Miami-Dade Legislative Item
File Number: 121896
   Clerk's Official Copy   

File Number: 121896 File Type: Resolution Status: Adopted as amended
Version: 0 Reference: R-750-12 Control: County Commission
File Name: GROUND LEASES WITH ALONZO MOURNING FAMILY FOUNDATION Introduced: 9/20/2012
Requester: Internal Services Cost: Final Action: 9/18/2012
Agenda Date: 9/18/2012 Agenda Item Number: 14A3
Notes: THIS IS FINAL VERSION AS ADOPTED; ALSO SEE 121680 Title: RESOLUTION AUTHORIZING EXECUTION OF AMENDMENTS TO GROUND LEASES WITH MOURNING FAMILY FOUNDATION, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION, (FORMERLY KNOWN AS ALONZO MOURNING CHARITIES, INC.) WITH A TOTAL FISCAL IMPACT TO THE COUNTY INCREASING REVENUE BY $211,000; CONSENTING TO AMENDMENTS TO SUBLEASES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [PLEASE SEE ORIGINAL ITEM UNDER FILE NO. 121680]
Indexes: MOURNING FAMILY FOUNDATION
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

County Attorney 12/13/2012 Assigned Shannon D. Summerset 12/13/2012

County Mayor 12/6/2012 Assigned County Attorney 9/18/2012
REPORT: ISD (Amend to Legistar# 121680) (BCC Sponsor: Cmrs Edmonson)

County Mayor 11/5/2012 Assigned Ed Marquez 11/6/2012 11/6/2012
REPORT: ITEM RETURNED PER CAO

County Attorney 11/2/2012 Assigned County Mayor
REPORT: Item returned to Agenda Office

County Attorney 10/18/2012 Assigned Shannon D. Summerset 11/1/2012

County Mayor 9/20/2012 Assigned County Attorney 9/18/2012
REPORT: ISD (amended version to 121680) - Comm. Edmonson Sponsor

County Mayor 9/20/2012 Assigned Ed Marquez 9/20/2012

Board of County Commissioners 9/18/2012 14A3 AMENDED Adopted as amended P
REPORT: County Attorney Robert Cuevas advised that the foregoing proposed resolution should be amended to include the following language, which Assistant County Attorney Shannon Summerset read into the record: “Pursuant to Article 63 of the lease being amended by the foregoing item, lessee agreed to incorporate at lessee’s sole expense facade improvements to businesses along NW 3rd Avenue, North of NW 16th Street, and South of NW 17th Street, which abutted the property. The obligation to perform such facade improvements was not impacted by the amendments set forth in this item and lessee continued to have the obligation to perform those facade improvements at lessee’s sole expense in a time and manner acceptable to and approved by the County.” Vice Chairwoman Edmonson accepted the amendment. Hearing no other comments or objections, the Board members proceeded to vote on the foregoing proposed resolution as amended.

Legislative Text


TITLE
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENTS TO GROUND LEASES WITH MOURNING FAMILY FOUNDATION, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION, (FORMERLY KNOWN AS ALONZO MOURNING CHARITIES, INC.) WITH A TOTAL FISCAL IMPACT TO THE COUNTY INCREASING REVENUE BY $211,000; CONSENTING TO AMENDMENTS TO SUBLEASES; 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 hereby approves the Amendments to Lease and Amendments to Sublease Agreements between Miami-Dade County and Mourning Family Foundation, Inc., a Florida not-for-profit corporation (formerly known as Alonzo Mourning Charities, Inc.) for premises to be utilized by the Mourning Family Foundation, Inc., for the development of affordable housing with a total fiscal impact to Miami-Dade County increasing revenue by $211,000, in substantially the form attached hereto and made a part hereof; authorizes the County Mayor or the County Mayor’s designee to execute the Amendments to Leases and Consent to the Amendments to Subleases 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.

