HomeMy Public PortalAbout13-8668 CRA Redevelopment Plan Sponsored by: City Manager
RESOLUTION NO. 13-8668
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING OPA-LOCKA
COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD
AMENDING THE OPA-LOCKA CRA REDEVELOPMENT PLAN
TO INCLUDE A REVISED LEGAL DESCRIPTION,ATTACHED
AS ATTACHMENT "C" OF THE APPROVED INTERLOCAL
AGREEMENT; PROVIDING INCORPORATION OF RECITALS;
PROVIDING AN EFFFECTIVE DATE
WHEREAS,the City Commission of the Opa-locka desires to approve the Opa-locka
Community Redevelopment Agency ("CRA") amending the CRA Redevelopment Plan to
include a revised legal description, attached as Attachment"C", of the approved Interlocal
Agreement.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka,Florida,hereby approves the
Community Redevelopment Agency(CRA)Board amending the Opa-locka CRA Redevelopment
Plan to include a revised legal description,attached as Attachment"C"of the Approved Interlocal
Agreement.
Resolution No. 13-8668
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13th day of August, 2013.
,111 4
'RA Tf LOR
' MAYOR
Attest to: Approved as to form and legal sufficienc :
,A 41
Sha'mecca Lawson roseph . Gelle
Deputy Clerk 1 t REE 1 SPOON MARDER, PA
City Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: OUT OF ROOM
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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Sponsored by: CRA City Attorney
RESOLUTION
A RESOLUTION OF TH E OPA-LOCKA COMMUNITY
REDEVELOPMENT AGENCY(CRA) BOARD TO AMEND THE
OPA-LOCKA CRA REDEVELOPMENT PLAN TO INCLUDE A
REVISED LEGAL DESCRIPTION, ATTACHED AS
ATTACHMENT "C" OF THE APPROVED INTERLOCAL
AGREEMENT;PROVIDING INCORPORATION OF RECITALS;
PROVIDING AN EFFFECTIVE DATE
WHEREAS,the Opa-locka Community Redevelopment Agency("CRA") desires to
amend the CRA Redevelopment Plan to include a revised legal description, attached as
Attachment "C", of the approved Interlocal Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE COMMUNITY
DEVELOPMENT AGENCY BOARD OF THE CITY OF OPA-LOCKA,FLORIDA:
Session 1. The recitals to the preamble herein are incorporated by reference.
Session 2. The Opa-locka Community Redevelopment Agency Board("CRA")hereby
amends the Opa-locka CRA Redevelopment Plan, attached as Attachment "C" of the approved
Interlocal Agreement,to include a revised legal description.
Session 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this_ day of , 2013.
Joseph L. Kelley, CHAIR
Resolution No
Attest to: Approved as to form and legal . fficiency:
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Joanna Flores �1 •Josh• . eller
City Clerk 1.RE SPOON MARDER, PA
C° • Board Attorney
Moved by:
Seconded by:
Board Vote:
Board Member Timothy Holmes:
Board Member Dorothy Johnson:
Board Member Myra Taylor: _
Vice-Chair Luis Santiago:
Chair Joseph Kelley:
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ATTACHMENT B
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement"), made this
day of , 20 , by and between Miami-Dade County, Florida, a political
subdivision of the State of Florida (the "County"), the City of Opa-Locka, Florida, a political
subdivision of the State of Florida (the "City") and the Opa-Locka Community Redevelopment
Agency, or its successor, a public body corporate and politic (the "Agency").
