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2018-30237 ResolutionRESOLUTION NO. 2018 -30237 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING, AN AMENDMENT NO. 1 TO LEASE BETWEEN THE CITY AND MIAMI BEACH SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION, INC. (LESSEE), IN CONNECTION WITH THE CITY'S LEASE OF AIR RIGHTS FOR AFFORDABLE ELDERLY HOUSING AT COUNCIL TOWERS SOUTH, LOCATED AT 533 COLLINS AVENUE, MIAMI BEACH, FLORIDA, FOR A PERIOD OF FIFTY YEARS, COMMENCING JULY 9, 2026 AND ENDING JULY 8, 2076; FURTHER WAIVING THE COMPETITIVE BIDDING REQUIREMENT IN SECTION 82 -39(A) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82- 37(A)(2) OF THE CITY CODE, FOR SECOND (AND FINAL) READING AND PUBLIC HEARING. WHEREAS, on or about July 8, 1976, the City Commission of the City of Miami Beach adopted Resolution No. No. 1976 - 15085, approving a Lease Agreement between the City and Senior Citizens Housing Development Corporation of Miami Beach ( "Lease "), for certain air rights and easements to City -owned property located at 533 Collins Avenue, for the construction and operation of a residential building for elderly housing ( "Council Towers South" or the "Building "), and with the City retaining the rights to the management and operation of the municipal parking lot on the ground floor below the demised premises; and WHEREAS, the Lease had an initial term of fifty (50) years, expiring on July 8, 2026; and WHEREAS, the Building was completed in 1979, and includes 125 residential dwelling units, . providing quality affordable rental housing for low - income seniors; and WHEREAS, on or about March 8, 1978, and in accordance with Section 34 of the Lease, the original lessee, Senior Citizens Housing Development Corporation of Miami Beach, assigned the Lease to Lessee, and such assignment was duly recorded in O.R. Book 9967, Page 230 of the public records of Miami -Dade County; and WHEREAS, Lessee desires to obtain financing, either through a leasehold mortgage, low income housing tax credit equity providers, or other financing vehicles eligible for affordable /elderly housing projects such as the Building, for the purpose of constructing certain capital improvements or other renovations to the Building, including building systems, individual dwelling units, and common areas, with the intent for such improvements, as defined more fully in Section II of this Amendment No. 1, to improve security, safety, and the quality of living conditions for the Building's residents; and WHEREAS, in order to obtain Tong -term financing for the Lessee's proposed renovations, Lessee requests an extension of the Term, for a period of fifty (50) years, following the expiration of the initial term on July 8, 2026; and WHEREAS, in view of the City Commission's desire to support and incentivize affordable housing projects within the City of Miami Beach, including affordable elderly housing, the City Commission desires to extend the term of the Lease, and waives the competitive bidding and appraisal requirements of Chapter 82 -37 and 82 -39 of the City Code, finding it in the best interests of the City to do so; and WHEREAS, a lease of ten years or more of the 533 Collins Avenue property is governed by the provisions of Section 1.03(b)(4) of the City Charter, and requires approval of a majority 4 /7ths vote of all members of the Planning Board, and a 6 /7ths vote of the City Commission; and WHEREAS, on December 19, 2017, following consideration of the Planning Department analysis required pursuant to Section 82 -38 of the City Code, the proposed lease extension was unanimously approved by the Planning Board; and WHEREAS, on February 23, 2018, as required by Section 82 -37 of the City Code, the Finance and Citywide Projects Committee reviewed the proposed lease, and unanimously recommended that the Mayor and City Commission approve the foregoing Amendment No. 1., a copy of which is attached to the Commission Memorandum accompanying this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee, on first reading of this Resolution, and approve, an Amendment No. 1 to the Lease between the City and Miami Beach Senior Citizens Housing Development Corporation, Inc. (Lessee), in connection with the City's lease of air rights for affordable elderly housing at Council Towers South, located at 533 Collins Avenue, Miami Beach, Florida, for a period of