Miami-Dade Legislative Item
File Number: 090647
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File Number: 090647 File Type: Resolution Status: Adopted
Version: 0 Reference: R-376-09 Control: Board of County Commissioners
File Name: LEASE AGREEMENT BTWN TRANSPORT WORKERS UNION Introduced: 3/5/2009
Requester: NONE Cost: Final Action: 4/7/2009
Agenda Date: 4/7/2009 Agenda Item Number: 11A4
Notes: Title: RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE TRANSPORT WORKERS’ UNION OF AMERICA 291 COMMUNITY SERVICE, INC., THE EXECUTION OF A CONSENT AND RELEASE OF ASSIGNOR, THE EXECUTION OF AN AMENDED AND RESTATED LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND ST. AGNES HOUSING CORPORATION, AND THE AUTHORIZATION FOR THE SUBLEASE AGREEMENT BETWEEN ST. AGNES HOUSING CORPORATION AND CDG BROWNSVILLE HOLDINGS, LLC. FOR THE DEVELOPMENT OF THE BROWNSVILLE METRORAIL STATION PARKING LOT; AND AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXERCISE THE PROVISIONS AND ALL OTHER RIGHTS CONFERRED THEREIN
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 4/7/2009 11A4 Adopted P

Transit, Infrastructure & Roads Committee 3/11/2009 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. It was moved by Commissioner Edmonson that the foregoing proposed resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Seijas for discussion. Referring to written language on handwritten page 11 of this resolution, Commissioner Rolle asked if it would take twelve (12) years to build out the total project. Mr. Chris Peterson, representing Carlisle Development Group, LLC, 2950 SW 27th Avenue, Suite 200, noted the plan was to develop the project in five phases and build out all 445 units within a 12-year period. Assistant County Attorney Libhaber added that the proposed project was to be constructed in various stages, and the first phase involved constructing 222 units within 54 months. He noted the remaining stages would be completed over the course of twelve years. In response to Commissioner Rolle’s question whether this was the most economic way to complete this project, Mr. Leland Salomon, Assistant Manager and Development Specialist, Real Estate Division, General Services Administration (GSA), noted the proposed project was scheduled in five phases over a 12-year period to allow the developer sufficient time to construct 455 units, and comply with all the requirements for developing an affordable housing project. He explained that for each phase of the project, the developer must apply for low income tax credits before proceeding with construction, and that process could take up to one year to complete. He also noted the developer must convert the tax credits, once received, and then apply for permits and plan approval by the County. Mr. Salomon said he felt the 12-year period was a reasonable time to develop the entire project, provided 50% of the project was completed within the first 54 months. He noted the construction should commence immediately, and the first 90 units should be built within the first thirty-six months. Referring to handwritten pages 9 and 10 of this resolution, Mr. Salomon noted the first phase was funded; the low income tax credits were promised for the second phase, and the developer would need to apply for low income tax credits in the third phase. Commissioner Edmonson asked Mr. Salomon to address the Disadvantaged Business Enterprise (DBE) requirements for this project. Mr. Salomon noted the DBE requirements for this project were standard and listed on handwritten page 198 of the lease agreement. He also noted, as long as the land was leased by the not-for-profit corporation and under development pursuant to the agreement terms, the tenant would be obligated to comply with DBE requirements outlined in this contract. If the tenant exercised the option to purchase the property, the tenant would no longer be obligated to comply with the DBE obligations. In response to Chairwoman Jordan’s questions regarding whether this project involved any county funds, and whether the developer requested any subsidy for this development, Mr. Salomon noted this development did not involve county funds, and the only request made by the developer was for low income tax credits. He also noted most of this project involved rental units, however, once development began on the condominium portion, the developer might apply for subsidy. Chairwoman Jordan asked that the Area Median Income (AMI) levels, listed on handwritten page 9 of this agreement, be translated into dollar amounts for each category. Hearing no further comments or questions, the Committee proceeded to vote.

County Attorney 3/5/2009 Referred Transit, Infrastructure & Roads Committee 3/11/2009

County Attorney 3/5/2009 Assigned Bruce Libhaber 3/5/2009

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE TRANSPORT WORKERS’ UNION OF AMERICA 291 COMMUNITY SERVICE, INC., THE EXECUTION OF A CONSENT AND RELEASE OF ASSIGNOR, THE EXECUTION OF AN AMENDED AND RESTATED LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND ST. AGNES HOUSING CORPORATION, AND THE AUTHORIZATION FOR THE SUBLEASE AGREEMENT BETWEEN ST. AGNES HOUSING CORPORATION AND CDG BROWNSVILLE HOLDINGS, LLC. FOR THE DEVELOPMENT OF THE BROWNSVILLE METRORAIL STATION PARKING LOT; AND AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXERCISE THE PROVISIONS AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, Florida Statutes 125.38 authorizes the Board of County Commissioners to convey or lease County-owned property to not-for-profit organizations organized for the purposes of promoting community interest and welfare; and
WHEREAS, the Board finds that the assignment of the leasehold interest from the Transport Workers’ Union of America 291 Community Service, Inc. to the St. Agnes Housing Corporation is in keeping with the County’s long-term interest in the property; and
WHEREAS, the Board finds that St. Agnes Housing Corporation is a not-for-profit organization organized for the purposes of promoting community interest and welfare; and
WHEREAS, the Board is satisfied that the property subject to the attached Amended and Restated Lease Agreement is not needed for County purposes and is required for furthering St. Agnes Housing Corporation’s promotion of community interest and welfare; and
WHEREAS, St. Agnes has made an application to lease the property more fully described in the Amended and Restated Lease Agreement; and
WHEREAS, the property will be used to build approximately 445 units of affordable housing, along with an incidental amount of retail/commercial business to principally accommodate the residents of the property; and
WHEREAS, St. Agnes Housing Corporation, will pay the County the amount of $1.5 Million as rent for the leasehold interest in the property; and
WHEREAS, the Amended and Restated Lease Agreement provides that St. Agnes Housing Corporation shall have an option to acquire the property, and during the first twelve (12) years of the lease, the acquisition amount shall be $1.5 Million; and
WHEREAS, this Board approves the Amended and Restated Lease Agreement to St. Agnes Housing Corporation for a term of ninety-nine (99) years; and
WHEREAS, this Board approves the Sublease Agreement between St. Agnes Housing Corporation and CDG Brownsville Holdings, LLC (an affiliate of Carlisle Development Group, LLC); and
WHEREAS, this Board further desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is attached hereto and incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the assignment of the leasehold interest from Transport Workers’ Union of America 291 Community Service, Inc. to the St. Agnes Housing Corporation, as described in the Lease Assignment and Assumption Agreement; approves the Consent By Landlord and Release of Assignor; approves the Amended and Restated Lease Agreement between Miami-Dade County and St. Agnes Housing Corporation, a Florida not-for-profit corporation, for County-owned property, consisting of approximately 5.12 acres, to be utilized for the construction and operation of affordable housing and incidental retail/commercial business, at the rental rate of $1.5 Million for the initial twelve (12) year term, with an option to convey the property to St. Agnes Housing Corporation for the purchase price of $1.5 Million; approves the Sublease Agreement between St. Agnes Housing Corporation and CDG Brownsville Holdings, LLC; the originals of which are attached hereto and made a part hereof; and further authorizes the County Mayor or his designee to execute same for and on behalf of Miami-Dade County; and authorizes the County Mayor or his designee to exercise any and all other rights conferred therein.



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