WHEREAS, the Mayor and City Commission of the City of Opa-Locka (the "City")
adopted Resolution No. 10-8043 on April 14, 2010, providing a Finding of Necessity declaring
that a blighted area, defined in Section 163.340, Florida Statutes, exists within the City's
boundaries, and;
WHEREAS, the Mayor and City Council further declared in Resolution No. 10-8043 that
the rehabilitation, conservation, redevelopment, or a combination thereof, of such area is
necessary in the interest of the public health, safety, morals, or welfare of the residents of the
City of Opa-Locka; and
WHEREAS, on , 2012 the Board of County Commissioners of Miami-Dade
County, Florida (the "Board"), which is the governing body , adopted Resolution R- -12
declaring a certain geographic area of the County known as proposed Opa-Locka Community
Redevelopment Area generally bounded on the north by NW 151st Street, on the west by the
Opa-Locka Executive Airport (Douglass Road), on the south by the Tri-Rail corridor, and on the
east by a constructed stormwater lake (City Limits), such area being more particularly described
in the approved Opa-Locka Community Redevelopment Plan and incorporated herein by this
reference (the "Opa-Locka Community Redevelopment Area" or "Redevelopment Area"), to be a
slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination
thereof to be necessary in the interest of the public health, safety, morals or welfare of the
residents of the Redevelopment Area and the County, and found the need for the creation of a
community redevelopment agency; and
WHEREAS, pursuant to Resolution No. adopted by the Board on
, 2012, the County has, among other things, approved and adopted the Opa-
Locka Community Redevelopment Plan (the "Plan") to enable the Agency to undertake
redevelopment of the Redevelopment Area; and
WHEREAS, pursuant to Ordinance No. enacted by the Board on
, 2012, the Board has approved the creation of a community redevelopment
trust fund, known as the Opa-Locka Community and Revitalization Trust Fund (the "Fund") and
has provided for the calculation and appropriation of tax increment funds into such Fund; and
WHEREAS, the City played a major role in the preparation of the Plan; and
WHEREAS, the County, the City and the Agency desire to delineate their areas of
responsibility with respect to the redevelopment of the Redevelopment Area.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the County, the City and the Agency agree as follows:
I. Delegation of Powers
A. With the exception of the community redevelopment powers that continue to vest
in the Board pursuant to Section 163.358, Florida Statutes, the Agency shall have the right and
sole responsibility to exercise the following redevelopment powers specifically delegated by the
Board pursuant to the Act:
(1) The power to make and execute contracts and other instruments necessary
or convenient to the exercise of its powers pursuant to the Act.
(2) The power to disseminate slum clearance and community redevelopment
information.
(3) The power to undertake and carry out community redevelopment and
related activities within the Redevelopment Area, which redevelopment may include:
(a) Acquisition of a slum area or a blighted area or portion thereof;
(b) Demolition and removal of buildings and improvements;
(c) Installation, construction, or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for carrying
out in the Redevelopment Area the community redevelopment
objectives of the Act in accordance with the Plan;
(d) The power to dispose of any property acquired in the
Redevelopment Area at its fair value for uses in accordance with
the Plan;
(e) The power to carry out plans for a program of voluntary or
compulsory repair and rehabilitation of buildings or other
improvements in accordance with the Plan;
(0 The power to acquire real property in the Redevelopment Area
which, under the Plan, is to be repaired or rehabilitated for dwelling
use or related facilities, repair or rehabilitation of the structures for
guidance purposes, and resale of the property;
(g) The power to acquire any other real property in the Redevelopment
Area when necessary to eliminate unhealthful, unsanitary or unsafe
conditions; lessen density; eliminate obsolete or other uses
detrimental to the public welfare; or otherwise to remove or prevent
the spread of blight or deterioration or to provide land for needed
public facilities;
(h) The power to acquire without regard to any requirement that the
area be a slum or blighted area, of air rights in an area consisting
principally of land in highways, railway, or subway tracks, bridge
or tunnel entrances, or other similar facilities which have a
blighting influence on the surrounding area and over which air
rights sites are to be developed for the elimination of such blighting
influences and for the provision of housing (and related
facilities and uses) designed specifically for, and limited to,
families and individuals of low or moderate income;
(i) The power to construct foundations and platforms necessary for
the provision of air rights sites of housing (and related facilities and
uses) designed specifically for, and limited to, families and
individuals of low or moderate income.
