AMENDMENT 4 RE AFFORDABLE HOUSING WITH NEWTOWN COMMUNITY DEVELOPMENT CORP.PDF

Contract No. C-22-21-035-X-04 Amendment No. 4
AMENDMENT NO. 4 TO THE
DEVELOPER AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
I. Maricopa County (“County”) administered by its Human Services Department and
Newtown Community Development Corporation (“Developer”) entered into a financial
Developer Agreement (“Agreement”) on or about September 16, 2020. The purpose of the
Agreement is to provide funding for the Developer to acquire and rehabilitate single-family
houses in Maricopa County’s Urban County cities or County islands. The completed
homes will be sold to eligible low-income first-time homebuyers as part of Newtown’s
Community Land Trust Program which will ensure the homes remain affordable in
perpetuity. The County has provided the Developer with U.S. Department of Housing and
Urban Development (HUD) HOME Investment Partnerships Program (HOME) Program
funds and American Rescue Plan Act (ARPA) funds from the U.S. Department of the
Treasury. The Agreement term is September 16, 2020, though September 30, 2026. The
County and Developer are collectively referred to as the “Parties.”
II. The Parties agree to enter into this Amendment No. 4 to amend the Agreement as follows:
A. Extend the term of the Agreement from September 30, 2026, through September 30,
2027.
B. The Agreement funding shall hereby increase by $3,032.59 in PY18 HOME
Investment Partnership funding.
1. HOME funds: $3,293,114.10
2. ARPA funds: $780,000.
3. ARPA funds through IGA: $1,000,000
The new Agreement total is $5,073,114.10.
C. In Section 2 (Special Provisions), revise and replace Paragraph 20.0 (Violence
Against Women Reauthorization Act of 2013) in its entirety with the following:
20.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2022
The Developer must comply with VAWA 2022, which applies to all victims
of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be
applied consistent with all nondiscrimination and fair housing requirements.
The subrecipient must give a Notice of Occupancy Rights to tenants and
applicants to ensure they are aware of their rights under VAWA, maintain
an emergency transfer plan, and document incidents of domestic violence,
dating violence, sexual assault, and stalking.
D. Revise and replace Section 3 (Work Statement), 2023 Work Statement in its
entirety and replace with the attached herein.
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Contract No. C-22-21-035-X-04 Amendment No. 4
E. In Section 4 (Compensation), revise and replace paragraph 4.0 (Reimbursement)
in its entirety with the following:
4.0 REIMBURSEMENT
The County shall increase the Agreement funding amount to a total not-to-
exceed Five Million Seventy-Three Thousand One Hundred Fourteen
Dollars and Ten Cents ($5,073,114.10) subject to the terms of this
Agreement and availability of funding.
III. Section II above contains all the changes to the Agreement made by this Amendment No.
4. The Agreement is amended to incorporate the changes contained in this Amendment
No. 4. All other terms and conditions of the Agreement remain in full force and effect as
executed by the Parties. This Amendment No. 4 is subject to and incorporates the
provisions of A.R.S. § 38-511.
IV. The Parties have authorized the undersigned to execute this Amendment No. 4 on their
behalf, and it shall be effective upon approval and signature by both Parties.
[Signatures are contained on following page]
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Contract No. C-22-21-035-X-04 Amendment No. 4
IN WITNESS THEREOF, the Parties have signed this Amendment No.4:
APPROVED BY: APPROVED BY:
MARICOPA COUNTY NEWTOWN COMMUNITY DEVELOPMENT
CORPORATION (Developer)
Kate Brophy McGee Date Stephanie Brewer Date
Chair, Board of Supervisors Executive Director
Attested to:
_
Juanita Garza Date
Clerk of the Board
This Amendment No. 4 has been reviewed by
the undersigned Deputy County Attorney who
has determined that it is proper in form and
within the powers and authority granted to
Maricopa County under the laws of the State of
Arizona.
