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C-06-11-189-M-00 AMENDMENT No. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY, and THE HOUSING AUTHORITY OF MARICOPA COUNTY, Maricopa County, a political subdivision of the State of Arizona (“County”) and the Housing Authority of Maricopa County, a public housing authority (“Housing Authority”), entered into a Formation Intergovernmental Agreement (“Formation IGA” on or about April 2, 2004. On January 13, 2011 the Parties entered into an Intergovernmental Agreement (“Agreement”) terminating and replacing the Formation IGA and creating the Advisory Committee of the Housing Authority to provide operational and policy recommendations to the Executive Director and the Board of Commissioners. The County and the Housing Authority may be referred to individually as “Party” or collectively as “Parties.” The Parties mutually desire to amend the Agreement to create a nonprofit corporation to obtain low income tax credits. 1.0 The Parties have the authority to create a nonprofit corporation to obtain low income tax credits pursuant to A.R.S. §§36-1403(C) and 11-952. 2.0 The Parties mutually desire to amend the Agreement to create a nonprofit corporation to obtain of low income tax credits not traditionally available to governmental entities by amending paragraph 2.1 of the Delegation Authority adding subparagraph 2.1.5 and 2.1.6 which delegate the to the Housing Authority the power: “2.1.5. To enter into an intergovernmental agreement with the County to create nonprofit corporations to apply for and obtain low income tax credits as permitted by A.R.S §36-1403(C); and 2.1.6 To authorize the nonprofit corporation created pursuant to 2.1.5 to exercise the powers prescribed in Article 1, Chapter 12 of Title 36 of the Arizona Revised Statutes.” 3.0 This Amendment is effective upon execution by the Parties. C-06-11-189-M-00 4.0 The Parties agree that the statutory language of A.R.S. §38-511 is applicable to this Amendment and incorporate the same by reference. 5.0 The Parties to this Agreement acknowledge that they are aware that the Civil Services Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for both the County and HAMC. The County and HAMC acknowledge that they are aware of a potential conflict of interest, and waive any claim of conflict of interest, which may arise by virtue of Civil Division’s representation of another Party to this Agreement. 6.0 All other terms and conditions of the IGA shall remain in full force and effect as amended and approved. IN WITNESS THEREOF, the Parties have signed this Agreement: APPROVED BY: HOUSING AUTHORITY OF APPROVED BY: MARICOPA COUNTY MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Commissioners Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________ ______________________________ Clerk of the Board Clerk, Board of Supervisors In accordance with A.R.S. §§ 36-1403, 11-952, 11-201, and 11-251, this agreement has been reviewed by the undersigned attorneys who have determined that this agreement is proper in form and within the powers and authority granted under the laws of the state of Arizona. APPROVED AS TO FORM: APPROVED AS TO FORM: By: ______________________________ By: ______________________________ Attorney for the Housing Authority of Deputy County Attorney Maricopa County Date: __________________________ Date: __________________________