ARM DEVELOPMENT EXHIBITS.PDF

A.R.M of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
LIST OF EXHIBITS AND ATTACHMENTS TO THE DEVELOPER AGREEMENT BETWEEN
MARICOPA COUNTY AND TO A.R.M of SAVE THE FAMILY FOUNDATION OF ARIZONA
EXHIBIT A- STATEMENT OF WORK
Attachment 1: Management and Ownership Services
Attachment 2: Construction Services
Attachment 3: Social Services
Attachment 4: Rider
Attachment 5: Project Descriptiqn
Attachment 6: Budget
Attachment 7: Budget Amendmepl
Attachment 8: HOME Subsidy Program Limits
Attachment 9: HOME Income Limits
Attachment 10: HOME Program Rents
Attachment 11: Utility Allowanoes
Attachment 12: Annual Income Documentation
EXHIBIT B- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Attachment 1: Occupancy Restrictions and Project Unit Characteristics
Attachment 2: Affirmative Marketing Procedures
EXHIBIT C- PAYMENT PROCEDURES
Attachment 1: Additional Documentation
Attachment 2: Match Log Form
Attachment 3: Payment Request Form
Attachment 4: Rental Set Up and Completion Form
Attachment 5: Section 3 Report
Attachment 6: MBE/WBE Report
EXHIBIT D- AFFORDABILITY REQUIREMENTS
EXHIBIT E- ANNUAL RENTAL COMPLIANCE REPORT
EXHIBIT F- AFFIRMATIVE MARKETING REQUIREMENTS
Attachment 1: Affirmative Marketing Policy & Procedures
Attachment 2: Minority and Women's Business Enterprise Policy & Procedures
EXHIBIT G- CONTRACTOR CERTIFICATIONS
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ARM of Save the Family Foundation of Arizona
Marieopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment I: Management and Ownership Services
A.R.M. of Save the Family Foundation of Arizona shall be responsible for the following:
Developing and implementing plans to encourage participation in the Project of Section 3
residents, Section 3 5p1all business concerns, minority-owned businesses and women-owned
businesses. All such plans shall be submitted to the County for its review and approval, if
applicable.
2. Using best efforts to cause the Project to proceed and close in accordance with the Project Schedule
and the Project Budget.
3. Conducting a market an4lysis and feasibility study.
4. Assist the County in preparing all required submissions and reports to HUD and other governmental
agencies, and assisting the County in securing HUD approvals.
5. Assuring that all Project activities performed shall be provided in accordance with generally accepted
standards for quality Prolect and rehabilitation of housing in Maricopa County.
6. Furnishing the skill 4pd judgment necessary to perform the Project Services in a quality,
expeditious and economical manner consistent with the best interests of the Project.
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STA I EMENT OF WORK
Attachment 2: Construction Services
A.R.M. of Save the Family shall, in its role as the general contractor, perform the following:
1. Prepare all rehabilitation plans, budgets, schedules and contracts, including those with
the contractors and other parties working on the Project. All such plans, budgets, schedules and
contracts and any material change thereto shall be subject to the review and approval of the County,
which approval shall not be unreasonably denied. The County and A.R.M. of Save the Family
agree that non-asbestos containing materials, where applicable, will be used during the Project. The
rehabilitation must confprm to all applicable legal requirements, including ordinances of the
County where the Project is located, all Environmental Laws, all State and local codes, including
building and fire codes, ancl the Fair Housing Act.
2. Prepare biddinp packages for independent third party cost appraisal or cost reasonable
analysis as the general contractor,
3. Administer contracts with local engineers, contractors, subcontractors, materials
suppliers and other local professionals and consultants. A.R.M. of Save the Family shall place in all
such contracts provisions whereby each Subcontractor warrants its work from any and all potential
construction defects.
4. Apply for and obtain all necessary and applicable permits (including building and
construction permits), licenses, easements and approvals necessary for the physical improvements
contemplated by the Project,
5. Cause the rehabilitation and completion of the Project in accordance with this
Agreement, the Project Schedule and the Project Budget.
6. Monitor the performance of all persons and entities that are to provide materials,
equipment or services to the Project and take such actions as are necessary to maintain adherence to
quality standards, safety gandards, production schedules, shipping dates, and job-site requirements.
7. Submit Contract Performance Reports to the County quarterly.
8. Require that any warranties for construction work shall continue for a period of not
less than one year from the date of final acceptance of the work.
9. Construction work shall be performed in accordance with all applicable legal
requirements. Construction work shall be performed in good and workmanlike manner, free and clear
of all mechanic's, materialipan's or similar liens and in accordance with good construction practices.
10. As a part of all construction work, A.R.M. of Save the Family shall equip any dwelling
units or cause the same to be equipped with all equipment and articles of personal property
necessary and appropriate for legal occupancy, including refrigerators and ranges.
11. A.R.M. of Save the Family shall take and/or cause others to take reasonable precautions
for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to,
employees and other per4ons on where construction activities are underway. A.R.M. of Save the
Family shall take reasenrible precautions for the safety and protection of the improvements,
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ARM of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
materials and equipment to be incorporated therein, under care, custody or control of A.R.M. of
Save the Family, contractors or any subcontractor.
12. Establish and implement appropriate administrative and financial controls including,
but not limited to:
i. reviewing and making approvals and payments for the rehabilitation
of the project;
complying with all terms and conditions applicable to the Project contained
in any governmental permit or approval required or obtained for the lawful
construction or operation of the Project or in any insurance policy affecting or
covering the Project, or in any surety bond obtained in connection with the
Proj Qpt;
furnishing such consultation and advice relating to the Project as may be
reasonfibly requested from time to time by the County;
iv. identifying local providers for Project and construction services; and
v. identifying local providers for Project and construction services; and
vi, taking such actions as may be required to obtain any certificates of
occupancy or equivalent documents required to permit the occupancy of units.
13, Perform all such other Construction Services which are necessary in connection with
the Project, including writtn progress reports for the County.
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A.R.M. of Save the Family Foundation of Arizona
Marieopa County HOME Agreement
EXHIBIT A- STATEMENT EMENT OF WORK
Attachment 3: Social Services
A.R.M. of Save the Family anq County recognize that the below-described social services are important
to the success of any revitalization, but that the sources of funding for such social services are very
scarce. Services to be provided will specifically focus on: promoting self-sufficiency, maintaining
independent living (housing rptention), advocacy, employment, and supporting positive life choices
through the provision of life skills, leisure activities and classes for the whole family.
A.R.M. of Save the Family shall use best efforts to provide social services to the residents of the HOME
assisted properties with voluntary services providing access to a full range of services including:
1. career development sprvices (job training, search assistance and/or placement)
2. after school programmIng
3. financial counseling/pducation
4. transportation (bus passes to assist residents in attending classes and social meeting with social
service providers
5. cadre of over 20 prevention and intervention programs for adult, children and youth that
advance self-determination, dignity and quality of life.
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STA I EMENT OF WORK
Attachment 4: Rider
Section 3: 24 CFR Part 131,38
All Section 3 covered contracts and subcontracts for the project assisted under this agreement shall
include the following citation, verbatim:
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3
is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement section 3. As eviclenced by their execution of this contract, the parties to this contract certify
that they are under no contractual or other impediment that would prevent them from complying with the
part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective hargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the contractor's commitments under this section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The notice shall describe the section
3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship
and training positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor ip selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent Ole contractor's obligations under 24 CFR part 135.
F. Noncompliance with HULys regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
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A.R.M of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 5: Project Description
Project Description:
A.R.M. of Save the Family Project as described herein, that will utilize HOME funds to acquire and
rehabilitate a minimum of three (3) single-family residential rental properties located at 6610 E.
University Dr. #184, Mesa, AZ 85205; 6610 E. University Dr. #23, Mesa, AZ 85205; and 6610 E.
University Dr. #131, Mesa, AZ 85205. The ARM of Save the Family Project will benefit low-income
families with an annual income at or below 60% of the median area income ("AMP). During the fifteen
(15) year Period of Affordability (as that term is defined in the Agreement). The income and rent
restrictions for the three (3) county HOME assisted units must be maintained during the entire Period of
Affordability.
Project Eligibility:
HOME Maximum Per—Unit §4bsidy — The total amount of HOME funds invested on a per-unit basis in
affordable housing may not exceed the per-unit dollar limitations. See Exhibit A, Attachment 8: HOME
Subsidy Program Limits.
Property Standards - Housing that is constructed or rehabilitated with HOME funds must meet all
applicable federal, state and local codes, rehabilitation and construction standards, ordinances, and zoning
ordinances, including Section 504 of the Rehabilitation Act of 1973 and Fair Housing Act, as amended, at
the time of project completion. All work will meet decent, safe and sanitary housing standards consistent
with HOME regulations including HUD Uniform Property Conditions Standards (UPCS) and Maricopa
County Housing Rehabilitation Standards. These standards are available on the Maricopa County website
under Housing & Community Development or upon request.
Occupancy Requirements - The A.R.M. of Save the Family' staff will determine and verify income
eligibility of tenants for the LIOME assisted-units prior to occupancy of a unit. The occupancy of the
County HOME assisted unit l must be by households whose income is at or below 60% AMI throughout
the Period of Affordability; see Exhibit A, Attachment 9: HOME Income Limits. A.R.M. of Save the
Family will define "Annual Income" as it is defined at 24 CFR Part 92 and will document sources of
income and examine eligibility on an annual basis in order to meet requirements of HOME regulations at
24 CFR Part 92.203. Additional guidance and resources are outlined in Exhibit A, Attachment 12:
Annual Income Documentatfon.
Affordability Period — You wili ensure that all housing assisted under this Agreement meets the affordability
requirements of 24 CFR § 92,252, as applicable, that are further described in Exhibit D: Affordability
Requirements.
Match - There is a 25% match requirement for HOME funds (amount listed in Exhibit A, Attachment 6:
Budget). The HOME funds provided under this Agreement are subject to the matching contribution required
under 24 CFR § 92.218. A.R,M. of Save the Family will supply match information as a part of the payment
procedures and claims for reimbursement set forth in the Agreement; see Exhibit C, Attachment 2: Match Log
Form. The match will be verified through required documentation and monitoring by the County.
Rent- Rents must charge rents at or below the Low HOME. Rents will charge at 30% of tenant's gross
income below that maximum Low HOME rent.
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
FY 2016/2017 Deliverables
Beneficiaries
Number of households (units) 3
Number of households (approximate) 3 households; approximately 10 persons assisted
Use of HOME Funds - The HOME funds provided under this Agreement shall be used for Acquisition
and Rehabilitation and Developer Fee only.
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ARM of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 6: Budget
A.R.M. of Save the Family
Acquisition/Rehabilitation for Rental
Maricopa County Project
Acquisition and rehabilitation of three (3) single family residential County HOME assisted units of
affordable housing.*
3,UNIT AFFORDABLE HOUSING FUNDS
Sources Total
Maricopa County — HOME Loan $ 634,204
HOME ELIGIBLE EXPENSES
Item Expense
Acquisition $ 497,800
Rehabilitation $69,700
Contingency $26,704
Developer Fee - $40,000
TOTAL $634,204
Match Requirements — A.R,M. of Save the Family' matching funds requirement is $158,551. This non-
federal funds match requirement must be met using funds provided through volunteer hours for
construction, professional servjces, property tax abatements, donated materials, family sponsorships, and
direct salary/employee related expenses supported by non-federal dollars.
All match contributions shall be approved by the County prior to submittal of any claim for the
reimbursement of expenses, Failure to meet the match contributions may result in A.R.M. of Save
the Family being denied a qatin for the reimbursement of expenses.
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 7: Budget Amendment
Any increase to total original loan amount requires Board of Supervisor's Approval. No attachments are
required, but budget information must be included below.
Original Approved Budget Proposed Amended Budget
Funds Total Funds Funds Total Funds
**Please include the follow* for the amendment requested:
1. Identify the reasons for the proposed amendment(s).
2. Steps being taken to avoi4 any future amendment requests for the same reasons
3. If additional local matching funds are required as a result of this amendment, please attach
certification that such funds are available.
I approve the amendment(s) requested to be incorporated into our current agreement. All other provisions
of the agreement shall remain unchanged.
Authorized Signature Date
FOR OFFICE USE ONLY
Recommended for Approval
Not Recommended for Approval due to:
Staff Signature Date
Staff Supervisor Signature Date
Community Development Assistant Director Date
Signature
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 8: HOME Subsidy Program Limits
For any HOME projects which received HOME commitments in the Maricopa as of November 18, 2015,
the following income limits apply. The limits are set by HUD at 240% of the Section 234 Elevator Base
Limits by bedroom size.
Bedroom Size Maximum HOME per unit subsidy limit
0 Bedrocim $140,107
I Bedroom $160,615
2 Bedrooms $195,305
3 Bedrooms $252,662
4 BedroOms $277,344
Please request updated HOMF maximum per unit investment limits from the Maricopa County
Community Development Division on an annual basis as these limits are adjusted annually by the U.S.
Department of Housing & Urban Development (HUD) or go to www.hsd.maricopa.kov or HUD's
webs ite for the updated versions each year.
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A.R.M of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 9: HOME Income Limits
2016 Maricopa County HOME Program Income Limits and
HOME Program Rent Limits
HOME INCOME LIMITS
7 erson ..M1411
Maricopa County 30', $ 13,200 $ 15,100 $ 17,000 $ 18,850 $ 20,400 $ 21,900 $ 23,400 $ 24,900
Median Household (Very Low) 50% $ 22,050 $ 25,200 $ 28,350 $ 31,450 $ 34,000 $ 36,500 $ 39,000 $ 41,550
60% $ 26,450 $ 30,200 $ 34,000 $ 37,740 $ 40,800 $ 43,800 $ 46,800 $ 49,850
(Low) - 80% $ 35,250 $ 40,250 $ 45,300 $ 50,300 $ 54,350 $ 58,350 $ 62,400 $ 66,400
Effective 3/28116
HOME income limits from the Maricopa County Community Development Division on are updated on an
annual basis as these limits are adjusted annually by the U.S. Department of Housing & Urban
Development (HUD) or go to HUD's webs ite for the updated versions each year or
www.hsd.inaricopa.kov.
http://portal.hud.gov/hudportal/HUD?src--/program offices/comm planning/affordablehousing/pr
ograms/home
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ARM of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 10: HOME Program Rents
HOME RENT LIMITS
Maricopa County Rent Limits
LOW HOME Rent Limit .0 581 $ 623 $ 747 I $ 863 $ 963 $ 1,06;-, 1,162
HIGH HOME Rent Limit $ 593* $ 735 $ 908 1$ 1,089 $ 1,195 $ 1,300 $ 1,404
For information only:
Fair Market Rent $ 582 $ 735 $ 908 $ 1,338 $ 1,563 $ 1,797 $ 2,032
50% Rent Limit $ 581 $ 623 $ 747 $ 863 $ 963 $ 1,063 $ 1,162
65% Rent Limit $ 736 $ 790 $ 949 $ 1,089 $ 1,195 $ 1,300 $ 1,404
, Effective 6/112015
Per HUD, adjusted Low HOME Rent or High HOME Rent corrects for 2013-202 incorrect hold harmless rent.
For all HOM E projects, the mmJmum pligwable rent is the HUD calculated High HOM E Rent Limit and/or Low HOME Rent Limit.
Please request updated HOME rent limits from the Maricopa County Housing & Community
Development department on an annual basis as these limits are adjusted annually by the U.S.
Department of Housing & Urban Development (HUD) or go to HUD's website for the updated
versions each year.
http://portal ,hud.gov/hudportal/HUD?src=/program offices/comm planning/affordablehousing/pr
ograms/hom
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Attachment 11: Utility Allowances
Allowances for Tenant U.S. Department of Housing and Urban OMB Approval No, 2577-0169
Development
Furnished Utilities and other Office of Public and Indian Housing
Services
Locality: Housing AuthOrity of Maricopa Unit Type: Apartment/ Date (mm/dd/yyyy)
County, AZ Walk-Up '
Utility or Service Monthly Dollar Allowances
0 BR 1 RR 2 BR 3 BR 4 BR 5 BR
.._ ..
Heating a. Natural pas - SWG $7.00 $9.00 $12.00 $15.00 $19.00 $21.00
b. Bottle GaS/Propane
Electric - ArS $8.00 $10.00 $12.00 $14.00 $16.00 $19.00
c. Electric - RP $6.00 $8.00 $9.00 $11.00 $12.00 $14.00
Cooking a. Natural cim v - SWG $5,00 $6.00 $8.00 $9,00 $12.00 $13.00
b. Bottle Gae/Propane
Electric - ApS $6.00 $9.00 $11.00 $14.00 $16.00 $18,00
Electric-RP $5.00 $8.00 $10.00 $12.00 $14.00 $16,00
Other Electric (Lights APS 7 1 r $20.00 $29.00 $39.00 $48.00 $58.00 $69.00
& Appliances) SRP $15.00 $23.00 $30,00 $38.00 $45.00 $53.00
APS $19.00 $25.00 $38,00 $52.00 $70.00 $88.00
Air Conditioning SRP $19.00 $24.00 $36.00 $49,00 $61.00 $74.00
Water Heating, a. Natural qaa , r - SWG $7.00 $10.00 $14.00 $19.00 $22.00 $25.00
b. Bottle Gars/Propane
Electric - APS $11.00 $17.00 $23.00 $29,00 $35.00 $41.00
Electric - sir $9.00 $14,00 $20.00 $25.00 $30.00 $35.00
-
See Attached Water, Sewer & Trash Collection Schedule
Range/Microwave Tenant-purctiasing/leasIng $12,00 $12.00 $12.00 $12.00 $12.00 $12.00
Refrigerator Tenent-purchasingifeasing $13.00 $13.00 $13.00 $13.00 $13.00 $13.00
Monthly APS 014c Fee $9.59 $10.00 $10.00 $10.00 $10.00 $10.00 $10,00
Other- Monthly SRP 'Mee Fee $18.07 $18.00 $18.00 $18.00 $18,00 $18.00 $18.00
specify: Monthly Gas Pei $11.37 $11.00 $11.00 $11,00 $11.00 $11,00 $11.00
Actual Family Allowances Utility or Service per month cost
To be used by the family to compute allowance. Complete below for the actual unit Heating $
milted. Cooking $
Name of Family Other Electric $
Air Conditioning $
Water Heating $
Address of Unit Water $
Sewer $
Trash Collection $
Range / Microwave $
Refrigerator $
Other $
Number of Bedrooms Other $
Total 1$
7/ ,0 Certified --Seal of -.4;4
Compliance.
form HUD-52667 (12197)
The Nelrod Company 1212013 ref. Handbook 7420.8
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A.R.M of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT A- STATEMENT OF WORK
Aftachment 12: Annual Income Documentation
Source Documentation - The 1-10ME regulations at 92.203(a) Require the income eligibility of
applicants to be determined by examining source documentation which provides evidence of annual
income, such as: wage statements, interest statements, and unemployment compensation statements.
HUD-approved forms are available in the HOME Front's Sample Forms module, which can be accessed
through the following link: http://wi,vw.hud.gov/offices/cpd/affordablehousing/library/forms/
A.R.M. of Save the Family shall obtain and keep as a part of its records required under the Agreement the
following documents from the applicant for all County HOME assisted units. These documents shall be
used in the determination of the gross annual income of the applicants.
• Three (3) months of most recent pay stubs
(For everyone in tho household 18 years & older)
Three (3) months of recent bank statements for all asset/cash accounts (all pages)
• Income Tax Federal returns & W-2 (most recent year)
• Picture ID for applicants
• Social Security Card for applicants (Those with work only must bring residence card)
• Documentation of divorce decree all pages (if applicable)
HUD' Affordable Housing Income Calculator - HUD's Income & Allowances Calculator is an
interactive tool that makes determining the income eligibility and assistance amounts for applicants to
HUD programs easy for agencies to calculate. The agency will enter the requested data and this calculator
will work behind the scenes to generate a summary of results for each applicant. You can then print out
the summary and include it as part of the applicant's file. HUD's Income & Allowances Calculator can be
accessed through HUD's website at the following link:
http://www.hud.gov/offices/cpd/affordablehousing/training/web/calculator/calcula tor. cfm
It is the responsibility of the A,R.M. of Save the Family to ensure that the determination of gross income
has been calculated according to the HOME program rules and guidelines. Information on how to
determine the gross income of applicants can be found on the following website.
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm planning/affordablehousing/tra
ining/web/calculator/requircinents
For further questions on income determination, please contact the Maricopa County Human Services-
Community Development Division and speak with the HOME Program Manager.
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A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
EXHIBIT B: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WHEN RECORDED, RETURN TO
Maricopa County
Attn: Human Services Department
234 N. Central Ave. Ste. 300
Phoenix, AZ 85004
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
HOME Investment Partnerships Program
Effective this day of , 2016, [A.R.M. of Save the Family, whose local address is
125 E. University Dr., Mesq, AZ 85201 (the "Declarant") hereby agrees to bind themselves, their
successors and assigns and the Project in accordance with this Declaration of Covenants, Conditions, and
Restrictions ("the Declaratiqn"), for the benefit of the Maricopa County by and through the Human
Services Department, an agency of the Maricopa County, (collectively "County") together with any
successor and/or assignees to its rights, duties and obligations.
RECITALS
A. The County has been autlwrized pursuant to Arizona Revised Statutes §11-251 et seq. to, among
other things, facilitate development of affordable housing in Arizona by providing funding for property
development through loans and grants.
B. The Project that is the subject of this Declaration is more fully described in Attachment 1, below.
C. The Declarant applied to the County for funding for the Project; and the County relied on the
representations made in the Declarants' application for funding including any documents, materials,
reports, appraisals or studies, provided by Declarant in support of the application for funding.
D. As consideration, in part, fpr funding awarded to the Declarant by the County, the Declarant agrees to
bind the Project and otherwise abide by the covenants, restrictions, duties and obligations set forth in this
Declaration.
E. Among other things, this peclaration describes use restrictions on the Project necessary to comply
with the specific program reTtirements for the source of funding provided by the County to the Project,
including without limitation the HOME Program and other funding programs administered by the
County.
F. The Declarant agrees that execution and recordation of this Declaration is a material condition to the
County's agreement to provide funding to the Project and that the use of the Project shall be restricted for
the term of this Declaration
AGREEMENT
NOW, THEREFORE, the Declarant, under the terms of this Declaration, intend, declare, acknowledge,
and covenant for themselves, their successors and assigns that the warranties, covenants, obligations, and
duties set forth herein, are covenants running with the Project for the term stated herein and as follows:
1. Incorporation. The above recitals are incorporated herein and are part of this Declaration.
2. Definitions. The capitalized terms used in this Declaration shall be understood as follows:
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A.R.M. of Save the Family Foundation of Arizona
Marieopa County HOME Agreement
"Affordability Period" means the term of this Declaration which shall begin on the date that the
Project receives a Certificate of Occupancy and terminate 15 years from the date the Completion
Report is entered into HUD's Integrated Disbursement and Information System (IDIS) by the County.
"Adjusted Income", "Annual Income", "Monthly Adjusted Income", "Monthly Income" mean the
income amounts as determined by the County in accordance with the definitions of these terms in 24
CFR 5, subpart F.
"County" or "Beneficiary" means the Maricopa County by and through the Human Services
Department as the contect requires.
"County Guidance" means guidance provided from time to time by the County relevant to
multifamily rental development programs that it administers.
"Date of Completion" means the date upon which the project is certified for occupancy,
regardless of whether the units are occupied.
"Fair Market Rent" means the fair market rent determined from time to time by HUD for existing
housing for comparable units in the area in accordance with 24 CFR 888.111.
"Funding Agreement" means the agreement dated May 18, 2016, executed by and between the
Declarant and the County that sets forth the terms and conditions of the County's funding of the
Project.
"HOME Program" means the HOME Investment Partnerships Program administered by the U.S.
Department of Housing and Urban Development ("HUD"). The HOME Program is authorized under
Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, which is codified at
42 U.S.C. § 211 et seq., along with the implementing regulations at 24 CFR 92 and described by
other relevant federal guidance.
"Loan Documents" means the Promissory Note, Deed of Trust, and other documents executed by
the Declarants in favor of tile County for the purpose of memorializing and securing loans or grants of
financial assistance by thp county for the Project.
"Low-Income Housebqlds" means families whose annual incomes do not exceed 60 percent of
the median income for the area, as determined by HUD.
"Project" means the project real property, including all buildings, improvements, and fixtures
thereto, that are under common ownership and control of the Declarants, located within Maricopa
County and commonly known as A.R.M. of Save the Family.
"County Housing Funds" means funds made available by the County through either the HOME
Program through allocations and reallocations, plus all matching funds, repayments and interest or
other return on the investment of these funds.
"Utility Allowance" means the monthly utility allowance authorized by the County in accordance
with applicable program requirements for use in determining the maximum amount of rent allowable
on a County HOME assiatod Unit.
"Very Low-Income Household" means households whose annual incomes do not exceed 50
percent of the median household income for the area, as determined by HUD with adjustments for
smaller and larger housepolds, except that HUD may establish income ceilings higher or lower than
50 percent of the median for the area on the basis of HUD findings that such variations are necessary
because of prevailing levpls of construction costs or fair market rents, or unusually high or low family
incomes.
3. Use Restrictions. The Dpelarants covenant that for the term of this Declaration, the Project shall be
used as a multifamily rental as follows:
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a) Program Requirements. The Project shall comply with all applicable program requirements
during the term of this Declaration.
i) All HOME Program requirements apply to Projects financed with HOME Program funds.
Other applicable federal requirements are identified in the Funding Agreement.
ii) HOME Program requirements specifically identified in this Declaration and the Funding
Agreement also apply to Projects financed solely with nonfederal funds.
iii) Conflict. In the event that rules and regulations of multiple funding programs including
the Low Income Housing Tax Credit program described by 24 U.S.C. § 42 apply, the Project
must comply with the strictest of the applicable rules and regulations.
b) Affordability Restrictipns. The income and rent restrictions described in Attachment 3 shall
apply to all County HOME assisted units. During the Affordability Period Declarants will
maintain the County HOME assisted units as rental housing and rent or hold available for rental
each County HOME assisted unit on a continuous basis.
c) Uniform Physical Contlition Standards (UPCS). During the Affordability Period, the Declarants
must maintain the project suitable for occupancy; and, in decent, safe, and sanitary condition and
good repair in accordance with the applicable health, safety, and building codes and federal
physical conditions standards described in 24 CFR 92.251 or such other physical conditions
standards as may be adopted by HUD from time to time. Physical condition standards apply to
the entire Project rather than solely to the County HOME assisted units.
4, Tenants' Rights. The Declarants shall abide by the following requirements when renting any County
HOME assisted unit:
a) Lease. Tenant leases shall be in writing, signed by the Declarants or the Declarant's agent and
the tenant, and for a tqrm of not less than twelve (12) months or for such other term by written
mutual agreement between the tenant and the Declarants.
b) Prohibited Residential Lease Terms. The following terms and provisions are prohibited in any
lease or agreement fqr County HOME assisted unit:
i) Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of the Declarants in a lawsuit brought in connection with the lease;
ii) Treatment of the Tenant personal property. Agreement by the tenant that the Declarants
may take, hold, or sell personal property of household members without notice to the tenant and a
court decision on the rights of the parties. This prohibition, however, does not apply to an
agreement by the tenant concerning disposition of personal property remaining in the housing
unit after the tenant has moved out of the unit. The Declarants may dispose of this personal
property in accordance with Arizona law;
iii) Excusing Declarants from Responsibility. Agreement by the tenant not to hold the
Declarants or the Declarants' agents legally responsible for any action or failure to act, whether
intentional or negligent;
iv) Waiver of Notice. Agreement of the tenant that the Declarants may institute a lawsuit
without notice to the tenant;
y) Waiver of Legal Proceedings. Agreement by the tenant that the Declarants may evict the
tenant or household members without instituting a civil court proceeding in which the tenant has
the opportunity to present a defense, or before a court decision on the rights of the parties;
vi) Waiver of a ,lury Trial. Agreement by the tenant to waive any right to a trial by jury;
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vii) Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's
right to appeal, or to otherwise challenge in court, a court decision in connection with the lease;
and
viii) Tenant Chargeable With Cost of Legal Actions Regardless of Outcome. Agreement by
the tenant to pay attorney's fees or other legal costs even if the tenant wins a court proceeding by
the Declarants against the tenant. The tenant, however, may be obligated to pay costs if the
tenant loses.
c) Termination of Tenancy: Declarants may not terminate the tenancy or refuse to renew the lease
of a tenant of a County HOME assisted unit as specified herein except for: serious or repeated
violation of the terms and conditions of the lease; for violation of applicable federal, state, or
local law; or for other good cause. Any termination or refusal to renew must be preceded by the
Declarants' service upon the tenant of a written notice specifying the grounds for the action,
which notice must bp delivered to the tenant at least 30 days before the termination or refusal to
renew is to be effective. Declarants may immediately terminate a lease in accordance with
A.R.S. § 1368 (2) unless the Project is funded with HOME Program funds and applicable HOME
Program regulations prohibit immediate termination of the lease.
d) The form of lease for any County HOME assisted unit in the Project shall provide for immediate
termination of the lease and eviction in accordance with Arizona Revised Statues for failure to
meet tenant income limits as a result of any material misrepresentation made by the tenant or
prospective tenant with respect to the income certification, or any material misrepresentation
made in conjunction with execution of the lease or the failure by such tenant to execute an
income certification at least annually.
e) Residential rental units in the Project will be rented or available for rental to the public on a
continuous basis and pp tenant shall be evicted without cause.
f) No prospective tenant shall be denied occupancy solely because the person holds a Section 8
voucher or certificate,
5, Tenant Selection. The Declarants must adopt written tenant selection policies and criteria for County
HOME assisted units that:
a) are consistent with Ole purpose of providing housing for very low-income and low-income
families;
b) are reasonably related to program eligibility and the applicant's ability to perform the obligations
of the lease;
c) provide for the selection of tenants from a written waiting list in the chronological order of their
application, insofar as Is practical; and
d) provide for the prompt written notification to any rejected applicant of the grounds for any
rejection; and,
e) provide affirmative fair housing marketing procedures as described in Exhibit F, Attachment 1 to
this Declaration.
6. Term of Declaration
a) The Affordability Period and this Declaration shall terminate 15 years from the date the HOME
Completion Report is entered into HUD's Integrated Disbursement and Information System
(IDIS) for each property.
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b) The warranties, covenants, obligations, and duties described in this Declaration shall commence
on the date of execution of this Declaration and shall continue in effect during the full term of this
Declaration.
c) In the event of transfer of the Project as the result of a judicial foreclosure, trustee's sale, or by
deed in lieu of foreclosure to the holder of a legal interest in the Project that is senior in time or
right to the County, the warranties, covenants, obligations, and duties described in this
Declaration shall terminate.
7. Monitoring and Enforcement. County shall conduct periodic monitoring and review of the Project for
the purpose of determining compliance with applicable program requirements and this Declaration.
Monitoring and review includes on-site inspections and review of documents supplied to the County
by the Declarants or others on behalf of the Declarants or the Project.
a) Entry and Inspection. The Declarants shall pei mit, during normal business hours and upon
reasonable notice, any duly authorized representative of the County to conduct on-site inspections
of the Project land and improvements and to inspect any facility, document book, and record of
the Declarants relating to the Project.
b) Certifications. By March 15 th of each year, the Declarants will submit such certifications as may
be identified in the Funding Agreement, in County Guidance, or otherwise required by the
County.
c) Books and Records. The Declarants shall keep and maintain at the Project all documents, books,
and records required by the Funding Agreement, applicable program requirements, and County
Guidance.
d) Information. The Declarants shall submit any other information, documents or certifications that
the County shall deem reasonably necessary.
8. Breach. The Declarants covenant and agree to inform the County by written notice of any breach of
the Declarants' obligations hereunder within five (5) business days of first discovering any such
breach. Violations shall bp cured within the deadlines described in paragraph 9, below. If any such
breach is not corrected to the satisfaction of the County within the cure period, the County may,
without further notice, deelare a default under this Declaration, and the County may apply to any
court, state or federal, for any of the remedies described in paragraph 9 of this Declaration.
9. Remedies. Subject to the written requirements of the Deed of Trust of even date with this
Declaration, and an agreement between a Lender and the County, if any, in the event that Declarants
breach any warranty, covenant, obligation, or duty set forth in this Declaration, and if such breach
remains uncured for a period of sixty (60) calendar days after notice thereof by the County, the
County shall be entitled to any or all of the remedies described below:
a) If the County determines that the Declarants have taken and diligently, continually, and in good
faith continues corrective action and that the breach cannot be corrected within the 60-day cure
period, the County may, in its sole discretion, allow the Declarants such additional time as may
be reasonably necessary to cure the breach;
b) In the event of an uncured breach the County may:
i) demand return of all funds provided by the County to the project, plus interest at the
default rate described in the Loan Documents, and/or an amount attributable to the increase in
equity in the Project attributable to the infusion of any County Housing Funds for any purpose;
resort to any court paying jurisdiction of the subject matter for specific performance of this
Declaration, for an injunction against any violation of this Declaration, for an accounting, for the
appointment of a receiyer to take over and operate the Project in accordance with the terms of this
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Declaration, the Loan Documents, and program requirements, or for initiation of foreclosure
proceedings; or such other relief as may be appropriate, it being acknowledged by Declarants that
the beneficiaries of Declarants' obligations hereunder cannot be adequately compensated by
monetary damages in the event of Declarants' breach of this Declaration, because the
beneficiaries include the low-income families to be benefited by the funds invested by the County
to the Project.
ii) The County shall be entitled to reimbursement of reasonable attorneys' fees and all costs
incurred in any judicial action in which the County shall prevail.
iii) The County gm)/ require reasonable assurances of security for repayments required
pursuant to this section in the form of a guaranty or appropriate amendments, revisions, or
additions to the Loaf) Documents, or in the event that there are no Loan Documents by execution
and recording of a deed of trust in a form satisfactory to the County as Beneficiary.
c) The Declarants and the County each acknowledge that the primary purpose for requiring
compliance by the Declarants with the restrictions provided in this Declaration are to assure
compliance of the Prpjpct and the Declarants with the program requirements, AND BY REASON
THEREOF, THE fMCLARANT IN CONSIDERATION FOR RECEIVING COUNTY
HOUSING FUNDS FOR THIS PROJECT HEREBY AGREE AND CONSENT THAT THE
COUNTY AND Tlif LOW-INCOME TENANT(S) (WHETHER PROSPECTIVE, PRESENT
OR FORMER OCCUPANTS OF THE PROJECT) (OR EITHER OR ALL OF THEM) SHALL
BE ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION
TO ALL OTHER TTMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE
SPECIFIC PERFORMANCE BY THE DECLARANT OF ITS OBLIGATIONS UNDER THIS
DECLARATION IN ANY ARIZONA STATE COURT OF COMPETENT JURISDICTION, the
Declarants hereby further specifically acknowledging that the beneficiaries of the Declarants'
obligations hereunder cannot be adequately compensated by monetary damages in the event of
any default hereunder.
10. Representations, Covengnts and Warranties of Declarants. The Declarants hereby warrant and
covenant that the warran1les, covenants, and declaration of obligations and duties set forth herein may
be relied upon by the County and all persons interested in Project compliance under the program
requirements. In performing its duties and obligations hereunder, the County may rely upon
statements and certificates of the Declarants pertaining to occupancy of the Project. In addition, the
County may consult wit') counsel, and the authorization and protection in respect of any action taken
or suffered by the County hereunder in good faith and in conformity with the opinion of such counsel
shall be applicable to the County's reliance upon such opinion of counsel. The Declarants further
represent, covenant and Warrant to the County that:
a) The Declarant is: A.g.m. of Save the Family Foundation and its parent and/or affiliates.
i) Is a non-profit entity duly organized under the laws of the State of Arizona, and qualified
to transact business within the State of Arizona pursuant to either Title 10 or Title 29, Arizona
Revised Statutes;
ii) has the power and requisite authority to own its properties and assets as owned, where
owned, and to carry pn its business as now being conducted (and as now contemplated) by this
Declaration and the Loan Documents; and
iii) has the full legal right, power, and authority to execute and deliver this Declaration and
b) The execution and performance of this Declaration and the Loan Documents by the Declarant:
i) will not violate or, if applicable, have not violated any provision of law, rule or
regulation, or any order of any court or other governmental agency;
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ii) will not violate or, if applicable, have not violated any provision of any indenture,
declaration, mortgage, mortgage note or other instrument to which the Declarants are a party or
by which it or the Project is bound;
iii) will not result in the creation or imposition of any prohibited lien, charge or encumbrance
of any nature.
c) The Declarant will, ;:tt the time of execution and delivery of this Declaration, have good and
marketable title to the real property and improvements constituting the Project free and clear of
any lien or encumbrance (subject to the Permitted Encumbrances identified in the Loan
Documents).
d) There is presently nq action, suit or proceeding at law or in equity or by or before any
governmental instrumentality or other agency now pending, or, to the knowledge of the
Declarants, threatened against or affecting it, or any of its properties or rights, which, if adversely
determined, would materially impair the Declarants' rights to carry on business substantially as
now conducted (and as now contemplated) by this Declaration and the Loan Documents or which
would materially, adversely affect its financial condition. Neither the Declarant, nor their
principals, shareholders, managers, members nor general partners, as the case may be, have any
judgment entered against them which would, when recorded, constitute a lien against or
otherwise impair the security of the Project.
e) No actions will be taken by the Declarant which will in any way adversely affect the use of the
Project.
f) To the extent that the Project involves rehabilitation of existing residential rental units, relocation
of tenants complies with all the requirements of the Uniform Relocation Act.
The Project is in full compliance with the requirements of the Fair Housing Act Design
Standards.
h) Declarant has read 4n0 is familiar with the applicable provisions of the HOME Program and
relevant federal guidance and County Guidance that describe the obligations and duties of the
Declarant to acquire and/or rehabilitate, operate, and maintain the Project.
i) Release and Indemnification. The Declarant warrants, covenants and agrees that they have not
relied upon or sought any information from the County, its successors and/or assigns, its agents,
counsel or employees in conjunction with the application for, or award of funding for the Project.
In conjunction with the each Declarant's application for funding through the County, the
Declarant acknowledges and agrees for itself and on behalf of any of its partners, limited partners,
special limited partners, members, special members or any other constituent entity of the
Declarant, and the DPelarant's successors and assigns that it shall hereby release the County, its
agents, counsel and employees from any claim, loss, demand or judgment as a result of the
provision of funding of the Project or the recapture of such funding by HUD, including any
interest and penalties thereon; and the Declarant hereby further agrees for itself, and on behalf of
any of its partners, limited partners, special limited partners, members, special members or any
other constituent entity of Declarant, and its successors and assigns to indemnify the County, its
agents, counsel and employees from any claim, loss, demand or judgment, to include reasonable
attorney's fees in the event of the decision of HUD to recapture of funds provided by the County.
Furthermore, Declarant, and its successors and assigns to indemnify the County, its agents,
counsel and employees from any claim, loss, demand or judgment, to include reasonable
attorney's fees as a result of or arising out the ownership, operation, management or any other
activities undertaken ptirsuant to this Declaration.
11. Declarants' Obligations and Duties
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a) Each Declarant agrees that it will not knowingly take or permit to be taken any action which
would have the effect, either directly or indirectly, of subjecting the Declarant or the Project to
non-compliance with program requirements. Moreover, each Declarant agrees to take any lawful
action (including amendment of this Declaration as may be necessary in the opinion of the
County) to comply fully with pertinent law and with all applicable rules, rulings, policies,
procedures, regulations or other official statements promulgated or proposed by HUD from time
to time pertaining to each Declarant's obligations under the program regulations.
b) Each Declarant agrees that it will not cause or acquiesce in its voluntary or involuntary
dissolution or otherwise fail to correct within 90 days after legal notice thereof, any breach of,
violation of, or practice that is materially inconsistent with laws of the State of Arizona or other
jurisdiction in which Declarant is organized relating to the regulation and formation of business
entities, or the Declarant's Articles, Bylaws, or other such writing setting forth the formalities and
requirements of each Declarant's form of organization.
c) Each Declarant agrees not to discriminate on the basis of race, creed, color, sex, age, handicap,
marital status, or national origin in the leases for occupancy of the Project or in conjunction with
the employment or application for employment of any person or persons for the operation and
management of said frpject, except as provided in Attachment 3.
d) Religious Organizations. During the Affordability Period, the Project will not be provided for
rental or use to any primarily religious organizations, such as churches, for any activity including
secular activities. The Project must be used exclusively by the Declarant's entity for secular
purposes, available tp gll persons regardless of religious affiliation. In particular, there must be
no religious or membership criteria for tenants of the Project.
e) Affirmative Marketing. During the Affordability Period specified herein, each Declarant shall
comply with the Affirmative Marketing Procedures more fully described in Attachment 4.
f) As a condition of ocebpancy, the Declarant shall require each applicant for tenancy of a County
HOME assisted unit to certify in writing to the County that the person's sources and amount of
income declared for the purposes of program eligibility are true and correct. Existing tenants of
County HOME assisted units shall be required to certify the same to the County annually. In
addition, the Declarants shall require each applicant for tenancy to provide whatever other
information, documentation, or certifications deemed necessary by the County to verify the
tenant's eligibility for occupancy of a County HOME assisted unit.
