HomeMy WebLinkAboutResolution 2007-221 formation of the gladden farms II CFDMARANA RESOLUTION NO. 2007-221
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
MARANA, ARIZONA, A MUNICIPAL CORPORATION OF ARIZONA, ORDERING
AND DECLARING FORMATION OF GLADDEN FARMS (PHASE II) COMMUNITY
FACILITIES DISTRICT AND APPROVING AND AUTHORIZING THE EXECUTION
AND DELIVERY OF A DISTRICT DEVELOPMENT, FINANCING PARTICIPATION
AND INTERGOVERNMENTAL AGREEMENT (GLADDEN FARMS (PHASE II)
COMMUNITY FACILITIES DISTRICT)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
1. Findings.
a. On a date prior to the date of the adoption
hereof, there was presented to us, the governing body of the
Town of Marana, Arizona, an incorporated municipality of the
State of Arizona (hereinafter called the "Municipality"), a
Petition for Adoption of a Resolution Declaring Formation of
Gladden Farms (Phase II) Community Facilities District, dated as
of even date herewith (hereinafter referred to as the
"Petition"), signed by the entities which, on the date hereof,
are the owners of all real property as shown on the assessment
roll for State and county taxes for Pima County, Arizona, or, if
such persons shown on such assessment roll are no longer the
owners of land in Gladden Farms (Phase II) Community Facilities
District are the entities which are the successor owners which
have become known and have been verified by recorded deed or
similar evidence of transfer of ownership to be the owners of
such real property (hereinafter referred to as, collectively,
the "Petitioners") described in the Petition by metes and bounds
to be in the community facilities district, the formation of
which is prayed for by the Petitioners in the Petition, pursuant
to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as
amended (hereinafter referred to as the "Act").
b. The Petitioners have requested the
following:
I .
The name of the community facilities
district of which formation is prayed
pursuant to the Petition to be "Gladden
Farms (Phase II) Community Facilities
District" (hereinafter called the
"District") ,
Ii.
The District to be formed and exist
pursuant to the terms and provisions of the
Act as such terms and provisions are
modified, waived or restricted pursuant to
agreements to be entered into by and among
the Petitioners, the Municipality and the
District,
2
I I I .
The District to contain an area of
approximately 604 acres of land, more or
less, wholly within the corporate boundaries
of the Municipality and to be composed of
the land included in the parcels described
by metes and bounds as provided in Exhibit
"A" to the Petition, which is made a part of
the Petition for all purposes and is all the
land to be included within the boundaries of
the District (hereinafter referred to as the
"Property"),
IV.
The District to be a special purpose
district for purposes of Article IX, Section
19, Constitution of Arizona, a tax levying
public improvement district for the purposes
of Article XIII, Section 7, Constitution of
Arizona, and a municipal corporation for all
purposes of Title 35, Chapter 3, Articles 3,
3.1, 3.2, 4 and 5, Arizona Revised Statutes,
as amended; except as otherwise provided in
the Act, to be considered a municipal
corporation and political subdivision of the
State of Arizona separate and apart from the
Municipality; and to be formed for, and to
3
have, all the purposes of a "district" as
such term is defined, and as provided, in
the Act,
V .
The formation of the District to result
in the levy of ad valorem taxes to pay costs
of improvements constructed by the District
and for their operation and maintenance,
Vi.
The Clerk of the Municipality to accept
the filing of a "General Plan for Community
Facilities District" for the District
setting out a general description of the
improvements for which the District is
proposed to be formed and the general areas
to be improved (hereinafter referred to as
the "General Plan"), and
VII.
The Municipality to determine that
public convenience and necessity require the
adoption of this Resolution.
