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RESOLUTION APPROVING PURSUANT TO SECTION 125.045, FLORIDA STATUTES, LEASE AND DEVELOPMENT AGREEMENT (�AGREEMENT�) BETWEEN COUNTY AND 13 PISTA, LLC (�DEVELOPER�), FOR LEASE OF APPROXIMATELY 140 ACRES, POTENTIALLY INCREASED BY 10-15 ADDITIONAL ACRES, OF COUNTY LAND AT 20000 NW 47TH AVENUE FOR INITIAL TERM OF 30 YEARS FOR RENT OF NO LESS THAN $33,382,655.07, AND FOR DEVELOPMENT OF COMMUNITY CENTER, POTENTIALLY THREE FACILITIES TO BE LEASED TO NON-PROFIT AGENCIES, AND NORTH DADE GOVERNMENT CENTER, WHICH GOVERNMENT CENTER WILL BE FUNDED USING $7,500,000.00 OF BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; ESTABLISHING LANDMARK TRUST FUND FOR DEPOSIT OF RENTS FROM DEVELOPER; WAIVING COMPETITIVE BIDDING BY A TWO-THIRDS VOTE PURSUANT TO SECTION 5.03(D) OF HOME RULE CHARTER AND SECTION 2-8.1 OF THE COUNTY CODE TO SELECT DEVELOPER AS THE DEVELOPER OF GOVERNMENT CENTER, COMMUNITY CENTER, AND POTENTIALLY THREE OTHER FACILITIES; WAIVING SECTION 2-10.4.2 OF COUNTY CODE, ADMINISTRATIVE ORDER 8-4 AND RESOLUTION NO. R-130-06; DECLARING SURPLUS APPROXIMATELY 12 ACRES OF COUNTY-OWNED PROPERTY AT 11025 S.W. 84TH STREET AND 16345 N.W. 25TH AVENUE, AND APPROVING, PURSUANT TO 125.38, FLORIDA STATUTES, LEASE OF SAID PROPERTY WITH AN INITIAL 5 YEAR TERM TO HIS HOUSE, INC., THE CENTER FOR FAMILY AND CHILD ENRICHMENT, INC., AND THE ASSOCIATION FOR RETARDED CITIZENS, SOUTH FLORIDA, INC., ALL FLORIDA NON-PROFIT CORPORATIONS AND ALL FOR INITIAL TERMS OF 5 YEARS EACH; AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE AGREEMENT AND LEASES AND DELEGATING CERTAIN AUTHORITY REGARDING SAME, SUBJECT TO CONDITIONS PRECEDENT [SEE ORIGINAL ITEM UNDER FILE NO. 180093]

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WHEREAS, recreational precision driving and car clubs are popular forms of entertainment; and
WHEREAS, precision driving courses require large plots of land to build unique tracks and related services; and
WHEREAS, 13 Pista, LLC (�Developer�) desires to develop a multiphase commercial mixed-use entertainment, amusement and recreational facility, to include a precision driving course, hotel, club facilities, and ancillary uses (�Project�) at a cost to Developer of no less than $75,000,000; and
WHEREAS, the County owns certain property located at 20000 NW 47th Avenue in unincorporated Miami-Dade County that includes 140 acres of mostly undeveloped land (�Demised Property�) and Developer has applied to the County for the lease of the Demised Property for the development of the Project; and
WHEREAS, the County seeks to promote economic development, to invigorate the area and community surrounding the Demised Property, and to attract tourism and hospitality industries and companies to Miami-Dade County; and
WHEREAS, accordingly, the County desires to lease the Demised Property to Developer pursuant to Section 125.045, Florida Statutes, for the development and operation of the Project, which the County finds will spur economic development and attract new business, a new industry, and jobs to North Dade; and
WHEREAS, in exchange for the lease of the Demised Property to Developer, Developer has agreed, and would be obligated to, not only pay rent to the County but to also undertake certain improvements, at the sole cost of the Developer, to benefit the County and this community and create no less than 220 new, permanent jobs at the Project; and
WHEREAS, three community social service non-profit agencies, namely, His House, Inc. (�His House�), The Association of Retarded Citizens, South Florida, Inc. (�ARC�), and The Center for Family and Child Enrichment, Inc. (�CFCE� and collectively with His House and ARC referred to as the �Non-Profits�) currently are tenants within buildings on land adjacent to the Demised Property; and
WHEREAS, in exchange for the lease of the Demised Property to Developer, Developer shall, in addition to the obligations set forth herein, pay for and design, develop and construct the new facilities to be leased to the Non-Profits; and
WHEREAS, the facilities to be leased to the Non-Profits will be (i) owned by Community Action and Human Services Department and shall consist in total of approximately 120,900 square feet of interior space, on property known as the Kendall Complex located 11025 S.W. 84th Street, Unincorporated Miami-Dade County (�Kendall Property�) and (ii) owned by the County�s Public Housing and Community Development Department on property located at 16345 N.W. 25th Avenue, Miami Gardens, FL 33054 (�PHCD Property�); and