During the term of tbis Declaration, each Declarant shall comply with all federal, state and local
laws, codes, ordinances, rules and regulations, conditions, and assurances, and shall keep and
maintain in effect at al) times any and all licenses, permits, notices, and certifications which may
be required with regard to the Project. Furthermore, each Declarant shall abide by all
requirements of its respective corporate form, its articles of organization and bylaws, and remain
at all times in good standing with the agencies having regulatory jurisdiction over it.
h) Each Declarant agrees that if it shall become aware of any situation, event or condition which
would result in noncompliance of the Project or the Declarant's compliance with this Declaration
or program requirements, then the Declarant shall promptly give written notice thereof to the
County.
i) Project Records
i) Each Declarant shall keep and maintain the Project Records described in 24 CFR
92.508(a)(3) and (7)(1)(A) (equal opportunity and fair housing records) and (7)(ii)(A)(affirmative
marketing process records). If the Declarant received funds as a Community Housing
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Development Organization, then each Declarant shall also keep and maintain the CHDO Records
described in 24 CFR 92.508 (a)(4).
ii) Period of Ropprd Retention: All records described in subparagraph (i) above plus all
pertinent documents, rooks, papers, accounts, reports, files, tenant lists, applications, leases,
waiting lists, income pxaminations, and other records relating to the project specified in this
Declaration or the Raffling Agreement shall be retained for five years the end of the affordability
period. Notwithstanding the foregoing, if any litigation, claim, negotiation, audit, or other action
has been started before the expiration of the Affordability Period, the records must be retained for
five years following completion of the action and resolution of all issues which arise from it, or
for five years following the end Affordability Period, whichever is later.
j Inspection and/or Audit of Records: Declarants shall make available at all reasonable times, for
) inspection, transcription, excerpting, examination, copying, and audit by the County, the State
Auditor General, HOD, the Comptroller General of the United States, or any of their
representatives and designees, all pertinent books, documents, papers, accounts, reports, files,
tenant lists, applications, leases, waiting lists, income examinations, and other records (hereinafter
referred to as "Records") relating to the project specified herein. Upon request by such inspecting
or auditing entity, a iegible copy of all such Records shall be produced by the Declarants at the
specified office of, thQ County, the State Auditor General, or at any other reasonable location.
The original of all such Records shall also be available and produced for inspection, copying, and
audit when needed to verify the authenticity of a copy.
k) The Declarants shall not Omolish any portion of the Project or substantially subtract from any real or
personal property comprising the Project; or permit the use of any residential rental unit for any
purpose other than rental housing during the term of this Declaration.
I) The Declarants shall not grant commercial leases or licenses relating to the Project (other than
commercial leases with respect to insubstantial portions of the Project on a square footage basis) or
permit the sale, transfer, conveyance or other encumbrance of the Project or any portion thereof
(except for leases of County HOME assisted units) during the effective term of this Declaration,
provided that this Declaration shall not apply to any encumbrance, conveyance or transfer in
conjunction with a sal, transfer or other conveyance of the Project that complies with the
requirements of the Loan Documents and this Declaration.
12. Casualty, Condemnation l and Eminent Domain. Subject to the written requirements of the Deed of
Trust of even date with thiS Declaration, and an agreement between a Lender and the County, if any,
the each Declarant represents, warrants and agrees that if the Project, or any portion thereof, shall be
damaged or destroyed or shall be condemned or acquired for public use, that the proceeds of any such
condemnation or acquisition shall be assigned in full and paid to the County as required by the Loan
Documents, who shall cause such proceeds to be used to repair and restore same to substantially the
same condition as existod prior to the event causing such damage or destruction, or to relieve the
condemnation, and thereafter operate the Project in accordance with the terms of the Loan Documents
and this Declaration. Provided, however, that if repair or restoration of the Project is not practicable,
the Declarants shall not be obligated to repair or restore the Project, and an award of damages under
this paragraph up to the amount of the unpaid principal and accrued interest of the Obligation Secured
described in the Loan Documents may be retained by the County and any remaining balance shall be
paid to Declarants. The county shall be a party to any agreement relating to the use of condemnation
proceeds or insurance proceeds from damage to the Project to repair and restore the Project. The
County may, at the County's option, appeal from any such award in the name of Declarants.
13. Covenants Run with the Land; Successors Bound Thereby
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a) Upon execution and delivery by the Declarants, each Declarant shall cause this Declaration and
all amendments and c4hibits hereto to be recorded and filed in the official records of the county
recorder's office in the county in which this Project is located and, if applicable, with the
recording office of the appropriate Indian tribe if the Project is located on tribal land, and pay all
fees and charges incurred in conjunction with recording of this Declaration and all addenda or
amendments thereto. Upon recording, each Declarant shall immediately transmit or cause to be
sent directly from the recorder's office to the County an executed original of the recorded
Declaration showing the date, book and page number of recording. Where pertinent, the County
may require Declarants to furnish a condition of title report for the Project prior to or after
recordation of this Declaration.
b) Each Declarant intends, declares and covenants, on behalf of itself and all future Declarants and
operators of the Projeot and land upon which the Project is constructed that, during the term of
this Declaration, all of the covenants and restrictions set forth in this Declaration regulating and
restricting the use, occupancy and transfer of the Project: (i) shall be and are covenants running
with the Project, encumbering the Project and land upon which the Project sits for the term of this
Declaration, and are binding upon the Declarants' successors in title and all subsequent
Declarants and operators of the Project and the land upon which the Project sits; (ii) are not
merely personal covonants of each Declarant; and, (iii) shall bind each Declarant (and the benefits
shall inure to the County and any past, present, or prospective tenant of a County HOME assisted
unit) and its and their respective successors and assigns during the term of this Declaration.
c) Each Declarant hereby agrees that any and all requirements of the laws of the State of Arizona to
be satisfied in order for the provisions of this Declaration to constitute deed restrictions and
covenants running with the land shall be deemed to be satisfied in full, and that any requirements
or privileges of estate or title are intended to be satisfied hereby, or in the alternative, that an
equitable servitude has been created to ensure that these restrictions will run with the land. For
the longer of the period this credit is claimed or the term of this Declaration, each and every
contract, deed or other instrument hereinafter executed conveying the Project or any portion
thereof shall expressly provide that such conveyance is subject to this Declaration, provided,
however, that the covenants contained herein shall survive and be effective regardless of whether
such contract, deed, pr other instrument hereafter executed conveying the Project or any portion
thereof provides that such conveyance is subject to this Declaration.
d) Each Declarant further covenants and agrees to obtain the consent of any prior recorded lien
holder on the Project to this Declaration and the recording thereof, and such consent shall be a
condition precedent to the execution of this Declaration.
14. Subordination. Except for the Permitted Encumbrances identified in the Loan Documents or an Inter
-creditor and Subordination Agreement or similar agreement executed by and between the County
and a Lender, each Declarant warrants that it has not and will not execute any other agreement, lien or
security interest, or otherwise become a party to such an agreement, lien or security interest with
provisions contradictory to, or in opposition to, the provisions of this Declaration, and that in any
event, the requirements of this Declaration are paramount and controlling as to the rights and
obligations herein set forth and supersede the requirements and conflicts contained in any other
agreement. In the event of a conflict between the provisions of this Declaration and the Loan
Documents, the provisions of the Loan Documents shall control.
15. Effect of Other Restrictive Covenants. In the event that the Project is subject to declarations of
restrictive covenants relating to other governmental sources of funding, then the more restrictive
requirements shall apply. Upon the expiration or termination of any such declaration during the term
of this Declaration, the Affordability Period and other requirements of this Declaration shall continue
to apply to any County HOME assisted unit.
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16. Amendment. This Declaration may be amended with the prior written approval of the County to
correct factual errors eoptained herein or to reflect changes in pertinent law, and program
requirements. No amendment to this Declaration may be made without the prior written approval of
the County. Each Declarant hereby expressly agrees to enter into all amendments hereto which, in
the opinion of the County's legal counsel, are reasonably necessary or desirable to correct factual
errors or for maintaining compliance with program requirements.
17. Severability. The invalidity of any clause, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
18. Notices. All notices to be given pursuant to this Declaration shall be in writing and shall be deemed
given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the
addresses set forth below, or to such other place as a party may from time to time designate in
writing.
To the County: Amy Jacobson, Assistant Director
Maricopa County Human Services Dept.
234 N. Central Ave. Ste. 300
Phoenix, AZ 85004
Attention: Community Development Assistant Director
To the Declarant: Jacki Taylor,:
A.R.M. of Save the Family
125 E. University
Mesa, AZ 85201
The County, and the Declarant, may, by notice given hereunder, designate any further or different
addresses to which subsequent notices; certificates or other communications shall be sent.
20. Governing Law. This Declaration shall be governed by the laws of the State of Arizona and, where
applicable, the laws of the United States of America. In accordance with Arizona law, the County
and State of Arizona may cancel this Declaration without penalty or further obligation under the
provisions of A.R.S. § 3p-511. The parties further agree to use arbitration to the extent required by
A.R.S. § 12-1518.
21. Venue. The Declarant cqnsent to venue in the Arizona Superior Court for Maricopa County for any
legal action arising under this Declaration.
22. Survival of Obligations. The obligations of the Declarants as set forth herein and in the Application
shall survive the disbursement of the funding that is the subject of this Declaration, which shall not be
deemed to terminate or merge with the distribution of funds or termination of the Funding
Agreement. Notwithstanding termination of the Funding Agreement pursuant to the terms thereof or
otherwise, the program requirements identified in the Funding Agreement that are applicable during
the period of operation of* Project shall be enforceable through this Declaration.
23. [Rider Language if any
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IN WITNESS WHEREOF, each Declarant has caused this Declaration to be signed by its respective duly
authorized representative, as of the day and year first above written, such Declaration being
acknowledged by the Beneficiary, below.
BY MARICOPA COUNTY:
BY DECLARANT:
Chairman, Board of Supervisors
Jacki Taylor, Chief Executive Officer
A.R.M. of Save the Family
DATE
DATE
APPROVED AS TO
FORM:
Deputy County Attorney DATE
Page 27 of 55

A.R.M. of Save the Family Foundation of Arizona
Maricopa County HOME Agreement
STATE OF
) ss
County of
On this the day of , 2016, before me, a Notary Public, personally
appeared Clint L. Hickman, Chairman of the Maricopa County Board of Supervisors, known to me or
satisfactorily proven to be thp person whose name is subscribed to this instrument and acknowledged that
he executed the same. If this person's name is subscribed in a representative County, it is for the
principal named and in the County indicated.
Notary Expiration Date Signature of the Notary Public for Declarants
[STAMP/SEAL]
STATE OF
) ss
County of
On this the day of , 2016, before me, a Notary Public, personally
appeared Jackie Taylor, CEO of ARM Save the Family, known to me or satisfactorily proven to be the
person whose name is subscribed to this instrument and acknowledged that she executed the same. If this
person's name is subscribed in a representative County, it is for the principal named and in the County
indicated.
Notary Expiration Date Signature of the Notary Public for Declarants
[STAMP/SEAL]
Page 28 of 55

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT B
Attachment 1: Affirmative Marketing Procedures
All correspondence, notices, and advertisements related to the County HOME funds shall contain either
the Equal Housing Opportunity logo or slogan.
Projects assisted with County HOME funds must comply with the following procedures for the
Affordability Period (depending on the source of program funds):
1. Declarant's advertising vacant units must include the Equal Housing Opportunity logo or
statement. Advertising media must include general audience and minority-owned newspapers, radio,
television, brochures, leaflets, or may involve simply a sign in a window.
2. The Declarant shall implement special outreach efforts to solicit applications for vacant units
from protected persons in the housing market who are least likely to apply for the housing assisted
with County HOME funds, Special outreach efforts should be designed to notify potential applicants
regardless of existing neipborhood racial or ethnic patterns, location of housing in the metropolitan
area, price, or other factors, and welcome them to apply and have the opportunity to rent.
3. The Declarant shall use community organizations, places of worship, employment centers, fair
housing groups, housing Qounseling agencies, social service centers, or medical service centers as
resources for this outreach.
4. The Declarants must maintain a file containing all marketing efforts (i.e. copies of newspaper ads,
memos of phone calls, copies of letters, etc.) and the records to assess the results of these actions, and
make said documents available for inspection by the County.
5. The Declarant shall maintain a listing of all tenants residing in each unit at the time of application
submittal through the end of the compliance period.
The County will assess the affirmative marketing efforts of the Declarant by comparing predetermined
occupancy goals (based upon the area from which potential tenants will be drawn) to actual occupancy
data that the Declarants are required to maintain. Outreach efforts of the part of the Declarants will be
evaluated by reviewing marketing efforts.
The County will assess the qfforts of the Declarant receiving County Housing Funds during the rent-up
period and marketing of the units by use of a compliance certification or personal monitoring visit to the
project according to the County's monitoring schedule.
Where the Declarants fail to follow the affirmative marketing requirements, corrective actions shall
include extensive outreach effqrts to appropriate contacts to achieve occupancy goals, or other actions the
County may deem necessary.
