AMENDMENT 1 RE AFFORDABLE HOUSING WITH AVONDALE AND NEWTOWN COMMUNITY DEVELOPMENT CORPORATION.PDF

Contract No. C-22-24-095-X-01 Amendment No. 1
AMENDMENT NO. 1 TO THE
AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
AND
CITY OF AVONDALE
I. Maricopa County (“County”) administered by its Human Services Department, Newtown
Community Development a Community Housing Development Organization (hereinafter
referred to as the “CHDO”), and the City of Avondale (hereinafter referred to as the
“Administrator”) entered into an Agreement on or about April 16, 2024. The purpose of this
Agreement is to provide the CHDO with funding to acquire land from the City of Avondale
and construct three (3) single-family homes. The new homes will be included in Newtown’s
Community Land Trust Program (CLT) program designated for low- to moderate income
households. The County has provided the CHDO and the Administrator with PY23/FY24
U.S. Department of Housing and Urban Development (HUD) HOME Investment
Partnerships Program (HOME) funds under ALN 14.239 in the amount of $796,326. The
Agreement term is March 27, 2024, through December 31, 2026. The CHDO, the
Administrator, and the County are collectively referred to in this Agreement as the “Parties”
and individually as a “Party.”
II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows:
A. Extend the term of the Agreement from December 31, 2026, through December
31, 2027.
B. Address the following changes in Section 1 (General Provisions):
1. Revise Paragraph 2.0 (Notices) to update the Maricopa County
Department address:
For Maricopa County:
Representative: Jamie Macfarlane, Assistant Director, Housing and
Community Development Division
Phone: 602-506-5813
E-mail: Jamie.Macfarlane@maricopa.gov
Address: 234 North Central Avenue, Third Floor, Phoenix, Arizona 85004
*2233 W. Dunlap Avenue, 4th Floor
Phoenix, AZ 85021 (effective 11/9/26)
2. Revise and replace Paragraph 6.0 (Administrative Change Orders) in its
entirety:
6.0 ADMINISTRATIVE CHANGE ORDERS AND ADDENDA
6.1 The Chair of the Board of Supervisors is authorized, upon
the recommendation of the Human Services Department
Director and Legal Counsel, to review and execute
administrative changes to the Agreement on behalf of the

Contract No. C-22-24-095-X-01 Amendment No. 1
County through Administrative Change Orders.
Administrative Change Orders will be effective upon
execution by the Parties.
6.1.1 Administrative Change Orders shall address any of the
following changes:
6.1.1.1 Modifications to the project timeline if the last day of
the project timeline is within the Agreement term;
6.1.1.2 Modifications to Budget line items if the Agreement
amount remains unchanged;
6.1.1.3 Modifications required by federal, state, or County
regulations, ordinances, or policies; and/or;
6.1.1.4 Modifications to Administrative requirements such
as changes in reporting periods, frequency of
reports, or report formats required by federal, state,
and local regulations, policies, or requirements.
6.1.2 Addenda: The Parties shall submit to the Human Services
Department an Addendum when a property has been
identified and will be acquired by the Parties. The Assistant
Director for Housing and Community Development is
authorized upon the recommendation of the Human
Services Department Director and Legal Counsel to review
and execute Addenda to the Agreement that are the subject
of Section 3 – Statement of Work of this Agreement, on
behalf of the County. The Addenda will be effective upon
execution by the Parties, and which shall thereby be
incorporated into the Agreement.
6.1.2.1 An Addendum shall be integrated into the
Agreement.
6.1.2.2 A sample Addendum is attached as Attachment 1.
3. Revise Subparagraph 52.0 (Immigration Laws and Regulations) by
replacing Subparagraph 52.2 (Arizona Law) with the following:
52.2 Arizona Law
52.2.1 The CHDO and the Administrator warrant that they
will comply with A.R.S. § 41-4401 (E-Verify
requirements) and further acknowledge:
52.2.1.1 That CHDO and the Administrator and
their Subcontractors and Vendors, if
any, warrant their compliance with all
federal immigration laws and
regulations that relate to their
employees and their compliance with
A.R.S. § 23-214;
52.2.1.2 A breach of a warranty under Section
52.2.1 above shall be deemed a material
breach of this Agreement and the County
may immediately terminate this
Agreement without liability; and
52.2.1.3 The County and any contracting
government entities retain the legal right
to inspect the papers and employment