WHEREAS, however, the Developer also has the option of offering to the Non-Profits, and if the Non-Profits accept, building such new facilities on non-County property located within Miami-Dade County, in which case the County would not own the new facilities nor would the County be a party to the leases of such facilities to the Non-Profits; and
WHEREAS, upon relocation of His House, ARC, and CFCE, the County shall lease that additional land to the Developer, such land shall constitute part of the Demised Property, and Developer shall thereafter pay rent to the County for such additional land based on acreage; and
WHEREAS, the Developer has further agreed, and is obligated to: (i) pay rent to the County in no less than the amount of $33,382.655.07 over the 30 year initial rental term, which rent will increase if additional acres are added to the Demised Property, and a payment to the Miami-Dade Fire Rescue Department of $140,000.00 to assist with renovations to its Fire Station located adjacent to the Demised Property; (ii) design, develop, construct and fully equip, at its sole cost and expense, a 16,000 square foot community center to be located on land adjacent to the Demised Property, which community center shall include a pool and library and shall be operated, upon completion, by the Miami-Dade Parks, Recreation, and Open Spaces Department and the Library Department; and (iii) design, develop, construct and equip, using $7,500,000.00 of Building Better Communities General Obligation Bond Program (�Bond Program�) funds, a North-Dade Government Center on land adjacent to the Demised Property, of which $300,000.00 will be paid to the Developer for its services for overseeing the North Dade Government Center project, and will be thereafter operated and maintained by the Internal Service Department; and
WHEREAS, one of the projects approved by the voters for funding as part of the Bond Program is Project No. 323 � �North Dade Government Center� with an original allocation of $7,500,000.00 (�Project No. 323�) and the following project description: �Construct a government center in the North Dade area;� and
WHEREAS, this Board previously approved, via Resolution No. R-454-17, the designation of the Landmark property as the site for the location of the development of the North Dade Government Center and approved the allocation of such $7,500,000.00 for use thereof at this location; and
WHEREAS, it is in the best interests of the County, for the reasons set forth in the Mayor�s memorandum attached as Exhibit A, to waive competitive bidding pursuant to Section 5.03(D) of the Home Rule Charter and Section 2-8.1(b) of the County Code to select Developer as the County�s developer of the community center, the North Dade Government Center and the new facilities on the Kendall Property and the PHCD Property; and
WHEREAS, in designing and constructing such facilities, the Developer shall comply with all State and County requirements including, but not limited to, competitive selection of a construction contractor, small business measures, payment of responsible wages and art in public places; and
WHEREAS, if the facilities for the Non-Profits are ultimately constructed on the Kendall Property and the PHCD Property, the County desires to lease: (a) the Kendall Property to His House, which property is anticipated to include approximately 100,000 square feet of indoor space and buildings; (b) a portion of the PHCD Property to ARC, which property is anticipated to include approximately 10,000 square feet of indoor space and buildings; and (c) a portion of the PHCD Property to CFCE, which property is anticipated to include approximately 10,900 square feet of indoor space and buildings; and
WHEREAS, His House desires to use the Kendall Property for community interest and welfare purposes, specifically including the provision of child welfare and training programs so as to provide a shelter and location for abused, abandoned, and neglected children as well as children from foreign countries who have been taken into custody by the federal government through the Unaccompanied Alien Children Federal Program, and has applied to the County for the use of the Kendall Property for such purposes; and