Each unit of general local goyernment that subgrants the administration of this program must adopt
affirmative marketing procedures that meet the requirement in paragraphs (a) and (b) of 24 CFR 92.351.
Page 29 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT C: PAYMENT PROCEDURES
Reimbursements will be proviqed as set forth in Section 5 of the Agreement. A.R.M. of Save the Family
must submit written requests for all payments to the County's Housing and Community Development
Department. Upon receipt, the designated Community Revitalization Specialist will review the request
and all supporting documentation. Once approved, the County will process payment within thirty (30)
days.
A.R.M. of Save the Family will, at a minimum, submit the below supporting documentation with each
payment request (claim). Should a particular claim require additional documentation, the County reserves
the right to request additional reasonable information/documentation from A.R.M. of Save the Family.
• Required documentation for work completed depending on the claim completed; see Exhibit C,
Attachment I.
• Status update of the project along with photos showing the progress of the construction.
• Match Log Form ; see Exhibit C, Attachment 2
• Reimbursement Reqne$t Form; see Exhibit C, Attachment 3
• Documentation of matching funds, including volunteer hours and services received for match
funding
• Request for Payment from subcontractor(s)
• Subcontractor Invoices
• Cancelled checks or fFT's for all receipts submitted
• A.R.M. of Save the Family' inspection of construction/rehab: documentation of the inspection
during billing cycle
The County reserves the right to delay processing of reimbursements under this Agreement until all
required documents and back,up information is submitted to the County.
Page 30 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
FXHIBIT C: PAYMENT PROCEDURES
Attachment 1: Additional Documentation
Re9uired Documentation for Work Completed
1. HOME Rental Set-up and Completion Form — see Exhibit C, Attachment 4 (Must be Filed with
First Claim)
2. Proof that A.R.M. of Save the Family Checked the Excluded Parties List for Debarred
Contractors — A.R.M, of Save the Family must check all contractors and subcontractors who may
work on the project prior to any signed agreement(s) to perform the work.
(https://www.sam.gov/portal/public/SAM/#1)_(Must be Filed with First Claim)
3. Contractor Documents — bonding, insurance, contracts, licensing, etc. (Must be Filed with First
Claim)
4. Contractor/Subcontractor Proof of Insurance, including Workers' Compensation Insurance (Must
be Filed with First Claim)
5. Lead-Based Paint Inspection / Abatement Report, if properties were built prior to 1978 (Must be
Filed with First Claim)
6. Lead and Asbestos Abatement Completion Report, if applicable (Must be Filed with Final Claim)
7. Building Permits, if applicable (Must be Filed with First Claim)
8. Notice to Proceed (Mtit be Filed with First Claim)
9. Section 3 Report coMpleted by Contractor - see Exhibit C, Attachment 5 (All contractors and
subcontractors must complete this form for the A.R.M. of Save the Family Project.)
10. MBE/WBE Report cprppleted by Contractor —see Exhibit C, Attachment 6 (All contractors and
subcontractors must complete this form that work on the project.)
11. Warranties form - signed by Contractor (Must be Filed with Final Claim)
12. Final Inspection Approval and Certificate of Occupancy (Must be Filed with Final Claim)
13. UPCS Inspections (II49st be Filed with Final Claim)
14. Certification of completion of work from Contractor (Must be Filed with Final Claim)
15. Acceptance of work form (Must be Filed with Final Claim)
Page 31 of 55

55 of
Foundation Agreement 32
NOTE: Match Available Page
Family HOME '
the County of Match
Save Amount
of Maricopa TD Applied
ARM match
25''A) All
Applied
Ivlatch sources.
Application of -federal
Amount Expenditure expenses. Date:
PROCEDURES Form Match i non of
Log No. from
Match HOME Project is Match reimbursement
PAYMENT 2: of the
C: Attachment Date Expenditure and of
EXHIBIT accurate submittal
Amount Match is to
ITD Of Match prior
Sources) of Funds County
Amount Match HOME the
Non-Federal by
Certification Source of approved
(from and Ciedit representation
11 Match 2017 Credits -ofMatth be shall
County Funds — Description this Signature
Maricopa 2016 Match that contributions
HOME FY Date Received certify
I

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT C: PAYMENT PROCEDURES
Attachment 3: Payment Request Form
Maricopa HOME Consortium Subrecipient Contract REQUEST FOR REBIBURSENTENT
FY: I Reimbursement it:
MARICOPA COUNTY HUMAN SERVICES DEPT REQUEST FOR REIMBURSEMENT SUMMARY PAGE 1 OF 2
Subrecipient Name Date
Contract No Reporting Category _
Subrecipient Addres; Contract Amount $
Contact Person Contract Balance -
Phone Email Contract Start
County Vendorli Contract End
Itemized Payment Statement (Page 2 of 2) must accompany this form. See Page 2 for Draw Types and Activity Codes. Actual
receipts, invoices, bank statements pr copies of such items MUST be included t process this request.
Draw Activity 1015 PI Receipted IDIS Actvity Amount Amount Remaining Final Draw
Type Code Act No. Address in IDIS Setup Amt. ($) Expended Requested Balance Activity YIN
- $ $
- $ - $ _
$ -
$
$
$ _
$
$ I
T .
$
$ I
$ I
$
.
Total $ $
Recipient Authorized Signature Date Title
Reoipient Authorized Signatory certilies'that all a ctivities undertaken by the contractor with funds provided under this contract have been carried
out in accordance with the contract. Attic§ wiring information if not preuious I, submitted. Attach alternatemaifingaddress if necessary.
Performance Reports Current El Not Current El
Match Report Current 'CI Not Current 1:1 For MCHSD Use
MCHSD Sr. Grants Acct Approval Only
MCFISD Pm ect oordinator Approval IDate MCHSO Assistant Director Approval IDate
This document is available in Excel format.
Page 33 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
, REQUEST FOR REIMBURGENTNIT - ITEMIZED PAYMENT STATEMENT PAGE 2 OF 2
Subrecipient *VALUE! Date: 10/191:m
ContraotYear ID Contract Period (StartiEnd) 11011900 11011900 Reimbursement *: 0
ID15 Aotioity Number Praid (or Payable) to Date Invoice Cheek I Amount of Request
Paid PO
NM/ .413CCOnit,40Mg 51005 NJ 14?...7 X257.00C! 017
_
Total
DBAS:LIYEE5:- ACTIVITyJFtNITIflNS r.nDFS-
Entitlement Funds EN New Constcuption NC
CHDO Reserve Funds CR Owner Ocoupied Housing Rehabilitation SFR
CHDO Operating Fund CO Homebuyef Financial Assistance HFA
Administration AD Aoquisition Only ACQ
Program Income PI Acquisition & Rehab- Homebuyer AQR-He
Acquisition & Rehab - Rental AQR-R
Acquisition & New Construction - Homebuyer AQ-NC-H
Acquisition ex New Construction - Rental AQ-NC-R
Tenant Based Rental Assistance TBRA
Administration ADMIN
Page 34 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT C: PAYMENT PROCEDURES
Attachment 4: Rental Set Up and Completion Form
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Rental Set Up and Completion Form
HOME Program (For single and multi-address activities)
Check the appropriate boo: Name and Phone Number of Person Completng Form:
El Original Submission 0 Change Owner's Address
Ownership Transfer 0 Revision
Set Up Activity;
A. General Information.
1. Name of Participant: 2. IDIS Actvity ID Number: 3 Activity Name .
B. CHDO Questions.
I. Is funding limited to CHDO Operating (CO; or CHDO 2. Will the activity be funded with CR (v/N)?
Capacity Building (CC)? (YIN): lit Yes. STOP. DC If yes. CHDO Acting As' (enter code)
NOT FILL OUT 'HIS FORM.)
(1) Owner (2) Sponsor (3) Developer
3. WII Initial funding be a CHDO Site Control and/or 4. Is the activity going forward? (YIN)
Seed Money Loan (YIN)? (If Y, fill cut the rest of the form. If N. only the cost infamation Is needed.)
(If Y, answer Item 4.)
C. Objective and Outcome.
1. Objective (enter code): 2. Outcome (enter code):
(1) Create suitab e living environments (1) Availability/accessibility
(2) Provide decent affordable housing (2) Affordability
(3) Create economic opportunities (3) Sustainabllity
D. Special Characteristics, 2. Will this activity be carried out
1. Activity Location Type 'Y' next '(p any that apply: Brownfield redevelopment area by a faith-based organization (Y/h)?
(1) CDBG Strategy Area (5)
(2) Local target area (6) _Conversion of nonresidential to
(3) Presidentially declared inajpr disaster area residential use
(4) Historic preservation aroa (7) Colonia (For AZ, CA, NM. TX)
E. Activity Information,
1. Ac:ivihr Type (check one): 2. Property Street Address.
(I) Rehab Only (4) Acqu)shien a Rehab
(2) New Corstruction Only (5) Acquisition & New
(3) Acquisition Only Cengtruction
3. City: [ erState: 5. Zip Code: 6 County Code: Activity Estimates:
7. HOME Units: 8 HOME Cost
9. Multi-Address (Y/N)?
F. Property Owner or Developer Information. (Only applicable it this is a multi-address activity)
I. Property Owner or Developer Typp (nter coder 2. 'Property Owner or "Developers Name:
(1) Individual (4) Not-for-Profit
(2) Partnership (5) Publicly Owned 3. Street Address:
(3) Corporation 19) Other
4. City: 5. State: 6. Zip Code:
Revised (8/06)
Page I of 7
Page 35 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
G. Activity Information. (If thin Is a multi-address activity, make copies of this form so that cost and beneficiary information is reported for each
1. Activity Type (enter code): ' 2. Property Type (enter code): 3. FHA Insured (Y/N) ?
(1) Rehab Only (4) Accwisition & Rehab (1) Condominium (4) Apartment
(2) New Construction Only (5) Acquisition & New (2) Cooperative (5) Other
(3) Acquisition Only Construction (3) SRO
4. Mixed Use (Y/N) ? 5. Mixed Income (Y/N) ? 6. Completed Units:
Total Number: HOME-assisted Units:
H. Property Address. (For MU ti address activities 4. State: 5. Zip Code: 6: County code:
1. Building Name: 2, Property Street Address: 3. City:
I. Units Total HOME-assisted
1. Of the Units Completed, thp number:
Meeting Energy Star standards:
504-accessible:
Designated for persons with HIV/AIDS:
Of those, the number for chronically homeless:
Designated for the homeless:
Of those, the number for thp chronically homeless:
J. Period of Affordability. If you are imposing a period of affordability that is longer than the regulatory minimum, enter the total
years (HOME minimum + additional) of affordability.
Pi-imposed period of affordability: years
K. Costs.
1. HOME Funds (Including Program Income)
(1) Amortized Loan
(2) Grant
(3) Deferred Payment Loa a
(4) Other
(5) CHDO Loan
Total HOME Funds
2. Public Funds
(1) Other Federal Funds
(2) State/Local Funds
(3) Tax Exempt Bond Proceeds
Total Public Funds
3. Private Funds
(1) Private Loans
(2) Owner Cash Contribution
(3) Private Grants
Total Private Funds
4. Low-Income Housing Tax Crecyt Proceeds
5. Activity Total or Total This Address
Revised (8/06)
Page 2 of 7
Page 36 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
L. Household Characteristiqs. (Use codes Indicated below)
Household
Unit # # of Occupant Total Monthly %Med Hispanic? Race Size Type Assistance Type
Bdrrns Rent YIN
*of Bdrms Occupant J-tousehold %Pt" Med Hotrsehold Race
0 —SRO/Efficiency 1 —Tenant 1 — 0 to 30% 11 - km-Re
1— 1 bedroom 2 —Owner 2 —30+ to 50% 12 —Deck or African American
2 — 2 bedrooms — Vacant Unit 3— 50+ to 60% 13 H —American —Asian Indian or Alaska Native
3-3 bedrooms 4 — 600 to 80% 15— Native Hawaan or Other Pecitc Islander
4 — 4 bedrooms IS—pane/can Indian or Alaska Native 8 WnIte
5-5 or more bedrooms 17 —Asian &Mite
18 —Black or African Arnencan Wnde
19 —American Indian or Alaska Native 8 Rods or African American
20 —Other Multi Racial
Household Moe ftousehold Type Assistance Typ e
1— 1 person —Single, nor-steady 1— Section 8
2 — 2 persons 2 -Elderly 2— HOME TBRA
3-3 persons — Single parent 3 —Other federal, state,
4 — 4 persons 4 -Two parents 01 /0004 assistance
5 — 5 persons — Other 4 — no assistance
5-6 persons
7-7 persons
8-8 or more persons
Revised (8/06)
Page 3017
Page 37 of 55

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
Instructions for Completing the Rental Set-up and Completion Report HOME Program
Read the instructions for each item carefully before completing the D. Special Characteristics
form. The purpose of this report Is to ossIst with the collection of 1. Activity Location. Type °Y° next to any that apply. IDIS will
Information to be entered into IDIS. default the answer to "N° if an answer Is not typed in the field.
(1) COBS strategy area Is defined as HUD-approved
Applicability. This report is to be completed for each homebuyer neighborhood or Community Revitalization strategy Area
activity assisted with HOME funds. (NRSA or CRSA), identified in the grantee's
Consolidated/Annual Action Plan under Section 91.215(e) or
Timing. This report form Is used to sotup an activity In IDIS so that Section 91.315(e)(2).
funds may be drawn down and to complete the activity so that the (2) Local target area Is defined as a locally designated non-
HOME Program reporting requirements are met, CDBG strategy area targeted for assistance.
