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RESOLUTION APPROVING AMENDMENT NO. 2 TO THE GRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND DADE HERITAGE TRUST, INC. FOR MANAGEMENT OF HISTORIC PRESERVATION FUND FOR AFFORDABLE HOUSING IN THE AMOUNT UP TO $1,000,000.00; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE AMENDMENT, EXERCISE ALL RIGHTS CONTAINED IN THE GRANT AGREEMENT, INCLUDING, BUT NOT LIMITED TO TERMINATION, TECHNICAL AMENDMENT AND MODIFICATION PROVISIONS, AND EXECUTE FUTURE AMENDMENTS IF ADDITIONAL FUNDING IS AUTHORIZED BY THE BOARD; AND APPROVING AN AMENDMENT TO HISTORIC PRESERVATION FUND FOR AFFORDABLE HOUSING GUIDELINES

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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 recital and the memorandum are approved and incorporated as if fully set forth herein.

Section 2. This Board hereby approves Amendment No. 2 to the Grant Agreement (�Amendment�) between Miami-Dade County and Dade Heritage Trust, Inc. (DHT), in an amount up to $1,000,000.00, in substantially the form attached hereto and made a part hereof as Exhibit 1. This Board hereby further authorizes the County Mayor or County Mayor�s designee to execute the amendment. and exercise all rights contained in the grant agreement, including, but not limited to termination, technical amendment and modification provisions that are consistent with this resolution.

Section 3. This Board hereby approves the amendment to the Historic Preservation Fund for Affordable Housing Guidelines (�Guidelines�), attached as Attachment A to Exhibit 1, that sets forth the organization oversight, eligible uses, affordable housing requirements, and payment processes.

Section 4. This Board authorizes the County Mayor or County Mayor�s designee to execute corresponding future amendments to the grant agreement if additional funding is allocated by this Board to DHT for management of the Historic Preservation Revolving Fund for Affordable Housing, subject to the County Attorney Office�s approval.

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Date:

To: Honorable Chairman Jose �Pepe� Diaz
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Second Amendment to Grant Agreement with Dade Heritage Trust, Inc. for the Historic Preservation Fund for Affordable Housing and Amendment to the Historic Preservation Fund for Affordable Housing Guidelines

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution, which does the following:

(1) Approves Amendment No. 2 to the Grant Agreement (Amendment), attached as Exhibit 1 to the resolution, with Dade Heritage Trust, Inc. (DHT) to manage the Historic Preservation Fund for Affordable Housing (Fund);
? The amendment provides that each additional allocation may be disbursed as its own respective one-time advancement

(2) Authorizes the County Mayor or the County Mayor�s designee to execute the amendment, and to exercise all rights contained in the Grant Agreement, including, but not limited to, termination, technical amendment and modification provisions that are consistent with the resolution;

(3) Approves an amendment to the Historic Preservation Fund for Affordable Housing Guidelines (Guidelines), attached as Attachment A to the Grant Agreement, which sets the organization oversight, eligible uses, affordable housing requirements, and payment procedures of the fund; and

(4) Authorizes the County Mayor or the County Mayor�s designee to execute corresponding future amendments to the Grant Agreement when additional funding has been allocated by the Board to DHT to manage the fund, subject to the approval of the County Attorney�s Office.

Scope
The potential impact of this item is Countywide.

Delegation of Authority
Upon the approval of this resolution, the County Mayor or County Mayor�s designee will be authorized to: (1) execute the Amendment, and to exercise all rights contained in the Grant Agreement, including, but not limited to, termination, technical amendment and modification provisions that are consistent with the resolution; and (2) execute corresponding future amendments to the Grant Agreement when additional funding has been allocated by the Board to DHT to manage the fund, subject to the approval of the County Attorney�s Office.

Fiscal Impact/Funding Source
The Board allocated $1,000,000.00 from the Countywide General Fund for the Fund in the FY 2021-22 adopted budget. In the event that no property is acquired by DHT within 18 months of the disbursement of County funds, DHT is required to return the funds to the County.