Approved as to form:
Deputy County Attorney Date
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program -- Program Year 2023
&
American Rescue Plan Act 2021 – State & Local Fiscal Recovery Funds*
Subrecipient: Newtown Community Development Corporation
UEI: K5HLK49NLDH8
FAIN: M-18-DC-04-0227 ; M-23-DC-04-0227 ; SLFRP2641
Federal Award Date: 8/22/2018 ; 8/15/2023 ; 3/21/2021
Funding: $2,133,642.89 ($1,133,642.89 HOME & $1,000,000.00 ARPA SLFRF)
Project: Urban County Land Trust Program
Type of Property: Single Family Residential
Activity Type: Single Family Acquisition and Rehabilitation for Homebuyer
1.0 FUNDING
AMERICAN RESCUE
PLAN ACT 2021
HOME PY2023 (ARPA) – STATE & OTHER TOTAL
FUNDS LOCAL FISCAL RESOURCES BUDGET
RECOVERY FUNDS
(SLFRF)*
$1,133,642.89
(EN PY23 $683,216.00; $1,000,000 $2,174,110 $4,307,792.89
PI PY23 $90,052.30;
EN PY18 RE $360,374.59
*$1,000,000 in American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) made available through a financial IGA between Maricopa County and City of El
Mirage.
2.0 SCOPE OF WORK
2.1 Project Description: The Developer will use HOME Investment Partnership
(HOME) funds in the amount of $1,133,642.89 to acquire, rehabilitate, and sell
six (6) single-family homes in Maricopa County’s Urban County Cities or County
Islands to eligible homebuyers earning at or below 80% AMI, and to provide
home homebuyer counseling to those six (6) homebuyers. The HOME funds
must be fully expended by September 30, 2027.
The Developer will use ARPA SLFRF funding in the amount of $1,000,000
to acquire and rehabilitate five (5) single-family homes in the City of El
Mirage and sell these homes to eligible homebuyers earning at or below
120% of the Area Median Income. This ARPA Funding was made available
through a financial IGA between Maricopa County and the City of EL Mirage
and was fully expended by December 31, 2025. Execution of this agreement
signifies a commitment by the Developer to begin acquisition within 2
months and commence rehabilitation within four months.
This project is a scattered-site single-family homeownership project. The
Parties agree to execute an addendum at the time the property is identified.
An Addendum to this Agreement identifying individual properties by street
address for participation in the Developer's Community Land Trust Program
(CLT) will be executed before funding is made available regarding each
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
property. Funds will be paid to the Developer only after it has met the
commitment requirements as set forth in 24 C.F.R. § 92.2 (1) and (2),
respectively and is prepared to commence rehabilitation within twelve
months.
Funds for rehabilitation are obligated by completing a detailed set of
specifications (work write-up) and completing a detailed rehabilitation cost
estimate based upon those specifications. The cost estimate may include a
contingency for construction change orders. The Developer must inspect
each property prior to occupancy and at project completion to ensure
compliance with applicable standards and codes. Each property must be
free from any defects that pose a danger to the health and safety of
occupants and must meet written rehabilitation standards and local codes
and ordinances at project completion. Copies of the final inspection report
must be retained in the project files and submitted to the County upon
submitting a completion report.
HOME units are subject to HUD’s HOME Maximum Per-Unit Subsidy Limits and
Homeownership Value Limits. Current limits can be requested from
HCD@maricopa.gov or found on the Maricopa County Human Services
Housing and Community Development Notices and Documents webpage:
https://www.maricopa.gov/3893/Notices-Documents . ARPA-assisted units are
not subject to Maximum Per-Unit Subsidy Limits or homeownership Value
Limits, but homes should be modest and consistent with other homes in the
CLT.
Completed homes will be sold to eligible low-to moderate income first-time
homebuyers (ARPA-assisted units up to 120% AMI and HOME units up to
80% AMI). Properties will be acquired using the Developer’s line of credit,
following completion of environmental review requirements. ARPA units do
not require an environmental review.
Resale provisions will be used to ensure compliance with the period of
affordability required by HUD at 92.254 of the HOME regulations. The
affordability restrictions shall be secured by a Community Land Trust
Ground Lease and a Declaration of Affirmative Land Use Restrictions.
Completed units shall be sold through the CLT program and under which the
buyer shall purchase only the improvements and shall enter a 99-year CLT
Ground Lease with the Developer. The CLT Ground Lease shall contain
provisions that require that the housing to be used as the buyer's principal
residence. The Ground Lease also shall restrict resale/ transfer only to Low
Income buyers. In addition, the CLT Ground Lease shall contain a shared
appreciation provision that limits the sale price of the housing and helps
ensure affordability for future buyers. A Memorandum of Ground Lease and
Right of First Refusal shall be recorded. A "Performance" Deed of Trust also
shall be recorded with the Developer as the beneficiary; this is to ensure the
Developer is notified in the event the owner of the home attempts to
refinance or transfer the property.