(3) Presidentially declared major strategy area is defined as an
A. General information. area declared a major disaster under subchapter IV of the
1. Name of Participant. Enter the name of the participating Robert T. Stafford Disaster Relief and Emergency
jurisdiction or the agency adminisiertng the homeowner rehab (4) Assistance Historic Preservation Act. Area Is defined as an area designated
2. IDIS activity. Activity ID Number. Enter the activity number assigned by for historic preservation by local, state, or federal officials.
IDIS. (5) Brownfield redevelopment area is defined as an abandoned,
3. Activity Name. Enter the name that the grantee or sub-grantee idle, or underused property where expansion or
has designated to the activity, , redevelopment is complicated by real or potential
environmental contamination,
B. CHDO Questions. (Only appliceple if the activity is being carried (6) Conversion from non-residential or residential use is self
out by a CHDO.) explanatory. An example is converting an old warehouse
1. Is funding limited to CHDO Operating (CO) or CHDO capacity into rental units or condominiums.
Building (CC)? This report does not apply to CO or CC (7) Colonials defined as a rural community or neighborhood
activities, in IDIS, fund and draw ler selecting CO/CC on the located within 150 miles of the U.S.-Mexican border that
HOME menu. lacks adequate infrastructure and frequently also lacks other
2. Will the activity be funded with CR (YIN)? If yes, basic seMces. This field only applies to activities located in
CHDO Acting as: (Enter code) the states of Arizona, California, New Mexico, and Texas.
(1) Owner 2. Faith-Based Organization. Wil this activity be carried out by a
(2) Sponsor faith-based organization (YIN)? Enter 's(' if Ills known or if the
(3) Developer organization declares itself to be a faith-based organization. If
3. WIII initial funding be a CHDO Site Control and/or Seed not, enter N. Note: IDIS will enter the default answer of °N" if an
Money Loan (YIN)? WY, answer 4) answer is not typed in the field.
4. lathe activity going forward? 'Mier funding and drawing CL,
answer "Y' to proceed to set up a Rental activity or "N° to report E. Activity Activity information Type. Enter code to indicate the type of activity.
costs and complete the activity. ' 1. (1) Rehab Only. A HOME-assisted rehabilitation activity that did
C. Objective and Outcome. not Include acquisition of real property.
Objective. Enter the code of the objective that best describes the (2) New Construction Only. Any activity that involved: (a) the
purpose of the activity. If a code is nqt entered In IDIS, the system will addition of units outside the existing walls of the structure
default the answer to "2 — Decent affordable housing. and (b) the construction of a new residential unit(s).
1. Suitable living environments. Applies to activities that benefit (3) Acquisition Only. Acquisition of a structure that received
communities, families, or individuels by addressing Issues In their certificate of occupancy at least 13 months before
living environment. acquisition, which did not require rehabilitation and which is
2. Decent affordable housing. Applies to housing activities that being used to provide affordable housing.
meet individual family or community needs, This objective (4) Acquisition & Rehab. A HOME-assisted rehabilitation
should not be used for activities where housing Is an element of a activity, which Included the acquisition of real property.
larger effort. (5) Acquisition & New Construction. A HOME-assisted new
3. Creating economic opportunities, Applies to activities related construction activity, which Included the acquisition of real
to economic development, commercial revitalization, and Job property. This includes acquisition of a structure that has
received an initial certificate of occupancy within a one-year
creation. period prior to acquisition.
Outcome. Enter code of the outcome that best describes the benefits 2. Property Street Address. Self explanatory. For multi address
resulting from the activity. If a code 11 nqj entered in ID'S, the system activities enter a general description of the project location.
will default the answer to "7 — Affordahility. 3. 4. City. State. Self Self explanatory. explanatory.
1. Availability/accessibility. Applies to activities that make 5. Zip code. Self explanatory.
services, infrastructure, housing, an0 shelter available and 6. County code. Enter the county name or code. IDIS provides
accessible. Note that accessibility does not refer only to physical help to select the appropriate code.
2. bafflers. Affordability. Applies to activities that provide affordability in a 7. Activity Estimates. HOME Units. Enter the estimated total
variety of ways. It can Include the creation or maintenance of number of units (upon completion) that will receive HOME
affordable housing, basic infrastrticture hookups, or services such 8. Activity assistance. Estimates. HOME Cost. Enter the total amount of
as transportation or day care. HOME funds requested for the activity.
3. Sustainability. Applies to activities that promote livable or viable 9. Multi-Address (Y/N)? If the activity consists of more than one
communities and neighborhoods by providing services or by home, enter °Y° so that costs and beneficiary information can be
removing slums or blighted areas, reported for each address at completion.
Revised (8/06)
Page 4 of 7
Page 38 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
10. Loan Guarantee? Y/N. Enter Yes pr No to indicate whether this Note: IDIS will default the answers to zero if units are not
activity is supported by a loan guarantee, entered in these fields.
F. Property Owner/Developer Information. Of the units completed, Total and HOME-Assisted
I. Property Owner/Developer Type. Enter code to indicate the Designated for Persons with HIV/AIDS. Enter the number of
type of property owner/developer: completed units that have been designated for persons with
(1) individual HIV/AIDS and the number of HOME-assisted units designated for
(2) Partnership persons with HIV/AIDS.
(3) (4) Corporation Not-for-Profit Of those, the number for the chronically homeless. Enter the
(5) Publicly Owned number of completed units and HOME-assisted units that have
(6) Other been designated for chronically homeless persons with HIV/AIDS.
2. Property Owner's/Developer's Nerne. Enter the name of the Chronically homeless is defined below.
3., 4., property 5., and owner 6. Owners/Developerle or developer. Street Address, City, State, Of the Units Completed, Total and HOME-Assisted
and Zip Code. Self-explanatory. designated for the homeless. Of the total number of rental units
in the activity, enter the number designated for the homeless and
Complete Rental Activity the number of completed HOME-Assisted units designated for the
G. Activity Information. homeless. Homeless is defined as (1) an individuals or family
1, Activity Type. Only If the acttvity type has changed from set up who lacks fixed, regular, and adequate nighttime residence; Cf (2)
in E. 1, enter the revised completion activity type in the box. An individual or family who has a primary nighttime residence that
2. Property Type. Enter code to indicate the type of property Is: (a) a supervised publicly or privately operated shelter
assisted: designed to provide temporary living accommodations (including
(1) Condominium welfare hotels, congregate shelters, and transitional housing for
(2) Cooperative the mentally Ill, (b) an institution that provides a temporary
(3) SRO residence for individuals intended to be institutionalized; or (c) a
(4) Apartment public or private place not designed for, or ordinarily used as, a
(5) Other regular sleeping accommodation for human beings.
3. FHA Insured, (YIN)? (For single address activities.) Enter Y Of those, the number designated for the chronlcally
for yes or N for no to indicate whether the property's mortgage is homeless. Of the number of units designated for the homeless,
4. Insured Mixed Use. by FHA. (YIN)? indicate °Y", if the activity is designated in Pad enter the number designated for the chronically homeless. A
for uses other than residential but where residential living space chronically homeless person Is defined as an unaccompanied
must constitute at least 51 percent of the activity space. Indicate homeless Individual with a disabling condition who has either: (1)
N, if the activity is not mixed-use, been continuously homeless for a year or more, or (2) has had at
5. Mixed Income. (Y/N)? Indicate 1r, If less than 100 percent of least four episodes of homelessness in the past three years. A
the activity's housing units qualify as affordable housing as disabling condition Is defined as a diagnosable substance use
defined in section 92.252 of the HOME regulations. Indicate N, if disorder, serious mental illness, developmental disability, or
the activity is not mixed-income. chronic physical illness or disability. For the purpose of
6. Completed Units: Total Number: HOME Assisted: Enter the determining chronically homelessness, a homeless person Is an
total number of completed units rinq the total number of HOME unaccompanied individual sleeping in a place not meant for
assisted units. human habitation or in an emergency homeless shelter.
H. Property Address. (For multi af(dress activities.) Note: IDIS wit default to zero if units are not entered in these
1. , 2., 3., 4., 5., and 6. Building name, Property's Street fields.
Address, City, State, Zip Code purl County Code. Self- J. Period of Affordability. If you are Imposing a period of
explanatory. affordability that is longer than the regulatory minimum, enter the
Note: Each unit or apartment is not to be entered as a separate total years (HOME minimum + additional) of affordability. P.1-
address. A multi address activity would have more than one Imposed period of affordability: years.
building.
K. Costs.
Units. Include at HOME funds used for the activity and all other funds
Of the units completed, the number: (public and private). Do not double count. If private funds are
Total and Home-Assisted Meeting Energy Star Standards. used for construction financing and those funds are later replaced
Enter the total number of completer( units that meet Energy Star by permanent financing, do not report both. Report all HOME
standards and the number of completed HOME-Assisted units funds expended on the activity. (Note: Federal regulations
that meet Energy Star standards, specifically prohibit paying back HOME funds with HOME
funds.) For funds other than HOME, to the extent a choice must
Energy Star applies to substantial rehabilitation. It Is a system for be made to avoid double counting, report permanent financing
achieving and verifying a level of pyilding performance with rather than construction financing. The total amount of HOME
respect to energy efficiency. The performance level is certified by funds reported in the block titled °Total HOME funds (Total Items
third party contractors. See wwq.eneroystar.clov for more (1) must equal the total amount disbursed through IDIS for this
Information. activity.
Total and HOME Assisted 504 accessible. Enter the total 1. HOME Funds (Including Program Income).
number of completed units and completed HOME assisted units (1) Amortized Loan. Enter the amount of HOME funds
that are 504 accessible. provided for this activity in the form of an amortized loan. If
there are multiple loans, enter the interest rate and term of
the largest loan.
Revised (8106)
Page 5 of 7
Page 39 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
(2) Grant. Enter the amount of HOME funds provided without 1. 0-30 Percent of Area Median income refers to a household
any repayment requirements, (Note: A grant may be used whose annual income is at or below 30 percent of the median
to reduce the principal amount borrowed, a principal family income for the area, as determined by HUD with
reduction payment, or the effective interest rate, an interest adjustments for smaller and larger families.
subsidy payment, on a privately originated loan.) 2. 30+-50 Percent of Area Median Income refers to a household
(3) Deferred Payment Loan (pm.). Enter the amount of whose annual income exceeds 30 percent and does not exceed
HOME funds provided through loans where payment of 50 percent of the median family income for the area, as
principal and interest is deferred until a future time and enter determined by HUD with adjustments for smaller and larger
the interest rate and amortization period, if any. A DPL is 3. families, 50+-60 Percent of Area Median Income refers to a household
some times when called the a propertyls conditional gold, grant or (e.g., is forgiven repayment if the owner Is whose annual income exceeds 50 percent and does not exceed
required does not sell the property for a specified number of years or 60 percent of the median family income for the area, as
repayment of principal and interest starts after the bank loan determined by HUD with adjustments for smaller and larger
(4) Is Other. repaid.) Enter the total amount of HOME funds provided for 4. families. 60+-80 Percent of Area Median income refers to a household
subsidy funding that is other than the type of loan/grant whose annual Income exceeds 60 percent and does not exceed
assistance identified in the above items listed In (1) through 80 percent of the median family income for the area, as
determined by HUD with adjustments for smaller and larger
(5) (3) CHDO , Loan. Enter the amount of HOME funds provided as families.
Total a HOME CHDO Funds. loan for Enter the actldly. the total of items (1) through (5) as Hispanic? Y/N. For each occupied residential unit, enter the ethnicity
the amount of HOME funds expended. for the head of household as either "Y° for Hispanic or Latino or 'N° If
2. Public Funds. the head of household Is not Hispanic nor Latino. Hispanic or Latino
(1) Other Federal Funds. Exclude any HOME funds race is defined as a person of Cuban, Mexican, Puerto Rican, South or
expended. Central American, other Spanish culture or origin, regardless of race.
(2) State/Local Funds. The term, 'Spanish origin," can be used in addition to 'Hispanic or
(3) Tax Exempt Bond Proceeds. Report funds used for Latino.'
Total development Public Funds. costs Enter only. the total of Items (1) through (3) as Race of Head of Household. For each occupied residential unit,
the amount of Public Funds expanded. enter one code only based on the following definitions:
11. White. A person having origins in any of the original peoples of
3. Private (1) Private Funds. Loans. Enter the amount of all of the costs that Europe, North Africa or the Middle East.
have been paid with funds obtained from private financial 12. Black/African American. A person having origins in any of the
Institutions, such as banks, sayings and loans, and credit black racial groups of Africa. Terms such as 'Haitian' or 'Negro'
unions, and enter the Interest rote and amortization period of can be used in addition to "Black or African American.'
the loan. If there are multiple loans, enter the interest rate 13. Aston. A person having origins in any of the original peoples of
and term of the largest loan, (po not double count.) the Far East, Southeast Asia, or the Indian subcontinent
(2) Owner Cash Contribution, Enter the amount of all cash Including, for example, Cambodia, China, India, Japan, Korea,
contributions provided by the project owner. Malaysia, Pakistan, the Philippine islands, Thailand and Vietnam.
(3) Private Grants. Enter the amount of cash contributions 14. American Indian/Alaska Native. A person having origins in any
provided by private organizetirs, foundations, donors, etc. of the original peoples of North and South America (Including
Total Private Funds. Enter the Intel of items (1) through (3) as Central America), and who maintains affiliation or community
the amount of Private Funds Tax Credit expended. froceeds. Enter the total 15. attachment. Native Hawaiian/Other Pacific islander. A person having
4. Low-Income amount of syndicated Housing Low income Housing Tax Credits prodded. origins In any of the original people of Hawaii, Guam, Samoa or
5. Activity Total or Total this Address. Enter the sum of totals for other American Pacific Indian/Alaska Islands. Native & White. A person having
HOME funds, Public funds, Private funds, and Low-Income 16. these multiple race heritages as defined above.
