AMENDMENT 5 RE AFFORDABLE HOUSING WITH GUADALUPE COMMUNITY DEVELOPMENT CORPORATION.PDF
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Contract No. C-22-21-061-X-05 Amendment No. 5 Guadalupe CDC Page 1 of 3 AMENDMENT NO. 5 TO THE DEVELOPER AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND GUADALUPE COMMUNITY DEVELOPMENT CORPORATION I. Maricopa County (“County”) administered by its Human Services Department and the Guadalupe Community Development Corporation (GCDC) (“Developer”) entered into a financial Developer Agreement (“Agreement”) on or about November 23, 2020. The purpose of the Agreement is for the Developer to develop single-family, affordable homes for sale to low-income household in the town of Guadalupe. The County provided the Developer with $260,000 in PY20 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The Agreement term began November 18, 2020, through August 31, 2024. The Parties fully executed Amendment No. 1 on October 6, 2021. The Amendment extended the Agreement termination date from August 31, 2024, through September 30, 2025. The Amendment also added required language to Section 1 General Provisions. The County provided the Developer with an additional $250,000 in PY21 HOME funds for a new 2021 Work Statement for the development of a single-family, affordable home. The Agreement funding amount increased from $260,000 to $510,000. The Parties fully executed Amendment No. 2 on or about February 9, 2022. The Amendment added required language to the Agreement and revised PY20 Work Statement to update Project Description and Performance Reporting Goals/Timeline of Activities. Terms and Conditions of the original Agreement and Amendment No. 1 remain in full force and effect as executed by the Parties. The Parties fully executed Amendment No. 3 on or about December 7, 2022. The Amendment updated Agreement language and added an additional Work Statement, “2022 Work Statement” to construct additional single-family homes in the town of Guadalupe. The County provided the Developer with $1,583,595.97 ($543,595.97 in PY 2022 HUD HOME funds under ALN 14.239) and ($1,040,000 in ARPA funds under ALN 21.027). The Agreement total funding is now increased to a not-to-exceed amount of $2,093,595.97. The Parties fully executed Amendment No. 4 on or about February 22, 2024. The Amendment added Agreement required language and added an additional Work Statement, “2023 Work Statement” to construct additional single-family homes in the town of Guadalupe. The County provided the Developer with $250,000 in HUD HOME for PY23 Work Statement. The Agreement total funding is now increased to a not-to-exceed amount of $2,343,595.97. II. The Parties now therefore agree to enter into this Amendment No. 5 to amend the Agreement as follows: Contract No. C-22-21-061-X-05 Amendment No. 5 Guadalupe CDC Page 2 of 3 A. Change Lead Agency Maricopa County Representative: Jamie Macfarlane, Assistant Director Housing and Community Development Address: 234 North Central, 3rd Floor Phoenix AZ 85004 Phone: 602-506-5006 E-Mail: jamie.macfarlane@maricopa.gov B. Extend the Agreement term from September 30, 2025, through December 31, 2026. C. Revise Section 2.0 (Special Provisions), paragraph 18.0 (General Conditions), by removing in its entirety and replacing with the following: 18.0 General Conditions 18.1 Administrative Change Orders - The Chairman 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 County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: 18.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 18.1.2 Modifications to Budget line items if the Agreement amount remains unchanged; 18.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 18.1.4 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. III. Section II above contains all the changes to the Agreement made by this Amendment No. 2. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 2 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. 5 on their behalf, and it shall be effective upon approval and signature by the Parties. Contract No. C-22-21-061-X-05 Amendment No. 5 Guadalupe CDC Page 3 of 3 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: MARICOPA COUNTY Jack Sellers Date Chairman, Board of Supervisors APPROVED BY: GUADALUPE COMMUNITY DEVELOPMENT CORPORATION (Developer) Steve Langstaff Date Executive Director Attested to: _ Clerk of the Board Date Approved as to Form: Deputy County Attorney Date