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County Memorandum Approving Amendment to CMB Center/Historic Convention Village Redevelopment Plan OFFICE FILE COPY CLERK OF THE 13O or coricry CO ssao RS ECO a FLORA MEMORANDUM Amended Agenda Item No. 5(M) TO: Honorable Chairwoman Rebeca Sosa DATE: December 16, 2014 and Members,Board of County Commissioners FROM: R. A. Cuevas, Jr. SUBJECT: Resolution approving County Attorney amendment to Miami Beach City Center/Historic Convention Village Redevelopment and Revitalization Area Plan; approving terms of and authorizing execution by County Mayor of Third Amendment between Miami-Dade County, City of Miami Beach, and Miami Beach Redevelopment Agency to Interlocal Cooperation Agreement and amended and restated Interlocal Cooperation Agreement between Miami-Dade County and City of Miami Beach regarding Convention Development Tax, subject to satisfaction of certain conditions Resolution No. R-1110-14 The accompanying resolution was prepared by the Office of Management and Budget Department and placed on the agenda at the request of Prime Sponsor Commissioner Bruno A. Barreiro. R. A. Cuev , Jr. County Attorney RAC/cp 1 MIAMI•DADE Memorandum OUNVI Date: December 16, 2014 To: Honorable Chairwoman Rebeca S• and Members, Board of Count. • missioneid From; Carlos A. Girnenez �' 93.10r Mayor Subject: City of Miami Beach Agreements and Citenter Community Redevelopment Agency Plan Amendment Recommendation It is recommended that the Board approve the accompanying resolution,which accomplishes the following: • Approves an amendment to the Redevelopment Plan for the Miami Beach City Center/Historic Convention Village Redevelopment and Revitalization Area (City Center Agency) that extends the life of the City Center Agency to March 31, 2044; • Approves the Third Amendment to the Interlocal Cooperation Agreement between the County, the City of Miami Beach (City), and the City Center Agency to, among other things, pay for debt issuances, and certain operating expenses; • Approves an Amended and Restated Interlocal Cooperation Agreement between Miami-Dade County and the City regarding Convention Development Tax (CDT) and payments associated with the South Pointe area; • Authorizes the County Mayor to execute all agreements, subject to satisfaction of certain conditions; and • Authorizes the issuance of tax increment revenue bonds in one or more series by the City Centre Agency In an amount not to exceed $430,000,000 for purposes of refunding current outstanding debt, funding eligible community redevelopment project costs, including the Miami Beach Convention Center (Convention Center) renovation, and any reserves and costs of issuance. Scope The projects and activities funded by this agreement are In District 5, which is represented by Commissioner Bruno A. Barreiro. However, payment of tax increment financing re venues 'to municipal community redevelopment agencies is made from the Countywide General Fund and the Convention Center is a regional asset, Therefore this item has countywide impact. Fiscal Impact/Funding Source The recommended actions of the Board would Increase County funding from CDT, as well as incremental tax financing revenues, to the City Center Agency from the Countywide General Fund. Total payments made from the Countywide General Fund associated with the South Pointe area would not change. The adjustments are further detailed in the Background Section of this cover memorandum. In summary, based on current assumptions regarding property tax roll growth, debt issuance costs, the construction of a Convention Center headquarters hotel, eligible project costs, and City Center Agency operational costs, an additional $754.5 million of tax increment financing revenue through FY 2043-44 and up to $154 million of CDT will be paid from the County to the City through 2048. Those estimates are $220 million less than originally proffered by the City when negotiations began. The Convention Center renovation is estimated at$591 million. The County will provide approximately $121 million through the City Center Agency and $53.6 million in Building Better Communities General Obligation Bond proceeds, comprising approximately 30 percent of the total project cost. 2 Honorable Chairwoman Rebeca Sosa - and Members, Board of County Commissioners Page 2 - Track Record!Monitor These agreements will be monitored by the Office of Management and Budget. Jorge M. Fernandez, Director of Community Redevelopment, monitors the City Center Agency and Anita Gibboney, Capital Coordinator, monitors the County's CDT. Background Earlier this year, the City approached my administration with a proposal to extend the