AMENDMENT 2 RE AFFORDABLE HOUSING WITH NATIVE AMERICAN CONNECTIONS EL MIRAGE HOUSING.PDF

Contract No. C-22-24-076-X-02 
 
Amendment No. 2 
AMENDMENT NO. 2 TO THE 
DEVELOPER AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
NAC EL MIRAGE HOUSING, LLC 
 
I. 
Maricopa County (“County”) administered by its Human Services Department and NAC El 
Mirage Housing, LLC (“Developer”) entered into a financial Agreement (“Agreement”) on 
or about February 28, 2024. 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 and provide supportive services to those tenants. The project will service 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-SLFRF”) under ALN 21.027, 
provided to the County by the U. S. Treasury for the provision of HOME activities as 
identified in Section 3 (Work Statement). The County shall provide the DEVELOPER with 
total funding in the amount of $16,723,321 under the terms of the Agreement, which term 
shall be February 28, 2024, through December 31, 2026. The County and Developer are 
collectively referred to as the “Parties.” 
 
The Parties fully executed Amendment No.1 on or about February 13, 2025. The 
Amendment replaced Section 1 (General Provisions), Paragraph 10 (Definitions), 
Subparagraph 10.25 (Program Income) in its entirety. Section 2 (Special Provisions), 
Paragraph 6.0 (Program Income) was replaced in its entirety. Section 3 (Work Statement) 
was revised and replaced in its entirety. 
 
II. 
The Parties now agree to enter into this Amendment No. 2 to amend the Agreement as 
follows: 
 
A. 
Revise Paragraph 6.0 (Administrative Change Orders) in Section 1 (General 
Provisions) and replace in its entirety with the following: 
 
6.0  
ADMINISTRATIVE CHANGE ORDERS 
6.1 
The Chairman of the Board of Supervisors is authorized, upon the 
recommendation of the Human Services Department Director and 
Legal Counsel, to review and execute administrative changes to the 
Agreement on behalf of the County through Administrative Change 
Orders. Administrative Change Orders will be effective upon 
execution by both the Parties. Administrative Change Orders shall 
address any of the following changes: 
6.1.1 
Modifications to the project timeline if the last day of 
the project timeline is within the Agreement term; 
6.1.2 
Modifications to Budget line items if the Agreement 
amount remains unchanged;

Contract No. C-22-24-076-X-02 
 
Amendment No. 2 
6.1.3 
Modifications required by federal, state, or County 
regulations, ordinances, or policies; and/or 
6.1.4 
Modifications to Administrative requirements such as 
changes in reporting periods, frequency of reports, or 
report formats required by federal, state, and local 
regulations, policies, or requirements. 
 
B. 
Revise and replace Section 3 (Work Statement), Paragraph 8 (Activity Budget 
Summary) in its entirety with the following:  
 
8.0 
ACTIVITY BUDGET SUMMARY  
 
 
 
III. 
Section II above contains all the changes to the Agreement made by this Amendment 
No. 2. The Agreement is amended to incorporate the changes contained in this 
Amendment No. 2. All other terms and conditions of the Agreement remain in full force 
and effect as executed by the Parties. This Amendment No. 2 is subject to and 
incorporates the provisions of A.R.S. § 38-511. 
 
IV. 
The Parties have authorized the undersigned to execute this Amendment No. 2 on their 
behalf, and it shall be effective upon approval and signature by both Parties. 
 
 
[Signatures contained in the following page] 
 
 
Pre-development
 
 
$1,184,057 
 
($1,475.39)
$1,182,581.61 
Hard Construction Costs
$4,924,214 
 
$6,939,924 
$3,923,292 
0
$15,787,430 
Supportive Services
$306,226 
$909,756 
 
$6,235,575 
0
$7,451,557 
Project Reserves
 
 
$280,086 
0
$280,086 
Misc. Soft Costs 
 
 
$509,145 
 
0
$509,145 
Developer Fees 
 
 
 
$1,311,047 
0
$1,311,047 
TOTAL
$5,230,440 
$909,756 
$10,583,126 
$11,750,000 
0
$28,473,322 
$1,475.39 
$1,951,475.39 
Original HOME-ARP Admin 
Funds
ARPA Line Item Budget 
Adjustment
COSTS
Original HOME-ARP Funds
Orginal ARPA 
Funds
 Orginal Additional 
Sources* (defined in 
Table 9)
Revised Total Cost
Property Acquisition 
 
 
$1,950,000

Contract No. C-22-24-076-X-02 
 
Amendment No. 2 
APPROVED BY: 
MARICOPA COUNTY 
 
 
 
 
 
 
 
 
Thomas Galvin                                       Date 
Chairman, Board of Supervisors 
 
 
 
APPROVED BY: 
NAC EL MIRAGE HOUSING, LLC. 
 
 
 
 
 
 
 
 
Trula Breuninger, President/CEO of its Sole 
Member, Native American Connections, Inc. 
 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
_ 
Juanita Garza                                          Date 
Clerk of the Board 
 
 
 
IN ACCORDANCE WITH A.R.S. §§ 11-201 11-
251, AND 11-952, THIS AMENDMENT NO. 2 
HAS 
BEEN 
REVIEWED 
BY 
THE 
UNDERSIGNED 
ATTORNEY 
WHO 
HAS 
DETERMINED IT IS PROPER IN FORM AND 
WITHIN THE POWERS AND AUTHORITY 
GRANTED TO MARICOPA COUNTY UNDER 
THE LAWS OF THE STATE OF ARIZONA. 
 
 
 
 
 
 
 
 
 
 
 
 
Approved as to form: 
 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                         Date