Directive Number: DEV.INC ------------------------------------------------------------------------ Increase Development Grant U.S. Department of Housing Amendment to Consolidated and Urban Development Annual Contributions Contract Office of Public and Indian Housing 1. Project Number: . 2. Amendment to Annual Contributions Contract (ACC) Number: , dated: . 3. The ACC is amended to provide a grant of additional funds for the development of the project. This amendment is part of the ACC. Under ACC Amendment Number , HUD agreed to provide loans and annual contributions for a project with a Maximum Total Development Cost of: $ , which is insufficient for completion of the project. 4. The following provisions shall be applicable to the provision of a grant for additional funds for the project: (a) Date of Development Grant Amendment Reservation: . (b) Development Method and Housing Type: (c) Prior Number of Units: (d) New Number of Units: (e) Prior Maximum Total Development Cost: $ . (f) Development Grant Amendment Authority: $ . (g) New Maximum Total Development Cost: $ . 5. The new Maximum Total Development Cost of the project is set forth in Section 4(g) of this amendment. The HA shall complete the development of the project within the approved Development Cost Budget and in no event in excess of the stated New Maximum Total Development Cost for the project. 6. Subject to the provisions of this ACC, and in order to assist the development of the project, HUD agrees to disburse to the HA, from time to time as needed, up to the amount of the Maximum Grant Commitment. The Maximum Grant Commitment shall be equal to the difference between the Prior Maximum Total Development Cost and the New Maximum Total Development Cost, as stated in Section 4 of this amendment, or the difference between the Prior Maximum Total Development Cost and the approved Actual Development Cost of the project. 7. After inclusion in an audit and HUD approval of the Actual Development Cost Certificate, a copy of the Actual Development Cost Certificate shall be attached to this amendment and shall be deemed to further amend the ACC, where necessary, to reduce the amount of grant authority for the project to an amount equal to the difference between the Prior Maximum Total Development Cost and the approved Actual Development Cost for the project. In no case shall the approved Actual Development Cost Certificate amount exceed the New Maximum Total Development Cost stated in Section 4(g) of this amendment. 8. The HA shall continue to operate the Development Grant Project as low income housing in compliance with this ACC, the Act, and all HUD regulations and requirements, as such authorities now exist, or as they may be amended from time to time, for a period of forty years (or such other period of time required by law) beginning on the Date of Full Availability (i.e., the last day of the month in which substantially all dwelling units in the project are available for occupancy following the completion of the work and authorized acceptance by the PHA) of the Development Grant Project. 9. If the HA does not comply with its obligation(s) under this amendment, HUD may direct the HA to terminate all further development activities. In such case, the HA shall only incur additional costs with HUD approval. 10. The HA shall execute and file for record a Declaration of Trust, as provided under Part A, Section 8, of the ACC to protect the rights and interests of HUD throughout the forty-year period (or other period required by law) during which the HA is obligated to operate the Development Grant Project in accordance with the ACC, the Act and HUD regulations and requirements. The parties have caused this amendment to be effective as of the date of execution on behalf of the United States, as stated below. Public Housing Agency: (Seal) Attest: By (Chairperson): Date: United States of America Secretary of Housing and Urban Development By: (Official Title) Date: HUD-53010-E (5/96)