life of City Center Agency to support the planned renovations to the Convention Center. The Convention Center is to be renovated and upgraded to"Class Am standards in a manner that best meets the needs of the target market. In general, the renovation is to include all exhibit, meeting rooms, pre-function and support spaces such as loading docks, kitchens, bathrooms, systems, and exterior areas. in addition,the Convention Center is to be expanded to accommodate a new ballroom, junior ballroom and meeting space. The project includes approximately 900 on-site parking spaces, as well as improvements to the immediate surrounding area. The exterior improvements include a new Convention Center Park and the restoration of the historic Carl Fisher Clubhouse. The economic impact of the project is estimated to be approximately$2.5 billion over 30 years. This includes over $600 million in public construction spending, $32 million annual incremental impact from events, and $4 million in annual Incremental restaurant and retail spending. The direct, indirect, and Induced jobs supported by the Convention Center construction spending is estimated at 5,000 total new jobs. Once completed, 1,600 full-time direct, Indirect and induced jobs, will be support by the ongoing spending of convention district guests. As the Board is aware, the Building Better Communities General Obligation Bond Program included $55 million to support the Convention Center. However, to fully fund the necessary improvements described above, the City proposed additional support for the Convention Center and other projects in the area covered by the City Center Agency, as well as an increase to the annual$4.5 million subsidy from CDT for Convention Center operations and maintenance. As detailed in Attachment 1, the City is proceeding with $627.4 million in projects; including $591 million in improvements to the Convention Center and $36 million of other complementary projects in the City Center. The County will provide approximately $121 million through the portion of the $247 million City Center Agency contribution generated by the County's Incremental revenue and $53.6 million in Building Better Communities General Obligation Bond proceeds, comprising 30 percent of the total project cost During the FY 2014-15 Proposed Budget development process, l tasked my staff with isolating costs that were outside of the core County functions. A payment required through a prior agreement with the City related to projects In the South Pointe area was identified. This agreement required that payments to the City continue to be made subsequent to the sunset of the South Pointe Community Redevelopment Agency In 2005. As of the end of FY 2013-14, the remaining payments based on projected property tax roll growth were estimated to total $85.1 million through FY 2020-21. These payments were structured in such a way that earlier years required higher payments, with the obligation tapering off through the end of the payment schedule. In order to help mitigate a portion of the budget gap, 1 approached the City leadership and requested the payment for FY 201415 be forgiven. Negotiations regarding the City's requests related to the Convention Center and County's request related to the South Pointe area payment ensued. Other mutually beneficial issues were raised, including the City's need for funding for sea level rise mitigation, continued funding of beach maintenance, operations of local bus and trolley routes, and the construction of a transit corridor finking downtown Miami to'the Convention Center. After several meetings, a Memorandum of Intent(MOD was drafted. This MOl lays out proposals that my counterpart at the City, Mayor Philip Levine, and l agreed to present to our respective Boards. The MOI outlines: • An amendment to the interlocal agreement between the City and the County governing the payments related to the South Pointe Area projects and Resort Tax and CDT projects to change the payment schedule to be more in line with available revenues and release the limitations regarding the use of accumulated revenues by the City to allow for investment in sea level rise mitigation projects, as well as other City needs; 3 Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page 3 • An amendment to the interlocal agreement between the City and the County governing the payment of CDT to support the Convention Center to allow for additional funding to be provided in the event a Convention Center hotel is constructed. These payments will be subordinate to existing CDT funding obligations; • An amendment to the interlocal agreement between the City and the County governing the payment of a new CDT