WHEREAS, ARC desires to use a portion of the PHCD Property for community interest and welfare purposes, specifically including the provision of therapeutic, education and recreational programs for infants and pre-school children with physical and mental disabilities, and has applied to the County for the use of the PHCD Property for such purposes; and
WHEREAS, CFCE desires to use a portion of the PHCD Property for community interest and welfare purposes, specifically including the provision of services to children in foster care who have been abused, neglected or abandoned, as well as to children with several emotional disturbances and in need of mental health care, children who are chronic runaways and/or are ungovernable and children who come to this country without parents or guardians, and has applied to the County for the use of the PHCD Property for such purposes; and
WHEREAS, the Board finds, pursuant to Section 125.38, Florida Statutes, that the County does not require the Kendall Property nor the PHCD Property, including the improvements to be constructed thereon, for County purposes; and
WHEREAS, the Board, being satisfied that the Non-Profits do desire the Kendall Property and PHCD Property, as applicable, for the purposes set forth herein and in accordance with the community interest and welfare purpose for which they were incorporated, desires to lease such property to the Non-Profits, provided that the new facilities for such Non-Profits are in fact constructed on County property; and
WHEREAS, pursuant to Resolution No. R-333-15, the Property Appraiser�s market value for the entire 165 acres of the Landmark Property is $19,206,941 and, pursuant to the Internal Services Department, based on the Property Appraiser�s valuation, the Demised Property has a fair market value of $16,296,798.42; and
WHEREAS, pursuant to Resolution No. R-333-15, the County Internal Services Department has advised that the current annual market rental for the Kendall Property would range from a payment of $23.00 to $29.00 per square foot per year, and for the PHCD Property would range from a payment of $12.00 to $16.00 per square foot per year; and
WHEREAS, the Kendall Property would be leased to His House for an initial term of 5 years, at an annual rental rate of $870,000 for the first year which amounts to $8.70 per square foot; and
WHEREAS, a portion of the PHCD Property would be leased to ARC for an initial term of 5 years, at an annual rental rate of $84,500.04 for the first year which amounts to $8.45 per square foot; and
WHEREAS, a portion of the PHCD Property would be leased to CFCE for an initial term of 5 years, at an annual rental rate of $94,830 for the first year which amounts to $8.70 per square foot; and
WHEREAS, pursuant to the terms of the lease agreements with the Non-Profits, the County is required to pay for all of the electric, water and sewer expenses of each of the three Non-Profit entities, which utility services are estimated to be $180,000.00 per year for His House during the initial term of its lease, $18,000 per year for ARC for the initial term of its lease, and $19,620.0 per year for CFCE for the initial term of its lease, all to be funded from the rents received from such Non-Profits; and
WHEREAS, the Board finds that a financial hardship would exist in requiring the Non-Profits to pay market rent for the Properties, that the Non-Profits currently do not pay market rent for their existing facilities, and that the leases serve the public interest because the missions of the Non-Profits are beneficial to the community; and
WHEREAS, this Board desires to accomplish the purposes outlined in the Mayor�s Memorandum, 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, pursuant to Section 125.045, Florida Statutes, the Lease and Development Agreement (�Agreement�) between Miami-Dade County and Developer, in [[substantially]]>>generally<<1 the form attached hereto as Exhibit �B,� which provides for:
a. The lease of the Demised Property, which Demised Property shall be developed with the Project and may be expanded by up to 30 additional acres;
b. The creation by Developer of no less than 220 permanent new jobs at the Demised Property;
c. Rent for the initial 30 year term at no less than $33,382.655.07;
d. The development and construction, at the sole cost of the Developer, of a 16,000 square foot community center at the Landmark Property and three new facilities for the Non-Profits; and
e. The development and construction of a North Dade Government Center at the Landmark Property to be built using $7,500,000 of the Bond Program�s Project No. 323 funds.