fifty years, commencing July 9, 2026 and ending July 8, 2076; further waiving the competitive bidding requirement in Section 82 -39(a) of the City Code, finding such waiver to be in the best interest of the City; and setting a public hearing, as required pursuant to Section 82- 37(a)(2) of the City Code, for second (and final) reading and public hearing. PASSED AND ADOPTED this 7 day of Marti 2018. ATTEST: Rafael Granado, City C erk Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney �tq.' Date AALAM BEACH Resolutions - R7 C COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 7, 2018 First Readings SUBJECT: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING, AN AMENDMENT NO. 1 TO LEASE BETWEEN THE CITY AND MIAMI BEACH SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION, INC. (LESSEE), IN CONNECTION WITH THE CITY'S LEASE OF AIR RIGHTS FOR AFFORDABLE ELDERLY HOUSING AT COUNCIL TOWERS SOUTH, LOCATED AT 533 COLLINS AVENUE, MIAMI BEACH, FLORIDA, FOR A PERIOD OF FIFTY YEARS, COMMENCING JULY 9, 2026 AND ENDING JULY 8, 2076; FURTHER WAIVING THE COMPETITIVE BIDDING REQUIREMENT IN SECTION 82 -39(A) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82- 37(A)(2) OF THE CITY CODE, FOR SECOND (AND FINAL) READING AND PUBLIC HEARING. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING, AN AMENDMENT NO. 1 TO LEASE BETWEEN THE CITY AND MIAMI BEACH SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION, INC. (LESSEE), IN CONNECTION WITH THE CITY'S LEASE OF AIR RIGHTS FOR AFFORDABLE ELDERLY HOUSING AT COUNCIL TOWERS NORTH, LOCATED AT 1040 COLLINS AVENUE, MIAMI BEACH, FLORIDA, FOR A PERIOD OF FIFTY YEARS, COMMENCING JULY 9, 2026 AND ENDING JULY 8, 2076; FURTHER WAIVING THE COMPETITIVE BIDDING REQUIREMENT IN SECTION 82 -39(A) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82- 37(A)(2) OF THE CITY CODE, FOR SECOND (AND FINAL) READING AND PUBLIC HEARING. RECOMMENDATION Adopt the Resolutions. BACKGROUND The City of Miami Beach ( "Lessor ") and Miami Beach Senior Citizens Housing Development Corporation, Inc., as assignee of Senior Citizens Housing Development Corporation of Miami Beach ( "Lessee "), are parties to two separate, but similar, lease agreements, both dated July 9, 1976 Page 1117 of 1522 (collectively "Leases "). The Leases are for the air rights located above the City -owned properties located at 533 Collins Avenue ( "Council Towers South ") and 1040, Collins Avenue ( "Council Towers North "). Council Towers South is a 12 story building consisting of 125 units and approximately 115,231 square feet. Council Towers North is a 12 story building consisting of 125 units and approximately 115,036 square feet. Both properties were completed in 1979 and offer quality affordable housing for low- income senior citizens. Basic Lease Terms Lessee: Miami Beach Senior Citizens Housing Development Corporation, Inc., as assignee of Senior Citizens Housing Development Corporation of Miami Beach Demised Premises: Air rights for properties located at 533 Collins Avenue and 1040 Collins Avenue, Miami Beach, Florida Use: The Demised Premises shall be limited in use to the construction and operation of housing for the elderly under Section 202 of the Housing Act of 1959, as amended. Execution Date: July 9, 1976 Initial Term: Fifty(50)years, commencing July9, 1976 and ending July8, 2026. Renewal Options: In the event Lessee is granted an extension on the original mortgage, the lease shall be renewed for the period of the extension beyond the original fifty (50) year term. (Does not apply to this extension request because lessee is seeking a new mortgage). RentAmount: Council Towers South - $21, 500 annually; Council Towers North - $19,125 annually Maintenance /Operation: Lessee is responsible for all real estate taxes, insurance, maintenance costs, and utilities for the Demised Premises. Surrender: On the last day of the term, or on the earlier termination thereof, Lessee shall deliver the Demised Premises, together with the building or any new building, and all alterations, changes, additions and improvements which may have been made upon the premises, in thorough repair, good order and safe condition. ANALYSIS On August 31, 2017, representatives from Lessee met with the Administration to discuss a request for an extension of the Leases, for a period of fifty (50) years, in order to facilitate the refinancing of both properties. Lessee