled to assert a claim
against any of the parties based upon this Amendment. Nothing herein shall be construed by any agency
or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on
any matter arising out of this Second Amendment.
30. Severability. If one of more provisions of this Amendment shall be held contrary
to any provision of law or be held invalid, then such provision or provisions shall be null and void
and shall be separate from, and have no effect on, the remaining provisions which shall continue
to be legal and valid.
31. Counterparts. This Amendment may be signed in counterparts. Facsimile or
electronically transmitted signatures shall be deemed for all purposes to be originals.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
7
#61770050_v4
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 ofthe day and year first above written.
City of Miami,
a municipal corpo tic)n ofthc
State of Florid
By:
Arthur Noricga, V, City Manager
AT FEST:
I
Todd Jarman, City Clerk
Southeast Ovcrtown Park West
Community Redevelopment Agency,
a public bo,1y corporate and politic
By:
A F FEST
By:
ft6 I 770050 v4
cQuccn, Executive Director
Hannon, City C]crk
8
265
Miami -Dade County,
a political subdivision of the
State of '1 rda
By:
Dame la Levine Cava
Mayor MORRIS COPE ND, CPM
CHEF COMMUNITY SERVICES OFFICER
MIAMI-DADE COUNTY, FL
HARVEY RUVIN, Clerk
Deputy Clerk
APPROVED AS TO FORM AND LEGA
SUFFICIENCY FOR
MIAIVII-DADE COUNTY;
'Terrence A. Smith
Assistant County Attorney
Date: q- a
U6I770050 v4
9
266
APPROVED AS TO FORM AND
CORRECTNESS FOR CITY OF MIAMT:
13y:
cndc,z, City Attorney
APPROVED AS TO FORM AND
CORRECTNESS FOR SEOPW CRA:
Date:
V
Vincent Brown, SEOPW CRA
Staff Counsel
#61770050_v4
Exhibit "A"
Map of Redevelopment Area
10
267
Exhibit "B"
Name
Ten Museum Place 1040 Biscayne Boulevard
900 Biscayne 900 Biscayne Boulevard
Marlin Blue 824 Biscayne Boulevard
600 Biscayne 666 Biscayne Boulevard
215 NE 6 Street
Marquis 1100 Biscayne Boulevard
Marquis West 127 NE 11 Street
Paramount Park 700 Biscayne
Logik Tower 530 NW lst Court
Block 56 161 NW 6th Street
Folio 01-0105-060-1010
Folio 01-0105-060-1030
Folio 01-0105-060-1040
#61 770050LA
11
268
SOUTHEAST OVERTOWN/PAI WEST BOUNDARY MAP
oundary;prior to 2009
real added in 2009'
J..
prated :8eaiaest Qrenup{nll 'aric i'Vseri iape€ed Expanii:ek a
.R ofeq.Ia l e:.t,Sa31 20D6
F}epa e'd bY:,V,:Kebede.
.Cy6lMaMOM' wrnatbn're chn byp_Dertalept I7eem'2D06.
AMENDMENTS TO
INTERLOCAL COOPERATION AGREEMENT
between Miami -Dade County and the City of Miami
November 15, 2000
ACTS TO
IHT7 RLOCAL COQPERA%LQH ACREEMEHT
THIS AGREEMENT, made this /57. " day of 77/a,...-4+-*� ,
-1990, by and between Metropolitan Dade County, a political
subdivision of the State of Florida (hereinafter referred to as
the "County") and the City of Miami, Florida, a municipal
corporation under the laws of the State of Florida (hereinafter
referred to a$ the "City").
W ITNESSET H:
WHEREAS, the City and the County entered into an Interlocal
cooperation Agreement, dated as of March 31, 1983, as amended
(the "Interlocal Cooperation Agreemenn)., men --provided for the
exercise'ot redevelopment powers by the City in the Southeast
overtown/Park West community redevelopment area (the "Area"), the
implementation of the community redevelopment plan for the Area
(the "Plan"), the delegation by the County to the City Commission
to act as the community redevelopment agency for the City, and
the use of tax increment financing to pay the costs of the
implementation of the Plan; and
WHEREAS, pursuant to and in accordance with tYw Interlocal
Cooperation Ayreamant and the dalegat4On or p0Wers therein, the
City proceeded to exercise such redevelopment powers by acquiring
property for redevelopment purposes and causing the development
of certain multi -family residential facilities, commercial
developments, public improvements and various other improvements
in the Area in furtherance of the Plan, and
WHEREAS, the City desiree'to issue its revenue bonds (the
_'Ronde") secured by tax increment revenues deposited in the
Redevelopment Trust Fund (es described below) for the Area and to
use the proceeds of the Bonds for the purpose of (1) repayment of
a loan to the City from the U.S. Department of Housing and Urban
Development, which the City used to finance the acquisition of
certain land in the Area, (2) reimbursement to the City of
$750,000 used by the City to pay expenses of implementing the
Plan, (3) financing the construction of certain infrastructure
improvements and (4) financing the acquisition of additional land
in the Area which will be sold or leased to developers for
construction thereon of multi -family residential facilities,
i
commercial developments, public improvements and various other
improvements, and
WHEREAS, prior to the issuance of the Honda the city and
the County desire to make certain amendments to the Interlccal
cooperation Agreement,
NOW, THEREFORE, the county and the City agree as follows:
1. DefiMA...igneg.. Capitalized terms used herein shall
have the meanings ascribed to them in the Interlocal, Cooperation
Agreement _except as otherwise specifically defined. herein.'
2. Desian atioh of Community Redevelopment Ag nov;
Deleaation of Redeve:CO ent Powers; paveelita from Fund. The.
City and County agree that the City Commission of the city is
the community Redevelopment Agency ("CRA") for the Project and
has been functioning as the CRA since the effective date of the
Interlocal Cooperation Agreement (April 19, 1983). The City and
County further ag-ee that the County delegated certain specified
redevelopment powers within the meaning of Section 163.410,
Florida Statutes, to the CRA in the Interlocal- Cooperation
Agreement. The City and county further agree that the CRA is
authorized to nt e a n rom th . d to the city to pay debt
service on the Bonds pursnaitt to the In er oce element between
the City and the CRA dated
MH Ma am$ 90. (0 q4- of t r
3. Tstablisbntent of Fund. The city and county agree that
the city was authorized by the Interlocal Cooperation Agreement
to establish the Fund and that the creatiom of the Fund by the
City under ordinance No. 9590 enacted on April 6, 1983, was.
approved by the County by the adoption of_Resolution No. R-467-83
and the county-3 oxocution of the Interlocal Cooperation
Agreement.
4. Base Values_ The City and County agree that the
assessed value of property for ad valorem taxation purposes to be
used in calculating the amount of tax .increment revenues is (a)
with respect to the Area as initially approved by the County and
as described on the map attached to County Ordinance No. 82-115
as Exhibit "A", the value as of ,7anuary 1, 1982, Contained in the
preliminary ad valorem assessment roll for' its prepared o the
he
Property Appraiser of the County; and. (b)
addition to the Area approved by the County in Ordinance No.
86-4, the value as of January 1, 1985, contained in the
preliminary ad valorem assessment roll for 1985 prepared by the
Property Appraiser of the County.
5. gntervrise Zone 'Tax Exemptions. The City and County
agree that a part of the Area is in an "enterprise zone" created
by the County pursuant to Sections 290.0055 and 290.0065, Florida
Statutes (1989) (the "Overtown Enterprise Zone"). The City and
2
1 Fr
i
County further agree that by referendum held on November 4, 1986,
the County was authorized at its discretion to grant property tax
exemptions to new businesses and expansions of existing
businesses located in the overtown Enterprise Zone and, in
furtherance of such authorization, the County enacted ordinance
No. 89-27 on April 19, 1988r authorizing tbe grant of such
property tax exemptions, which ordinance has been codified in.the
Code of Metropolitan Dade county, Florida (the County Code") as
Chapter 29, Article X. The City and County further agree that
the County has not previouaiy granted any property tax
-exemptions for new and expanding .businesses in the Qvertown
enterprise Zone. The County hereby agrees (i) not to grant any
property tax exemptions to new and expanding businesses located
within the Overtown Enterprise zone and (ii) to amend county Code
Section 29-81 to read as follows:1
Section 29-el. Authority to grant the exemptions.
Pursuant to the terms of this article [Ordinance
Number 88e271, the board of county commissioners at
its discretion is hereby authorized to grant by
ordinance ad valorem tax exemptions to new and
expanding businesses located within enterprise zones,
as defined herein, except in the community
redevelopment area located in South Miami Beach which
is generally bounded by Sixth Street on the north,
Biscayne Bay on the west, the Atlantic Ocean on the
east and Government cut on the south .end en the
oommunity redevelopment area eecated ee Southeast
overtovn/Back West which is aenerailyy bounded by 1e395,
1-95, H.W. 5th Street. eetrorai1 right of wave N.W. est
street. North Miami avenue, N.E. 5th Street and
eisceype Boulevard. The board of county commissioners
may also agree to grant an exemption based merely on
presentation of proposals that indicate serious intent
to build a nor business oz- expand an existing business
within an epterprise zone, except in the abvve-
referenced community redevelopment areas located in
South Miami Beach and Southeast overtown/Park West,
provided however, that 'the .improvements to real
property are made or the tangible personal property
are added or increased on or after the day the
ordinance granting the exemption is adopted.
6. effect of Amendments. This Amendment supplements the
Inteelocal Cooperation Agreement by such additional provisions
as are set forth herein. Accordingly, tbe City and County agree
1 Underscored words indicate the amendment proposed.
Remaining provisions are now in effect and would remain unchanged.
that the provisions of the Interlocal Cooperation Agreement
remain in effect.
Ill WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all of the
day and year first above written.
(seal)
ATTEST:
Deputy cloMk
Prepared and Approved by:
Beery City A torney
Sys-# rt`
CITY OF MIAMI, a
Municipal co oration
of the Statfof Florida
By!
Cesar H. Odia
City Manager
IETROPOLITAH DADE COUNTY,
a political subdivision
of the State of Florida
C inty Manager
Approved as to Form and
Correctness:
By:
o ge =. nandez
City Attor ey
1-90-171
2/28/90
EXHIBIT A
•
RESOLUTION NO. 43°-0196
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH
ATTACHMENTS, AUTHORIZING THE ISSUANC22ONOT
00) IN
EXCEED TWENTY-TWO MILLION DOLLARS ($22,000,000)
PRINCIPAL AMOUNT OF THE CITY'S COMMUNITY
REDEVELOPMENT REVENUE BONDS, SERIES 1990, TO
FINANCE THE COST OF OR TO REIMBURSE THE CITY FOR
THE COST OF THE ACQUISITION OR IMPROVEMENT FOR
REDEVELOPMENT PURPOSES OF CERTAIN PROPERTIES IN THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AND
TO FINANCE THE REPAYMENT OF A LOAN MADE TO THE CITY
BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT IN CONNECTION THEREWITH;
PROVIDING FOR THE SOURCE OF REPAYMENT OF SAID BONDS
FROM REVENUES; AUTHORIZING THE EXECUTION OF
AMENDMENTS TO AN INTERLOCAL COOPERATION AGREEMENT
DATED MARCH 31, 1983, BETWEEN THE CITY AND DADE
COUNTY AND THE EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT
AGENCY; AUTHORIZING VALIDATION OF THE BONDS;
PROVIDING CERTAIN OTHER DETAILS WITH RESPECT
THERETO; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. Authority. This Resolution is enacted pursuant
to the Charter of The City of Miami, Florida (but only to the
extent not inconsistent with and not repealed by the provisions
of Section 166.021, Florida Statutes); Section 163.01, Florida
Statutes; Part III, Chapter 163, Florida Statutes; Chapter 166,
Florida statutes; the Constitution of the State of Florida; and
other applicable.provisions of law.
SECTION-2. Findings and Determinations. It is hereby
ascertained, determined and declared that:
A. The existence of the slum and blighted areas
therein in The City of Miami (the "City") directly
adversely affects the health, safety and welfare of the
citizens and taxpayers of the City and adversely affects
tourism and related industries in, and the public image
of, the City.
B. The existence of one or more slum or blighted
areas in the City, specifically the Southeast
Overtown/Park West Redevelopment area ("Overtowns) imposes
an undue and oppressive burden upon the government and
citizens of the City, which if not reduced or eliminated
will adversely affect the ability of the City to provide
local government services to its citizens and will
seriously undermine and damage the public health, safety
and welfare.
C. The deterioration and blight in Overtawn are
such that they cannot be remedied solely by private
efforts. There is no economic incentive; logistical
problems such as acquisition of various tracts of real
estate from several owners effectively deter any potential
private developers. Such developers, with governmental
assistance would be, have been, and are willing investors
in the redevelopment of Overtowr. Therefore the problems
of deterioration and blight are
hatiat can
of gbe most
nt .
effectively remedied by the p
In
a redevelopment program.
[ATTACHMENTS
CTi ALE®
5
CITY COMMISSION
MEETING OF
MAR 8 1990
RESounmN „osa _1
REMARKS:
D. Dade County (the "County") has approved on
December 7, 1982, a redevelopment plan for Overtown (the
"Plan") and has provided for an interlocal cooperative
agreement between the County and the City, dated as of
March 31, 1983, as amended (the "Interlocal Cooperation
Agreement") delegating redevelopment powers to the City
Commission of the City, providing for the creation of a
redevelopment trust fund by the City and the deposit of
tax increment revenues therein and providing for the
issuance of bonds, notes and other obligations secured by
such revenues in accordance with certain conditions set
forth in the Interlocal Cooperation Agreement. Pursuant
to the Interlocal Cooperation Agreement, the City has
provided for the creation of the redevelopment trust fund
(the "Redevelopment Trust Fund") and the funding and
administration thereof.
E. The rehabilitation and redevelopment of
Overtown is necessary in the interest of the public
health, safety, morals and welfare of the City, and in
order to carry out such rehabilitation and redevelopment
it is necessary and appropriate for the City Commission to
be a Community Redevelopment Agency ("CRA") under Part III
of Chapter 163, Florida Statutes (the "Redevelopment
Act"). The Interlocal Cooperation Agreement in effect
recognized the City Commission as the CRA under the
Redevelopment Act.
F. The City has determined that the redevelopment
of Overtown will require the acquisition of certain lands
within Overtown (the "Lands"), as more particularly
described on Exhibit "A" hereto, for redevelopment
purposes, and the City acting as the CRA under its
delegated redevelopment powers has already begun a program
of acquiring such Lands.
G. Pursuant to the terms of a Section 108 Loan
Agreement dated February 7, 1988, (the "Loan Agreement"),
the City borrowed $5,958,400 (the "HUD Loan") from the
Department of Housing and Urban Development of the United
States("HUD"), which moneys were used by the City to
acquire certain of the Lands (the "HUD -financed Lands").
The City has leased or conveyed the HUD -financed Lands to
private developers who have constructed or are in the
process of constructing multi -family rental or condominium
housing projects on such property, except for one parcel
of land which has been leased to the Miami Sports and
Exhibition Authority and upon which the Miami Arena is
located.
H. The City desires to acquire or improve certain
other parcels of the Lands (the "Other Lands") for
redevelopment purposes, which Other Lands may be conveyed
or leased to private developers for multi -family rental or
condominium projects, or for other commercial ventures or
projects or other purposes provided for in the Plan.
I. The City, through the issuance of revenue
bonds, expects to be able to obtain funds on terms more
beneficial to the City than the funds obtained under the
Loan Agreement to repay the HUD Loan and to finance the
acquisition of the Other Lands which Other Lands may be
conveyed or leased to private developers for multi -family
rental or condominium projects, or for other commercial
ventures or projects or other purposes provided for in the
Plan.
x
90-0196
6
J. Redevelopment of Overtown will add to
employment in the City both by creating employment
opportunities for persons in the construction industry in
the City and by the creation of new jobs by merchants,
entrepreneurs and other commercial ventures who after the
redevelopment of the area will be willing to locate their
businesses in Overtown. Redevelopment will also
contribute to the stability of family life in the City by
providing affordable housing to lower income residents.
K. The City, under the.terms of the Interlocal
Cooperation Agreement, is authorized to issue bonds or
other obligations payable from tax increment revenues
deposited in the Redevelopment Trust Fund which funds are
to be pledged to repayment of bonds, notes or other
obligations secured by such revenues (the tax increment
revenues deposited in the Redevelopment Trust Fund, the
rental revenue derived by the City under the Land Lease
Agreement dated October 10, 1986 between the City, the
Miami Sports and Exhibition Authority and Become Miami
Associates, Ltd. and any other source of revenues which
may be irrevocably pledged by the City for the payment of
the 1990 Bonds (as hereinafter defined) prior to the
issuance of the 1990 Bonds are hereinafter referred to as
the "Pledged Revenues").
L. The acquisition of the Other Lands and the
repayment of the HUD Loan through the issuance of not to
exceed $22,000,000 in aggregate principal amount of the
City's Community Redevelopment Revenue Bonds, Series 1990
(the "1990 Bonds"), the principal of, premium, if any,
with respect to and interest on which shall be payable
solely from the Pledged Revenues, will serve proper and
sufficient public purposes by aiding in the eradication of
slum and blighted conditions and revitalizing of Overtown.
SECTION 3. Authorization of Acquisition of Other Lands and
Repayment of HUD Loan: Authorization of Bonds. The acquisition
of the HUD -Financed Lands is hereby ratified and the acquisition
of the Other Lands and the repayment of the HUD Loan are hereby
authorized, with the cost thereof to be financed through the
issuance of the 1990 Bonds by the City. Subject and pursuant to
the terms hereof, the 1990 Bonds are hereby authorized to be
issued at one time, or from time to time as needed, in series, in
an aggregate principal amount not exceeding Twenty -Two Million
Dollars ($22,000,000). The denominations of the 1990 Bonds,
interest rates to -be borne by the 1990 Bonds, the maturity dates
thereof and the other terms of the 1990 Bonds shall be
established by subsequent ordinance or resolution of the City
-adopted prior to issuance thereof. In no event, however, shall
the 1990 Bonds bear interest at a rate in excess of the maximum
rate permitted by applicable law or mature more than thirty years
after the date of issuance thereof.
The 1990 Bonds shall be payable solely from and secured by
the Pledged Revenues. The 1990 Bonds and the premiums, if any,
with respect thereto, and the interest thereon shall not be
deemed to constitute' a debt, liability or obligation of the City,
the CRA, the County or the State of Florida or any political
subdivision thereof, or a pledge of the faith and credit of the
City, the CRA, the County or the State of Florida or any
political subdivision thereof, but shall be payable solely from
the Pledged Revenues, and the City shall not be obligated to pay
the 1990 Bonds, the premiums, if any, related thereto or the
interest thereon, except from the Pledged Revenues, and neither
the faith and credit nor the taxing power of the City, the CRA,
the County or the State of Florida or any political subdivision
90-0196
} thereof is pledged'to the payment of the 1990 Bonds.
The 1990 Bonds may be issued so that the interest thereon
shall be intended to be included in the gross income of the
holders thereof for federal income tax purposes or so that such
interest shall be intended to be excluded from the gross income
of the holders thereof for federal income tax purposes, as shall
be determined by ordinance or resolution of the city adopted
prior to issuance of the 1990 Bonds.
SECTION 4. Approval of Amendments to Interlocal
Cooperation Agreement. The Interlocal Cooperation Agreement
shall be amended as described in Exhibit "B" hereto. The
amendment of the Interlocal Cooperation Agreement, substantially
in the form attached hereto as Exhibit "B", is hereby authorized
and -••the City Manager -and the -Clerk or any Assistant or Deputy
Clerk of the City are hereby authorized to execute any document
evidencing such amendments subject to such changes, omissions and
filling of blanks therein as the officers executing the same
shall approve, such execution to constitute conclusive evidence
of such approval.
SECTION 5. Amoroval of the Interlocal Agreement. The City
Commission, as the CRA, desires to share with the City its powers
with respect to redevelopment, the issuance of bonds, and other
matters, through the execution of an interlocal agreement between
the City and the CRA (the "Interlocal Agreement"). The execution
by the City of the Interlocal Agreement, substantially in the
form attached hereto as Exhibit "C", is hereby approved, and the
City Manager and the Clerk or any Assistant or Deputy Clerk are
hereby authorized to execute such Interlocal Agreement on behalf
of the City, subject to such changes, omissions and filling of
blanks therein as the officers executing the same shall approve,
such execution to constitute conclusive evidence of such
approval.
SECTION 5. Validation Authorized. The City Attorney is
hereby authorized and directed to institute proper proceedings in
the Circuit Court of the Eleventh Judicial Circuit, in and for
Dade County, Florida, to confirm and validate the'1990 Bonds and
to pass upon the security thereof and the validity and legality
thereof, of the Interlocal Agreement and of other matters
relating thereto.
SECTION 7. Severability. If any one or more of the
covenants, agreements or provisions of this Resolution shall be
held contrary to any express provisions of law or contrary to the
policy of express law, though not expressly prohibited, 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 Resolution or of the
1990 Bonds issued hereunder which shall remain in full force and
effect.
90-0196
SECTION 8, Effective Date. This Resolution shall be
effective immediately upon its adoption.
PASSED AND ADOPTED this 8th day of March, 1990.
ATTEST:
Ma ty Hirai, City Clerk
Prepared and approved by:
Linda K. Kearson, "
Assistant City Attorney
avier L. Suare yor
Approved As to Form and
Correctness:
.� sc
t
Jorge L. F rnandez, 7
City Atterney
-5'
90-01%
EIHIBIT A
CITY OF MIAMI
S.E. Overtown/Park West
Community Redevelopment Project
PROPERTIES TO BE ACQUIRED WITH THE BOND PROCEEDS
Properties located in a City block bounded by N.W 8th Street,
N.H. 9th Street, N.H. 2nd Avenue, and 11.W. 3rd Avenue
Properties located in a City block bounded by N.W. 9th Street,
N.W. 10th Street, H.W. 3rd Avenue and N.W. 2nd Court
Properties located in a City block bounded by N.W. 9th Street,
N.H. and 10th Street, N.K. 2nd Court, and N.W. 2nd Avenue
Properties fronting N.W. 2nd Avenue of a City block bounded by
N.W. 8th Street, N.W. 9th Street, N.W. 2nd Avenue, and N.W. 1st
Court
Properties located in a City Block bounded by N.W. 10th Street,
N.W. 11th Street, N.W. 1st Avenue, and North Miami Avenue
Properties located in a City Block bounded by H.W. 11th Street,
N.W. 12th Street, H.X. 1st Avenue, and North Miami Avenue
Properties fronting N.E. 1st Avenue of a City block bounded by
N.W. Tth Street, N.W. 8th Street, North Miami Avenue, and N.E.
1st Avenue
/0
90-0196
EXHIBIT "B"
AMENDMENTS TO
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT, made this day of ,
1990, by and between Metropolitan Dade County, a political
subdivision of the State of Florida (hereinafter referred to as
the "County") and the City of Miami, Florida, a municipal
corporation under the laws of the State of Florida (hereinafter
referred to as the "City").
WITNESSETH:
WHEREAS, the City -and the County entered into an Interlocal
Cooperation Agreement, dated as of March 31, 1983 (the
"Interlocal Cooperation Agreement"), which provided for the
exercise of redevelopment powers by the City in the Southeast
Overtown/Park West community redevelopment area (the -"Area"), the
implementation of the community redevelopment plan for the Area
(the "Plan"), the delegation by the County to the City Commission
to act as the community redevelopment agency for the City, and
the use of tax increment financing to pay the costs of the
implementation of the Plan; and -
WHEREAS, pursuant to and in accordance with the Interlocal
Cooperation Agreement and the delegation of powers therein, the
City proceeded to exercise such redevelopment powers by acquiring
property for redevelopment purposes and causing the development
of certain multi -family residential facilities, commercial.
ci 1 4na'=&ita, public improvements and various other improvements
in the Area in furtherance of the Plan, and
WHEREAS, the City desires to issue its'revenue bonds (the
"Bonds") secured by tax increment revenues deposited in rthe
Redevelopment Trust Fund (as described below) for the Area and to
use the proceeds of the Bonds for the purpose of (1) repayment of -
a loan to the City from the U.S. Department of Housing and Urban
Development, which the City used to finance the acquisition of
certain land in the Area and (2) financing the acquisition of
additional land in the Area which will be sold or leased to
developers for construction thereon of multi -family residential
facilities, commercial developments, public improvements and
various other improvements, and
WHEREAS, prior to the issuance of the Bonds the City and the
County desire to make certain clarifying amendments to the
90-0196
Interlocal Cooperation Agreement, and to provide for the approval
by -the County 0f the issuance of the Bonds by the City,
NOW, THEREFORE, the County and the City agree as follows:
i. County Approval of Bonds. The parties hereby find,
recognize and acknowledge that no bonds, notes or other
obligations have been issued within the two (2) year period
after December 31, 1962, the effective date of County Ordinance
No. 82-115, the payment of which is secured by tax increment
revenues of the County. However, notwithstanding the provisions
Of Paragraph II.C.6. of the Interlocal Cooperation Agreement, the
County does- hereby consent to the issuance of the revenue bonds
described in Resolution No. of the City, adopted an
March 8, 1990 (the "Bonds"), and the pledge of tax increment
revenues (including tax increment revenues of the County) in the
Redevelopment Trust Fund authorized by the Interlocal Cooperation
Agreement and created by -Ordinance No. 10018 of the City enacted
on July IC, 1985 (the "Trust Fund"), for the payment of principal
of and interest on the Bonds. Furthermore, with regard to the
Bonds, the County agrees not to assert and does hereby waive the
provisions in Paragraph II.C.6. pertaining to the County
rescinding its obligation to continue to appropriate annually tax
increment revenues to the Trust Fund, and does hereby agree to
continue making such appropriations for so long as the Bonds are
outstanding.
2. Approval of Interlocal Agreement Between City and
Community Redevelopment Aaency. The County does hereby consent
to and approve the obligation of the Community Redevelopment
Agency of the City of Miami, Florida (the "Agency"), in the
Interlocal Agreement between the City and the Agency, dated as of
March 8, 1990, to make payments of tax increment revenues from
the Trust Fund to the City to be used for payment of principal of
and interest on the Bonds.
3. Redevelopment Trust Fund: Base values. The County,
does hereby find, acknowledge and agree Uii. Lim City has
established and is properly administering the Trust Fund and that
the City has prepared an annual budget relating to the use of
funds in the Trust Fund and has presented such budget to the
County for approval in accordance with the provisions of the
Interlocal Cooperation Agreement. The parties find, acknowledge
and agree that the assessed value of property for ad valorem
taxation purposes to be used in calculating the amount of tax
increment revenues shall be the value reflected in the
preliminary ad valorem assessment roll prepared by the Property
Appraiser of Dade County, Florida, pursuant to section 193.1142,
Florida Statues, reflecting values as of January 1, 1982.
4. Tax Increment Calculation. The parties agree that the
calculation each year of the amount of tax increment revenues to
2
40-0196
19--
be appropriated by each "taxing authority" (as that term is
defined in Section 163.340(22),% Florida Statutes (1989)), and
deposited in the Trust Fund shall be made in accordance with the
formula set forth in Section 163.387(1), Florida Statutes (1889).
The City. agrees to amend its Ordinance 9590 and the County agrees
to amend its ordinance 82-115 to provide that the calculation of
the tax increment revenues shall be made as follows:
[The) increment shall be determined annually and shall be
that amount equal to 95 percent of the difference between:
(a) The amount of ad valorem taxes levied each year by
each taxing authority, exclusive of any debt service
millage, on taxable real property contained within the
geographic boundaries of a community redevelopment
area; and
(b) The -amount of ad valorem taxes which would have
been produced by the rate upon which the tax is levied
each year by or for each taxing authority, exclusive of
any debt service millage, upon the total of the
assessed value of the taxable real property in the
community redevelopment area as shown upon the most
recent assessment roll used in connection with the
taxation of such property by each taxing authority
prior to the effective date of the ordinance providing
for the funding of the trust fund.
5. Effect of Amendments. This Agreement amends the
Interlocal Cooperation Agreement by amending those paragraphs
thereof specifically referred to herein and supplements said
Interlocal Cooperation Agreement by such additional provisions
as are set forth herein, provided however, the delegation of
redevelopment powers from the County to the City and the
effective date of the creation of the Trust Fund shall remain as
provided in the Interlocal Cooperation Agreement and shall not be,
affected or changed by this Ayie-wimo..b.
