AMENDMENT 2 NSP DEV AGREEMENT CCCS.DOCX
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AMENDMENT #2 TO THE DEVELOPER AGREEMENT WITH CATHOLIC CHARITIES COMMUNITY SERVICES, INC. FOR MANAGEMENT AND IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM ACTIVITY TITLE: PERMANENT SUPPORTIVE HOUSING AGENDA NO.: C-22-12-031-3-02 ACTIVITY NUMBER: 0111 ACTIVITY AMOUNT: $4,145,393 Amendment No. 2 The purpose of this Amendment No. 2, entered into by and between CATHOLIC CHARITIES COMMUNITY SERVICES, INC., hereinafter referred to as "DEVELOPER", and the COUNTY OF MARICOPA, hereinafter referred to as "COUNTY" to be administered by the Board of Supervisors of Maricopa County through its contract administrator, the Human Services Department (MCHSD), on behalf of the COUNTY, is to change the Contract Amount from $4,045,393to $4,145,393. This AMENDMENT is to be fully incorporated and made a part of this Developer Agreement. Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement with an effective date of October 20, 2011, Section II, Special Provisions, Section 2, AGREEMENT AMOUNT: The COUNTY shall provide financial assistance, subject to proper supporting documentation and availability of NSP funds, in an amount not to exceed four million, one hundred and forty-five thousand, three hundred and ninety- three dollars ($4,145,393); AND Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement with an effective date of October 20, 2011, Section 6, NET PROJECT PROCEEDS: Proceeds acquired and accumulated by the CONTRACTOR net of operating expenses, reserve deposits, and debt service to be shared annually between the CONTRACTOR and the COUNTY based upon the following proportion: 30% to the COUNTY and 70% to be retained by the contractor subsequent to the CONTRACTOR’S annual audit, except that the COUNTY shall forgive Net Project Proceeds if the total sources and uses of funds for acquisition and rehabilitation of the subject project exceed $4,145,393 by at least 20%; AND Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement with an effective date of October 20, 2011, Section III, Work Statement, Section 10. Line Item Budget Summary, as follows: T:\CommDev\Urban County\NSP\Campaige Place\209 WJS\Developer Agreement\Amendment 1 NSP Dev Agreement AHI.docx Acquisition $ 1,408,802.00 Rehabilitation $ 2,159,852.00 Architectural $ 188,279.00 Construction Fees & Solar $ 62,130.00 Other project costs $ 66,800.00 Developer fees & Relocation $ 259,530.00 Total MC NSP3 Funds $ 4,145,393.00 Other resources $ 1,282,857.00 This Amendment may be executed in three or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instruments. IN WITNESS WHEREOF, the parties have executed this Agreement on the year and day first written below. DEVELOPER MARICOPA COUNTY (Signature) Chairperson of the Board Title Date Before me, the undersigned Notary Public, this ____ day of _________, 2012 ____________________________ personally appeared as the DEVELOPER and executed the foregoing instrument for the purpose therein contained by signing their names hereto. ATTEST: Notary Public Clerk of the Board of Supervisors Date Date Deputy County Attorney Date T:\CommDev\Urban County\NSP\Campaige Place\209 WJS\Developer Agreement\Amendment 1 NSP Dev Agreement AHI.docx