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HomeMy WebLinkAboutACRA 2026-09-10 Agenda PacketCity of Miami 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, September 10, 2026 10:10 AM (OR THEREAFTER) City Hall 3500 Pan American Drive Miami, FL 33133 Allapattah Redevelopment District Community Redevelopment Agency Miguel Angel Gabela, Chair, District One Damian Pardo, Board Member, District Two Rolando Escalona, Board Member, District Three Ralph "Rafael" Rosado, Board Member, District Four Christine King, Board Member, District Five Allapattah Redevelopment District CRA Meeting Agenda September 10, 2026 CALL TO ORDER APPROVING THE MINUTES OF THE FOLLOWING MEETING(S) 1. ACRA RESOLUTION(S) ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY - REGULAR MEETING - JUL 23, 2026 10:30 AM 1. ALLAPATTAH CRA RESOLUTION 19802 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), PURSUANT TO SECTION 163.01, FLORIDA STATUTES, AND PART III OF CHAPTER 163, FLORIDA STATUTES, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE CRA, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "A," DELINEATING THE RESPECTIVE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF THE CITY AND THE CRA WITH RESPECT TO THE IMPLEMENTATION OF THE CRA REDEVELOPMENT PLAN WITHIN THE REDEVELOPMENT AREA; AUTHORIZING THE CHAIRMAN AND THE EXECUTIVE DIRECTOR, OR THEIR RESPECTIVE DESIGNEES, TO EXECUTE THE INTERLOCAL AGREEMENT AND TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE; DIRECTING THE FILING OF THE INTERLOCAL AGREEMENT WITH THE CLERK OF THE CIRCUIT COURT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, PURSUANT TO SECTION 163.01(11), FLORIDA STATUTES; PROVIDING FOR THE INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE. ADJOURNMENT Allapattah Redevelopment District CRA Page 2 Printed on 9/1/2026 Allapattah CRA Board of Commissioners Meeting September 10, 2026 1.1 ALLAPATTAH COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Miguel Angel Gabela Date: August 31, 2026 File: 19802 and Members of the CRA Board From: Keith A. Carswell Interim Executive Director Allapattah CRA Subject: Approval and Authorizing Execution of the Allapattah CRA Interlocal Agreement Enclosures: 19802 Exhibit A RECOMMENDATION: It is respectfully recommended that the Allapattah Redevelopment District Community Redevelopment Agency's ("CRA's") governing board, approve and authorize the execution of the Allapattah CRA Interlocal Agreement, and recommend the Interlocal Agreement to the City of Miami Commission for review and approval. Packet Pg. 3 1.1 City of Miami Legislation Allapattah CRA Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19802 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), PURSUANT TO SECTION 163.01, FLORIDA STATUTES, AND PART III OF CHAPTER 163, FLORIDA STATUTES, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE CRA, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "A," DELINEATING THE RESPECTIVE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF THE CITY AND THE CRA WITH RESPECT TO THE IMPLEMENTATION OF THE CRA REDEVELOPMENT PLAN WITHIN THE REDEVELOPMENT AREA; AUTHORIZING THE CHAIRMAN AND THE EXECUTIVE DIRECTOR, OR THEIR RESPECTIVE DESIGNEES, TO EXECUTE THE INTERLOCAL AGREEMENT AND TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL, FOR SAID PURPOSE; DIRECTING THE FILING OF THE INTERLOCAL AGREEMENT WITH THE CLERK OF THE CIRCUIT COURT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, PURSUANT TO SECTION 163.01(11), FLORIDA STATUTES; PROVIDING FOR THE INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, codified at Part III of Chapter 163, Sections 163.330 through 163.463, Florida Statutes, as amended (the "Act"); and WHEREAS, Section 163.410 of the Act provides "In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county"; and WHEREAS, Section 163.410 of the Act, also provides, in part, "the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powers within 120 days after the receipt of all required documentation, or such request shall be deemed granted unless this period is extended by mutual consent in writing by the municipality and county"; and WHEREAS, on April 10, 2025, pursuant to Section 163.355 of the Act, the City Commission adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity ("FON") Report for the area generally bounded by the Airport Expressway on the north, the Miami River on the south, Interstate 