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HomeMy Public PortalAbout09-7929 Agreement with MDC Connected with the Neighborhood Stabilization Program Sponsored by: City Manager RESOLUTION NO. 09-7929 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY REGARDING DEMOLITION ACTIVITY CONNECTED WITH THE NEIGHBORHOOD STABILIZATION PROGRAM(NSP) WHEREAS,Miami-Dade County("County")was awarded$62,207,200.00 from the Federal Government under the Neighborhood Stabilization Program (NSP) to address foreclosures and abandoned properties; and WHEREAS,the Miami-Dade County has allocated One Million Dollars($1,000,000.00)to be used for the demolition of blighted structures throughout the County; and WHEREAS,the City Commission of the City of Opa-locka("City Commission") adopted Ordinance 09-13, amending Chapter 7 Article V of the City of Opa-locka ("City") Code of Ordinances entitled "Dangerous or Substandard Structures" to include a definition for "blighted structures"; and WHEREAS, the City is eligible to receive financial assistance for participation in the demolition of blighted structures under the NSP; and WHEREAS,the City and County desire to enter into an Interlocal Agreement outlining the terms for receiving assistance with the demolition of blighted structures under the NSP; and WHEREAS,the City will be responsible for identifying eligible housing units that meet the definition of blighted structures and that are located in areas designated as highest or high priority under the NSP; and WHEREAS,after identification of blighted structures by the City,the County would select Resolution No. 0 9—7 9 2 9 a demolition contractor; work with City staff to ensure completion of the demolition activity, and pay the demolition contractor directly for the work performed; and WHEREAS, the City Commission desires to authorize the City Manager to enter into the Interlocal Agreement with Miami-Dade County regarding demolition activity under the NSP. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into an Interlocal Agreement with Miami-Dade County regarding demolition of blighted structures under the Neighborhood Stabilization Program (NSP), in a contract form approved by the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 3 day of SF.PTP.MRF.B , 2009. Ai Wow—411 J• P . . KELLEY 1ViA •R Attest: -) Approved as to form and legal • fficiency: ra 1 ' Deborah S. Irby/ Burnadette No.WW-Weeks City Clerk City Attorney Resolution No. 0 9—7 9 2 9 Moved by: ,T0HNSON Seconded by: TAYLOR Commission Vote: 5—0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES Dek ( )1/9*`r'l Ulr"GAl CIO G� tlt34;! gavida 1.00 '°oN•tieC'" Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Dorothy Johnson Commissioner Timothy Holmes Commissioner 'ose Tydus FROM: Bry an K. Finn,- City Manager DATE: Septemb• 4,2009 RE: Acceptance and Authorization of OCED - Neighborhood Stabilization Program-Demolition Activity Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF OPA- LOCKA AUTHORIZES THE ACCEPTANCE OF THE MIAMI-DADE COUNTY — OCED NEIGHBORHOOD STABILIZATION PROGRAM DEMOLITION ACTIVITY AWARD. Description: The County through its Neighborhood Stabilization Program is addressing the challenges associated with the destabilizing effects of foreclosures and abandoned properties on the neighborhood by assist the City with demolition activities. The City is responsible for identifying eligible units that the definition of blighted structures and are located in the areas designated as highest or high priority pursuant to the County's NSP Substantial Amendment. Financial Impact: None Implementation Timeline: Immediately Legislative History: Ordinance No. 09-13 Adopting Miami-Dade County Code use to define the term "blighted"by amending Chapter 7, Article V, of the Opa-Locka Code of Ordinances Entitled"Dangerous or Substandard Structures". Recommendation(s): Staff recommends approval. Analysis: This recommendation is based on the Miami-Dade County OCED Award Letter. Attachments: 1. Award Letter 2. City Ordinance#09-13 PREPARED BY: Charmaine Parchment 1st Reading: 05/27/7nnq 2°d Reading:0 6/1 0/2 0 09 Public Hearing: 0 6/1 0/2 0 0 9 Adopted: 0 6/1 0/2 0 0 9 Effective Date: 06/10/2009 Sponsor: City Manager ORDINANCE NO. 0 9-1 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA; AMENDING CHAPTER 7, ARTICLE V, OF THE OPA-LOCKA CODE OF ORDINANCES ENTITLED "DANGEROUS OR SUBSTANDARD STRUCTURES" BY AMENDING SECTION 7-65 ENTITLED "DEFINED" AND PROVIDING FOR DEFINITION OF `BLIGHTED STRUCTURES"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, municipalities may enact reasonable regulations to promote the health, safety and welfare of citizens; and WHEREAS, the City Commission of the City of Opa-locka ("City Commission") desires to amend Chapter 7, Article V of the City of Opa-locka Code of Ordinances entitled "Dangerous or Substandard Structures", by specifically amending Section 7-65 entitled "Defined" relating to definitions and adding a definition for"Blighted Structures"; and WHEREAS, the City Commission has determined that it will be in the best interest of the City of Opa-locka ("City") to specifically amend Section 7-65 entitled "Defined" relating to