6. Ratification of Prior Actions. The County recognizes
and acknowledges that the City has proceeded with the
redevelopment of the Area. The County does hereby ratify and
approve of such redevelopment and, furthermore, finds and
acknowledges that such redevelopment by the City was undertaken -
in accordance with the requirements of the Interlocal Cooperation
Agreement.
7. Community Redevelopment Acrency. The City and the
County acknowledge that the City Commission was intended to be
and has been functioning as the Community Redevelopment Agency
within the City pursuant to the delegation of redevelopment
3
q0-0196
powers by the County to the City under. the Interlocal Cooperation
Agreement. ,
8. Delegation of Powers. Pursuant to section 163.410,
Florida Statutes, the County, as a charter county, did on March
31, 1983 delegate certain redevelopment powers to the City in the
Interlocal Cooperation Agreement, and such delegation is hereby
reaffirmed, ratified and continued.
9. Deemed to Be Resolution. In those instances in which
Part III, chapter 163, Florida Statutes, provides that certain
actions are to be taken by resolution, the parties hereto
acknowledge and agree the Interlocal Cooperation Agreement, this
Agreement amending the Interlocal Cooperation Agreement, and any
provision of each of such agreements shall be 'eemed to he such
resolution.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all of the
day and year first above written.
WITNESS our hands and seals on this " day of
1990.
CITY OF MIAMI, a
(Seal) Municipal corporation
ATTEST: of the State of Florida
By:
Natty Hirai Cesar H. Odio
City Clerk City Manager
METROPOLITAN DADE COUNTY, a
political subdivision of the
State of Florida
ATTEST:
By:
Deputy Clerk
XAVIER L. SUAREZ, HAYOR
Prepared and Approved by: Approved as to Form and
Correctness:
LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
27387016 ila:WP163
By:
4
Jorge L. Fernandez
City Attorney
1L{
EXHIBIT C
INTERLOCAL AGREEMENT
(Overtown Project)
This Interlocal Agreement (the "Agreement"), is
made as of this day of 1990, by and
between the Community Redevelopment Agency of The City of
Miami, Florida, a public body corporate and politic of the
state' of Florida (the "Agency"), and The City of Miami,
Florida, a Florida municipal corporation (the "City").
W I T N E 5 SET H:
WHEREAS, it is the purpose and intent of this
Agreement, the parties hereto., and Section 163.01, Florida
known
Cooperation Actof,1969T� (the "Cooperation Act")~ to permit
and -authorize the Agency and the City to make the most effi-
cient use of their respective powers, resources, authority
and capabilities by enabling them to cooperate on the badis
of mutual advantage and thereby achieve the results provided
hereby; and
"'WHEREAS, it is the purpose of the Cooperation Act
to provide a means by which the Agency and the City may
exercise their respective powers, privileges and authority
which they may have separately, but which pursuant to this
Agreement and the Cooperation Act they may exercise collec-
tively;'and
WHEREAS, the Agency and the City desire to have
constructed multi -family residential facilities, commercial
developments, public improvements and various other improve-
ments constituting a redevelopment project in the Southeast
Overtown/Park West community redevelopment area of the City
(the "Project")., which will promote the rehabilitation and
redevelopment of the community redevelopment area, benefit
the local economy, and be of substantial benefit to the en-
tire City and the area of operation of the Agency; and
WHEREAS, the City proposes to issue revenue bonds
(the "Bonds").to finance the cost of the acquisition, con-
struction, and equipping of the Project, including the
.payment of certain loans and advances from the U.S.
Department of Housing and Urban Development (the "HUD
Loan"); and
WHEREAS, the City 3roposes to pledge the rental
revenue derived by the City under the Land Lease Agreement
dated' October 10, 1986 between the City, the Miami Sports
15
90-0196
}
and Exhibition Authority and Decoma Miami Associates, Ltd.
and the City and the Agency propose to pledge the increment
revenues and certain other funds deposited in the
Redevelopment Trust Fund, in each case to secure the City's
obligations with respect to -the Bonds and in the case of the
Agency to pay the Agency's obligations to the City created
by this Agreement; and
WHEREAS, but for the mutual undertakings hereunder
of the parties, it would be necessary for either the City or
the Agency, acting individually, to provide all financing,
pledge all security and take all actions required or permit-
ted for construction of the Project; however, under the
Cooperation Act each has elected to pursue jointly and col-
lectively these separate actions, all in accordance with the
intent and.,purpose of the Cooperation Act permitting local
nnuprn"nnrc emoncr other thinrr=. re, pr,w,,w fr^m 4-11e rnva_
nues the financial and other support for the purposes set
forth in interlocal agreements; and
WHEREAS, the Agency and the City wish by this
Agreement to more fully establish the joint and several
obligations, duties and responsibilities of the City and the
. Agency created hereby, to provide a means and method for a
_cooperative venture by the parties, and to more fully secure
'the payment of the obligations contemplated hereby, includ-
ing the Bonds proposed to be issued by the City, and the
obligations of the Agency hereunder, in the manner provided
herein and in the proceedings providing for the issuance of
the Bonds by the City in order to further the purposes
stated herein;
NOW, THEREFORE, in consideration of the mutual
covenants and agreements of the parties, the Agency and the
• City agree as follows:
SECTION 1. Authority. This Agreement is en-
tered into pursuant to the provisions of Section 153.01 and
Part III, Chapter 163, Florida Statutes; Chapter 166,
• Florida Statutes; the Charter of the City; and other appli-
cable provisions of law.
SECTION 2. Definitions. For the purposes of
. this Agreement, the term "Resolution" means Resolution
No. adopted by the City Commission of the City on
March 8, 199O,!Ias it may be amendeC or supplemented from
• time to time. Unless otherwise indicated, all other capi-
1/ Said Resolution having been adopted by the
Miami City Commission in its capacity as the
Community Redevelopment Agency of the City _
of Miami, Florida.
2
C
6
90-0196
}
talized terms used herein shall have the same meanings as
attributed to them in the Resolution.
Words importing singular numbers shall include the
plural number in each -case -and vice versa, and words import-
ing persons shall include firms, corporations and other en-
tities, including governments or governmental bodies.
SECTION 3. Findings.
A. The Agency hereby adopts, ratifies, and af-
firms -the findings of the City contained in the Resolution.
S. The parties hereby recognize and find that it
is in the best interests of each and the public to establish
a cooperative rel ati nnehi n hotwo0•'
der to best carry out the purposes of the Act and to further
the goals and objectives of the Community Redevelopment Plan
(the. "Plan") for the- Southeast Overtown/Park West
Redevelopment Area (the "Area") as, approved by the City on
July.29, 1982 by adoption of its Resolution 82-755, specifi-
cally including the inducement to the City to provide for
the financing of the acquisition, construction, and equip-
ping of the Project, the pledge of the security therefor,
and the incurrence by the Agency of the Agency's Obligations
(as hereinafter defined).
C. The parties hereto hereby find that each has
the requisite power and authority to enter into and be bound
by this Agreement and to effectuate and carry out its provi-
sions to the fullest extent contemplated hereby.
D. The parties. hereto hereby find that to the
fullest extent contemplated hereby, either party may perform
its respective actions required hereby to finance and ac-
quire, construct, equip, and install the Project.
SECTION 4. Goals; Objectives. The goal and ob-
jective of each of the parties to this Agreement is to
provide the means for each individually and both collec-
tively to participate to the fullest extent of its and their
authority and resources to bring about the Project. It is
further the goal and objective of the parties hereto that
the successful completion of the Project be done in the most
expeditious manner reasonably available to the parties
resulting in the least cost and greatest overall benefit to
the public.
3
9D-0196
SECTION 5. Cooperation; Exercise of Powers.
The parties hereto agree to cooperate and assist each other
in achieving the goals and objectives set forth in Section 4
hereof. Furthermore, each .Qf the parties hereto does hereby
:grant- to the other and does acknowledge that the other party
may in furtherance of the goals and objectives, exercise any
and all powers legally available to the other, including the
taking of any action under Part III, Chapter 163, Florida
Statutes, the issuance of bonds, the pledge of security
therefor, the acquisition of title to any property by emi-
nent domain or otherwise, the disposition of any property by
lease, sale or otherwise, the pledge or use of monies in the
Redevelopment Trust Fund, which but for this Agreement, that
party may not be able to exercise and which by virtue of
this" Agreement maybe shared with the other party and be
exercised separately or collectively. With regard to .the
disposition of property by the Agency, in accordance with
Section 163.380(2), Florida Statutes, such property may be
sold, leased or otherwise transferred at not less than its
fair value in accordance with such reasonable bidding proce-
dures as the Agency may prescribe, which may be different
from the bidding procedures prescribed by the City. The
Resolution, as amended from time to time, may implement the
purposes and intent of this Agreement by allocating the
respective duties, responsibilities, and obligations of the
'parties in furtherance of this Agreement and the Project.
SECTION 6. Financing.
A. The City proposes to issue the Bonds authorized
by and in accordance with the Resolution for the purpose of
paying the cost of acquiring, constructing, equipping and
installing the Project, payment of the BUD Loan and for
other lawful purposes authorized by the Resolution. The
debt service on the Bonds will be secured in the manner
provided herein and in the Resolution.
B. The City owns or will acquire title to the
site of the Project and will construct or cause to be con-
structed thereon the Project. The City is willing to
finance the cost -of the acquisition, construction and equip-
ping of the Project and payment of the HUD Loan, and to make
payment of all debt service on the Bonds issued for such
purposes from revenues pledged for such purpose in' the
Resolution.
C. Commencing with the delivery of the Bonds, the
• Agency shall immediately deposit or cause to be deposited
90-0196
tax increment revenues into the Redevelopment Trust Fund and
shall continue to make or cause to be made such deposits for
.so long as the Bonds remain unpaid and thereafter until the
Agency's Obligations (as hereinafter defined) incurred
hereunder shall have been paid in full -by the Agency to the
City.
D. On or before the first payment of principal or
interest or both on the Bonds is due and payable, the Agency
.shall transfer funds on deposit in the Redevelopment Trust
Fund to a segregated account in said Fund in an amount equal
to the lesser of the funds on deposit in the Redevelopment
Trust Fund or the amount ofsuchdebt service payment. Such
a transfer shall be made for each payment of debt service on
-the Bonds as the same are due and payable. (The Agency's
ob-ktgation to make such transfers is hereby referred to as
the "Agency's Obligations").
E. In order to secure its indebtedness to the
City for the Agency's Obligations, the Agency hereby pledges
to the City and grants to the City a security interest in
and an irrevocable lien upon the Tax Increment Revenues
prior and superior to all other liens or encumbrances
thereon except for the lien thereof in favor of the
Bondholders. The City and the Agency, to secure the obliga-
tions of the City under the Resolution in favor of the
Bondholders, hereby pledge to such holders and grant to such
holders, or any Trustee therefor designated pursuant to the
Resolution, an irrevocable lien upon and a security interest
in the Tax Increment Revenues for the payment of interest,
premium, if any, and principal on the Bonds, all reserves
therefor and all other obligations of the City to the extent
and in the manner provided in the Resolution.
•
F. The Agency is presently entitled to receive
Tax Increment Revenues to be deposited in the Redevelopment
Trust Fund, and has taken all action required by law to en-
title it to receive such revenues, and the Agency will dili-
gently enforce the obligation of any Taxing Authority. (as
defined in Section 163.340(2), Florida Statutes) to appro-
priate its proportionate share of the Tax Increment Revenues
and will not take, or consent to or permit, any action which
will impair or adversely affect the obligation of each such
Taxing Authority to appropriate its proportionate share of
such' revenues, impair or adversely affect in any manner the
deposit- of such revenues in the Redevelopment Trust Fund, or
the pledge of such revenges hereby and by the Resolution.
The Agency and the City shall be unconditionally and irrevo-
cably obligated, so long as any of the Bonds are outstand-
ing, and until the payment :.n full by the Agency of its in-
5
90-0196
}
•
debtedness to the City for the Agency's Obligations, to take
all lawful action necessary or required in order to ensure
that each such Taxing Authority shall appropriate its
proportionate share of the Tax Increment Revenues as now or
later required by law, and to make or.cause to be made any
deposits of Tax Increment Revenues or other funds required
by this Agreement, the Resolution, and the Act.
G. The Agency will not issue any debt obligations
payable from or secured by the Tax Increment Revenues, ex-
cept as may be permitted by the Resolution and with the ex-
press written approval of the City.
H. The Agency does hereby authorize and consent
• to the exercise of full and complete control and custody of
:the --Redevelopment Trust Fund, and any and all monies
therein, by the City or any trustee designated pursuant to
- the Resolution, for the purposes provided in the Resolution
and this Agreement, including the payment by the City, or by
the trustee on behalf of the City, of debt service on the
Bonds and payment of the Agency's Obligations.
SECTION 7.
Representations and Warranties.
A. The Agency does hereby represent and warrant
to the City that it has all requisite power, authority, and
authorization to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement,
make any payment contemplated hereby, and to fulfill any and
all of its obligations, duties, and responsibilities
provided for or required of it by this Agreement, whether
exercised individually or collectively.
•
B. The City does hereby represent and warrant to
the Agency that it has all requisite power, authority, and
authorization -to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement,
make .any payment contemplated hereby, and to fulfill any and
all of its obligations, duties, and responsibilities
provided for or required of it by this Agreement, whether
exercised individually or collectively.
SECTION 8. Amendments. Neither the Resolution
nor any amendments or supplem..nts thereto, shall be adopted
which would have the effect of enlarging the obligations of
the City or the Agency hereunrter or adversely affecting the
rights or interests of the Ci'.y or Agency, without the writ-
ten consent of the City thereto if the obligations of the
_ 9D-0196
}
City are being enlarged or the rights or interests of the
City are adversely affected, or with the written consent of
the Agency thereto if the obligations of the Agency are be-
ing enlarged or the rights or interests of the Agency are
adversely affected. -This-- Agreement may be amended by the
mutual agreement of the City and the Agency at any time and
from time to time prior to the issuance of the Bonds.