95 on the east, and north west 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit "A" attached hereto (the "Redevelopment Area") to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency ("CRA"); and City of Miami Page 2 of 4 File ID: 19802 (Revision:) Printed On: 9/1/2026 Packet Pg. 4 1.1 WHEREAS, upon adoption the FON was transmitted to the County, pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25- 0443, which reiterated the need for the creation of the CRA by urging Miami -Dade County (the "County") to proceed with the establishment of the CRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the CRA; and WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25- 0443 to the County, pursuant to Section 163.410 of the Act; and WHEREAS, March 3, 2026, marked the 120th day following November 3, 2025; and WHEREAS, accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City's request for the County's delegation of authority to proceed with the creation and operation of the CRA was deemed granted; and WHEREAS, the City Commission declared the Redevelopment Area to be a slum or blighted area and created the CRA, a public body corporate and politic, pursuant to Sections 163.355, 163.356, and 163.357 of the Act, and declared the members of the City Commission to be the members of the board of commissioners of the CRA (the "Board"); and WHEREAS, on July 23, 2026, the City Commission, sitting as the governing body of the CRA, adopted Resolution No. R-26-0340, which, after a duly noticed public hearing and pursuant to Sections 163.346, 163.357, 163.360, 163.362, and 163.410 of the Act, approved and adopted the CRA's Redevelopment Plan (the "Plan"), accepted and incorporated the boundaries of the Redevelopment Area, directed that the boundaries and a map be filed with the City Clerk, and directed the City Clerk to transmit the Resolution and its attachments to each taxing authority; and WHEREAS, Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, authorizes public agencies of the State to enter into interlocal agreements permitting them to make the most efficient use of their respective powers by enabling them to cooperate on the basis of mutual advantage; and WHEREAS, the City and the CRA desire to enter into an Interlocal Cooperation Agreement (the "Interlocal Agreement"), in substantially the form attached and incorporated as Exhibit "A," in order to delineate their respective areas of responsibility with respect to the redevelopment of the Redevelopment Area as described in the Plan, to establish the terms upon which the City will fund the redevelopment trust fund, and to establish standards governing the CRA's administration, budgeting, procurement, reporting, and audit obligations; and WHEREAS, the Board finds that the approval of the Interlocal Agreement is in the best interests of the Redevelopment Area and is necessary to permit the CRA to commence carrying out the Plan; and WHEREAS, this Resolution is contingent upon, and shall have no force or effect until, the City Commission approves the Interlocal Agreement and authorizes its execution on behalf of the City; City of Miami Page 3 of 4 File ID: 19802 (Revision:) Printed On: 9/1/2026 Packet Pg. 5 1.1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Interlocal Cooperation Agreement between the City and the CRA, in substantially the form attached and incorporated as Exhibit "A" (the "Interlocal Agreement"), is approved. Section 3. The Chairman and the Executive Director, or their respective designees, are authorized to execute the Interlocal Agreement on behalf of the CRA, and to negotiate and execute such other documents, amendments, and instruments as may be necessary to effectuate the purposes of this Resolution, all in forms acceptable to the General Counsel to the CRA. Section 4. The Executive Director, or respective designee, is directed to cause the fully executed Interlocal Agreement, and any subsequent amendments thereto, to be filed with the Clerk of the Circuit Court in and for Miami -Dade County, Florida, as a condition of its effectiveness pursuant to Section 163.01(11), Florida Statutes, and to transmit a conformed copy to the City Clerk and to the Clerk of the Board of County Commissioners of Miami -Dade County. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED TO FORM AND LEGAL SUFFICIENCY: ge Wy j ng III, C y ttor -y 8/31/2026 City of Miami Page 4 of 4 File ID: 19802 (Revision:) Printed On: 9/1/2026 Packet Pg. 6 1.1.a INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL COOPERATION AGREEMENT (the "Interlocal Agreement" or "Agreement"), made this day of , 2026, by and between (i) the City of Miami, a municipal corporation under the laws of the State of Florida (the "City"), and (ii) the Allapattah Redevelopment District Community Redevelopment Agency, ilkpublic body corporate and politic created pursuant to Chapter 163, Florida Statutes, with the City Commission of the City of Miami designated the governing body of the CRA (the "CRA"). The City and CRA ar ometimes referred to herein individually as a "Party" and collectively as the "Parties.' WHEREAS, the Florida Legislature enacted the Community Re. - ..meat Act of 1969, presently codified at Part III of Chapter 163, Sections 163.33t ugh 163.4. orida Statutes, as amended (the "Act"); and WHEREAS, Section 163.410 o charter, the powers conferred by this part county"; and WHEREAS, Section 163.410 of the Act, also prow a in jirg2 "the governing body of the county that has adopted a home rule charter shat1 grant in whole or in part Mg-ny any request from a municipality for a delegation of powers ofchange in an existing delegation of powers within 120 days after the receipt of all required documentation, or such reque shall be deemed granted unless this period is extended by mutual consent in writing by the municipalitywand countyiyand WHEREAS, on April 10, 202ursuant toejction 163.355 of the Act, the City Commission of the City of Miami ("City Commission") adopted Resolution No. R-25-0124, which accepted and approved the Finding of Necessity ("FON") Report for the area generally bounded by the Airport Expressway on the north, the Miami River on the sout*Interstate 95 on the east, and north west 19th Avenue on the west, comprising approximately 1,661 acres, as more particularly described in Exhibit "A" attached hereto (the "Redevelopment Area") to be slum and blighted, as defined by the criteria outlined in the Act and in need of redevelopment, thereby declaring the need to establish the CRA; and WHEREAS, upon adoption, the FON was transmitted to the County, pursuant to the requirements of the Act for consideration and approval pursuant to the home rule charter; and ovides "In ounty which has adopted a home rule ised excluss v ly by the governing body of such WHEREAS, on October 23, 2025, the City Commission adopted Resolution No. R-25-0443, which reiterated the need for the creation of the CRA by urging Miami -Dade County (the "County") to proceed with the establishment of the CRA and requesting, pursuant to Section 163.410 of the Act, a delegation of powers from the County be granted to the City for the creation and operation of the CRA; and Packet Pg. 7 1.1.a WHEREAS, on November 3, 2025, the City transmitted a copy of Resolution No. R-25-0443 to the County, pursuant to Section 163.410 of the Act; and WHEREAS, March 3, 2026, marked the 120th day following November 3, 2025; and WHEREAS, accordingly, the 120-day period lapsed, thereby, pursuant to Section 163.410 of the Act, the City's request for the County's delegation of authority to proceed with the creation and operation of the CRA was deemed granted; and WHEREAS, on April 9, 2026, the City Commission, pursuant to the Act and its delegation of authority, adopted Resolution No. R-26-0161 which established the CRA and declared the need for the CRA to function within the City to carry out community redevelopment activities; and WHEREAS, on July 23, 2026, the CRA Boar of Com issioners (the "Board") adopted Resolution No. ACRA-R-26-0003, which approved a. pted Ticial redevelopment plan (the "Plan") for the Redevelopment Area; and WHEREAS, on July 23, 2026, the City approved the Plan; and nission adopted ResoTL No. R-26-0340, which WHEREAS, the City, as governing body of the CRA, shall adopt by Ordina "Fund" or "Trust Fund") pursuant to Sectio Redevelopment Area; and WHEREAS, the City and the CRA respect to the redevelopment of the 'edevelop ItEF 63.387, Florida Statutes, to fund improvements in NOW, THE ORE, in c. . eration of t the City and the CRA agr follow ARTICL LEGATION OF POWERS a trust fund (the the ate their ctive areas of responsibility with as described in Plan; miles an mutual covenants recorded herein, 1.1 Wit exception of comm redevelopment powers that continue to vest in the