subsidy to support on-going operating and maintenance support for the Convention Center once the City Center Agency expires or when sufficient excess funds are available from CDT, whichever occurs earlier; . • An extension of the County's (and other taxing authorities')obligation to appropriate funds to the City Center Agency through FY 2043-44, to support an investment in the Convention Center renovation and the required issuance of debt use of tax increment revenue to support on-going operating and maintenance support for the Convention Center for the life of the City Center Agency; and a return of a portion of the excess incremental revenue to the County; • Future discussions regarding the potential transfer of the responsibility for maintenance of city beaches from the County to the City in exchange for the transfer of the provision of local bus circulator services from the County to the City and approval to operate trolleys; • Potential discussions regarding future support for a transit connection between Miami Beach and downtown Miami (although the MOI referenced the ability to utilize available CDT for operating and maintenance costs of the connection, that is not currently an eligible use of CDT and instead future discussions would analyze the opportunity to utilize available CDT for acquisition and construction, which are legally allowable uses of CDT per statute). Mayor Philip Levine presented this MO1 to the City Commission at a special meeting held on June 27, 2014 and earned the support of the City Commission for these elements when implemented together. The FY 2014-15 Adopted Budget included the revised payments to the City pursuant-to this MOl. The savings negotiated for FY 2014-15 has been used in its entirety to fund sworn positions originally slated to be eliminated in the Miami-Dade Police Department. This revised payment schedule was used in calculating the Five-Year Forecast included in the Proposed Budget, which shows a balanced forecast for the five-year period for the first time in a decade. Attachment 1 .illustrates the impact to the various cash flows between the City and the County. The negotiated modifications have a positive impact on the County's budget in this fiscal year and next. in FY 2014-15,this allowed the County to preserve roughly half of the more than 400 police officers identified for reduction. While the balance of these payments were moved into future years, the total payments remain the same and these payments have been Included in our Five-Year Forecast and will not require additional layoffs or tax rate increases in the future. Outside of this five year window, our negotiations yielded substantial benefit from what had originally been proffered by the City. Furthermore, the elements of this intent document include further discussions regarding issues that could be mutually beneficial to the City and the County in the future. The resolution before the Board approves: 1) an amendment to the City Center Agency Redevelopment Plan to extend the life of the City Center Agency through FY 2043--44. 2) a Third Amendment to the Interlocal Cooperation Agreement between the County, City and the City Center Agency, and 3) an amended and restated CDT interlocal Cooperation Agreement between the County and City regarding the CDT and the South Pointe area payments. Additionally, this resolution authorizes the issuance of up to $430 million by the City Center Agency to fund eligible projects Including the Convention Center renovation. The following is a breakdown on the specifics of each agreement Third Amendment to the City Center Agencylnterlocal Agreement • Requires County approval of the annual budget, however the City will still have the ability to expend funds prior to County approval; • Allows for the Commissioner of District 5 to sit as a City Center Agency board member • Allows the refinancing of existing debt of approximately$60 million; 4 • Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page 4 • Allows for the issuance of new bonds of approximately $350 million to fund $275 million in Convention Center renovations and$36 million in ancillary projects; • • Provides yearly Convention Center operating and maintenance funding of $1 million starting in FY 2017-18, escalating by$750,000 each year until reaching $4 million then adjusted by the Consumer Price Index; • Exempts the Children's Trust once the prior debt has been refinanced, as the Children's Trust was previously required to pay into the Trust Fund; • Limits the operating expenses to administration, community policing and capital project maintenance as specified in FY 2013-14 budget, as these expenses will escalate by the Consumer