Miami-Dade Legislative Item
File Number: 161778
   Clerk's Official Copy   
File Number: 161778 File Type: Resolution Status: Adopted
Version: 0 Reference: R-636-16 Control: Board of County Commissioners
File Name: LIBERTY SQUARE AND LINCOLN GARDENS AWARD Introduced: 7/21/2016
Requester: NONE Cost: Final Action: 7/6/2016
Agenda Date: 7/6/2016 Agenda Item Number: 8K2
Notes: THIS IS FINAL VERSION AS ADOPTED; ALSO SEE 160841 Title: RESOLUTION APPROVING SELECTION OF RUDG, LLC, PURSUANT TO REQUEST FOR APPLICATION NO. 2015-01; AS THE DEVELOPER OF LIBERTY SQUARE AND LINCOLN GARDENS PUBLIC HOUSING SITES (LIBERTY SQUARE RISING), WHICH WILL BE PARTIALLY FUNDED WITH BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDING; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE GROUND LEASE AGREEMENTS, ADDITIONAL GROUND LEASES, AND SUBLEASES TO PROVIDE SITE CONTROL OF THE DEVELOPMENTS, A MASTER DEVELOPMENT AGREEMENT, AND ALL NECESSARY MIXED-FINANCE AGREEMENTS AND OTHER DOCUMENTS WITH RUDG, LLC OR ITS SUBSIDIARIES (RELATED URBAN) FOR THE DEVELOPMENT OF LIBERTY SQUARE AND LINCOLN GARDENS, SUBJECT TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S APPROVAL, AND ANY AMENDMENTS, MODIFICATIONS, CANCELLATION, TERMINATION, RENEWAL PROVISIONS, AND ALL OTHER RIGHTS IN THE GROUND LEASES AND MASTER DEVELOPMENT AGREEMENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SUBMIT A DEMOLITION AND DISPOSITION APPLICATION FOR THE LIBERTY SQUARE PUBLIC HOUSING SITE AND A DISPOSITION APPLICATION FOR THE LINCOLN GARDENS PUBLIC HOUSING SITE TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AMENDMENTS TO ANNUAL CONTRIBUTION CONTRACTS, AGREEMENTS, RELEASES, AND ANY OTHER DOCUMENTS THAT MAY BE REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND/OR FLORIDA HOUSING FINANCE CORPORATION; DELEGATING TO COUNTY MAYOR OR MAYOR’S DESIGNEE AUTHORITY TO DETERMINE THE VALUE OF ALTERNATIVE FORM OF SECURITY IN LIEU OF PAYMENT AND PERFORMANCE BOND TO BE PROVIDED TO THE COUNTY BY RUDG, LLC SUBJECT TO CERTAIN PARAMETERS SET FORTH IN THIS RESOLUTION; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-130-06; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE TO PROPERTY APPRAISER’S OFFICE EXECUTED COPIES OF GROUND LEASES WITHIN 30 DAYS OF EXECUTION; AND DIRECTING THE COUNTY MAYOR’S DESIGNEE TO COMPLY WITH REQUIREMENTS OF R-974-09;
Indexes: NONE
Sponsors: NONE
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 7/22/2016 Assigned Terrence A. Smith 7/22/2016
Russell Benford 7/21/2016 Assigned Office of Agenda Coordination 7/21/2016 7/21/2016
Office of Agenda Coordination 7/21/2016 Assigned County Attorney 7/6/2016
REPORT: Amended version to 160841. Please see Sonia's attached email for instructions on how the item should be put together with the new attachments. Thank you!
Board of County Commissioners 7/6/2016 8K2 AMENDED Adopted as amended P
REPORT: Chairman Monestime opened the reasonable opportunity for the public to be heard on this foregoing proposed resolution. Mr. Gerald Reed Jr., 3318 NW 53 Street, Miami, appeared before the Board as Chairman of the Model City Community Advisory Committee’s Housing Committee. He noted that residents needed unity and opportunity, not politically motivated clergy to divide the community without providing solutions. Mr. Reed spoke in support of Related Urban, noting they provided a commitment to Section 3 construction jobs with a 33 percent commitment to minority contractors and a 40 percent goal. Ms. Hattie Walker, 1165 NW 189 Street, Miami, appeared before the Board representing Liberty Square Project Family & Friends. She reported never being given the opportunity to meet with the full Liberty Square tenant group. Ms. Walker said that Liberty Square was listed in the National Registry of Historic Places and mentioned keeping the Community Center as a historical site, preserving black history. Ms. Joan Rutherford, 6516 NW 13 Court, Miami, acknowledged Commissioner Edmonson for explaining the details of the proposal in a manner in which it could be understood. Ms. Tangela Sears, 1270 NW 75 Street, Miami, spoke about respecting district commissioners. Bishop James Adams, 1328 NW 3 Avenue, Overtown, addressed the disrespect of Commissioner Edmonson by the County Mayor and urged the Commission to support her decision as an elected representative. Reverend Anthony Tate, 1853 NW 49 Street, Miami, pointed out that Commissioner Edmonson was an elected authority figure in the District and should be allowed to lead her community. He said that overstepping her authority was disrespecting the citizens that voted for her, noting she grew up in that community. Reverend Richard P. Dunn II, 1895 NW 57 Street, Miami, noted he presented a letter from Mr. Leon W. Russell, Vice Chair, National Board of Directors, National Association for the Advancement of Colored People (NAACP) into record; advising that the Miami-Dade Branch refrain from entering into any contracts, agreements, memorandums of understanding or grant documents that have not been previously reviewed and approved by the NACCP President, Chief Executive Officer and General Counsel. He asked the Commission to follow Commissioner Edmonson’s lead. Reverend Billy W. L. Strange, Jr., 1140 NW 62 Street, Miami, noted he did not have a problem with Mayor Gimenez’ decision but was confused over a flawed process which disregarded Commissioner Edmonson and disrespected Liberty City residents. He said that pastors must be peace makers and ensure residents were treated with respect and dignity, that they understood the process and were treated fairly. Reverend Strange, Jr., stated that Liberty Square residents and the surrounding community deserved beneficial services and to not continue living in deplorable conditions. Pastor Douglas Cook, 5946 NW 12 Avenue, Miami, appeared before the Board asking County leaders to gather information and give their best to the city. Reverend R. Joaquin Willis, 6001 NW 8 Street, Miami, noted the process was disrespectful to Commissioner Edmonson’s leadership. He expressed concern that the Liberty Square project was delayed; that there was not a transparent decision process; that there would be very little genuine community transformation; that minority developers would not get an equity experience; and that there would not be sufficient permanent, sustainable job creation or true economic development. Reverend Larrie Lovett, 2799 NW 46 Street, Brownsville, appeared before the Board, noting Reverend Johnny Barber would be speaking on his behalf. Reverend Johnny Barber, 698 NW 47 Terrace, Miami, advised the Board that the political process lacked fairness and transparency without Liberty Square representation on the selection committee and a community voice in the Lincoln Gardens project. He said there should have been a blue ribbon committee rather than a selection committee composed of County employees and under Mayor Gimenez’ influence. Reverend Barber said that all developers should have had the right to win a popularity contest with Liberty Square residents and these actions by the recommended developer caused division and tension within the community. He asked the Board to support Commissioner Edmonson’s decision. Mr. Kenneth Naylor, 2950 SW 27 Avenue, #200, Miami, representing Atlantic Pacific Communities (AP), stated that this was not a level playing field and that AP offered a better design, better community engagement and better economics. He pointed out that the proposed recommendation left millions on table, noting that AP offered an equal developer fee split, an equal cash flow percentage, and a larger ground lease payment. Mr. Naylor said that AP returned 100 percent of the value and control of the property to the County after 15 years rather than selling the property to an unknown third party after 15 years and giving the County one-half of the proceeds as proposed by Related Urban. He noted AP remained committed to delivering the best plan to serve Brownsville, Liberty City and Miami-Dade County. Ms. Vickie Powell, 3381 NW 50 Street, Miami; Mr. Mack Jackson, Jr., 4490 NW 33 Avenue, Miami; Ms. Gwendolyn Johnson, 2117 NW 52 Street, Miami; Ms. Francene Hasama, 2905 NW 51 Terrace, Miami; Ms. Yvette McLeod, 5241 NW 30 Place, Miami, representing the Brownsville Community Center; and Mr. Neal Adams, Jr., 4865 NW 31 Avenue, Miami, allocated their speaking time to Mr. Kenneth Kilpatrick. Mr. Kenneth Kilpatrick, 5167 NW 29 Avenue, Miami, appeared before the Board as President of the Brownsville Civic Neighborhood Association. He emphasized that Brownsville residents were excluded from the planning, design and selection stages of the Lincoln Gardens development. Mr. Kilpatrick noted support for Commissioner Edmonson’s rights as the residents’ voice on the County Commission. He addressed the need for a police substation, senior citizen housing set asides, home ownership opportunities and qualification, subsidy programs, Anne Coleman resident set asides, job and contracting opportunities, local contracting hiring, and permanent employment for residents upon project completion. Mr. Kilpatrick requested a community benefits agreement and a memorandum of understanding that was enforceable for the life of the agreement. He concluded with the sentiment that the Brownsville community not be disenfranchised in the future. Madame Renita Holmes, 350 NW Labrae Place, Miami, representing the Women’s Association Alliance Addressing Injustice and Violent Epidemia of Women (WAAIVE) suggested that issues related to safety and children be considered first. She said that women and children should not be displaced and received proper relocation assistance. Ms. Tracy Thomas and Mr. Lenoris Walden, 1221 NE 110 Terrace, Miami; and Ms. Sharon Lumpkin, 6217 NW 14 Street, Miami, allocated their speaking time to Reverend Carl Johnson. Reverend Carl Johnson, 2330 NW 93 Street, Miami, appeared before the Board pointing out that although he respected Mayor Gimenez, he disagreed with his motives. Reverend Johnson mentioned that he met with the Mayor to discuss a possible injustice at the Liberty Square project, noting the Mayor said he looked for the best deal with the best benefits. He indicated that Commissioner Edmonson was left out of the process and questioned whether the County’s partner in the proposal was the developer or the people. Mr. Ario Lundy, 1201 NW 3 Avenue, Overtown, representing Palmetto Homes, appeared before the Board. He indicated that he was a local builder given the opportunity by Atlantic Pacific to put ex-felons and local residents to work building affordable homes in the community long before this Request for Proposal was released. Reverend Carlie Dunbar, 20150 NW 59 Court, Miami, noted he was raised in Liberty Square and spoke in support of Commissioner Edmonson’s right to speak on behalf of the community she represented. He expressed concern that the Inspector General was called to review allegations of impropriety. Mr. Simon Chambers, 1360 Sharazad Boulevard, #A6, Opa-locka, spoke on behalf of Ms. Mary Chambers, residing at the same address. He stated that he believed Atlantic Pacific would contribute to a better community with better jobs while stopping the violence. Ms. Sherron Williams, 1221 NE 110 Terrace, Miami, stated she was a product of Liberty Square and asked for no more delays. Ms. Melody Dyson, 1101 NW 60 Street, Miami, suggested each developer be given one of the two projects and everyone worked together in unity. Mr. Bernie Israel, 1072 NW 55 Street, Miami, spoke on behalf of Mr. Bernie Israel, Jr., residing at the same address. He commented on the need for jobs in the community. Ms. Denise Whitehead, 2449 NW 86 Street, Miami, allocated her speaking time to Ms. Shirley Lewis. Ms. Shirley Lewis, 8595 W 25 Avenue, Miami, addressed the need for a fair, open and transparent process. She commented that people living, working and playing in the community needed to be involved in the process; not the lobbyists with special interests. Mr. William Smith, 2320 NW 95 Street, Miami, addressed the need for a local trolley and for a Publix supermarket in the community. Ms. Tameca Williams, 8570 NW 30 Avenue, Miami and Mr. Craig Dyson, 6509 NE 1 Place, Miami, allocated their speaking time to Ms. Clara Gilbert. Ms. Clara Gilbert, 3830 NW 183 Street, #A108, Miami, addressed the need to bring the white, black, and Hispanic communities together and the need for jobs. Ms. Stephanie Symonette, 1001 NW 54 Street, #812, Miami, reported that she was upset that homes would be taken away and existing residents would be put in the back of the development. She expressed concern that black history would be wiped out by renaming the community and commented on the need for jobs. Mr. Emmanuel Uche, 4128 N. Miami Avenue, Miami, addressed the need for the Commission to abide by the law, to do the right thing and to protect County residents. Ms. Brenda Broadnax, 952 NE 199 Street, #215, Miami, spoke in support of Atlantic Pacific. Mr. Lamar Norman, 14260 NW 22 Avenue, Miami, indicated that jobs should be given to Liberty Square and City of Miami residents and that relocated residents should be given the first option to be placed in new housing. Ms. Leah Brooks, 19555 NW 5 Avenue, Miami Gardens, noted she was a product of Liberty Square and remembered when the community was a safe, warm loving place. She pointed out that Liberty Square residents needed transparency, respect, a brighter future and to believe this process was in their best interest. Mr. Jerry Campbell, 3520 NW 193 Street, Miami, spoke in support of Commissioner Edmonson’s position, noting a social and economic injustice for minorities. He commented on the need for more community growth. Dr. Lanetta Bronte, 1120 NW 14 Street, Miami, Associate Professor, University Of Miami, Miller School of Medicine, Department of Public Health Sciences, noted the Department’s support of Related Urban. She indicated the comprehensive redesign project was a great opportunity to create timeless spaces recognizing the dignity of life and respect for a historically proud community. Dr. Bronte said the Department would partner with Related Urban to create positive urban resilience; the ability of residents to recover quickly, more determined and more resolve to be successful. She reported the partnership’s goal was to develop strong and cooperative relationships between residents and stakeholders. Mr. Doug Mayer and Ms. Samantha Quarterman, 2130 NW 13 Street, Miami, appeared before the Board representing Multi Ethnic Youth Group Association (MEYGA) – Program for Liberty Square Kids. Mr. Mayer introduced Mr. Walter Dennis, a MEYGA teacher and MEYGA program students. He expressed support for Related Urban’s proposal, noting strength in the proposed community benefits. Mr. Darryl Holsendolph, 655 North Biscayne River Drive, Miami, representing the National Association for the Advancement of Colored People (NAACP), commented on the need to listen to the residents rather than to people who were not living in the horrible living conditions. He said the Miami-Dade NAACP Branch voted to support Liberty Square redevelopment. Mr. Holsendolph stressed putting people over the politics in one of our poorest neighborhoods and moving the community forward with no more delays. Mr. Joseph Johnson, 2500 NW 65 Street, Miami allocated his speaking time to Mr. Gerald Snell. Mr. Gerald Snell, 2320 NW 62 Street, #203, Miami, indicated he supported Atlantic Pacific’s proposal and Mr. Ariel from Palmetto Homes, noting they gave him a second chance with job training, employment and housing assistance after his release from prison. Mr. Snell said that providing assistance to youth ex-offenders will help make our community a better place to live. Mr. Quintin Bunch, 5450 NW 1 Avenue, Miami, commented on the positive experience working with Altantic Pacific. Mr. Joseph Polydoir, 936 NW 64 Street, Miami, stated that he was an ex-offender who was now employed by Atlantic Pacific and expressed his appreciation to them for giving him the opportunity to work. Mr. Edwin S. Gaitor, 220 NE 123 Street, Miami, representing All In One Property Maintenance LLC, spoke about the need to do the right thing for the people, noting its importance to the community. Mr. Johnny R. Smith, Jr., 467 NW 8 Street, Miami, advised the Commission to stop fighting; to end the delays; and to come to an understanding on an agreement for the project. Ms. Alicia McKenzie, 1300 NW 63 Terrace, Miami, commented on inferior living conditions and crime in the area, noting the need for a better community with new buildings. She pointed out that Related Urban was the only developer present and concerned about the residents at weekly community meetings. Ms. McKenzie reported that Related Urban gave her a job in the community helping others. Ms. Maria Williams, 1230 NW 63 Street, Miami, noted she lived in Liberty Square for the past 20 years and acknowledged Commissioner Edmonson and Mayor Gimenez for visiting the community and its residents. She indicated that Related Urban was the only developer who approached residents to discuss the proposed changes. Ms. Williams commented that she was tired of living in fear and wanted to see Liberty Square become something better for its residents and the children living in the community. She asked the Commission to support the Liberty Square residents’ desires. Ms. Joyce Felming, 1339 NW 68 Street, Miami, indicated she was a 30 year Liberty Square resident. She noted the need for better housing for all residents, including the elderly. Mr. Xavier Cortada, 4664 SW 75 Avenue, Miami, stated that he previously worked with artists at Liberty Square as Director of Public Art Transforming Housing, assisting its residents change their lives. He indicated that he was currently an Artist in Residence at Florida International University (FIU) and introduced FIU to Related Urban because he believed in them, having worked with them in seven public housing sites. Mr. Kareem T. Brantley, 444 Brickell Avenue, Miami, mentioned that he represented Related Urban as an equity partner and project manager, noting he was a local home and apartment developer. He said this was a transformative approach which was culturally sensitive to the neighborhood. Mr. Brantley