(4) The power to provide, or to arrange or contract for, the furnishing or repair
by any person or agency, public or private, of services, privileges, works, streets, roads, public
utilities, or other facilities for or in connection with a community redevelopment plan; to install,
construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements;
and to agree to any conditions that it deems reasonable and appropriate which are attached to
federal financial assistance and imposed pursuant to federal law relating to the determination of
prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying
out of a community redevelopment plan and related activities, and to include in any contract let
in connection with such redevelopment and related activities provisions to fulfill such of the
conditions as it deems reasonable and appropriate;
(5) The power to enter into any building or property in the Redevelopment
Area in order to make inspections, surveys, appraisals, soundings or test borings and to obtain
an order for this purpose from a court of competent jurisdiction in the event entry is denied or
resisted;
(6) The power to acquire by purchase, lease, option, gift, grant, bequest,
devise or otherwise any real property (or personal property for its administrative purposes),
together with any improvements thereon;
(7) The power to hold, improve, clear or prepare for redevelopment any such
property;
(8) The power to mortgage, pledge, hypothecate, or otherwise encumber or
dispose of any real property;
(9) The power to insure or provide for the insurance of any real or personal
property or operations of the Agency against any risks or hazards, including the power to pay
premiums on any such insurance;
(10) The power to enter into any contracts necessary to effectuate the purposes
of the Act; and
(11) The power to solicit requests for proposals for redevelopment of parcels of
real property contemplated by the Plan to be acquired for redevelopment purposes by the
Agency and, as a result of such requests for proposals, to advertise for the disposition of such
real property to private persons pursuant to Section 163.380, Florida Statutes, prior to
acquisition of such real property by the Agency.
(12) The power to invest any community redevelopment funds held in reserves
or sinking funds or any such funds not required for immediate disbursement in property or
securities in which savings banks may legally invest funds subject to their control and to redeem
such bonds as have been issued pursuant to Section 163.385, Florida Statutes, at redemption price
established therein or to purchase such bonds at less than the redemption price, all such bonds so
redeemed or purchased to be canceled.
(13) Subject to prior approval of the Board, which approval or disapproval shall
be in the sole and absolute discretion of the Board, the power to borrow money and to apply for
and accept advances, loans, grants, contributions, and any other form of financial assistance
from the Federal Government or the state, county, or other public body or from any sources,
public or private, for the purposes of the Act and to give such security as may be required and to
enter into and carry out contracts or agreements in connection therewith; and to include in any
contract for financial assistance with the Federal Government for or with respect to community
redevelopment and related activities such conditions imposed pursuant to federal laws as the
Agency deems reasonable and appropriate which are not inconsistent with the purposes of the
Act. It is the expressed intent of the Agency not to issue bonds or use any other form of
indebtedness until such time as required by a development when bonding or indebtedness is
required to complete the project. Accordingly, the parties agree that any development shall be
funded by the Agency when the County has determined that said developments are ready to
proceed.
(14) The power to make or have made all surveys and plans necessary to the
carrying out of the purposes of the Act; to contract with any person, public or private, in making
and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans
may include, but are not limited to:
(a) Plans for carrying out a program of voluntary or compulsory repair
and rehabilitation or buildings and improvements; and
(b) Appraisals, title searches, surveys, studies, and other plans and
work necessary to prepare for the undertaking of community
redevelopment and related activities.
(15) The power to develop, test, and report methods and techniques, and carry out
demonstrations and other activities, for the prevention and the elimination of slums and urban
blight and developing and demonstrating new or improved means of providing housing for
families and persons of low income.
(16) The power to apply for, accept, and utilize grants of funds from the Federal
Government for such purposes.
(17) The power to prepare plans for and assist in the relocation of persons
(including individuals, families, business concerns, nonprofit organizations, and others)
displaced from the Redevelopment Area and to make relocation payments to or with respect to
such persons for moving expenses and losses of property for which reimbursement or
compensation is not otherwise made, including the making of such payments financed by the
Federal Government.
