CITY OF CHANDLER IGA HOME AMENDMENT 2.PDF

Maricopa County — Formal (2018-10-10)

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Contract No. C-22-17-048-3-02 Amendment No. 2
AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF CHANDLER
I. Maricopa County (“County”) administered by its Human Services Department and the City of
Chandler (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about
February 15, 2017. The purpose of the Agreement is for the City to provide single family owner
occupied housing reconstruction and a tenant based rental assistance program. The County provided
the City with $299,853 in 2016 HOME Investment Partnerships 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 February 13, 2018 to add 2017 Work Statements
for a Community Land Trust program for the City to acquire, rehabilitate and resell a single family
home and for expansion of the tenant based rental assistance and administration programs. The
County provided the City with $298,870 for the 2017 Work Statements. Upon approval of
Amendment No. 1, the Agreement funding amount increased to $598,723.
II. The Parties wish to amend the Agreement as follows (Amendment No. 2):
A. Add additional Work Statements hereinafter referred to as “2018 Work Statement A” for the
City to acquire, rehabilitate and resell a single family home . The County will provide the City
with $189,473 in 2018 HOME funds. The expenditure term for this Work Statement shall
expire on September 30, 2022.
B. Add additional Work Statements hereinafter referred to as “2018 Work Statement B” for the
City to provide tenant based rental assistance. The County will provided the City with
$232,484 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on
September 30, 2022.
C. Funding amount for the 2018 Work Statements shall not exceed $421,957.
D. All work performed or costs incurred or expended under the previously approved 2016 Work
Statements in the amount of $299,853 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 Statements in the amount of $298,870
shall remain reimbursable through September 30, 2021.
E. Upon approval of Amendment No. 2, the Agreement funding amount shall be increased to
$1,020,680.
F. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total
funding of $1,020,680.
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-22-17-048-3-02 Amendment No. 2
IN WITNESS THEREOF, the Parties have signed this Amendment:
APPROVED BY: APPROVED BY:
CITY OF CHANDLER 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 CHANDLER MARICOPA COUNTY
BY: ______________________________ BY: ______________________________
City Attorney Deputy County Attorney
Date: __________________________ Date: __________________________

C-22-17-048-3-02 2018 Work Statement A
MARICOPA COUNTY
HOME Investment Partnerships Program
Work Statement
Project: Newtown Community Land Trust Acquisition/Resale
Program Year 2018 HOME Funds: $189,473
Type of Property: Single Family Residential
Amount of Funding
OTHER
HOME CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$189,473 $75,927 $265,400
Work Statement
The City of Chandler will contract with Newtown Community Development Corporation (Newtown CDC),
acting in the capacity of a Community Housing Development Corporation (CHDO) developer to acquire and
rehabilitate a single-family home in Chandler. The project is a scattered-site homeownership project which
target specific zip codes: 85224, 85225, and 85226 to be supplemented by the specific street address. The
Parties shall execute an Addendum, once a property is identified. The Addendum shall identify the individual
property by street address for participation in the Newtown CDC Community Land Trust Program (CLT)
will be executed before funding is made available. Funds will be considered to be committed only after
requirements of the HOME Investment Partnerships Program rules are met under the definition of
commitment which includes: all funding necessary for the project is secured, a budget and schedule are
established, underwriting and subsidy layering is completed, construction is scheduled to begin within twelve
months and the individual address for acquisition is identified.
Funds for rehabilitation are obligated by completing a detailed set of plans and specifications (work write-up)
and completing a detailed construction/rehabilitation cost estimate based upon those specifications. Such
cost estimate may include a contingency for construction change orders of up to 15% for rehabilitation and
up to 5% for new construction. The property must be free from any defects that pose a danger to the health
and safety of occupants, and must meet written rehabilitation standards and local codes and ordinances at
project completion. Copies of final inspection must be retained in the project files and submitted to the
County upon submitting completion report.
The completed home will be sold to an eligible low-income first-time homebuyer. The property will be
acquired with Newtown’s line of credit, following completion of environmental review requirements.
Newtown CDC will execute a Deed of Trust and Note naming the City of Chandler as Beneficiary in order to
secure any funds provided to Newtown CDC as reimbursement for acquisition costs.
Resale provisions will be used to ensure compliance with the period of affordability required by HUD at
92.254 of the HOME regulation. The affordability restrictions will be secured by a Community Land Trust
(CLT) Ground Lease and a Declaration of Affirmative Land Use Restrictions.
The completed unit shall be sold through the Newtown (CLT) program in which the buyer purchases the
improvements only and enters into a 99-year CLT Ground Lease with Newtown CDC. The CLT Ground
Lease contains provisions that require the housing to be used as the buyer’s principal residence and restricts
resale/transfer only to Low-Income buyers. In addition, the CLT Ground Lease has a shared-appreciation
provision that limits the sale price of the housing and helps ensure affordability for future buyers. A
Memorandum of Ground Lease and Right of First Refusal are recorded. A “Performance” Deed of Trust is

C-22-17-048-3-02 2018 Work Statement A
also recorded with the Newtown CDC as the beneficiary; this ensures the Newtown CDC is notified in the
event the owner of the improvements attempts to refinance or transfer the property.
The shared appreciation provision conforms to Maricopa HOME Consortium Recapture / Resale Provisions:
“Fair Return” for leasehold properties is defined as the lessees purchase price, plus 25% of the lessee’s share
of the increase in leasehold value at time of resale based on a leasehold valuation performed by a duly licensed
appraiser.
Declaration of Affirmative Land Use Restrictions: Upon sale to an eligible buyer, a Declaration of Affirmative
Land Use Restrictive Covenant for HOME Project is executed between the Administrator and Newtown
CDC and recorded against the land to secure the Period of Affordability as required by HUD. The Period of
Affordability is based on the total amount of HOME funds invested in the housing.
Eligible buyers will be required to complete an approved homebuyer education class and homeownership
counseling. Eligible buyers will also be required to complete a Community Land Trust (CLT) orientation, at
which time the ground lease, resale restrictions, shared equity and all other provisions of the CLT program
are fully explained.
Beneficiaries: One (1) first time homebuyer at or below 80% of the area median income level. Newtown CDC
will secure affordability through the Resale Provisions. The City shall ensure the beneficiaries are income
eligible and comply with 24 CFR 92.203(d)(1).
Consolidated Plan – Project will increase the supply of affordable rental units for low and very low income
households. High priority rated in the Consolidated Plan.
A. OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
ACCESSIBILITY AFFORDABILITY SUSTAINABILITY
DECENT Single Family Homebuyer Activities,
Housing Rehab and Acquisition/Rehab of rental housing, Housing Activities in a
HOUSING Emergency Rehab; Acquisition/New Construction of rental targeted revitalization
Homebuyer housing, TBRA, Expansion of assisted area
Assistance rental units
B. LOGIC MODEL: PERFORMANCE INDICATORS
The City of Chandler will partner with Newtown CDC to acquire and rehabilitate one home which
will be sold to a low or moderate homeowner using a Community Land Trust Model. The outcome
will be increased affordable housing for low to moderate income families as well as to increase
homeownership, provide decent housing, improve neighborhoods and quality of life.
C. SITE INFORMATION: Scattered sites in Chandler. Parties will execute addenda to this agreement
when specific parcels are identified.
D. PERFORMANCE REPORTING - GOALS:
Project Completion date: September 30, 2021

C-22-17-048-3-02 2018 Work Statement A
E. TIMELINE OF ACTIVITIES
START COMPLETION
MILESTONES: Tasks to be Performed
DATE DATE
Application/market study 11/2017 11/2017
Site selection 12/1/2018 6/30/19
Environmental reviews to City of Chandler 12/1/18 6/20/19
Homeownership counseling/buyer preparation 7/1/18 9/30/2019
Acquisition 12/15/18 9/30/2019
Work write-ups and bid selection 12/15/18 9/30/2019
Homebuyer financing secured 12/1/18 9/30/2019
Rehabilitation 12/30/18 9/30/2019
Resale of properties to homeowners 1/15/19 9/30/19
Final Close-out /Project Completion Form 10/31/2019
Any change to the Timeline will need to be approved by the County.
F. ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT:
The HOME unit will have a period of affordability of 15 years. During this time, the project will be
monitored annually and the unit will be verified annually. The affordability standard is applied to
both the original homebuyer and subsequent purchaser and will be enforced by imposing deed
restrictions, covenants running with the land, or other similar mechanisms.
G. ACTIVITY BUDGET SUMMARY:
2018 TOTAL
ACTIVITY CASH Additional
HOME PI and Recapture ACTIVITY
MATCH Resources
AMOUNT BUDGET
Acquisition (b) 189,473 22,927 212,400
Rehabilitation
Down payment
assistance 25,000 25,000
Relocation
Development
Costs (a) 9,000 9,000
Staff Costs (a)
Services (a)
Development
Fees 19,000 19,000
Other (LBP, title,
appraisal)
TOTALS $189,473 $75,927 $265,400
(a) These costs must be address specific; otherwise, these costs must be considered administrative
costs.
(b) $2,500 per activity/property will be withheld from the total amount of HOME funds obligated to
each activity/address until a completion form is submitted by Newtown CDC.

C-22-17-048-3-02 2018 Work Statement A
H. ACTIVITY MATCH:
AMOUNT FORM OF MATCH
$47,468.25 IDA Funds
I. SALES PRICE:
To ensure the home is affordable for the target income groups, the sales prices shall be calculated so
that the Buyers' monthly housing expenses are 28% of their gross monthly household income.
Monthly housing expenses include principal, interest, property taxes, home insurance, HOA fees, and
monthly ground lease fees. Buyers' monthly housing expenses must be at least 24% and not exceed
33% of Buyer's gross monthly household income; unless there are documented compensating
factors.
Homebuyers may obtain only mortgage loans with a fixed term and interest rate; lender fees may not
exceed 5% of the mortgage amount.
The income of buyers shall be determined according to the requirements at 92.203. In addition, the
property will have an estimated value after rehabilitation that does not exceed 95 percent of the
median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii).
J. CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered project proceeds and
subject to the project proceeds requirements set forth in HOME Program regulations. Project
proceeds shall be tracked by the CHDO. Documentation supporting the amount of project proceeds
received and expended shall be submitted on the periodic progress report, if requested by the
County. Project proceeds shall be retained and expended by the CHDO for acquisition and/or
rehabilitation of additional properties under this agreement.
K. CONVERSION TO RENTAL:
Any HOME homebuyer units that have not been sold to an eligible homebuyer within nine (9)
months of receipt of a Certificate of Occupancy must be converted to a HOME rental unit that
complies with all HOME requirements for the period of affordability applicable to such rental units,
according to 24 CFR 92.254(a)(3). If the vacant property is not converted, HOME funds must be
repaid to the County.
L. AFFORDABILITY REQUIREMENTS:
1. The housing that is acquired with HOME funds must be single family housing. The family or
individual acquiring the housing must qualify as Low Income and maintain the housing as the
principal residence throughout the Period of Affordability, which shall be for a period of 15
years in accordance with HOME program requirements.
2. Resale provisions (Attachment D) will be used to ensure compliance with the period of
affordability required by HUD at 92.254 of the HOME regulation. The affordability restrictions
will be secured by a Community Land Trust (CLT) Ground Lease and a Declaration of
Affirmative Land Use Restrictions and a Deed of Trust.
a.) CLT Ground Lease. Completed units shall be sold through Newtown’s Community Land
Trust (CLT) program in which the buyer purchases the improvements only and enters into a
99-year CLT Ground Lease with Newtown CDC. The CLT Ground Lease contains
provisions that require the housing to be used as the buyer’s principal residence and restricts

C-22-17-048-3-02 2018 Work Statement A
resale to only Low-Income buyers. In addition, the CLT Ground Lease has a shared-
appreciation provision that limits the sale price of the housing and helps ensure affordability
for future buyers. A Memorandum of Ground Lease and Right of First Refusal are
recorded. A “Performance” Deed of Trust is also recorded with Newtown CDC as the
beneficiary; this ensures Newtown CDC is notified in the event the owner of the
improvements attempts to refinance or transfer the property.
b.) Declaration of Affirmative Land Use Restrictions. Upon sale to an eligible buyer, a
Declaration of Affirmative Land Use Restrictions is executed between the Administrator and
Newtown CDC and recorded against the land to secure the Period of Affordability as
required by HUD. The Period of Affordability is based on the total amount of HOME
funds invested in the housing.
c.) Deed of Trust. Upon sale to an eligible buyer, a Deed of Trust is executed between the
Administrator and Newtown CDC and recorded against the land to secure the Period of
Affordability as required by HUD. The Period of Affordability is based on the total
amount of HOME funds invested in the housing.

C-22-17-048-3-02 2018 Work Statement B
MARICOPA COUNTY
HOME Investment Partnerships Program
2018 Work Statement B
Consortium Member: City of Chandler, Arizona
Project: Tenant Based Rental Assistance and HOME Administration
Program Year 2018 HOME Funds: $206,112 (Entitlement funds); and $26,372 (Administrative funds)
Program income and recapture funds: $62,812.19
Type of Property: Rental
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
 High
2. Type of assistance/activity to be provided with HOME funds:
 Tenant Based Rental Assistance
 Administration
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.)
 Not applicable to this activity.
4. Anticipated use of program income/project proceeds:
 This activity does not generate program income.
B. OBJECTIVES AND OUTCOMES (Check appropriate box below.):
OUTCOMES
OBJECTIVE AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
DECENT Single Family Acquisition/Rehab of rental housing, Housing Activities in a
HOUSING Housing Rehab and Acquisition/New Construction of rental targeted revitalization
Emergency Rehab housing, TBRA, Expansion of assisted area
rental units
C. LOGIC MODEL: PERFORMANCE INDICATORS:
The City of Chandler Housing and Redevelopment Division will administer the Tenant Based Rental
Assistance Program. Through this effort, homelessness will be prevented by providing decent,
affordable rental housing for families in need. This will result in self-sufficiency and housing
stabilization, as well as an understanding of the underlying issues that contributed to loss of housing.

C-22-17-048-3-02 2018 Work Statement B
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% 20
Households at or below 60%
Households at or below 80%
TOTAL 20
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 20
F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
START COMPLETION
TBRA MILESTONES
DATE DATE
September 13,
HOME Contract Amendment signed by City Council 2018
Signed MOA between City of Chandler Neighborhood
Resources/CD and Housing and Redevelopment
Division October 2018
August 2018 September 13,
Environmental Program Clearance 2018
October 2018 September 30,
Application Intake-Certification of Income Eligibility 2022
October 2018 September 30,
Application Review 2022
Prior to leasing
throughout September 30,
Initial HQS Property Inspection Contract Term 2022
Home Set up Report to County October 2018
October 2018
Unit Occupied by Low/Moderate Income Throughout September 30,
Person/Family Contract Term 2022
Completion Report submitted to City July 31, 2022 September 30,
2022
Any change to the Timeline will need to be submitted to and approved by Maricopa County.

C-22-17-048-3-02 2018 Work Statement B
G. ACTIVITY BUDGET SUMMARY:
TBRA ACTIVITIES HOME HOME TOTAL
FUNDS Program Income COST
Program Year and Recaptured
2018 Funds
RENTAL COSTS
Monthly Rent** – $206,112 $62,812.19
Utility Costs
Security Deposit Assistance
Utility Deposit Assistance
HOME ADMINISTRATION* $26,372
TOTAL FUNDING $232,484 $62,812.19 $268,924.19
*Administration funds to be expended by the City of Chandler for overall HOME program administration.
**Monthly rent (includes one-time security and utility deposit, as needed, for each participating household)
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.
SOURCE/FUNDING
TYPE AGENCY TOTAL
Cash or cash equivalents from a
non-federal source (City of $51,528 $51,528
Chandler General Funds)