Miami-Dade Legislative Item
File Number: 083358
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File Number: 083358 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: LEASE AGREEMENTS WITH ALONZO MOURNING CHARITIES, INC. Introduced: 11/19/2008
Requester: NONE Cost: Final Action:
Agenda Date: 12/2/2008 Agenda Item Number: 11A4
Notes: SEE 090077 FOR FINAL VERSION AS AMENDED. Title: RESOLUTION PURSUANT TO SECTION 125.38, FLORIDA STATUTES APPROVING TERMS OF AND AUTHORIZING THE EXECUTION OF TWO SIXTY-FIVE YEAR LEASE AGREEMENTS WITH ALONZO MOURNING CHARITIES, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, TO DEVELOP AFFORDABLE RENTAL HOUSING FOR FAMILIES AND THE ELDERLY ON COUNTY OWNED LAND LOCATED AT THE SW CORNER OF NW 3RD AVENUE AND NW 17TH STREET AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO AMEND, RENEW OR TERMINATE SUCH LEASE AGREEMENTS AND TAKE FURTHER ACTIONS AND PROVIDE ASSURANCES AND APPROVALS, AS MAY BE REQUIRED OF THE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 083069]
Indexes: LEASE AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
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 12/2/2008 11A4 Amended
REPORT: (SEE AGENDA ITEM 11A4 AMENDED; LEGISLATIVE FILE NO. 090077.)

County Attorney 11/19/2008 Assigned Shannon D. Summerset

Economic Development and Human Services Committee 11/12/2008 2B AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. Chairwoman Edmonson relinquished the Chair to Vice-Chairwoman Sorenson. Mr. Shawn Wilson, Housing Trust Group, LLC, 3250 Mary Street, apprised the Committee of the Housing Trust Group’s role in this joint venture with Alonzo Mourning Charities, Inc. (AMC) to develop affordable rental housing for families and the elderly on County-owned land. In response to Commissioner Edmonson’s question regarding a funding assistance limit on the façade improvements, Mr. Wilson asked the Committee members to allow him to work with staff to discuss the façade improvement because the two properties outlined in the proposed resolution were site specific. Commissioner Edmonson stated AMC was very active in the Overtown Area and currently had a children’s program that had a positive impact on the community. She noted she had met with Mr. Alonzo Mourning who’s main goal was to improve the standard of living in the Overtown Area. Commissioner Edmonson stated she supported any efforts to improve the Overtown Area. Commissioner Moss asked the County Attorney’s Office to provide assurances for the County’s interest and protection if the development for rental of affordable rental housing for families and the elderly did not occur by AMC. Assistant County Attorney Johnson-Stacks referred to Section 21.2.7 of the Ground Lease that provided the County’s protection if AMC did not provide the feasible financial plan that would substantially accomplished the construction of the development for approval by January 5, 2012. Commissioner Moss stated the County should work with the City of Miami and the other parties and/or partners to ensure that the Overtown Area continued to thrive. Commissioner Jordan commended the County staff and Commissioner Edmonson in terms of the project. She noted Mr. Mourning was currently looking to create another Youth Education Towns (YET) center in the City of Miami Gardens. Commissioner Jordan indicated if the County partnered with a non-profit organization it would not have to go through a Request for Proposal (RFP) process. Assistant County Attorney Johnson-Stacks stated this proposed resolution regarding AMC would be a private building on County-owned land and it would not go through the County’s RFP process. Responding to Commissioner Jordan’s request for clarification regarding the process of this proposed resolution, Assistant County Attorney Johnson-Stacks stated the process being followed for this proposed resolution was outlined in Ordinance No. 08-79, which established procedures for evaluating, developing, and publishing unsolicited proposals for County contracts for constructing public infrastructure. Commissioner Jordan questioned if the City of Miami and the Community Redevelopment Agency (CRA) for the Overtown area had made any commitments to the project outlined in this proposed resolution. Mr. Wilson stated the Housing Trust Group, LLC had not approached either parties as of yet. Commissioner Jordan questioned the time for AMC to comeback with a financial plan. In response to Commissioner Jordan’s question, Mr. Lee Solomon, General Services Administration, stated the developer needed control of the land when it moved forward with tax credits financing, and if the Commission approved this proposal AMC would be the owner of the property for purposes of applying for tax credits. Mr. Solomon pointed out AMC was not allowed to develop the property until the financing was in place. In response to Commissioner Jordan’s question if the project outlined in this proposed resolution was consistent with other county-owned land projects in terms of the tax credits, Mr. Solomon stated each project was negotiated differently. He explained this subject property was not vacant property and it was handled to allow the Department of Human Services (DHS) to continue operating a Neighborhood Center on this subject property without any interference until the financing was in place. Discussion ensued between Commissioner Jordan and Mr. Wilson regarding the project timeline and the management of the subject property after this project was developed. Mr. Wilson stated AMC and the Housing Trust Group, LLC had discussed hiring a property management company that specialized in affordable rental tax credit housing development, and involving both parties to provide asset management and oversight management during the first two to three years of operations. He clarified that AMC and the Housing Trust Group, LLC had contemplated relinquishing the oversight and asset management duties to AMC after the first two to three years. He indicated as a part of those duties and responsibilities AMC would retain the cash flow. Commissioner Jordan asked the Special Assistant to the County Manager, Irene Taylor-Wooten, to provide her with more information on the percentage of the resources that would go back into the project, and to outline the percentage of the resources for-profit and not-for-profit entities involved in developing affordable rental housing for families and the elderly. Commissioner Sorenson expressed concern with the for-profit aspect in that the County was giving away county-owned land to an entity that would benefit. She noted two agenda items 2F, Legislative File No. 083141 and 2H, Legislative File No. 083211 on today’s (11/12) agenda involving Madison View and the Latin Q Tower had to pay for land. Commissioner Sorenson stated the County did not know whether other developers could do more with these sites. She pointed out the joint venture was relying on approximately $3.7 million from the County and that funding would be provided through a competitive process. Mr. Solomon noted the cost to construction the three buildings with approximately 95 total units would require approximately $3.7 million of additional funding. Mr. Solomon stated this funding might come from the County’s Surtax, State Homeownership Initiative Partnership (SHIP) or Home Investment Partnership (HOME) Program (HOME) funds. Commissioner Edmonson explained the intent of this proposed resolution was to allow AMC and the Housing Trust Group, LLC to gain control in order to apply for the tax credit financing. Commissioner Moss questioned how the County could use this subject property if AMC had not acquired adequate financing for the project and the County identified a use for the land. Assistant County Attorney Johnson-Stacks stated the leasehold existed until the lease was terminated and the County would have to negotiate with the joint venture to relinquish the leasehold, if the County desired to use this subject property for something else. Hearing no objection, the Committee forwarded this proposed resolution as amended pending the submittal of the plans for the facade improvements for the properties outlined in this proposed resolution and the identification of the funding source for these improvements.

