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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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