Legislative Matter

Miami-Dade Legislative Item
File Number: 110083

Printable PDF Format

Clerk's Official Copy

File Number: 110083

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-138-11

Control: County Commission

File Name: 7TH AVENUE TRANSIT DEVELOPMENT PROJECT

Introduced: 1/7/2011

Requester: General Services Administration

Cost:

Final Action: 3/1/2011

Agenda Date: 3/1/2011

Agenda Item Number: 8F1C

Notes:

TLL- 1/7/2011

Title:

RESOLUTION APPROVING THE SELECTION OF CARLISLE DEVELOPMENT GROUP, LLC, AS THE DEVELOPER FOR THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND (GOB) REQUEST FOR QUALIFICATIONS NO. 743, NW 7TH AVENUE TRANSIT DEVELOPMENT PROJECT; WAIVING REQUIREMENTS OF SECTION 2-8.4 OF THE MIAMI-DADE CODE PERTAINING TO BID PROTEST PROCEDURES; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXECUTE A GROUND LEASE WITH CARLISLE DEVELOPMENT GROUP, LLC FOR THE STATED DEVELOPMENT CONCEPT ON COUNTY-OWNED PROPERTY; APPROVING THE ASSIGNMENT OF LEASE AGREEMENT FROM CARLISLE DEVELOPMENT GROUP, LLC TO CDG SEVENTH AVENUE HOLDINGS, LLC; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

Indexes:

BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND

Sponsors:

NONE

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/1/2011	8F1C	Adopted				P

Commission Auditor1	2/16/2011		Legislative notes attached		3/1/2011

Internal Mgmt. & Fiscal Responsibility Committee	2/8/2011	3B	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioner Edmonson made a video and oral presentation regarding goals for the proposed NW 7th Avenue Transit Village, which she noted would include residential, commercial and transit components, pursuant to the residents’ wishes, and would provide for work and recreation and revitalize a currently dilapidated area in Liberty City. She said the project was long-awaited and she spoke about its history. Commissioner Edmonson noted the County was bound to follow the rules governing the use of taxpayer and federal monies. She also noted that a Disadvantaged Business Enterprise (DBE) goal of 25% was assigned to the transit portion of the project and staff would assign goals for the other portions once construction and design plans were complete. Commissioner Edmonson advised that some provisions included in the Request for Proposals (RFP) for this project were: local job and apprenticeship for area residents, Davis Bacon/prevailing wages, the Department of Small Business Development to administer DBE contracting, an entrepreneurial center, community events at the Carver Theater, and programs for overcoming past issues affecting current job opportunities. Commissioner Edmonson allowed the following persons to speak in connection with the foregoing resolution: Mr. Sam Gilmore, 3171 NW 57 Street, asked that the RFPs for projects in black communities request each outside developer to collaborate with an African American developer. Mr. Daryl Reeves (phonetic), Miami Shores, asked that provisions be made for members of the black community to do a fair amount of the construction work occurring in their neighborhoods. Mr. Gihan Perera, Miami Workers Center, 6127 NW 7th Av., noted the Center was a tenant in a current building on the development site. He spoke in support of a written, legal agreement between the developer and the community setting forth quotas for job participation by members of the community, job training, contractors, housing, etc. Mr. Green noted his business, Green’s Dream Shoe Repair, 668 NW 62 St., had been operating on the development site for 50 years. He noted despite being told the development would not include his business, he was asking that something be submitted to him in writing regarding how his business could be preserved. Pastor Willie McCrae, Redemption Missionary Baptist Church, 1723 NW 78th St., concurred with Mr. Perera and Mr. Reeves. Ms. Lashavia Burns (phonetic), 1553 NW 52 Street, asked if any assurances existed that members of her community could secure jobs on construction sites in her community. Mr. Kevin Scott, 5594 NW 17 Av., noted monitoring and compliance for community participation in community projects had failed, resulting in only 3-4% participation, and therefore a sense of disenfranchisement. He asked for stronger monitoring and compliance measures, particularly a minimum participation rate of 10-20%. Mr. Al Hardeman (phonetic), 655 NW 48 Street, spoke in support of employing members of multiple ethnic groups within the County on each County project. He noted that since Miami Workers Center failed at monitoring compliance on a previous project, someone else should lead efforts to monitor compliance on the proposed project. Mr. James Brady (phonetic), Gospel True Workforce, noted people in his community were educated, skilled, and ready to work on neighborhood projects. He asked that people stop saying they were “trying” to provide the jobs and instead, provide them. Mr. Dewey Davis, Jr., (phonetic) 736 NW 47 Terrace, noted violence in his community was due to a lack of jobs. Mr. Matt Greer, Chief Executive Officer (CEO) of the Carlisle Group, responded to the speakers’ concerns. He noted members of his Group strongly agreed that federal and state monies for this project should stay in the immediate area. He noted Carlisle Group had traditionally partnered with local entities, and on this project, would partner with Miami native Ivan Yaeger. Mr. Greer advised that the proposed project would provide 35% local participation for the immediately surrounding areas of Allapattah and Brownsville. He also noted the County, not the Carlisle Group, decided which entity would monitor compliance with project goals. Mr. Greer noted this project provided the County with a chance to secure even more funds from the federal government. Mr. Albert Milo, Urban Development Group, the second-ranked firm in the Request for Qualifications (RFQ) associated with this project, expressed concern that the project’s agreement and lease did not reflect the type of financing which the Carlisle Group said it would use for Phase I of the project. He asked that Carlisle Group adhere to its commitment, noting nothing different should be negotiated “after the fact”. Commissioner Edmonson noted she regularly visited sites being developed by the Carlisle Group, and saw a representative sample of her community working there; however, she still encouraged members of Carlisle to be aware of the residents' concerns in District 3. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing resolution as presented.