Contract No. C-22-24-095-X-01 Amendment No. 1
records of any employees of the CHDO
and Administrator and their
Subcontractors and Vendors who work
on this Agreement to ensure that the
CHDO and the Administrator and their
Subcontractors and Vendors are
complying with the warranty provided
under Section 52.2.1 above and that the
CHDO and the Administrator agree to
make all papers and employment
records of such employee(s) available
during normal working hours in order to
facilitate such an inspection.
4. Revise Paragraph 54.0 (Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion) by replacing Subparagraph 54.3 with
the following:
54.3 Should the CHDO and the Administrator not be able to provide this
Certification, an explanation as to why shall be immediately
provided to the County, Attention: Housing and Community
Development Assistant Director, 234 North Central Avenue, Third
Floor, Phoenix, Arizona 85004. *2233 W. Dunlap Avenue, 4th Floor
Phoenix, AZ 85021 (effective 11/9/26)
5. Add the following required language to the Agreement:
61.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the CHDO and the Administrator engage in for-profit activity and has
10 or more employees, and if this Agreement has a value of $100,000
or more, then the Subrecipient certifies it is not currently engaged in
and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.
C. Address the following changes in Section 2 (Special Provisions):
1. Revise Paragraph 18. (Program Completion) by replacing Subparagraph
18.2 with the following:
18.2 The disposition of any property purchased during the term of this
Agreement shall follow Section 1 (General Provisions), Paragraph
51.0 (Property).
2. Revise Paragraph 19 (Failure To Make Progress) by replacing
Subparagraph 19.1.1 with the following:
19.1.1 The CHDO and the Administrator fail to complete an
Environmental Review pursuant to Section 2 (Special Provision)
Paragraph 13.0 (Environmental Review Conditions) within one

Contract No. C-22-24-095-X-01 Amendment No. 1
hundred and eighty (180) calendar days after the date this
Agreement is executed;
3. Revise and replace Paragraph 21.0 (Violence Against Women
Reauthorization Act of 2013) in its entirety with the following:
21.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF
2022
The CHDO and the Administrator must comply with VAWA 2022,
which applies to all victims of domestic violence, dating violence,
sexual assault, and stalking, regardless of sex, gender identity, or
sexual orientation, and which must be applied consistent with all
nondiscrimination and fair housing requirements. The CHDO must
give a Notice of Occupancy Rights to tenants and applicants to
ensure they are aware of their rights under VAWA, maintain an
emergency transfer plan, and document incidents of domestic
violence, dating violence, sexual assault, and stalking.
D. Revise and replace Section 3 (Work Statement), (HOME Investment Partnerships
Program, Program Year 2023), in its entirety with the attached herein.
III. Section II above contains all the changes to the Agreement made by this Amendment No.
1. The Agreement is amended to incorporate the changes contained in this Amendment
No. 1. All other terms and conditions of the Agreement remain in full force and effect as
executed by the Parties. This Amendment No. 1 is subject to and incorporates the
provisions of A.R.S. § 38-511.
IV. The Parties have authorized the undersigned to execute this Amendment No. 1 on their
behalf, and it shall be effective upon approval and signature by both Parties.
[Signatures are contained on following page]

Contract No. C-22-24-095-X-01 Amendment No. 1
IN WITNESS THEREOF, the Parties have signed this Amendment No.1:
APPROVED BY: APPROVED BY:
MARICOPA COUNTY CITY OF AVONDALE (Administrator)
_
Kate Brophy McGee Date Ron Corbin Date
Chair, Board of Supervisors City Manager
Attested to: Attested to:
_
Juanita Garza Date Marcella Sarmiento Date
Clerk, Board of Supervisors City Clerk
IN ACCORDANCE WITH A.R.S. §§ 11-201, IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-251, AND 11-952, THIS AMENDMENT 11-952, THIS AMENDMENT NO.1 HAS BEEN
NO.1 HAS BEEN REVIEWED BY THE REVIEWED BY THE UNDERSIGNED
UNDERSIGNED ATTORNEY WHO HAS ATTORNEY WHO HAS DETERMINED THIS
DETERMINED THIS AMENDMENT NO.1 IS AMENDMENT NO.1 IS PROPER IN FORM
PROPER IN FORM AND WITHIN THE AND WITHIN THE POWERS AND
POWERS AND AUTHORITY GRANTED TO AUTHORITY GRANTED TO THE CITY OF
MARICOPA COUNTY UNDER THE LAWS OF AVONDALE UNDER THE LAWS OF THE
THE STATE OF ARIZONA. STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy County Attorney Date Attorney for the City of Avondale Date
APPROVED BY:
NEWTOWN COMMUNITY DEVELOPMENT,
an Arizona nonprofit corporation (CHDO)
Stephanie Brewer Date
Executive Director

