AMENDMENT 3 TO IGA WITH THE TOWN OF GILBERT.PDF

C-22-17-027-3-03 Amendment No. 3
AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
TOWN OF GILBERT
I. Maricopa County (“County”) administered by its Human Services Department and the Town of Gilbert
(“Town”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about January 12,
2017. The purpose of the Agreement is for the Town to acquire and rehabilitate a single family, affordable
rental home. The County provided the Town with $200,023 in 2016 HOME Investment Partnerships
Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The
Agrement term began July 1, 2016 through January 12, 2019. The County and the Town may be referred
to individually as “Party” or collectively as “Parties.”
The Parties executed Amendment No. 1 on or about November 3, 2017 to add “2017 Work Statements”
for the acquisition and rehabilitation of an additional single family, affordable rental home and provided
$201,990 for the 2017 Work Statement. Upon approval of Amendment No. 1, the Agreement funding
amount increased to $402,013.
The Parties executed Amendment No. 2 on or about October 18, 2018 to add “2018 Work Statements”
for the acquisition and rehabilitation of an additional single family, affordable rental home and provide
$275,276 for the 2018 Work Statement. Upon approval of Amendment No. 2, the Agreement funding
amount increased to $677,289. Funding for 2018 Work Statement shall be reimbursable through
September 30, 2022.
II. The Parties wish to amend the Agreement as follows (Amendment):
A. Extend the Agreement term from September 30, 2021 to September 30, 2023.
B. Add an additional Work Statement hereinafter referred to as “2019 Work Statement” for the Town
to provide an additional single family, affordable rental home. The County shall provide the Town
with $250,358.50 for the 2019 Work Statement activities.
C. The expenditure term for the 2019 Work Statement shall expire on September 30, 2023.
D. All work performed, costs incurred and expended under the previously approved 2016 Work
Statements in the amount of $200,023 have been fully reimbursed under the terms of the original
Agreement.
E. All work performed, costs incurred and expended under the previously approved 2017 Work
Statement in the amount of $201,990 have been fully reimbursed.
F. Upon approval of Amendment No. 3, the Agreement funding amount shall be increased to a total
of $927,647.50, with $525,634.50 remaining in unexpended funds.
G. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total
funding of $927,647.50, with $525,634.50 in unexpended funds.
III. 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 remain the same and in full
force and effect as approved and amended.
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C-22-17-027-3-03 Amendment No. 3
IN WITNESS THEREOF, the Parties have signed this Amendment:
APPROVED BY: APPROVED BY:
TOWN OF GILBERT MARICOPA COUNTY
___________________________________ ____________________________________
Chairman, Board of Supervisors
Date: __________________________ Date: __________________________
Attested To: Attested To:
____________________________________ ____________________________________
Town 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 TOWN ON BEHALF OF TOWN, 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.
TOWN OF GILBERT MARICOPA COUNTY
BY: ______________________________ BY: ______________________________
Town Attorney Deputy County Attorney
Date: __________________________ Date: __________________________
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C-22-17-027-3-02 Amendment No. 3
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2019
2019 Work Statement
Consortium Member: Town of Gilbert, Arizona
Project: Acquisition and Rehabilitation of Rental Housing
Program Year 2019 HOME Funds: $250,358.50
Type of Property: Single Family
A. DETAILED SCOPE OF WORK:
Include the following-
1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low
To purchase and rehabilitate one (1) new permanent affordable rental home in Gilbert. A
contracting agency will utilize HOME funds to use towards the purchase and minor rehabilitation
of one home to be rented for income eligible Gilbert residents. Gilbert currently has (15)
permanent affordable rental homes. This is a high priority goal in Gilbert’s consolidated plan.
2. Type of assistance/activity to be provided with HOME funds: Acquisition and Rehabilitation of
Rental Housing
Creation of permanent affordable rental homes.