County Manager	1/27/2011		Referred	Internal Mgmt. & Fiscal Responsibility Committee	2/8/2011

County Attorney	1/13/2011		Assigned	Bruce Libhaber	1/14/2011

County Manager	1/7/2011		Assigned	Howard Piper	1/7/2011	1/7/2011

County Manager	1/7/2011		Assigned	County Attorney	3/1/2011
REPORT:	GSA (ASST. COUNTY ATTY: BRUCE LIBHABER)

Legislative Text

TITLE
RESOLUTION APPROVING THE SELECTION OF CARLISLE DEVELOPMENT GROUP, LLC, AS THE DEVELOPER FOR THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND (GOB) REQUEST FOR QUALIFICATIONS NO. 743, NW 7TH AVENUE TRANSIT DEVELOPMENT PROJECT; WAIVING REQUIREMENTS OF SECTION 2-8.4 OF THE MIAMI-DADE CODE PERTAINING TO BID PROTEST PROCEDURES; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE A GROUND LEASE WITH CARLISLE DEVELOPMENT GROUP, LLC FOR THE STATED DEVELOPMENT CONCEPT ON COUNTY-OWNED PROPERTY; APPROVING THE ASSIGNMENT OF LEASE AGREEMENT FROM CARLISLE DEVELOPMENT GROUP, LLC TO CDG SEVENTH AVENUE HOLDINGS, LLC; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board ratifies and adopts those matters set forth in the foregoing recitals and approves the selection of Carlisle Development Group, LLC as the developer for the Building Better Communities General Obligation Bond (GOB) request for Qualifications No. 743, NW 7th Avenue Transit Development Project; waives the requirements of Section 2-8.4 of the Miami-Dade Code pertaining to bid protest procedures; authorizes the County Mayor or County Mayor�s designee to execute the Ground Lease with Carlisle Development Group, LLC for the stated development concept of County-owned property; approves the Assignment of Lease Agreement from Carlisle Development Group, LLC to CDG Seventh Avenue Holdings, LLC; and authorizes the County Mayor or County Mayor�s designee to exercise any and all other rights conferred therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Approving the Selection of Carlisle Development Group, LLC as the Developer for the Building Better Communities General Obligation Bond (GOB) Request for Qualifications No. 743, NW 7th Avenue Transit Development Project; waiving requirements of Section 2-8.4 of the Miami-Dade Code Pertaining to Bid Protest Procedures; authorizing the County Mayor or the County Mayor�s Designee to execute a Ground Lease with Carlisle Development Group, LLC for the stated development concept on County-owned property; and approving the Assignment of Lease Agreement from Carlisle Development Group, LLC to CDG Seventh Avenue Holdings, LLC; and authorizing the County Mayor or the County Mayor�s Designee to exercise any and all rights conferred therein

STAFF RECOMMENDATION
Recommendation

It is recommended that the Board of County Commissioners adopt the attached resolution approving the selection of Carlisle Development Group, LLC (Carlisle) as the developer for the Building Better Communities General Obligation Bond (GOB) NW 7th Avenue Transit Village Development Project; waiving the requirements of Section 2-8.4 of the Miami-Dade County Code pertaining to bid protest procedures; authorizing the County Mayor or the Mayor�s designee to execute the attached Lease and approving the Assignment of Lease Agreement from Carlisle Development Group, LLC to CDG Seventh Avenue Holdings, LLC; and authorizing the County Mayor or the Mayor�s designee to exercise any and all rights contained therein. Because the property was purchased with Federal Transit Administration (FTA) funds, the lease agreement is subject to approval by the FTA.