asked the Board to support the proposed development. Ms. Jeanette Walker, 1905 NW 74 Street, #101, Miami, spoke in support of Commissioner Edmonson’s decision. She commented on the success of the Scott Carver development and how Liberty Square could benefit from this new development. Mr. Nathaniel J. Wilcox, 3111 NW 135 Street, Opa-locka, mentioned that over 1,000 families were waiting on the Commission’s decision. He said that no one should be disrespected, noting Mayor Gimenez and the Commission needed to come together and finalize a decision that will impact many people. Mr. Wilcox spoke in support of the Liberty Square redevelopment proposal. He said that although everything was not perfect, this was an opportunity to move the project forward and continue to work out the final details. Mr. Roy Hardemon, 65 NW 48 Street, Miami, noted concern that the project was on-hold and addressed the need for it to be completed. Ms. Essie Mae Redmond, 7691 NW 12 Court, Miami, noted she was a product of the Liberty Square area. She expressed concern about the living conditions of current residents and asked the Commission to support the Related Urban proposal. Mr. Mac McCoy, 3111 NW 135 Street, Miami, spoke in support of Related Urban and the need for social and economic change in the community. Ms. Crystal Corner, 6516 NW 12 Court, Miami; Ms. Mildred Cullier, 6304 NW 14 Avenue, Miami and Mr. Eric Thompson, 1600 NW 77 Terrace, Miami, allocated their speaking time to Ms. Sara L. Smith. Ms. Sara L. Smith, 1305 NW 15 Terrace, Miami, noted she represented the Liberty Square Council and its residents and asked the Commission to support the development with no more delays. Ms. Smith said that the Liberty Square residents were not divided. She mentioned that the Council was investigated by the Inspector General over a rental car, noting that no-one was being paid by a developer to support the project. Ms. Smith asked the Commission to consider the residents and their living conditions and not make this a political decision. She said that people desperately needed change in the community, jobs, respect and dignity. Mr. Ronald Frazier, 900 NE 97 Street, Miami, representing BAC Funding Corp., spoke in support of Related Urban. He pointed out that Related Urban offered a better project design solution with better amenities that would create a better urban environment for its residents and Liberty City. Mr. Frazier said the development was more than building homes and creating jobs, but about transforming a community, diversity, inclusion, economic and business development, and wealth creation. He noted the community benefit package was very responsive to economic and business development as well as residential community needs and designs. Mr. Frazier indicated that Related Urban was setting aside $1 million in project funds and engaged BAC to develop a loan program for black businesses at an interest rate of .05 percent over prime. Mr. Robert Holland, 3250 NE First Avenue, Suite 334, Miami, noted he represented Related Urban. He commented that over 50 percent of the commitments in this $300 million proposal were to small and minority businesses with an emphasis on black contractors and workers. Mr. Holland stated that this was a major commitment by Related Urban to transform a community, noting the County could not ask for this type of commitment, as it would have violated the Small Business Development program provisions relating to availability. Mr. Luis Castellon, 333 Brickell Avenue, Miami, noted he allocated his speaking time to Mr. Albert Dotson, Jr. Mr. Albert Dotson, Jr., Bilzin Sumberg, 1450 Brickell Avenue, Miami, indicated that he represented Related Urban. He stated that Commissioner Edmonson championed the Liberty Square Rising project; that she previously appeared before the County Commission asking that the project precede with no more delays; and that Brownsville was included. Mr. Dotson pointed out that Related Urban met with Brownsville on numerous occasions, noting strong benchmarks and commitments were set forth in the master development agreement as a result of those meetings. He said that the Public Defender's involvement would ensure criminal records for felons would be expunged. Mr. Dotson reported that the process was entirely transparent; that everything was set forth in the Request for Application (RFA) as public; and that the Best and Final Offers were authorized. He indicated that this project had countywide impact, as evidenced by most people speaking against it not living in the area. Mr. Dotson said that every Commissioner should have the right to speak and be heard and to make sure that this project is approved. Mr. Gordon Eric Knowles, 100 S. Biscayne Boulevard, Miami, appeared before the Board representing the Miami-Dade Chamber of Commerce. He reported that Miami was recently recognized as the fiftieth worst city to live because of the disparity amongst various communities. Mr. Knowles added that the Liberty Square project was a game changer and was about everyone living and prospering in the community. He said that several stakeholders have come together, including the NAACP and the Asian American Chamber of Commerce to work with Related Urban to ensure the community benefits was realized. Mr. Knowles indicated that millions of dollars would be returned to the community through this project and black businesses would be hired, putting black people to work. He stated that the Chamber supported Related Urban. Mr. Ceddonis Parker, 6140-A NW 7 Avenue, Miami, addressed the Board asking them to consider the safety, harmony and peace of children. Ms. Suzan McDowell, 38 NW 105 Street, Miami Shores, President and Chief Executive Officer, Circle of One Marketing, expressed her support for Related Urban. She said that Mr. Albert Milo cared about the community; that they worked together on several affordable housing projects; and that those projects provided first class living conditions for its residents. Ms. Teri Williams, 3275 NW 79 Street, Miami, President and Chief Operating Officer, OneUnited Bank, reported that she previously expressed her support for Related Urban in Miami Herald and Miami Times editorials. She shared her experience with Liberty Square residents when teaching a financial literacy class in that community, noting they were enthusiastic, they asked questions and wanted to get prepared for home ownership by repairing their credit and seeking job opportunities. Ms. Williams said the community owed it to Liberty Square and its residents to approve this proposal and to continue to work with the residents to ensure that Related Urban was held accountable and given every opportunity to succeed. Mr. Albert Milo, 444 Brickell Avenue, #301, Miami, representing Related Urban, clarified that Related Urban considered all the community concerns when preparing the Best and Final Offer, unlike Atlantic Pacific. He mentioned that Related Urban understood that both the Liberty Square and the Brownsville communities were separate communities with unique needs. Mr. Milo reported that the Related Urban proposal ensured that all Liberty Square residents would be able to remain in the development during and after construction. He said Related Urban exceeded the required 640 replacement public housing units at Liberty Square and gave the County the opportunity to build an additional 170 public housing units to serve Anne Coleman residents and other individuals living across the street. Mr. Milo commented that Related Urban met with Brownsville residents and would expand upon those efforts. He pointed out that Related Urban’s proposal included workforce housing, elderly housing, affordable and public housing, which Atlantic Pacific’s proposal did not offer. Mr. Milo indicated that Related Urban was setting aside $1 million with BAC Funding to promote small businesses, noting this was not a provision in the County contract and an unprecedented fifty percent of the work was committed to small businesses. He added that a community benefits program was also included in the contract with benchmarks which needed to be adhered to. Mr. Milo spoke about the commitment to bring a national grocery store to the development. Mr. Jorge Perez, 315 S. Biscayne Boulevard, Miami, representing the Related Group, described his educational background and professional career as an urban planner and affordable housing developer. He commented on his commitment to the community and the project. Mr. Perez said that the development was a city-wide transformative project, noting that changing the neighborhood with meaningful housing and economic development would be something Miami-Dade County would be proud of and would become a national model of urban rehabilitation. He assured the Commission that he would be fully involved and that Related Urban promised to deliver everything they committed to in the proposal. Mr. Perez stated that Related Urban was the largest private multi-family builder and affordable housing developer in the Country. (Please see Agenda Item No. 8K2 AMENDED CONT for additional discussion.)
Legislative Text

