Resolution 74-14410 RESOLUTION NO. 74-14410
A RESOLUTION AUTHORIZING AND DIRECTING THE
EXECUTION AND DELIVERY OF A COOPERATION
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH HOUSING AUTHORITY, AND
PROVIDING FOR THE APPROPRIATION OF FUNDS
NECESSARY AND REQUISITE THERETO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH, FLORIDA, that pursuant to the recommendation of the
City Manager, and further, pursuant to the provisions of Chapter
422 , Florida Statutes , and other applicable provisions of law,
the City Council of the City of Miami Beach, Florida, finds and
declares that it is necessary for the health and general welfare
of the City of Miami Beach and its citizens and residents that
the City of Miami Beach forthwith enter into an appropriate
Cooperation Agreement with the City of Miami Beach Housing
Authority whereby the City of Miami Beach shall be contractually
bound to said Authority to construct or reconstruct a suitable
and appropriate bulkhead or seawall for that certain parcel of
land which is the site of the Low Rent Housing Project approved
by the electorate on April 23, 1970 , the cost of such construction
or reconstruction to be eventually budgetarily allocated as a
part of the cost of the construction of the projected City of
Miami Beach Marina; and, further, that the City of Miami Beach
shall further be contractually bound to the said Authority to pay
thereto a sum of money not to exceed One Hundred Twenty-Five
Thousand and No/100 Dollars ($125,000. 00) for the purpose of
meeting any deficit which may occur in the cost of construction
of said Low Rent Housing Project, said sum to be payable to the
Authority after the issuance of a Certificate of Occupancy for
such Low Rent Housing Project; and that the City of Miami Beach
shall , and will, proceed forthwith to take all necessary action
for the immediate removal of all vehicles presently parked or
stored on said premises and to clear said site of all existing
structures thereon to permit the immediate commencement of the
construction of the said Low Rent Housing Project; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that the funds necessary for the above
kl purposes are hereby appropriated by the City Council Of the City
of Miami Beach, Florida, from such available funds in the City
Treasury as the City Manager shall designate and deem appropriate;
and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that it is understood and agreed that
in the event of litigation of any other or further litigation
involving said Low Rent Housing Project the attorneys retained by
EDA, Inc. , shall be permitted to join the City Attorney in the
participation of the defense of such litigation, said attorneys
to render their services at no expense to the City; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be and
they are hereby authorized and directed to execute and deliver,
for and in the name of the City of Miami Beach, an appropriate
Cooperation Agreement, as prepared by the City Attorney, setting
forth the matters, things, and provisions as hereinabove set forth.
PASSED and ADOPTED this 19th day of June, 1974 .
Attest: - �A
Mayor
4y Clerk
0C4,3
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT, made and entered into by and
between CITY OF MIAMI BEACH, FLORIDA, hereinafter referred to
as "City , " and THE MIAMI BEACH HOUSING AUTHORITY, hereinafter
referred to as "Authority, " this 19th day of June , 1q74 .
WITNESSETH :
WHEREAS, the City adopted Resolution No. 74-14410 on
June 19, 1974, a copy of which is attached hereto and made a
part hereof; and
WHEREAS, said Resolution authorized and directed the
City to execute and deliver this agreement setting forth the
matters , things and provisions of said Resolution ; and
WHEREAS, the parties hereto intend hereby to be bound
by this Cooperation Agreement .
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows :
1 . The foregoing recitals are true and correct .
2 . The bulkhead or sea wall for that certain parcel of
land which is the site of the Low Rent Housing Project approved
by the electorate on April 23, 1970 shall not be a requirement
of said project , but the cost of such construction or recon-
struction shall be budgetarily allocated as a part of the cost
of the construction of the proposed City of Miami Beach Marina.
3. The City hereby binds itself to the Authority to pay
thereto a sum of money not to exceed One Hundred Twenty Five
Thousand (S125 ,000 . 00 ) Dollars for the purpose of meeting any
deficit which may occur in the cost of construction of said
Low Rent Housing Project , said sum to be payable to the Author-
ity upon issuance of the Certificate of Occupancy for said
project .
4 . It is agreed and understood that the funds necessary
FORM APPROVED
- 1 - LEGAL DEPT.
for the above purposes have been appropriated by the City
Council of the City, by virtue of the attached Resolution ,
from such available funds in the City Treasury as the City
Manager shall designate and deem appropriate .
5 . The City shall forthwith take all necessary action
for the immediate removal of all vehicles presently parked or
stored on the subject premises and to clear said premises of
all existing structures thereon to permit the immediate com-
mencement of the construction of said Low Rent Housing Project .
6. In the event of litigation or any other or further
litigation involving said Low Rent Housing Project , the attor-
neys retained by the Sponsor or Sponsors thereof shall be per-
mitted to join the City Attorney in the participation of the
defense of said litigation, said attorneys to render their
{?' services at no expense to the City .
7 . By execution of this agreement , the Authority binds
itself to utilize any and all monies received by the City, as
set forth above, for the purpose of meeting any deficit which
may occur in the cost of construction of said Low Rent Housing
Project .
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written .
CITY OF MIAMI BEACH
By(7
Mayor
Attest :
(Seal)
City Clerk
THE MIAMI BEACH HOUSING AUT ORITY
By , t `'` _/A
Attest :
,400(
(Seal )
FORM APPROVED
LEGgL DEPT.
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