City, as governing b. .ursuant to theAct and it -gation of authority, the CRA shall have the right and sole responsibility t. cise the redevelopment powers provided in Section 163.370 of the Act within the Redevelopment Area; provided that the exercise of any power to appropriate funds and make expenditures shall be limited to the following activities: (1) Transit and Mobility nncements: Funding of improvements and enhancements to support transit within the Redevelopment Area, including improvements to and coordination with the Metrorail station and facilities, pedestrian connections across roadways, and other transit and mobility enhancements to support transit -oriented development. (2) Street and Sidewalk Enhancements: Funding of enhancements to the street and sidewalk network within the Redevelopment Area, including improvements to City, County, and State controlled rights -of -way. (3) Infrastructure: Funding of improvements to the water, sewer, and utilities infrastructure necessary to support redevelopment within the Redevelopment Area. Packet Pg. 8 1.1 a (4) Economic Incentives and Small Business Support: Funding of accretive economic development projects that, when fully built out, will result in increased taxable value within the Redevelopment Area, and funding of small business support programs, including small business grants, loans, technical assistance, and facade and commercial property improvements, in accordance with the Plan. (5) Community Housing: Funding to support the construction of affordable and workforce housing serving households earning between thirty percent (30%) and one hundred twenty percent (120%) of area median income and grants to preserve existing affordable housing units within the Redevelopment Area. (The activities listed above in Sections 1.1(1) through (5) are coll referred to as the "Redevelopment Activities.") 1.2 Prohibited Uses. The following powers may not be . .r or fi ve Abu by increment revenues: (a) Construction or expansion of administrate ildings for pu. .odies or police and fire ancing, or unless the construction or expansion is contemplated as p of a c7munity polic . ovation; (b) Installation, construction, reconstruction, repa or alteration of any puowned capital improvements or projects tha were scheduled to be undertaken within three (3) years of the approval of the Plan pursuant to a previously approved pubk capital improvement schedule of the County or the City, except as permitted under Section 163.387(6), Florida Statutes; and 2.1 the C constit buildings, unless each taxing authority agrees to such method (c) General governrt operig expenses unrelated anning and carrying out of the Plan. ARTICLE II THE CRA BOARD Pursuant to ecction 163.357, Florida Statu Iiiiithe , and the me �bers of the City Commiss s set forth in the ordinance creating the Sning body of the City has declared itself to be e s the members of the Board. The Board shall be , and each member of the City Commission shall be vested he rights, duties, and obligati t ns of a member of the Board as an additional duty of office. 2.2 Pursuant t section 163.357 County Commission designee, m with the same rights, duty, , and shall be considered an a Statutes. ), F1oriStatutes, one member of the County Commission, or a appointed to serve as an additional member of the Board, vested ations as any other Board members. Said membership on the Board ty of office as prescribed by section 163.357(1)(d) of the Florida ARTICLE III IMPLEMENTATION OF THE PLAN 3.1 The redevelopment powers set forth in Article I may be exercised only with respect to the Redevelopment Area and only with respect to the Plan as approved by the City Commission, together with any supplements or amendments to the Plan, provided that any amendments and supplements to the Plan must also be approved by the City Commission, as the governing body of the CRA. The Plan is approved and effective through July 23, 2056. Packet Pg. 9 1.1a 3.2 For purposes of this Interlocal Agreement, tax increment funds are such funds or revenues as defined by Section 163.387(1)(a) of the Act. 3.3 Administrative Expenses. The CRA agrees that administrative expenses of the CRA shall be capped at and shall not exceed twenty percent (20%) of its overall fiscal budget. All expense items chargeable to the administrative expense cap shall be shown as individual line items in the annual budget prepared by the CRA. 3.4 City Administration Fee. The City shall charge, and the CRA shall pay to the City no later than March 31 of each year, an annual administrative fee (the "City Administration Fee") equal to one and one-half percent (1.5%) of the City's annual payment to the Trust Fund. The Ci y Administration Fee shall include costs and expenses associated with the use of city staff, including, but not limited to, staff for the City Manager's Office, the City Attorney's Office, and the City Clerk's Office, to assist the CRA in carrying out its duties. The City Administration Fee shall not beincluded in t imit on administrative expenses defined in Section 3.3. 3.5 Allocation. Any tax increment funds remaining after funding of Econo City -Wide Impact, as described in Section 1.1(4), sh. ,l be alloced to the r Activities as follows: (a) Transit and Mobility Enhance n percent (b) Street and Sidewalk Enhancemen . nt (10% (c) Infrastructure: Thirty percent (30° (d) Economic Incentives: Ten percent (10 (e) Community Housin• • Forty p ARTICLE IV UST FUND CONTRIBUTION centives for Projects of ing Redevelopment 4.1 Th hereby agree contribut nety-five percent (95%) of the tax increment funds derived from the Redev- ,q ent Area on an annual basis to the Trust Fund. On an annual basis, the CRA shall remit to the taxing au es with jurisdiction over the Redevelopment Area, in each authority's proportionate share, an aggreg.. ount not to exceed five percent (5%) of tax increment funds received for the preceding tax year all properties within the Redevelopment Area. Such contribution levels shall comply with the ordinblishing the Trust Fund and the County's delegation of authority, if applicable. ARTICLE V COORDINATION, BUDGET, AND REPORTING 5.1 The CRA shall be responsible for implementing and conforming to the Plan, including developing and implementing proposals for indebtedness and bond financing (which shall have received the prior approval of the City Commission), acquisition, disposition and relocation activities, and the coordination and implementation of the design and construction of public improvements necessary to support the redevelopment of the Redevelopment Area, and such other projects and activities as are contemplated by the Plan. Packet Pg. 10 1.1 a 5.2 All proposals related to amendments to the Plan and proposals for indebtedness, loans, or bond financing pledging tax increment revenues shall be subject to review and approval by the City Commission No such amended plan or indebtedness shall be considered approved until the Board and the City Commission (have taken official legislative action in accordance with the Act. 5.3 After approval by the Board and the City Commission, and in accordance with state law, the annual budget and progress report shall be prepared in accordance with Section 163.387(6) and (7), Florida Statutes. The annual budget shall be adopted by the Board no later than October 15th of each fiscal year. With the exception of debt -service payments on current bond obligations financed by tax increment revenues (only if such obligations have been duly approved), no f a s on deposit in the Fund may be expended based on the new budget until the annual budget has b pted. The CRA shall include in its annual budget a description of any proposed project, grant, loan, program anticipated to be funded in that fiscal year and a section outlining the accomplishment of the p�^�r fiscal year and shall provide the City with the annual report and certified financial state - t 5.4 Should the Board and the City Commission a the Plan, such amendments and modifications sha the CRA pursuant to this Agreement shall be e able w modifications. 5.5 Sunset Coordination. Prior to the expiratiof the CRA a and adopt any amendments and modifications to ome a part of the Plan an e powers delegated to respect to amendments and Redevelopment Area, the City and the CRA shall address the methodology for disbursement of Trust F fi<. venues remaining on the sunset date to the taxing authorities, the disposition of real and personal property purchased with CRA funds, and any other issues associated with the dissolution of the CRA. In the final fiscalvar, the CRA shall not fund any new projects, grants, or initiatives in order to complete previousnded projects and provide for the proper closeout of the CRA prior to the unset. '11C: 1 LA ' O ION ,41111111 6.1 Any disposition of land by the CRA shall be accplished in accordance with Section 163.380 of the Act. ARTICLE VII PROJECT FINANCING 7.1 The City, either diro gh the CRA, shall establish and maintain the Trust Fund as required by applicable law. 7.2 The City, either directly or through the CRA, shall develop and promulgate rules, regulations, and criteria whereby the Trust Fund may be promptly and effectively administered, including the establishment and maintenance of books and records and the adoption of procedures whereby the CRA may expeditiously utilize such funds in accordance with the approved budget. 