TITLE
RESOLUTION APPROVING SELECTION OF RUDG, LLC, PURSUANT TO REQUEST FOR APPLICATION NO. 2015-01; AS THE DEVELOPER OF LIBERTY SQUARE AND LINCOLN GARDENS PUBLIC HOUSING SITES (LIBERTY SQUARE RISING), WHICH WILL BE PARTIALLY FUNDED WITH BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDING; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GROUND LEASE AGREEMENTS, ADDITIONAL GROUND LEASES, AND SUBLEASES TO PROVIDE SITE CONTROL OF THE DEVELOPMENTS, A MASTER DEVELOPMENT AGREEMENT, AND ALL NECESSARY MIXED-FINANCE AGREEMENTS AND OTHER DOCUMENTS WITH RUDG, LLC OR ITS SUBSIDIARIES (RELATED URBAN) FOR THE DEVELOPMENT OF LIBERTY SQUARE AND LINCOLN GARDENS, SUBJECT TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT�S APPROVAL, AND ANY AMENDMENTS, MODIFICATIONS, CANCELLATION, TERMINATION, RENEWAL PROVISIONS, AND ALL OTHER RIGHTS IN THE GROUND LEASES AND MASTER DEVELOPMENT AGREEMENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT A DEMOLITION AND DISPOSITION APPLICATION FOR THE LIBERTY SQUARE PUBLIC HOUSING SITE AND A DISPOSITION APPLICATION FOR THE LINCOLN GARDENS PUBLIC HOUSING SITE TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AMENDMENTS TO ANNUAL CONTRIBUTION CONTRACTS, AGREEMENTS, RELEASES, AND ANY OTHER DOCUMENTS THAT MAY BE REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND/OR FLORIDA HOUSING FINANCE CORPORATION; DELEGATING TO COUNTY MAYOR OR MAYOR�S DESIGNEE AUTHORITY TO DETERMINE THE VALUE OF ALTERNATIVE FORM OF SECURITY IN LIEU OF PAYMENT AND PERFORMANCE BOND TO BE PROVIDED TO THE COUNTY BY RUDG, LLC SUBJECT TO CERTAIN PARAMETERS SET FORTH IN THIS RESOLUTION; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-130-06; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE TO PROPERTY APPRAISER�S OFFICE EXECUTED COPIES OF GROUND LEASES WITHIN 30 DAYS OF EXECUTION; AND DIRECTING THE COUNTY MAYOR�S DESIGNEE TO COMPLY WITH REQUIREMENTS OF R-974-09;

