2018-30281 ResolutionRESOLUTION NO.
2018-30281
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND
READING /PUBLIC HEARING, 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, BY 5 /7THS VOTE, THE COMPETITIVE
BIDDING AND APPRAISAL REQUIREMENTS OF SECTION 82 -39 OF THE CITY
CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO 1 BETWEEN THE CITY AND LESSEE.
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 1040 Collins Avenue, for the construction and
operation of a residential building for elderly housing ( "Council Towers North" 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 approximately 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 271 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 11 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 1040 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; and
WHEREAS, on March 7, 2018, the Mayor and City Commission approved the proposed
lease on first reading, and set a second reading/public hearing for April 11, 2018,
NOW THEREFORE, B IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM I BEACH, FLORIDA, that the Mayor and City Commission
hereby approve, following second reading/public hearing, 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, by 5/7ths vote, the
competitive bidding and appraisal requirements of Section 82-30 of the City Code, finding such
waiver to be in the best interest of the City; and further authorizing the Mayor and City Clerk to
execute Amendment No. 1 between the City and Lessee.
PASSED AND ADOPTED this /.■/ day of 1 1 2018,
ATTEST:
r
Rafael Granada, C ty OLE
an Gelb , Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION