R7B-Execute Interlocal Agreement Use And Disposition Of Convention Development TCondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida (City), Approving And Authorizing
The Mayor And City Clerk To Execute An Amended And Restated lnterlocal Cooreration Agreement, Amending And
Restating ln lts Entirety The 1996 lnterlocal Cooperation Agreement, Dated June 21 , 1996, Between Miami-Dade County
(County) And The City, As Amended (Collectively, The 1996 lnterlocal), Regarding The Use And Disposition Of The
Two/Thirds Portion Of The Convention Development Tax.
Key lntended Outcome Supported:
COMMISSION ITEM SUMMARY
The Convention Development Tax ('CDT') is a three percent (3%) tax imposed on transient rentals countywide. ln
accordance with state law, twothirds of the CDT revenue was used initially for the extension, enlargement and
improvement of the Miami Beach Convention Center. Upon completion of the improvements, the twothirds portion of the
CDT revenue was used for other qualified projects throughout the County which has been the case since the initial financing
fortheMiamiBeachConventionCenterinl98T. lnl996,theCityandCountyapprovedanlnterlocalAgreementwhichwas
necessitated by the Performing Arts Center Project. Subsequently, the County and the City adopted a series of
amendments to the original CDT lnterlocalAgreement by Amendment One to the lnterlocal Cooperation Agreement, dated
April24,2001 ("Amendment One"), the First Addendum to Amendment One, dated May 22, 2001 (the "Addendum to
Amendment One"), and the Second Amendment to the lnterlocal Cooperation Agreement, dated March 23, 2004
("Amendment Two") (collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds (2/3) portion of
the tax, authorized pursuant to Section 212.0305(4)(b), Florida Statutes, and imposed pursuant to the County Code and
Ordinances ("Convention Development Tax").
Over the past year staffs from the County and City have held discussions regarding the development and funding of a new
and expanded Convention Center on Miami Beach so that our community can host larger conventions which would be a
major economic benefit.
As a result, the City Commission, pursuant to Resolution No. 2014-28644 adopted on June 27,2014, approved a
Memorandum of lntent (the "MOl"), memorializing the aforementioned. Accordingly, in furtherance of same, the County,
City, and the Agency desire to further amend the lnterlocalAgreement. The parties intend by this Agreement to amend and
restate in its entirety the 1996 CDT lnterlocal Agreement regarding the disposition of the Two Thirds Portion of the CDT.
Amendments to the Convention Development Tax (CDT) lnterlocal Agreement will be presented to both the City and County
commissions for consideration. The amendments include the following:. The payments for the former South Pointe RDA will be completely deferred in FY 2014-15 and partially deferred FY
2015-16 and FY 2016-17 . Future years' payments will include the deferred amounts. The restrictions on the City's
use of the funds has been deleted, allowing the City to use the funding for much needed sea level rise mitigation or
other projects in the City;r Assumes additional Convention Center operations and maintenance subsidy once the City CenterAgency sunsets or
there is sufficient revenue to provide the payment before it sunsets;o lncludes $1.5 million per year if a convention center hotel consisting of 800 rooms is built;. Confirms the date of 2048 for the termination of the agreement, at which time the City may negotiate for additional
Advisory Board Recommendation:
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
Expeditiously Upgrade The Convention Center To Be Smart, Modern, Energy Efficient And Which Fits Local Context,
lncludinq Walka
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over half of
businesses (56%) claimed that the Miami Beach Convention Center added to the success of their business. Six in ten
businesses (61%of at least $300 million for the Miami Beach Convention Center.
Item Summary/Recommendation:
AGET.IDA "'U R7 BE MIAMIBEACH o^rE lkq'lt/597
r915.201s
City of Miomi Beqch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
y CommissionTO:Honorable Mayor Philip Levine and M{mbers of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
oF M!AM! BEACH, FLORTDA (C|TU,'APPROVING AND AUTHORTZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL COORERATION AGREEMENT, AMENDING AND
RESTATING IN ITS ENTIRETY THE 1996 INTERLOCAL COOPERATION
AGREEMENT, DATED JUNE 21, 1996, BETWEEN MIAMI-DADE COUNTY
(couNTY) ANO THE CITY, AS AMENDED (COLLECTIVELY, THE 1996
TNTERLOGAL), REGARDTNG THE USE AND DtSpOStTtON OF THE
TWO/THIRDS PORTION OF THE CONVENTION DEVELOPMENT TAX.
