CITY OF CHANDLER AMENDMENT 3 HOME ACTIVITIES.PDF

Maricopa County — Formal (2020-03-11)

View PDF Item 35 Meeting page

Extracted text (via pymupdf) 21723 characters
Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
Page 1 of 10 
AMENDMENT No. 3 TO THE 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
CITY OF CHANDLER  
 
I. 
Maricopa County (“County”) administered by its Human Services Department and the City of 
Chandler (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about 
February 15, 2017. The purpose of the Agreement is for the City to provide single-family owner-
occupied housing reconstruction and a tenant based rental assistance program. The County provided 
the City with $299,853 in 2016 HOME Investment Partnerships Program (HOME) funds from the 
U.S. Department of Housing and Urban Development (HUD). The expenditure time frame for the 
2016 funds expire on September 30, 2019. The County and the City may be referred to individually as 
the “Party” and collectively referred to as “Parties.” 
 
The Parties executed Administrative Change Order No. 1 on or about May 23, 2017 to revise the 
Activity Budget Summary. The Change Order did not impact the overall budget of the Agreement.  
 
The Parties executed Amendment No. 1 on or about February 13, 2018 to add 2017a Work Statement 
for a Community Land Trust program to acquire, rehabilitate and resell a single-family home. The 
County provided $100,652 for the 2017a Work Statement. The Amendment also added 2017b Work 
Statement for expansion of the tenant based rental assistance and administration program. The County 
provided $198,218 for the 2017b Work Statement. The Amendment funds of $298,870 expenditure 
time frame shall expire September 30, 2021. The Agreement funding amount increased to $598,723. 
 
The Parties executed Administrative Change Order No. 2 on or about February 26, 2018 to revise the 
Activity Budget Summary. The Change Order did not impact the overall budget of the Agreement. 
 
The Parties executed Amendment No. 2 on or about October 18, 2018 to add 2018 Work Statement 
A for the City to acquire, rehabilitate and resell a single-family home. The County provided the City 
with $189,473 for 2018 Work Statement A. The Amendment also added 2018 Work Statement B for 
tenant based rental assistance program. The Amendment funds of $421,957 expenditure time frame 
shall expire September 30, 2022. The Agreement funding amount increased to $1,020,680. 
 
II. 
The Parties agree to enter into this Amendment No. 3 to the Agreement to amend the Agreement as 
follows: 
 
A. 
Add additional Work Statement, hereinafter referred to as “2019 Work Statement A” for the 
City to acquire, rehabilitate and resell a single-family home. The County shall provide the City 
with $141,585.00 in 2019 HOME funds for this Work Statement. The expenditure timeframe 
for the 2019 Work Statement A shall be through September 30, 2023.  
 
B. 
Add additional Work Statement, hereinafter referred to as “2019 Work Statement B” for the 
City to expand the tenant based rental assistance program. The County shall provide the City 
with $229,291.29 in 2019 HOME funds for this Work Statement. The City shall utilize 
$60,468.73 of Program Income and recaptured funds for the 2019 Work Statement B. The 
expenditure timeframe for the 2019 Work Statement B shall be through September 30, 2023.

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
Page 2 of 10 
C. 
The County shall provide the City with $370,876.29 for the Amendment No. 3, 2019 Work 
Statements. Upon approval of Amendment No. 3, the Agreement funding amount shall be 
increased to $1,391,556.29. 
 
D. 
Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total 
funding of $1,391,556.29. 
 
III. 
The County shall reimburse the City on a Net 0 payment standard. 
 
This Agreement is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made to this 
Amendment. All other terms and conditions of the original Agreement and previously approved Amendments 
shall remain the same and in full force and effect as approved and amended. 
 
IN WITNESS THEREOF, the Parties have signed this Amendment: 
 
APPROVED BY: 
CITY OF CHANDLER 
 
 
APPROVED BY:  
MARICOPA COUNTY 
 
___________________________________ 
 
 
 
____________________________________ 
Chairman, Board of Supervisors  
Date: __________________________ 
 
Date: __________________________ 
 
Attested To: 
____________________________________ 
City Clerk 
 
 
 
Attested To: 
____________________________________ 
Fran McCarroll, Clerk of the Board 
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN 
REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE 
WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED 
ATTORNEY FOR CITY ON BEHALF OF CITY, AND, AS TO THEIR RESPECTIVE CLIENTS ONLY, 
EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND 
WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF 
ARIZONA. 
 