3. Methods and instruments used for ensuring affordability: Recapture provision. The HOME funds
will be secured by a Deed of Trust and Promissory Note.
The Town of Gilbert utilizes a recapture provision which will be paid in full if the unit is
determined to be no longer eligible. Funds will be determined based on the entire amount of
HOME subsidy that was originally used to purchase and rehabilitate the unit. All units are secured
by a Deed of Trust and Promissory Note.
4. Anticipated use of program income:
None.
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
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C-22-17-027-3-02 Amendment No. 3
C. LOGIC MODEL: PERFORMANCE INDICATORS:
INPUTS/RESOURCES ACTIVITIES OUTPUTS OUTCOMES IMPACT
In order to accomplish In order to address Once completed, When Long term
proposed activities, the the issue, the these activities will completed, these changes:
subrecipient will need the subrecipient will produce the activities will lead
following: conduct the following: to the following
following activities: changes:
HOME funding Purchase and Expand affordable Low to moderate Stable
rehabilitate one housing opportunities income families neighborhoods
single family unit have safe and
home for low to decent housing
moderate income
renters
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% 1 1 1
Households at or below 60%
Households at or below 80%
TOTAL 1 1 1
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, Homeless
F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
COMPLETION
MILESTONES
DATE
HOME Amendment signed by City Council September 5, 2019
Market Study August 28, 2019
Underwriting September 1, 2020
Secure Financing September 1, 2020
Environmental Review October 1, 2020
Obtain Site Control October 10, 2020
Developer Selected and Signed Development Contract October 10, 2020
Home Set up Report to County October 15, 2020
Acquisition and/or Rehab and/or Construction to
commence October 30, 2020,
Rehab complete or Certificate of Occupancy November 25, 2020
Unit Occupied by Low/Moderate Income Person/Family December 20, 2020
Completion Report submitted to County December 23, 2020
Any change to the Timeline will need to be submitted to and approved by Maricopa County.
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C-22-17-027-3-02 Amendment No. 3
G. ACTIVITY BUDGET SUMMARY:
HOME Funds Additional Sources*
ACTIVITIES TOTAL COST
PY 2019 (defined in Table H.
ACQUISITION
Land $ -
Buildings $ 212,858.50 $ 212,858.50
Closing Costs $ -
Legal Fees $ -
TOTAL $ 212,858.50 $ - $ 212,858.50
SITE & DEMOLITION $ -
Site Work $ -
Demolition $ -
TOTAL $ - $ - $ -
REHABILITATION $ -
Construction Costs-Materials $ 22,500.00 $ 22,500.00
Builder Overhead $ -
Builder Profit $ -
General Requirements $ -
Consultant/Specialist $ -
Permits & Fees $ -
Construction Contingency $ -
Sales Tax $ -
Other-Infrastructure $ -
TOTAL $ 22,500.00 $ - $ 22,500.00
ARCHITECTURAL FEES $ -
Design $ -
Supervision $ -
Other $ -
TOTAL $ - $ - $ -
CONSTRUCTION INTEREST &
$ -
FEES & LEGAL FEES
Construction Interest $ -
Bond Premium $ -
Title & recording $ -
Insurance $ -
Legal Fees $ -
Other $ -
TOTAL $ - $ - $ -
ADMINISTRATION COSTS $ -
Program Income Administration $ -
Developer Fee $ 15,000.00 $ 15,000.00
TOTAL $ 15,000.00 $ - $ 15,000.00
GRAND TOTAL $ 250,358.50 $ - $250,358.50
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C-22-17-027-3-02 Amendment No. 3
H. SOURCE AND AMOUNT OF OTHER RESOURCES:
VOLUNTEER/
FUNDING AGENCY AMOUNT
IN-KIND AMOUNT
None
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).
SOURCE/FUNDING
TYPE TOTAL
AGENCY
Federal Home Loan Bank $62,590 $62,590
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
TOTALS $62,590 $62,590
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