Thereafter, no modification or amendment of this .Agreement
or any _agreement amendatory hereof or supplementary hereto,
adverse to the rights or interests of the Bondholders, shall
be effective without the consent in Writing of the holders
of at least two-thirds (2/3rds) or more of the principal
amount of the Bonds then outstanding, but no modification
shall permit a change that will (a) affect the unconditional
promise of the Agency or the City to collect, hold, pay or
make available .the --Tax Increment AkevenueS deposited or
available for deposit in the Redevelopment Trust Fund, or
(b) reduce such percentage of the holders of the Bonds
required above for such modifications or amendments, without
the.consent of all the holders of all of the Bonds then
outstanding.
SECTION 9. This Agreement to Constitute
Contract`. In consideration of the acceptance of the Bonds
authorized to be issued under the Resolution by those who
shall hold the same from time to time, this Agreement shall
be deemed to be and shall constitute a contract between the
City, the Agency and the Bondholders. The covenants and
agreements herein set forth to be performed by the City and
the Agency shall be for the equal benefit, protection and
security of the Bondholders without preference, priority or
distinction among them.
SECTION 10. Remedies. The Agency, the City, and
any holder of any of the Bonds to be issued by the City, may
seek to protect and enforce any and all rights, duties, and
obligations of the City or Agency granted and contained in
this- Agreement and in the Resolution, and to enforce and
compel the performance of all duties required by this
Agreement or by any applicable laws to be performed by the
Agency or the City or by any official thereof, and the col-
lection of all funds pledged by the Resolution or made
available by this Agreement; and may take all steps to en-
force and collect such funds to the full extent permitted or
authorized by the laws of the State of Florida or the United
States of America.
7
90-0196
SECTION 11. Severability. If any one or more of
the covenants, agreements or provisions of this Agreement
shall be held contrary to any express provision of law or
contrary to any policy of express law, although not ex-
pressly prohibited, contrary to any express provision of the
Resolution, 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.
SECTION 12. Validation. The City Attorney is
hereby authorized by the parties hereto to initiate appro-
priate proceedings in the Circuit Court of the Eleventh
Judicial Circuit of Florida, in and for Dade County,
Florida, for the validation of this Agreement and the rights
and obligations of -the Agency and the City under this
Agreement and the Resolution, and the proper officers of the
City and the Agency are hereby authorized to verify on their
behalf any pleadings in such proceedings, and such counsel
may join in one complaint or one proceeding, or both, in
connection with the validation of this Agreement and the
Bonds issued or to be issued pursuant to the Resolution.
SECTION 13. Controlling Law. All covenants,
stipulations, obligations and agreements of the City and the
Agency contained in this Agreement shall be deemed to be
covenants, stipulations, obligations and agreements of each
of the City and the Agency, respectively, to the full extent
authorized by the Act and provided by the Constitution and
laws of the State of Florida. Any and all provisions of
this•Agreement and any proceeding seeking to enforce or
challenge any provision of this Agreement shall be governed
by the laws of the State of Florida. Venue for any proceed-
ing pertaining to this Agreement shall be Dade County,
Florida.
SECTION 14. 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 Agency in its,
his or their individual capacity, and neither the members of
the governing body of the City or the Agency, nor any offi-
cial executing this Agreement shall be liable personally or
shall be subject to any accountability for reason of the
B
90-0196
execution by the City or the Agency of this Agreement or any
act pertaining thereto.
• SECTION 15. - Recording. The City Clerk of the
City of Miami is hereby authorized and directed after ap-
proval ..of this Agreement by the respective governing bodies
of the City and the Agency and the execution thereof by the
duly qualified and authorized officers of each of the par-
ties hereto, to file this Agreement with the Clerk of the
Circuit Court of Dade County, Florida; for recording in the
public records of Dade County, Florida.
SECTION 16.- Expiration Date. Unless extended by
mutual agreement of the City and the Agency, this Agreement
shall expire at such time as the Bonds shall be fully paid
or provision shall be made for the payment of all of the
-Bonds as provided in the Resolution or subsequent supplemen-
tal resolutions thereto affecting the sale of the Bonds and
the Agency shall have otherwise paid in full its indebted-
ness to pay the Agency's Obligations to the City.
SECTION 17. Effective Date. This Agreement
shall become effective immediately upon the.execution by the
appropriate officers of the City and the Agency, and upon
filing of this Agreement with the Clerk of the Circuit Court
of Dade County, Florida, as required by Section 163.01(11),
Florida Statutes.
IN WITNESS WHEREOF, the parties hereto, by and
through the undersigned, have entered into this Interlocal
Agreement on the date and year first above written.
(SEAL)
Attest:
CITY OF MIAMI , FLORIDA
By:
Natty Hirai -Cesar H. Odio
City Clerk City Manager
90-0196
Attest:
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI
By:
P;at_y Hirai Xavier L. Suarez
Secretary Chairpan
Prepared and Approved by: Approved as td form
and correctness
Jorge L. Fernandez
Deputy City Attorney City Attorney •
273870015ila:41
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90-0196
}
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF MIAMI )
I, MATTY HIRAI, City Clerk of the City of Miami,
Florida, and keeper of the records thereof, do hereby certify
that the attached and foregoing pages numbered 1 through 20,
inclusive, constitute a true and correct copy of a Resolution,
with attachements, passed and adopted by the City Commission at
the meeting held on the 8th day of March, 1990.
SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 90-0196.
IN WITNESS WHEREOF, I hereunto set my hand and impress
the Official Seal of the City of Miami, Florida this 25th day of
June, 1990.
(OFFICIAL SEAL)
NATTY HIRAI
City Clerk
Miami, Florida
By:
De uty City Clerk
•
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INTERLOCAL AGREEMENT
(Overtown Project)
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"Agreemer c�
This Interlocal Agreem nt (the ,
made as of this E4h day of JbVtm1I,U1
between the Community Redevelopment FAgency
Miami, Florida, a public `body 'corporate_and
State of Florida (the "Agency"), and The
Florida, a Florida municipal corporation (the
1990,
of The
politic
City of
"City")
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W I T N E S S E T H:
WHEREAS, it is the purpose and intent of this-
Agreement, the parties hereto, and Section 163.01, Florida
Statutes, known and referred to as the Florida lnterlocal
Cooperation Act of 1969 (the "Cooperation Act") to permit and
authorize the Agency and the City to make the most efficient
use of their respective powers, resources, authority_ and
capabilities by enabling them to cooperate on the basis of
mutual advantage and thereby achieve the results provided
hereby,' -and
WHEREAS, it is the purpose of the Cooperation Act
to. provide a means by which the Agency and the City may
exercise their respective powers, privileges and authority
which they may have separately, but which pursuant to this
Agreement and the Cooperation Act they may exercise
collectively; and
WHEREAS, the Agency and the City desire to have
constructed multi -family residential facilities, commercial
developments, public improvements and various other
improvements constituting a redevelopment project. in the
Southeast overtown/Park West community redevelopment area of
the Cj44 (the "Project"), which will promote the
rehabilitation and redevelopment of the —community
redevelopment area, benefit the local economy, and be of
substantial benefit to the entire City and the area of
operation of the Agency; and
WHEREAS, the City proposes to issue revenue bonds
(the "Bonds") to finance the cost of the acquisition,
construction, and equipping of the Project, including the
payment of certain loans and advances from the U.S.
Department of Housing and Urban Development (the "HUD Loan");
and
1
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WHEREAS, the City proposes
revenue derived by the City under the
dated October 10, 1986 between the City
Exhibition Authority and Decoma Miami
the City and the Agency propose to
to pledge the rental
Land Lease Agreement
, the Miami Sports and
Associates, Ltd. and
pledge the increment
revenues and certain other funds deposited in the
Redevelopment Trust Fund: in each case to secure the City's
obligations with respect to the Bonds and in the case of the
Agency to pay the Agency's obligations to the City created by
this Agreement; and
WHEREAS, but for the mutual undertakings hereunder
of the parties, it would be necessary for either. the City or
the Agency, acting individually, to provide all financing,
pledge all security and take all actions required or
permitted for construction of the Project; however, under the
Cooperation Act each has elected to pursue jointly and
collectively these separate actions, all in accordance with
the intent and purpose of the Cooperation Act permitting
local governments, among other things, to provide from their
revenues the financial and other support for the purposes set
forth in-interlocal agreeients; and
WHEREAS, the Agency and the City wish by this
Agreement to more fully establish the joint and several
obligations, duties and responsibilities of the City and the
Agency created hereby, to provide a means and method for a
cooperative venture by the parties, and to more fully secure
the payment of the obligations contemplated hereby, including
the Bonds proposed to be issued by the City, and the
obligations of the Agency hereunder, in. the manner provided
herein and in the proceedings providing for the issuance of
the Bonds by the City in order to further the purposes stated
herein;
NOW, THEREFORE, in consideration of the mutual
covenants and agreements of the parties, the Agency and the
City agree as follows:
SECTION 1. Authority. This Agreement is entered
into pursuant to the provisions of Section 163.01 and Part
III, Chaser 163, Florida Statutes; Chapter 166, Florida
Statutes; the charter of the City; and other applicable
provisions of law.
SECTION 2. Definitions. For the purposes of
this Agreement, the term "Resolution" means Resolution
No.4-1b-)5 adopted by the City Commission .of the City on
March 8, 1990, as it may be amended or supplemented from
time to time. Unless otherwise indicated, all other
capitalized terms used herein shall have the same meanings as
attributed to them in the Resolution.
�., Words importing singular numbers shall include the
plural number in each case and vice versa, and words
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1.
L-44
importing persons shall include firms, corporations and other
entities, including governments or governmental bodies.
SECTION 3. Findings.
A. The Agency hereby adopts, ratifies, and
affirms the findings of the City contained in the Resolution.
B. The parties hereby recognize and find that it
is in the best interests of each and the public to establish
a cooperative relationship between the parties hereto .in
order to best carry out the purposes of the Act and to
further the goals and objectives of the Community
Redevelopment Plan (the "Plan") for the Southeast
Overtown/park West `Redevelopment Area (the "Area") as
approved by the City on July 29, 1982 by adoption of its
Resolution 82-755, specifically including the inducement to
the City to provide for the financing of the acquisition,
construction, and equipping of the Project, the pledge of the
security therefor, and the incurrence by the Agency of the
Agency's Obligations (as hereinafter defined).
C. The parties hereto hereby find that each has
the requisite power and authority to enter into and be bound
by this Agreement and to effectuate.and carry out its
'provisions to the fullest extent contemplated hereby.
D. The parties hereto hereby find that to the
fullest extent contemplated hereby, either party may perform
its respective actions required hereby to finance and
acquire, construct, equip, and install the Project.
SECTION 4. Goals; Objectives. The goal and
objective of each of the parties to this Agreement is to
provider,the means for each individually and both collectively
to pditicipate to the fullest extent of its and their
authority and resources to bring about the Project. It is
further the goal and objective of the parties hereto that the
successful completion of the Project be done• in the most
expeditious manner reasonably available to the parties
resulting in the least cost and greatest overall benefit to
the public.
SECTION 5. Cooperation; Exercise of Powers.
The parties hereto agree to cooperate and assist each other
in achieving the goals and objectives set forth in Section 4
hereof. Furthermore, each of the parties hereto does hereby
grant to the other and does acknowledge that i he other party
may .in furtherance of the goals and objectives, exercise any
3
and all powers legally available to the other, including the
taking of any action under Part III, Chapter 163, Florida
Statutes, the issuance of bonds, the pledge of security
therefor, the acquisition of title to any property by eminent
domain or otherwise, the disposition of any property by
lease, sale or otherwise, -the pledge or use of monies in the
Redevelopment Trust Fund, which but for this Agreement, that
party may not be able to exercise and which by virtue of this
Agreement may be shared with the other party and be exercised
separately or collectively. With regard to the disposition
of property by the Agency, in accordance with Section
163.380(2), _..Florida .__ Statutes, such property may be sold,
leased .or otherwise transferred at not less than its fair
value .in accordance with such reasonable bidding procedures,
as. the Agency may prescribe, which may be .different .from the
biddingprocedures-prescribed by the •City. The Resolution,
as_amended from time to time, may implement the purposes and
intent of this Agreement by allocating the respective duties,
responsibilities, and obligations of the parties in
furtherance of this Agreement and the Project.
SECTION 6. Financing.
A. The City proposes to issue the Bonds authorized
by and in accordance with the Resolution for the purpose of
paying the cost of acquiring, constructing, equipping and
installing the Project, payment of the HUD Loan and for other
lawful purposes authorized by the Resolution. The debt
service on the Bonds will be secured in the manner provided
herein and in the Resolution.
B. The City owns or will acquire title to the
site of the Project and will construct or cause to be
constructed thereon the Project. The City is willing to
-- finance the cost of the acquisition, construction and
equipping of the Project and payment of the HUD Loan, and to
make -payment of all debt service on the Bonds issued for such
t purpo4 s from revenues pledged for such purpose in the
_r , Resol'iition.
C. Commencing with the delivery of the.Bonds, the
Agency shall immediately deposit or cause to be deposited tax
increment revenues into the Redevelopment Trust Fund and
I shall continue to make or cause to be made such deposits for
so long as the Bonds remain unpaid and thereafter until the
Agency's Obligations (as hereinafter defined) incurred
hereunder shall have been paid in full by the Agency to the
-_,',.w° j City.
D. Commencing November 1, 1990, the Agency shall
transfer funds on deposit in the Redevelopment Trust Fund to
a fund held by the Trustee in connection with the Bonds
pursuant to the terms of a Resolution adopted or to be
adopted by the City prior to the issuance of the Bonds. Such
a transfer shall be made for each payment of debt service on
the Bonds as the same are due and payable. (The Agency's
obligation to make such transfers is hereby referred to as
the "Agency's Obligations").
E. . In order to secure its .indebtedness to the
City for the Agency's Obligations, the Agency hereby pledges
to the City and grants to the City a security interest in and
an irrevocable lien upon the Tax Increment Revenues prior and
superior to all other liens or encumbrances thereon, except
for the lien. thereof in favor of the Bondholders. The City
and the Agency, to secure the obligations of the City under
the Resolution in favor of the Bondholders, hereby pledge -to
such holders and grant to such holders, or any Trustee
therefor designated pursuant to the Resolution, an
irrevocable lien upon and a security interest in the Tax
Increment Revenues for the payment of interest, premium, if
any, and principal on the Bonds, all reserves therefor and
all other obligations of the City to the extent and in the
manner provided in the Resolution.
