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RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE AGREEMENT WITH ST AGNES HOUSING CORPORATION, A FLORIDA NOT-FOR-PROFIT CORPORATION, MODIFYING CERTAIN TERMS AND PROVISIONS OF THE LEASE; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

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WHEREAS, the Miami-Dade County and Corporation, a Florida Not-For-Profit Corporation, desire to modify certain terms and provisions of the Lease; and

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 hereby approves the Amendment to Lease between Miami-Dade County and St Agnes Housing Corporation, and joined into by (a) CDG Brownsville Holdings, LLC as the sub lessee of the Tenant, and (b) Carlisle Group IV, Ltd., Brownsville Village II, Ltd., Brownsville Village III, Ltd., and Brownsville Village IV, Ltd., each as a sub-sublessee to modify the Lease in substantially the form attached here to; authorizes the County Mayor or the County Mayor�s designee to execute same for and on behalf of Miami-Dade County; and authorizes the County Mayor or the County Mayor�s designee to exercise any and all other rights conferred therein.

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Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: Amendment to the Lease Agreement with St Agnes Housing Corporation for the Development of the Brownsville Metrorail Station

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution, which authorizes an amendment to the Lease Agreement (Amendment to Lease) between the County (Landlord) and St Agnes Housing Corporation (Tenant) to modify certain terms and provisions of the lease. More specifically, the Amendment does the following:

* deletes the requirement of the Tenant to construct and maintain the covered walkway specified in Section 4.3(C) of the Lease and Section 5(b) of Schedule 4.22 attached to the Lease;

* deletes the requirement of the Tenant to construct or maintain any fencing, walls, demising structures or similar improvements in the Kiss and Ride Area; and

* requires the Tenant to install Median Lights in certain areas owned by the Landlord as shown on Exhibit A (attached) in addition to 18 32-foot Royal Palm trees and other landscaping improvements to enhance the area where the Median Lights are located.

For the Board�s reference, the development consists primarily of five affordable housing rental buildings with an optional building for condominium/home ownership.

Four of the five residential buildings consisting of 467 units are complete and open.� Additionally, the garage is completed with 760 spaces, inclusive of 100 spaces set aside for Miami-Dade Transit patrons. There is also 6,400 square feet of retail available with 1,800 square feet under active negotiation. Although the lease is with St Agnes Housing Corporation, a Florida not-for-profit corporation (Tenant), it has been joined into by the following entities, which have been approved through prior Board action:

* CDG Brownsville Holdings, LLC (an affiliate of Carlisle Development Group), as the sub lessee of the Tenant, and

* Carlisle Group IV, Ltd., Brownsville Village II, Ltd., Brownsville Village III, Ltd., and Brownsville Village IV, Ltd., each as a sub-sublessee of CDG Brownsville Holdings, LLC.

The attached Amendment to Lease has been prepared by the Internal Services Department at the request of Miami-Dade Transit.

SCOPE
The property is located at 5255 NW 29 Avenue, Miami, FL in Commission District 3.

FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact to the County as both the canopied covered walkway and the replacement lighting fixtures and trees are to be paid for by the Tenant and are of approximate equal value.

TRACK RECORD/MONITOR
The County has no record of negative performance issues with St Agnes Housing Corporation. Leland Salomon, Acting Assistant Director of the Internal Services Department, is the project�s monitor.

DELEGATION OF AUTHORITY
Authorizes the County Mayor or the County Mayor�s designee to execute same for and on behalf of Miami-Dade County; and authorizes the County Mayor or the County Mayor�s designee to exercise any and all other rights conferred therein.

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BACKGROUND
On July 13, 2006, the Board, by Resolution R-521-06, approved this property for lease and development by the Transport Workers Union 289 Community Service, Inc. (TWU). In February 2007 TWU exercised its Option to Purchase the property at the current appraised value. Miami Dade Transit and TWU were unable to agree on a price and while negotiations continued the real estate market changed dramatically and it became evident that the nature of the project would have to change in order for the development to move forward. TWU then requested permission to assign its lease to St Agnes Housing Corporation on February 25, 2009 and the Board subsequently approved the assignment of the lease to St. Agnes Housing Corporation and authorized St. Agnes Housing Corporation to sublease to CDG Brownsville Holdings, LLC on April 7, 2009 by Resolution R-376-09 for construction of 445 units of affordable housing. Construction on Phase I commenced on June 14, 2010 and Phase IV was completed on April 25, 2012. Carlisle is presently applying for additional low-income tax credits to assist with the financing of Phase V, the final phase of the project.

Attached for your information is a copy of the previously approved resolution and memorandum with information concerning the original Lease Agreement. Additional property details are as follows:


COMPANY PRINCIPALS: Father Richard M. Barry, President
St Agnes Housing Corporation (Lessee)

Matthew Greer, Managing Member
CDG Brownsville Holdings, LLC. (Sub-lessee)


USE: Approximately 255,258 square feet of County owned land for the development of affordable housing

EFFECTIVE DATES
OF AMENDMENT: Commencing on the first day following the passage of this Resolution by the Board (the Commencement Date) and terminating as provided for in the Lease.

CURRENT LEASE: The current Lease Agreement was approved by the Board in 2009 for a term of 99 years. The lease currently requires the Tenant, at its sole cost and expense, to construct and maintain a canopied covered walkway leading from the parking garage to the Station.


Attachments


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Edward Marquez
Deputy Mayor