Track Record/Monitor
The Board of DHT, along with Christine Rupp, Executive Director of DHT, will be responsible for managing the fund. The Public Housing and Community Development�s Community and Housing Management Division (PHCD), headed by Clarence Brown, Division Director, will manage the grant agreement and will ensure properties acquired with the Fund meet the objectives and requirements of the Fund, including ensuring any properties acquired with the Fund are appropriate for affordable housing, Further, PHCD will monitor compliance with the Rental Regulatory Agreement previously approved by the Board to ensure that housing standards and the tenant eligibility requirements are met.

DHT will provide the County with an annual financial audit of the Fund by an independent certified public accountant as well as comply with other financial and compliance reporting requirements stipulated for each property, as outlined in the Rental Regulatory Agreement.

Additionally, DHT will provide, separate from the annual financial audit, an annual report summarizing the status of acquisition, renovation, marketing, and leasing of properties acquired, or to be acquired with the Fund.

Background
On May 5, 2020, the Board adopted Resolution No. R-397-20, which approved of and authorized the County Mayor or the County Mayor�s designee to execute a grant agreement between the County and DHT to establish the Fund for the development of affordable housing. As part of the FY 2019-20 adopted budget, the Board allocated $1,000,000.00 to the Fund. Staff from PHCD, RER and DHT developed the grant agreement, along with the program Guidelines for the management of the Historic Preservation Fund intended to preserve properties that meet criteria for historic designation and also provide an environment of affordable housing. As part of the FY2021-22 adopted budget, the Board allocated an additional $1,000,000.00 to the fund.

The County disbursed the initial allocation in 2020 to DHT. Thereafter, DHT acquired and rehabilitated a property with the funds as stipulated in the grant agreement and Guidelines. With the additional allocation, the County will disburse up to $1,000,000.00 as an upfront payment to DHT upon written request by DHT. The DHT will have decision-making authority over all future uses of the Fund, property acquisition(s), and rehabilitation and residential/management requirements. DHT will also enter into agreements or contracts to purchase or acquire apartment buildings, request historic designation of properties, manage the rehabilitation efforts, work with a property management company to ensure proper on-going operations and maintenance of such properties, and work with local affordable housing and neighborhood non-profits to determine the resident application and selection process. Prior to the acquisition of a property, the County will review the property for adherence to criteria set forth in the Guidelines pertaining to financial viability.

Any property acquired with the Fund, as defined in the Guidelines, will require the execution of a rental regulatory agreement that, when recorded in the public records, will ensure the subject property maintains its affordability for a 30-year period. The unit(s) in acquired and refurbished properties stemming from the Fund will be limited to individuals or households earning no more than 140 percent of the area median income, but priority will be given to those earning less than 80 percent, when feasible, as DHT will be responsible for also ensuring that all potential tenants can meet their rental obligations.

The purpose of the proposed revisions to the Guidelines are to provide technical changes and to clarify the roles of PHCD and RER. The staff recommends the following amendments to the Guidelines:
� DHT shall provide annual reporting to PHCD;
� PHCD shall include any updates on unit developments that result from the Fund on their standard quarterly reports that are transmitted to the Board;
� RER shall remain responsible for ensuring any properties acquired with Fund monies meet the historic preservation and restoration outcomes of the Fund.

Pursuant to the Guidelines, no monies from the Fund, or associated rental income from a previously purchased and refurbished property acquired with the Fund, shall be used to cover DHT staff time. Furthermore, any rent received from the lease associated with a property purchased with monies from the Fund shall be reinvested to maintain and upgrade the purchased property, and excess funds can be used to acquire other qualifying properties that will also be subject to the Guidelines and the execution and recordation of a rental regulatory agreement. Any purchased properties shall not be used as collateral for any loan applications sought by DHT in connection with any other projects funded from the Fund.

Any amount or portion of the Fund that is used and such use is found to be not in compliance with the Guidelines, as a result of the annual financial audit of the Fund or certified annual operating statement for each property acquired with the Fund must be refunded to the County by DHT.



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Jimmy Morales
Chief Operations Officer