F. The Agency is presently entitled to receive
Tax Increment Revenues to be deposited.in the Redevelopment
Trust Fund, and has taken all -action required by law to
entitle it to receive such revenues, -and the Agency will
diligently enforce the obligation of any Taxing Authority (as
defined in Section 163.340(2), Florida Statutes) to
appropriate its proportionate share of the Tax Increment
Revenues and will not take, or consent'toor permit, any
action which will impair or adversely affect the obligation
of each such Taxing Authority to appropriate its
proportionate share of such revenues, impair or adversely
affect in any manner the deposit of such revenues in the
Redevelopment Trust Fund, or the pledge of such revenues
hereby and by the Resolution. The Agency and the City shall
be unconditionally and irrevocably obligated, so long as any
of tie Bonds are outstanding, and until the payment in full
by the Agency of its indebtedness to the City for the
Agency's Obligations, to take all lawful action necessary or
required in order to ensure that each such Taxing Authority
shall appropriate its proportionate share of the Tax
Increment Revenues as now or later required by law, and to
make or cause to be made any deposits of Tax Increment
Revenues or other funds required by this Agreement, the
Resolution, and the Act.
G. The Agency will not issue any debt obligations
payable from or secured by the Tax Increment Revenues,
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except as may be permitted by the Resolution and with the
express written approval of the City.
H. The Agency does hereby authorize and consent
to the exercise of full and complete control and custody of
the Redevelopment Trust Fund, and any and all monies therein,
by the City or any trustee designated pursuant to the
Resolution, for the purposes provided in the Resolution and
this Agreement, including the payment by the City, or by the
trustee on behalf of the City, of debt service on the Bonds
and payment of the Agency's Obligations.
SECTION 7. Representations and Warranties.
A. The Agency does hereby represent and warrant
to the City that it has all requisite power, authority, and
authorization to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement, make
any payment contemplated hereby, and to fulfill any and all
of its obligations, duties, and responsibilities provided for
or required of it by this Agreement, whether exercised
individually or collectively. •
B. The City does hereby represent and warrant to
the Agency that it has all requisite power, authority, and
authorization to enter into this Agreement, has taken all
necessary actions required to enter into this Agreement, make
any payment contemplated hereby, and to fulfill any and all
of its obligations, duties, and responsibilities provided for
or required of it by this Agreement, whether exercised
individually or collectively.
SECTION 8. Amendments_ Neither the Resolution
nor any/amendments or supplements thereto, shall be adopted
which wOld have the effect of enlarging the obligations of
the City or the Agency hereunder or adversely affecting the
rights or interests of the City or Agency, without the
written consent of the City thereto if the obligations of the
City are being enlarged or the rights or interests of the
City are adversely affected, or with the written consent of
the Agency thereto if the obligations of the Agency are being
enlarged or the rights or interests of the Agency are
adversely affected. This Agreement may be amended by the
mutual agreement of the City and the Agency at any time and
from time' to time prior to the issuance of the Bonds.
Thereafter, no modification or amendment of this Agreement or
any agreement amendatory hereof or supplementary hereto,
Y adverse to the rights or interests of the Bondholders, shall
be effective without the consent in writing of the holders of
at least two-thirds (2/3rds) or more of the principal amount
of the Bonds then outstanding, but no modification shall
permit a change that will (a) affect the unconditional
promise of the Agency or the City to collect, hold, pay or
make available the Tax Increment Revenues deposited or
available for deposit in the Redevelopment Trust Fund, or (b)
reduce such percentage of the holders of the Bonds required
above for such modifications or amendments, without the
consent of all the holders of all of the Bonds then
outstanding.
SECTION 9. This Agreement to Constitute
Contract. In consideration of the acceptance of the Bonds
authorized to be issued under the Resolution by those who.
shall hold the same from time to time, this Agreement shall -
be deemed to be and shall constitute.a contract between the
City,- the Agency and the Bondholders. The covenants and
agreements herein set forth to be performed by the City and
the Agency shall be for the equal benefit, protection and
security of the Bondholders without preference, priority or
distinction among them.
SECTION 10. Remedies. The Agency, the City, and
any holder of any of the Bonds to be issued by the City, may
seek to protect and enforce any and all rights, duties, and
obligations of the City or Agency
granted and contained in this Agreement and in the
Resolution, and to enforce and compel the performance of all
duties required by this Agreement or by any applicable laws
to be performed by the Agency or the City or by any official
thereof, and the collection of all funds pledged by the
Resolution or made available by this Agreement; and may take
all steps to enforce and collect such funds to the full
extent permitted or authorized by the laws of the State of
Florida or the United States of America.
"SECTION 11. Severability. If any one or more of
the covenants, agreements or provisions of this Agreement
shall be held contrary to any express provision of law or
contrary to any policy of express law, although not expressly
prohibited, contrary to any express provision of the
Resolution, 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.
_ SECTION 12. Validation. The City Attorney is
hereby authorized by the parties hereto to initiate
7
appropriate proceedings in the Circuit Court of the Eleventh
pFlorida,
Judicial Circuit of Florida, in for
Dadeand the County,
and
for the validation of this Agreement obligations of the Agency and the City under this Agreement
and the Resolution, and the proper officers of the City and
authorized to verify on their behalf
any eare hereby proceedings, and such counsel. may join
any pleadings
ngs in such eeding, or both, in connection
in one complaint or one proceeding,
and the Bonds issued or
w
to be issueeddipp ith the vursuantation ftohis AtheResoluti.on.
t
Controllin Law. All covenants,
SECTION 13. and the
stipulations, obligations and agreements of the City
Agency contained in
this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each
respectively, to the full extent
of the City and the Agency,P the Constitution and
authorized by the Act and provided an d by
yall provisions of this
laws of the State of Florida. Any seeking to enforce or challenge
Agreement and any proceeding governed by
any provision of this Agreement shall
all e g veany proceeding
pertaining
the State Florida.
shall be Dade County, Florida.
pertaining to this Agreement
SECTION 14. No Member Liabilit . No covenant,
stipulation, obligation or agreement containedherein
s .all
obligation
be deemed to be a covenant, stipulation, trnnr
.agreement of any present or future member of the govey or the Agencyrning,
ii,
body or agent or employee of the neither the members of
his or their individual. capacity, andor the Agency, nor any
the governing body of the Citye
official executing this Agreement shall be for breason son ally
or shall be subject to any accountability his Agreement or any
execution by the City or the Agency of
act pertaining thereto.
SECTION 15. Recording. The City Clerk of the
d and directed after
authorize
City of Miami is hereby approval of this Agreement by the respective governing bodies
of the City and the Agency nd the execution
each of the reof by the
the parties
duly qualified and authorized officers of
hereto, to file this Agreement with the Clerk of the Circuit
Court of Dade County, Florida, for recording in the public
records of Dade County, Florida.
SECTION 16.
Ex irnatio❑ate. Unless extended by mutual agreement of the City and the Agency, this Agreement
shall aid or
shall expire at such time as the Bonds
n of all of fully
yhe paid
provision shall be made for the payment su supplemental
as provided in the Resolution or subsequentpP
8
resolutions thereto affecting the sale of the Bonds and the
Agency shall have otherwise paid in full its indebtedness to
pay the Agency's Obligations to the City.
SECTION 17. Effective Date. This Agreement shall
become effective immediately upon the execution by the
appropriate officers of the City and the Agency, and upon
filing of this Agreement with the Clerk of the Circuit Court
of Dade County, Florida, as required by Section 163.01(11),
Florida Statutes.
IN' WITNESS WHEREOF, the parties hereto, by and
through the undersigned, have entered into this Interlocal_
Agreement on the date and year first above written.
(SEAL.
Attest:
Olt, _, Fae A%... a -+
City Clerk &Ai.. Ci 1`1 cif ti
Attest:
natty
11a y i Lnl. I N .t
11
Prepared/and Approved by:
balauty City Attorney
Assi.
CITY OF MIAMIFLORIDA
By:
Cesar H. Odio
City Manager
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI
By:
27387-16 ILA•WP122 9
11/08/90
avier L. Suare
Chairman
Approved as to form
and correctness
— rtJ Ct I. 1�1 7 1 y rl
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INTERLOCAL AGREEMENT
Between
CITY OF MIAMI, FLORIDA And SOUTHEAST
OV :KTOWMIPARK WEST COMMUNITY
REDEVELOPMENT AGENCY And THE
COMMUNITY REDEVELOPMENT AGENCY FOR
THE OMNI REDEVELOPMENT DISTRICT
THIS AGREEMENT, jitade and entered into as of this /
clay of
1995, by and between the City of Miami, a municipal corporation
organized and eacisting under the lows of the State of Florida_ (hereinafter referred to as the
"CITY"), the Southeast OvertownJPark West Community Redevelopment Agency, established
and created in accordance with the provisions of Chsptc'.r 163, Part 1I1, Florida Statutes
(hereinafter referred to as the "SEOPW CRA" and the CUiliti unify Redevelopment Agonoy for
the OMNI Redevelopment r)istrct, established and created in accordance with the provisions of
Chapter 163, Part PI, rluridn Statutes, (hereinafter referred to as t'hc "OMN1 CPA"),
wITNESSETt1;
wHERRA,S, in aocord2,net with tht provisions of Chapter 163, Florida Statutes,
Metropolitan Dade County ("County"), by Resolution No, 1677-82, estabilahcd the Southeast
Dvertown/Park West Redevelopment District (hereinafter referred to as "SEOPW') as a separate
�omrr►ui�ily redevelopment district for tax increment financing purposes; and
WHEREAS, the City of Miami by Resolution No. 82-755 approved the Southeast
OvertowrlPnrk West Community Redevelopment Plan (hereinafter referred to as the "SEOPW
Plan"); and
J i� •
WHEREAS, the County by Ordinance No. 82-115 established and created in accordance
Th
with the provisions of Section 163.387, Florida Statutes, a redevelopment trust fund for SEOPW
and has authorised the allocation afnionies from such f;nrl; and
WHEREAS, the City and the County entetrs! into an interlace Cooperation Asr:cmont,
dated as of March 31, 1983, as amended, which provided for the exercise of redevelopment
powers b► the..City for the SEOPW, the implementation of the SEOPW Pion, .the delegation by
the County to the City Commission to act as the community redevelopment agency for the
SEOPW, and the use of tax increment financing to pay the costs of the implementation of the
SEOPW Plan; and
WHEREAS, .pursuant to Resolution No 86-868, the City Commission approved in
principle a redevelopment plan for the redevelopment of the Omni area (the "OMNl Plan"); and
WHEREAS, in accordance with the provisions of Chapter 163, Florida Statutes, the •
County, by Resolution No. R-825-87, established the Omni Redevelopment Area Oierninafter
referred to as "OMNI") as a separate community redevelopment district for tax i,;ciement
financing purposes; and .
WHEREAS, by Resolution No 1-825-87 and Ordinance No. 87-47,_ the Board of County
Commissioners fnr'Met'ropolltan Dade County ("County") approved the OMNI Plan and a tax
increment fund ,tespeetively; and
WHEREAS, by Ordinance No, 87-47, in accordance with the provisions of Sections
163;357 and 163 10, Florida Statutes, the County designated the City Cotmnission the
k
Community Redevelopment Agency for the OMNI CRA;
WHEREAS, in accordance with Section 163.357, Florida Statutes, the SEOPW CRA and
the OMNI CRA are legal entities, separate, distinct, and independent from the City Co
-:-mission;
and
196 2
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WI ;.RAAS, in accordance with Section 163,370, Florida Statutes, the SEOPW CRA and
the OMNI CRA are empowered to undertake and carry out community redevelopment and
rciatod activities in their respective redevelopment districts; and .
WHEREAS, in order to make the rnost ef114.:ieza use of their powers, resources, authority
and capabilities, the SEOPW CRA and the OMNI CRA intend to use the same stair,
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
City and the SEOPW CR.A and the OMNI CRA hereby agree to the following:
I . The CITY shall provide the Funds for the City staff ("City Staff') as listed
on the Budget attached hereto as Attachment "A" on a full Lime basis to carry out the functions
and responsibilities of the SEOPW CRA and the OMNI CRA It is anticipated that the Funds to
be provided by the City for the City Staff will be necessary for a three year period commencing on
the effective date of this Agreement.
2. The City Staff shall remain ernployeee of the City and shall continue to
accrue and receive benefits as City employees.
3. The City Staffshall be under the supervisory control of the SEOPW CRA
and the OMNI CRA; however, the City Manager retains the authority to remove said staff only
after conwliatinn with the CR.As,
4. Financial support to the SEOPW CRA and the ONLTI CRA shall be in
accordance with the budget attached hereto and shall be provided to the SEOPW CRA and tic
OMNI CRA for a period not to exceed three (3) years from the effective date of this Agreement,
or until such time as the respective CRA becomes self-sufficient, whichever first occurs. Any
mendments to the budget. regarding City funding must be presented by the respected CRA to the
City Commission foi approval.
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5. This instrument and its attachments constitute the sole and only agreement
of the parties hereto and correctly set forth the rights, duties, and obligation of each to the other
as of ka date, Any prior agreements, promises, negntiAtinns, or representations not expressly set
forth in this Agreement are of no force or effect,
6. No amendments to this Agreement shalt be binding on either party unless in
writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in their names by their duly authorized all of the day and year first above -written.
WALT
City Ciefk ; _':;, , - Y.
City Clerk,,
WALTER r; FO
City ierk•
.
ry
LKK/pb/WO 12
Rev.7/S/95
198
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CITY OF MI municipal
corporation. tate of Florida
CESAR H. ODIO
City Manager
Southeast Overtown/Park West Community
Redevelopment Agency
MILLER ], Aid' INS
Chairman
Community Redevelopment Agency for the
OM Ni .Kedevel optrrent District
sew
MILLER J. DAWKINS
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
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 OvertownlPark 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 "Om*,
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 PIan, 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 might 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, 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 will 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 terms 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 of the 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 net 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 Overtown/Park
West Community Redevelopment Agency and the Omni 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 GRA Redevelopment Area
and the Southeast Overtown/Park 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 OvertownlPark 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. 86-868 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 redevelopmentpof 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 management,
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 may, 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 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 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 any other subrecipient receiving HUD
Funds. The Miami CRA shall comply with all applicable federal, state and local laws
5
and regulations relating to the HUD 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 W - 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 GRA shall not use any
community development block grant funds (hereafter referred to as "CDBG Funds")
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 CRA 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) Proiect 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
ccordance with the City's annual budget process. Such funds shall be expended as
provided herein, unless the Miami CRA has first -secured the written permission of the
City.