BODY
WHEREAS, there has been no formal bid protest received by the County; and

WHEREAS, at the July 6, 2016 Board of County Commissioners Meeting, RUDG, LLC (�Related Urban�) distributed two letters, attached hereto as Exhibit �D,� offering amendments to the Master Development Agreement (�RUDG Amendments�); and

WHEREAS, at the July 6, 2016 Board of County Commissioners Meeting duly authorized representatives of Related Urban also agreed to further amend the Master Development Agreement as follows (�Board Amendments�):
� Related Urban shall pay Davis-Bacon wages or the County�s Responsible Wages, whichever are higher, to the extent permitted by law and approved by the United States Department of Housing and Urban Development;
� Liquidated damages shall be included for violations of the Community Benefits Agreement set forth in Exhibit A to the Master Development Agreement (�Community Benefits Agreement�);
� In addition to the monitoring requirements set forth the Master Development Agreement, the County�s Small Business Division of the Internal Services Department shall be entitled to monitor compliance with all small business and Section 3 hiring obligations in the Community Benefits Agreement;
� Related Urban shall deliver quarterly reports to this Board during the development of the project;
� Related Urban shall provide mentoring opportunities to small businesses through each phase of the development;
� Related Urban shall provide this Board, within 45 days of the effective date of this Resolution, an action plan for hiring small businesses, Section 3 businesses and Section 3 resident-owned business during the development of the project;
� The voluntary scholarship fund proposed by Related Urban will be added as an obligation within the Master Development Agreement; and
� Related Urban shall co-operate with the County, and any other applicable government entities, to implement a shuttle service for residents of the project; and

WHEREAS, this Board made its approval of the selection Related Urban as the master developer of Liberty Square and Lincoln Gardens as well as all ground leases, development agreements and other documents subject to the RUDG Amendments and the Board Amendments; and

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:

Section 1. The foregoing recitals are incorporated in this resolution and are approved.

