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Contract No. C-22-17-044-3-03 Amendment No. 2 City Contract No. 2018-039-COS-A2 AMENDMENT No. 2 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF SCOTTSDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Scottsdale (“City”) (City Contract No. 2018-039-COS) entered into a financial Intergovernmental Agreement (“Agreement”) on or about May 9, 2018. The purpose of the Agreement is for the City to purchase and rehabilitate one new permanent, affordable rental home. The County provided the City with $219,957 in 2016 HOME Investment Parnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The County and the City may be referred to individually as “Party” or collectively as “Parties.” The Parties executed Amendment No. 1 (City Contract No. 2018-039-COS-A1) on or about October 16, 2018 to add a 2017 Work Statement for the City to purchase and rehabilitate one new permanent, affordable rental home and provide $219,039 for the 2017 Work Statement. Upon approval of Amendment No. 1, the Agreement funding amount increased to $438,996. II. The Parties wish to amend the Agreement as follows (Amendment): A. Add an additional Work Statement hereinafter referred to as “2018 Work Statement” for the City to purchase and rehabilitate one new permanent, affordable rental home. The expenditure term for this Work Statement shall expire on September 30, 2022. B. The County shall provide funding for the 2018 Work Statement in an amount not-to-exceed $331,572. C. All work performed or costs incurred or expended under the previously approved 2016 Work Statement in the amount of $219,957 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 2017 Work Statement in the amount of $219,039 shall remain reimbursable through September 30, 2021. D. Upon approval of Amendment No. 2, the Agreement funding amount shall be increased to $770,568. E. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $770,568. 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. 16813393v2 Contract No. C-22-17-044-3-03 Amendment No. 2 City Contract No. 2018-039-COS-A2 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF SCOTTSDALE MARICOPA COUNTY ___________________________________ ____________________________________ W.J. “Jim” Lane, Mayor Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________________ ____________________________________ Carolyn Jagger, 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 SCOTTSDALE MARICOPA COUNTY BY: ______________________________ BY: ______________________________ Bruce Washburn, City Attorney Deputy County Attorney By: Janis L. Bladine, Sr. Assistant City Attorney Date: __________________________ Date: __________________________ 16813393v2 Contract No. C-22-17-044-3-03 2018 Work Statement MARICOPA COUNTY HOME Investment Partnerships Program Program Year: 2018 Consortium Member: Scottsdale, Arizona Project: Acquisition and Rehabilitation of Rental Housing 2018 HOME Funds: $331,572 (includes $20,723 in Administration) Type of Property: Single Family A. DETAILED SCOPE OF WORK: 1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low The plan states "The primary housing goal of the Consolidated Plan is to foster the development and maintenance of housing affordable to target-income households as well as those with special needs." Purchase and rehabilitate one (1) new permanent affordable rental home in Scottsdale. A subrecipient will utilize HOME funds to purchase and rehabilitate one home to be rented for income eligible residents. Scottsdale currently has thirteen (13) permanent affordable rental Units. This activity is a high priority goal in Scottsdale’s consolidated plan. 2. Type of assistance/activity to be provided with HOME funds: Purchase one existing 2 or 3 bedroom unit in Scottsdale, Arizona in zip codes 85257, 85258, and 85260. Creation of permanent affordable rental homes. ARM families are eligible for supportive services through Save the Family’s Homeless Families Intervention Project (HFIP) which is the Career Development Center to assist families with obtaining higher paying employment and with budgeting issues, so they may be able to pursue more permanent housing through homeownership or a move to fair-market rentals in the community. 3. Methods and instruments used for ensuring affordability: The HOME funds will be secured by a Deed of Trust and Promissory Note and will utilize the Recapture provision. The lien will be secured for the applicable period of affordability contingent on the amount invested in the unit. After the term of the period of affordability, the lien will be forgiven. 4. Anticipated use of program income/project proceeds: Improvements or repairs in a HOME assisted unit or to assist in funding of an affordable housing acquisition. Contract No. C-22-17-044-3-03 2018 Work Statement B. OBJECTIVES AND OUTCOMES 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 C. 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% 1 1 1 Households at or below 80% TOTAL 1 1 1 D. PRIORITY POPULATIONS: None E. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Contract approved by City Council 11/13/2018 11/13/2018 Market Study 1/15/2019 1/25/2019 Underwriting 1/16/2019 1/30/2019 Secure Financing 1/30/2019 2/15/2019 Environmental Review 8/15/2019 8/30/2019 Obtain Site Control 9/15/2019 10/15/2019 RFQ Issued 11/1/2019 11/15/2019 Developer Selected and Signed Development Contract 12/15/2019 01/30/2020 HOME Set up Report to County 2/15/2020 2/28/2020 Acquisition and/or Rehab and/or Construction to commence 3/15/2020 4/15/2020 Rehab complete or Certificate of Occupancy 5/15/2020 6/30/2020 Unit Occupied by Low/Moderate Income Person/Family 7/15/2020 7/30/2020 Completion Report submitted to County 8/15/2020 9/1/2020 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Contract No. C-22-17-044-3-03 2018 Work Statement F. ACTIVITY BUDGET SUMMARY: ACTIVITIES HOME Additional Sources* TOTAL FUNDS (defined in COST PY 2018 Table G.) ACQUISITION Land Buildings 259,000 259,000 Fed Home Loan Bank funds – 72,532 72,532 ARM Match Construction Costs-Materials 16,626 16,626 Builder Overhead Builder Profit General Requirements Consultant/Specialist Permits & Fees Construction Contingency Sales Tax Design Supervision Construction Interest Bond Premium Title & recording Insurance Developer Fees 14,500 14,500 ADMINISTRATION COSTS Program Delivery Administration 20,723 20,723 Volunteer Labor TOTAL 310,849 383,381 G. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT FHLB - Affordable Rental Movement-ARM $72,532 H. 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. Contract No. C-22-17-044-3-03 2018 Work Statement SOURCE/FUNDING TYPE TOTAL AGENCY FHLB funs a non-federal source Federal Home Loan Bank $72,532 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 $72,532