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SECOND AMENDMENT TO
THE INTERLOCAL COOPERATION AGREEMENT
DATED JUNE 21, 1996,
BETWEEN MIAMI-DADE COUNTY AND
THE CITY OF MIAMI BEACH
This Second Amendment (the "Amendment") to the 1996 Interloca1, as hereinafter defined,
as amended by the F~endment and Addendum, as each are hereinafter defined, made this
~3 fU) day of M ,2004, by and between Miami-Dade County, a political subdivision of
the State of Florida (the "County"), and the City of Miami Beach, a municipal corporation organized
under the laws of the State of Florida (the "City" or "CMB").
A. The Parties have previously executed an Interlocal Cooperation Agreement dated June 21,
1996 (the "1996 Interlocal"), providing for the allocation of Convention Development Tax
(CDT) receipts, which 1996 Interlocal was amended by Amendment One to the 1996
Interlocal dated April 24, 2001, by and between the City and the County (the "First
Amendment") and the Addendum to Amendment One to the 1996 Interlocal on May 22,
2001, pursuant to Resolution No. R-563-01. The 1996 Interlocal as amended by the First
Amendment and the Addendum shall be referred to herein as the Amended 1996 Interlocal.
The Parties acknowledge and agree that the Amended 1996 Interlocal remains in full force
and effect, as amended by this Amendment.
B. To the extent that the terms and provisions ofthe Amended 1996 Interlocal are not expressly
amended herein, such other terms and provisions shall be deemed to be in full force and
effect, except that in the event of conflict between the Amended 1996 Interloca1 and this
Amendment, the provisions of this Amendment shall prevail. All capitalized terms
contained in this Amendment which are not defined in this Amendment shall have the
respective meanings ascribed to them in the Amended 1996 Interlocal.
C. The definition of "Termination Date" is hereby deleted and replaced with the following:
"Termination Date" shall mean the latest of (a) September 30, 2040, (b) the latest expiration
of any agreement utilizing CDT Receipts for the issuance or payment of debt for any costs
associated with the Performing Arts Center, or (c) the latest expiration of any agreement
utilizing CDT Receipts for the issuance or payment of debt for any costs associated with a
baseball stadium.
D. Paragraph C ofthe First Amendment is hereby deleted in its entirety.
E. Section I.D.3 of the Amended 1996 Interlocal is hereby deleted in its entirety and replaced
with the following:
3. A net capital contribution of $15.0 million to be remitted to the City within ten days
of the effective date of this Amendment (Remittance Date). These funds shall be
used for Convention Center Complex Area Projects to the extent such projects are
eligible for CDT funding pursuant to state law. To the extent the Two-Thirds Portion
ofthe CDT Receipts available on such Remittance Date is less than $15.0 million,
the County Manager shall remit to the City on the Remittance Date the balance due
as an advance from non-ad valorem general fund revenues. Notwithstanding the
foregoing, the County shall reimburse itself for the advance of such funds upon a
subsequent issuance by the County of bonds that are secured by a first lien on CDT
Receipts.
F. Section J.D. 4 ofthe Amended 1996 Interlocal is hereby deleted in its entirety and replaced
with the following.