ADMI NISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Convention Development Tax ("CDT") is a three percent (3%) tax imposed on
transient rentals countywide. The CDT was approved, in part, to recognize the
importance to the local economy of the continued maintenance, improvement and
expansion of the Miami Beach Convention Center. ln accordance with state law, two-
thirds of the CDT revenue was used initially for the extension, enlargement and
improvement of the Miami Beach Convention Center (MBCC). Upon completion of the
improvements, the twothirds portion of the CDT revenue was used for other qualified
projects throughout the County which has been the case since the initial financing for the
Miami Beach Convention Center in 1987. ln 1996, the City and County approved an
lnterlocal Agreement which was necessitated by the Performing Arts Center Project and
the need to use CDT revenue as the primary pledge for the repayment of the bonds
required to build the Performing Arts Center.
Subsequently, the County and the City adopted a series of amendments to the original
CDT lnterlocalAgreement by Amendment One to the lnterlocal Cooperation Agreement,
dated Aprll 24, 2001 ("Amendment One"), the First Addendum to Amendment One,
dated May 22,2001 (the "Addendum to Amendment One"), and the Second Amendment
to the lnterlocal Cooperation Agreement, dated March 23, 2004 ("Amendment Two")
(collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds
(2/3) portion of the tax, authorized pursuant to Section 212.0305(4Xb), Florida Statutes,
and imposed pursuant to the County Code and Ordinances ("Convention Development
Tax").
598
City Commission Meeting
CDT lnterlocal Amended and Restated
November 19,2014
Page 2 of 3
Over the past year, staffs from the County and City have held discussions regarding the
development and funding of a new and expanded Convention Center on Miami Beach
so that our community can host larger conventions which would be a major economic
benefit. More recently, County and City staff have discussed other cash flow exchange
concepts in order for (1) the County to address near-term operational budgetary needs,
and (2) the City to have the flexibility to fund longer term capital needs including partial
funding for sea level rise mitigation projects. Additionally, both administrations believe
that funding flexibility should be planned and maintained to partially support operational
costs for a possible future mass transit connection between Miami Beach and the
mainland.
As a result, the City Commission, pursuant to Resolution No. 2014-28644 adopted on
June 27,2014, approved a Memorandum of lntent (the "MOl"), , the terms of which were
endorsed by the County Mayor, subject to final legal review by the County and approval
by the Board of County Commissioners. The MOI provides that the conceptual terms
and conditions contained therein, including the preceding terms, are subject to further
actions and approvals to be taken, respectively, by the Board, the City Commission, and
the Agency. Accordingly, in furtherance of same, the County, City, and the Agency
desire to further amend the lnterlocal Agreement.
The parties intend bythisAgreementto amend and restate in its entiretythe 1996 CDT
lnterlocal Agreement regarding the disposition of the Two Thirds Portion of the CDT.
Convention Development Tax (CDT) lnterlocal Agreement
Amendments to the Convention Development Tax (CDT) lnterlocal Agreement will be
presented to both the City and County commissions for consideration. The amendments
include the following:
. A modification to the payments from the County to the City of funds which are
currently restricted for capital projects within the former South Pointe
Redevelopment Agency (South Pointe RDA) geographic area, as well as for CDT
and resort tax eligible projects. Specifically, the payments for the former South
Pointe RDA will be completely deferred in FY 2014-15 and partially deferred FY
2015-16 and FY 2016-17, and future years' payments will include these deferred
amounts so the total amount that would be funded is not impacted. 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.
. An additional allocation by the County, from legally available CDT, of up to $1.5
million per year for 30 years toward eligible CDT projects to incentivize the
development of a new Convention Center Hotel at or near the Convention
Center, if a convention center hotel consisting of at least 400 rooms is built, and
is generating new bed taxes. Both County and City administrations believe that
$1.5 million is a fair estimate of the bed taxes that a new Convention Center
Hotel of 800 rooms would generate. lf the Convention Center Hotel is built
between 400 and 800 rooms, the incentive payment will be prorated.
599
City Commission Meeting
CDT lnterlocal Amended and Restated
November 19,2014
Page 3 of 3
o Pursuant to an existing Convention Development Tax (CDT) lnterlocal
agreement, the City currently receives a flat $4.5 million per year from
Convention Development Taxes to operate and maintain the Convention Center,
plus an annual year-end revenue share based on CDT exceeding collection
amounts that increase each year. The Third Amendment to the RDA lnterlocal
Agreement will allow for an additional annual operating and maintenance subsidy
starting at $1 million in 2017 and growing to $4 million by 2021, which will then
escalate at 4 percent or Consumer Price lndex (CPl) annually (whichever is less)
starting in 2026 over the life of the Convention Center, funded through RDA.
