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Contract No. C-22-17-034-3-03 Amendment No. 3 AMENDMENT No. 3 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF PEORIA I. Maricopa County (“County”) administered by its Human Services Department and the City of Peoria (“City” and or “Subrecipient”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about December 6, 2017. The purpose of the Agreement is for the Subrecipient to construct single family homes and provide homebuyer assistance to low income families for the purchase of the homes. The County provided the Subrecipient with $180,641 in 2016 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). All work performed or cost incurred or expended shall be reimbursable through September 30, 2019. The County and the Subrecipient may be referred to individually as the “Party” and collectively referred to as the “Parties.” The Parties executed Amendment No. 1 on or about February 28, 2018 to add a 2017 Work Statement for the Subrecipient to construct two (2) single family houses and provide homebuyer assistance to low income families. The County provided the Subrecipient with $177,887 for the 2017 Work Statement. All work performed or cost incurred or expended for 2017 Work Statement shall be reimbursable through September 30, 2021. Upon approval of Amendment No. 1, the Agreement funding amount increased to $358,528. The Parties executed Amendment No. 2 on or about October 18, 2018 to add a 2018 Work Statement for the Subrecipient to construct two (2) single family homes and provide homebuyer assistance to low income families. The County provided the Subrecipient with $247,137 for the 2018 Work Statement. All work performed or cost incurred or expended for 2018 Work Statement shall be reimbursable through September 30, 2022. Upon approval of Amendment No. 2, the Agreement funding amount increased to $605,665. II. The Parties agree to enter into this Amendment No. 3 to the Agreement to amend the Agreement as follows: A. Add an additional Work Statement hereinafter referred to as “2019 Work Statement” for the Subrecipient to construct two (2) single family homes and provide homebuyer assistance to low income families. All work performed or cost incurred or expended for 2019 Work Statement shall be reimbursable through September 30, 2023. B. The County shall provide the Subrecipient with $227,655.22 for the 2019 Work Statement activities. C. Upon approval of Amendment No. 3, the Agreement funding amount shall be increased to $833,320.22. D. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $833,320.22. III. The County shall reimburse the Subrecipient on a Net 0 payment standard. Page 1 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 This Agreement is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement and previous Amendments remain the same and in full force and effect as approved and amended. IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF PEORIA MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________________ ____________________________________ City Clerk Fran McCarroll, Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR CITY ON BEHALF OF CITY, AND, AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF PEORIA MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Page 2 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 2019 Work Statement MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2019 Consortium Member: City of Peoria, Arizona Project: Construction of New Housing and Homebuyer Assistance Program Year 2019 HOME Funds: $203,426.77 (new construction w/developer fee), $10,000 (homebuyer assistance) and $14,228.45 (administration) = $227,655.22 Type of Property: Single-Family A. DETAILED SCOPE OF WORK: HOME funds will be used in the construction of two (2) new affordable homes located in Peoria’s city limits. The homes will be sold to qualified low-to-moderate income families in need of housing. $14,228.45 will be used for administrative costs, $193,426.77 will be used towards infrastructure and direct construction costs, $10,000 will be used for a developer fee, and the remaining $10,000 will be used towards direct homebuyer assistance. Other pertinent information is as follows: 1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low a. Affordable Housing is a High Priority. 2. Type of assistance/activity to be provided with HOME funds: a. Construction of New Housing b. Administration c. Direct Homebuyer Assistance 3. Methods and instruments used for ensuring affordability: a. The HOME funds will be secured by a Deed of Trust and Promissory Note. b. The Recapture provision is used in which all HOME funds are subject to repayment. Any repayment of HOME funds will be made out of Net Proceeds, and are from the sale of the HOME assisted unit. i. Net Proceeds is defined as: Net Proceeds = Sales Price (-) non-HOME debt (-) closing costs. 4. Anticipated use of program income/project proceeds: a. There will be no program income generated through this project. B. OBJECTIVES AND OUTCOMES (Check appropriate box below.): OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, Single Family Acquisition/Rehab of rental housing, DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization Homebuyer housing units and TBRA, Expansion of area Assistance assisted rental units in the private marketplace Page 3 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 2019 Work Statement C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to issue, the subrecipient these activities will completed, these changes: accomplish will conduct the produce the activities will lead proposed activities, following activities: following: to the following the subrecipient will changes: need the following: HOME funding, New construction of two Expand affordable Low to moderate Stable City Staff single family homes and housing opportunities income families neighborhoods Administration, homebuyer assistance become first time Client Volunteer homebuyers Sweat Equity Hours D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Number of Income Level Households of Units HOME Assisted Units in program (if rental) Households at or below 50% Households at or below 60% Households at or below 80% 2 2 TOTAL 2 2 E. PRIORITY POPULATIONS: Complete the table below only if the Activity will specifically set-aside units for a priority population. Set-asides will be enforced through contract provisions. Priority Populations No. of Units Elderly Physically Disabled Other Priority Populations: Veterans Page 4 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 2019 Work Statement F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Contract signed by City Council October 2019 October 2019 Market Study January 2019 Underwriting for the construction of the new homes January 2019 Secure Financing July 2019 Environmental Review October 2019 June 2021 Obtain Site Control HFH Stock RFQ Issued-Application Process January 2019 Developer Selected and Signed Development Contract July 2019 December 2019 Home Set up Report to County January 2020 June 2022 Acquisition and Construction to commence January 2020 June 2022 Certificate of Occupancy June 2021 June 2022 Underwriting of Low/Moderate Income Family June 2021 June 2022 Unit Occupied by Low/Moderate Income Person/Family June 2021 December 2022 Completion Report submitted to County June 2021 December 2022 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Page 5 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 2019 Work Statement G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2019 (defined in Table H.) ACQUISITION Land value of pre-owned, unsponsered $ 90,000.00 $ 90,000.00 property Buildings $ - Closing Costs $ - Legal Fees $ - TOTAL $ - $ 90,000.00 $ 90,000.00 SITE & DEMOLITION $ - Site Work $ - Demolition $ - TOTAL $ - $ - $ - NEW CONSTRUCTION $ - Construction Costs-Materials $ 171,016.77 $ 52,983.23 $ 224,000.00 Builder Overhead $ - Developer Fee $ 10,000.00 $ 10,000.00 General Requirements $ - Consultant/Specialist $ - Permits & Fees $ - Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ 22,410.00 $ 22,410.00 TOTAL $ 203,426.77 $ 52,983.23 $ 256,410.00 ARCHITECTURAL FEES $ - Design $ - $ - $ - Supervision $ - TOTAL $ - $ - $ - CONSTRUCTION INTEREST & $ - FEES & LEGAL FEES Construction Interest $ - Bond Premium $ - Title & recording $ - Insurance $ - Legal Fees $ - TOTAL $ - $ - $ - OTHER FEES $ - HB closing/counseling $ 7,300.00 $ 7,300.00 HB Assistance $ 10,000.00 $ 10,000.00 TOTAL $ 10,000.00 $ 7,300.00 $ 17,300.00 ADMINISTRATION COSTS $ - Program Income Administration Administration $ 14,228.45 $ 14,228.45 Volunterer Labor $ 48,000.00 $ 48,000.00 TOTAL $ 14,228.45 $ 48,000.00 $ 62,228.45 GRAND TOTAL $ 227,655.22 $ 198,283.23 $ 425,938.45 Page 6 of 7 Contract No. C-22-17-034-3-03 Amendment No. 3 2019 Work Statement H. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING VOLUNTEER/ TOTAL CASH AMOUNT AGENCY IN-KIND AMOUNT Volunteers 48,000 48,000 Foundation and 52,983.23 52,983.23 Corporate Support TOTALS 52,983.23 48,000 100,983.23 I. MATCH: Identify match sources and amounts that have been committed to the project. Match commitment must equal 25% of the HOME 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. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a Cash Donors 53,356.69 non-federal source Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real property Cost of infrastructure improvements associated with HOME projects Percentage of proceeds from single- or multi-family state housing bonds Value of donated materials, equipment, labor and professional services Sweat equity TOTAL $53,356.69 Page 7 of 7