4.(a) The following payments1:
2001 - 25% ofCDT Receipts received by the County in Fiscal Year 200] in excess of $31,522,748
2002 - 25% ofCDT Receipts received by the County in Fiscal Year 2002 in excess of $33,729,341
2003 - 25% ofCDT Receipts received by the County in Fiscal Year 2003 in excess of $36,090,395
2004 - 25% of CDT Receipts received by the County in Fiscal Year 2004 in excess of $38,616,722
2005 - 100% of CDT Receipts received by the County in Fiscal Year 2005 greater than $40,547,558 but less than $4] ,536,] 46
2006 - 90% ofCDT Receipts received by the County in Fisca] Year 2006 greater than $42,574,936 but Jess than $44,676,279
2007 - 80% ofCDT Receipts received by the County in Fisca] Year 2007 greater than $44,703,683 but less than $48,053,806
2008 - 70% of CDT Receipts received by the County in Fiscal Year 2008 greater than $46,938,867 but less than $5] ,686,674
2009 - 60% ofCDT Receipts received by the County in Fiscal Year 2009 greater than $49,285,8]] but less than $55,594,186
2010 - 50% ofCDT Receipts received by the County in Fisca] Year 2010 greater than $51,750,10] but less than $59,797,107
20J] - 50% ofCDT Receipts received by the County in Fisca] Year 2011 greater than $54,337,606 but less than $64,3] 7,768
2012 - 50% of CDT Receipts received by the County in Fisca] Year 2012 greater than $57,054,487 but less than $69,180,191
2013 - 50% ofCDT Receipts received by the County in Fisca] Year 2013 greater than $59,907,2]] but less than $74,410,214
2014 - 50% ofCDT Receipts received by the County in Fisca] Year 2014 greater than $62,902,57] but less than $80,035,626
2015 - 50% of CDT Receipts received by the County in Fisca] Year 201 5 greater than $66,047,700 but less than $86,086,319
2016 - 50% ofCDT Receipts received by the County in Fiscal Year 2016 greater than $69.350,085 but less than $92,594,445
2017 - 50% of CDT Receipts received by the County in Fisca] Year 2017 greater than $72.817,589 but less than $99,594,585
2018 - 50% ofCDT Receipts received by the County in Fisca] Year 2018 greater than $76.458,469 but less than $107,J23,935
2019 - 50% of CDT Receipts received by the County in Fiscal Year 2019 greater than $80,28] ,392 but less than $115,222,505
2020 - 50% ofCDT Receipts received by the County in Fiscal Year 2020 greater than $84,295,462 but less than $123,933.326
2021 - 50% ofCDT Receipts received by the County in Fisca] Year 2021 greater than $88,510.235 but Jess than $133,302,687
2022 - 50% ofCDT Receipts received by the County in Fisca] Year 2022 greater than $92,935,747 but less than $143,380,370
2023 - 50% of CDT Receipts received by the County in Fisca] Year 2023 greater than $97,582,534 but less than $154,2] 9,926
2024 - 50% ofCDT Receipts received by the County in Fiscal Year 2024 greater than $]02,461,661 but less than $165,878,952
2025 - 50% ofCDT Receipts received by the County in Fiscal Year 2025 greater than $]07,584,744 but less than $178.4] 9,400
2026 - 50% ofCDT Receipts received by the County in Fisca] Year 2026 greater than $112,963,98] but less than $] 91,907,907
2027 - 50% of CDT Receipts received by the County in Fiscal Year 2027 greater than $118,612,] 80 but less than $206,416,145
2028 - 50% ofCDT Receipts received by the County in Fiscal Year 2028 greater than $124,542,789 but less than $222,02] ,205
2029 - 50% ofCDT Receipts received by the County in Fiscal Year 2029 greater than $130,769,928 but less than $238,806,008
2030 - 50% ofCDT Receipts received by the County in Fiscal Year 2030 greater than $137,308,425 but less than $256,859,742
203 I - 50% ofCDT Receipts received by the County in Fiscal Year 2031 greater than $144,173,846 but less than $276,278,339
2032 - 50% ofCDT Receipts received by the County in Fiscal Year 2032 greater than $151,382,538 but less than $297,164,98J
2033 - 50% ofCDT Receipts received by the County in Fiscal Year 2033 greater than $158,951,665 but less than $319,630,654
2034 - 50% ofCDT Receipts received by the County in Fisca] Year 2034 greater than $]66,899,248 but less than $343,794,73]
2035 - 50% ofCDT Receipts received by the County in Fisca] Year 2035 greater than $] 75,244,2]] but less than $369,785,613
2036 - 50% ofCDT Receipts received by the County in Fisca] Year 2036 greater than $184,006,42] but less than $397.741,405
2037 - 50% ofCDT Receipts received by the County in Fisca] Year 2037 greater than $193.206,742 but less than $427,810,655
2038 - 50% ofCDT Receipts received by the County in Fisca] Year 2038 greater than $202,867,080 but less than $460,153,141
2039 - 50% ofCDT Receipts received by the County in Fiscal Year 2039 greater than $213,010,433 but less than $494,940,7J 8
2040 - 50% ofCDT Receipts received by the County in Fiscal Year 2040 greater than $223,660,955 but Jess than $532,358,236
IAll years listed above are fiscal years ending September 30; all CDT Receipts are based on Current CDT Rate.