Contract No. C-22-24-095-X-01 Amendment No. 1
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2023
CHDO: Newtown CDC
CHDO UEI: K5HLK49NLDH8
Administrator: City of Avondale, Arizona
Administrator UEI: GDTNM5BLN9Y4
FAIN: M-23-DC-04-0227
Federal Award Date: 8/15/2023
Funding: $796,326.00 ($796,326.00 PY23 CR)
Activity Type: Acquisition and new construction Single-Family Residential
Activity Name: Legacy Avondale Infill Housing Redevelopment (“Project”)
1.0 FUNDING
CHDO 2023 HOME MATCH OTHER TOTAL
FUNDS RESOURCES BUDGET
$796,326 $200,000 (WISH) $407,000 (NSP PI)
$3,153,326
$1,750,000 (ARPA)
2.0 SCOPE OF WORK
Newtown CDC (CHDO), acting in the capacity of a Developer, will acquire land and
construct three (3) single-family homes in Avondale, AZ. The Legacy Avondale Infill
Housing Redevelopment Project-Phase 3-consists of a total of six (6) newly constructed,
single-family detached dwellings on City owned land. The site is in a Qualified Census
Tract at 305 and 309 East Hill Drive, Avondale, Arizona 85323. The two lots will be
consolidated and re-platted into six lots to accommodate the new homes. The land will be
sold to Newtown at closing. The new homes will be included in Newtown’s Community
Land Trust Program (CLT) program and remain affordable per 24 CFR 92. Funds will be
paid to the CHDO only after the CHDO has met the commitment requirements as set forth
in 24 CFR 92.2 (1) and (2) respectively and is prepared to commence construction within
twelve months.
The family or individual acquiring the housing must qualify as low-income, as defined in
24 C.F.R. § 5.609, and maintain the housing as the principal residence throughout the
period of affordability, which shall be for a period of 15 years. Recapture provisions will be
used to ensure compliance with the period of affordability required by HUD at 24 C.F.R. §
92.254 of the HOME regulations.
Upon sale to an eligible buyer, a Declaration of Affirmative Land Use Restrictions (LURA)
will be executed to secure the Period of Affordability and require the housing to be used
as the buyer’s principal residence, as required by HUD. The LURA will include a due on
sale clause to ensure that funds are recaptured if the property is sold during the
Affordability Period.

Contract No. C-22-24-095-X-01 Amendment No. 1
3.0 OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/ AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
Single-Family Acq./Rehab of rental
DECENT Housing Rehab housing, Acq./New Housing Activities in a
HOUSING and Emergency Construction of rental targeted revitalization
Rehab, housing, Expansion of area
Homebuyer assisted rental units in the
Assistance private marketplace
4.0 LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/ ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
RESOURCES
Development Develop 3 Three CHDO Increased Decent and
staff, funding, units of CHDO households affordable housing affordable
contractors housing, in a for low- to housing.
project of 6 moderate-income
units to be held families. Increased
in the homeownership.
Avondale CLT Improved
neighborhoods
and quality of life.
5.0 PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES
COMPLETION
MILESTONES: Tasks to be Performed
DATE
Application/market study 02/2024
Execute third party agreement with County and City
of Avondale for HOME funds 04/2024
Development Plan Approved-City of Avondale 05/07/2026
Environmental Review approval 05/30/2024
Submit complete application for construction permits 06/30/2026
RFP for construction activities 04/01/2026
Homeownership counseling/buyer preparation 01/01/2027
Construction of project 07/31/2026
Sale of Unit (Pre-sale and during construction) 01/01/2027
Homebuyer financing secured 05/01/2027
Certificate of Occupancy 06/01/2027
Final Close-out /Project Completion Form 12/31/2027
Any change to the Timeline will need to be approved by the County.
6.0 ACTIVITY BUDGET SUMMARY:

Contract No. C-22-24-095-X-01 Amendment No. 1
ACTIVITY HOME CHDO OTHER TOTAL
FUNDS RESOURCES ACTIVITY
BUDGET
Construction Hard Costs $636,326 $1,260,000 $1,896,326
Hard Cost Contingency $300,000 $300,000
Soft costs including: Architect and
Engineering Fees, Survey,
Permit, Legal Fees, title and
recording, insurance, reserves $507,000 $507,000
Project Management Fees $100,000 $100,000
Developer Fee $160,000 $190,000 $350,000
Match Wish Funds $200,000 $200,000
TOTALS $796,326 $2,557,000 $3,353,326
(1) Cash match dedicated to this Project only.
Note: A total of $3,000 per activity will be withheld from the total amount of HOME funds
obligated to each activity/address. $1,500 may be reimbursed upon completion of
rehabilitation/new construction (Certificate of Occupancy) and a signed purchase contract
with a qualified buyer. The final $1,500 will be reimbursed when a completion form is
submitted by the CHDO to the County.
7.0 ACTIVITY MATCH:
AMOUNT FORM OF MATCH SOURCE
$200,000 Cash WISH Funds
8.0 SALES PRICE:
(1) To ensure the homes are affordable for the target income group, the sales price
shall be calculated so that each buyer’s monthly housing expenses (including
principal, interest, property taxes, and home insurance) does not exceed 35% of
the buyer’s gross monthly household income, unless there are documented
compensating factors. In addition, the housing will have a purchase price for the
type a single unit of single-family housing that does not exceed 95% of the median
purchase price for the area as described in 24 C.F.R. § 92.254 (a)(2). Refer to
Section 5 (Attachments), Attachment 3 to this Agreement.
(2) The buyer may obtain a mortgage loan with a fixed term and interest rate and
lender fees may not exceed 5% of the mortgage amount. The income of the buyer
shall be determined according to the requirements at 24 C.F.R. § 92.203.
9.0 CHDO PROJECT PROCEEDS:
All proceeds generated from the CHDO development activities shall be considered Project
proceeds and subject to the Project proceeds requirements set forth in HOME Program
regulations. Project proceeds shall be tracked by the CHDO and reported to the
Administrator. Documentation supporting the amount of Project proceeds received and
expended shall be submitted to the Administrator and the County. Project proceeds shall
be retained and expended by the CHDO for construction of additional properties under
this Agreement, or for other HOME-eligible activities with prior approval from the
Administrator and the County.
10.0 CONVERSION TO RENTAL:

Contract No. C-22-24-095-X-01 Amendment No. 1
If the newly constructed home has not been sold to an eligible homebuyer within nine (9)
months after the receipt of a Certificate of Occupancy, it must be converted to a HOME
rental unit that complies with all HOME requirements for the period of affordability
applicable to such rental units, according to 24 C.F.R. § 92.254(a)(3). If the vacant
property is not converted, then HOME funds must be repaid to the County.

Contract No. C-22-24-095-X-01 Amendment No. 1
Attachment 1
ADDENDUM TO THE
AGREEMENT BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
AND
CITY OF AVONDALE
ACTIVITY: Acquisition/Rental of Single-Family Homes
CONTRACT START: 9/30/2026
CONTRACT END DATE: 9/30/2028
CONTRACT NUMBER: ____________________
I. The purpose of this Addendum is to identify the property(ies) acquired for Project activities.
II. Pursuant to the Agreement Section 1 (General Provisions), Paragraph 6 (Administrative
Change Orders and Addenda), Subparagraph 6.1.2 (Addenda) of the Agreement, the
following properties are hereby identified for purchase:
III. All other terms of the Agreement not amended by this Addendum shall remain in full force
and effect as approved.
IV. The Parties have authorized the undersigned to execute this Addendum on their behalf.
V. This Addendum shall be effective upon approval and signature by the Parties.
(Signatures are contained on the following page)

Contract No. C-22-24-095-X-01 Amendment No. 1
IN WITNESS THEREOF, the Parties have signed this Addendum:
APPROVED BY: APPROVED BY:
MARICOPA COUNTY CITY OF AVONDALE (Administrator)
_
Jamie Macfarlane Date Ron Corbin Date
Assistant Director City Manager
Attested to:
_
Marcella Sarmiento Date
City Clerk
IN ACCORDANCE WITH A.R.S. §§ 11-201, IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-251, AND 11-952, THIS ADDENDUM HAS 11-952, THIS ADDENDUM HAS BEEN
BEEN REVIEWED BY THE UNDERSIGNED REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS ATTORNEY WHO HAS DETERMINED THIS
ADDENDUM IS PROPER IN FORM AND ADDENDUM IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER GRANTED TO THE CITY OF AVONDALE
THE LAWS OF THE STATE OF ARIZONA. UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy County Attorney Date Attorney for the City of Avondale Date
APPROVED BY:
NEWTOWN COMMUNITY DEVELOPMENT,
an Arizona nonprofit corporation (CHDO)
Stephanie Brewer Date
Executive Director