Housing Tax Credit Proceeds. 17. Asian & White. A person having these multiple race heritages as
Beneficiaries. defined above.
Complete one line for the head of houaehold of each residential unit 18, Black/African American & White. A person having these
that occupies a HOME-assisted rental unit. multiple race Indian/Alaska heritages as Native defined & above, Black or African American.
19, American
Unit Number, Enter the unit number of each unit that will receive A person having these multiple race heritages as defined above.
20. Other Multi Racial. For reporting indhticlual responses that are
HOME-Assistance. not included in any of the other categories listed above.
Number of Bedrooms. Enter 0 for a single room occupancy (SRO) Household Size. Enter the appropriate number of persons In the
unit or for en efficiency unit, 1 for 1 bedroom, 2 for 2 bedrooms, 3 for 3 household: 1, 2, 3, 4, 5, 6, 7, or 8 or more persons (for households of
bedrooms, 4 for 4 bedrooms, and 5 for 5 bedrooms. more than 8, enter 8).
Occupant. Enter 1 if the unit is occupied by a tenant, 2 if Ills owner- Household Type. For each residential unit, enter one code only
occupied, Note: No more and 9 than if Ills one vacant. HOME-Assiated rental unit can be owner based on the following definitions:
1. Single, Non-elderly. One-person household In which the person
occupied. is not elderly.
Total Rent. For owners, enter 0. For tenants, enter the total monthly 2. Elderly. One or two person household with a person at least 62
rent (tenant contribution plus subsidy amount). 3. years Single of Parent. age. AsIngle parent household with a dependent child
Percent of Area Median Income. For each occupied residential unit, or children (18 years old or younger).
enter one code only based on the following definitions:
Revised (8/06)
Page 6 of 7
Page 40 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
4. Two Parents. A two-parent household with a dependent child or
children (18 years old or younger).
5. Other. My household not included in the above 4 definitions,
including two or more unrelated individuals.
Assistance Type. For rented units, enter one code only to indicate
the type of aSsistance, deny, being provided to the tenant.
1. Section 8. Tenants receiving Section 8 assistance through the
Section 8 Certificate Program under 24 CFR part 882 or the
Section 8 Housing Voucher Program under 24 CFR part 887.
2. HOME TBRA. Tenants receivind HOME tenant-based rental
assistance.
3. Other federal, state or local assistance. Tenants receiving
rental assistance through other federal, state or local rental
assistance programs.
4. No assistance. Self-explanatory,
Revised (8/06)
Page 7 of 7
Page 41 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT C: PAYMENT PROCEDURES
Attachment 5: Section 3 Report
Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043
Economic Opportunities for and Urban Development (exp. 11/3012010)
Low — and Very Low-Income persons Office of Fair Housing
And Equal Opportunity HUD Held Cam
Section ba* of rage for Put,fic Reporting Burden statement
1. Reciptert Name & Adtthss (street, city:state, ztpt 2 Federal Identification_ (grant no.) 3 Total Amount of Award
4. Coked. Person 5. Phone. (tnotude area rnde)
6. Length of Graht 7. Reporting Poled,
H. Date Report Submktod 9 Program Code, (Use separate sheet 10 Program Name
Cr each 060,31020 1000)
Part I; Employment and Traintp0" Columns 8, C and F are manda ory fields. Include New HI es In E &F)
A e C D E F
Number of Numb, of New % of Aggfecuta Numtter fit, of Total Staff Hours Number of Sootten 3
Job Category New hfl re s Ores that era of Staff Hun of New Hires for Section 3 EmPloyee5 1100ee0
Soo 3 Residents (hater° Soo. 3 Reshfor4s aDi Trainees
Professionals
Technicians
Office/Clerical
Construction by Trade (List)
Trade
Trade
Trade
Trade
I
Trade
Other (List)
Total
* PrOgram Coils 3 te PubltoAndfan Houslng 4 =Homeless Assistance =CE43,3 State Admhistered
=Flehlolo Subsby A =Devoloprnerd, 5 =HOME 9 =Other CD Programs
2 = Section 202/811 B = Operation H =HOME State Admhistered 10 = Other' Housing Programs
C =MockernUation 7 = CDBG Entalement
Page 1 of 2 form HUD 00002 (60001)
Ref 24 CFR 130
Page 42 of 55

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
Part II: Contracts Awarded
I. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project
S. Total dollar amount of conbacts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contraqls:
A. Total dollar amount all non-construction contracts awarded on the project/activity
S. Total dollar amount of non-construction contracts awarded to Section 3 businesses S
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Sectien 4 businesses receiving non-construction contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low-and very low-Income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low-Income residents through: local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) In which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated In a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered In the metropolitan area in which the Section 3 covered project is located.
Other; describe below,
Public reporting for this colleetion of Information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information.
This agency may not collect this Information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing anq Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low- and very-low inqpnle persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. Thq information will be used by the Department to monitor: program recipients' compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
Information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the How!, qf 1992. An assurance of confidentiality Is not applicable to this form, The Privacy Act of 1974 and OMB
Circular A-108 are not applicable. The repotting requirements do not contain sensitive questions. Data Is cumulative; personal identifying
information is not included.
Page 2 of 2 foo HUD Ref 60002111/2010) 24 CFR 135
Page 43 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
Form HUD-60002, Section 4 Spmmary Report, Economic Opportunities for Low- and Very Low-Income Persons,
Instructions: This form is to be us ed to report annual 8. Program Code: Enter the appropriate program code as listed at
accomplishments regarding employment and other economic the bottom of the page.
opportunities provided to low- and very low-income persons under 9. Program Name: Enter the name of HUD Program corresponding
Section 3 of the Housing and Urhan Development Act oil968. The with the 'Program Code' In number 8.
Section 3 regulations apply to a9y public and Indian housing
programs that receive: (1) dev oprnent assistance pursuant to Part I: Employment and Training Opportunities
Section 6 of the U.S. Housing Act of 1937; (2) operating assistance ColuMn A: Contains various job categories. Professionals are
pursuant to Section 9 of the U.S ; Hqusing Act of 1937; or (3) defined as people who have special knowledge 01 00 occupation (i.e.
modernization grants pursuant to Section 14 of the U.S. Housing Act supervisors, architects, surveyors, planners, and computer
of 1937 and to recipients of housing and community development programmers). For construction positions, list each trade and provide
assistance In excess of 0:romp expended for: (1) housing data In columns B through F for each trade where persons were
rehabilitation (rncluding reduction and abatement of lead-based paint employed. The category of 'Other" includes occupations such as
hazards); (2) housing construction: pr (3) other public construction service workers.
projects; and to contracts and subrontracts In excess of $100,000 Column B: (Mandatory Field) Enter the number of new hires for
awarded In connection with the $es ion-3-covered activity. each category of workers identified in Column A in connection with
Form HUD-60002 has three pprts, which are to be completed for this award. New hire refers toe person who Is not on the contractor's
all programs covered by Section &. part I relates to employment or recipient's payroll for employment at the time of selection for the
and training. The recipient has the option to determine numerical Section 3 covered award or at the time of receipt of Section 3 covered
employment/training goals either on the basis of the number of hours assistance.
worked by new hires (columns 9, Ct, E and F). Part II of the form Column C: (Mandatory Field) Enter the number of Section 3 new
relates to contracting, and Pad eummatizes recipients' efforts to hires for each category of workers identified in Column A in
comply with Section 3. fl connection with this award. Section 3 new hire refers to a Section 3
Recipients or contractors eubject to Section 3 requirements must resident who is not ell the contractor's or recipient's payroll for
maintain appropriate documentation to establish that HUD financial employment at the time of selection for the Section 3 covered awarder
assistance for housing and commu nity development pro grams were at the time of receipt of Section 3 covered assistance.
directed toward low- and very low-income persons.' A recipient of column D: Enter the percentage of all the staff hours of new hires
Section 3 covered assistance shell submit one copy of this report to (Section 3 residents) in connection with this award.
HUD Headquarters, Office of Fair Housing and Equal Opportunity. Column E: Enter the percentage of the total staff hours worked for
Where the program providing assistance requires an annual Section 3 employees and trainees (including new hires) connected
performance report, this Section 4 rppart is to be submitted at the with this award. Include staff hours for part-time and full-time
same time the program performence report is submitted. Where an positions.
annual Performance report is no fl required, this Section 3 report is to be Column F: (Mandatory Field) Enter the number of Section 3
submitted by January 10 and, It e project ends before December 31, residents that were trained kt connection with this award.
within 10 days of prciect comple ion, Only Pdme Recipients are Part Contract Opportunities
required to report to HUD, The report must include Block 1: Construction Contracts
accomplishments of all recipients and their Section 3 covered Item A: Enter the total dollar amount of all contracts awarded on the
contractors and subcontractors. ' project/program.
HUD Field Office: Enter the Field Office name. Item B: Enter the total dollar amount of contracts connected with this
1. Recipient: Enter the namq pnd address of the recipient project/program that were awarded to Section 3 businesses.
submitting this report. item C: Enter the percentage of the total dollar amount of contracts
2. Federal Identification; Enter the number that appears on the connected with this project/program awarded to Section 3 businesses.
award form (with dashes). The award may be a grant, Item D: Enter the number of Section 3 businesses receiving awards.
cooperative agreement or cont ract. Block 2: Non.Construction Contracts
3. Dollar Amount of Award: qfitqr the dollar amount, rounded to the (tern A: Enter the total dollar amount of all contracts awarded on the
nearest dollar, received by the recipient. project/program.
4 & 6. Contact Person/Phone; Enter the name and telephone number Item B: Enter the total dollar amount of contracts connected with this
of the person with knowlechge of the award and the recipient's project awarded to Section 3 businesses.
implementation of Section &. ' Item C: Enter the percentage of the total dollar amount of contracts
6. Reporting Period: Incicate th e time period (months and year) connected with this project/program awarded to Section 3 businesses.
this report covers. Item D: Enter the number of Section 3 businesses receiving awards.
7. Date Report Submitted: Enter, the appropriate date. Part III: Summary of Efforts — Self -explanatory
Submit one (1) copy of this repod t q the HUD Headquarters Office of The Secretary may establish income ceilings hi gher or lower than 80 percent
Fair Housing and Equal Opportunity, at the same time the of the median for the area on the basis of the Secretary's fincings such that
performance raped is submitted to the program office. The Section 3 variations are necessary because of prevailing levels of construction costs
report is submitted by January ip. Include only contracts executed or unusually high- or low-Income families. Very fotv-income persons mean
during the period specified in item 8, PHAs/IHAs are to report all law-Income families (including single persons) whose incomes do not
contracts/subcontracts. exceed 50 percent of the mecian family income area, as determined by the
' The terms low-Income persornr 4Ind very low-income persons' have Secretary with adjustments or smaller and larger families, except that the
the same meanings given the tens In section 3 (b) (2) of the United Secretary may establish income ceHings higher or lower than 50 percent of
States Housing Act of 1937. Lotrincome persons mean families the mecian for the area on the basis of the Secretary's findings that such
(including single persons) whoseinsomes do not exceed 80 percent of variations are necessary because of unusually high or low family incomes.
the mecian income for the area, es Oetermined by the Secretary, with
adjustments for smaller and larger fernifies, except that
Page, fon HUD 60002 (110010)
Rol 24 CFR 115
Page 44 of 55

55
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A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT D: AFFORDABILITY REQUIREMENTS
Properties assisted with HOME funds must be affordable to low-income purchasers or renters. The
period of affordability is determined by the type of property being occupied and the amount of HOME
funds invested. If the property is new rental construction, the period of affordability is twenty (20) years.
If the property is an existing structure, the period of affordability is five (5) years if $15,000 or less of
HOME money is invested; ten (10) years for $15,000 to $40,000; and fifteen (15) years for amounts over
$40,000.
Period of Affordability
The Period of Affordability for the A.R.M. of Save the Family Project funded by this Agreement
will be fifteen (15) years. The Period of Affordability will begin on the date that the County HOME
assisted unit Completion Report is entered into HUD's Integrated and Disbursement Information
System (IDIS and will end fifteen (15) years from that date.
Rental Properties:
24 CFR. § 92.252 and § 92.253 apply to any part of the Work that includes construction or rehabilitation
of property for rental housing; the affordability requirements in 24 CFR. § 92.252 must be enforced by
deed restriction. These provisions establish rent limitations and restrictions that are applicable
throughout the fifteen (15) year Period of Affordability. Current fair market rents, maximum subsidy
limits, and utility deductions are addressed. For further information on annual updates to these limits,
refer to Exhibit A, Attachment 10 of this Agreement. A.R.M. of Save the Family must obtain all
required tenant income information and submit it to the County on an annual basis in accordance with 24
CFR. § 92.203(a)(1)(i) and this Agreement. A.R.M. of Save the Family will ensure that all leases for the
properties comply with the requirements of 24 CFR. § 92.253-Tenant Protections and Selection. For the
purposes of this Agreement, A.R.M. of Save the Family and the County have agreed that all three (3)
County HOME assisted units will be occupied by households whose income is at or below 60% of the
area median income throughout the Period of Affordability.
Page 46 of 55

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT E: ANNUAL RENTAL COMPLIANCE REPORT
Rent and Occupancy Report
Property:
Address: Date:
Total Units: Reporting Period:
Total HOME Units:
Low HOME Rent Units:
High HOME Rent Units:
1 n 4 0
,..X & 1 1 ! li .!-/ g B-- 'i' ; .;
..... .q , g gi i. ,:i 7, , 'g' g i5 g 3 S 2
,3 4 e
I. • r, • 6 l '
lb lb 3b 46 b R3CP of HH Code 'd • Nat...HI...1 - V 0 ai , F a: ', 61^1e, 21-0taer 7.1 a t.Ra43
High HOM E Ran limit: 11.2:-- ,a 6 -A rear:e• tra ar ,Alasad Nat.. 8 ),*), fa
Low HOMERent Limit! 2- Pa:.%. ,A ,A 6.Aza , LW.ta
Utility Allowance: d- As In ..3. a dek,Aar,an Amereae E. S'i,-...