Section 4.2 (c) of the Agreement is amended to read as follows:
ating
costs inc thibit
B hereto (c) Program Operations Expenses or General Fund Support. For the A not
exceedin_ 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
$11,500,0 paid
by the Mit Effective October 1, 2002 for Fiscal Year 2002-2003 and for each xtent
that, in thi 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 accordance with generally accepted accounting principles.
7
The SEOPW CRA and the Omni CRA may each designate a different fiduciary by
appropriate resolution.
ARTICLE V-PERSONNEL AND OTHER RESOURCES TO BE PROVIDED BY CITY
�.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 CRA
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,
unless the Kenai :.C.RA...otherwise_selects a general counsel, provided that nothing
herein shall prohibit the Miami CRA from 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 Miami 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.
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.
(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 City and 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 Miami 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 CRA
(a) The Miami CRA shall be responsible for the planning,
development, program management, technical assistance, coordination and other
services necessaryfor the completion of the Projects.
.J
(b) For the financing of projects in future years as part of the City's 4<,�
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 : .).[Vc
��n1
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 CRA 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 CRA 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.
1U
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 Miami 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 (iii) contravenes or results in
any breach of, or default under any other agreement to which the City is a party, or
ilts 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
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.
(h) 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
12
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 fulfilled, 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 the 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
upontermination 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
certified/return 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 Interlocal
Cooperation Agreement as of the day and year first above written.
ATTEST.
Walter Foeman, i Clerk
APPR • i '` ORM AND
LE r S _.j ENCY
n• o
ty Attor
Walter Foeman, City Clerk
_&'PROVED AS TO FORM AND
CITY OF
By:
FLORIDA
Donald Warshaw, City Manager
SOUTHEAST OVERT /PARK WEST
CO ! TY ,' EDE?a OPMENT AGE
By: / , 4/ I►',;.!!�,
Richard H. Ju+ E .'cutive 1:: ector
15
LEGAL SUFFICIENCY
William R. Bloom, Esq.
Holland & Knight LLP, Counsel
to SEOPW CRA
0401444,01.0/
Walter Foernan, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
2
William R. Bloom
Holland & Knight LLP, Counsel
to Omni CRA
OMNI AREA COMMUNITY
REDE LOPMENT AGENCY
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 1-395 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
Plat Book 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 V2
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
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 Y2
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 Waddell 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 unsubdivided 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
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 5th Street on the South
A-3
1.
2.
Employee
Hilda Tejeta
Hammond Noriega
Position
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)
(Copy Attached)
MIA1 #866692 v7
LE)
arshaw, City Mana
APPROVAL:
Financial Oversight Board
CONTRACT REVIEW AND ANALYSIS FORM
ATTACH SUPPORTING DOCUMENTS _ rF1G
DATE: March 22, 2000 '
DEPARTMENT/DIVISION: Community Development `1. 3
CONTACT PERSON/CONTACT NUMBER: Gwendolyn C. Warren / (ard1 —2 79�'
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:
Arc matching funds Budgeted? ❑ YES ® 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 SEE ATTACHED
JUSTIFICATION FOR CONTRACT OR AGREEMENT
(Include why it is needed, conscyuer,c_s if not authorized 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 quotes 0 Short -Term Contract
❑ Negotiated Purchase 0 Term of Contract
❑ Sole Source (include documentation) 0 Lease (Type: )
❑ Bid Waiver (include documentation) 0 Other
❑ Formal Bid/Proposal (include .il• abulation/p oposal Ranking)
1
DATE: ��! f I
APPROVAL: 'I .--s. - DATE: 3 '7,Z/ p�
,vrs/fi7 V "
DATE: `0/'e'
BUDGET APPROVAL: DATE:
PREVIOUS AWARDS OF
From most recent: None
DIRECTOR or DESIGNEE:
Donal
3-?2-0o.
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: VFrank K. Rollason, Executive Director, Community Redevelopment Agency
James Villacorta, Assistant City Attorney
CRP.: tnterfocalAgreement:2-Thompson-Ofi-09-o3
AMENDMENT NO. 1
TO
INTERLOCAL COOPERATION AGREEMENT
This Amendment is entered into this 13 day of 114 y , 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
.terL= Priscilla A. Thompson`
- City Clerk
Approved -as to F and
Correctness:
,/
Alejandro Vilarello
City/Attorney
ATTEST:
i Priscilla A. Thompson
- City Clerk
Approved as to Form and
Correctness:
City of Miami, a nicipal corporat
of the State of Flo 'd
By:
Je7rriola
City Manager
Southeast OvertownlPark 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 Interlocal Agt Amend1-02-I2-03
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, MIAMI-DADE
COUNTY, SOUTHEAST OVERTOWN PARK WEST CRA AND OMNI CRA TO
PROVIDE FUNDING FOR MAJOR PROJECTS FOR THE BENEFIT OF ALL
PARTIES
This Agreement, dated as of December It, 2007, is made and entered
into by the City of Miami (the "City"), Miami -Dade County (the "County"),
Southeast Overtown Park West Community Redevelopment Agency (the
"SEOPW CRA") and the Omni Community Redevelopment Agency (the "Omni
CRA"). The SEOPW CRA and the OMNI CRA are sometimes referred to herein,
collectively, as the "CRAs".
RECITALS
A. The City, the County and the CRAs (collectively, the "Parties")
acknowledge that the following projects (collectively, the "Projects") are of great
benefit to the CRAs and the community in general, for reasons which include the
reasons set forth below, and are supportive of said Projects:
1. Performing Arts Center (the "PAC"): This project has been, and
continues to be a catalyst in attracting development and private
investment within the OMNI CRA area as well as downtown Miami.
2. Port Tunnel (the "Port Tunnel"): This project consists of
widening of the MacArthur Causeway Bridge, construction of a tunnel
between Watson Island and Dodge Island and roadway improvements on
Watson island and the Port of Miami. It will ensure the economic viability
and growth of the Port of Miami, the second most important economic
generator in the region accounting for over 17,000 jobs and $2.2 billion
annually in total economic benefit to the City and its residents. Further,
the Tunnel Project will reduce congestion and improve the quality -of -life of
the Omni CRA and SEOPW areas as well as downtown Miami by
removing over 5,000 port -bound trucks per day from area streets.
3. Museum Park Project (the "Museum Park"): Museum Park is the
City of Miami's urban redesign vision for the park now known as
Bicentennial Park, a 29-acre property on Biscayne Bay which serves and
will serve the residents of the OMNI CRA, the SEOPW CRA and well as
the entire region. This project includes a premier public park anchored by
landmark new facilities for the Miami Art Museum (MAM) and the Miami
Museum of Science and Planetarium (MMSP), which will include a branch
of the Historical Museum of Southern Florida. The building will be
designed around energy -saving, sustainable materials and techniques.
The goals of Museum Park include the restoration of the park's waterfront
land to public use, revitalization of the OMNI CRA, the SEOPW CRA and
surrounding neighborhoods, the building of a first-class educational and
cultural resource for the region's residents and visitors, and will strengthen
the economy by contributing to tourism, the region's number one industry.
Studies indicate that over the course of their first decade, MAM and the
MMSP at Museum Park will have a $2 billion economic impact and will
create 1,700 jobs in the community annually.
4. Streetcar Project (the "Streetcar".: The Streetcar will provide
an energy -efficient and convenient alternative mode of transportation
connecting the City's• most densely populated and urbanized areas,
including Downtown, Overtown, Omni, Wynwood/Edgewater, Midtown,
Design District and the Civic Center/Health District. The Streetcar service
will promote mass transit use and connect with Miami -Dade Transit
(Metromover, Metrorail and Metrobus). The Streetcar circulator will
substantially address the City's need to comply with State Bill 360, the
Growth Management Act as a multi -modal project improving mobility and
meeting transportation concurrency.
5. Orange Bowl Stadium (the "New Orange Bowl"): It is
contemplated by the City that the New Orange Bowl may be redeveloped
into a soccer stadium for a Major League Soccer franchise. It will also
include parking, and may include retail, entertainment, park and open
spaces and related amenities. The New Orange Bowl will be designed
and developed to be compatible with the Baseball Project aesthetically
and operationally. This project is intended to bring economic growth and
vibrancy to the heart of Little Havana and surrounding corridors and
neighborhoods. Funding for and construction of a New Orange Bowl will
not commence until Major League Soccer awards Miami an expansion
franchise.
6. Baseball Project (the "Baseball Project"): The Orange Bowl
Site will be developed to include a new $515 million first class retractable
roof Major League Baseball stadium for the use of the Florida Marlins.
City and the County have been working together to bring professional
baseball to the City of Miami and the availability of the Orange Bowl Site
offers the perfect opportunity to combine professional baseball with the
New Orange Bowl at a completed redeveloped Orange Bowl site with
parking, retail, entertainment and related amenities. A major league
baseball team will benefit the entire community and region, by, among
other things, creating jobs and attracting tourism, providing both a direct
and indirect increase in tax revenue. The Baseball Project will serve as
an engine for economic development creating 250 full time and 2,000 part
time jobs. In addition, construction of the project is expected to generate
approximately 1,700 high paying jobs during the construction period of
approximately 29 months.
7. Parking: The Orange Bowl site•will be redeveloped to include at
least 6,000 parking spaces to be funded by the City to support the
Baseball Project and the New Orange Bowl which will be available for the
opening of the Baseball Project. These parking structures are necessary
and will benefit the entire community by supporting the economic
development created by the aforementioned uses of the Orange Bowf site.
B. The Parties agree that the development of the Projects requires the
cooperation and commitment of all of the Parties to assist in identifying funding
sources, reallocating the use of existing revenues, including T1F Revenues, and
expanding the boundaries and extending the terms of the CRAs, all as
hereinafter provided.
NOW, THEREFORE, in consideration of the foregoing, the Parties agree
as follows:
1. Recitals: The recitals are true and correct and are hereby
incorporated into and made a part of this Agreement.
2. Agreement: The Parties agree to take all action necessary to
accomplish the purposes of this Agreement, as hereinafter set forth, in a prompt
and efficient manner. The parties acknowledge that the process of expanding
the boundaries and extending the term of the OMNI and SEOPW CRAs, include
the preparation and adoption of findings of necessity for the expanded areas and
amendments to the corresponding redevelopment plans of the CRAs. The
parties agree to cooperate and act expeditiously and in good faith in
implementing the steps necessary to accomplish this purpose.
3. The OMNI CRA: The City, the County and the OMNI CRA agree
to approve and execute an amendment (the "First Amendment to OMNI CRA
Interlocal") in substantially the form attached hereto as Exhibit "A". The First
Amendment to the OMNI CRA Interlocal provides the process the City, the OMNI
CRA and the County will follow to extend the term of the OMNI CRA through
2030 and expand its boundaries to include Watson Island and Bicentennial Park.
The City, the County and the OMNI CRA agree to cooperate and act
expeditiously so as to present the finding of necessity and the amendment to the
redevelopment plan to the Board of County Commissioners within 9 months
following the execution of the First Amendment to OMNI CRA Interlocal.
The City and the OMNI CRA agree to amend the redevelopment plan to
include the projects listed below in their proposed amendment to the
redevelopment plan and to propose using the amounts received by the OMNI
CRA from the City and the County to fund those Projects required by it to fund in
the manner described below.
a. PAC (To the County for repayment of PAC Bonds and/or
loans: in furtherance of such expeditious utilization of funds for the
County's payment of debt service on the Performing Arts Center
Bonds and/or Loans, the CRA shall remit to the COUNTY (a) on
March 31, 2008 and every March 31st thereafter ending on March
31, 2012, the first $1.43 million of Increment Revenue (as such
term is defined in the First Amendment) plus an amount equal to
thirty-five percent (35%) of the amount by which the Increment
Revenue from the Omni Community Redevelopment Area exceeds
$1.43 million; and (b) commencing March 31, 2013 and every
March 31 thereafter until March 31, 2027, including any additional
time extensions beyond March 31, 2027, an amount equal to the
greater of $1.43 million or thirty-five percent (35%) of the Increment
Revenue from the Omni Community Redevelopment Area;
provided, however, the amounts to be remitted by the CRA as
calculated in accordance with subsections (a) and (b) shall not
exceed $25 million in any fiscal year. The City and County
acknowledge that these funds are necessary to provide for the City
and County contributions to the Baseball Project.
b. Port Tunnel: $88 million .(approximately) to be paid to the
City in annual installments commencing upon substantial
completion of the Port Tunnel Project through 2030. This amount
will fund the City's contribution towards the Port Tunnel project.
c. Museum Park: An amount necessary to fund $68
million for capital improvements to the park component of the
Project, to be funded by the OMNI CRA and completed by the City
by no later than January 2012, and an annual contribution to the
park's capital expenditure fund of $2 million, payable commencing
on the date of substantial completion of the park component of the
Project through 2030.
4. Tourist Development Tax (TDT) and Convention Development
Tax (CDT} funds: The Parties acknowledge that the OMNI CRA Amendment
will result in an increase in the availability of CDT and TDT revenues for projects
other than the PAC, which the parties agree to use for the Baseball Project and
the Parking/Balance of Orange Bowl Site. The City and County agree that the
implementation of the OMNI CRA Amendment will permit the County to release
additional sufficient TDT and CDT dollars so that municipal bonds may be issued
for the redevelopment of the Orange Bowl site as follows:
a. ' The Baseball Protect:
City: The City will fund $10 million from CDT
revenues.
County: The County will fund $88 million from TDT
revenues and $10 million from tourist taxes
(CDT or PST) revenues.
b. Parking/Balance of Orange Bowl Site: The City will fund
$50 million from CDT revenues.