Section 2. This Board approves the selection of Related Urban as the developer of Liberty Square and Lincoln Gardens (�Liberty Square Rising�).

Section 3. This Board authorizes the County Mayor or the County Mayor�s designee to execute ground lease agreements with RUDG, LLC or its subsidiaries (Related Urban), in substantially the form attached hereto as Exhibits �A� and �B� and made a part hereof, to provide site control of Lincoln Gardens and Liberty Square public housing sites for the purpose of submitting applications for low income tax credit to Florida Housing Finance Corporation (Finance Corporation). This Board also authorizes the County Mayor or the County Mayor�s designee to execute any additional ground leases that may be necessary to preserve site control with Related Urban, subject to Housing and Urban Development�s approval. This Board further authorizes the County Mayor or the County Mayor�s designee to consent, at the County Mayor or the County Mayor�s designee�s sole discretion, to Related Urban entering into sub-ground leases, where applicable, and as may be required to meet the requirements of the Finance Corporation and/or Housing and Urban Development.

Section 4. This Board approves the terms and authorizes the County Mayor or the County Mayor�s designee to execute a Master Development Agreement with Related Urban for the development of Liberty Square Rising, in substantially the form attached hereto as Exhibit �C�, as amended in the manner set forth in this Resolution, subject to Housing and Urban Development�s approval.

Section 5. This Board further authorizes the County Mayor or County Mayor�s designee to exercise any amendments, modification, cancellation, termination, and renewal provisions and any other rights contained in the ground leases and master development agreement.

Section 6. This Board also authorizes the County Mayor or the County Mayor�s designee to execute all necessary mixed-finance agreements, amendments to the annual contribution contract and all other documents with Related Urban, including but not limited to amendments, agreements, releases, ground leases and any other documents, subject to Housing and Urban Development�s approval.

Section 7. This Board delegates to the County Mayor or the Mayor�s designee the authority to determine the value and sufficiency of the alternative form of security in lieu of a payment and performance bond for Liberty Square Rising, provided that, in determining the sufficiency and value of the alternative security the County Mayor or the County Mayor�s designee will consider the nature, history and financial capabilities of Related Urban, the contractual obligations secured by the alternative security, and the contractual safeguards in place to protect payments to persons performing the work and require that, prior to commencement of the work or purchase of supplies, any and all contractors hired by Related Urban to perform work for Liberty Square Rising has executed, delivered, and recorded in the public records a statutory payment and performance bond in the full amount of the contract naming the County as an obligee, all as required by Section 255.05, Florida Statutes.

Section 8. This Board authorizes the County Mayor or the County Mayor�s designee to submit a disposition and demolition application for the Liberty Square public housing site and a disposition application for the Lincoln Gardens public housing site to Housing and Urban Development. This Board also authorizes the County Mayor or County Mayor�s designee to execute amendments to annual contributions contracts, if required, to execute any agreements, releases from declarations, and any other documents on behalf of the County that may be required by the Housing and Urban Development, and to exercise amendments, modifications, cancellation, and termination clauses contained therein.

Section 9. This Board waives the requirements of Resolution No. R-130-06, which requires that all contracts must be fully negotiated and executed by a non-County party since neither the County, Related Urban can execute any mixed finance agreements, including but limited to the Master Development Agreement for Liberty Square and Lincoln Gardens and ground leases for Lincoln Gardens and Liberty Square, without Housing and Urban Development�s prior approval.

Section 10. The County Mayor or the County Mayor�s designee is hereby directed to provide to the Property Appraiser�s Office executed copies of the ground leases and operating agreements within 30 days of their execution.

Section 11. The Master Development Agreement shall be amended to incorporate the RUDG Amendments and the Board Amendments. To the extent the RUDG Amendments or Board Amendments have not been fully reduced to writing, this Board authorizes and directs the County Mayor or County Mayor�s designee to negotiate industry standard terms and incorporate the same into the Master Development Agreement as necessary to give effect and implement those amendments. All authorizations and approvals provided in this Resolution are subject to the successful negotiation of the RUDG Amendments and the Board Amendments into the Master Development Agreement and are not effective until an amended Master Development Agreement, including the RUDG Amendments and the Board Amendments, is completed and submitted to the Clerk of the Board for inclusion in the record.

Section 12. The County Mayor or the County Mayor�s designee, pursuant to Resolution No. R-974-09, shall record in the public record all ground leases, covenants, reverters and mortgages creating or reserving a real property interest in favor of the County and shall provide a copy of such recorded instruments to the Clerk of the Board within 30 days of execution and final acceptance. The Board directs the Clerk of the Board, pursuant to Resolution No. R-974-09, to attach and permanently store a recorded copy of any instrument provided in accordance herewith together with this resolution.


HEADER
Date:
To: Honorable Chairman Jean Monestime
and Members, Board of County CommissionersFrom: Carlos A. Gimenez
Mayor
Subject: Recommendation for Approval to Award RUDG, LLC as Developer of Liberty Square and Lincoln Gardens
in Response to Request for Application No. 2015-01, Execution of Ground Leases and Master Development Agreement

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board):

1) Approve the selection of RUDG, LLC as the developer of Liberty Square and Lincoln Gardens (Liberty Square Rising);

2) Authorize the County Mayor or the County Mayor�s designee to execute ground leases (Leases) with RUDG, LLC or its subsidiaries (Related Urban) for the purpose of providing site control of the Lincoln Gardens and Liberty Square public housing sites to Related Urban, which is required for their application for Low Income Housing Tax Credits (Housing Tax Credits) from the Florida Housing Finance Corporation (Housing Finance Corporation); to consent, at the County Mayor or the County Mayor�s designee�s sole discretion, to Related Urban, entering into sub-ground leases, where applicable and as may be required, to meet the requirements of the Housing Finance Corporation and/or U.S. Department of Housing and Urban Development (Housing and Urban Development);and to execute additional ground leases as may be required to preserve Related Urban�s site control over the development;

3) Authorize the County Mayor or County Mayor�s designee to execute a Master Development Agreement with Related Urban , subject to the Housing and Urban Development�s approval, for the development of Liberty Square Rising;

4) Authorize the County Mayor or County Mayor�s designee to exercise any amendments, modification, cancellation, termination, and renewal provisions, and any other rights contained in the Master Development Agreement and the Leases.

