NEWTOWN-CITY OF CHANDLER CHDO AMEND 2.PDF
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Contract No. C-22-18-033-3-02 Amendment No. 2 AMENDMENT TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND NEWTOWN COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF CHANDLER I. Maricopa County (“County”) administered by its Human Services Department and Newtown Community Development Corporation, a Community Housing Development Organization (“CHDO”), and the City of Chandler (“City”) entered into a financial agreement for services (“Agreement”) on or about April 1, 2018. The purpose of the Agreement is for the CHDO to acquire, rehabilitate and resell two (2) single family homes in Chandler area for Newtown’s Chandler Community Land Trust Program. The City provides administration and monitoring of project activities. The County provided $182,784 in 2017 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The County, the CHDO and the City may be referred to individually as “Party” or collectively as “Parties.” The Parties executed Amendment No. 1 on or about October 18, 2018 to add a 2018 Work Statement to the Agreement for the acquation, rehabilitation and resale of four (4) single family homes to be included in their Community Land Trust program. The County provided $473,522 for the the 2018 Work Statement activities. II. The Parties wish to amend the Agreement as follows (Amendment No. 2): A. Add an additional Work Statement hereinafter referred to as “2017 Reallocation Work Statement” for the acquation, rehabilitation and resale of one (1) single-family home to be included in their Community Land Trust program. B. The County will provide funding for 2017 Reallocation Work Statement in an amount not-to- exceed $80,000.15. The expenditure term for this Work Statement shall expire on September 30, 2021. C. All work performed or costs incurred or expended under the previously approved 2017 Work Statement in the amount of $182,784 shall remain reimbursable under the terms of the original Agreement through September 30, 2019. All work performed or costs incurred or expended under the previously approved 2018 Work Statements in the amount of $473,522 shall remain reimbursable through September 30, 2021. D. Upon approval of Amendment No. 2, the Agreement funding amount shall be increased to $736,306.15. The County shall reimburse the Subrecipient on a Net 10 payment standard. E. Revise Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding amount to $736,306.15. III. 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. Contract No. C-22-18-033-3-02 Amendment No. 2 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: NEWTOWN CDC MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: ____________________________________ Fran McCarroll, Clerk of the Board APPROVED BY: CITY OF CHANDLER ___________________________________ Date: __________________________ Attested To: ____________________________________ City Clerk 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 CHANDLER MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Contract No. C-22-18-033-3-02 Amendment No. 2 2017 Reallocation Work Statement MARICOPA COUNTY Community Housing Development Organization HOME Investment Partnerships Program Program Year 2017 Project: Name: Newtown CDC / Chandler CLT Homeownership Type of Property: Detached Single Family House sold to eligible buyer through the Community Land Trust Amount of Funding OTHER CHDO HOME CASH MATCH TOTAL RESOURCES AMOUNT AMOUNT BUDGET AMOUNT $ 80,000.15 n/a $ 176,700 $ 256,700.15 A. DETAILED SCOPE OF WORK: Newtown Community Development Corporation (Newtown) is requesting that the $80,000.15 in 2017 HOME CHDO funds be provided as an amendment to its existing 2017 CHDO agreement. Newtown will use the funds to acquire and rehabilitate one (1) single-family home in Chandler. The completed home will be sold to low-income first time homebuyer through the Community Land Trust. B. OBJECTIVES AND OUTCOMES: OUTCOMES OBJECTIVE AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, DECENT Single Family Acq/Rehab of rental housing, HOUSING Housing Rehab and Acq/New Construction of Housing Activities in a Emergency Rehab, rental housing, Expansion of targeted revitalization area Homebuyer assisted rental units in the Assistance private marketplace C. LOGIC MODEL: PERFORMANCE INDICATORS OUTPUTS INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES Assist Increased Staff, funding, contractors 1 household Decent housing homebuyers homeownership D. SITE INFORMATION: Chandler zip codes 85224, 85225, 85226 - TBD Contract No. C-22-18-033-3-02 Amendment No. 2 2017 Reallocation Work Statement E. PERFORMANCE REPORTING GOALS TIMELINE OF ACTIVITIES START COMPLETION MILESTONES: Tasks to be Performed DATE DATE Application/market study - 1/10/19 2/28/19 Execute Amendment 1/10/19 3/10/19 Site selection 3/10/19 6/30/19 Environmental reviews 3/10/19 6/30/19 Homeownership counseling/buyer preparation 1/15/19 10/31/19 Acquisition 3/31/19 7/31/19 Work write-ups and bid selection 3/31/19 7/31/19 Homeowner financing secured 1/15/19 8/31/19 Construction/Rehabilitation 3/31/19 9/30/19 Resale of property to eligible homebuyer 4/30/19 10/31/19 Final Close-out /Project Completion Form 11/30/19 12/31/19 Any change to the Timeline will need to be approved by the County. F. ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT: The completed home will be sold through Newtown’s Community Land Trust (CLT). Buyers purchase the improvements only (the house) and enter into a 99-year renewable ground lease. The land is held in perpetuity by Newtown. The ground lease contains resale restrictions that comply with HOME program requirements, and a Newtown right of first refusal. Permanent affordability is maintained through the resale restrictions, which provide for shared equity that limits the amount of appreciation the seller may take and establishes the affordable sales price. Upon resale to an eligible buyer, Newtown records a Declaration of Affirmative Land Use as a restrictive covenant to permanently secure the total amount of HOME funds used. The ground lease also requires that homes remain owner-occupied. Newtown monitors all CLT properties and provides ongoing support to its CLT homeowners. G. ACTIVITY BUDGET SUMMARY: see attached Development Pro Forma - Amended and Budget Explanation OTHER TOTAL HOME CASH ACTIVITY RESOURCES ACTIVITY AMOUNT MATCH (a) AMOUNT BUDGET Acquisition 80,000.15 n/a 122,400.00 202,400.15 Rehabilitation 27,500.00 27,500.00 Relocation Development Costs 7,300.00 7,300.00 Staff Cost) Services Administration Costs Development Fees (project delivery) 19,500.00 19,500.00 Other (Specify) TOTALS $80,000.15 n/a $176,700.00 $256,700.15 If match will be in the form of cash and will be used in this Project only. Do not include non-cash match in this budget. These costs must be address specific; otherwise, these costs must be considered administrative costs. Contract No. C-22-18-033-3-02 Amendment No. 2 2017 Reallocation Work Statement H. ACTIVITY MATCH: AMOUNT FORM OF MATCH SOURCE $20,000 IDEA / WISH Match Funds FHLB I. CHDO PROJECT PROCEEDS: No proceeds are anticipated. J. AFFORDABILITY REQUIREMENTS: Buyer purchases home only and enters into a 99-year lease for the land. Land and subsidy is held by Newtown; subsidy and affordability period is secured by a recorded Declaration of Affirmative Land Use Restrictive Covenant. See attached Activity Narrative for more details.