SUMMIT AT MARBELLA RANCH - BOS RESOLUTION (FINAL 4-29-26).PDF
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1 A RESOLUTION OF THE MARICOPA COUNTY BOARD OF SUPERVISORS APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA OF ONE OR MORE SERIES OF ITS TAX-EXEMPT AND/OR TAXABLE, SENIOR AND/OR SUBORDINATE MULTIFAMILY HOUSING REVENUE BONDS (SUMMIT AT MARBELLA RANCH PROJECT), SERIES 2026, IN AN AGGREGATE ORIGINAL PRINCIPAL AMOUNT NOT TO EXCEED $48,000,000 WHEREAS, The Industrial Development Authority of the County of Maricopa (the “Issuer”) is a nonprofit corporation designated a political subdivision of the State of Arizona incorporated with the approval of Maricopa County, Arizona, empowered under the Industrial Development Financing Act, Arizona Revised Statutes § 35-701 et seq. (the “Act”), to issue revenue bonds for the purposes set forth in the Act, including the making of secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement, equipping or operating of a “project” (as defined in the Act); WHEREAS, the Issuer proposes to issue one or more series of its tax-exempt and/or taxable, senior and/or subordinate Multifamily Housing Revenue Bonds (Summit at Marbella Ranch Project), Series 2026 (the “Bonds”), in an aggregate original principal amount not to exceed $48,000,000, for the benefit of Marbella Ranch AH II, LLLP, a Minnesota limited liability limited partnership, together with its affiliates and related entities (the “Borrower”); WHEREAS, the proceeds of the Bonds will be loaned by the Issuer, in one or more loans, to the Borrower for the purposes of financing and/or refinancing, as applicable, a portion of the costs of: (i) the acquisition, construction, improvement, equipping and/or operation, as applicable, of a qualified residential rental facility (including improvements and facilities functionally related and subordinate thereto) which is expected to be comprised of approximately 252 units (all or a portion of which will be set aside for occupancy by low- to moderate-income tenants) situated on approximately 16.6 acres of real property located at or near the southeast corner of El Mirage Road and Northern Parkway in Maricopa County, Arizona (collectively, the “Facilities”), (ii) funding any required reserves, (iii) paying capitalized interest on the Bonds, if any, and (iv) paying certain costs and expenses related to the issuance of the Bonds (collectively, the “Project”); WHEREAS, on May 12, 2026, the Issuer resolved (the “Issuer’s Resolution”) to issue the Bonds, the Issuer’s Resolution being conditioned upon, among other things, the granting of approval to the issuance of the Bonds by the Maricopa County Board of Supervisors; WHEREAS, the Issuer’s Resolution has been made available to the Maricopa County Board of Supervisors, and the Issuer’s Resolution has been duly considered this date; WHEREAS, the Issuer’s Resolution authorizes, among other things, the issuance and sale of the Bonds, the execution and delivery of a trust indenture and related financing documents as well as such other documents required for the issuance of the Bonds; WHEREAS, the terms, maturities, provisions for redemption, security, and sources of payment for the Bonds are set forth in the form of the trust indenture and in the form of the Bonds; 2 WHEREAS, the Maricopa County Board of Supervisors has been informed that the documents have been reviewed by competent Bond Counsel, Kutak Rock LLP, and Bond Counsel has determined that the documents adequately meet the requirements of the Act and the Code; WHEREAS, pursuant to Section 35-721.B of the Act, the issuance of the Bonds by the Issuer requires the approval of the Maricopa County Board of Supervisors; WHEREAS, pursuant to Section 147(f) of the Code, the Maricopa County Board of Supervisors must approve the issuance of the Bonds after a public hearing following reasonable public notice; WHEREAS, pursuant to Section 147(f) of the Code, following publication by posting on the Issuer’s website of a Notice of Public Hearing, a public hearing with respect to the Bonds and the location and nature of the assets, operations and Facilities and to be financed was held telephonically by an authorized representative of the Issuer on April 28, 2026 (a copy of the Notice of Public Hearing is attached hereto and made a part of this Resolution); WHEREAS, a Report of Public Hearing regarding the Public Hearing held on April 28, 2026, has been presented to and considered by the Maricopa County Board of Supervisors; and WHEREAS, it is intended that this Resolution shall constitute approval by the Maricopa County Board of Supervisors with respect to the issuance of the Bonds pursuant to (a) Section 35-721.B of the Act and (b) Section 147(f) of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS, as follows: 1. The issuance by the Issuer of the Bonds in an aggregate principal amount not to exceed $48,000,000 is approved for all purposes under the Act, including specifically Section 35-721.B, and Section 147(f) of the Code. 2. The appropriate officers of the Maricopa County Board of Supervisors are hereby authorized and directed to do all such things to execute and deliver all such documents on behalf of the Maricopa County Board of Supervisors as may be necessary or desirable to effectuate the intent of this Resolution and the Issuer’s Resolution in connection with the issuance of the Bonds. ADOPTED AND APPROVED on May 20, 2026. Chair, Maricopa County Board of Supervisors ATTEST: Clerk, Maricopa County Board of Supervisors ATTACHMENT: Notice of Public Hearing 3 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held telephonically by an authorized representative of The Industrial Development Authority of the County of Maricopa (the “Issuer”) on April 28, 2026, commencing at 9:30 a.m. local time (Arizona Time) (or as soon thereafter as the matter may be heard), via the toll free dial-in number of 1-833-220- 6615, enter code 970133 and press #, regarding the Issuer’s Multifamily Housing Revenue Bonds (The Summit at Marbella Ranch Project), Series 2026 (the “Bonds”) to be issued in one or more series, pursuant to a plan of financing in a maximum aggregate principal amount of $48,000,000. The proceeds of the Bonds will be used to make one or more loans to Marbella Ranch AH II, LLLP, a Minnesota limited liability limited partnership, together with its affiliates and related entities (the “Borrower”), for the purposes of financing and/or refinancing, as applicable, a portion of the costs of: (i) the acquisition, construction, improvement, equipping and/or operation, as applicable, of a qualified residential rental facility (including improvements and facilities functionally related and subordinate thereto) which is expected to be comprised of approximately 252 units (all or a portion of which will be set aside for occupancy by low- to moderate-income tenants) situated on approximately 16.6 acres of real property located at or near the southeast corner of El Mirage Road and Northern Parkway in Maricopa County, Arizona (collectively, the “Facilities”), (ii) funding any required reserves, (iii) paying capitalized interest on the Bonds, if any, and (iv) paying certain costs and expenses related to the issuance of the Bonds (collectively, the “Project”). The Project to be financed with the proceeds of the Bonds will be owned and operated by the Borrower. The principal of, premium, if any, and interest on the Bonds will not constitute a debt or liability of the Issuer, Maricopa County, Arizona, the State of Arizona, or any political subdivision of the State of Arizona, or a charge against their general credit or any taxing powers, but shall be payable solely from the sources provided for in the proceedings pursuant to which the Bonds are issued. This public notice is published pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. Any interested person may attend or send written comments and express his or her view with respect to the Bonds and the location and nature of the assets, operations and Facilities to be financed. Any written comments should be submitted to The Industrial Development Authority of the County of Maricopa, 8687 East Via de Ventura, Suite 306, Scottsdale, Arizona 85258, Attention: President, and clearly marked: “The Summit at Marbella Ranch Project.” Written submissions should be mailed in sufficient time to be received before the time of the hearing. Date: April 16, 2026 THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA