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2002-24890 Reso RESOLUTION NO. 2002-24890 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PASSING AND ADOPTING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY, DATED NOVEMBER 16, 1993; SAID AMENDMENT CONFIRMS THE DELEGATION OF POWERS FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI BEACH, AND IN TURN TO THE MIAMI BEACH COMMUNITY REDEVELOPMENT AGENCY, TO IMPLEMENT AMENDMENTS TO THE CITY CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA PLAN. WHEREAS, November 16, 1993, Metropolitan Dade County, a political subdivision of the State of Florida (now known as Miami-Dade County, and hereinafter referred to as the "County"), and the City of Miami Beach, a municipal corporation under the State of Florida (hereinafter referred to as the "City"), entered into an Interlocal Cooperation Agreement, a true copy of which is attached hereto and made a part hereof and referred to as Appendix I; and WHEREAS, said Interlocal Cooperation Agreement addressed and embodied that Redevelopment Plan approved by the County on March 10, 1993 by Resolution No. 317-93 (the Plan); and WHEREAS, the City has proposed and the County has approved amendments to the Plan by the adoption of City Resolution No. 2002-24885 and City Resolution No. 2002-24899 which are adopted and made a part hereof by reference and which addressed additional powers not specifically delegated in Resolution No, 317-93; and WHEREAS, the parties wish to confirm the delegation of powers from the County to the City (and in turn, to the Miami Beach Community Redevelopment Agency) to implement the amendments to the Redevelopment Plan as provided in Resolution Nos, 2002-24885 and 2002-24899 and, to that end, have agreed upon the "First Amendment to Interlocal Agreement," a true copy of which is attached hereto and made a part hereof and referred to as Appendix II. ~ NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: Section I. That the Interlocal Cooperation Agreement by and between the City of Miami Beach and Metropolitan Miami-Dade County, dated November 16, 1993, be amended to confirm the delegation of additional powers from Miami-Dade County to the City of Miami Beach and, in turn, to the Miami Beach Community Redevelopment Agency, as set forth in Appendix II. Section II. The Mayor and City Clerk are hereby authorized and directed to execute and attest to respectively the First Amendment to Interlocal Agreement (Appendix II). Section 1\1. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 19th day of June, 2002. ATTEST: --Ji1m r r ~d~ CITY CLERK APPROVED MTO FORM & LANGUAGE & FOR EXECUTION ~ 6'-II--d~ 08llt T:\AGENDA \2002\JUN1902\REGUlAR\InterlocalArnend.doc IH'l'ERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement"), made this I' day of ~~d~ , 1993, by and between Metropolitan Dade County, a political subdivision of the State =~ Florida (hereinafter referred to as the "C"unty"), and the Ci-::y of Miami ~each, a municipal corporation under the laws of the State of Florida (hereinafter referred to as the "City"). WITNESSETH : WBEREAS, by Resolution No. ~/?--c;:s adopted March 30, 1993 (the "Resolution") the County has, among other things, approved a cc=:unity redevelopment plan (the "Plan"), and has delegated certain powers conferred on the Board of County commissioners of Dade County ("Board") by Part III of Chapter 163, Florida Statutes, to implement the Plan to the city commission of the City of Miami Beach ("city commission"), all for the project area commonly called the City center/Historic Convention Village Redevelopment and Revitalization Area (hereinafter referred to as the "project"); and WHEREAS, the Board has approved the first reading of a trus,,:: fund ordinance which provides for calculation and appropriation of tax in~rement funds; and WHEREAS, the Project will take place within the corporate limits of the city; and WHEREAS, the City played the major role in the prepara"::ion of the Plan; and ,A,l?J?ENPIX I WHEREAS, the County and the City desire to delineate ..' . _ne1= areas of responsibility with respect to the redevelopment of ~he Project. NOW, THEREFORE, the Coun~y, ~h=ough ~he 3oa~d, and the CitYI through the City Commission, agree as follows: I. Exercise of Deleaated Powers and Implementation of Plan. A. The City commission, either directly or through its duly designated redevelopment agency, shall have the sole right and responsibility to exercise every power conferred upon the Board pursuant to Part III of Chapter 163, Florida statutes, as amended, except those retained in the Resolution, which have been delegated to the City Commission by the Board at its meeting on March 30, 1993; provided, however, that said powers may be exercised only with respect to the Project and only with respect to the Plan as adopted by the City Commission and approved and adopted by the Board, together with any supplements or amendments to the Plan provided that any supplements or amendments to the ?l~n must also be approved by the Board, which approval will not be unreasonably withheld or delayed. 9. No more than 20% of the funds contemplated to be expended under the plan shall be used for total administrative expenses allowable under Section 163.387(6) (a), Florida Statutes, including indirect and overhead expenses which may not exceed 6% of such =unds contemplated ~o be spent under the ?la~. II. Citv/Countv coordination. A. The County Manager shall designate a project Coordinator (the "?roject Coordinator"). The Project Coordinator ~ shall serve as the CO~r.ty's liaison to the City for the Project. The County's Project Coordinator shall carry out the day-to-day County responsibilities for the Project and shall be the designated person to receive all data and repor~s pertaining to the Plan. B. The City shall be responsible for implementing and ,conforming to the adopted Plan, including developing and ~implementing proposals for indebtedness and bond financing, acquisition, disposition and relocation activities, eminent domain activities, coordination and implementation of the design and construction of public improvements necessary to support the redevelopment of the Project, and such other projects --- G..J_ activities as are contemplated by the Plan. The City shall deliver copies of all accepted proposals for the Project to the County'-s proj=c-:: C::>ordinator. Annual budget and Project progress reports will be submitted to the County each year. The annual budget shall be subject to review and approval by the County, provided however, that any such approval will not ~e ur.reasonaD~Y withheld or delayed. At the request of the County, the City shall submit additional progress reports on the Plan and Project activities. C. Once adopted, the amendments and supplements shall become a part of the Plan and the powers previously delegated -~ ~- the City Commission shall be exercisable with respect to the amendments and supplements. All powers delegated by the Board ..." -- ~he City Co:mission shall be de2egable by the City Co~iss~on ~o, and shall be exercisable by, the Miami Beach Redevelopment Agency 3 ("MBRA") co cne extent delegaced co the ME?-A by the City Commission and further to the extent per~itted =y Part III c: Chapter 163, Flcrida Statutes, as amended. III. city Responsibilities A. ~and Dispcsitic~ 1. The City shall prepare, or cause to be prepared, land disposition guidelines and procedures for voluntary purchases in accordance with the Plan. The City shall be responsible for all land acquisition and disposition including eminent domain. The city shall advise the Project Coordinator whenever the city requires the use of eminent domain to acquire any land; however, no prior approval of the county shall be required to proceed with eminent domain or other methods of land acquisition or disposition. 2. The City shall prepare project marketinq materials and shall be responsible for advertising for developers to submit proposals. The City shall perform the function of evaluating proposals and recommending and selecting a developer according to the established Plan for the Project. 3. The City shall approve the selection of one or more developers whose proposal complies with requirements of the adopted Plan as well as with any request for proposalS approved by the city. Any disposition of land for the Project shall be 4 accomplished in accordance with applicable provisions of state law and established City guidelines. 4. The City shall conveyor lease the land ~o a developer for fair value as required by applicable law in accordance with the Plan. The City shall deposit the proceeds from the aforementioned sale or lease in an appropriate redevelopment accoun~ to be utilized in accordance with the Project budget and applicable law. The City may conveyor lease land to qualified non-profit organizations pursuan~ to City procecures. Guidelines for selection of qualified non-profit organizations must be established by the City and comply with the Plan and applicable law. B. Other Project Activities ~. The-City shall be responsible for the administration and funding of all relocation activities. The City may contract with County agencies to assist in residential relocation. 2. The City shall design and construct public improvements necessary to support the redevelopment of the Project. Such activities shall comply with applicable federal, state and County laws and regulations relating to affirmative action. 5 , 3. All redevelopment activities conducted with respec~ to t~~ p=~je=~ shall be in conformance with the Plan as the same may be amended. Any amendments to the adopted ?lan as required by Section 163.361, !lorida S~atutes, must have prior approval of the Board before the City may implement the changes contemplated by the amendments. Once approved, however, the City may implement the amendments thereto. ~ 4. The City shall use its best efforts to enter into a development agreement with a developer as to a convention center hotel project within one of the proje~ areas specified in the Plan for a convention hotel. By December 31, 1996, the City shall report to the County as to its progress with respect to the execution of such a development - agreement. If no such development agreement is signed by December 31, 1996, then the City shall have one year (i.e. by December 31, 1997) within which to enter into a development agreement with a developer or submit a Plan amendment to the County eliminating or reconfiquring the Convention Center Redevelopment areas and changing the convention center hotel element of the Plan, which amendment shall be subject to approval of the County. 6 C. Project Financing 1. The City shall establish and maintain the Redevelopment Trust Fund (the "Fund") as required ~y applicable law. Both the City and the County shall deposit annually into the Fund an amount calculated pursuant to Section 163.387, Florida Statutes, and other provisions of applicable law. 2. The City shall 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 City may, expeditiously and without undue delay, utilize such funds in accordance with the approved budget for the Project. 3. The City shall prepare and submit for County approval at the beginning of each County fiscal year the Project budget in a format approved by the County. 4. The City shall select financial and legal consultants as necessary to assist in the preparation of the tax increment financing plans. 5. The City may sell bonds and execute notes and other forms of indebtedness, as well as collateral documents, to finance the Project; however, County approval as to amount, duration and purpose of such bonds, notes or other indebtedness, including 7 advances pledging or obligating tax increment revenues, must be obtained prior to issuance of any such bond, note or other form of indebtedness including advances pledging or obligating tax increment revenues. The County's obligation to annually appropriate to the Fund shall continue until all loans, advances and indebtedness, if any, and interest thereon, of a community Redevelopment Agency incurred as a result of redevelopment in the Redevelopment Area, have been paid, or for as long as required by applicable law, whichever is later. In no year shall the County's obligation to the Fund exceed the amount of that year's tax increment as determined pursuant to Part III of Chapter 163, Florida Statutes. In any year . in which the County approriates tax increment revenues to the Fund pursuant to Section l63.3S7(3}, Florida Statutes, the City shall promptly disburse the applicable portion of said increment revenues out of the Fund back to the County if and to the extent that such increment revenues are not: pledged, Obligated or otherwise to be used for repayment of any bond, note or other form of indebtedness or obligation including aqvances pledging or obligating tax increment revenues; or pledged, obligated or otherwise to be used for payment or repayment of 8 any expenditure or obligation contemplated by any budget for the Redevelopment Area or any amendment to the Plan. D. Citizen Participation To carry out the citizen participation process, the City may utilize community groups and seek community involvement and consider citizen input in the development of Project activities. E. Project Management, Administration and Coordination The City shall consider any reasonable request of the County with respect to implementing any plan of action with respect to the Plan. The City shall develop implementation schedules and timetables for all significant Project activities as determined by ~~e City, copies of which shall be delivered to the Project Coordinator. The City shall monitor the implementation schedules and timetables and shall submit annual progress reports to the Project Coordinator beginning one year from the implementation of this Agreement. The City shall also deliver additional interim reports to the County upon request. IV. City Assurances Reqardina Affirmative Action. As part of this Agreement the City shall follow applicable federal, state and County laws and regulations concerning affirmative action and race conscious concerns in the hiring of all consultants. v. Board Approval. Any approval required by this Board as to the annual budge~, amendments to the Plan or amount, duration and purpose of bonds, 9 - notes or other indebtedness for the Redevelopment Area shall not be unreasonably withheld or delayed, shall net adversely affect any matters previously approved either in a previous annual budget or pursuan~ ~o any previously approved bond, note or other form of indebtedness pledging or obligating tax increment revenues and shall be deemed approved if not disapproved within VI . Amendments. 