Miami-Dade Legislative Item
File Number: 122226
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File Number: 122226 File Type: Resolution Status: Adopted
Version: 0 Reference: R-989-12 Control: Board of County Commissioners
File Name: LINCOLN GARDENS GROUND LEASE Introduced: 11/1/2012
Requester: Public Housing and Community Development Cost: Final Action: 11/20/2012
Agenda Date: 11/20/2012 Agenda Item Number: 14A4
Notes: Title: RESOLUTION AUTHORIZING SELECTION OF AND EXECUTION OF GROUND LEASE AGREEMENT WITH CARLISLE DEVELOPMENT GROUP, LLC OR THEIR ASSIGNEE FOR DEVELOPMENT OF LINCOLN GARDENS TO ALLOW APPLICATION TO THE FLORIDA HOUSING FINANCE CORPORATION FOR FOUR PERCENT LOW INCOME HOUSING TAX CREDITS; AUTHORIZING THE DEPUTY MAYOR OR DEPUTY MAYOR’S DESIGNEE TO MAKE ANY ADDITIONAL AMENDMENTS TO SAID GROUND LEASE; WAIVING THE REQUIREMENTS OF SECTIONS 2-8.3 AND 2-8.4 OF THE MIAMI-DADE COUNTY CODE PERTAINING TO BID PROTESTS, BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AUTHORIZING THE DEPUTY MAYOR OR DEPUTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENTS FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN CONTRACT NO. RFP794
Indexes: LINCOLN GARDENS
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 11/20/2012 14A4 Adopted P

Office of the Chairperson 11/19/2012 Additions Board of County Commissioners 11/20/2012

Economic Development & Social Services Committee 11/15/2012 3K Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. Chairwoman Sosa asked Deputy Mayor Benford to prepare an appropriate memorandum asking Board of County Commissioners’ Chairman Joe A. Martinez to waive the Board’s rules and procedures to allow this resolution to be heard at the November 20, 2012 meeting. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 11/1/2012 Assigned Terrence A. Smith

County Mayor 11/1/2012 Assigned County Attorney 12/4/2012
REPORT: PH&CD (will request waiver to 11/8 BCC) - Terrence Smith assisted - Comm. Edmonson Sponsor - pending cmte - Attachment: Lease

County Mayor 11/1/2012 Assigned Russell Benford 11/1/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING SELECTION OF AND EXECUTION OF GROUND LEASE AGREEMENT WITH CARLISLE DEVELOPMENT GROUP, LLC OR THEIR ASSIGNEE FOR DEVELOPMENT OF LINCOLN GARDENS TO ALLOW APPLICATION TO THE FLORIDA HOUSING FINANCE CORPORATION FOR FOUR PERCENT LOW INCOME HOUSING TAX CREDITS; AUTHORIZING THE DEPUTY MAYOR OR DEPUTY MAYOR’S DESIGNEE TO MAKE ANY ADDITIONAL AMENDMENTS TO SAID GROUND LEASE; WAIVING THE REQUIREMENTS OF SECTIONS 2-8.3 AND 2-8.4 OF THE MIAMI-DADE COUNTY CODE PERTAINING TO BID PROTESTS, BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AUTHORIZING THE DEPUTY MAYOR OR DEPUTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENTS FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN CONTRACT NO. RFP794

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 approves the selection of and execution of a ground lease agreement with Carlisle Development Group, LLC or their assignee, in substantially the form attached hereto and made a part hereof; authorizes the Deputy Mayor or the Deputy Mayor’s designee to make any additional amendments to said ground lease as may be required to meet the standards of the Florida Housing Finance Corporation and/or the United States Department of Housing and Urban Development; waives the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code pertaining to bid protests, by a two-thirds (2/3) vote of the Board members present; and authorizes the Deputy Mayor or Deputy Mayor’s designee to execute same for and on behalf of Miami-Dade County and to exercise any cancellation and renewal provisions and any other rights contained therein.

HEADER
Date:

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

From: Alina T. Hudak
Deputy Mayor/County Manager

Subject: Recommendation for Approval to Award Ground Lease to Carlisle Development Group, LLC or their assignee for Lincoln
Gardens Project Site in Response to Request for Proposals No. 794 and Waiving the Bid Protest Process Pursuant to
Sections 2-8.3 and 2-8.4 of the Code of Miami-Dade County

STAFF RECOMMENDATION
Recommendation:
It is recommended that the Board of County Commissioners (Board) approve the award of a ground lease with Carlisle Development Group, LLC (Carlisle) or their assignee granting them site control for the future development of the Lincoln Gardens project site. It is further recommended that the Board waive the bid protest process in order to allow Carlisle the opportunity to submit their four percent (4%) Tax Credit application to Florida Housing Finance Corporation (Finance Corporation) prior to adoption of the new rules scheduled for December 7, 2012.

Approval of the ground lease is the first step in the award process as this establishes site control as required prior to applying to the Finance Corporation for four percent (4%) Tax Credits.