(18) The power to appropriate such funds and make such expenditures as are
necessary to carry out the purposes of the Act.
II. Miami-Dade County or Other Taxing Authority Representation
A. The County Mayor or the County Mayor's designee shall designate a Redevelopment
Area Coordinator(the "Redevelopment Area Coordinator"). The Redevelopment Area
Coordinator shall serve as the County's liaison to the Agency for the Redevelopment Area. The
Redevelopment Area Coordinator shall carry out the day-to-day County responsibilities for the
Redevelopment Area and shall be the designated person to receive all data and reports pertaining
to the Plan. Additionally the Agency shall deliver copies of all CRA agendas and agenda items to
the Redevelopment Area Coordinator prior to each CRA meeting.
B. The City either directly or through the Agency, shall be responsible for
implementing and conforming to the Plan, including developing and implementing proposals for
indebtedness and bond financing, acquisition, disposition and relocation activities, coordination
and implementation of the design and construction of public improvements necessary to support
the redevelopment of the Redevelopment Area, and such other projects and activities as are
contemplated by the Plan. The Agency shall deliver copies of all accepted proposals for the
Redevelopment Area to the Redevelopment Area Coordinator.
C. All proposals related to amendments to the Plan and proposals for indebtedness
and bond financing shall be subject to review and approval by the Board. The Redevelopment
Area Coordinator shall submit all proposals related to amendments to the Plan and proposals for
indebtedness and bond financing to the County for review and recommendation and the Mayor
or the Mayor's designee shall submit said recommendation to the Board for its final approval.
The Redevelopment Area Coordinator shall review all proposals prior to review by the County
and the Board.
D. The annual budget and progress reports shall be submitted to the County in a
format approved by the County. The annual budget for the Agency and the Redevelopment Area
shall be subject to review and approval by the Board. The annual budget shall be submitted to
the County no later than October 30th of each fiscal year. With the exception of the debt service
payment on current bond obligations financed by tax increment revenues, no funds on deposit in
the Fund may be expended by the Agency until the annual budget has been approved by the
Board. At the request of the County, the Agency shall submit additional progress reports on the
Plan and Redevelopment Area activities.
E. Once the Board approves and adopts any amendments and modifications to the
Plan, such amendments and modifications shall become a part of the Plan and the powers
delegated to the Agency pursuant to this Agreement shall be exercisable with respect to such
amendments and modifications.
V. Land Disposition
Any disposition of land within the Redevelopment Area by the Agency shall be
accomplished in accordance with applicable provisions of federal, State and local laws, the Plan
and this Agreement pursuant to the Act.
VI. Other Redevelopment Area Activities
A. The City either directly or through the Agency, shall be responsible for the
administration and funding of all relocation activities. Six (6) months prior to the
Pursuant to section 163.356(2) of the Florida Statutes, one or more members of the Board
may be appointed to serve on the Agency's Board of Commissioners and said County
Commissioner shall be vested with the same rights, duties and obligations as any other Agency
commissioner. Said membership on the Agency's Board of Commissioners shall be considered an
additional duty of office as prescribed by section 163.356(2) of the Florida Statutes.
III. Implementation of the Plan
A. The redevelopment powers listed in Section I herein may be exercised only with
respect to the Redevelopment Area and only with respect to the Plan as approved by the Board,
together with any supplements or amendments to the Plan, provided that any amendments and
supplements to the Plan must also be approved by the Board. The City and the Agency herby
expressly agree that the Plan as approved by the Board pursuant to Resolution R -
is for a twenty (20) year period. The City and the Agency agree that six (6) months prior to the
expiration of the twenty (20) year term, they shall prepare, adopt and bring forward to the Board a
supplement outlining the accomplishments of the Agency and the proposed projects for the
second phase of redevelopment in the Area. If the Board does not approve the supplement, this
Agreement shall be deemed terminated thirty (30) days after such Board action, upon which time
the Agency and the City shall no longer have the right to exercise the redevelopment powers
delegated in this Agreement. Conversely, if the Board approves the supplement for the second
phase of redevelopment and the corresponding amendment to this Agreement, the Agency and the
City, as the case may be, may continue to exercise the powers conferred by the Board to such
entity pursuant to this Agreement, as amended, and the amended Plan if applicable.