7.3 The CRA, only if approved by the City Commission as the governing body of the CRA, may sell bonds and execute notes and other forms of indebtedness, as well as collateral documents, to finance capital improvements deemed necessary for the Redevelopment Area; provided that approval as to amount, duration, and purpose of such indebtedness, and advances pledging or obligating tax increment revenues, Packet Pg. 11 1.1a must be obtained prior to issuance. The duration of any such indebtedness shall not extend past the last day of the fiscal year of the CRA's legal existence. 7.4 The City's obligation to annually appropriate to the Fund shall continue until all properly approved loans, advances, and indebtedness, if any, and interest thereon, of the CRA incurred as a result of redevelopment activities in the Redevelopment Area have been paid, or for as long as required by applicable law, whichever is later. In no year shall the City's obligation to the Fund exceed the amount of that year's tax increment as determined pursuant to the ordinance establishing the Trust Fund. On the last day of the last fiscal year of the CRA, any money remaining in the Fund after payment of expenses pursuant to Section 163.387(6) of the Act shall be treated in accordance with Section 187(7) of the Act, including being: (1) returned to each taxing authority which paid the increment in pro rtion to its payments; (2) used to reduce indebtedness to which increment revenues are pledged; (3) deposited into an escrow account to later reduce such indebtedness; or (4) appropriated to a specific redevelopment project pursuant to the Plan. ARTICLE VIII PROCUREMENT, PERSONNkL AND OTHER CITY URCES 8.1 Pursuant to Section 163.370(5) of the Act, the CRA shall procur 11 commodi d services pursuant to the same purchasing procedures and requirements that apply to theity, includin rovisions of the City Charter and any procurement ordinances_ 8.2 The City agrees to provide and designate city employees to ss staff to the CRA until such time as the CRA appoints an Executive Director and other administrative a -rical staff. 8.3 The City Attorney's Office shall serve as legal counsel for the CRACRA Board, unless the CRA selects its own gener nsel. Notwithstanding the above, the C shall have the authority to obtain special legal counsel w deems itessary. 8.4 The Cilerl Office rve as the officia todian of records and documents for the CRA, including an resolutions and or finances. The City Cler ffice shall record the official meetings of the CRA aid shall publish public as performed for the City. otices of meetings as required by law, and perform all other similar functions 8.5 The City may : n its discreti • ant the of any other City resource to the CRA upon its request. ARTICLE IX GRANT REQUIREMENTS 9.1 Recovery of Grant Fu e CRA shall include in its contracts or grant agreements a "clawback" provision requiring the CRA or the City to rescind and recover funding from any entity or contractor that does not substantially comply with its agreement. The clawback provision shall provide that the CRA shall demand repayment in writing, including recovery of penalties or liquidated damages to the extent allowed by law, as well as attorney's fees and interest, and shall authorize collection or legal action to the fullest extent allowable by law. 9.2 Community Benefits Agreement. All entities or contractors contracting with or receiving grants, property, or other consideration from the CRA for new commercial and/or residential developments within the Redevelopment Area in an amount of $2,000,000.00 or more, or such greater amount as may be Packet Pg. 12 1.1.a established by the City Commission, shall enter into a community benefits agreement with the CRA primarily benefiting the residents of the