IGA AMENDMENT 3 RE AFFORDABLE HOUSING AVAILABILITY WITH AVONDALE.PDF
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C-22-24-016-X-03 Amendment No. 3 City of Avondale Affordable Housing Page 1 of 3 AMENDMENT NO. 3 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE CITY OF AVONDALE I. The City of Avondale (“City” or “Subrecipient”) and Maricopa County (“County”) administered by its Human Services Department entered into an Agreement on or about October 3, 2023, to increase affordable housing availability in the Avondale area. The County provided the City with $2,750,000 in ARPA funds under Assistance Listing Number 21.027 for these projects. The City shall directly or through an eligible subrecipient or developer, construct and develop affordable homes to be sold to low-income homebuyers. The Agreement term is September 13, 2023, through December 31, 2025. The County and the City may be referred to individually as “Party” or collectively as “Parties.” The Parties entered into Amendment No.1 on or about October 1, 2024. The Amendment revised Paragraph 9.0 (Compensation), Subparagraph 9.1 in its entirety. The Amendment also revised Paragraphs 1.3 (Funding Sources), 3.4 (Program Income), and 5.0 (Budget) in Exhibit A (Legacy Avondale Infill Housing Phase III Statement of Work), and Exhibit B (Avondale Infill Housing Program Statement of Work) respectively. The County provided funds remained unchanged at $2,750,000. The Parties entered into Amendment No.2 on or about December 18, 2024. The Amendment extended the term of the Agreement from December 31, 2025, to December 31, 2026, and revised and replaced Paragraph 5.0 (Administrative Change Orders) in its entirety. The County provided funds remains unchanged at $2,750,000. II. The Parties now agree to modify the Agreement through this Amendment No. 3 to address the following. A. Incorporate Federal Award Identification Number (FAIN) and Award Date by adding the following to Paragraph 6.0 (Funding): FAIN / AWARD DATE: 21.027: SLFRP0146 awarded 5/18/2021 B. Add the following Paragraph to the Agreement: 56.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. C-22-24-016-X-03 Amendment No. 3 City of Avondale Affordable Housing Page 2 of 3 C. Revise Exhibit B (Avondale Infill Housing Program Statement of Work), Paragraph 3.4 (Program Income) by removing it in its entirety and replacing with the following: 3.4 Program Income – Program Income will be defined as earnings from the sale of the homes. For the unit at 516 E Dee Street, all Program Income will be retained by the City of Avondale and reinvested into future CLT homes. The Developer will be required to submit a certification to the City to document Program Income activity. For 320 E Hill Drive, the Developer will retain Program Income, which will be reinvested into future affordable housing units in Maricopa County. The developer will be required to submit a certification to the City to document Program Income activity. III. Section II above contains all the changes to the Agreement made by this Amendment No. 3. The Agreement is amended to incorporate the changes contained in this Amendment No. 3. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 3 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. 3 on their behalf. [Signatures contained in the following page] C-22-24-016-X-03 Amendment No. 3 City of Avondale Affordable Housing Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 3: APPROVED BY: CITY OF AVONDALE APPROVED BY: MARICOPA COUNTY ___________________________________ Mike Pineda, Mayor Date ____________________________________ Thomas Galvin, Chairman Date Board of Supervisors Attested To: ___________________________________ City Clerk Date Attested To: ____________________________________ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240, 9- 500.11, 11-952, AND 46-241, ET SEQ., THIS AMENDMENT NO. 3 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF AVONDALE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: BY: ________________________________ Attorney for the City Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 3 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: BY: _________________________________ Deputy County Attorney Date