definitions and adding a definition for"Blighted Structures". THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section 1. The recitals to the preamble herein are incorporated by reference. Ordinance No. 8 9-1 . Section 2. The City Commission of the City of Opa-locka hereby amends Chapter 7, Article V Section 7-65 entitled "Defined" relating to definitions and adding a definition for "Blighted Structures" as set forth herein: Sec. 7-65. Defined. (1) Buildings or structures shall be deemed dangerous by the building official in compliance with the provisions of the South Florida Building Code. (2) Blighted Structures. A structure shall be deemed "blighted" and subject to demolition when: (a) It is visited by persons for the purpose of unlawfully procuring or using any controlled substance, as defined under Chapter 893 of the Florida Statutes, or any drugs, as defined in Chapter 499 of the Florida Statutes; or (b) It is used for the illegal keeping, selling or delivering of such controlled substances or drugs; and (c) The structure is found to have one (1) or more of the following characteristics: (i) It is vacant, unguarded and open at doors or windows, (ii) There is an unwarranted accumulation of debris or other combustible material therein, (iii) The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy, (iv) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material, (v) There is deterioration of the structure or structural parts, (vi) The structure is partially destroyed, (vii) There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or overstressing, (viii) The electrical or mechanical installations or systems create a hazardous condition, or (ix) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. A structure shall be presumed to be utilized for the purpose set forth in (2)(a) or (b) above when there are one (1) or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises of the subject structure during the period of six (6) months preceding the posting of notice by the Minimum Housing Enforcement Officer. In the administration of the demolition activity outlined herein and when the code above does not meet the required standard for demolition the City will use Section 8-5 of the Miami-Dade County code for "unsafe structures"and it is as follows: (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, facilities with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or Ordinance No. n q-1 3 otherwise, shall be deemed unsafe structures and a_permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein. (3) Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein. (4) Buildings which meet the physical criteria of unsafe structures set forth in this section, and are ordered to be repaired by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board, in the manner more particularly set forth below, which are not completed or repaired and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official or the Unsafe Structures Board, will be demolished. (5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and public welfare. If the stagnant water is not removed and all repairs made and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official, then these swimming pools will be demolished. (6)Physical criteria. (a)A building shall be deemed a fire hazard and/or unsafe when: (i) It is vacant, unguarded and open at doors or windows. (ii) There is an accumulation of debris or other material therein representing a hazard of combustion. (iii) The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular Occupancy. (b)A building, or part thereof, shall be presumed to be unsafe if: (i) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. (ii)There is a deterioration of the structure or structural parts. (iii) The building is partially destroyed. (iv) There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing. (v) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (vi) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (vii) By reasons of use or occupancy the area, height, type of construction, fire resistance, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group of occupancy. Ordinance No. 0 9-1 . (c)A building, or part thereof, shall be presumed to be unsafe if: (i) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefore having been obtained or where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. (ii) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical., plumbing or other equipment has not been completed. (iii) The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official or for a period exceeding the maximum limitations set forth in this Section. (iv) By reason of illegal or improper use, occupancy or maintenance does not comply with the Building Code,or the code in effect at the time of construction. (v) The building or part thereof meets the physical criteria of an unsafe structure set forth above and has not been repaired and brought into compliance with the Building Code following the expiration of the reasonable periods allowed by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such repairs. Section 3. All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 10 day of JUNE , 