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HomeMy WebLinkAbout2025 10.21 SVCFD No. 2 Minutes k G"f City of Apache Junction Arizona City CouncilChambers � 300 E Superstition Blvd Apache Junction,AZ 85„9 Special Meeting Minutes —�r apachejunctionaz.gov Superstition Vistas Community Ph:(480)982-8002 Facilities District No. 2 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,October 21,2025 6:00 PM City Council Chambers A. Call to Order Chair Wilson called the meeting to order at 6:29 p.m. B. Roll Call Present 7- Chairperson Wilson, Boardmember Schroeder, Boardmember Heck, Boardmember Johnson, Boardmember Nesser, Boardmember Soller, and Boardmember Cross Staff in attendance: Bryant Powell, District Manager Matt Busby,Assistant District Manager Evie McKinney, District Clerk Joel Stern, District Attorney Mike Loggins, District Director Connie Chow, District Controller Angelie Hawley, District Treasurer C. Agenda Items 1. 25-530 Consideration of approval of minutes of the special meeting of June 17, 2025. Chair Wilson called for a motion.Vice Chair Schroeder moved,seconded by Boardmember Nesser that the minutes of the June 17, 2025,meeting be approved. Yes: 7- Chairperson Wilson, Boardmember Schroeder, Boardmember Heck, Boardmember Johnson, Boardmember Nesser, Boardmember Soller and Boardmember Cross No: 0 2. 25-537 Presentation, discussion and consideration of Resolution No. SVCFD2 2025-007, a resolution of the district board of Superstition Vistas Community Facilities District No. 2, approving the Second Amendment to the Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement related to the substitution of the guarantor and indemnitor, and approving and authorizing all actions in connection with such substitution. Chair Wilson called for a motion.Boardmember Heck moved,seconded by Boardmember Soller that Resolution No.SVCFD2 2025-007 be approved. City of Apache Junction,Arizona Pagel Superstition Vistas Community Special Meeting Minutes October 21,2025 Facilities District No.2 Yes: 7- Chairperson Wilson, Boardmember Schroeder, Boardmember Heck, Boardmember Johnson, Boardmember Nesser, Boardmember Soller and Boardmember Cross No: 0 Zach Sakas, Esq. of Greenberg Traurig, outside counsel for the Superstition Vistas Community Facilities District No. 2 presented to the Board that the developer, Brookfield has changed their corporate structure and would like substitute the financial guarantor and indemnitor entity with two new entities, Brookfield Communities US Holdings LLC and North America Sekisui House, LLC. This requires a second amendment to the development agreement. Boardmember Cross inquired if the new entity was an overseas parent company. A representative from Brookfield stated they are a Japanese company that operates out of the United States. Boardmember Heck asked if the homeowners are made aware of this change. Mr. Sakas responded to Boardmember Heck. District Attorney Joel Stern asked the Brookfield representative to state his name and to explain how they came to the decision to make this change. Development Director Paul Lillis explained the process by which the entities were chosen. District Manager Bryant Powell commented on the similar risk as it was with the previous agreement. Mr. Stern asked if the new entities had sufficient funds to cover any kind of indemnification issue. Mr. Sakas responded there are hundreds of millions of dollars available. Mr. Lillis gave more information on the new entities. Boardmember Cross inquired if there was a financial concern at any point with the change. Mr. Sakas responded there was not. Mr. Powell informed the Board that this will also be on the agenda for the City Council meeting later this evening. Boardmember Nesser asked who was responsible if there is a funding issue in the future with this change. Mr. Sakas responded to Boardmember Nesser. Mr. Powell confirmed that the risk was the same as before for the community. Mr. Stern asked how often the financials are checked. City of Apache Junction,Arizona Page 2 Superstition Vistas Community Special Meeting Minutes October 21,2025 Facilities District No.2 Mr. Sakas stated the financials are checked regularly. D. District Manager Report E. District Director Report- Presentation and discussion of the following items: F. District Treasurer Report- Presentation and discussion G. Adjournment Chair Wilson adjourned thy meeting at 6:46 p.m. (, O P.f� ACCEPTED THIS � DAY OF&C Ettit , 2025, BY THE CHAIR PERSON AND DISTRICT BOARD OF THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF APACHE JUNCTION, ARIZONA). ad /(�� SIGNED AND ATTESTED TO THIS�f DAY OFAeCe-1" 2025. WALTER"CHIP"WILSON CHAIR PERSON ATTEST: s f� EVIE MCKINNEY DISTRICT CLERK City of Apache Junction,Arizona Page 3