Price Index in future years; • Establishes that, from FY 2014-15 through FY 2021-22, any funding not used for debt service and operating expenses will go into a fund to be used for shortfalls and eventually prepayment of debt, • Establishes that, from FY 2022-23 until FY 2043-44, the County will receive a refund of City Center Agency operating expenses based on its proportion of revenues contributed to the Trust Fund;and • Any remaining funding will be used to retire debt early. Convention Development Tax Amended and.Restated Agreement • The payments for the South Pointe Area will be completely deferred in FY 2014-15 and partially • . deferred FY 2015-16 and FY 2016-17. Future payments will include the deferred amounts and payments made based on calculations in the current agreement. The restrictions on the City's use of the funds has been deleted, therefore the City will be permitted to use the funding for sea level rise mitigation or other projects in the City; + Assumes additional Convention Center operations and maintenance subsidy beginning In 2026 or once the City Center Agency sunsets or there is sufficient revenue to provide the payment before it sunsets; • • Includes$1.5 million per year if a convention_center hotel consisting of 800 rooms is built; and • Extends the life of the agreement until 2048, which coincides with the last debt service payment being made on current debt. A separate ordinance approved on first reading at the October 21, 2014 Board meeting (Legistar 142262) will allow the County to continue contributing to the City Center Agency Trust Fund through FY 2043.44. In the coming months, staff of both the County and the City will be discussing the potential for transferring responsibility for funding beach maintenance from the County to the City, as well as opportunities for the City to operate local bus and trolley service with connections to County routes to the mainland. As agreements are reached regarding these — and potentially other mutually beneficial partnerships between the parties—appropriate action items will be presented to the Board for your consideration. Edward Marquez Deputy Mayor Attachment 1 —Convention Center and Capital Improvements Attachment 2—Comparative Cash Flows Exhibit A—MBRDA Redevelopment Plan Amendment Exhibit B—Third Amendment to the MBRDA Interlocal Agreement Exhibit C—CDT Agreement Amendment and Restatement Exhibit D—Agency Projects Exhibit E-City and MBRDA Resolutions MAYOR 00315 5 ......4..'t., ......4.t....�— - .. -I:ti..� t......_.._`.. -.-•.i.t....t.:.... ,'.�.. -.•N`•..•h�.1.•.-r:- .�•u va�.r.M�:•�tr.4:rw.l.awnr.�a w. t.Lw•�n4-..,.r......�.�WU .t - CO it, O in xrc 0 0 O c O �? ,r + , co 0 (0 CD of en () N .—w 0 ' • $ +. 0: fl �-•+ "Q to Q,• rn 49 -, a • 0 : , qz 0.4 . El. 2 2 ':::11.'.C.... 4 8,:,)--03 -v ri-fr 1-. 41 i d '[7 U M 4. F. U d [mod ' 0 8 U 997 5 -p Cam- O t Q O a •E = v O . C X Q` Q 0 ' r . E of w 1d .d E O O '� - 0 a O OC O .,...:....;:i',....i (9. 'o C -o a d To 8 E ,.,.. 5 . < t+ c� - o - -Zv II El .3 f 4 . • GI �..':: 18 ` c_ ° a w : .; E. c 6. 8g ar° > t 0 I ID} - • � — >.2 . 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Apr t(N�� �.O.t{ r i�py]� .� rtfpo� p�tnpn 1 0 •i �o- v, .'1 N 4 S O N ty SY tY 13 c'fit g M N A A ° ° m toy tAA A r. o 7 • DA7.'COII tTy MEMORANDUM (Revised) TO: Honorable Chairwoman Rebeca Sosa DATE: December 16, 2014 and Members,Board of County Commissioners (fics,1Hor Amended • FROM: R.A. Cu- as, Jr. SUBJECT: Agenda Item No. 5(M) County Attorney Please note any items checked. 9-Day Rule"for committees applicable if raised. 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's . report for public hearing No committee review Applicable legislation requires more than a majority vote(i.e.,213's 3/5's ,unanimous )to approve Current information regarding funding source,index code and available balance,and available capacity(if debt is contemplated) required • - i 8 Amended Approved Mayor Agenda Item No. 5(M) _ Veto 12-16-14 Override RESOLUTION NO. R=1110-14 RESOLUTION APPROVING AMENDMENT TO MIAMI BEACH CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA PLAN; APPROVING THIRD AMENDMENT BETWEEN MIAMI-DADE COUNTY, CITY OF MIAMI BEACH, AND MIAMI BEACH REDEVELOPMENT AGENCY TO INTERLOCAL COOPERATION AGREEMENT DATED NOVEMBER 16, 1993 AND AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BEACH REGARDING CONVENTION DEVELOPMENT TAX, AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE SUCH AGREEMENTS SUBJECT TO SATISFACTION OF CERTAIN CONDITIONS; WAIVING REQUIREMENTS OF SECTION 3 OF RESOLUTION NO. R-871- 11 RELATING TO THE BOARD OF COUNTY COMMISSIONERS' PRIOR APPROVAL OF THE REDEVELOPMENT AGENCY'S BUDGET; AUTHORIZING ISSUANCE