2009. SEPH L. KELLE • MAYOR Ordinance No. 0 9-1 Attest: Approved as to form and legal sufficiency: It �jf.. ii De.orah S. Irly Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES • Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES oc', 7 D 1 ,y any Memorandum TO: Mayor Joseph L. Kelley Vice-Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: Bryan K. Finnic, Interim DATE: May 19, 2009 RE: Adoption of Miami-Dade County Code of Ordinance Request: TO BE ADDED BY CITY ATTORNEY'S OFFICE Description: On April 22nd, Miami-Dade County's Office of Community & Economic Development (OCED) released, via letter, guidelines for municipalities to apply for funding from the United States Department of Housing & Urban Development's (US HUD) Neighborhood Stabilization Program (NSP) for the demolition of blighted structures within designated "highest" -and "high" priority areas. In order to qualify, the City of Opa-locka must adopt the County's definition of a "blighted structure"prior to the June 30th submission deadline. Financial Impact: This Item may have a positive impact. Miami-Dade County has allocated $1,000,000 towards demolition of"highest" & "high"priority areas countywide. Implementation Time Line: Immediately Legislative History: None Recommendation(s): Staff recommends approval. Analysis: This recommendation is based on OCED's April 22nd letter and map of"highest" & "high" priority areas. Portions of the City have been designated by OCED as "highest" & "high" priorities for NSP funding. If approved, the City will be able to competitively apply for blighted structures to be demolished by the County. ATTACHMENT(S): 1. Ordinance 2. Miami-Dade County OCED Letter Dated April 22°d 3. Copy of Miami-Dade County's Definition of`Blighted Structure" 4. Map of"Highest" & "High"Priority Areas within Opa-locka PREPARED BY: Donald Manning END OF MEMORANDUM . 1 i Community& Economic Developm 701 N.W. 1st Court • 14th Fl MIAM!DADE Miami, Florida 33-, T 786-469-2100 F 786-469-22 Carlos Alvarez, Mayor m►amidade. April 22, 2009 Octavian Spanner, Code EnforcementDirector City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 RE: Neighborhood Stabilization Program The United States Department of Housing and Urban Development (US HUD) awarded Miami-Dade County $62,207,200 in Neighborhood Stabilization Program (NSP) funds. The County's approved NSP Plan and Implementing Order is available for download on our website at: www.miamidade.gov/ced. The County has allocated $1,000,000 for the demolition of blighted structures. It is the desire of the County to assist with eligible demolition activity that may be available in your city. To see if your community can apply for the funding, I am attaching the section of the Miami Dade County Code used to define the term "blighted" as you must adopted this language in order to qualify. In addition to the required Code adoption, there are designated target areas in which the demolition can only occur. These areas are shaded in red and orange on the high resolution maps that are available at www.miamidade.gov/ced. There is a search engine on our website that can identify the priority areas. A presentation has been scheduled for May 15, 2009, to discuss our plan and approach, as well as the Code and how it is applied. Technical assistance will be available to assist you in adopting the County code by reference. The presentation will be held at the Permitting & Inspection Center located at 11805 SW 26th Street, Suite 230 from 2pm-4pm. Please call Miriam Sabeta at 786-469-2248,by May 8 to register, as space is limited. Prior to the presentation, we would like to know if you are interested in participating in this activity and whether or not you have identified such structures that may meet the definition of blighted. According to some preliminary reviews, your municipality has areas that are designated as highest and/or high priority. If you are interested in this activity, you will need to provide a list of property(ies) you would like for the County to consider for demolition. The list must be prioritized from greatest to least importance and submitted by June 1, 2009. In addition to the list,we will need a copy of the adoption of the County code referred to in this letter. We need to receive this information no later than June 30, 2009. Please provide the requested information to the attention of Clarence Brown. He can be reached for questions at 786-469-2221 and via email at cdbrown@a,miamidade.eov. Thank you for your attention to this process and we hope to see you soon. Sincerely, 4ailj fr4 Shalley Jones Horn Director c: Peter McDougal, Deputy Director Clarence D. Brown, NSP Director Enclosure • C. DEFINITIONS AND DESCRIPTIONS (1) Definition of"blighted structure" in context of state or local law. Response: Miami-Dade County adopts the definition of "uninhabitable structures" as defined in Section 17B-15 of the Miami-Dade County Code of Ordinances, as the definition of "blighted structures" for purposes of this NSP Substantial Amendment.' A structure shall be deemed "blighted"and subject to demolition when: (a) It is visited by persons for the purpose of unlawfully procuring or using any