submitted a formal request for an extension of the air rights leases, dated August 16, 2017, attached hereto as Exhibit A (Request for Extension of Air Rights Leases). The lease extension will reaffirm, and will have no effect on, the municipal parking spaces located at both sites. As stated in the request letter, Lessee intends to use the proceeds of the refinancing for capital renovations to the properties. The renovations would include, but not be limited to, site work, exterior facade work, new windows, interior common areas and office renovations, apartment renovations, and building systems (e.g., elevators, roof, electric, plumbing, water pumps, generators, fire alarm systems, etc.). The Administration has worked with Lessee to provide modifications to the lease extension agreement, including, but not limited to, the items below. 1. include enhancements to generator capacity to ensure continued operation of HVAC, elevators, life safety systems, etc. after a tropical storm or hurricane for a period up to 96 hours after loss of power; Page 1118 of 1522 2. criteria for condition of building /units at the end of the extended term; 3. comply with Miami Dade County 40 year recertification requirements, and subsequent 10 year recertification requirements; 4 . proactively manage and comply with the required Miami -Dade County annual registration of eligible tenants for the County's Emergency Evacuation Assistance Program (EEAP) for the elderly and /or disabled individuals who: a) are unable to evacuate on their own due to a specialized transportation need b) are homebound residents and unable to walk to a bus pickup point and do not have anyone that can provide transportation c) have medical needs that prevent them from evacuating on their own d) are bedbound patients e) are on life- sustaining medical equipment that requires electricity f) require assistance with daily living activities 5. comply with required Miami Beach registration of other residents who need some type of daily assistance to live on their own, including completion of annual assessment form. In accordance with Section 1.03(b)4 of Article I of the charter of the City of Miami Beach, a lease of ten (10) years or longer of City -owned property (other than public beach rights -of -way and those properties addressed specifically in Section 1.03 of the Charter) shall, as provided by Ordinance, require approval by a majority 4/7 vote of all members of the Panning Board and 6/7 vote of the City Commission. On October 18, 2017, at the request of Commissioner Arriola, the City Commission referred the extension of the lease agreements to the Finance and Citywide Projects Committee and Planning Board for discussion. Planning Board Pursuant to Section 1.03(b)(4), of the City Charter, the Planning Board met on December 19, 2017, and unanimously recommended in favor of the proposed lease extensions. The Planning Analysis is attached hereto as Exhibit B (Planning Board Analysis). Finance and Citywide Projects Committee At the November 8, 2017 Finance and Citywide Projects Committee (FCWPC) meeting, the Administration presented the terms and conditions set forth above. The FCWPC considered this matter and recommended approving the lease extensions subject to the modifications set forth above and further recommended including additional requirements to the lease extension to provide for accommodating residents during the renovation, implementing a resident satisfaction survey and providing for City inspection rights to ensure the building is adequately maintained. These additional requirements were subsequently included in the lease extension amendments, attached hereto as Exhibit C (Amendment No. 1 to Lease Agreement — Council Towers South) and Exhibit D (Amendment No. 1 to Lease Agreement — Council Towers North). This matter was again discussed at the February 23, 2018 FCWPC meeting.. The FCWPC recommended in favor of approving the lease extensions subject to the modifications set forth in this memorandum. CONCLUSION The Administration recommends in favor of executing an Amendment No. 1 to Lease Agreements for Council Towers South and Council Towers North, with Miami Beach Senior Citizens Housing Development Corporation, Inc., in accordance with the above stipulated terms and conditions. Legislative Tracking Tourism, Culture, and Economic Development Page 1119 of 1522