HEADER
Date:

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

From: Carlos A. Gimenez
Mayor

Subject: Amendments to the Lease Agreements with Alonzo Mourning Charities, Inc. – for the development of the site adjacent to the County’s Culmer Neighborhood Service Center

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution which authorizes the following:
* Execution of the Amendment to Ground Lease for Phase I (Family Units) and consent to the Amendment to Sublease Agreement (Family); and
* Execution of the Amendment to Ground Lease for Phase II (Elderly Units) and consent to the Amendment to Sublease Agreement (Elderly).

The attached Amendments to Ground Leases and Amendments to Sublease Agreements have been prepared by the Internal Services Department at the request of Community Action and Human Services and are subject to the following provision: Pursuant to Article 6.3 of the leases being amended by this item, Lessee agree to, at Lessees sole expense, incorporate facade improvements to businesses along NW 3rd avenue, North of NW 16th street and south of NW 17th street, which abut the property.  The obligation to perform such facade improvements are not impacted by the amendments set forth in this item and Lessee shall continue to have the obligation to perform those facade improvements at Lessees sole expense and in a time and manner acceptable to and approved by the County. 

The Ground Leases for both phases are between the County and the Mourning Family Foundation, Inc., a Florida not-for-profit corporation formerly known as Alonzo Mourning Charities, Inc. Amendments to Ground Leases for both phases do the following:
* change the name of the Lessees from Alonzo Mourning Charities, Inc. to Mourning Family Foundation, Inc.;
* change the “Commencement Date” of Phase I of the development to one year from the approval of this Amendment by the Board, as opposed to when the Lessee closes on its construction financing and receives low-income housing tax credits;
* change the time periods for the both the commencement and completion of construction for all phases to December 31, 2012 from June 30, 2012;
* reduce the number of family units from 95 to 79;
* increase the number of elderly units from 95 to 114;
* increase the total number of units in the project from 180 to 193;
* reduce the number of parking spaces to be built from 107 to 70;
* provide for payments to the County in total amount of $111,000 to offset the reduced parking requirement;
* In addition to the Base Rent of $1.00 per year for each Phase, provide for four additional payments to the County of $25,000 each to assist the Community Action and Human Services Department with programming at the Culmer Neighborhood Service Center;
* add language regarding the rebuilding of Demised Premises following a casualty.

Amendments to Sublease Agreements do the following:
* provide for Mourning Family Foundation, Inc. to sublease to AMC GTG 1 Phase I of the development and to sublease to AMC HTG 2 Phase II of the development.
SCOPE
The County-owned property is located at the Southwest corner of NW 3 Avenue and NW 17 Street, in Commission District 3.

FISCAL IMPACT/FUNDING SOURCE
The County will generate $211,000 in revenue from payments by the developer.

TRACK RECORD/MONITOR
The County has no record of negative performance issues with Mourning Family Foundation, Inc. Leland Salomon, Acting Assistant Director, 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.

MANAGER'S BACKGROUND
BACKGROUND
This property was originally leased and approved for development by the Alonzo Mourning Charities, Inc. on December 2, 2008 by Resolution R-1369-08 for a term of 65 years. On January 5, 2012, AMC HTG 1, Ltd. and AMC HTG 2, Ltd. submitted a new Financial Plan as provided for in Section 21.2.7 of the Lease Agreement. Staff reviewed the new plan and met with the developer to restructure the lease to allow for a new funding model as well as new time periods to allow them to complete the development. On June 7, 2012 the Board approved Resolution R-522-12 granting the parties an extension of 180 days to complete negotiations.

Additional property details are as follows:

TENANT: Mourning Family Foundation, Inc. is subleasing the property as follows:
* AMC HTG 1 Ltd., as the sub lessee of the Tenant for Phase I, and
* AMC HTG 2 Ltd. as a sub-sub lessee of Tenant for Phase II.

COMPANY PRINCIPALS: Alonzo Mourning – CEO, Director
Allen Furst – Treasurer, Director
Albert E. Dotson. Jr. – Director
Tracy W. Mourning – President, Director

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 and terminating as provided for in the Lease.

Attachments

__________________________
Edward Marquez
Deputy Mayor



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