controlled substance, as defined under Chapter 893 of the Florida Statutes, or any drugs, as defined in Chapter 499 of the Florida Statutes; or (b) It is used for the illegal keeping, selling or delivering of such controlled substances or drugs; and (c) The structure is found to have one (1) or more of the following characteristics: (i) It is vacant, unguarded and open at doors or windows, (ii) There is an unwarranted accumulation of debris or other combustible material therein, (iii) The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy, (iv) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material, (v) There is deterioration of the structure or structural parts, • (vi) The structure is partially destroyed, (vii) There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over- stressing, (viii) The electrical or mechanical installations or systems create a hazardous condition, or (ix) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. -The term "blighted structure" does not appear in Section 17B-15 of the Miami-Dade County Code of Ordinances. However, Chapter 17B (METROPOLITAN MIAMI-DADS COUNTY DEMOLITION OF UNINHABITABLE STRUCTURES ORDINANCE) was adopted on the basis of the Board of County Commissioners' legislative findings that "in recent years and at present an increased number of uninhabitable structures exist, the maintenance of which is often neglected by the owners thereof. It is furthermore found and declared by this Board that said structures often become open, unsecured, vandalized, or used for illicit purposes by trespassers, resulting in conditions that are unhealthy, unsafe, unsightly, and a blight upon the neighborhood and community at large, and that the demolition of uninhabitable structures will improve the security and quality of life in general of persons living nearby, will prevent blight and decay,and will safeguard the public health,safety, morals and welfare." Miami-Dade Country NSP Substantial Amendment 30 3 1 • A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or(b)above when there are one (1) or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises pf the subject structure during the period of six (6) months preceding the posting of notice by the Minimum Housing Enforcement Officer. In the administration of the demolition activity outlined in this Plan and when the code above does not meet the required standard for demolition Miami-Dade County will use the code Section 8.5 for"unsafe structures"and it is as follows: (2) Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, facilities with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein. (3) Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired,-prior to completion and no Certificate of Occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein. (4) Buildings which meet the physical criteria of unsafe structures set forth in this section, and are ordered to be repaired by the Building Official, an Unsafe • Structures Appeal Panel or the Unsafe Structures Board, in the manner more • particularly set forth below, which are not completed or repaired and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official or the Unsafe Structures Board, will be demolished. (5) Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and public welfare. If the-,stagnant water is not removed and all repairs made and brought into full compliance with the Building Code within the reasonable time allowed by the Building Official, then these swimming pools will be demolished. (6) Buildings or structures subject to the recertification requirements in Section 8- 11(f) of this Code which the owner fails to timely respond to the Notice of Required Inspection or fails to make all required repairs or modifications found to be necessary resulting from the recertification inspection by the deadline specified in the Code or any written extension granted by the Building Official will be demolished. (b) Physical criteria. (1) A building shall be deemed a fire hazard and/or unsafe when: (i) It is vacant, unguarded and open at doors or windows. (ii) There is an accumulation of debris or other material therein representing a hazard of combustion. Miami-Dade County NSP Substantial Amendment 31 (iii) The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular Occupancy. (2) A building, or part thereof, shall be presumed to be unsafe if: (i) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. (ii) There is a deterioration of the structure or structural parts. (iii) The building is partially destroyed. (iv) There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing. (v) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Building Code. (vi) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (vii) By reasons of use or occupancy the area, height, type of construction, fire- resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group of occupancy. (3) A building, or part thereof, shall be presumed to be unsafe if: (1) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefore having been obtained or where the permit has expired prior to completion and the issuance of a Certificate of Occupancy or Certificate of Completion. (ii) The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has not been completed. (iii) The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official, or for a period exceeding the maximum limitations set forth in this Section. (iv) By reason of illegal or improper use, occupancy or maintenance does not comply with the Building Code, or the code in effect at the time of construction. (v) The building or part thereof meets the physical cri=teria of an unsafe structure set forth above and has not been repaired and brought into compliance with the Building Code following the expiration Of the reasonable periods allowed by the Building Official, an Unsafe Structures Appeal Panel or the Unsafe Structures Board for such repairs. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSF'program —specific requirements such as continued affordability. Miami-Dade County NSP Substantial Amendment 32 l NSP Priority Rankings of Census Tract Block Groups by Index of Greatest Need Within Miami-Dade County CDBG Jurisdictional Area __ {' •' SA .T71-'-'71,'- .y-:. 'f r r •i r.• i� :ir �� l i ,...y. '....--"3,_-.,.�.Sr: . 1 4 S t y 'f LS .•'fiw'a av -•.,,.. / - ryi 5 j7„�'S C,�j7 1 r =r r_.-'..11- 5_,,.F;a 3a- --,•rl, .- i 4 t ----r �.a+';'� .E. ir ,�__,�-p, qe r �� '~"� - .py- +. LJti. 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F"-Y / .•�- tea: ',....r c�� .� Community& Economic Development 701 N.W. 1st Court • 14th Floor MIAMI-DADE Miami, Florida33136 ou T 786-469-2100 F 786-469-2236 Carlos Alvarez, Mayor miamidade.gov September 9, 2009 Charmaine Parchment, Grant Writer City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 RE: Interlocal Agreement Dear Ms. Parchment: Thank you for getting back to me so timely on the referenced agreement. I have enclosed four original agreements for signatures to be returned to our office for full execution. Once the agreements are fully executed I will forward an original to you for the City's records. If you have any questions regarding this letter, feel free to contact me at 786-469-2221, or via email at cdbrown @miamidade.gov. cerely, Clarence D. rown INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY, FLORIDA, AND THE CITY OF OPA-LOCKA, FLORIDA, REGARDING THE DEMOLITION ACTIVITY OF THE NEIGHBORHOOD STABILIZATION PROGRAM This is an Interlocal Agreement between Miami-Dade County, a political subdivision of the State of Florida (the "County") and the City of Opa-locka, a municipal corporation of the State of Florida (the "City"), entered into this day of , 2009 (the"Agreement"). RECITALS 1. The County was awarded $62,207,200 under the federal Neighborhood Stabilization Program (NSP) to address foreclosures and abandoned properties of which the County has allocated $1,000,000 to be used for the eligible use of demolition of blighted structures in areas in which at least 51 percent (51%) of the residents have incomes at or below one-hundred twenty percent (120%) area median income (AMI) as defined by the HUD Notice published in the Federal Register October 6, 2008, and subsequent Bridge Notice published June 11, 2009 ("NSP Guidelines"). 2. The County has adopted a definition for blighted structures that includes Chapter 17B and Section 8-5 of the Miami-Dade County Code of Ordinances which addresses uninhabitable and unsafe structures respectively. 3. The City has adopted the County code Chapter 17B and Section 8-5 by reference for participation in the eligible use demolition of blighted structures and this Agreement. 4. The County, by way of authorization granted through hnplementing Order 2- 11, solicited municipalities that were located in the highest and high priority areas as outlined in the County's NSP Substantial Amendment for demolition opportunities that the County would assist in accomplishing. 5. The City is responsible for identifying eligible units that meet the definition of blighted structures and are located in the areas that are designated as highest or high priority pursuant to the County's NSP Substantial Amendment. 6. The County has, through the Office of Capital Improvements, a pool of qualified demolition contractors available to complete the demolition. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are incorporated herein by reference. 2. Purpose. The County through its Neighborhood Stabilization Program is addressing the challenges associated with the destabilizing effects of foreclosures and abandoned properties on neighborhoods by assisting the City with demolition activities. 2 The County intends to work with the City to assist in mitigating the negative impacts that blighted structures have on communities. 3. County. The County upon receipt of the identification of the blighted structure will create a file specific to the affected property. The County will collect from the City all the documentation that is associated with the property of interest to determine compliance with all provisions of the NSP. Once the blighted structure definition has been satisfied the County will commence with the selection of a contractor for demolition and will work with City representatives to ensure completion of the demolition activity. In no event shall NSP funds be used to demolish structures that are not blighted. The County will pay the demolition contractor directly. Any eligible expenses, such as fees that are directly related to the demolition process, may be reimbursable. 