B. No more than twenty percent (20%) of the tax increment funds deposited annually
into the Trust Fund annually shall be used for total administrative expenses allowable under
Section 163.387(6)(a), Florida Statutes (including indirect and overhead expenses which may not
exceed six percent (6%) of such contemplated to be spent under the Plan). All expense items
chargeable to the twenty (20%) administrative cap shall be shown as individual line items in the
annual budget prepared by the Agency and submitted to the Board. This 20% cap shall take
effect in the 7T" year of TIF funding. For the first seven years, administrative expenses shall not
exceed $200,000, the City may front these costs to the CRA and may be reimbursed. Any
administrative expenses over the $200,000, or any other expenses incurred by the agency shall
not be reimbursed to the City. The County shall charge, and the Agency shall pay to the County,
no later than March 31, an annual administrative fee ("County Administrative Fee"). The fee
shall be based on a percentage of the County's payment to the Agency and shall be determined
annually by the County. This County Administrative Fee shall not exceed 1.5% of the County's
payment to the Agency. The County Administrative Fee shall not be included in the (20%) limit
on administrative expenses defined in this section.
C. The Agency shall ensure that the staff of the Agency shall be racially and
ethnically diverse, in accordance with applicable law.
IV. City/County Coordination
commencement of redevelopment activities, which may result in the displacement of persons,
the Agency shall establish residential relocation procedures for the relocation of such persons
(the "Local Relocation Procedures") and shall submit such Local Relocation Procedures to the
Board for review and approval. In addition to any applicable federal, State or local law, the
Local Relocation Procedures shall apply in all relocation cases within the Redevelopment Area;
provided, however, if federal funds are received by the Agency for the project which requires
residential relocation, the Agency shall follow the relocation procedures set forth in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 United States
Code, Chapter 61, Section 4601, et seq. The Agency may contract with County agencies to
assist in residential relocation.
B. The City either directly or through the Agency, shall cause an independent audit
of the Fund each fiscal year by an independent Certified Public Accountant or Accounting firm
in compliance with section 163.387(8) of the Florida Statutes. A report of such audit shall be
prepared by CPA or firm. Such report shall describe the amount and source of deposits into, and
the amount and purpose of withdrawals from, the trust fund during such fiscal year and the
amount of principal and interest paid during such year on any indebtedness to which increment
revenues are pledged and the remaining amount of such indebtedness. The Agency shall provide
by registered mail a copy of the report to the Board.
C. In compliance with section 163.356 of the Florida Statutes, the Agency shall
submit to the Board, on or before March 31 of each year, a report of activities for the preceding
fiscal year, which report shall include a complete financial statement setting forth its assets,
liabilities, income, and operating expenses as of the end of the fiscal year. At the time of filing
the report, the agency shall publish in a newspaper of general circulation in the community a
notice to the effect that such report has been filed with the County and that the report is
available for inspection during business hours in the office of the Clerk of the Board and in the
office of the Agency.
D. All redevelopment activities conducted with respect to the Redevelopment Area
shall be in conformance with the Plan as the same may be amended. Any amendments to the
Plan as required by Section 163.361, Florida Statutes, must have prior approval of the Board
before the Agency may implement the changes contemplated by the amendment. If approved,
however, the Agency may implement the amendments thereto.
E. The Agency shall include language in any loan agreement, grant agreement or
other agreements or contracts entered into between the Agency and business involved in the
redevelopment effort of the Redevelopment Area which states that, as a condition to the
business' receipt of monies or incentives from the Agency, any new jobs created as a result of
the redevelopment shall be awarded so that such group of employees is a racially and ethnically-
diverse group, in accordance with applicable law.