Legislative Text


TITLE
RESOLUTION PURSUANT TO SECTION 125.38, FLORIDA STATUTES APPROVING TERMS OF AND AUTHORIZING THE EXECUTION OF TWO SIXTY-FIVE YEAR LEASE AGREEMENTS WITH ALONZO MOURNING CHARITIES, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, TO DEVELOP AFFORDABLE RENTAL HOUSING FOR FAMILIES AND THE ELDERLY ON COUNTY OWNED LAND LOCATED AT THE SW CORNER OF NW 3RD AVENUE AND NW 17TH STREET AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO AMEND, RENEW OR TERMINATE SUCH LEASE AGREEMENTS AND TAKE FURTHER ACTIONS AND PROVIDE ASSURANCES AND APPROVALS, AS MAY BE REQUIRED OF THE COUNTY

BODY
WHEREAS, the Alonzo Mourning Charities, Inc. (“AMC”), a Florida not-for-profit corporation, which has been organized for the purposes of promoting community interest and welfare and has been designated as an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, has submitted an application, attached hereto and incorporated herein as Attachment “A”, which proposes to lease from the County and develop a total of five acres of County-owned land at the southwest corner of Northwest 3rd Avenue and Northwest 17th Street in the Overtown neighborhood of Miami-Dade County (the “Site”) for the benefit of the current and future residents of Overtown; and
WHEREAS, the Site is adjacent to the Miami-Dade County’s Culmer Neighborhood Service Center; and
WHEREAS, AMC’s application proposes to construct three buildings on the Site, which will consist of approximately 95 affordable rental units for families (the “Family Project”) and
95 affordable rental units for seniors (the “Elderly Project”), as depicted on the preliminary site plan which is attached hereto and incorporated herein as Attachment “B”, as may be modified subject to approval of the County Mayor or his designee; and
WHEREAS, the Family Project will consist primarily of 2-bedroom and 3-bedroom apartments, which will only be occupied by households with income at or below 60% of Adjusted Median Income; the Elderly Project will consist primarily of 1-bedroom apartments, which will only be occupied by households with income at or below 60% of Adjusted Median income, as described in Attachment A; and
WHEREAS, the amenities proposed to be provided for each project include a clubhouse, swimming pool, fitness center, after-school areas, secure parking, energy efficient features, and outdoor recreation areas, green spaces, attractive architectural and design elements and a public work of art, plaza or fountain; and
WHEREAS, an affiliate of AMC intends to apply for tax credits for the Family and the Elderly Projects from the Florida Housing Finance Corporation, which requires that the applicant for tax credits demonstrate site control of the property upon which the affordable housing projects are to be built through either a long-term lease or ownership of such property; and
WHEREAS, the terms of the proposed Lease Agreements provide for a rental payment in the amount of $1 per year for the term of the lease,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated herein by reference.

Section 2. The Board finds and determines that the County owned -property located at the SW corner of NW 3rd Avenue and NW 17th Street is not needed for County purposes, that it will be used by AMC for affordable rental housing developments for families and the elderly and that such use is in the public’s community interest and welfare, and that entering into the attached Lease Agreements is in the best interest of the County.
Section 3. The Board hereby approves the attached Lease Agreements, in substantially the forms attached hereto as Attachments C and D between Miami-Dade County and AMC for development of the affordable rental housing projects for families and the elderly as proposed therein and authorizes the Mayor or his designee to execute such Lease Agreements, as approved by the County Attorney’s Office, and amend, renew or terminate such Lease Agreements and take further actions and provide assurances and approvals, as may be required of the County by such Lease Agreements.
>>Section 4. AMC shall also be required to incorporate into its development plan the façade improvements of the businesses along NW 3rd avenue which abut the property. Such improvements will be done at the sole cost and expense of AMC and its affiliates and partners, in a time and manner acceptable to and approved by the County. The Mayor or his designee is authorized to execute or amend such Agreements as may be required, following approval by the County Attorney’s Office.<<1

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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