AMENDMENT 2 NSP DEV AGREEMENT AHI.DOCX
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AMENDMENT No. 2 TO THE DEVELOPER AGREEMENT WITH ARIZONA HOUSING, INC. FOR MANAGEMENT AND IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM ACTIVITY TITLE: PERMANENT SUPPORTIVE HOUSING AGENDA NO.: C-22-13-023-3-02 ACTIVITY NUMBER: 0111 ACTIVITY AMOUNT: $1,569,800 Amendment No. 2 The purpose of this Amendment No. 2, entered into by and between ARIZONA HOUSING, 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 Termination Date from July 31, 2013 to December 31, 2013; and to require 100% of new tenants to have incomes at or below 50% of Area Median at initial occupancy. 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 as amended with an effective date of October 20, 2011, Section III, STATEMENT OF WORK, Section 8, C., Performance Reporting – Goals: Scheduled Activity Completion Date, to be extended to December 31, 2013. Whereas, the DEVELOPER and the COUNTY hereby agree that DEVELOPER shall execute a contract for services prior to December 31, 2013 for a Cost Certification Audit. Such Cost Certification Audit shall be completed upon expenditure of all project funding sources identified by the DEVELOPER per this agreement as amended. DEVELOPER shall submit to COUNTY a copy of the completed audit, and Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement as amended with an effective date of October 20, 2011, Section III, STATEMENT OF WORK, Section 8 Performance Measurement System Information, B., Logic Model – Performance Indicators, Outputs/Participation to read 90 units =< 30% AMI, 90 units =< 40% AMI, 117 units =<50% AMI, and Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement with an effective date of October 20, 2011, Section III, STATEMENT OF WORK, Section 10, Financial Information to include $3,757,800 in Other Resources for Rehabilitation for a Total Activity Budget of $5,327,600, and Whereas, the DEVELOPER and the COUNTY hereby agree to amend the Developer Agreement with an effective date of October 20, 2011, Section III, STATEMENT OF WORK, Section 11, Source and Amount of Other Resources to include Federal Home Loan Bank Affordable Housing Program, $1,000,000 and City of Phoenix, Energize Phoenix grant funds, $1,188,000. 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. T:\CommDev\Urban County\NSP\Campaige Place\209 WJS\Developer Agreement\Amendment 1 NSP Dev Agreement AHI.docx 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