CONTRACT NO: RFP No. 794 Lincoln Gardens

CONTRACT TITLE: RFP No. 794 Development of Lincoln Gardens

METHOD OF AWARD: To the proposer whose offer represented the best value to the County for the Lincoln Gardens Project site.

DESCRIPTION: Carlisle will execute a ground lease and any other documents that may be required by the Finance Corporation.

TERM: Eleven (11) months from the effective date of the Ground Lease that is subject to Carlisle obtaining four percent (4%) Tax Credits.

COUNTY FUNDING SOURCE: The County has designated $12,300,000 in General Obligation Bonds (GOB) funding for Lincoln Gardens.

DEVELOPER RECOMMENDED: Carlisle Development Group, LLC (Carlisle) (Local)

PERFORMANCE DATA: There are no known performance issues with the recommended firm.

COMPLIANCE DATA: There are no known compliance issues with the recommended firm.

DEVELOPERS NOT RECOMMENDED: Biscayne Housing Group, LLC, Community Housing Partners, GDI Florida Development, LLC, Gatehouse Development Corp., McDonald Contractors LLC and Advance Shelter Solutions, National Community Renaissance (CORE), Renaissance Initiative Joint Venture, Sheldon Oak Central, Inc. and Klewin Development LLC, The Richman Group of Florida, Inc., and Turnstone Development Corporation.

CONTRACT MEASURES: N/A

LIVING WAGE: The services provided are not covered under the Living Wage Ordinance.

USER ACCESS PROGRAM: The User Access program does not apply to revenue contracts.

LOCAL PREFERENCE: Not applicable due to public housing federal subsidy funding restrictions.

DELEGATED AUTHORITY: If this item is approved, the Deputy Mayor or the Deputy Mayor’s designee will have the authority to exercise, at the discretion of the Deputy Mayor, contract modifications in accordance with the terms and conditions of the ground lease and any amendments.

USING/MANAGING AGENCY: Public Housing and Community Development (PHCD)

SCOPE: The scope of this project will not be finalized until the Master Development Agreement (Development Agreement) is executed. Negotiations will be pursued with the developer following the results of the application for four percent (4%) Tax Credits from the Florida Housing Florida Corporation (FHFC). It is anticipated that successful negotiations will result in improvements to the Lincoln Gardens property and/or revenue sharing agreements between the developer and Miami-Dade County (County).

TRACK RECORD/MONITORING: Jorge Cibran, Director of Facilities and Development Division, Public Housing and Community Development

MANAGER'S BACKGROUND
Background:

Request for Proposals No. 794 was issued on July 14, 2011 to solicit offers from developers to maximize and expedite the development potential of over 100 existing public housing sites and vacant land sites administered by Public Housing and Community Development (PHCD). The solicitation sought to establish partnerships with qualified entities to rehabilitate/upgrade existing public housing units, remove and replace obsolete public housing units, increase the number of units on underutilized sites, develop vacant land owned by the County, and also incorporate commercial and other special purpose uses, where appropriate, at particular public housing sites or vacant land sites. Additionally, PHCD sought to replace its older units with new contemporary designs that resemble market-rate units (regardless of whether these are public housing, affordable or market-rate units) and incorporate creative and sustainable design solutions.

Pursuant to Resolution No. R-1026-11, on November 23, 2011, the Board awarded site control through ground leases to six (6) developers for a total of twenty-eight (28) project sites. Subsequently, the Board adopted Resolution No. R-152-12, which (1) rejected all remaining bids submitted in response to Request for Proposal No. 794, with the exception of proposals submitted for four projects, i.e. Lincoln Gardens, Victory Homes, Harry Caine and Ward Towers. With regard to these projects, the Board directed the Deputy Mayor/County Manager to submit for the Board’s consideration the following: negotiations of agreements, contracts or leases, a recommendation(s) for award of such agreements, contracts or leases for the additional project sites.

For the last several months, the Finance Corporation has been going through its rule-making process to determine the requirements for 2013 applications for Tax Credits. These rules will apply for both nine percent (9%) and four percent (4%) Tax Credit applications. Each year, the Finance Corporation deems certain areas throughout the state “limited development areas” (Development Areas) due to market saturation or the perceived risk of market saturation. The Finance Corporation’s draft of the 2013 rules would prevent applicants from obtaining tax credits for developing in the Brownsville and Brickell areas. The proposed Development Areas surrounding the Brownsville area would prevent Carlisle from moving forward with Lincoln Gardens, unless their four percent (4%) Tax Credit application is submitted prior to adoption of the new rules scheduled for December 7, 2012. The remaining three projects, i.e Victory Homes, Harry Caine and Ward Towers are not faced with this dilemma and the projects will be recommended for award at a future date. In light of the pending deadline, this recommendation is being presented to the Board with a request to waive the bid protest process in order to afford Carlisle the opportunity to apply for the Tax Credits by the deadline before the implementation of the new Finance Corporation rules. 


Attachment

______________________________
Russell Benford, Deputy Mayor





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