Redevelopment Area. To the extent allowed by law, such agreement shall include provisions for hiring qualified labor for the project from residents of the Redevelopment Area who are qualified but unemployed or underemployed. ARTICLE X REASONABLE OPPORTUNITY TO BE HEARD 10.1 The Board shall delegate authority to its Executive Director, or his or her designee, to oversee projects and shall set the amount of such authority. If the CRA proposes to fun4a new or rehabilitated commercial or residential project in an amount above the delegated authority, thus requiring Board approval, a duly noticed public meeting must be held at which the public has a reasonable opportunity to be heard. ARTICL AFFORDAB . USING 11.1 In the event the CRA funds a redevelopmen w i`'-ct authorized by the Plan that may displace persons (including individuals, families, business concerns, nonprofit organizations, and others) located in the Redevelopment Area, the CRA shall prepare plans for and assist in the relocation of such persons, including making any relocation payments under, the Act and applicable laws. The CRA shall make or provide for at least a "one -for -one" replacement of eaclffordable housing unit demolished pursuant to a redevelopment project, except that this requirement shall of appl. ubstandard affordable housing declared unsafe by a governmental entity and subsequently demolisheRA shall ensure that individuals and families displaced from affordable housing units have a right of first refusal tO return to comparably priced affordable housing units within the Re_ evelopment Area, provided they meet the credit standards required for the replacement unit. 11.2 To the extent the Plan has a housing component, CRA shall serve an income mix of thirty percent (30%) to one hundred twenty percent (120%) .:.. ea median income, as defined by the U.S. Department of Housing and Urban Development. Further, p nding any non -housing project authorized by the Plan, the CRA shall give priority to the rehabilitation, conservation, or redevelopment of housing serving such income, subject to co il. fiance wi . he applicable comprehensive plan. 11.3 The CRA shall include a statement in it, annual budget describing its expenditures for the provision of affordable housing in the previous year and those anticipated in upcoming fiscal years, if applicable. ARTICLE XII JECT MANAGEMENT AND AUDITS 12.1 The CRA shall develop implementation schedules and timetables, i.e., project management for all significant Redevelopment Area activities, copies of which shall be delivered to the City beginning one year from the implementation of this Agreement and shall deliver additional interim project management reports to the City upon request. The CRA shall be required to have an outside independent audit on an annual basis to monitor and investigate compliance with the terms of this Agreement, in accordance with Section 163.387(8) of the Act. The right of the auditor to investigate, monitor, inspect, copy, review, verify, and check operations and records of the CRA shall include all of its employees, consultants, agents, and Packet Pg. 13 1.1 a authorized contractors and subcontractors, as well as all administrative and operational facilities used by the CRA in connection with matters arising under this Agreement. ARTICLE XIII INDEMNIFICATION AND SOVEREIGN IMMUNITY 13.1 To the extent permitted by law, and subject to the limitations of Section 768.28, Florida Statutes, the CRA shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities from any and all liability, losses, or damages, including attorney's fees and costs of defense, which the City may incur as a result of claims, demands, suits, causes of action, or prgceedings of any kind arising out of, relating to, or resulting from the performance of this Agreement by thhCRA or its employees, agents, or subcontractors. Nothing in this Agreement shall be construe k as a waiver by either Party of sovereign immunity or of the limitations on liability set forth in Sect 68.28,,Florida Statutes. Specifically, each Party is entitled to the protections of sovereign imm t d shall_be liable to pay any claim or iiiijudgment that exceeds the statutory limits. ARTICLE XIV INSPECTOR GENERAL REVIEW AND ETHCS TRAI 14.1 The City shall have the right to retain, at its sole co the services of an indent private sector inspector general whenever the City deems it appropriate. Upon written notice from the City, the CRA shall make available all requested records and documentation for inspection and reproduction. The CRA shall additionally be subject to review by the Miami -Dade County Office of the Inspector General in accordance with Section 2-1076 of the County Code an'1 Administrative Order N-20, to the extent applicable, empowering the Inspector General to audit, investigate, monitor, over ee, inspect, and review the CRA's contracts, transactions, accounts, records, agreements, programs, anperations. 