CITY OF CHANDLER 
 
BY: ______________________________ 
City Attorney 
 
 
MARICOPA COUNTY 
 
BY: ______________________________ 
Deputy County Attorney 
Date: __________________________ 
 
Date: __________________________

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement A 
Page 3 of 10 
 
MARICOPA COUNTY 
HOME Investment Partnerships Program 
2019 Work Statement A 
 
 
Project: Newtown Community Land Trust Acquisition/Resale 
Program Year 2019 HOME Funds: $141,585 
Type of Property: Single Family Residential 
 
Amount of Funding 
HOME 
AMOUNT 
CASH MATCH 
AMOUNT 
OTHER  
RESOURCES 
AMOUNT 
TOTAL 
BUDGET 
$141,585 
N/A 
$402,215 
$543,800 
 
Project Description 
The City of Chandler will contract with Newtown Community Development Corporation (Newtown CDC), 
acting in the capacity of a developer to acquire and rehabilitate a single-family home in Chandler. The project 
is a scattered-site homeownership project which target specific zip codes: 85224, 85225, and 85226 to be 
supplemented by the specific street address. The Parties shall execute an Addendum, once a property is 
identified. The Addendum shall identify the individual property by street address for participation in the 
Newtown CDC Community Land Trust Program (CLT) will be executed before funding is made available. 
Funds will be considered to be committed only after requirements of the HOME Investment Partnerships 
Program rules are met under the definition of commitment which includes: all funding necessary for the project 
is secured, a budget and schedule are established, underwriting and subsidy layering is completed, construction 
is scheduled to begin within twelve months and the individual address for acquisition is identified.  
 
Funds for rehabilitation are obligated by completing a detailed set of plans and specifications (work write-up) 
and completing a detailed construction/rehabilitation cost estimate based upon those specifications. Such cost 
estimate may include a contingency for construction change orders of up to 15% for rehabilitation and up to 
5% for new construction. The property must be free from any defects that pose a danger to the health and 
safety of occupants and must meet written rehabilitation standards and local codes and ordinances at project 
completion. Copies of final inspection must be retained in the project files and submitted to the County upon 
submitting completion report.   
 
The completed home will be sold to an eligible low-income first-time homebuyer. The property will be acquired 
with Newtown’s line of credit, following completion of environmental review requirements. Newtown CDC 
will execute a Deed of Trust and Note naming the City of Chandler as Beneficiary in order to secure any funds 
provided to Newtown CDC as reimbursement for acquisition costs. 
 
Resale provisions will be used to ensure compliance with the period of affordability required by HUD at 92.254 
of the HOME regulations. The affordability restrictions will be secured by a Community Land Trust (CLT) 
Ground Lease and a Declaration of Affirmative Land Use Restrictions.   
 
The completed unit shall be sold through the Newtown (CLT) program in which the buyer purchases the 
improvements only and enters into a 99-year CLT Ground Lease with Newtown CDC. The CLT Ground Lease 
contains provisions that require the housing to be used as the buyer’s principal residence and restricts 
resale/transfer only to Low-Income buyers.

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement A 
Page 4 of 10 
The shared appreciation provision conforms to Maricopa HOME Consortium Recapture / Resale Provisions: 
“Fair Return” for leasehold properties is defined as the lessees purchase price, plus 25% of the lessee’s share 
of the increase in leasehold value at time of resale based on a leasehold valuation performed by a duly licensed 
appraiser. 
 
Eligible buyers will be required to complete an approved homebuyer education class and homeownership 
counseling. Eligible buyers will also be required to complete a Community Land Trust (CLT) orientation, at 
which time the ground lease, resale restrictions, shared equity and all other provisions of the CLT program are 
fully explained. 
 
Beneficiaries: One (1) first time homebuyer at or below 80% of the area median income level. Newtown CDC 
will secure affordability through the Resale Provisions. 
 
The City shall ensure the beneficiaries are income eligible and comply with 24 CFR 92.203(d)(1).  
 