The shared appreciation provision shall conform to Maricopa HOME
Consortium’s Recapture/Resale Provisions. "Fair Return" for leasehold
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
properties is defined as the lessees purchase price, plus 25% of the lessee's
share of the increase in leasehold value at time of resale based on a leasehold
valuation performed by a duly licensed appraiser.
Eligible buyers will be required to complete an approved homebuyer
education class and homeownership counseling. Eligible buyers also will be
required to complete a CLT orientation, at which time the ground lease,
resale restrictions, shared equity, and all other provisions of the CLT
program shall be fully explained.
2.2 Project Purpose: The Project will create homeownership opportunities for a low-
to moderate-income household that is rated as a high priority in the
Consolidated Plan.
2.3 Project Beneficiaries: Six (6) first-time homebuyers in the Maricopa County
Urban County at or below 80% of the area median income (HOME-assisted),
and five (5) homebuyers earning at or below 120% of the area median income
in the City of El Mirage (ARPA-assisted) will benefit from this Project.
Beneficiaries’ income eligibility will be verified by the Developer’s staff and will
comply with 24 C.F.R §. 92.203(d)(1), aside from the increased AMI for ARPA-
assisted units.
2.4 Eligible buyers will be required to complete an approved homebuyer education
class and homeownership counseling. Homebuyer counseling for the 6 HOME-
assisted units will be provided by the Developer and can be expended under
HOME as part of the maximum per-unit subsidy.
2.5 Project Staff: The Developer shall maintain staff qualified to perform the duties
of the project. The Developer shall immediately notify the County regarding any
changes in staff committed to the project. The County reserves the right to
review the qualifications of new staff committed to the project after the execution
of this Agreement. The Developer will be responsible for all communications
with the Maricopa HOME Consortium, providing all updates and as needed
reporting. In addition, any complaints will be the responsibility of the Developer.
2.6 Subcontractors: The Developer will oversee every aspect of the project. This
oversight includes, but is not limited to, day-to-day operations; preparing
budgets; managing the budget, timeline, and change orders; issuing a Request
for Proposal and selecting the general contractor and Subcontractors. The
Developer shall select Subcontractors in accordance with the Administrative
Requirements of this Agreement. The Developer shall contract with responsible
and qualified Subcontractors to perform the duties of the project. The Developer
shall verify the qualifications of each Subcontractor through license verification,
references, and SAM.gov.
2.7 Project Affordability: The family or individual acquiring the HOME-assisted
housing must qualify as low-income, as defined in 24 C.F.R. § 5.609, or in the
case of the ARPA-assisted units, they must earn at or below 120% AMI and
maintain the housing as the principal residence throughout the period of
affordability, which shall be for a period of 20 years from the date that the HOME
completion report is entered into HUD’s Integrated Disbursement and
Information System (IDIS) or in the case of ARPA, the date listed in the
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
completion letter provided to the Developer by the County. Resale provisions
will be used to ensure compliance with the period of affordability required by
HUD at 24 C.F.R. § 92.254 of the HOME regulations.
Upon sale to an eligible buyer, a Declaration of Affirmative Land Use Restrictions
(LURA) will be executed to secure the Period of Affordability and require the
housing to be used as the buyer’s principal residence, as required by HUD. The
LURA will include a due on sale clause to ensure that funds are recaptured if the
property is sold during the Affordability Period.
3.0 OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
Single-Family
Acq./Rehab of rental
Housing Rehab
DECENT housing, Acq./New Housing Activities in a
and Emergency
HOUSING Construction of rental targeted revitalization
Rehab,
housing, Expansion of area
Homebuyer
assisted rental units in the
Assistance
private marketplace
4.0 LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/ ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
RESOURCES
Development Acquire and 11 Households in Increased Decent and
Staff, Funding rehabilitate 11 Urban County affordable housing affordable
and units of for a low- to housing
Contractors Affordable moderate-income
Housing to be family. Increased
held in the CLT homeownership.
and; Improved
Provide neighborhoods
homebuyer and quality of life.
counseling to
6 homebuyers
of units to be
held in the
CLT.