C. The Petitioners further attested and
declared that on the date hereof, as shown on the assessment
roll for State and county taxes in Pima County, Arizona, the
Property is owned by the Petitioners and shall be benefited from
4
the improvements for which the District is proposed to be
formed; that there are no residents on the Property and there
shall be no residents within fifty (50) days preceding the first
anticipated election of the District; that the District shall be
formed and exist pursuant to the terms and provisions of the Act
as such terms and provisions are modified, waived or restricted
pursuant to agreements to be entered into by and among the
Petitioners, the Municipality and the District; that public
convenience and necessity require the adoption of this
Resolution; and that the Municipality shall in no way be liable
for the payment of any of the costs of the public infrastructure
described in the General Plan, nor liable for any liability,
debt or obligation of the District.
d. After showing the preceding, the Petitioners
respectfully prayed that the Petition be properly filed as
provided by law and that, as the Petition is signed by all of
the owners of the Property and there are not now, and shall not
be within fifty (50) days preceding the first anticipated
election of the District, residents on the Property, any
requirements of posting, publication, mailing, notice, hearing
and election otherwise required by the Act in connection with
the adoption of this Resolution are waived, the Municipality, on
receipt of the Petition, declare the District formed without
being required to comply with such provisions for posting,
publication, mailing, notice, hearing or election.
5
e. Pursuant to the Act and Section 9-500.05,
Arizona Revised Statutes, as amended, the Municipality, the
District, FC/M Gladden II, LLC (hereinafter called "FC/M
Gladden"), Forest City Land Group, Inc. (hereinafter called
"Forest City") , and Marana EP Investors, LLC (hereinafter called
"Marana EP") are entering into a "development agreement" to
specify, among other things, conditions, terms, restrictions and
requirements for "public infrastructure" (as such term is
defined in the Act) and the financing of public infrastructure
and subsequent reimbursements or repayments over time.
f. With regard to the real property included
within the boundaries of the District, the Municipality, FC/M
Gladden, Forest City and Marana EP determined to specify some of
such matters in such an agreement, particularly matters relating
to the acquisition or construction of certain public
infrastructure by the District, the acceptance thereof by the
Municipality and the reimbursement or repayment of FC/M Gladden
with respect thereto, all pursuant to the Act.
9- Pursuant to the Act and Title 11, Chapter 7,
Article 3, Arizona Revised Statutes, as amended, the District,
and the Municipality may enter into an "intergovernmental
agreement" with one another for joint or cooperative action for
services and to jointly exercise any powers common to them and
for the purposes of the planning, design, inspection, ownership,
control, maintenance, operation or repair of public
infrastructure.
6
h . Pursuant to the Act, the District may also
enter into an agreement with FC/M Gladden, Forest City and
Marana EP with respect to the advance of moneys for public
infrastructure purposes and the repayment of such advances and
to obtain credit enhancement for, and process disbursement and
investment of proceeds of, general obligation bonds of the
District to be hereafter issued.
i. There has been presented to us in connection
with the purposes described in paragraphs l.e. through h. a
District Development, Financing Participation and
Intergovernmental Agreement (Gladden Farms (Phase II) Community
Facilities District), to be dated as of 1, 2007
(hereinafter referred to as the "Development Agreement") , by and
among the Municipality, the District, FC/M Gladden, Forest City
and Marana EP.
2. Matters Noticed by the MunicipalL?y.
a. The Petitioners seek formation of the
District to exercise the powers and functions set forth in the
Act as such powers and functions are modified, waived or
restricted pursuant to agreements to be entered into by and
among the Petitioners, the Municipality and the District.
b. The General Plan has been filed with the
Clerk of the Municipality.
C. The Petition and all necessary supporting
materials have been filed with us, and the showings in the
7
Petition are each noticed by us and are hereby incorporated at
this place as if set forth hereat in whole.
d. The purposes for which organization of the
District is sought are as described in the Petition and are
purposes for which a district created pursuant to the Act may be
lawfully formed.
e. The public convenience and necessity require
us to adopt this Resolution.
3. Granting of Petition; Formation of District. The
Petition attached hereto as Exhibit "A" and made a part hereof
for all purposes is hereby granted, and the District is hereby
formed as a district pursuant to the terms and provisions of,
and with the powers and authority established by, the Act,
subject to the restrictions and modifications set forth in the
Petition, with jurisdiction over the Property and that, as the
Petition is signed by the owners of the Property and there are
not now, and shall not be within fifty (50) days preceding the
first anticipated election of the District, residents on the
Property, requirements of posting, publication, mailing,
notices, hearing and election otherwise required by the Act with
respect to formation of the District are hereby found to be
unnecessary.
