HomeMy WebLinkAboutResolution 2008-079 development agreement for impact fees for tangerine crossingMARANA RESOLUTION N0.2008-79
RELATING TO DEVELOPMENT: APPROVING AND AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEEMENT WITH TANGERINE ROAD ASSOCIATES
RELATING TO THE IMPACT FEES FOR THE TANGERINE CROSSING DEVELOPMENT.
WHEREAS, the Town of Marana passed Ordinance No. 2007.33 creating the Northeast
Transportation Development Impact Fee to fund future regional arterial road construction in
northeast Marana; and
WHEREAS, the development known as Tangerine Crossing has dedicated rights of way
in support of regional arterial road construction of which the Northeast Transportation
Development Impact Fee was based upon; and
WHEREAS, a previous development agreement under Resolution No. 2004-98 between
the Town and Tangerine Road Associates anticipated credits for rights of way dedications; and
WHEREAS, Arizona Revised Statures, § 9-463.05 requires that developer dedications
and improvements shall be considered for credit against applicable impact fees.
NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Mayor is authorized to execute a Development Agreement with
Tangerine Road Associates for the purposes of establishing an agreement to allow credit against
applicable impact fees. for rights of way dedications.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3`~ day of June, ~~®_
Bronson, Town Clerk
;~'~' ~ r
Ed Honea, Mayor
E' ._
F. ANN RODRIGUEZ, RECORDER DOCKET:
RECORDERa BY : K O oe PIAs _
' ~ PAGE
DEPUTY RECORDER
1861 PE3 ~
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SEQUENCE:
SMARA ~ ~ y
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TOWN OF MARANA N ~ AG
ATTN: TOWN CLERK `IRIZO~¢'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID
13320
504
4
20081080172
06/04/2008
13:06
$ 8.00
TOWN OF MARANA
DEVELOPMENT AGREEMENT REGARDING
DEVELOPMENT IMPACT FEE CREDTI'S FOR
TANGERINE CROSSING
THIS AGREEMENT (this "Agreement"} is entered into by and between the TowN o~ MARANA,
an Arizona municipal corporation (the "Town"), and TICC3R TITLE AGENCY N0.12133 and its
beneficiary TANGERINE ROAD ASSOCIATES, An Arizona General Partnership (collectively, the "De-
veloper"}. The Town and the Developer are sometimes collectively referred to as the "Parties," each
of which is sometimes individually referred to as a "Party."
RECITALS
A. This Agreement is entered into and authorized pursuant to A.R.S. § 9-500.05.
B. The Town has adopted certain development impact fees far roads pursuant to A.R.S.
§ 9-463.05.
C. The Developer is developing the lands described and depicted on the subdivision plats
recorded in the Pirna County Recorder's office at Book 60 of Maps and Plats, Page 87 (``Tanger-
ine Crossing"}; at Boak 62 of Maps and Plats, Page 20 (Amended Final Plat for Tangerine
Crossing); and a proposed plat that will contain 36 lots (Tangerine Crossing Block 3).
D. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(3} toward the
payment of the Town's adopted development impact fees based on the required dedication of
public sites and improvements provided or to be provided by the Developer in connection with
the development of Tangerine Crossing.
E. The Developer and the Town entered into a development agreement which is recorded
at Docket 12340, Page 3077. This agreement required a $3,500 per unit roadway contribution.
The agreement anticipated a development impact fee and agreed to credit the developer for the
roadway contribution and rights of way for Tangerine road if such a fee were passed.
F. The Parties desire to memorialize their agreement concerning the amount of the devel-
opment impact fee credit applicable to Tangerine Crossing.
AGREEMENT
Nov, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
faith in this Agreement, the Patties hereby agree as follows:
1. Credit toward arterial roadway development impac# fees.
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1.1. Total value. The total value of benefiting arterial rights of way dedicated by the Devel-
oper to the Town in connection with the development of Tangerine Crossing is $240,000 for 8.0
acres.
1.2. Total lots. The total number of residential lots anticipated to be constructed in connec-
tion with the development of Tangerine Crossing is 38I.
1,3. Credit per lot. The credit against arterial roadway development impact fees is $630 pet•
lot.
1.4. Current fee. As of the date of this Agreement, the Town's arterial roadway development
impact fee that would apply to Tangerine Crossing before the credit is $6,872. Subtracting the
$630 credit, the current net arterial roadway development impact fee for Tangerine Crossing is
$6,242 per lot.
I.S. Ftrtzrre fee revisions. The Town adjusts fees yearly based upon the Engineering News
Record's 20 city construction cost index {CCI). As impact fees are adjusted, the net arterial
roadway development impact fee shall be similarly adjusted. If the Town amends its arterial
roadway development fee applicable to Tangerine Crossing, the fee per lot shall be the then-
applicable fee minus a CCI-adjusted $630.
l .6. Roadway Contribution. In lieu of separate collection of Tangerine Crossing's roadway
contribution and subsequent credit of the contribution against the Town's development impact
fee, the Town will only collect the development impact fee and the roadway contribution is
hereby abolished once the development impact fee collection begins.
2. Miscellaneous
2.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the Parties.
2.2. Cancellation far conflict of interest. This agreement is subject to A.R.S. § 38-511, which
provides for cancellation in certain instances involving conflict of interest.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signahires.
To~vN:
THE TowN of MARANA, an Arizona municipal
corporation
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Ed Honea, Mayor
Date: ,~ ~~ ~e~l d
ATTEST:
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ocelyn C ronson, Clerk
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STATE OF ARIZONA } Ss
County of Pima }
The foregoing instrument was acknowledged before me on ~ ~~ ~~, ~~``~ by Dean
Wingert, itsS~Q,~tt^_~= ~~~Tangerine Road Associates, an Arizona General Partnership,
on behalf of the corporation.
My commission expires:
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STATE OF ARIZONA } ss
County of Pima }
The ~ ititt~ rr~ent wa~a kmaw~le~dged before me an
~P of TICOR TITLE A
as trustee of Trust Na. 121 3, n behalf of the trust.
My co missio exes:
Notary KELLY PEI~~UeE , .
~ Notary FublEc -Ariz;:.
P1MA COi1NTY
• ~, My Commission Expiry,
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