HomeMy WebLinkAboutResolution 2005-078 development agreement for ironwood reserve
MARANA RESOLUTION NO. 2005-78
RELATING TO DEVELOPMENT; AUTHORIZING THE EXECUTION OF A DEVELOPMENT
AGREEMENT WITH HB LAND DEVELOPMENT COMPANY II RELATING TO THE
IRONWOOD RESERVE DEVELOPMENT PROJECT
WHEREAS, the growing population of the Town of Maran a places increasing demand upon
the existing public infrastructure and parks in the region; and
WHEREAS, the Town desires to develop new public infrastructure and parks to meet the
demands that are placed upon the Town's roadway, utility and park facilities as a consequence of
increasing population and the proportionate increase in usage brought about by new growth; and
WHEREAS, the Town and the residents of the Ironwood Reserve development will jointly
benefit from the development of the park facilities projects; and
WHEREAS, it is in the best interest of the citizens of the Town of Maran a to improve the
capacity of the Town's existing public park facilities by encouraging the development of additional
public parks at the time of new development; and,
WHEREAS, HB Land Development Company II has conveyed to the Town an unimproved
public park of 4.48 acres in size; and,
WHEREAS, Arizona Revised Statutes, ~ 9-463.05 requires that developer dedications and
improvements shall be considered for credit against applicable impact fees.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Mayor is authorized to execute a Development Agreement with lIB Land
Development Company II, for the purposes of establishing a revised park impact fee schedule for new
development in the Ironwood Reserve development.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
5" day ofJuly, 2005. If ~
Mayor ED HONEA
ATTEST:
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~ Jocelyn . Bronson
Town Clerk
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APPROVED AS TO FORM:
TOWN OF MARANA
DEVELOPMENT AGREEMENT REGARDING
DEVELOPMENT IMPACT FEE CREDITS FOR
IRONWOOD RESERVE
lHIs AGREEMENT (this" Agreement") is entered into by and between the TOWN OF MARANA,
an Arizona municipal corporation (the "Town"), and lIB LAND DEVELOPMENT COMPANY IT, an Ari-
zona Corporation (the "Developer"). The Town and the Developer are sometimes collectively re-
ferred 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 AR.S. 99-500.05.
B. The Town has adopted certain development impact fees for roads and regional parks
pursuant to A.R.S. 99-463.05.
C. The Developer is developing the land described and depicted on the subdivision plat
recorded in the Pima County Recorder's office at Book 58 of Maps and Plats, Page 78-81
("Ironwood Reserve, Blocks 1,2,3,4").
D. The Developer is entitled to credit pursuant to AR.S. 9 9-463.05(BX3) 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 ofIronwood Reserve, Blocks 1,2,3,4.
E. The Parties desire to memorialize their agreement concerning the amount of the devel-
opment impact fee credit applicable to Ironwood Reserve, Blocks 1,2,3,4.
AGREEMENT
Now, TIIEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Credit toward regional park development impact fees.
1.1. Total value. The total value of regional parks provided by the Developer to the Town in
connection with the development of Ironwood Reserve, Blocks 1, 2, 3, 4, including the value of
any and all regional park lands conveyed to the Town and any and all allowable regional park
construction costs, is $134,400.00.
1.2. Total lots. The total number of residential lots anticipated to be constructed in connec-
tion with the development ofIronwood Reserve, Blocks 1,2,3,4 is 296.
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1.3. Credit per lot. The credit against regional park development impact fees is $454.00 per
lot.
1.4. Current fee. As of the date of this Agreement, the Town's regional park development
impact fee that would apply to Ironwood Reserve, Blocks 1, 2, 3, 4 before the credit is
$2,884.00. Subtracting the $454.00 credit, the current regional park development impact fee for
Ironwood Reserve, Blocks 1,2,3,4 is $2,430.00 per lot.
1.5. Future fee revisions. If the Town amends its arterial roadway development fee applica-
ble to Ironwood Reserve, Blocks 1,2, 3,4, the fee per lot shall be the then-applicable fee minus
$454.00.
1.6. Actual construction and dedication as condition of credit. The credit against regional
park development impact fees calculated in accordance with this paragraph 1 shall apply only to
the extent the regional park construction and dedication has been completed or is in progress to
the reasonable satisfaction of the Town.
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. Cancellationfor 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 WI1NESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TOWN:
DEVELOPER:
THE TOWN OF MARANA, an Arizona municipal
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Ed Honea, Mayor
HB LAND DEVELOPMENT COMPANY II, an
Arizona corporation
By:
David Goldstein, President and Managing
Partner - Diamond Ventures
Date: Jv.\ ~ 5 J do ous
Date:
ATTEST:
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-for Jocelyn C. Bronson, Clerk
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STATE OF ARIzONA )
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County of Pima )
The foregoing instrument was acknowledged before me on by David
Goldstein, President and Managing Partner of Diamond Ventures, on behalf ofHB Land Devel-
opment Company II, an Arizona corporation.
My commission expires:
Notary Public
{OO000926.DOC /}
3
Credit Analysis for Development Impact Fees.
Project Name:
Ironwood Reserve
Roadways: per South Marana Transportation Benefit Area
Parks:
Park land conveyed to Town: 4.48acres, undeveloped
Dedication only, no improvements made to trailhead. Credit for land only at
$30,000/ acre.
Value: $134,400, or $454 per lot for 296 lots. Credit applied against impact fee
liability.
Impact fee amount, after credits $2430