This Board hereby finds that the Agreement will promote economic growth, attract a new business enterprise, and create permanent jobs, and approves the Agreement as an economic development conveyance.
Section 3. This Board hereby creates and establishes the Landmark Trust Fund, which Trust Fund shall be used for the deposit of all of the rents received from the Developer from lease years 2-30. The monies on deposit in the Landmark Trust Fund shall be used exclusively for the operation and maintenance of the community center to be located at the Landmark Property.
Section 4. For the reasons set forth in the Mayor�s Memorandum attached hereto as Exhibit �A� and made a part hereof, this Board hereby waives competitive bidding by a two-thirds vote of the Board members present pursuant to Section 5.03(D) of the Home Rule Charter and Section 2-8.1(b) of the County Code to select Developer as the developer of the North Dade Government Center, the community center at the Landmark Property, and potentially up to three new facilities at the PHCD Property and the Kendall Property.
Section 5. For the reasons set forth in the Mayor�s Memorandum, this Board waives the provisions of Section 2-10.4.2 of the County Code requiring two MAI appraisals for the Demised Property if its estimated fair market value is over $5,000,000.00. This Board further waives Administrative Order 8-4 and Resolution No. R-130-06 requiring that all contracts be executed as it pertains to the Agreement and to the three leases with the Non-Profits for the Kendall Property and the PHCD Property.
Section 6. This Board declares surplus approximately 7 acres of land at the Kendall Property and improvements that may be built thereon and approximately 5 acres of land at the PHCD Property and improvements that may be built thereon and approves, pursuant to Section 125.38, Florida Statutes, the lease of the Kendall Property to His House and of the PHCD Property to ARC and CFCE for the community interest and welfare purposes for which each of the Non-Profits was established. This Board further approves the form of the lease agreement with His House, ARC and CFCE in substantially the forms attached as Exhibits �C,� �D,� and �E� respectively to this resolution.
Section 7. [[This Board authorizes the County Mayor or the County Mayor�s designee to execute the Agreement and to exercise any and all other rights conferred in the Agreement and to complete all acts necessary to effectuate the Agreement. This Board further directs the County Mayor or Mayor�s designee to appoint staff to monitor compliance with the terms of the Agreement.]]>>This Board delegates the authority to the County Mayor to negotiate and finalize the terms of the Agreement provided:� (a) said terms and conditions are no less favorable, financially or otherwise, to the County as those terms contained in the Agreement attached to this Resolution; (b) the economic development and job hiring conditions and penalties for failure to meet the economic development and job hiring conditions remain the same as those in the attached Agreement; and (c) no policies of this Board are violated or modified in the final terms of the Agreement.� A copy of the final, executed Agreement shall be filed along with this Resolution by the Clerk of the Board.<<
Section 8. Provided that by the deadline set forth in the Agreement: (a) His House does not provide the County with its written notice of its election to have the Developer build a new facility for His House on non-County owned property; (b) ARC does not provide the County with its written notice of its election to have the Developer build a new facility for ARC on non-County owned property; and/or (c) CFCE does not provide the County with its written notice of its election to have the Developer build a new facility for CFCE on non-County owned property, then the County Mayor or Mayor�s designee is hereby authorized to, after the deadline for such election set forth in the Agreement, execute the lease agreement with His House, the lease agreement with ARC and/or the lease agreement with CFCE, as applicable. With respect to any of the Non-Profits that timely elects to the have the Developer build it a new facility on non-County owned property, then the approval for the lease agreement with any such Non-Profit set forth in this resolution shall be null and void and of no further force and effect. For each such execute lease agreement, this Board authorizes the County Mayor or the County Mayor�s designee to exercise any and all other rights conferred in the lease agreement and to complete all acts necessary to effectuate the lease agreement.
Section 9. The Board directs the County Mayor or County Mayor�s designee to provide the Property Appraiser�s Office with copies of the executed Agreement and each executed lease with His House, ARC and CFCE, as applicable, within 30 days of their execution.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.