VII. Project Financing
A. The City, either directly or through the Agency, shall establish and maintain the
Fund, as required by applicable law.
B. The City, either directly or through the Agency, shall develop and promulgate
rules, regulations and criteria whereby the Fund may be promptly and effectively administered,
including the establishment and the maintenance of books and records and adoption of
procedures whereby the Agency may expeditiously and without undue delay, utilize such funds
in accordance with the Board approved budget for the Redevelopment Area.
C. The City, either directly or through the Agency, shall encourage the participation of
and utilize small and minority businesses, specifically with respect to bond counsel, underwriters'
counsel and underwriting services, in the development of the Redevelopment Area.
D. The City, either directly or through the Agency, may sell bonds and execute notes
and other forms of indebtedness, as well as collateral documents, to finance capital
improvements deemed necessary for the Redevelopment Area; however, County approval as to
amount, duration and purpose of such bonds, notes or other indebtedness, including advances
pledging or obligating tax increment revenues, must be obtained prior to issuance of any such
bond, note or other form of indebtedness including advances pledging or obligating tax
increment revenues. The County's obligation to annually appropriate to the Fund shall continue
until all loans, advances and indebtedness, if any, and interest thereon, of the Agency incurred as
a result of redevelopment in the Redevelopment Area, have been paid, or for as long as required
by applicable law, whichever is later. In no year shall the County's obligation to the Fund exceed
the amount of that year's tax increment as determined pursuant to Ordinance No. 11-52. On the
last day of the fiscal year of the Agency, any money which remains in the Fund after payment of
expenses pursuant to Section 163.387(6), Florida Statutes, for such year shall be: (1) returned to
each taxing authority which paid the increment in the proportion that the amount of the payment
of such taxing authority bears to the total amount paid into the Fund by all taxing authorities
within the Redevelopment Area for the year; (2) used to reduce the amount of any indebtedness
to which increment revenues are pledged; (3) deposited into an escrow account for the purpose
of later reducing any indebtedness to which increment revenues are pledged; or (4) appropriated
to a specific redevelopment project pursuant to the approved Plan which project will be
completed within three (3) years from the date of such appropriation.
VIII. Citizen Participation
A. To carry out the citizen participation process, the Agency shall utilize community
groups and seek community involvement and consider citizen input in the development of
Redevelopment Area activities.
IX. Opa-Locka Community Redevelopment Agency Board
A. The Community Redevelopment Agency Board shall consist of the City
Commission Board, plus two (2) members of the Miami-Dade County Commission.
A. The City/and or the Agency, shall consider any reasonable request of the County
with respect to implementing any plan of action related to the Plan. The City/and or the Agency
shall develop implementation schedules and timetables for all significant Redevelopment Area
activities as determined by the City/and or the Agency, copies of which shall be delivered to the
Redevelopment Area Coordinator beginning one year from the implementation of this
Agreement. The City/and or the Agency shall also deliver additional interim reports to the
County upon request.
(1) The Redevelopment Area Coordinator shall receive from the City/and or
the Agency advance notice of all public meetings related to development of projects pursuant to
this Agreement and on a regular basis, information regarding the progress of all such
development through the design and construction of such projects.
(2) During construction, the County shall have the right to attend all such
public meetings and inspect the projects being developed at all reasonable times subject to
reasonable restrictions imposed by the contractor.
(3) The City/and or the Agency shall consult regularly with the
Redevelopment Area Coordinator in order to keep the County reasonably informed throughout
the duration of the planning, design and construction of such redevelopment projects. The City
either directly or through the Agency shall be required to have an outside independent audit on
an annual basis to monitor and investigate compliance with the terms of this Agreement. The
right of the auditor to investigate, monitor, inspect, copy, review, verify and check operations
and records of the Agency shall include, but not be limited to, all of its employees, consultants,
agents or authorized contractors and subcontractors, as well as, all administrative and operational
facilities used by the Agency and the County in connection with all matters arising under this
Agreement. Records include, but are not limited to, construction, financial, correspondence,
instructions, memoranda, bids and contract documents, as well as all other records pertaining to
the planning, development and construction of projects pursuant to this Agreement. Any rights
that the County has under this provision shall not be the basis for any liability to accrue to the
County from the Agency or third parties for such monitoring or investigation or for the failure to
have conducted such monitoring or investigation.