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To the extent the Tennination Date is later than September 30, 2040, the City wi1l continue to receive an a1location of50"1o of
CDT Receipts calculated based upon the Current CDT Rate and the formula established in the aforementioned schedule,
which represents County growth estimates of annual CDT Receipts based upon the Current CDT Rate between 5% and a cap
of7.56% growth. The county sha1l receive 100% of any annual CDT Receipts in excess of the 7.56% annual growth figure
based on the Current CDT Rate,
(b) Annual payments to the City as listed in Section I.D. 4.(a) above shall be capped at $50
million, provided, however, that beginning in Fiscal Year ending September 30,2030, the $50
million cap shall escalate annually at the lesser of three percent (3%) or the Consumer Price
Index for All Urban Consumers for the United States, all items, index base period 1982-84=100
(commonly referred to as CPI-U), as published periodically by the United States Bureau of Labor
Statistics. These payments to the City shall be used for Convention Center Complex Area
projects to the extent such projects are eligible for CDT funding pursuant to state law. To the
extent that the City determines funds are not needed for the Convention Center Complex Area
projects, the funds may be used for other projects eligible for CDT funds under State law. The
County shall have ninety (90) days after the close of the County's fiscal year to make its
remittance to the City.
G. Section I.D.5. ofthe Amended 1996 Interlocal is hereby deleted in its entirety.
H. It is expected the County will place on the November 2004 ballot a General Obligation Bond
(GOB) Program for voter consideration to fund major infrastructure and capital
improvements. If a GOB issue is placed on that ballot, the County will include in that GOB
Program funding to be paid to the City of Miami Beach for a project related to the expansion
or enhancement ofthe Miami Beach Convention Center. The amount of funding allocated to
such a project in the GOB Program shall be $55 million. The City will not be precluded
from requesting additional funding in the November 2004 GOB Program to be used for any
project other than the expansion or enhancement ofthe Miami Beach Convention Center nor
be precluded from requesting funding for any proj ect in any future County general obligation
bond program regardless of the results of any November 2004 bond referendum or by any
provision of this agreement.
I. Section IV. A. of the Amended 1996 Interlocal is amended to include a new subparagraph 4
and to renumber the existing subparagraph 4 and all subsequent paragraphs as follows:
IV. MUTUAL OBLIGATIONS AND RESPONSIBILITIES
A. ANNUAL PAYMENT
4. (i) In the event that the project related to the expansion or enhancement of the Miami
Beach Convention Center is approved by the voters as part of the November, 2004,
GOB Program, commencing October 1, 2005, the County shall annually appropriate
and remit to the City, no later than January 1 of the following year, an amount
equivalent to twenty percent (20%) of the difference between (a) the amount of general
Countywide operating ad valorem taxes levied each year by the County, exclusive of
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any amount from any debt service millage, on the assessed value of the taxable real
property contained within the geographic boundaries specifically described in Exhibit
A to this Amendment and (b) the amount of general Countywide operating ad valorem
taxes which would have been produced by the rate upon which the tax is levied each
year by the County, exclusive of any debt service millage, upon the total ofthe assessed
value of the taxable real property in the geographic area specifically described in
Exhibit A for the tax year 1976. Such annual payments shall continue until September
30,2016. In the year 2017, the payment amount shall be forty-five percent (45%) of
the difference between (a) the amount of general Countywide operating ad valorem
taxes levied each year by the County, exclusive of any amount from any debt service
millage, on the assessed value of the taxable real property contained within the
geographic boundaries specifically described in Exhibit A to this Amendment and (b)
the amount of general Countywide operating ad valorem taxes which would have been
produced by the rate upon which the tax is levied each year by the County, exclusive of
any debt service millage, upon the total of the assessed value of the taxable real
property in the geographic area specifically described in Exhibit A for the tax year
1976. The payments under this subparagraph 4(i) shall end the earlier of September 30,
2017, or when the total amount remitted by the County to the City under this
subparagraph 4(i) reaches $45 million. The total amount remitted by the County to the
City pursuant to this subparagraph 4(i) shall be expended by the City for any need
identified by the City, which need would be an eligible use for CDT or Municipal
Tourist Resort Tax receipts and all, or any, of the payments made under this
subparagraph 4(i) may be pledged by the City as security for any indebtedness incurred
by the City to fund any capital costs. The payments in this subparagraph 4(i) are in
addition to the GOB Program bond proceeds identified in paragraph H above.