5. The SEOPW CRA.
a. The City and the SEOPW.CRA agree to generate a Finding
of Necessity study to substantiate the expansion of the boundaries
of the SEOPW district to include the geographic area described in
Exhibit 'B" hereto. If the City and the SEOPW CRA each adopt a
resolution, supported by data and analysis, which makes a
legislative finding that the conditions in the area meet the criteria
described in Section 163.340(7) or (8), the City and the SEOPW
CRA agree to provide the County with the adopted Finding of
Necessity study and resolutions for the Board's review and
consideration, as set forth in Section 163.355, Florida Statutes.
b. After making the legislative findings and adopting the Finding
of Necessity study, the City and the SEOPW CRA agree to prepare
and consider a resolution that approves, after a public hearing, an
amendment to the Plan, which amendment shall (i) be in the form
of the Amended 2004 Southeast Overtown/Park West Community
Redevelopment Plan prepared by Dover, Kohl & Partners, but
updated to include the projects proposed for the expanded
boundaries; and (ii) extend the life of the SEOPW CRA to March
31, 2030; and (ii) expand the boundaries of the SEOPW District. tf
the City and the SEOPW CRA each adopt a resolution that
approves the amendment to the Plan and that recommends to the
County their approval of the amendment to the Plan, they agree to
provide the County with the adopted amendment for review and
consideration by the Board of County Commissioners after a public
hearing, as set forth in Section 163.361, Florida Statutes.
c. Upon receipt of the adopted Finding of Necessity and
amendment to the Plan the County agrees to review, comment,
prepare and recommend for the Board's consideration the Finding
of Necessity and amended Redevelopment Plan. The CRA shall
report such proposed modification to the boundaries of the
redevelopment area to each taxing authority in writing or by oral
presentation, or both, as required by Section 163.361(3)(a), Florida
Statutes. The City and the SEOPW CRA agree that, in accordance
with the provisions of Section 163.361, Florida Statutes, the Board
shall only consider approval of the Finding of Necessity and the
amended Plan after the SEOPW CRA has complied with the
provisions of Section 163.361(3)(a), Florida Statutes.
d. The City and the SEOPW CRA understand that the process
of reviewing the amended Redevelopment Plan will entail mutual
cooperation from the County, City and SEOPW CRA, and that
delays in the review process may delay when the Board consider
the items. The City, the SEOPW CRA and the County agree that
the approval of this Agreement by the parties does not constitute
approval of those matters in the Finding of Necessity and the
amendment to the Plan which require approval by the SEOPW
CRA, the City Commission and the Board. Therefore, the parties
agree that as a matter of theft sovereign power and legislative
authority if the SEOPW CRA, the City Commission and/or the
Board do not approve a resolution adopting the finding of necessity
and/or the amendment to the Plan, the failure to approve such
resolution or amendment to the Plan shall not be deemed an event
of default under this Agreement and the parties shall not be liable to
each other.
e. The City, the County and the SEOPW CRA agree that
commencing fiscal year .2017 and ending fiscal year 2030, the
amount of TIF Revenues collected from the projects listed in Exhibit
C budgeted annually for expenditure by the SEOPW CRA from the
SEOPW CRA trust fund shall not exceed 50% of Increment
Revenues collected from -such projects in such fiscal year and
deposited in the SEOPW CRA trust fund for such year. The City,
the County and the SEOPW CRA agree that the SEOPW CRA
shall return the balance of the Increment Revenues (45%) collected
from the projects listed in Exhibit C for such year to each taxing
authority which paid the increment in the proportion that the amount
of the payment of such taxing authority bears to the total amount
paid into the trust fund by all the taxing authorities for that year. It
is the primary intent of the City and the County that SEOPW CRA
tax increment revenues on deposit in the SEOPW Trust Fund will
be allocated by the SEOPW CRA towards the development of
affordable housing and related infrastructure in the SEOPW CRA
district.
f. The County agrees that it shall begin to make a $20 million
contribution to the City to be applied toward the funding of the
Streetcar project upon the later of (i) September 30, 2017 or (ii) the
receipt of the requisite approvals for the streetcar project by the
State of Florida and the MPO. The County's Streetcar project
contribution may be made in a lump sum or in annual installments
sufficient to issue tax—exempt municipal bonds with a debt service
coverage dictated by the market commencing on the date of
substantial completion of the streetcar project.
6. Annual Budget. The County agrees to waive any claims it may
have to approve the annual budget for the CRAs for fiscal years prior to the fiscal
year commencing October 1, 2008.
7. Waiver of Administrative Fee. The County agrees to waive the
1.5% administrative fee chargeable to the CRAs.
8. Extension of Reverter. The County agrees to place an item on
the agenda for the first meeting of the Board of County Commissioners in
January 2008, considering an extension of the reverter date of the properties
described in Exhibit "D" or a re -conveyance of said properties to the City, if the
reverter has already occurred.
9. Time of the Essence: Time is of the essence in the
performance of this Agreement.
10. Condition Subsequent: The County, the City and the Florida
Marlins, L.P. (the "Team") agree that the funding commitments to the PAC, as set
forth in this Agreement and in the First Amendment to OMNI CRA Interlocal, and
to the New Orange Bowl, as contemplated herein, shall be void unless a binding
agreement for the Baseball Project (the "Baseball Stadium Agreement") is
executed, containing the following provisions:
(i) Total Baseball Stadium cost will not exceed $515 million;
(ii) Team's contribution to the Stadium cost shall not be less than $155
million;
(iii) Team will not request more than 6,000 parking spaces at the new
Orange Bowl Site;
(iv) The Team, the City and the County shall act in good faith and will
be reasonable in negotiating the Baseball Stadium Agreement.
11. Severability: If one or more of the provisions of this agreement
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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date first above written.
Attest:
BYi
Priscilla A. Thompson, City Clerk
Approved as to Form and Correctness Approved as to lnsur- e ' - • uirements
City of Miami
Pe•"ro ndez, City Manager
r
By: By:
J • •� .L. Fernandez, City Attorn LeeAnn Brehm, Director, Risk
Management /46".°41...'
Attest:
By:
Approved as to Form and Legal
Sufficiency:
By:
County Attorney
Miami -Dade County
Southeast Overtown Park West
Community Redevelopment Agency
By E �,:,
•
Omni Community Redevelopment
Agency
Approved as to form and correctness:
By:
Jorge L. Fernandez
CRA General Counsel
JOINDER
Florida Marlins, L.P. joins in the execution of this Agreement to acknowledge its
agreement to the provisions contained in Paragraph 10.
Florida Marlins, L.P.
B
First Amendment to Interlocal Cooperation Agreement dated June 24,
1996 by and among Miami -Dade County, the City of Miami and the
Community Redevelopment Agency for the Omni District
This First Amendment to Interlocal Cooperation Agreement ("First Amendment") is
made and entered into this day of , 2007 by and among Miami -Dade
County, a political subdivision of the State of Florida (the "County"), the City of
Miami, a municipal corporation of the State of Florida (the "City") and the Community
Redevelopment Agency for the OMNI district, a public body corporate and politic (the
"CRA").
WITNESSETH
WHEREAS, pursuant to Resolution No. R-280-96 adopted by the Board of
County Commissioners of Miami -Dade County (the "Board") on March 19, 1996, the
Board approved the terms and execution of an Interlocal Cooperation Agreement by and
among the County, the City and the CRA (the "Interlocal"), which Interiocal was dated
June 24, 1996 and contained provisions for the CRA to make certain payments to the
County for the purpose of paying debt service on the Performing Arts Center Bonds; and
WHEREAS; the Interlocal obligates the CRA to pay the first $1.43 million of tax
increment fund revenues collected each year to the County for the payment of the County
Debt Service Payment, which obligation ceases when the Performing Arts Center Bonds
are no longer outstanding; and
WHEREAS, construction costs for the Performing Arts Center have escalated
and exceeded the estimated budget at the time of the original Interlocal; and
WHEREAS, the County has issued additional Performing Arts Center Bonds and
has borrowed funds pursuant to one or more loan agreements ("Loans") for the purpose
of funding such higher construction costs of the Performing Arts Center; and
WHEREAS, the County, the City, and the CRA recognize that the Performing
Arts Center has been an enormous catalyst and remains such in attracting significant
development and private investment to the City's Omni district; and
WHEREAS, the catalytic impact of the Performing Arts Center to the Omni
district has contributed to the substantial growth of the Omni district's tax roll which will
provide resources for important future projects; and
WHEREAS, the County, the City, and the CRA desire to provide additional tax
increment revenues from the CRA for the purpose of paying debt service on all
outstanding Performing Arts Center Bonds and Loans and to fund other CRA projects;
and
WHEREAS, the County, the City, and the CRA agree that the First Amendment
to the Omni Community Redevelopment Plan, as supplemented by Addendum II, was
approved by the Board on April 8, 1997; therefore, the tern of the Omni District shall
expire on September 30, 2027; and
WHEREAS, the County, the City, and the CRA acknowledge their interest and
the benefits of further extending the life and expanding the boundaries of the Omni
district to, among other things, include infrastructure, the Port Tunnel and Museum Park
projects; and
WHEREAS, the County, the City, and the CRA acknowledge that, in order to
expand the boundaries of the Omni District, it will be necessary to prepare and adopt a
finding of necessity for the expanded area and amend the Community Redevelopment
Plan for the Omni district (the "Plan"); and
WHEREAS, the County, the City and the CRA acknowledge that the steps and
corresponding period of time necessary to expand the boundary of the Omni district vary
and agree to cooperate, act expeditiously and in good faith in implementing the steps,
NOW THEREFORE, THE COUNTY, THE CITY AND THE CRA AGREE
AS FOLLOWS:
I. The recitations set forth above are true and correct and adopted as part of this
First Amendment.
II. All terms in capitalized form, unless otherwise defined in this First
Amendment, shall have the same meaning as ascribed to them in the
Interlocal.
III. The Interlocal dated June 24, 1996, attached and made a part of this First
Amendment is amended in the following respects:
A. Article II, Section C, Project Financing, Subsection 1. is amended and
restated to read as follows:
The CRA shall administer and manage the Fund as required by law and
develop and promulgate rules, regulations and criteria whereby the Fund
may be promptly and effectively administered, including the establishment
and the maintenance of books and records and adoption of procedures
whereby the COUNTY may, expeditiously and without undue delay,
utilize such funds in accordance with the COUNTY approved budget for
the Performing Arts Center, and whereby the CRA may, expeditiously and
without undue delay, utilize the funds other than those dedicated to the
County for the purpose of paying debt service on the Performing Arts
Center Bonds and/or Loans, in accordance with the COUNTY approved
budget for those ,aspects of the PROJECT not related to the Performing
Arts Center. In furtherance of such expeditious utilization of funds for the
County's payment of debt service on the Performing Arts Center Bonds
and/or Loans, the CRA shall remit to the COUNTY (a) on March 31, 2008
and every March 3151 thereafter ending on March 31, 2012, the first $1.43
million of Increment Revenue (as such term is defined in this paragraph)
plus an amount equal to thirty-five percent (35%) of the amount by which
the Increment Revenue from the Omni Community Redevelopment Area
exceeds $1.43 million; and (b) commencing March 31, 2013 and every
March 31 thereafter until March 31, 2027, an amount equal to the greater
of $1.43 million or thirty-five percent (35%) of the Increment Revenue
from the Omni Community Redevelopment Area; provided, however, the
amounts to be remitted by the CRA as calculated in accordance with
subsections (a) and (b) shall not exceed $25 million in any fiscal year.
"Increment Revenue" means all the Increment revenue (as such term is
defined in Section 163.340(22) and calculated using ninety-five percent
(95%) in the calculation pursuant to Section 163.387(1), Florida Statutes
(2006)) from the Omni District (including any expanded boundaries).
Exhibit A to this Amendment contains examples of the operation of this
clause. The amounts to be remitted by the CRA in accordance with this
Section shall be used for the purpose of paying debt service on all
Performing Arts Center Bonds and/or any Loans (the "County Debt
Service Payment"). The CRA's last payment to the County of the
amounts set forth above shall occur on March 31, 2027. The parties agree
that the term of the Omni District and the CRA shall expire on September
30, 2027 and all remaining funds on deposit in the Fund shall be remitted
to the applicable taxing authorities as provided in the Act. If the County
sells any additional Performing Arts Center Bonds or incurs any additional
Loans with regard to the Performing Arts Center, the COUNTY shall
ensure that all documentation relating to such Bonds or Loans shall limit
the liability of the CRA to the amounts due from the CRA to the County
as provided in this Agreement..
The CRA shall be annually compensated for all administrative services
rendered with respect to any and all aspects of the PROJECT subject to
availability of revenue in the Fund. Such administrative expenses payable
out of the Fund shall be capped at an amount not to exceed twenty percent
(20%) of the annual budget approved by the COUNTY.
C. Article II, Section C, Project Financing, Subsection 4. is amended and
restated to read as follows:
The CRA may issue bonds and/or incur indebtedness required to finance
the PROJECT provided such bonds and/or indebtedness is subordinate to
all Performing Arts Center Bonds and/or Loans; provided, however, such
subordinate bonds and/or indebtedness shall mature not later than
September 30, 2027. The subordination of bonds and/or indebtedness
issued by the CRA referred to in the preceding sentence shall relate to the
amount of Increment Revenue reserved for the COUNTY pursuant to the
provisions of Article II, Section C, subsection 1 above. Prior to the
issuance of any bonds or the incurrence of any indebtedness, the
COUNTY shall review and approve all related documents and agreements.
The CRA shall not withhold the payment to the County of the amount of
Increment Revenue reserved for the COUNTY pursuant to the provisions
of Article II, Section C, subsection 1 above for any reason,
notwithstanding any other activities, actions, claims, or causes of action
related to the PROJECT.
Add Article VI titled Other Provisions to read as follows:
A. Amendment to Plan.
(a) The City and the CRA agree to generate a Finding of Necessity
study to substantiate the expansion .of the boundaries of the Omni
district to include a geographic area, which will. include
Bicentennial Park and Watson Island. If the City and the CRA
each adopt a resolution, supported by data and analysis, which
makes a legislative finding that the conditions in the area meet the
criteria described in Section 163.340(7) or (8), the City and the
CRA agree to provide the County with the adopted Finding of
Necessity study and resolutions for the Board's review and
consideration, as set forth in Section 163.355, Florida Statutes.
