CITY OF AVONDALE IGA HOME AMENDMENT 2.PDF
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Contract No. C-22-17-049-3-02 Amendment No. 2 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF AVONDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Avondale (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about March 9, 2017. The purpose of the Agreement is for the City to provide single family homebuyer assistance (down payment and closing costs assistance) and single family housing rehabilitation. The County provided the City with $134,098 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 on or about November 3, 2017 to add 2017 Work Statements for homebuyer assistance and single family housing rehabilitation programs and provide $134,240 for the 2017 Work Statements. Upon approval of Amendment No. 1, the Agreement funding amount increased to $268,338. II. The Parties wish to amend the Agreement as follows (Amendment): A. Add additional Work Statement hereinafter referred to as “2018 Work Statement A” for the City to provide single family homebuyer assistance. The County will provide the City with $210,065 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on September 30, 2022. B. Add additional Work Statement hereinafter referred to as “2018 Work Statement B” for the City to provide housing rehabilitation assistance. The City will contribute $55,000 to the housing rehabilitation program from previous years program income. The expenditure term for this Work Statement shall expire on September 30, 2022. C. Funding amount for the 2018 Work Statements shall not exceed $210, 065. D. All work performed or costs incurred or expended under the previously approved 2016 Work Statements in the amount of $134,098 shall remain reimbursable under the terms of the original Agreement through March 9, 2019. All work performed or costs incurred or expended under the previously approved 2017 Work Statements in the amount of $134,240 shall remain reimbursable through September 30, 2021. E. Upon approval of Amendment No. 2, the Agreement funding amount shall be increased to $478,403. F. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $478,403. 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. Contract No. C-22-17-049-3-02 Amendment No. 2 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF AVONDALE 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 AVONDALE MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Contract No. C-22-17-049-3-02 2018 Work Statement A MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2018 Consortium Member: City of Avondale, Arizona Project: Homebuyer Assistance Program Year 2018 HOME Funds: $210,065 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 This activity supports the Consolidated Plan goal to expand affordable housing by providing direct financial assistance to income-qualified homebuyers. This is the #1 goal in the Plan. 2. Type of assistance/activity to be provided with HOME funds: Homebuyer Assistance The City will provide down payment, closing cost, principal reduction and other appropriate assistance to eligible first-time homebuyers who wish to purchase a single-family property in the City of Avondale. 3. Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust and Promissory Note, or other appropriate lien document(s) approved by the City. These documents will include a recapture provision per 24 CFR 92. The amount of funds recaptured will be prorated over the term of the loan, and as such, be payable in-full to the City should the borrower sell, refinance with cash out or no longer occupy the property as their primary residence within the appropriate period of affordability. 4. Anticipated use of program income/project proceeds: Program income/recaptured funds will be used for administration and additional HOME-eligible projects per 24 CFR 92. Contract No. C-22-17-049-3-02 2018 Work Statement A 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 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 A non-profit Subrecipient Expand affordable Low to moderate Stable will provide: eligibility housing opportunities income families neighborhoods qualification (including become first time income), housing homebuyers counseling/homebuyer education, property inspections, purchase contract review, lien documentation preparation, coordination with lenders, title companies, buyers, realtors. The City will complete environmental review. 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% 0 0 0 Households at or below 60% 0 0 0 Households at or below 80% 6 6 0 TOTAL 6 6 0 Contract No. C-22-17-049-3-02 2018 Work Statement A 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 0 Physically Disabled 0 Other Priority 0 Populations: Veterans F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE Subrecipient Agreement amended 8/1/18 10/15/18 Applicant eligibility (units 1-3) 10/15/18 4/15/19 Environmental Reviews 12/15/18 4/15/19 Units passes HQS inspection 2/15/19 5/15/19 Underwriting & private financing secured 3/15/19 6/15/19 Close of escrow & occupancy by LMI households 3/15/19 6/15/19 Project funding drawdown and Completion Reports 5/15/15 7/1/19 submitted to County Applicant eligibility (units 4-6) 7/15/19 11/15/19 Environmental Reviews 1/15/20 5/15/20 Units passes HQS inspection 3/15/20 6/15/20 Underwriting & private financing secured 4/15/20 7/15/20 Close of escrow & occupancy by LMI households 5/15/20 8/15/20 Project funding drawdown and Completion Reports 7/15/20 9/15/20 submitted to County Any change to the Timeline will need to be submitted to and approved by Maricopa County. Contract No. C-22-17-049-3-02 2018 Work Statement A G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2018 (defined in Table H.) ACQUISITION Land $ - Buildings $ - Closing Costs $ 196,936.00 $ 82,802.00 $ 279,738.00 Legal Fees $ - TOTAL $ 196,936.00 $ 82,802.00 $ 279,738.00 