Under the CDT agreement, if there is sufficient CDT funding the County will
reimburse the RDA for this amount until the RDA expires. Once the RDA
expires, the County will continue to fund this through CDT proceeds through
2048;
. Confirms the date of 2048 for the termination of the agreement, at which time the
City may negotiate for additional subsidy.
Redevel o p m ent Agency ( RDA) I nterlocal Agreem ent
An amendment to the Redevelopment Agency (RDA) lnterlocal Agreement and RDA
Plan Amendment consistent with the terms of the negotiated MOI is a separate item on
this agenda.
CONCLUSION
As such, the Administration recommends adopting the Proposed Amendments to the
CDT lnterlocal Agreement.
&
JLM/KqB/MS
Attachment
T:\AGENDA\2014\November\TCED\CDT lnterlocal Amendment Commission memo.doc
600
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603
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND GITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL COOPERATION AGREEMENT, AMENDING AND
RESTATING IN ITS ENTIRETY THE 1996 INTERLOGAL COOPERATION
(couNTY) AND THE C!TY, AS AMENDED (COLLECTIVELY, THE 1996
TNTERLOCAL), REGARDING THE USE AND DtSpOStTtON OF THE
TWO/THIRDS PORTION OF THE CONVENTION DEVELOPMENT TAX.
WHEREAS, the County and the City previously entered into certain interlocal
agreements, including the 1996 lnterlocal Cooperation Agreement, dated June 21, 1996,
between the County and the City, as amended by Amendment One to the lnterlocal
Cooperation Agreement, dated April 24, 2001 ("Amendment One"), the First Addendum to
Amendment One, dated May 22,2001 (the "Addendum to Amendment One"), and the Second
Amendment to the lnterlocal Cooperation Agreement, dated March 23, 2004 ("Amendment
Two") (collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds
(2/3) portion ("Two Thirds Portion") of the tax imposed by the County on the exercise within its
boundaries of the taxable privilege of leasing or letting transient rental accommodations at the
rate of three percent (3%) of the total consideration charged for such accommodations,
authorized pursuant to Section 212.0305(4)(b), Florida Statutes, and imposed pursuant to the
County Code and Ordinances ("Convention Development Tax" or "CDT"); and
WHEREAS, the City and the County now wish to enter into an Amended and Restated
lnterlocal Cooperation Agreement, which would supersede and replace the 1996 lnterlocal; and
WHEREAS, the Amended and Restated lnterlocal Cooperation Agreement, attached and
incorporated as Exhibit "A" hereto, provides, in pertinent part, for:
(i) payments from the County to the City of certain funds for capital projects within the City
Center/Historic Convention Village Redevelopment and Revitalization Area (the "City Center
RDA"), as well as for other CDT and resort tax eligible projects, as determined by the City;
(ii) payments from the County to the City relating to the former South Pointe
Redevelopment Agency (South Pointe RDA) geographic area;
(iii) the deferral of certain payments due from the County in Fiscal Year 2014115 and Fiscal
Year 2015116;
(iv) the continued payment from the County of an annual operating and maintenance
subsidy for the Miami Beach Convention Center in the amount of $4.5 million; and
(v) up to $1.5 million per year toward eligible CDT prolects to incentivize the development of
a new Convention Center headquarters hotel at or near the Convention Center, payable once
the new hotel is built and is generating new bed taxes; and
WHEREAS, upon the City's approval of this Amended And Restated lnterlocal
Cooperation Agreement, the Agreement will be transmitted to the County, for consideration and
approval by the Board of County Commissioners.
604
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute an Amended
And Restated lnterlocal Cooperation Agreement, attached hereto as Exhibit "A," amending and
restating in its entirety the 1996 lnterlocal Cooperation Agreement, dated June 21, 1996,
between Miami-Dade County (County) and the City, as amended (collectively, the 1996
lnterlocal), regarding the use and disposition of the Two/Thirds Portion of the Convention
Development Tax.
PASSED and ADOPTED this
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\October\October 29\TCED\CDT lnterlocal Amendment Commission Reso.doc
day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\u - z \- t k
Date
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