Consolidated Plan – Project will increase the supply of affordable rental units for low and very low-income 
households. High priority rated in the Consolidated Plan. 
 
A. 
OBJECTIVES AND OUTCOMES: 
 
B. 
LOGIC MODEL: PERFORMANCE INDICATORS 
The City of Chandler will partner with Newtown CDC to acquire and rehabilitate up to two homes 
which will be sold to a low or moderate homeowner using a Community Land Trust Model. The 
outcome will be increased affordable housing for low to moderate income families as well as to increase 
homeownership, provide decent housing, improve neighborhoods and quality of life. 
 
C. 
SITE INFORMATION: Scattered sites in Chandler. Parties will execute addenda to this agreement 
when specific parcels are identified. 
 
D. 
PERFORMANCE REPORTING - GOALS: 
Project Completion date: September 30, 2022 
 
 
 
OBJECTIVE 
OUTCOMES 
AVAILABILITY/ 
ACCESSIBILITY 
AFFORDABILITY 
SUSTAINABILITY 
DECENT 
HOUSING 
  
 Single Family 
Housing Rehab and 
Emergency Rehab; 
Homebuyer 
Assistance 
  
Homebuyer Activities, 
Acquisition/Rehab of rental housing, 
Acquisition/New Construction of rental 
housing, TBRA, Expansion of assisted 
rental units  
   
Housing Activities in a 
targeted revitalization 
area

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement A 
Page 5 of 10 
E. 
TIMELINE OF ACTIVITIES 
MILESTONES: Tasks to be Performed 
START 
DATE 
COMPLETION 
DATE 
Application/market study 
11/2018 
11/2018 
Site selection 
12/1/2019 
6/30/2020 
Environmental reviews to City of Chandler 
12/1/2019 
6/20/2020 
Homeownership counseling/buyer preparation 
7/1/2019 
9/30/2020 
Acquisition 
12/15/2019 
9/30/2020 
Work write-ups and bid selection 
12/15/2019 
9/30/2020 
Homebuyer financing secured 
12/1/2019 
9/30/2020 
Rehabilitation  
12/30/2019 
9/30/2020 
Resale of properties to homeowners 
1/15/2020 
9/30/2020 
Final Close-out /Project Completion Form 
 
10/31/2020 
Any change to the Timeline will need to be approved by the County.  
 
F. 
ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT: 
The HOME unit will have a period of affordability of 15 years. During this time, the project will be 
monitored annually, and the unit will be verified annually. The affordability standard is applied to both 
the original homebuyer and subsequent purchaser and will be enforced by imposing deed restrictions, 
covenants running with the land, or other similar mechanisms. 
 
G. 
ACTIVITY BUDGET SUMMARY: 
 
ACTIVITY 
2019 
HOME 
AMOUNT 
CASH 
MATCH 
PI and Recapture 
 
Additional 
Resources 
TOTAL 
ACTIVITY 
BUDGET 
Acquisition (c) 
$141,585 
 
 
283,415 
425,000 
Rehabilitation 
 
 
 
60,000 
60,000 
Down payment 
assistance 
 
 
 
 
 
Relocation 
 
 
 
 
 
Development 
Costs (b) 
 
 
 
20,000 
20,000 
Staff Costs (b) 
 
 
 
 
 
Development 
Fees 
 
 
 
38,800 
38,800 
Other (LBP, 
title, appraisal)  
 
 
 
 
 
 TOTALS 
$141,585 
 
 
$402,215 
$543,800 
(a) 
If match will be in the form of cash and will be used in this project only. Do not include non-cash 
match in this budget. 
(b) 
These costs must be address specific; otherwise, these costs must be considered administrative 
costs. 
(c) 
$2,500 per activity/property will be withheld from the total amount of HOME funds obligated to 
each activity/address until a completion form is submitted by Newtown CDC. 
H. ACTIVITY MATCH: 
AMOUNT 
FORM OF MATCH 
$35,396 
IDA Funds

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement A 
Page 6 of 10 
 
I. 
SALES PRICE:  
To ensure the home is affordable for the target income groups, the sales prices shall be calculated so 
that the Buyers' monthly housing expenses are 28% of their gross monthly household income. Monthly 
housing expenses include principal, interest, property taxes, home insurance, HOA fees, and monthly 
ground lease fees. Buyers' monthly housing expenses must be at least 24% and not exceed 33% of 
Buyer's gross monthly household income; unless there are documented compensating factors.  
 