SITE & DEMOLITION $ - Site Work $ - Demolition $ - TOTAL $ - $ - $ - NEW CONSTRUCTION or REHAB $ - Construction Costs-Materials $ - Builder Overhead $ - Builder Profit $ - General Requirements $ - Consultant/Specialist $ - Permits & Fees $ - Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ - TOTAL $ - $ - $ - 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 $ 15,311.0 $ 15,311.00 Administration $ 13,129.00 $ 13,129.00 Volunteer Labor $ - TOTAL $13,129.00 $15,311.00 $ 28,440.00 GRAND TOTAL $210,065.00 $98,113.00 $ 308,178.00 Contract No. C-22-17-049-3-02 2018 Work Statement A H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT Private Lenders $1,200,000 $0 Program Income $82,802 Program Income Admin. $15,311 TOTALS $1,298,113 $0 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 City of Avondale General $49,234 non-federal source Funds 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 $49,234 Contract No. C-22-17-049-3-02 2018 Work Statement B MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2018 Consortium Member: City of Avondale, Arizona Project: Housing Rehabilitation Program Year 2018 HOME Funds: $0 from Entitlement annual allocation; $50,000 project costs & $5,000 program delivery from program income 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 This activity supports the Consolidated Plan goal of owner-occupied housing rehabilitation. This is the #2 goal in the Plan. 2. Type of assistance/activity to be provided with HOME funds: Single Family Housing Rehabilitation (owner-occupied). Activities may include, but are not limited to: program delivery, hazard testing and mitigation, and construction to benefit HOME-qualified low and moderate income households. The City will provide forgivable, non-amortizing loans to eligible owners of single-family housing for substantial housing rehabilitation activities. Assistance will include, but is not limited to costs associated with construction, hazard testing/mitigation, title work, and program delivery. 3. Methods and instruments used for ensuring affordability: Recapture provision (insert description of how the funds will be recaptured i.e. paid in full, pro-rated etc.) The City will secure HOME funds with a Deed of Trust and Promissory Note, or other appropriate lien document(s) approved by the City. These documents will include a recapture provision with loan funds payable to the City should the borrower sell, refinance with cash out or no longer occupy the property as their primary residence. The amount of funds recaptured will be prorated on a yearly basis over the term of the loan. At the end of the term, the loan will be fully forgivable. 4. Anticipated use of program income/project proceeds: Program income/recaptured funds will be used for administration and additional HOME-eligible projects per 24 CFR 92. Contract No. C-22-17-049-3-02 2018 Work Statement B 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 C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to accomplish issue, the subrecipient these activities will completed, these changes: proposed activities, will conduct the produce the activities will lead the subrecipient will following activities: following: to the following need the following: changes: HOME funding The City will provide Owner occupied Low to moderate Stable eligibility qualification, rehabilitated housing income families neighborhoods; environmental review, will have decent, improved safety title work, property safe and sanitary and quality of inspections, hazard housing free of life of occupants testing, project code violations scoping/bidding/constr and adverse uction management, lien health and safety document conditions. preparation/recording, coordination, financial management, reporting and file retention. 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% 0 0 0 Households at or below 60% 0 0 0 Households at or below 80% 1 1 0 TOTAL 1 1 0 Contract No. C-22-17-049-3-02 2018 Work Statement B 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 0 Physically Disabled 0 Other Priority 0 Populations: Veterans F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Amendment executed by City 8/1/18 10/15/18 Household eligibility determination 1/2/20 2/15/20 Environmental review, title work, hazard testing 2/15/20 3/15/20 Project scope, bidding and contract execution 3/15/20 4/30/20 Notice to Proceed/Construction to commence 4/30/20 4/30/20 Temporary relocation (as required) 4/30/20 6/15/20 Rehabilitation of unit 4/30/20 6/15/20 Completion of Construction/Notice of Completion 6/20/20 6/20/20 Units re-occupied by Low/Moderate Income Person/Family 6/20/20 6/20/20 Final project funding draw submitted to County 8/15/20 8/15/20 Completion Reports submitted to City 8/15/20 8/15/20 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Contract No. C-22-17-049-3-02 2018 Work Statement B G. ACTIVITY BUDGET SUMMARY: ACTIVITIES HOME Additional Sources* TOTAL FUNDS (defined in COST Program Year Table H.) 2018 ACQUISITION Land Buildings Closing Costs Legal Fees TOTAL $0 $0 $0 SITE & DEMOLITION Site Work Demolition TOTAL $0 $0 $0 NEW CONSTRUCTION or REHAB Construction Costs-Materials $0 $50,000 $50,000 Builder Overhead Builder Profit General Requirements Consultant/Specialist Permits & Fees Construction Contingency Sales Tax Other-Infrastructure TOTAL ARCHITECTURAL FEES Design Supervision Other TOTAL $0 $0 $0 CONSTRUCTION INTEREST & FEES & LEGAL FEES Construction Interest Bond Premium Title & recording Insurance Legal Fees Other TOTAL ADMINISTRATION COSTS Program Delivery $0 $5,000 $5,000 Administration Volunteer Labor GRAND TOTAL $0 $55,000 $55,000 Contract No. C-22-17-049-3-02 2018 Work Statement B H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT Program Income $55,000 TOTAL $55,000 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 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 TOTALS N/A $0