90 days of writ~en submission by the City. This Agreement may be amended only by a written agreement signed by the City and the County. IX wrT.HESS WHEREoF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized the day and year first above written. officers and the corporate seals to be affixed hereto, all as of 1.6 A 0" GMI3 Eft<. 1993. WIT.NEss our hands and seals on this day of ~ CITY OF MIAMI BEACH, a municipal corporation of the State of Florida By: ~~, Roge M. Carlton, City Manager ATTEST: By: ~~~ ~. ~~ City Clerk Approved as to form and legal sufficiency. ltll<o.J 0J.Ad Co..(5e I ~a ~i t~n~~' r Vl'1. ,~,*I~. ~L7 J..fw~ \ s,tt.tJ 10 METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida By: By: oep~ Clerk . . . . .... *~~ _..- Approved as to form andu---- legal sufficiency. ~~/ ~~~ County Attorney CITY OF MIAMI BEACH AGENDA ITEM SUMMARY ~ Condensed Title: A Resolution adopting an Amendment to the 1993 Interlocal Agreement with Miami-Dade County to delegate powers from Miami-Dade County to the City of Miami Beach, and in turn to the Miami Beach Redevelopment Agency, to implement amendments to the City Center Historic Convention Village Redevelopment and Revitalization Area Plan, Issue: Shall the Interlocal Agreement between the City and County be amended to incorporate recent changes to the Redevelopment Plan including community policing, business assistance and 17'" Street Master Plan elements. Item Summary/Recommendation: An Interlocal Cooperation Agreement was executed on November 16, 1993, by the County and the City which embodied the Redevelopment Plan approved by the County on March 30, 1993, and which delegated certain powers to the City Commission for the City Center/Historic Convention Village Redevelopment and Revitalization Area, Since 1993, many of the projects prescribed in the Redevelopment Plan have come to fruition. In the meantime, a natural evolution of site conditions and recent changes to the Florida Statutes have afforded the City new opportunities in redevelopment areas, Therefore, on May 29, 2002, a public hearing was held to consider adopting certain amendments to the City Center Redevelopment Plan, to include: A) developing and implementing community policing innovations within the City Center Historic Convention Village district as provided for in sections 163,340, 163,350, 163,356, 163.360, 163.361, and 163,370. Florida Statutes; and B) participating in the Miami Beach Business Assistance Program for the purpose of business recruitment within the Redevelopment Area, to the extent legally permissible under Chapter 163 Florida Statutes and to the extent that funding is available, Also, on today's date the City Commission will additionally consider an amendment to incorporate by reference the Preliminary Proposed Master Plan for the 17'" Street Surface Lots prepared by Zyscovich, Inc" dated September 21, 2001, As such, the Interlocal Cooperation Agreement between the County and the City must be amended to confirm the delegation of powers from the County to the City, and in turn to the Miami Beach Redevelopment Agency , to implement amendments to the Redevelopment Plan which will reflect updated conditions in the area, The Administration recommends that the Mayor and City Commission pass and adopt a resolution accepting the proposed Amendment to the Interlocal Cooperation Agreement executed on November 16, 1993, by the County and the City, which will confirm the delegation of powers from Miami-Dade County to the City of Miami Beach, and in tum to the Miami Beach Redevelopment Agency, to implement amendments to the City Center Historic Convention Village Redevelopment and Revitalization Area Plan, Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: D Source of Funds: \\CH2\VOL 1 \CMGRIAGENDA\2002\JUN1902\REGULAR\INTERLOCALAMENDSUMMARY,DOC AGENDA ITEM a 1 r DATE ,,-/q-(}? CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\ci. miami-beach. f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M, Gonzalez ~ City Manager ~ L Date: June 19, 2002 To: Subject: A RESOLUTION OF THE MAYOR AND CI OM MISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PASSING AND ADOPTING AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY, DATED NOVEMBER 16, 1993; SAID AMENDMENT CONFIRMS THE DELEGATION OF POWERS FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI BEACH, AND IN TURN TO THE MIAMI BEACH REDEVELOPMENT AGENCY, TO IMPLEMENT AMENDMENTS TO THE CITY CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA PLAN. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS An Interlocal Cooperation Agreement was executed on November 16, 1993, by the County and the City which embodied the Redevelopment Plan approved by the County on March 30, 1993, and which delegated certain powers to the City Commission for the City Center/Historic Convention Village Redevelopment and Revitalization Area. Since 1993, many of the projects prescribed in the Redevelopment Plan have come to fruition, In the meantime, a natural evolution of site conditions and recent changes to the Florida Statutes have afforded the City new opportunities in redevelopment areas. Therefore, on May 29, 2002, a public hearing was held to consider adopting certain amendments to the City Center Redevelopment Plan, to include: A) developing and implementing community policing innovations within the City Center Historic Convention Village district as provided for in sections 163.340, 163.350, 163.356, 163,360, 163.361, and 163.370, Florida Statutes; and B) participating in the Miami Beach Business Assistance Program for the purpose of business recruitment within the Redevelopment Area, to the extent legally permissible under Chapter 163 Florida Statutes and to the extent that funding is available, Also, on today's date the City Commission will additionally consider an amendment to incorporate by reference the Preliminary Proposed Master Plan for the 17th Street Surface Lots prepared by Zyscovich, Inc" dated September 21,2001. Commission Memorandum Amendment to Interlocal Agreement June 19,2002 Page 2 of2 As such, the Interlocal Cooperation Agreement between the County and the City must be amended to confirm the delegation of powers from the County to the City, and in turn to the Miami Beach Redevelopment Agency, to implement said amendments to the Redevelopment Plan which will reflect updated conditions in the area. JMG/CMC/kob T:\AGENDA\2002\JUN1902\REGULARIINTERLOCALAMENDMEMO.DOC . DRAFT First Amendment to Interlocal Agreement This Amendment made and entered into this _ day of , 2002 by and between Metropolitan Miami-Dade County (County) and the City of Miami Beach (City) WITNESSETH: WHEREAS, the parties on November 16, 1993 entered into an Interlocal Cooperation Agreement, a true copy whereof being attached hereto and made a part of this instrument; and WHEREAS, said Interlocal Cooperation Agreement addressed and embodied that Redevelopment Plan approved by the County on March 10, 1993 by Resolution No. 317-93 (the Plan); and WHEREAS, the City has proposed and the County has approved amendments to the Plan by the adoption of Resolution No. attached hereto and made a part hereof which addressed additional powers not specifically delegated in Resolution No. 317-93; and WHEREAS, the parties wish to confirm the delegation of powers from the County to the City (and in turn, to the Miami Beach Community Redevelopment Agency) to implement the amendments to the Redevelopment Plan as provided in Resolution No. NOW, THEREFORE, THE COUNTY AND THE CITY agree as follows: 1. The recitations set forth above are true and correct and adopted as part of this Amendment. n. The Interlocal Cooperation Agreement of November 16, 1993 attached and made a part hereof is hereby amended in the following respects: A. Section 1.A. is amended to read as follows: 1. Exercise of Delegated Powers and Implementation of Plan. A. The City Commission, either directly or through its duly designated redevelopment agency, shall have the sole right and responsibility to exercise every power conferred upon the Board pursuant to part ill of Chapter 163, Florida Statutes, as amended, which have been delegated to the City Commission by the Board at its meetings on March 30, 1993 and June _,2002, and are specifically enumerated in Resolutions numbered R317-93 and , respectively. provided, however, that said powers may be exercised only with respect to the Project and only with APPENDIX II - respect to the Plan as amended and adopted by the City Commission and approved and adopted by the Board, together with any supplements or amendments to the Plan provided that any supplements or amendments to the Plan must also be approved by the Board, which approval will not be unreasonably withheld or delayed. Any power not specifically delegated by the Board to the City Commission shall be reserved exclusively to the Board. III. In all other respects, the Interlocal Cooperation Agreement is ratified and confirmed. 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 herto, all as of the day and year first above written. WITNESS our hands and seals on this _ day of ,2002. CITY OF MIAMI BEACH, a muncipal corporation of the State of Florida METROPOLITAN MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: By: Jorge M. Gonzalez, City Manager Steven Shiver, County Manager ATTEST: By: By: City Clerk Deputy Clerk APPROVED AS TO FORM & LANGUAGE AND FOR EXECUTION APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney Date County Attorney f:\A.TT{)I[llIBMI,\O~AMD