4. District Board and Officers. The District shall
be governed by a "District Board" comprised of the members of
the governing body of the Municipality, ex officio. The Mayor
of the Municipality shall be the "Chairperson of the District
8
Board"; the Vice Mayor of the Municipality shall be the "Vice
Chairperson of the District Board"; the Town Clerk of the
Municipality shall be the "District Clerk"; the Town Treasurer
of the Municipality shall be the "District Treasurer"; the Town
Manager of the Municipality shall be the "District Manager"; the
Finance Director of the Municipality shall be the "District
Chief Financial Officer" and the Town Attorney of the Munic-
ipality shall be the "District Counsel."
S. District Boundaries and Ma2. The District
boundaries are as described in Exhibit "A" to the Petition. A
map showing the District boundaries is hereby ordered to be
drawn and provided by the District Manager.
6. Dissemination of this Resolution. The
Petitioners shall cause a copy of this Resolution to be
delivered to the County Assessor and the Board of Supervisors of
Pima County, Arizona, and to the Department of Revenue of the
State of Arizona.
7. Authorization and A2proval of Development
Agreement. The Development Agreement is hereby approved in
substantially the form submitted herewith, with such changes,
additions, deletions, insertions and omissions, if any, as the
Mayor of the Municipality, with the advice of the Town Manager
of the Municipality and the Town Attorney of the Municipality,
shall authorize, the execution and delivery of the Development
Agreement to be conclusive evidence of the propriety of such
document and the authority of the persons or persons executing
9
the same. The Mayor of the Municipality, with the advice of the
Town Manager of the Municipality and the Town Attorney of the
Municipality, is hereby authorized and directed to execute, and
the Town Clerk of the Municipality to attest and deliver, the
Development Agreement on behalf of the Municipality.
8. No Liability of or for the Municipality. Neither
the Municipality nor the State of Arizona or any political
subdivision of either (other than the District) shall be
directly, indirectly or morally liable or obligated for the
costs of the public infrastructure contemplated by the General
Plan and the Development Agreement nor for the payment or
repayment of any indebtedness, liability, cost, expense or
obligation of the District, and neither the credit nor the
taxing power of the Municipality, the State of Arizona or any
political subdivision of either (other than the District) shall
be pledged therefor.
9. Effect of Resolution. a. If any section,
paragraph, clause or provision of this Resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision
shall not affect any remaining provisions of this Resolution.
b. All resolutions or parts thereof
inconsistent herewith are hereby waived to the extent only of
such inconsistency.
10
PASSED by the Mayor and Common Council of the Town of
Marana, Arizona, this l1th day of December, 2007.
i:? 0.0CQ1kP0RA
aft v- j- "'o
I SEAL,
ATTEST: j
0-1
A9
,
W-V
........................... .
Mayor Ed Honea, Town of Marana
. . . . . . . . . . . . . . . . . . . . . . . . . . .
?c'e-yn &""?ronson, Town Clerk
wn of garana, Arizona
APPROVED AS TO FORM:
k Cas idY, To A torney
of,jdarana, i na
REVIEWED BY:
- '& - C? ..................................
Michael A. Reuwsaat, Town Manager
Town of Marana, Arizona
ATTACHMENTS:
EXHIBIT A -- Conformed Copy of Petition for Adoption of this
Resolution
327866321.1-10/9/2007
11
EXHIBIT "A"
CONFORMED COPY OF PETITION
FOR ADOPTION OF THIS RESOLUTION
A-1
EXHIBIT "A"
CONFORMED COPY OF PETITION
FOR ADOPTION OF THIS RESOLUTION
A-1
PETITION FOR ADOPTION OF A RESOLUTION
ORDERING AND DECLARING
FORMATION OF
GLADDEN FARMS (PHASE II) COMMUNITY FACILITIES DISTRICT
STATE OF ARIZONA
COUNTY OF PIMA
TOWN OF MARANA
THE UNDERSIGNED OWNERS OF ALL OF THE LAND (hereinafter
referred to as, collectively, "Petiti*ners") in the parcel hereinafter
described, except for the exclusions described by mtes and bounds,
acting pursuant to the provisions of Title 48, Chapter 4, Article 6,
Arizona Revised Statutes, as amended (hereinafter referred to as the
"Act"), respectfully petition The Honorable Town Council of the Town,
of Marana, Arizona (hereinafter referred to as the "Municipality"), to
adopt a resolution (hereinafter referred to as the "Resolution")
declaring and ordering formation of a community facilities district
(hereinafter referred to as the "District") and would respectfully
"quest the following with respect thereto:
I .