4. City. The City will identify blighted structures for demolition. The City will document the eligibility of the site including the documentation that it meets the requirements of Chapter 17B or Section 8-5 of the Miami-Dade County Code of Ordinances relative to the demolition of uninhabitable or unsafe structures. The City will promptly submit documentation of the blighted designation to the County for review and approval. 5. Federal, State and Local Laws. Both Parties shall comply with all federal, state, and local laws governing the subject matter of this Agreement, including but not limited to the NSP Guidelines and the applicable requirements of 24 C.F.R. Part 570. The City shall provide the County all documentation required pursuant to the reporting requirements of the NSP program. In no event shall NSP funds be used to demolish structures that are not blighted. 3 6. Indemnification. To the extent allowed by Section 768.28, Florida Statues, the City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and cost of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of relating to or resulting from the performance of this Agreement by the City or its officers, employees, agents, servants, partners, principals, or subcontractors. To the extent allowed by Section 768.28, Florida Statues, the City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The City expressly agrees and understands that any insurance protection provided at the option of the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided to the extend allowed by Section 768.28, Florida Statues. 7. Termination. This Agreement may be terminated by either party for any or no cause by giving advance notice to the other party of not less than sixty (60) days in the manner set forth in Section 7 of this Agreement. S. Notice. Any notices to be given hereunder shall be in writing and shall deemed to have been given if sent by hand delivery or recognized overnight courier (such as Federal Express), or if by certified U.S. mail, with return receipt requested, addressed 4 to the party for whom it is intended, at the place specified. For the present, the parties designate the following as the respective places for notice purposes: If to the County: Miami-Dade County Manager Stephen P. Clark Center 111 N.W. 1st Street, Suite 2900 Miami, Florida 33128 With a copy to: Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. 1st Street, Suite 2800 Miami, Florida 33128 Attn: Brenda Kuhns Neuman With a copy to: Director Miami-Dade OCED 701 N.W. 1st Court, 14th Floor Miami, Florida 33136 If to the City: City Manager City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 With a copy to; City Attorney City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 9. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings, concerning the subject matter of this Agreement that are not contained in the documents. Accordingly, it is agreed that no deviation from the 5 teams hereof shall be predicated upon any prior representations or agreements whether oral or written. 10. Amendment. This Agreement may be amended or modified only by an agreement in writing and signed by the duly authorized representatives of the City and the County. 11. Term and Effective Date. This Agreement shall become effective upon the final execution by the duly authorized representatives of the City and the County and shall continue in force and effect until February 28, 2012 unless extended or terminated in accordance with the provisions contained herein. 12. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Exclusive venue for any litigation between the parties shall be in Miami-Dade County, Florida. 13. Conflict Resolution. The parties (in lieu of litigation) may seek to negotiate conflicts between them arising under this agreement pursuant to the "Florida Governmental Conflict resolution Act, Sections 164.101 — 164.1061, Florida Statues. 14. Severability. If any term or provision of this Agreement or the application of either shall to any extent be determined to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other that those with respect to which it is invalid or unenforceable, shall not be affected, and the remainder of this Agreement shall be enforced to the extent permitted by law. 6 15. Assignment. Neither this Agreement nor any term or provision hereof or right hereunder shall be assignable by any parties, and any attempt to make such assignment shall be void. 16. Waiver. The failure of either party to this Agreement to object or take affirmative action with respect to any conduct of the other party which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Interlocal Agreement this day of 2009. ATTEST: Miami-Dade County, Florida By: By: DIANE COLLINS GEORGE M. BURGESS As Deputy County Clerk Miami-Dade County Manager Approved as to form and legal sufficiency Assistant County Attorney ATTEST: City of Opa-locka, Florida By: By: DEBORAH S. IRBY BRYAN FINNIE As City Clerk Interim City Manager 7