14.2 The CRA agrees to comply vdli Miami -Dade C unty's Conflict of Interest and Code of Ethics Ordinance (Section 2-11.1 of the County Code). Upo eir appointment or reappointment, all Board memb- s, all CRA advisory board members, and the per ons who staff the Board or its advisory boards shall coy'.+lete ethics training conducted by the Miami -Dade Commission on Ethics and Public Trust, and shall comp'. .th the ethics-tr g requ' ents of Section 163.367 of the Act. ARTICLE XV MISCELLANEOUS 15.1 Third -Party Bene e Parties do not intend to directly or substantially benefit any third party by this Agreement, any - are no third -party beneficiaries to this Agreement. 15.2 Construction of Agreement. All Parties have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not be construed more severely against one Party than another. 15.3 Jurisdiction. This Agreement shall be governed by the laws of the State of Florida. Venue for any litigation concerning this Agreement shall lie in Miami -Dade County, Florida. 15.4 Severance. Should any provision of this Agreement be determined to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected, and there shall be added a legal, valid, and enforceable provision as similar as possible to the affected provision. Packet Pg. 14 1.1.a 15.5 Waiver. No consent or waiver by a Party of any breach or default by the other Party shall be deemed a consent or waiver of any other breach or default. All consents and waivers must be in writing signed by the Party against whom enforcement is sought. 15.6 Amendment. This Agreement may be amended only by a written agreement signed by the City and the CRA. 15.7 Assignment. This Agreement, or any part thereof, is not assignable by the CRA without the express written consent of the City. 15.8 Filing. This Agreement shall be filed with the Clerk of the C. - uit Court of Miami -Dade County, Florida, in accordance with Section 163.01(11), Florida Statutes. 15.9 Recitals. The recitals to this Agreement are incorporated herein by reference. 15.10 Effective Date. The effective date of this Agreement shall be th executed by the City and CRA. to the Agreement is last REMAINDER OF PAGE LE ANK I NTIONA Packet Pg. 15 1.1.a 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 as of the day and year first above written. CITY OF MIAMI, FLORIDA By: James Reyes City Manager ATTEST: By: Todd B. Hannon City Clerk Approved as to form and legal sufficient By: George K. Wysong City Attorney ALLAPATTAH REDEVELOPMENT DISTRIC COMMU 1 VELOPMENT AGENCY Alk By: Chai ATTEST: By: Todd B. Hannon CRA Clerk Approved as to form and legal sufficiency: By: Hans Ottinot Special Counsel Packet Pg. 16 1.1.a EXHIBIT "A" Legal Description and Map of the Redevelopment Area START AT THE INTERSECTION OF NW 19TH AVENUE AND NW 38TH STREET/ NW 39TH STREET (ADJACENT TO AIRPORT EXPRESSWAY EAST/ 112), THEN GO EAST ON NW 39TH STREET UNTIL INTERSTATE 95, THEN GO SOUTH ON INTERSTATE 95 UNTIL NW 22ND STREET, THEN GO WEST ON NW 22ND STREET UNTIL NW 7TH AVENUE, THEN GO SOUTH ON NW 7TH AVENUE UNTIL THE MIAMI RIVER, THEN GO NORTHWEST ON THE MIAMI RIVER UNTIL NW 19TH AVENUE, THEN GO NORTH ON NW 19TH AVENUE UNTIL NW 38TH STREET/ NW 39TH STREET (STARTING POINT). ALLAPATTAH CRA START AT THE INTERSECTION OF NW 191" AVENUE AND NW 38T1-1 STREET/ NW 39" STREET (ADJACENT TO AIRPORT EXPRESSWAY EAST/112), THEN GO EAST ON NW 39°1 STREET UNTIL INTERSTATE95, THEN GO SOUTH ON INTERSTATE 95 UNTIL NW 22ND STREET, THEN GO WEST ON NW 22ND STREET UNTIL NW 7TAVENUE, TFtEN GO SOUTH ON NW 7'" AVENUE UNTILTHE MIAMI RIVER, THEN GO NORTHWEST ON THE MIAMI RIVER UNTIL NW 19" AVENUE, THEN GO NORTH ON NW 1011.. AVENUE UNTIL NW 39TH STREET( N W 39TH STREET {STARTING POINT). 0.3 d.f�mi Nf 36th 5: pig a olceaf'f} Miami Miami -Dade County, FDEP, Eer,Tornia-n.Garrr.,. ?a-eGraph, Geo Iechio!aa.es, Inc. .IETItNASR. WE... Packet Pg. 17