CITY OF CHANDLER AMENDMENT 3 HOME ACTIVITIES.PDF
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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