5) Delegate to the County Mayor or the Mayor�s designee the authority to determine the value and sufficiency of the alternative form of security in lieu of a payment and performance bond for Liberty Square and Lincoln Gardens (Liberty Square Rising), provided that, in determining the sufficiency and value of the alternative security the County Mayor or the County Mayor�s designee will consider the nature, history, and financial capabilities of Related Urban, the contractual obligations secured by the alternative security and the contractual safeguards in place to protect payments to persons performing the work, and require that, prior to commencement of the work or purchase of supplies, any and all contractors hired by Related Urban to perform work for Liberty Square Rising has executed, delivered, and recorded in the public records a statutory payment and performance bond in the full amount of the contract naming the County as an obligee, as required by Section 255.05 of the Florida Statutes; �

6) Authorize the County Mayor or the County Mayor�s designee to execute all necessary mixed-finance agreements and all other documents with Related Urban, including but not limited to amendments, agreements, releases and ground leases, subject to Housing and Urban Development�s approval;

7) Authorize the County Mayor or the County Mayor�s designee to submit a demolition and disposition application for the Liberty Square public housing site and a disposition application for the Lincoln Gardens public housing site to Housing and Urban Development;

8) Authorize the County Mayor or the County Mayor�s designee to execute an amendment(s) to the Annual Contribution Contract(s), which provides for the County�s receipt of public housing subsidy, subject to Housing and Urban Development�s approval; and

9) Waive the requirements of Resolution No. R-130-06, which requires that all contracts must be fully negotiated and executed by a non-County party since neither the County, nor Related Urban, can execute any mixed finance agreements, including but limited to the Master Development Agreement and the Leases, without Housing and Urban Development�s prior approval.

CONTRACT NO: Request for Applications No. 2015-01

CONTRACT TITLE: Request for Applications No. 2015-01, Redevelopment of Liberty Square and Lincoln Gardens; �Liberty Square Rising.�
DESCRIPTION: Subject to Housing and Urban Development�s approval, Related Urban or its subsidiary, will execute necessary mixed-finance documents, including but not limited to a master development agreement, with the County and perform all requirements indicated therein. Related Urban will plan and implement all aspects of the redevelopment plan in close coordination with the Miami-Dade Public Housing and Community Development Department (Department). Related Urban will provide an extensive community engagement and planning process to review and obtain input on all aspects of the redevelopment and will work cooperatively with the Department, Liberty Square residents, their resident council, and other stakeholders, including the City of Miami (including City Manager, Building and Zoning, City of Miami Police Department, etc.), the School Board, social services agencies, community groups, private foundations and companies, etc. The scope of work is further described in the Master Development Agreement.

TERM: 75 years from the construction financing closing date (commencement date) pursuant to Ground Leases
CONTRACT AMOUNT: For Liberty Square Rising, the total estimated development cost is $307,216,350.00.

DEVELOPER: RUDG, LLC

USING/MANAGING
AGENCY: Miami-Dade Public Housing and Community Development Department (Department).

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

LOCAL
PREFERENCE: Not applicable due to public housing federal subsidy funding restrictions against applying geographical preferences.

ESTIMATED
CONTRACT
COMMENCEMENT
DATE: Upon the approval of all mixed-finance documents by Housing and Urban Development

DELEGATED
AUTHORITY: The County Mayor or the County Mayor�s designee will have the authority (1) to execute ground leases for purpose of providing Related Urban with site control of Lincoln Gardens and Liberty Square; (2) to execute a master development agreement with Related Urban for the development of Liberty Square Rising, subject to the Board and Housing and Urban Development�s approval; (3) to execute any additional ground leases that may be necessary to preserve site control with Related Urban, subject to Housing and Urban Development�s approval; (4) to consent, at the County Mayor or the County Mayor�s designee�s sole discretion, to Related Urban or entering into sub-ground leases, where applicable and as may be required, to meet the requirements of the Housing Finance Corporation and/or Housing and Urban Development; (5) to determine the value and sufficiency of the alternative form of security in lieu of a payment and performance bond for Liberty Square Rising, provided that, in determining the sufficiency and value of the alternative security the County Mayor or the County Mayor�s designee will consider the nature, history, and financial capabilities of Related Urban, the contractual obligations secured, by the alternative security, and the contractual safeguards in place to protect payments to persons performing the work and require that, prior to commencement of the work or purchase of supplies, any and all contractors hired by Related Urban to perform work for Liberty Square Rising has executed, delivered, and recorded in the public records a statutory payment and performance bond in the full amount of the contract naming the County as an obligee, all as required by Section 255.05 of the Florida Statutes; (6) to submit a disposition and demolition application for the Liberty Square public housing site and a disposition application for the Lincoln Gardens public housing site to Housing and Urban Development; (7) to execute amendments to annual contributions contracts, if required; (8) to execute any agreements, releases from declarations, and any other documents on behalf of the County that may be required by Housing and Urban Development, and/or Florida Housing Finance Corporation; and (9) to exercise amendments, modifications, cancellation, termination, and renewal clauses contained therein.

