AMENDMENT 1.PDF

Maricopa County — Formal (2018-10-10)

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Contract No. C-22-18-033-3-01 Amendment No. 1
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 four (4) 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 City,
and the CHDO may be referred to individually as “Party” or collectively as “Parties.”
II. The Parties wish to amend the Agreement as follows (Amendment No. 1):
A. Add an additional Work Statement hereinafter referred to as “2018 Work Statement” for the
CHDO to acquire, rehabilitate and resell four single family homes to be included in their
Community Land Trust program. The expenditure term for this Work Statement shall expire
on September 30, 2022.
B. The County will provide funding for 2018 Work Statement in an amount not-to-exceed
$473,522.
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 2017 Work Statements in the amount of $182,784 shall remain
reimbursable through September 30, 2021.
D. Upon approval of Amendment No. 1, the Agreement funding amount shall be increased to
$656,306.
E. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total
funding of $656,306.
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-22-18-033-3-01 Amendment No. 1
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
APPROVED BY:
NEWTOWN CDC
___________________________________
Date: __________________________
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-22-18-033-3-01 2018 Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
2018 Work Statement
Project: CHDO Newtown Community Land Trust Acquisition/Resale
Program Year 2018 HOME Funds: $473,522
Type of Property: Single Family Residential
Amount of Funding
OTHER
HOME CHDO CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$473,522 $667,998 $1,141,520
Work Statement
Newtown CDC (CHDO), acting in the capacity of a developer, will acquire and rehabilitate four (4) single-
family houses in Chandler. This is a scattered-site homeownership project and will target zip codes 85224,
85225, and 85226 to be supplemented by the specific street address. Parties agree to execute an addendum,
once properties are identified. Addenda to this Agreement identifying individual properties by street address
for participation in Newtown’s Chandler Community Land Trust Program (CLT) will be executed before
funding is made available. Funds will be paid to CHDO only after the CHDO has met the Commitment
requirements as set forth in 24 CFR 92.2 (1) and (2) respectively and is prepared to commence construction
within twelve months.
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
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.

C-22-18-033-3-01 2018 Work Statement
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: Four (4) first time homebuyers 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. PERFORMANCE INDICATORS
The City of Chandler will partner with Newtown CDC to acquire and rehabilitate four homes 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.

C-22-18-033-3-01 2018 Work Statement
D. PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES
START COMPLETION
MILESTONES: Tasks to be Performed
DATE DATE
Application/market study 11/06/2017 12/07/2017
Execute Amendment 08/01/2018 11/30/2018
Site selection 12/01/2018 10/31/2020
Environmental reviews to City of Chandler 12/01/2018 09/30/2020
Homeownership counseling/buyer preparation 07/01/2018 09/30/2020
Acquisition 12/15/2018 09/30/2020
Work write-ups and bid selection 12/15/2018 09/30/2020
Homebuyer financing secured 12/01/2018 09/30/2020
Rehabilitation 12/30/2018 09/30/2020
Resale of properties to homeowners 01/15/2019 09/30/2020
Final Close-out /Project Completion Form 10/31/2020
Any change to the Timeline will need to be approved by the County.
E. 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.

C-22-18-033-3-01 2018 Work Statement
F. ACTIVITY BUDGET SUMMARY:
CHDO Funds Additional Sources*
ACTIVITIES TOTAL COST
PY 2018 defined in Table G.
Acquisition $473,522 $326,478 $800,000
Land $0
Inspections, title, appraisal $9,600 $9,600
Legal Fees $0
TOTAL $473,522 $336,078 $809,600
SITE & DEMOLITION $0
Site Work $0
Demolition $0
TOTAL $0 $0 $0
REHABILITATION $0
Construction $200,000 $200,000
Builder Overhead
Builder Profit
General Requirements
Consultant/Specialist
Permits & Fees
Construction Contingency
Sales Tax
Other-Infrastructure
TOTAL $0 $200,000 $200,000
ARCHITECTURAL FEES
Design
Supervision
Other
TOTAL $0 $0 $0
RESALE / CARRYING COSTS -
Interest $11,680 $11,680
Taxes $1,600 $1,600
Insurance $960 $960
Utilities, maintenance $4,160 $4,160
Title & recording $6,000 $6,000
Realtor fees $26,720 $26,720
TOTAL $0 $51,120 $51,120
ADMINISTRATION COSTS $0
Developer Fee (address specific-project delivery) $80,800 $80,800
TOTAL $0.00 $80,800 $80,800
GRAND TOTAL $473,522 $667,998 $1,141,520

C-22-18-033-3-01 2018 Work Statement
*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.
**$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.
G. ADDITIONAL SOURCES (as outlined in Section F-Budget)
SOURCE AMOUNT
Newtown Line of Credit and cash $667,998
H. ACTIVITY MATCH:
AMOUNT FORM OF MATCH SOURCE
$118,381 IDA Funds Federal Home Loan Bank
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, or for other HOME-eligible activities with prior approval
from the Administrator.
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.

C-22-18-033-3-01 2018 Work Statement
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 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.