OF TAX INCREMENT REVENUE BONDS IN ONE OR MORE SERIES IN AN AMOUNT NOT TO EXCEED $430,000,000.00 FOR . PURPOSES OF REFUNDING OUTSTANDING TAX INCREMENT REVENUE BONDS TAXABLE SERIES 1998A, TAXABLE SERIES 2005A, AND SERIES 2005B, FUNDING ELIGIBLE COMMUNITY REDEVELOPMENT PROJECT COSTS AND ANY NECESSARY RESERVES, AND PAYING COSTS OF ISSUANCE, PROVIDED CERTAIN CONDITIONS ARE SATISFIED; AND APPROVING PROJECTS FOR FINANCING FROM PROCEEDS OF TAX INCREMENT REVENUE BONDS WHEREAS, the Legislature of. the State of Florida enacted the Community Redevelopment Act of 1969, which is presently codified in Part III of Chapter 163, Florida Statutes (the"Act"); and WHEREAS, pursuant to the Act, a redevelopment plan must be adopted by the governing body to initiate redevelopment activities within the redevelopment area; and WHEREAS, all powers arising through the Act are conferred upon counties with home rule charters; and 9 Amended 5(M) Agenda Item No. Page 2 WHEREAS, on January 26, 1993, the Board of Miami-Dade County Commissioners (the `Board") adopted Resolution No. R-14-93, which among other things (i) found the area in the City of Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24th Street, on the West by West Avenue, and on the South by 14th Lane (the "Redevelopment Area") to be a "blighted area" within the meaning of Part III of Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida Statutes, the power to (a) make findings and determine the Redevelopment Area to be a slum and/or blighted area, (b) make findings of necessity as to the rehabilitation, conservation, and/or redevelopment of the Redevelopment Area, (c) create a community redevelopment agency and delegate powers to the agency, or declare itself as the agency with the power to exercise such powers assigned to the agency, and (d) initiate, prepare and adopt a plan of redevelopment and any amendments thereto, subject to the review and approval of the Board; and WHEREAS, on February 3, 1993, the City adopted Resolution No. 93-20709 which established a community redevelopment agency (the "Miami Beach Redevelopment Agency" or the "Agency"), and declared the members of the City of Miami Beach Commission as the members of the Agency; and WHEREAS, on March 30, 1993, the Board adopted Resolution No. R-317-93, which among other things (i) adopted the Agency's City Center/Historic Convention Village Redevelopment and Revitalization Area plan (the "Plan"), for the redevelopment and revitalization of the Redevelopment Area, and (ii) approved the Interlocal Cooperation Agreement, between Miami-Dade County (the "County") and the City, dated and executed on November 16, 1993 (the"CRA Interlocal Agreement"); and 10 Amended Agenda Item No. 5(M) Page 3 WHEREAS, on April 27, 1993,the Board enacted Ordinance No. 93-28, which created a City Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the "Trust Fund"),and provided a funding mechanism for implementing the Plan; and WHEREAS, on June 20, 1996, the Board adopted Resolution No. R-730-96, which approved the Interlocal Cooperation Agreement with the City pertaining to the use of convention development tax("CDT")revenues (the"CDT Interlocal"); and WHEREAS, on April 26, 2001, the Board adopted Resolution No. R-453-01, which approved Amendment One to the CDT Interlocal, to provide for different allocations of convention development tax revenues to the City in the event that either an agreement is reached with the Florida Marlins with respect to a baseball stadium,or no such agreement is reached; and WHEREAS, on September 9, 2003, the Board adopted Resolution No. R-889-03, which approved a First Amendment to the CRA Interlocal Agreement ("First Amendment to CRA Inter-local"), whereby the Board delegated to the City the power to implement community policing innovations within the Redevelopment Area; and WHEREAS, on March 16, 2004, the Board adopted Resolution No. R-375-04, which approved a Second Amendment to the CDT Interlocal to address certain issues regarding the CDT revenues; and WHEREAS, on July 27, 2004, the Board adopted Resolution No. R-958-04, which approved a Second Amendment to the CRA Interlocal Agreement, whereby (i) the County, City, and Agency agreed that the Agency would remit one and one-half percent (1.5%) of the tax increment revenue paid to the Agency for said fiscal year to the County to defray administrative costs for oversight and processing Agency related items, after debt service and all other obligations related to the bonds or future indebtedness issued by the Agency and approved by the County was satisfied for the fiscal year, and (ii) the County approved the Agency's issuance of 11 Amended Agenda Item No. 5(M) Page 4 refunding