SCOPE: Development of Liberty Square Rising will occur on two (2) existing public housing sites Liberty Square and Lincoln Gardens, with a total of 1,572 units. The development of the Liberty Square site, bounded by NW 67 Street and NW 62 Street, NW 15 Avenue and NW 12 Avenue, will include 1,332 units comprised of 640 public housing units, 632 non-public housing rental units and 60 homeownership units. Development of the Lincoln Gardens site, located at 4701 NW 24 Court, Miami, Florida, 33147, will include a total of 240 rental units comprised of 117 public housing units and 123 non-public housing units. Green areas, parking areas, community spaces, retail spaces, and other amenities and uses are also contemplated for the project. The project will include multiple phases so that families are not displaced off-site during demolition and construction. Additional project details are enumerated in the master development agreement.
Liberty Square Rising is located within District 3, which is represented by Commissioner Audrey Edmonson.

COUNTY FUNDING
SOURCE/ Fiscal impact to the County for Liberty Square Rising is
FISCAL IMPACT: anticipated at approximately $32,300,000.00 in General Obligation Bonds (GOB) as approved by Resolution No. R-852-15; $6,000,000.00 in Documentary Surtax funding (with $2,000,000 over three (3) Surtax funding cycles 2015, 2016, and 2017); and $8,000,000.00 from the Capital Fund Financing Program (CFFP) funds, for a total of approximately $46,000,000.00 Pursuant to the Master Development Agreement the County will receive a financial benefit from the Developer totaling $48,078,466.00 (see Exhibit B of the Master Development Agreement).

TRACK RECORD/
MONITORING: Jorge R. Cibran, AIA, Director of Development Division for the Department

Background:
The Department issued a competitive solicitation on May 27, 2015 titled: Request for Applications No. 2015-01 to Developer Pool Pursuant to RFQ #794A, #794B and #794C for Redevelopment of Liberty Square and Lincoln Gardens "Liberty Square Rising" (RFA). Liberty Square is the County's largest and oldest public housing site. It contains approximately 57 acres and is bounded by NW 67 Street and NW 62 Street, NW 15 Avenue and NW 12 Avenue. Lincoln Gardens is a vacant 9 acre site located at 4701 NW 24 Court (approximately two (2) miles from Liberty Square). The development of these two (2) sites comprises the project commonly known as �Liberty Square Rising.� The services to be provided under this contract will include but are not limited to: (1) obtaining project financing; (2) providing employment opportunities for very low-, low- and moderate-income residents' housed in development areas; (3) providing participation for small and minority firms, and women-owned enterprises, certified pursuant to Section 3 of the Housing and Urban Development Act of 1968; (4) engagement with community stakeholders and residents to receive input on various aspects of the project, such as crime prevention through environmental design, unit configurations, amenities and job training; and (5) providing development of both public and non-public housing, and other uses with a mixed-finance, mixed-income, and mixed-use approach.
Six (6) proposals were received in response to the solicitation by the due date of July 9, 2015. Subsequently, a ten (10)-member selection committee was appointed comprised of individuals from the community, the resident council of Liberty Square, academia, and County staff. The Chairwoman of the selection committee was a non-voting member. The voting selection committee members reviewed the proposals and scored them based on evaluation criteria indicated in the solicitation. There was a 45 point differential between the two (2) top-ranked firms, Atlantic Pacific Communities, LLC (Atlantic Pacific) and Related Urban. Even though Atlantic Pacific received the highest overall point total, eight (8) out of nine (9) voting selection committee members scored Related Urban higher than Atlantic Pacific.
On January 20, 2016, the selection committee chair forwarded a memorandum advising me of the scoring results (Exhibit A). A decision was made that the County would proceed by requesting best and final offers, which is permitted under the solicitation, from the two (2) highest-ranked firms, (Exhibit B). On January 22, 2016, the selection committee chair forwarded a letter to Atlantic Pacific and Related Urban informing them of our decision. The intention of the best and final offer was to secure the best possible financial return to the County, and most beneficial combination of housing options and amenities consistent with the best interest of the residents of Liberty Square and Miami-Dade County. Atlantic Pacific and Related Urban submitted their best and final offers by the due date of February 5, 2016.
The voting selection committee evaluated the best and final offers submitted by Atlantic Pacific and Related Urban, and scored them based on the evaluation criteria indicated for the best and final offers. The results were then forwarded to me on March 2, 2016 by the selection committee chair, along with a recommendation to enter into negotiations with the Related Urban. I approved the recommendation to enter into negotiations with the highest ranked proposer, Related Urban. The result of the best and final offers, the recommendation to enter into negotiations, and my approval of the recommendation is attached as Exhibit C of this memorandum. Negotiations resulted in ground leases for Liberty Square and Lincoln Gardens, and a master development agreement, which are attached as Exhibits A, B, and C to the resolution. Therefore, it is recommended that the Board award the development of Liberty Square Rising and site control, through ground leases, to Related Urban. It is the County�s intent to negotiate other mixed-finance agreements with Related Urban after Housing and Urban Development�s approval of the County�s demolition and disposition applications.
In order to proceed with the development of public housing sites, the County, as a public housing authority, must seek prior approval from Housing and Urban Development. This requires the submission, to Housing and Urban Development, of a demolition and disposition application for the existing Liberty Square public housing development, and a disposition application for the Lincoln Gardens public housing site. This Board adopted Resolution No.R-1017-08, authorizing the County Mayor or the County Mayor�s designee to submit a demolition and disposition application to Housing and Urban Development for Lincoln Gardens. The application was submitted to Housing and Urban Development on March 23, 2009 and approved for demolition on July 24, 2009. In its application, the Department proposed to retain the 9.06 acres of vacant land in anticipation of future redevelopment as mixed-finance housing for low-income families. The County cannot submit its applications to Housing and Urban Development without first obtaining approval from the Board. Therefore, it is recommended that the Board approve the attached resolution, authorizing the County Mayor or the County Mayor�s designee to submit a disposition and/or demolition application for the Liberty Square site and a disposition application for the Lincoln Gardens site.
The information provided on Exhibit D of this memorandum is being submitted as required by Resolution Nos. R-376-11 and R-333-15.


____________________________
Jack Osterholt, Deputy Mayor


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