TlYe name of the District to be "Gladden Farms (Phase 11)
Community Facilities District,"
?_Z8033685vl 12/4/2007
Ii.
The District to be formed and exist pursuant to the terms
and provisions of the Act as such terms and provisions are modified,
waived or restricted pursuant to agreements to be entered into by and
among Petitioners, the Municipality and the District,
III.
The District to contain an area of approximately 604 acres
of land, more or less, wholly within the corporate boundaries of the
Municipality and to be composed of the land included in the parcel,
except for the exclusions described by metes and bounds, as provided
in Exhibit "A" hereto, which is made a part hereof for all purposest
IV.
The District to be a special purpose district for purposes
of Article IX, Section 19, Constitution of Arizona, a tax levying
public improvement district for the purposes of Article XIII, Section
7, Constitution of Arizona, and a municipal corporation for all
purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5,
Arizona Revised Statutes, as amended; except as other wise provided in
the Act, to be considered a municipal corporation and political
subdivision of the State of Arizona, separate and apart from the
Municipality; and to be formed for, and to have, all the purposes of a
"district" as such term is defined, and as provided, in the Act,
2
328033685vi 12/4/2007
V.
The formation of the District to result in the levy of ad
valorem taxes to pay costs of improvements constructed by the District
and for their operation and maintenance,
VI.
Before the Resolution is adopted, the Clerk of the
Municipality to accept the filing of a "general plan" (as such term is
defined in the Act and hereinafter referred to as the "General Plan")
for the District setting out a general description of the improvements
for which the District is proposed to be formed and the general areas
to be improved, and
VII.
The Municipality to determine that public convenience and
necessity require the adoption of the Resolution;
WHEREFORE, Petitioners attest and declare that on the date
hereof, as shown on the assessment roll for State and county taxes in
Pima County, Arizona, all of the land to be in the District is owned
by Petitioners or, if a person listed on such assessment roll is no
longer the owner of land in the District, that the name of the succes-
sor owner has become known and has been verified by recorded deed or
other similar evidence of transfer of ownership to be Petitioners;
that there currently are no residents on the land to be in the Dis-
trict and there shall be no residents within fifty (50) days preceding
the first anticipated election for the District; that the land to be
included in the District shall be benefited from the improvements for
3
328033685vl 1214/2007
which the District is proposed to be formed; that the District shall
be formed and exist pursuant to the terms and provisions of the Act as
such terms and provisions are modified, waived or restricted pursuant
to agreements to be entered into by and among Petitioners, the
Municipality and the District; that public convenience and necessity
require the adoption of the Resolution; and that the Municipality
shall in no way be liable for the payment of any of the costs of the
public infrastructure described in the General Plan, nor liable for
any liability, debt or obligation of the District;
WHEREFORE, as this Petition is signed by the owners of all
the land to be in the District and there are not now, and shall not be
within fifty (50) days preceding the first anticipated election of the
District, residents on the land in the District, any requirements of
posting, publication, mailing, notice, hearing and election otherwise
required by the Act in connection with adoption of the Resolution are
waived, and the Municipality may, on receipt of this Petition, adopt
the Resolution to declare the District formed without being required
to comply with such provisions for posting, publication, mailing,
notice, hearing or election; and
WHEREFORE, Petitioners respectfully pray that this Petition
be properly filed as provided by law; that the Municipality adopt the
Resolution and declare and order the District formed without being
required to comply with the provisions for posting, publication, mail-
ing, notice, hearing and election otherwise required by the Act in
connection with the Resolution; and that such other orders, acts,
procedure and relief as are proper, necessary and appropriate to the
328033685vt 12/4/2007
4
purposes of organizing the District and to the execution of the
purposes for which the District shall be organized be granted as The
Honorable Town Council of the Municipality shall deem proper and
necessary.
[BALANCE OF PAGE LEFT BLANK INTENTIONALLY)
5
328033685vi 1214f2007
, 2007.