Homebuyers may obtain only mortgage loans with a fixed term and interest rate; lender fees may not 
exceed 5% of the mortgage amount. 
 
The income of buyers shall be determined according to the requirements at 92.203. In addition, the 
property will have an estimated value after rehabilitation that does not exceed 95 percent of the 
median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii).  
 
J. 
PROJECT PROCEEDS: 
All proceeds generated from development activities shall be considered program income and subject 
to the program income requirements set forth in HOME Program regulations. Program income shall 
be tracked by Newtown. Documentation supporting the amount of program income received and 
expended shall be submitted on the periodic progress report, if requested by the County. Project 
proceeds shall be retained and expended by Newtown for acquisition and/or rehabilitation of 
additional properties under this agreement.  
  
K. 
CONVERSION TO RENTAL: 
Any HOME homebuyer units that have not been sold to an eligible homebuyer within nine (9) months 
of receipt of a Certificate of Occupancy 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 
CFR 92.254(a)(3). If the vacant property is not converted, HOME funds must be repaid to the County.  
 
L. 
AFFORDABILITY REQUIREMENTS: 
1. The housing that is acquired with HOME funds must be single family housing. The family or 
individual acquiring the housing must qualify as Low Income and maintain the housing as the 
principal residence throughout the Period of Affordability, which shall be for a period of 15 years 
in accordance with HOME program requirements.   
 
2. Resale provisions will be used to ensure compliance with the period of affordability required by 
HUD at 92.254 of the HOME regulations. The affordability restrictions will be secured by a 
Community Land Trust (CLT) Ground Lease and a Declaration of Affirmative Land Use 
Restrictions and a Deed of Trust.    
 
a.) CLT Ground Lease. Completed units shall be sold through Newtown’s Community Land 
Trust (CLT) program in which the buyer purchases the improvements only and enters into a 
99-year CLT Ground Lease with Newtown CDC. The CLT Ground Lease contains provisions 
that require the housing to be used as the buyer’s principal residence and restricts resale to 
only Low-Income buyers. In addition, the CLT Ground Lease has a shared-appreciation 
provision that limits the sale price of the housing and helps ensure affordability for future 
buyers. A Memorandum of Ground Lease and Right of First Refusal are recorded. A 
“Performance” Deed of Trust is also recorded with Newtown CDC as the beneficiary; this 
ensures Newtown CDC is notified in the event the owner of the improvements attempts to 
refinance or transfer the property.

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement A 
Page 7 of 10 
b.) Declaration of Affirmative Land Use Restrictions. Upon sale to an eligible buyer, a Declaration 
of Affirmative Land Use Restrictions is executed between the Administrator and Newtown 
CDC and recorded against the land to secure the Period of Affordability as required by HUD. 
The Period of Affordability is based on the total amount of HOME funds invested in the 
housing.    
 
c.) Deed of Trust. Upon sale to an eligible buyer, a Deed of Trust is executed between the 
Administrator and Newtown CDC and recorded against the land to secure the Period of 
Affordability as required by HUD. The Period of Affordability is based on the total amount 
of HOME funds invested in the housing.

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement B 
Page 8 of 10 
 
MARICOPA COUNTY 
HOME Investment Partnerships Program 
2019 Work Statement B 
 
Consortium Member: City of Chandler, Arizona 
Project:  Tenant Based Rental Assistance and HOME Administration  
Program Year 2019 HOME Funds: $206,111.52 (Entitlement funds); $60,468.73 (Program income and 
recapture funds) and $23,179.77 (HOME Administrative funds)  
Type of Property: Rental  
 
A. 
DETAILED SCOPE OF WORK: 
1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low 
• 
High 
2. Type of assistance/activity to be provided with HOME funds:  
• 
Tenant Based Rental Assistance 
• 
Administration  
 