Scope

The NW 7th Avenue Transit Village, a mixed-use transit-oriented development (TOD), will be developed on 2.48 acres of County-owned property located on the south-east quadrant of NW 62 Street and NW 7 Avenue in District 3 with the primary goal of revitalizing the neighborhood�s commercial area. Carlisle�s proposed development, as outlined in the attached lease for your approval, is comprised of several components:

* a transit hub and bus station with four covered bus bays and amenities for both the drivers and the public contained within an indoor office and waiting area
* two phases totaling at least 161 one, two and three bedroom units targeting families with an income of no more than 60% of the AMI (Area Median Income), with 50% set aside as senior housing
* approximately 27,000 square feet of retail/commercial space
* a new, 120 seat multi-purpose theater for both public and County use with an arts center component attached to the theater
* a multi-level parking garage with adequate parking for all residents, retail customers, and members of the community, including 25 parking spaces dedicated exclusively for transit riders

This property currently contains five buildings which will be demolished as part of the project. Some of the buildings are occupied by month-to-month tenants, who will be given the opportunity to be relocated, in accordance with the Federal Relocation Act, to other commercial space in the area while the project is being built. Upon completion of the new construction, the current tenants will be given the opportunity to lease space in the project.

MANAGER'S BACKGROUND
Background

On July 1, 2008 the Board approved the allocation of $10,592,300 of GOB project 249 funds (R-780-08) for the development of the affordable housing component of the Transit Village project in District 3. On August 3, 2010 the County Manager authorized the advertisement of Request for Qualifications 743 (RFQ 743) to select a developer for the Project. Proposals were received on September 13, 2010 from four developers: Carlisle Development Group, LLC; RUDG, LLC; Biscayne Housing Group, LLC; and, Matsuda Urban, LLC. The County Attorney�s Office ruled that Matsuda Urban, LLC�s proposal was non-responsive as it did not include the mandatory bid security check.

Carlisle Development Group, LLC�s (Carlisle�s) design and approach demonstrated the firm�s ability to develop a project that will provide for economic revitalization of the area, enhance transit passenger mobility, reduce traffic congestion in the Liberty City Area, and meet the design guidelines in the solicitation. Additionally, Carlisle�s proposed transit component includes a bi-directional bus station, adequate bus accommodation, and a bus circulation system that would allow traffic to continue to flow around the project�s three main street frontages.

Carlisle is committed to providing jobs to local residents during construction of this development and has previously demonstrated its commitment to providing jobs to local residents during construction of the Brownsville Transit Village and Beacon developments without any mandate from the County.� They have agreed to continue their local jobs initiative throughout the construction of this development. Specifically, they have agreed to offer any available construction jobs to the local residents in the following order of priority (and only to the extent that such priority is in full compliance with any and all federal, state, and local employment laws):

1) Miami-Dade County Liberty City Targeted Urban Area
2) Miami-Dade County Model City Neighborhood Revitalization Area or Miami-Dade County Little Haiti Targeted Urban Area.
3) Commission District 3
4) Miami-Dade County

Carlisle estimates that this project will cost approximately $45 million. In order to raise additional funds, they require Low Income Housing Tax Credits (LIHTC). For the purpose of applying for LIHTC tax credits, the application must be from the separate corporate entity established to develop this project, CDG Seventh Avenue Holdings, LLC. As the RFQ was responded to by the Carlisle Development

Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 3

Group, LLC (the parent company) to establish its credentials as a responsible developer, Carlisle Development Group, LLC is requesting the Board�s approval of the assignment of their lease to their wholly owned subsidiary, CDG Seventh Avenue Holdings, LLC.

Fiscal Impact/Funding Sources

On July 1, 2008 the Board approved Resolution R-780-08 allocating $10,592,300 of GOB project 249 funds �to fund the development of the affordable housing component of Transit Village in District 3 upon the execution of all necessary agreements.� In addition, the original GOB resolution (R-919-04) set aside $5 million for renovation of the Carver Theater which is presently located across the street from the Project. Consequenty, this $5M in GOB shall be conditioned on the approval of a significant modification as necessary to the GOB line item describing this project. Federal Transit Administration (FTA) funds in the amount of $3.0 million will be used for the construction of the transit portion of the mixed-use project. MDT has estimated that their monthly budget to operate the Transit Hub, including janitorial, electric, landscaping and other maintenance costs will be approximately $3,300.

Any allocation of GOB funding is subject to availability; more specifically, the issuance of bonds to finance this mixed use, affordable housing project. The awarded GOB funds will only be used as �gap� financing, and the project will be subject to formal underwriting conducted by an independent underwriter on behalf of the County. Carlisle will be responsible for securing Low Income Housing Tax Credits (LIHTC), housing bonds equity and any/all other financing required for the project. The County will maintain title to the grant site; however, the attached lease awards Carlisle site control through a 65-year lease plus two (2) fifteen (15) year options to renew.

Monitoring

The terms of the attached ground lease will be monitored by Leland Salomon, General Services Administration Real Estate Development Division Director.

_____________________________
Assistant County Manager