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
5.0 PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES
ESTIMATES ESTIMATES
MILESTONES COMPLETION COMPLETION –
- HOME ARPA SLFRF
Application/market study 12/2022 12/2022
Execute Developer Agreement with Maricopa County 9/2024 9/2024
Environmental Review Approval for 1st Unit* 12/2025 N/A
Acquisition of Unit 1 (for each funding source) 12/2025 11/2024
Acquisition of Unit 2 (for each funding source) 12/2025 12/2024
Sale of Unit 1 (for each funding source) 4/2026 1/2025
Acquisition of Unit 3 (for each funding source) 7/2026 1/2025
Acquisition of Unit 4 (for each funding source) 8/2026 2/2025
Sale of Unit 2 (for each funding source) 4/2026 2/2025
Acquisition of Unit 5 (for each funding source) 9/2026 3/2025
Sale of Unit 3 (for each funding source) 9/2026 3/2025
Acquisition of Unit 6 (HOME only) 11/2026 N/A
Sale of Unit 4 (for each funding source) 11/2026 4/2025
Sale of Unit 5 (for each funding source) 1/2027 5/2025
Sale of Unit 6 (HOME only) 3/2027 N/A
Final Close-out /Project Completion Form 6/30/2027 6/30/2025
Any change to the Timeline will need to be approved by the County.
Expenditure Deadline for this Scope of Work is 9/30/2027.
*All home units must have an approved environmental review before acquisition.
6.0 ACTIVITY BUDGET SUMMARY:
OTHER
TOTAL
RESOURCES
ACTIVITY HOME FUNDS ARPA SLFRF ACTIVITY
*Provide in
BUDGET
Table 7 below
Acquisition $1,131,842.89 $1,000,000.00 $0.00 $2,133,642.89
Developer Fees $557,000.00 $557,000.00
Down Payment
$385,000.00 $385,000.00
Assist.
Closing costs $77,110.00 $77,110.00
Rehab $1,100,000.00 $1,100,000.00
Homebuyer
$1,800.00 $55,000.00 $56,800.00
Counselling Fees
TOTALS $1,131,842.89 $1,000,000.00 $2,174,110.00 $4,307,752.89
Note: A total of $3,000 per unit will be withheld as retainage from the total amount of HOME
funds obligated to each activity until a completion report is submitted to the County.
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Contract No. C-22-21-035-X-04 Amendment No. 4
2023 Work Statement
7.0 SOURCE AND AMOUNT OF OTHER RESOURCES:
VOLUNTEER/
FUNDING AGENCY CASH AMOUNT
IN-KIND AMOUNT
Newtown CDC
$2,174,110 $0
(lines of credit and operation cash)
TOTAL $2,174,110 $0
8.0 ACTIVITY MATCH:
Match commitment must equal 25% of the HOME EN funds requested. Documentation
is due at the time of request for payment(s). Match Logs must be submitted annually by
June 30th of each year.
AMOUNT FORM OF MATCH SOURCE
Federal Home Loan Bank of San
$260,139.50 WISH Funds
Francisco
9.0 SALES PRICE:
9.1 To ensure the homes are affordable for the target income group, the sales price
shall be calculated so that each buyer’s monthly housing expenses (including
principal, interest, property taxes, and home insurance) does not exceed 35% of
the buyer’s gross monthly household income, unless there are documented
compensating factors. In addition, the housing will have an initial purchase price
or estimated after rehabilitation value that does not exceed 95% of the median
purchase price for the area, as described in 24 C.F.R. § 92.254 (a)(2). Each HOME
unit must have draws for
9.2 The buyer must obtain a mortgage loan with a fixed term and interest rate and
lender fees may not exceed 5% of the mortgage amount. The income of the buyer
shall be determined according to the requirements at 24 C.F.R. § 92.203.
10.0 PROGRAM INCOME:
All proceeds generated from the sale of units with HOME funding development activities
shall be considered Program Income and subject to the Program Income requirements
set forth in HOME Program regulations. as defined in 24 C.F.R. § 92. Program Income
shall be retained and expended by the Developer for the acquisition and rehabilitation of
additional properties under this Agreement or upon completion of the number of required
units in this agreement, into other CLT low-to-moderate income projects. Program Income
shall be tracked by the Developer and reported to the County with each Request for
Reimbursement and at the request of the County.
11.0 CONVERSION TO RENTAL:
If the home has not been sold to an eligible homebuyer within nine (9) months after the
receipt of a Certificate of Occupancy, then it must be converted to a HOME rental unit that
complies with all HOME requirements for the period of affordability applicable to such
rental units, according to 24 C.F.R. § 92.254(a)(3). If the vacant property is not converted,
then HOME funds must be repaid to the County.
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