B. 
OBJECTIVES AND OUTCOMES (Check appropriate box below.): 
 
 
OBJECTIVE 
OUTCOMES 
AVAILABILITY/ 
ACCESSIBILITY 
AFFORDABILITY 
SUSTAINABILITY 
DECENT 
HOUSING 
 
 Single Family 
Housing Rehab and 
Emergency Rehab  
 
Homebuyer Activities, 
Acquisition/Rehab of rental housing, 
Acquisition/New Construction of rental 
housing, TBRA, Expansion of assisted 
rental units  
 
Housing Activities in a 
targeted revitalization 
area 
 
C. 
LOGIC MODEL: PERFORMANCE INDICATORS: 
 
The City of Chandler Housing and Redevelopment Division will administer the Tenant Based Rental 
Assistance Program. Through this effort, homelessness will be prevented by providing decent, 
affordable rental housing for families in need. This program will result in self-sufficiency and housing 
stabilization, as well as an understanding of the underlying issues that contributed to loss of housing.  
 
D. 
PROPOSED BENEFICIARIES:  
 
Targeted Population by 
Income Level 
Number of 
Households 
Total Number 
of Units 
Number of 
HOME Assisted 
Units in program 
(if rental)  
Households at or below 50% 
25 
 
 
Households at or below 60% 
 
 
 
Households at or below 80% 
 
 
 
TOTAL 
25

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement B 
Page 9 of 10 
E. 
PRIORITY POPULATIONS: 
Complete the table below only if the Activity will specifically set-aside units for a priority population. 
Set-asides will be enforced through contract provisions. 
 
Priority Populations 
No. of Units 
Elderly 
 
Physically Disabled 
 
Other Priority 
Populations: Veterans 
 
 
Homeless 
25 
 
F. 
PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: 
TBRA MILESTONES 
START  
DATE 
COMPLETION 
 
DATE 
HOME Contract Amendment signed by City Council 
 
October 2019 
Signed MOA between City of Chandler Neighborhood 
Resources/CD and Housing and Redevelopment 
Division 
 
October 2019 
Environmental Program Clearance 
August 2019 
October 2019 
Application Intake-Certification of Income Eligibility  
Ongoing program 
September 30, 
2023 
Application Review 
Ongoing program 
September 30, 
2023 
Initial HQS Property Inspection 
Prior to leasing and 
annually 
throughout Lead 
Term 
September 30, 
2023 
Home Set up Report to County 
 
 
October 2019 
October 2019 
Unit Occupied by Low/Moderate Income 
Person/Family 
Throughout 
Contract Term 
September 30, 
2023 
Completion Report submitted to City 
 
July 31, 2023 
September 30, 
2023 
Any change to the Timeline will need to be submitted to and approved by Maricopa County.

Contract No. C-22-17-048-3-03 
 
Amendment No. 3 
2019 Work Statement B 
Page 10 of 10 
G. 
ACTIVITY BUDGET SUMMARY: 
 
TBRA ACTIVITIES 
HOME 
FUNDS 
Program Year 
2019 
 
Additional 
Sources  
HOME 
Program Income  
TOTAL 
COST 
RENTAL COSTS 
Monthly Rent* – 
$206,111.52 
$60,468.73 
$266,580.25 
Utility Costs 
 
 
 
Security Deposit Assistance 
 
 
 
Utility Deposit Assistance 
 
 
 
TOTAL 
$206,111.52 
$60,468.73 
$266,580.25 
General Management, Oversight, 
Coordination 92.207(a) 
 
 
 
TBRA GRAND TOTAL  
$206,111.52 
$60,468.73 
$266,580.25 
* Monthly rent (includes one-time security and utility deposit, as needed, for each participating 
household) 
 
HOME ADMINISTRATION  
$23,179.77 
 
$23,179.77 
*Administration funds to be expended by the City of Chandler for overall HOME program 
administration.  
 
H. 
MATCH: 
IDENTIFY MATCH SOURCES AND AMOUNTS THAT HAVE BEEN COMMITTED TO THE 
PROJECT: 
Match commitment must equal 25% of the HOME funds requested.   
Documentation is due at the time of request for payment(s).  
Match Logs must be submitted annually by June 30th of each year. 
 
TYPE 
SOURCE/FUNDING 
AGENCY 
General Fund 
TOTAL 
Cash or cash equivalents from a non-
federal source 
General Funds 
$51,528