XI. Assurances Regarding Affair rative Action
A. As part of this Agreement the City/and or the Agency shall follow applicable
federal, State and County laws and regulations concerning affirmative action and
race/ethnic/gender conscious concerns all in accordance with applicable law.
XII. Indemnification and other
A. The City and Agency 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 costs 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 and Agency or its employees, agents, servants, partners principals or
subcontractors. The City and Agency 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 attorney's fees which may be .issued thereon. Provided, however, this indemnification shall
only be to the extent and within the limitations of Section 768.28Fla Stat., subject to the
provisions of that Statute whereby the City and Agency shall not he held liable to pay a
personal injury or property damage claim or judgment by anyone person which exceeds the sum
of$100,000, or any claim or judgment or portions thereof, which, when totaled with all other
claims or judgment pay by the City and Agency arising out of the same incident or occurrence,
exceed the sum of$200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the negligence of the City
and Agency.
B. Third Party Beneficiaries. None of the parties intend to directly or substantially
benefit any third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against either of them based upon this Agreement.
C. All parties have substantially contributed to the drafting and negotiation of this
Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties than any other. The parties hereto acknowledge that they
have thoroughly read this Agreement, including all exhibits and attachments hereto, and have
sought and received whatever competent advice and counsel was necessary for them to form a full
and complete understanding of all rights and obligations herein.
D. Jurisdiction: This Agreement shall be interpreted and construed in accordance with
and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement
shall be in Miami-Dade County, Florida;
E.Severance: Should any clause or provision of this Agreement be determined to be
illegal, invalid or unenforceable under any present or future law by final judgment of a court of
competent jurisdiction, the remainder of this Agreement will not be affected thereby. It is the
intention of the parties that if any such provision is held to be illegal, invalid or unenforceable,
there will be added in lieu thereof a legal, valid and enforceable provision that is as similar as
similar as possible in terms to the illegal invalid or unenforceable provision, which is agreed to
by all parties.
F.Waiver: No express or implied consent or waiver by a party to or of any breach or dealt
by the other party in the performance by such other party of its obligations under this Agreement
will be deemed or construed to be a consent or waiver to or of any other breach or dealt in the
performance by such other party of the same or any other obligations of such other party
hereunder. Failure by a party to complain of any act or failure to act of the other party or to
declare the other party in default, irrespective of how long such failure continues will not
constitute a waiver by such party of it rights hereunder. The giving of consent by a party in
anyone instance will not limit or waive the necessity to obtain such party's consent in any future
instance.
XIII. Miscellaneous
I
A. This Agreement may be amended only by the written agreement signed by the
Agency and the County.
B. This Agreement, or any part thereof, is not assignable by the Agency without the
express written consent of the County.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed in
their names by their duly authorized officers and the corporate seals to be affixed hereto, all as of
the day and year first above written.
WITNESS our hands and seals on this day of , 20
MIAMI-DADE COUNTY, FLORIDA, Opa-Locka, Florid
a political subdivision of the State of Florida ::0hit1 ica bdiv i n o he State of Florida
By: .
County Mayor City anager
By: By:
Deputy Clerk City Clerk
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR THE COUNTY: SUFFICIENCY FOR THE CITY:
By: By:
Assistant County Attorney City Attorney
OPA-LOCKA COMMUNITY REDEVELOPMENT AGENCY, a public
body corporate and politic
\kih. A 'A la 6.1/I I
Ch Vi'''per•• Execu .ve Di -ct•r
ATTEST:
Approved As To Form An. Legal Sufficiency For The Board
By:
Board Clerk Board Attorney