!4 • Ams.:3- ea .a,A. ,aeve 031:ve 03 , Aor.5o, ...i'3, ,A 34-:,3 t4V,',4LB`4 ,,,,,,,,4?:3 A
This document is available in an Excel format.
Page 47 of 55

A.R.M of Save the Family Foundation
Maricopa County HOME Agreement
Exhibit F
Attachment 1: Affirmative Marketing Policy & Procedures
Policy
The public, property owners, and potential tenants will be informed about affirmative marketing aspects
of the HOME program, its regulations and the goal of attracting persons from all racial, ethnic, and
gender groups in the housing market area to the available housing. This policy applies equally to all
recipients of HOME funds.
Purpose
The purpose of this policy is to establish a standard affirmative marketing procedure for HOME- assisted
housing containing five (5) or more housing units.
Procedure
A. Methods for informing the public, property owners, and potential tenants about the Maricopa
County's ("County") Affirmative Marketing Policy:
1. Unit occupants are subject to the Affirmative Marketing Procedures and the Tenant
Notification Procedures (outlined in the County's "Administrative Procedures for Provision
of Tenant Assistance under the Rental Rehabilitation Program") that are available upon
request.
2. A.R.M. of Save tilp Family will mention the HOME program, its regulations, and the goal of
attracting persons of all racial, ethnic, and gender groups in all articles and press releases
published in the Arizona Republic or other local newspapers, dealing with the program.
3. A.R.M. of Save the Family will inform property owners, tenants, and applicants about the
affirmative marketing aspects of the HOME Program upon initial contact, whether by
telephone, letter gr brochure. A.R.M. of Save the Family may also reach tenants and
applicants through articles in local newspapers, especially in the real estate section, and will
include information about affirmative marketing in such articles. A.R.M. of Save the Family
will include a statement about the affirmative marketing requirements of the program in all
brochures, letter other communications, sent to potential applicants for County HOME
assisted units.
B. Requirements and practices regarding affirmative marketing to be carried out by property owners:
1. A.R.M. of Save the Family will carry out affirmative marketing procedures in advertising
County HOME assisted units and attracting tenants of all racial, ethnic, and gender groups.
When advertising rental rehab units, A.R.M. of Save the Family will state in its ads that
Section 8 tenants are welcome in the units. County HOME assisted units to be occupied by
Section 8 vouchpr holders are governed by the County's Equal Opportunity Housing Plan
which is available upon request.
2. In addition to requiring the affirmation of the certification by A.R.M. of Save the Family in
Section 6 of the contractor Certifications attached as Exhibit G to the Agreement, the County
will provide a list of groups A.R.M. of Save the Family should contact when marketing the
availability of its units to persons least likely to apply. That list will include an appropriate
local newspaper such as the Arizona Republic, the Arizona Informant, or Mesa Tribune.
Page 48 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
A.R.M. of Save the Family will also list the HOME program and the County's Housing
Department.
C. The County will assist A.R.M. of Save the Family in its efforts to inform and solicit applications
from persons who are pot likely to apply to be tenants without special outreach. The County has
contacts in a number of public agencies that can be used as well as community gathering spots,
such as supermarkets, restaurants, senior centers, and laundromats, which often have bulletin
boards used to advertise apartment rentals. In addition, the County may use various media, such as
TV and radio public service spots, and local newspapers, to announce the program and availability
of units rehabilitated with HUD funding.
D. Affirmative Marketing Record-Keeping and Assessment:
1. The County will keep records on all program announcements, brochures distribution, articles
and radio/TV spots relating to the HOME Program, The County will ask persons calling to
inquire about the availability of County HOME assisted units how they first heard about the
program and whether they are aware of the Affirmative Marketing Policy.
2, A.R.M. of Save the Family will keep records on any advertising of the County HOME
assisted units, whether by ad in a newspaper, a posted notice, or a sign in the unit window, so
that the County may confirm compliance with this Affirmative Marketing Policy.
3. In addition, A.R,M. of Save the Family will provide information to the County on the lease
status of County HOME assisted units, so that the availability of the units for affirmative
marketing efforts is known.
4. A.R.M. of Save the Family will document and maintain a record throughout the Period of
Affordability the race, ethnicity and gender of the head of household of all tenants placed in a
County HOME assisted unit.
5. A.R.M. of Save the Family' failure to demonstrate good faith in the correction of a violation
of this Affirmative Marketing Policy may result in termination of this Agreement and
disqualification from future funding under the HOME program.
Page 49 of 55

A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
Exhibit F
Attachment 2: Minority and Women's Business Enterprise Policy & Procedures
The County complies with I-103's responsibilities under Executive Orders 11625, 12432 (concerning
Minority Business Enterprises) and 12138 (concerning Women's Business Enterprises), making efforts to
encourage the use of minority and women's business enterprises in connection with HOME-funded
activities. The purpose of this policy is to take affirmative steps to assure that small and minority
businesses, and women's business enterprises are used, when possible, as a source of supplies, equipment,
construction and service. A.R.M. of Save the Family will take the following affirmative steps:
1. Include qualified small and minority businesses, and women's business enterprises on solicitation
lists;
2. Assure that small and minority businesses, and women's business enterprises, are solicited
whenever they are potential sources, particularly for purchases of supplies and materials;
3. When economically feasible, divide total requirements into smaller tasks or quantities to permit
maximum participation by small and minority business, and women's business enterprises;
4. Where the requirement permits, establish delivery schedules, which encourage participation by
small and minority bnsiness, and women's business enterprises; and
5. If any subcontracts am to be let, require the prime contractor to take the affirmative steps in 1
through 4 above.
6. The County will take similar appropriate affirmative action in support of small and minority
businesses, and women's business enterprises.
Page 50 of 55

ARM of Save the Family Foundation
Maricopa County HOME Agreement
EXHIBIT G: CONTRACTOR CERTIFICATIONS
Section 1. 24 CFR. § 135.34 - SECTION 3 REQUIREMENTS. In this Section (1) A.R.M. of Save the
Family is referred to as the "contractor".
A. The work to be performed under this Agreement is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by Hup assistance or HUD-assisted projects covered by Section 3, will, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing,
B. The parties to the Agreement agree to comply with HUD's regulations in 24 CFR. Part 135,
which implement Section 3. As evidenced by their execution of the Agreement, the parties to
the Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice will describe the Section 3 preference, set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each, and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR. Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR, Part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR.
Part 135,
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR, Part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR. Part 135.
F. Noncompliance with HUD's regulations in 24 CFR. Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, sectioq 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450(e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
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A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
Section 2. Compliance witli Federal and State Immigration Laws
A. A.R.M. of Save the Family agrees to comply with the Immigration Reform and Control Act of
1986 (IRCA) in performance under this Agreement and to permit the County or its agents to
inspect personnel records to verify such compliance. A.R.M. of Save the Family will ensure and
keep appropriate records to demonstrate that all employees have a legal right to live and work in
the United States,
B. Under the provisions of A.R.S. § 41-4401, A.R.M. of Save the Family hereby warrants to the
County that the A.R.M, of Save the Family and each of its subcontractors ("Subcontractors") will
comply with, and arp contractually obligated to comply with, all Federal immigration laws and
regulations that relate to their employees and A.R.S. § 23-214(A) ("Contractor Immigration
Warranty").
C. A breach of the Contractor Immigration Warranty will constitute a material breach of this
Agreement and will subject the A.R.M. of Save the Family to penalties up to and including
termination of this Agreement at the sole discretion of the County.
D. The County retains the legal right to inspect the papers of any A.R.M. of Save the Family or
Subcontractor employee who works on this Agreement to ensure that the A.R.M. of Save the
Family or Subcontractor is complying with the Contractor Immigration Warranty. A.R.M. of
Save the Family agrees to assist the County in regard to any such inspections.
E. The County may, at its sole discretion, conduct random verification of the employment records of
A.R.M. of Save the family and any subcontractors to ensure compliance with the Contractor
Immigration Warranty, A.R.M. of Save the Family agrees to assist the County in regard to any
random verification performed.
F. Neither the A.R.M. of Save the Family nor any of the Subcontractors shall be deemed to have
materially breached the Contractor Immigration Warranty if A.R.M. of Save the Family or
Subcontractor establishes that it has complied with the employment verification provisions
prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-
Verify requirements prescribed by A.R.S. § 23-214, Subsection A.
Section 3. Drug -Free Worl(place Requirements. The certification set out below is a material
representation upon which reliance is placed by HUD in awarding the grant. If it is later determined that
A.R.M. of Save the Family knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Frpe Workplace Act, HUD, in addition to any other remedies available to the
Federal Government, may tal(e action authorized under the Drug-Free Workplace Act. A.R.M. of Save
the Family certifies that it will provide a drug-free workplace by doing all of the following:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the A.R.M. of Save the
Family's workplace and specifying the actions that will be taken against employees for violation
of such prohibition.
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A.R.M. of Save the Family Foundation
Marieopa County HOME Agreement
B. Establishing a drug-frep awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. A.R.M. of Save the Family's policy of maintaining a drug-free workplace;
1 Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (A).
D. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under die grant, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five (5) days after such conviction;
E. Notifying the U.S. Department of Housing and Urban Development within ten (10) days after
receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual
notice of such convictions;
F. Taking one of the following actions, within thirty (30) days of receiving notice under
subparagraph (D)(2), with respect to any employee who is so convicted:
1. Taking apprppriate personnel action against such an employee, up to and including
termination; pr
2. Requiring sqcti employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency.
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (A) through (F).
Section 4. Section 319 of Pnbiic Law 101-121. A.R.M. of Save the Family certifies, to the best of his or
her knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of A.R.M. of Save
the Family, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member
of Congress, in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any federal contract, grant, loan
or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer qr employee of Congress or an employee of a Member of Congress in
connection with this federal , contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. A.R.M. of Save the Family shall require that the language of this certification be included in the
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A.R.M. of Save the Family Foundation
Maricopa County HOME Agreement
award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts
under grants, loans and cooperative agreements) and that A.R.M. of Save the Family shall certify
and disclose accordingly.
D. This certification is 4 material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this trqnsaction imposed by 31 U.S.C. § 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Section 5. Minority and Women's Business Enterprise Policy (Region IX — San Francisco)
A. Pursuant to the County's responsibilities under Executive Order 11625, 12432 and 12138 and in
support of directives from the Secretary of HUD, Region IX has developed an affirmative action
policy to further full participation of minority and women-owned business enterprise
(MBE/WBE) in all federally funded programs, including: HOME Investment Partnerships
Program. Such affirrnive action and participation is specifically required under 2 CFR 200 et
seq. referenced in the applicable regulations for the above programs.
B. A.R.M. of Save the Family certifies that it will take affirmative steps to assure that small and
minority businesses 49cl women's business enterprises are utilized when possible as sources of
supplies, equipment, construction and services. Affirmative steps shall include the following:
1. Including quglified small and minority businesses on solicitation lists, e.g., solicitation of
bidding for construction, professional services or rehabilitation contracts.
2. Assuring that small and minority businesses are solicited whenever they are potential
sources, particplarly for purchase of supplies and materials.
3. When economically feasible, dividing total requirements into smaller tasks or quantities
so as to permit maximum small and minority business participation.
4. Where the requirement permits, establishing delivery schedules that will encourage
participation py small and minority business.
5. If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in 1 throngh 4 above.
C. A.R.M. of Save the Family shall take similar appropriate affirmative action in support of
women's business enterprises.
Section 6, Equal Employment and Affirmative Action Policy Statement; Policy of
Nondiscrimination
A. ARM. of Save the Family agrees to consider each applicant for employment on the basis of his
or her qualifications for the job and without regard to race, religion, sex, marital status, age or
national origin. Nor will A.R.M. of Save the Family discriminate against any employee or
applicant for employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified.
B. Every effort will be made by A.R.M. of Save the Family to ensure that appointments, promotions,
reclassifications, transfers, compensation, training, layoffs, terminations or any other type of
personnel actions are based on merit, fitness or other factors determined to be free of
discrimination.
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ARM of Save the Family Foundation
Maricopa County HOME Agreement
C. A.R.M. of Save the Family undertakes a program of Affirmative Action, to which good faith
efforts will be directed to continue to:
a. Determine the extent to which minorities and women are underutilized in major
categories and identify and eliminate the specific causes of such underutilization.
b. Identify and eliminate employment practices, which have an adverse impact on
minorities, females and other protected classes, and replace them with job related
practices.
c. Develop special recruitment efforts to locate qualified minority and female candidates in
order to help reduce underutilization.
d. Develop special recruitment efforts to locate qualified disabled candidates.
e. Establish monitoring systems which will assure effective operation of the affirmative
action program, achievement of its goals and means for modification of the plan as
needed.
D. A.R.M, of Save the Family agrees, to have or adopt a Policy of Nondiscrimination. Such Policy
shall state that A.R.M. of Save the Family does not discriminate in the admission or access to, or
treatment or employment in, its federally assisted programs or activities on the basis of race,
color, religion, sex, national origin, age, handicap or familial status.
By signing below, I acknowledge that I have read, understand, and agree to all of the provisions of
A.R.M. of Save the Family Certifications.
By: A.R.M. of Save the Family
(Described as "you" or "A.R.M. of Save the FAMILY"
throughout the Agreement)
By:
Jacki Taylor, Chief Executive Officer
Address: 125 E. University Drive
Mesa, AZ 85201
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