(b) After making the legislative findings and adopting the Finding of
Necessity study, the City and the CRA agree to prepare and
consider a resolution that approves, after a public hearing, an
amendment to the Plan, which amendment shall (i) extend the life
of the CRA to March 31, 2030; and (ii) expand the boundaries of
the Omni District; and (iii) to add the Port Tunnel and the Museum
Park as projects eligible for tax increment financing. If the City
and the CRA each adopt a resolution that approves the amendment
to the Plan and that recommends to the County their approval of
the amendment to the Plan, they agree to provide the County with
the adopted amendment for review and consideration by the Board
of County Commissioners (the "Board") after a public hearing, as
set forth in Section 163.361, Florida Statutes.
(c) Upon receipt of the adopted Finding of Necessity and amendment
to the Plan the County agrees to review, comment, prepare and
recommend for the Board's consideration the Finding of Necessity
and amended Redevelopment PIan. The CRA shall report such
proposed .modification to the boundaries of the redevelopment area
to each taxing authority in writing or by oral presentation, or both,
as required by Section 163.361(3)(a), Florida Statutes. The City
and the CRA agree that, in accordance with the provisions of
Section 163.361, Florida Statutes, the Board shall only consider
approval of the Finding of Necessity and the amended Plan after
the CRA has complied with the provisions of Section
163.361(3)(a), Florida Statutes.
(d) The City and the CRA understand that the process of reviewing the
amended Redevelopment Plan will entail mutual cooperation from
the County, City and CRA, and that delays in the review process
may delay when the Board consider the items.
B. Limitations on Approvals. The City, the CRA and the County agree that
the approval of this Agreement by the parties does not constitute approval
of those matters in the Finding of Necessity and the amendment to the
Plan which require approval by the CRA, the City Commission and the
Board. Therefore, the parties agree that as a matter of their sovereign
power and legislative authority if the CRA, the City Commission and/or
the Board do not approve a resolution adopting the finding of necessity_
and/or the amendment to the PIan, the failure to approve such resolution or
amendment to the Plan shall not be deemed an event of default under this
Agreement and the parties shall not be liable to each other.
C. Annual Bodet. The County agrees to waive any claims it may have to
approve the annual budget for the Omni District for fiscal years prior to
the fiscal year commencing October 1, 2008.
D. Waiver of Administrative Fee. The County agrees to waive the 1.5°/Q
administrative fee chargeable to the Omni District.
IV. In all other respects, the Interlocal Cooperation Agreement is ratified and
confirmed.
V. In the event of any conflict between the Interlocal Agreement and this First
Amendment, the terms of the First Amendment shall control.
VI. The City, the CRA and the County agree that the CRA's funding commitment
to the County for County Debt Service Payment, as set forth in Section III, A.
of this First Amendment, shall be void unless a binding Baseball Stadium
Agreement between the County, the City and the Florida Marlins is executed,
containing the following provisions:
A. The total baseball stadium cost will not exceed $515 million;
B. The Florida Marlin's contribution to the stadium cost shall not be less than
$155 million;
C. The Florida Marlins will not request more than 6,000 parking spaces at the
new Orange Bowl site.
D. The Florida Marlins, the City and the County shall act in good faith and
will be reasonable in negotiating the aforementioned Baseball Stadium
Agreement,
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed in their names by their duly authorized officers, all as of the day and year first above
written.
City of Miami, a municipal corporation Miami -Dade County, a political subdivision
of the State of Florida of the State of State of Florida
By: By:
Pedro G. Hernandez George Burgess
City Manager City Manager
ATTEST:
By: By:
Priscilla A. Thompson,
City Clerk Deputy CIerk
Approved as to form and correctness: Approved as to form and legal sufficiency:
By: By:
Jorge L. Fernandez i
City Attorney County Attorney
Omni Redevelopment District Community
Redevelopment Agency, of the City of
Miami, a public agency and body
corporate created pursuant to
Section 163.356, Florida Statutes ("CRA")
By:
James H. Villacorta,
Executive Director
ATTEST: Approved as to form and legal sufficiency:
By: By:
Priscilla A. Thompson Jorge L. Femandez
Clerk of the Board CRA General Counsel
EXHIBIT "A" TO
First Amendment to Interlocal Cooperation Agreement dated June 24,
1996 by and among Miami -Dade County, the City of Miami and the
Community Redevelopment Agency for the Omni District
Assume:
Then:
EXAMPLE 1
i. Payment is due March 31, 2008.
ii. Increment Revenue is equal to $12,000,000.
The CRA shall remit to the County the total of:
(a) $1,430,000; plus
(b) 35% multiplied by ($12,000,000 minus $1,430,000) or 35% multiplied
by $10,570,000 (which is an amount equal to $3,699,500).
Therefore the amount the CRA shall remit to the County on March 31, 2008 is
equal to $1,430,000 plus $3,699,500 or $5,129,500.
Assume:
Then:
EXAMPLE 2
(1) Payment is due March 31, 2012.
(2) increment Revenue is equal to $15,000,000.
The CRA shall remit to the County the greater of:
(1) $1,430,000; or
(2) 35% multiplied by $15,000,000 (which is an amount equal to $5,250,000).
Therefore, the amount the CRA shall remit to the County on March 31, 2012 is
equal to $5,250,000.
EXHIBIT "B"
PROPOSED SEOPW CRA EXPANDED BOUNDARIES
[attached]
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EXHIBIT "C"
[attached]
LARGE SCALE DEV1 PMENT REPORT
SEOM
Name
Type of
Permit
Locational information
Address
Description
Cast (est)
C R.A Construction
D lit
(Y/N )
Reties
Date
Status
Permit
Date
BuddintiPermils
Permit
Number
C.O. Date
C.O.
Number
TT6t...-.:E..A.TI;1.,:1,...4%lV1,.at.,.r,,?,lf-,c,.(.,:tC.;9tfi9:);;ii4,,.-i.,r.,
:yix,,,A524dT
;,,.t114,..P.46!",.:.:'
1.1,:4t9..PI,c?4Y,AR..,,,1..5P1-004:1..7,..,.),0fd.';0',,,,z::i'',i,.,.: ....7;,•:..I!t446096:41,..3.!..:7:6:21A;,1T,05bl;e..9,122,1...ff.,.ty74;..,,:981,:,::::.47,1:9,...1:4,4.,',.,„..,.
.i,.,
.17
" . ;'P.P.'fL,59:?,‘,i,....!'.;A.:0':',..,.
I'
,..7,,5t.:96..4,.:9k,p.i,,':•::,
),„,,..:,„.
..—;. ..!?.4.2..,p
..i.*,.i..<*
aT".
• . • 1315.0+.,racwO*20i..1...iyir,cy.
..,I...101.;.,-,,,,1,-...7-fa,61,-(1, ,,,ii.ifrK.34...•
.;,,Lovip:5?,..p;:'
in. „961lA'i $4.:
99.0,D,Isidipel4m4evacck,": :.....cit,',. r.
•'!",?7,..'"Iff.t`',11"7.7.I...,.ii:'.7tysix,`,"i,'.":".1:•iv'
Ma>.ted..UsetteSIdential,wccesid,,/..-,'SI .
Pr-fttd79't leta0 g4 rifrYze. '!,'?42".'il',',.:'''.:.: .:''
.'. l'*:: :..i,SEORYI:',..:
,..'''', 6.t:"..: :''',!:47.':`:r.. ,,, ,
,i,'.3436.1,958'.7-.79V.:
"7i;.. , t.• ".
'i.- - Y,-04,i.;;":"''JAII.";,5-'
PO0503f.
.."..,.,,-.t,
4',4
4:434,'`ll':ho's..;:r ;'';:"I.;'''';%il','.; j.,...k
,.7'..7.01.*;:A%-:•.,,,'d-, ,..;:',..4.,-'0?......,..!i,,O,.',.;',.
:7,, ,',...;,:!;isEotpw;Pi,,t.,n,:,:.::
,,.'; : ...,.:: ,....,,,:=.:....,,,E,...A.,y,.1 .z
'...p.'40,241 57_0 i,ti
9,.„..i:,.._...&, , ..„,..z...:.p.. .7..,..,..:..,,,,.....,
• ii" f ' ''•
,i.
- , •: .23,-99141,3•,r,r•t ill
' '' '. ' '..'i ....7:.k ..'':'74.'"'
;V0342094:
••,:fkag..x_i
Via'Ilf.";''
'f,5..c..'",:;•g!:i:'.`,-:;:-
"
Overlowit Transit Village :,'..,,'
v'.:).1DT'..,,
601-799 NW l CouriBinetroraill ' ..,
Mixed Useloint development with . •
• SEO/PW, .:
: Exerript •
761.206.308
UNDER CONSTRUCTION '
_
- i
• •..
•
1600 Biscayne , .,..r. ,; • • ' .:? • ,
.
MUISP:"
• •
666 Biscayne Blvd; 21.5 NE 6 Street
Mixed Use: Residential & Retail
' ' • '
SEO/PW ,.
.
' 525,761,7.94 i'.
•
.
...
"
Approved
, v ". •
, .
......
i'..
Lync.Village & Lyric Oaks
MOSP
919 NW 2 Avenue .
Residuntatl condos (i, inane 59 units)
Tovathoines (oaks 4 2 Ur(S)
' SEOIPW
5,200,000
Approved
-
Maiquis (1109 Eliskriyriei.;
Boutevrd) ',I,' ,",. '
341,JSP,',"'.
I l00113iStaryaegoiuleiraid ,','' '•". v.'",. '-
-in
,
Mixed Use Residential &Retail : .... ,.,. ,
'.SEO/PW • ' ' •
,...
v•ii
' `,275960.1.40. ..
SEOPW
6 . ,,V 2771anLe5. ., t ::. ',;
—
Apiaerred
,':,,i;;..i.;. , ••".
,
L1DRB (.10-;
2kdri_Q473)1.2..6-;;
,',."',;• '
'... ,,.
v-
•
Marquit West ', ",i
, MUSP '
t27 NE it. Street , . , '
Mixed Use Residential & Retail (2 ..
SEO/PW -.. '
17.5,000,000 , .
. 23-Mar-06 .
' . ' , • .., ..
, .
. ..,.
Approved
, •,
. . .
. .
.
,
Paramount Park (700 -.,.. :".4
• '.. MUSP'
700iscity6e Blvd : - ,
Mixed Use: Residentail. Retail, Office&
SEWPW , . ,.
. 284,637,500. ,,..
2
1.263.559,434
APPROVED !
•....
,
...-:
Mixed Use.„Office & Retail ' :. i'. ',
.1. I SEOPPW. !..:,:
. 24,750,000 r.;:
2
24.750,000
APPLICATION '
Office Building
MUSP
SEOPw
27 NE 911 Street
Office Paulding
SEOIPW
. .
Crosswinds (Sawyer's Walk)
. .
. ' •:. , . '
MU
249-263 NW 6 St; 160 NW 7 Si; 112
NW 8 St; 21,8.NW 6 St. -
Mixed LiseResidentai! & Retail (4
buildings) .. ,
SEOPIW .
258.988,5n0
. .
Prelim.
.
..
. .
Miami Ana/Arena
Adventrure LLC
72i NW lst Avenue
SEOP1W
260,073,025
Fla gler Development. Co. ..
650 NW 1st Avenue
'
S EOM,'
87,237,700
Ylaglet Development Co
430 NW 1st Avenue
SEOP/W
148,209,600
5
.... _ . . ... .. ..
. — __ . _
27o.936.5D0
PRELIMINARY '
SEO/PW
7.765,024,567
...0.1;st.9.1tpfetea tikto.«,49*.7opflp
- •
Assumoduto bo completed by Domb 201.010 be isseluded in ianuari. 01 1 ivafr. FY 2012 988 500
Assumed to be completed by December 2011 to be included in January 201.2 roll for FY 2013 operations
435,520,325
Assumed to be completed by December 2012 to be encluded in January 2013 roll for FY 2014 operations
Astumed tolienoropleted by.DecesnbCr3013ici be included 10 lafluaty 2014 roll for FY 21:1115diXistiiiiiS''::
Too preliminary for inclusion
0
.015,349,294
18,000,000
Total $2,765,024,567
1 of 1
EXHIBIT "D"
PARCEL "A":
CERTAIN LOTS IN BLOCK 36 OF P.W. WHITE'S RE -SUBDIVISION:
Lots 1, 2, 3, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 22, 23, 24, 26, 27, 30, 31, 32, 33, 34,
35, 38, 39, 40, 41, 42, 43, 46,47 and 48 in Block 36 of P.W. WHITE'S RE -
SUBDIVISION, according to the Plat thereof, recorded in Plat Book 'B' at Page 34 of the
Public Records of Miami -Dade County, Florida; LESS that portion thereof lying within
the Metropolitan Dade County MetroraiI right-of-way which is described as follows:
Begin at the Southeast corner of said Block 36; thence run S 87°46'59" W, along the
South line of said Block 36, for a distance of 1.53 feet; thence run N 04°44'53" W for a
distance of 187.90 feet to a point of intersection with the arc of a circular curve concave
to the Southwest, the center of which bears S 82°00'08" W from said point of
intersection; thence run Northwesterly along the arc of said circular curve concave to the
Southwest, having a radius of 987.00 feet, through a central angle of 06°39'50", for an arc
distance of 114.79 feet to the point of intersection with the North line of said Block 36;
thence run N 87°'46' 14" E, along the North line of said Block 36, for a distance of 27.71
feet to the Northeast corner of said Block 36; thence run S 02'16'19" E, along the East
line of said Block 36, for a distance of 301.01 feet to the Point of Beginning.
PARCEL "B":
BLOCK 45N OF A.L. KNOWLTON'S MAP OF MIAMI:
Lots 1 through 12 inclusive in Block 45N of A.L. KNOWLTON'S MAP OF MIAMI
according to the Plat thereof, as recorded in Plat Book 'B' at Page 41 of Public Records
of Miami -Dade County, Florida.
PARCEL "A":
BLOCK 56N OF A.L. KNOWLTON'S MAP OF MIAMI:
Lots 1 through 12 inclusive in Block 56N of A.L. KNOWLTON'S MAP OF MIAMI
according to the Plat thereof, as recorded in Plat Book 'B' at Page 41 of Public Records
of Miami -Dade County, Florida.
ors Document GLOBAL AGREEMENT 12-18-07 as amended