bonds in an amount not to exceed a principal amount of$101,090,000.00, to refinance all or a portion of the outstanding principal amount of bonds issued with respect to the Redevelopment Area; and WHEREAS, the City and Agency have prepared an amendment to the Plan, which is in substantially the form attached to and incorporated by reference in this resolution as Exhibit A, to address the slum and blight conditions within the Redevelopment Area boundaries (the "Plan Amendment"); and WHEREAS, the Plan Amendment (1) modifies the scope of the Miami Beach Convention Center project (the "Convention Center Project") to include all necessary renovations to and expansion of the Convention Center; (2) incorporates the financing of, including the funding of operating and maintenance costs of, the Convention Center Project; and (3) extends the time certain for completing all redevelopment projects financed by increment revenues to a date no later than March 31,2044; and WHEREAS, the City and the Agency have adopted Resolution Nos. 2014-28835 and 607-2014, respectively, which (i) approve the Plan Amendment, and (ii) pursuant to Section 163.361(1),Florida Statutes,recommend the Board approve the Plan Amendment; and WHEREAS, the City and the Agency have adopted Resolution Nos. 2014-28835 and 607-2014,respectively, which(i) approve a Third Amendment to the CRA Interlocal Agreement (the "Third Amendment"), which is in substantially the form attached to and incorporated by reference in this resolution as Exhibit B; and WHEREAS, the Third Amendment provides the structure to finance or refinance (i) the redevelopment activities to be undertaken pursuant to the Plan Amendment, and (ii) includes certain ancillary capital projects previously approved in the Plan(the"Other Projects"); and 12 Amended Agenda Item No. 5(M) Page 5 WHEREAS, the City and the Agency request that this Board approve the Third Amendment;and WHEREAS, the City has adopted Resolution No. 2014-28836, which approves an Amended and Restated CDT Interlocal (the "Amended and Restated CDT Interlocal"), which is in substantially the form attached to and incorporated by reference in this resolution as Exhibit C; and WHEREAS, the Agency intends to incur debt in an amount not to exceed $430,000,000.00, secured by tax increment revenues of the Agency, and maturing not later than March 31, 2044, in one or more series, without regard to years of issuance (the "2015 Bonds"), to fund a portion of the design, development and construction of the Convention Center Project and Other Projects (collectively the "Agency Projects") as set forth and incorporated by reference in this resolution as Exhibit D; and WHEREAS, the City intends to delegate the authority to the Agency to issue and sell bonds with respect to the 2015 Bonds in an amount not to exceed $430,000,000.00 secured solely by a pledge of legally available tax increment revenues of the Agency for the purposes of refunding the outstanding Tax Increment Revenue Bonds, Taxable Series 1998A, Taxable Series 2005A and Series 2005B (collectively, the "Outstanding Bonds") and funding the Agency Projects; and WHEREAS, it is necessary and desirable and in the best interests of the citizens of the County and in particular, the Redevelopment Area, that this Board approves the issuance by the Agency from time to time, of its 2015 Bonds, in one or more series, pursuant to the Third Amendment and the provisions of Part III of Chapter 163, Florida Statutes, Chapter 125, Florida Statutes, and other applicable provisions of law, 13 Amended Agenda Item No. 5(M) Page 6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that: Section 1. The foregoing recitations are incorporated in the body of this resolution by reference. Section 2. The Plan Amendment is approved, subject to the: (a) further approval by the City and the Agency of all revisions made by this Board to the Plan Amendment (the "Final Approval of Plan Amendment"); (b) prior approval and execution of the Third Amendment by the City and the Agency; and (c) execution and delivery of the Amended and Restated CDT Interlocal by the County and the City. The County's project manager monitoring the Convention Center Project shall provide quarterly reports to the Board. Section 3. The Third Amendment is approved, subject to the: (a) Final Approval of the Plan.Amendment; (b)prior approval and execution of the Third Amendment by the City and the Agency; (c) execution and delivery of the Amended and Restated CDT Interlocal by the County and the City; (d) approval of the amendment to Ordinance No. 93-28 by the Board relating to the County's obligation to fund the Trust Fund through 2044; and (e) approval of the