Vote — approved

Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Clint Hickman	yes
Steve Gallardo	yes

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

52. DEVELOPER AGREEMENT WITH NAC EL MIRAGE HOUSING, LLC Approve the following actions: 1. Approve a financial Developer Agreement (“Agreement”) between Maricopa County, administered by its Human Services Department (“County”), and NAC El Mirage Housing, LLC, an Arizona Limited Liability Corporation (“Developer”). The County and the Developer are collectively referred to here as the “Parties” and individually as a “Party.” The purpose of the Agreement is for the Developer to expand affordable housing availability by constructing a new 45-unit multifamily rental community to be located in Surprise, Arizona. The project will service residents located within Maricopa County in the Urban County Cities of: City of El Mirage, Town of Youngtown, City of Tolleson, City of Avondale, City of Peoria, City of Surprise and any unincorporated areas of Maricopa County West of 67th Avenue. The Developer will provide onsite supportive services, including individualized case management and workforce development services. This project was identified in the HUD-required Annual Action Plan as approved by the Board of Supervisors on March 23, 2022. The County will provide the Developer with $6,140,196 in U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program funds (HOME ARP) under Assistance Listing Number 14.239 and $10,583,125 in American Rescue Plan Act Funds (“ARPA”) under Assistance Listing Number (“ALN”) 21.027 provided to the County by the U. S. Treasury. The total amount to be funded under this Agreement is $16,723,321. The Agreement term shall begin February 28, 2024, and will expire December 31, 2026. 2. Authorize the Chairman of the Board of Supervisors to approve and execute Change Orders/Administrative Changes as listed in Section 1 General Provisions, Paragraph 6.0. 3. Authorize the Chairman to sign any of the following documents that pertain to the Agreement: a. Promissory Notes. b. Deed of Trusts. c. Declarations and other documents. Supervisory District: 4 (C-22-24-076-X-00)

Attachments (1)

Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

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44. AMENDMENT TO DEVELOPER AGREEMENT WITH NAC EL MIRAGE HOUSING, LLC Approve non-financial Amendment No. 1 to the financial Developer Agreement between NAC EL Mirage Housing, LLC and Maricopa County, administered by its Human Services Department. The purpose of the Agreement is to provide the Developer with funding to acquire land and construct a new multifamily rental community with 45 units, located at approximately 16102 N. El Mirage Rd, Surprise, AZ 85335, and provide onsite supportive services. The project will benefit low-income families with an annual household income at or below 60% of the area median income (“AMI”) that are residents located within Maricopa County Urban County Cities of City of El Mirage, Town of Youngtown, City of Tolleson and any unincorporated areas of Maricopa County West of 67th Avenue, the City of Avondale, City of Peoria, and City of Surprise. The County provided the Developer with $6,140,196 in U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program funds (HOME-ARP) under Assistance Listing Number (ALN) 14.239 and $10,583,125 in American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds (“ARPA-CSLFRF”) under ALN 21.027, provided to the County by the U. S. Treasury. The County provided the Developer with total funding in the amount of $16,723,321 under the terms of the Agreement. The term of the Agreement is February 28, 2024, through December 31, 2026. The purpose of Amendment No. 1 is to address the following: A. Revise Section 1 (General Provisions), Paragraph 10 (Definitions), and replace Subparagraph 10.25 (Program Income) in its entirety. B. Revise Section 2 (Special Provisions) and replace Paragraph 6 (Program Income) in its entirety. C. Revise and replace Section 3 (Work Statement) in its entirety incorporated into the Agreement and identify the project as Cross Winds @ Three Star Pointe (“Project”). Supervisory District: 4 (C-22-24-076-X-01)

Attachments (1)

Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

41. AMENDMENT TO DEVELOPER AGREEMENT WITH NAC EL MIRAGE HOUSING, LLC Approve non-financial Amendment No. 2 to the financial Developer Agreement between NAC EL Mirage Housing, LLC and Maricopa County, administered by its Human Services Department. The purpose of the Agreement is to provide the Developer with funding to acquire land and construct a new multifamily rental community with 45 units, located at approximately 16102 N. El Mirage Rd, Surprise, AZ 85335, and provide onsite supportive services. The project will benefit low-income families with an annual household income at or below 60% of the area median income (“AMI”) that are residents located within Maricopa County Urban County Cities of City of El Mirage, Town of Youngtown, City of Tolleson and any unincorporated areas of Maricopa County West of 67th Avenue, the City of Avondale, City of Peoria, and City of Surprise. The County provided the Developer with $6,140,196 in U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program funds (HOME-ARP) under Assistance Listing Number (ALN) 14.239 and $10,583,125 in American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds (“ARPA-CSLFRF”) under ALN 21.027, provided to the County by the U. S. Treasury. The County provided the Developer with total funding in the amount of $16,723,321 under the terms of the Agreement. The term of the Agreement is February 28, 2024, through December 31, 2026. The purpose of Amendment No. 2 is to address the following: A. Revise Section 1 (General Provisions), Paragraph 6 (Administrative Change Orders), and replace in its entirety. B. Revise Section 3 (Work Statement), Paragraph 8 (Activity Budget Summary), and replace in its entirety. Supervisory District: 4 (C-22-24-076-X-02)

Attachments (1)

Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

80. AMENDMENT TO DEVELOPER AGREEMENT WITH NAC EL MIRAGE HOUSING, LLC (Supervisory District: 4) Approve financial Amendment No. 3 to the financial Developer Agreement between NAC EL Mirage Housing, LLC and Maricopa County, administered by its Human Services Department. The purpose of the Agreement is to provide the Developer with funding to acquire land and construct a new multifamily rental community with 45 units, located at approximately 16102 N. El Mirage Rd, Surprise, AZ 85335, and provide onsite supportive services. The project will benefit low-income families with an annual household income at or below 60% of the area median income (“AMI”) that are residents located within Maricopa County Urban County Cities of City of El Mirage, Town of Youngtown, City of Tolleson and any unincorporated areas of Maricopa County West of 67th Avenue, the City of Avondale, City of Peoria, and City of Surprise. The County provided the Developer with $6,140,196 in U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program funds (HOME-ARP) under Assistance Listing Number (ALN) 14.239 and $10,583,125 in American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds (“ARPA-CSLFRF”) under ALN 21.027, provided to the County by the U. S. Treasury. The County provided the Developer with total funding in the amount of $16,723,321 under the terms of the Agreement. The term of the Agreement is February 28, 2024, through December 31, 2026. The above-named Agreement is amended as follows in attached Amendment No. 3 to the Agreement: A. Add $25,203 in PY21 HOME-ARP funding for a new Agreement total of $16,748,524. B. Revise Section 1 (General Provisions) as follows: 1. Paragraph 51.0 (Immigration Laws and Regulations). 2. Paragraph 53.0 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion). C. Revise Section 2 (Special Provisions) as follows: 1. Paragraph 16.0 (Program Completion). 2. Paragraph 19.0 (Violence Against Women Reauthorization Act of 2013). D. Revise Section 3 (Work Statement). E. Revise Section 4 (Compensation), Paragraph 4.0 (Reimbursement) All other terms and conditions of the original Agreement shall remain in full force and effect. (C-22-24-076-X-03)