Miami-Dade Legislative Item
File Number: 131220
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File Number: 131220 File Type: Resolution Status: Adopted
Version: 0 Reference: R-481-13 Control: Board of County Commissioners
File Name: EXTENSION OF LEASE AGREEMENTS AT CULMER CENTER Introduced: 6/10/2013
Requester: NONE Cost: Final Action: 6/18/2013
Agenda Date: 6/18/2013 Agenda Item Number: 11A8
Notes: Title: RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENTS TO GROUND LEASES WITH MOURNING FAMILY FOUNDATION, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION AND A JOINDER TO RESTRICTIVE COVENANT AGREEMENT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN
Indexes: LEASE AGREEMENT
  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

Board of County Commissioners 6/18/2013 11A8 Adopted P

County Attorney 6/10/2013 Referred

County Attorney 6/10/2013 Assigned Shannon D. Summerset 6/10/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING EXECUTION OF SECOND AMENDMENTS TO GROUND LEASES WITH MOURNING FAMILY FOUNDATION, INC. A FLORIDA NOT-FOR-PROFIT CORPORATION AND A JOINDER TO RESTRICTIVE COVENANT AGREEMENT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, the County entered into two Ground Leases for development of this property (''the Property'') by the Mourning Family Foundation, Inc. (formerly ''Alonzo Mourning Charities, Inc.'') on December 2, 2008 by Resolution R-1369-08 for a term of 65 years; and
WHEREAS, on September 18, 2012 pursuant to Resolution R-750-12 this Board approved certain amendments to the Ground Leases; and
WHEREAS, pursuant to the terms of the Ground Leases, as amended, Mourning Family Foundation, in two phases, is to develop approximately seventy-nine (79) family units and approximately one hundred fourteen (114) elderly units on the Property (''the Development''); and
WHEREAS, Mourning Family Foundation, Inc. desires to have certain amendments to the Ground Leases that would allow it to extend the commencement and completion date requirements, and certain other terms under the terms of the Ground Leases (''Second Amendments to Leases''); and
WHEREAS, the property is located in a Community Redevelopment Area; and
WHEREAS, Mourning Family Foundation, Inc. has sought funding assistance for the Development from the Community Redevelopment Agency; and
WHEREAS, the Community Redevelopment Agency has agreed to provide funding; and
WHEREAS, as a condition of funding, the Community Redevelopment Agency is requiring Mourning Family Foundation to enter into a Restrictive Covenant Agreement requiring the Property to remain affordable for thirty (30) years; and
WHEREAS, the terms of the Restrictive Covenant Agreement also require the County to join in the Restrictive Covenant Agreement, thereby obligating the County to use the Property as affordable housing for the thirty (30) year period, even if the Ground Lease terminates and the County regains possession of the Property prior to the expiration of the Restrictive Covenant Agreement,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the Second Amendments to Leases 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, in substantially the form attached hereto and made a part hereof (Exhibit 1); approves the Restrictive Covenant Agreement and Joinder thereto, in substantially the form attached hereto and made a part hereof (Exhibit 2); authorizes the County Mayor or County Mayor’s designee to execute the Second Amendments to Leases and Joinder to the Restrictive Covenant Agreement, in substantially the form attached hereto and made a part hereof, for and on behalf of Miami-Dade County; and authorizes the County Mayor or County Mayor’s designee to exercise any and all other rights conferred therein.



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