RESPECTFULLY SUBMITTED this 0 day of D&e4.W
VC/M GLADDEN Ilt LLC# an Arlyona Ilinited
liability company
By: Its Managing Member, Forest City Land
Group, Inc., an Ohio corporation
vm;??7 .............
NORTHWEST HOSPITAL, LLC, a DelOllare limited
liability company
................
B y
Printed N-ame:
Title: ... Q-'Pi 0t ...........................
5
The undersigned, as beneficiary and assignee under the
following encumbrances, hereby consent to and join in the foregoing
Petition and to the provisions thereof:
Deed of Trust, dated July 29r 2005, from FC/M
Gladden II, LLC to Fidelity National Title
Insurance Company for the benefit of Residential
Funding Corporation, recorded on July 29, 2005,
in Docket 12605, page 6002 of the Office of the
Recorder of Pima County, Arizona
Dated; Wtq-. ., 2007
BENEFICIARY:
RESIDENTIAL FUNDING CORPORATION, a
Delaware corporation
Pr t. a .:4MjA;L!t;';jQ . ........
tle: .......
Assignment of Beneficial Interest recorded on
August 26, 2005, in Docket 12625, Page 6005 under
Deed of Trust, dated July 29, 2005, from FC/M
Gladden II, LLC to Fidelity National Title
Insurance Company for the benefit of Residential
Funding Corporation, recorded on July 29, 2005,
in Docket 12605, page 6002 of the Office of the
Recorder of Pima County, Arizona
Dated: U. . . , 2007
ASSIGNEE:
RFC CONSTRUCTION FUNDING CORPORATIONt
a Delaware corporation
Pri ed'N
T1 ... '.. : . ....... ..............
6
STATE OF ARIZONA
) 53.
COUNTY OF PIMA
The fore. i t ant was acknowledged before me On this
day of . . vile. .4 2001, by Dean Wingert, Vice
goo , 5r " .........
Presi?e?t- of Forest City Land Group, Inc., an Ohio corporation,
mastaging member of FC/M Gladden 11., LLC, an Arizona limited liability
company, on behalf of the limited liability company.
KtQELA
L
'14clity ubllo - Aftn.
I ! UNTY
my commission expires; 141cli sa n Expices
1?: AS ON I* 0MB ER 15 9000 1
STATE OF
NIP!
COUNTY OF . 1*14,1W )
.?A on this
The forego nq ins rument was acknowledged be ore m
-W4-4 n
... dAy of ..teterp4N1 2007, by Z. A
................... I an authorized representative of Norfhwe-rj-
5p.4nj LLy I &-uaawoze ILY 63f cd iiovw?4 C-Owpa'yq
IN WITNESS WHORSOP, I hereunto sot my hand and official
seal.
14y commission expires:
. 6. -4 N- A414?
.4
STATE MY commission
F
TENNESSEE EXPIMS
PUBLIC NovemberT,20il
7
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before Me On this
........ 2007, by
day of A
........ ...' an authorized representative of Residential
runding Corporation, a Delaware corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
My commission expires.
. .. ..............
Notary Public $01110 1 $offs,,#
...........
0
%
4
.STATE OF
COUNTY OF
The foregoing instrument was acknowledggd before me on this
day of ....... 2007, by
2
...... - .......... an authorized representative of RFC Construction
Funding Corporation, a Delaware corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Notary Public
My commission expires;
O*TAI?
71. 1.2 /A9PcI .......
0
y ov
ATTACHMENT:
E4HIBIT A Legal Description Of Property To Be Include(TV"The
District
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY TO
BE INCLUDED IN THE DISTRICT
Blocks 26 thru 43 of Gladden Farms Blocks 26-43, as shown on the plat
recorded in Book 62 of Maps and Plats, Page 64, records of Pima
County, Arizona;
EXCEPT for the following described parcel:
COMMENCING at the most Northerly corner of Block 30 of said
subdivision;
THENCE South 00030'09" East 838.61 feet upon the West line of said
Block 30 to the POINT OF BEGINNING;
THENCE North 89029151" East 100.00 feet;
THENCE South 0003010911 East 35.00 feet;
THENCE South 8902915111 West 100.00 feet;
THENCE North 00030109" West 35.00 feet to the POINT OF BEGINNING.
A-1
328033685vl 12142007