County Attorney's Office (clauses (a) through (e) are collectively the "Third Amendment Conditions Precedent"). The County Mayor or the County Mayor's designee is authorized to execute the Third Amendment on behalf of Miami-Dade County, upon satisfaction of all of the Third Amendment Conditions Precedent, with such execution to be conclusive evidence of all such approvals. Section 4. The Board waives Section 3 of Resolution No. R-871-1 that requires t quires the County Mayor or the County Mayor's designee to negotiate with said Agency, and if applicable, a municipality or other taxing authority to include a provision in the Third Amendment that requires the Agency to submit timely budgets for approval by this Board prior to the Agency 14 Amended Agenda Item No. 5(M) Page 7 borrowing money, advancing funds or incurring indebtedness proposed to be repaid from or secured by the Agency's tax increment financing funds. Section 5. The Amended and Restated CDT Interlocal is approved, subject to the: (a) Final Approval of the Plan Amendment; (b) prior approval and execution of the Third Amendment by the City and the Agency; (c) prior approval and execution of the Amended and Restated CDT Interlocal by the City; (d) approval of the amendment to Ordinance No. 93-28 by the Board relating to the County's obligation to fund the Trust Fund through 2044; and (e) approval of the County Attorney's Office (clauses (a) through (e) are collectively the "CDT Interlocal Conditions Precedent"). The County Mayor or the County Mayor's designee is authorized to execute the Amended and Restated CDT Interlocal on behalf of Miami-Dade County,upon satisfaction of all of the CDT Interlocal Conditions Precedent,with such execution to be conclusive evidence of all such approvals. Section 6. Pursuant to the Third Amendment, and subject to the Final Approval of_ the Plan Amendment and the execution and delive ry of the Amended and Restated CDT Interlocal by the County and the City, the issuance by the Agency from time to time, of its 2015 Bonds, in one or more series, is approved, provided, however, in no event shall: (i) the principal amount exceed $430,000,000; (ii)the maturity be later than March 31,2044; (iii)the 2015 Bonds be issued as capital appreciation bonds or any other similar bond structure that does not provide for optional and/or mandatory redemption and/or amortization, unless approved by the County Mayor after consultation with the County's financial advisor; and (iv)the 2015 Bonds be deemed to constitute, a debt, liability, or obligation of the County, the State, or any political subdivision of each (other than the Agency or the City, if applicable), or a pledge of the faith and credit of the County, the State of Florida, or any other political subdivision, and be payable from any funds other than legally available tax increment revenues of the Agency or other revenues 15 Amended Agenda Item No. 5(M) Page 8 provided by the City, as specifically pledged for the 2015 Bonds. The 2015 Bonds shall be issued for the purpose of refunding the Outstanding Bonds and financing the Agency Projects, funding any necessary reserves and paying the costs of issuing the 2015 Bonds. The County shall not rescind its obligation to make annual appropriations to the Trust Fund in accordance with the Interlocal Agreement and to continue to make such appropriations until the date the 2015 Bonds are no longer outstanding. Section 7. The Agency Projects set forth in Exhibit D to this resolution are approved for financing from the proceeds of the 2015 Bonds and any other available sources of the Agency or the City, if any. Section 8. If any one or more provisions of this resolution should be contrary to law or invalid or ineffective for any reason, such provision shall be deemed severable from, and shall not affect the validity of,the remaining provisions of this resolution. The foregoing resolution was offered by Commissioner :Bruno-A..Barreiro- , who moved its adoption. The motion was seconded by Commissioner Audrey:Edmonson and upon being put to a vote,the vote was as follows: Rebeca Sosa, Chairwoman aye.: Bruno A.Barreiro aye Esteban L.Bovo,_Jr. `: nay Levine Cava aye Jose "Pepe" Diaz aye Audrey M. Edmonson aye Sally A. Heyman aye Barbara J.Jordan aye Jean Monestime aye Dennis C. Moss aye Sen. Javier D. Souto absent Xavier L. Suarez aye Juan C. Zapata nay 16 Amended Agenda Item No. 5(M) Page 9 The Chairwoman thereupon declared the resolution duly passed and adopted this 16th day of December, 2014. This resolution shall become effective upon the earlier of(1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or(2)approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY,FLORIDA BY ITS BOARD OF Go M"ye COUNTY COMMISSIONERS Sat - z ---•-° z HARVEY RUVIN CLERK -•- fly 0 `' Christo. her 4 'ri ary Y Deputy Clerk Approved by County Attorney as l ,\r,to form and legal sufficiency. d ---, David Stephen Hope 17 • EXHIBIT A MIAMI BEACH COMMUNITY REDEVELOPMENT AREA REDEVELOPMENT PLAN AMENDMENT • 18 • EXHIBIT A As public improvements spur additional private investment, increments will grow, allowing bonds to be issued in an amount necessary to fund the $ 5,6581 rnillio . To raise the$ 581 miitian in bonds will require a commitment of approximately$6:6 25 million annually • in tax increments until the earlier of March 31, 2044, or the date Agency Indebtedness is no longer outstanding.over a 30 year period. The Agency will prepare and adopt a resolution authorizing the issuance of bonds and defining their terms, Such a resolution must be adopted prior to the sale of the bonds. The bonds shall be-marketed in accordance with statutory requirements. The Agency may issue Redevelopment Revenue Bonds for the following purposes: a. To pay for site improvements, project improvements and supporting facilities constructed at the Agency's expense and to pay for all other expenditures made by the Agency for or in connection with the project. b. With the consent of the applicable governing body,to pay all or part of the value of land and the cost of the installation and construction of any building, facility, structure, or other improvement which is . publicly owned either within or without the project area to the extent that such buildings,facilities, structures, or other improvements are of benefit to the project area. c. Reimbursement to the City of Miami Beach for movies expended or advanced. d. For any other purposes permitted by law and authorized by the Agency. Any bond, note or other form of indebtedness pledging increment revenue shall mature no later than the maximum period allowed by applicable law. 402. Duration of Projects The redevelopment activities contemplated by this plan area extended until the earlier of March 31,2044, or the date agency indebtedness is no longer outstanding. are-scheduled • law. 19 � ' N O C +, 0 05 a) _ 0 o < C to • .• 2 f a C p ! = • C C c O i C Cif • 0 N • • ❑1 o •• o as .c E • . • _ - .w+ .N o o Q� LI ▪ C 0 •U C 'U ' ? -0 N (CCO� CD L() 0) •n N ® :) as . O O 'Sl' 10 U)• a)® a 60 CIS n •• 1:3 OH `Q o 2 -a o O to i .c -c3 O : •O co N m C ca (0 .0 C) •, 4 = a) • m j ', c a) Ca =I ei 0 4:1) § a) - E 0 co • = 1-• O — . •. • as C O u a) to , 0 O V C L 0 co to o CA p -C.5 cA L. U) D `D- ci- aa� - aCcQvE cti 0 c p - o - co ai • t - •U E a o , 0 4 � -0 .•> m a) a vOE -o O v ;� 0 .. o .'L as •a O re a) Ca -r- .O -Q) c i U , E V w Qy 0 -a E tiCI C O N : • • " O s •b • '4 m .E U - Ca ' C r a C .- co C :p 113 C ti s O O g -' - O 5 t C C a) O o D U N O a t ,5 O : 0:10 u... 1- 0 U U Q }- o ca • v o� O v w (.90. Q.. 1•- C • .i v -'p U) • co • co �- a) '- 1 „ c� CD 0 Ca 0 0 — c •— Caa)) c^' G -a .c to- - o a) • o.� --�. , ~U N -►-• •p W -� O O to ,1 ` v ..d 3cLEcti � a C � 0004-, • j C aC • O O m to :p • • p c z :'Q K . USA U + >p ,C 1.•. N • s.. O C 0 Cs co O ,i No - . m ® m • cU O U)5b•O U 2 E E L z - -• • N ." -Z Q Q) > . .� •a ,a — m od ) v " o o . O os o NV U `p as 47 E o C . , 9) w a � C ° • . C as at Q > = Q +' ►_ � • ■ O `L .0 E o) 0;r. O ) • L O II KiS U O ( O .0 as V ct c Vs C ,. � -p E a▪ S O ': c, . a n • •'co O l) c c C ,. O Ca q } o t y + O 'U yC V SO s . ^ p O u < o W y, U 7 C op -� m c C C � d U • ci a � . � o )a� • . •-30U) . •® � Q O O �c 1. • c 0 to • • p O a c Co o • U a U as 1-.. • m X . � c o Ci r l'g c � o .• oU UC • aloo a0 m qvo° c0 '00 .t� — c - ao ,+-et O - o c ›' C o to • }11 : • Q O v CO C CO m O ~•- a) O • - as to -0 I-- . I-, = U) C O 1 23 CO U C A U O O2 �� � cti- Q0JO1. 2 -- oO c ;Le a) a 7 a) C; "' N N ° r 'o4 v mc c . ' tp� 0 CO • c •O > °) •0045 C t- uamaCD 2 Cp taoo X • .... V• +- L Cd = CU (1) } C N ... C ,5 gO Q •~ C a) O al C • o _ C O .o • o • - n y a) • C) jtU N J s. O as Q N (5 N aa) s W .r.. 0 U7. Q4I- m> U .:�. a) E .G a) c o :u oU E o N 2n45 -0 a 20 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) I, HARVEY RUVIN, Clerk of the Circuit and County 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 Resolution No. R-1110-14 adopted by said board of County Commissioners at its meeting held on December 16, 2014, as appears of record. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 21st day of January, A.D. 2015. HARVEY RUVIN, Clerk Board of County Commissioners Miami-Dade County, Florida B • .�. Deputy Clerk ee e e �F0 j Rif S!ves couNrr n o® - moo yZ�> evvvo "V * a°ve vv•mve.e.oee.v Board of County Commissioners Miami-Dade County, Florida