(ii) In the event there is no GOB Program placed on the November, 2004, ballot or in the
event that the project related to the expansion or enhancement of the Miami Beach
Convention Center is not approved by the voters as part ofthe November, 2004, GOB
Program, commencing October 1, 2005, the County shall annually appropriate and
remit to the City, no later than January 1 of the following year, an amount equivalent to
twenty percent (20%) of the difference between (a) the amount of general Countywide
operating ad valorem taxes levied each year by the County, exclusive of any amount
from any debt service millage, on the assessed value of the taxable real property
contained within the geographic boundaries specifically described in Exhibit A to this
Amendment and (b) the amount of general Countywide operating ad valorem taxes
which would have been produced by the rate upon which the tax is levied each year by
the County, exclusive of any debt service miJIage, upon the total ofthe assessed value
ofthe taxable real property in the geographic area specifically described in Exhibit A
for the tax year 1976. Such annual payments shall continue through September 30,
2016, at which time payment amount shall increase to forty-five percent (45%) ofthe
difference between (a) the amount of general Countywide operating ad valorem taxes
levied each year by the County, exclusive of any amount from any debt service miJIage,
on the assessed value of the taxable real property contained within the geographic
boundaries specifically described in Exhibit A to this Amendment and (b) the amount
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of general Countywide operating ad valorem taxes which would have been produced by
the rate upon which the tax is levied each year by the County, exclusive of any debt
service millage, upon the total ofthe assessed value ofthe taxable real property in the
geographic area specifically described in Exhibit A for the tax year 1976. The
payments under this subparagraph 4(ii) shall continue until the total of such payments
reaches $55 million. The total amount remitted by the County to the City pursuant to
this subparagraph 4(ii) shall be expended by the City solely for capital costs for the
expansion or enhancement of the Miami Beach Convention Center, and all, or any, of
the payments made under this subparagraph 4(ii) may be pledged by the City as
security for any indebtedness incurred by the City to fund any such capital costs.
(iii) In connection with any pledge by the City of the payments to be received from the
County pursuant to subparagraphs 4(i) and 4(ii) above, the County shall cooperate with
the City.
Subparagraph 4 becomes subparagraph 5
Subparagraph 5 becomes subparagraph 6
Subparagraph 6 becomes subparagraph 7
Subparagraph 7 becomes subparagraph 8
Subparagraph 8 becomes subparagraph 9
Subparagraph 9 becomes subparagraph 10
J. Section IV. A. 8 and 9 of the Amended 1996 Interlocal are amended to read:
8. It is understood and agreed that the amounts payable by the County under sections IV.A.
2.,3.,4., and 5. above, are calculated by reference to certain ad valorem tax collections,
but said payments shall be paid solely from non-ad valorem revenues of the County, and
the obligation ofthe County to make such payments shall not create any debt, liability,
obligation, or pledge of the taxing power, on the part of the County that would require
said payments to be subject to referendum.
9. The provisions of this Section IV. A(l) through (8) shall survive the termination of this
Amendment, Amendment One to the 1996 Interlocal, and the 1996lnterlocal, regardless
of the reason for such termination.
K. Section VI. ofthe Amended 1996lnterlocal is amended to read as follows:
VI. Entire Agreement. This Amendment and the Amended 1996lnterlocal constitute
the sole and only agreement ofthe Parties with respect to the Two-Thirds Portion of
the CDT Receipts and correctly sets forth the rights, duties and obligations of each to
the other as of its date. Any prior agreements, promises, negotiations, or
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representations not expressly set forth in the Amended 1996 Interloca1 and this
Amendment are of no force and effect.
K. Upon adoption of this Second Amendment to the Interlocal Agreement, the pending claim
of the City processed under Chapter 164 Florida Statute shall be withdrawn, and the
parties agree that this instrument represents the understanding under which the Parties
shall proceed in accordance with its terms. ~_
=6 ... George M. B~ss
County Manager
Miami-Dade County
APPROVED AS TO FORM
AND LEGAL SUFFI NCY:
APPROVED AS TO FORM
LEGAL SUFFIClENCY:
G
R~w PtU~
City Clerk
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