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Home My WebLink AboutResolution 2005-079 development agreement for san lucas MARANA RESOLUTION NO. 2005-79 RELATING TO DEVELOPMENT; AUTHORIZINGTIffi EXECUTION OF A DEVELOPMENT AGREEMENT WITH BCIF, LLC RELATING TO THE SAN LUCAS DEVELOPMENT PROJECT. WHEREAS, the growing population ofthe 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 San Lucas development will jointly benefit from the development of the roadway, utility and park facilities projects; and WHEREAS, it is in the best interest of the citizens of the Town of Marana to improve the capacity of the Town's existing public roadway, utility and park facilities by encouraging the development of additional public parks and improvement of arterial and collector roadways at the time of new development; 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 BCIF, LLC for the purposes of establishing an agreement to improve, fund, and convey to the Town public roadway and park facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 5th day ofJuly, 2005. P ~ Mayor ED HONEA ATTEST: ~~~ fb,.. Jocelyn . Bronson Town Clerk \ lo" """""""~ ~'OF ~ ~~~\\,'''rr'"", ~ ~O~ ~ ~ ::: ~ # CORPORATE' re; ~ _Soool= = iSEALS ;: ~'t, iI ~ ~ ~ ~ ~ ~ ~ ~'IIII1"'\~ ~ ~ ~/Z ,\~I'~ ~111,il"\\~ .1 F. ANN RODRIGUEZ, RECORDER RECORDED BY: ALH DEPUTY RECORDER 0726 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12837 5269 5 20061261134 06/30/2006 16:12 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 AG MAIL AMOUNT PAID $ 8.00 TOWN OF MARANA DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR SAN LUCAS THIs AGREEMENT (this" Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and BCIF GROUP, LLC , AN ARIZONA LIMITED LIABILITY COMPANY (the "Developer"). The Town and the Developer are sometimes collec- tively 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 ARS. 99-500.05. B. The Town has adopted certain development impact fees for roads and regional parks pursuant to ARS. 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 57 of Maps and Plats, Page 55 ("San Lucas"). D. The Developer is entitled to credit pursuant to ARS. 9 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 San Lucas. E. The Parties desire to memorialize their agreement concerning the amount of the devel- opment impact fee credit applicable to San Lucas. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Credit toward arterial roadway development impact fees. l, I~"~I ,jl~;.. ""'/', ~i"; 11m ~:jp I~:il! 1.1. Total value. The total value of arterial roads provided by the Developer to the Town in connection with the development of San Lucas, including the value of any and all arterial road right-of-way conveyed to the Town and any and all allowable arterial roadway construction costs, is $4,301,309.00. WII !!:;i ii" ~~r, t,~ :!:~ 1.2. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of San Lucas is 790. 1.3. Credit per lot. The credit against arterial roadway development impact fees is $5,595.00 per lot. {000OO905.DOC /} - 1 - 612012005 8:50 PM FIe /,/ --... J .. . . 1.4. Currentfee. As of the date of this Agreement, the Town's arterial roadway development impact fee that would apply to San Lucas before the credit is $5,941.00. Subtracting the $5,595.00 credit, the current arterial roadway development impact fee for San Lucas is $346.00 per lot. 1.5. Future fee revisions. If the Town amends its arterial roadway development fee applica- ble to San Lucas, the fee per lot shall be the then-applicable fee minus $5,595.00. 1.6. Actual construction and dedication as condition of credit. The credit against arterial roadway development impact fees calculated in accordance with this paragraph 1 shall apply only to the extent the arterial roadway construction and dedication has been completed or is in progress to the reasonable satisfaction of the Town. 2. Credit toward regional park development impact fees. 2.1. Total value. The total value of regional parks provided by the Developer to the Town in connection with the development of San Lucas, including the value of any and all regional park lands conveyed to the Town and any and all allowable regional park construction costs, is $2,693,250.00. 2.2. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of San Lucas is 790. 2.3. Credit per lot. The credit against regional park development impact fees is $3,409.56 per lot. 2.4. Current fee. As of the date of this Agreement, the Town's regional park development impact fee that would apply to San Lucas before the credit is $2,884.00. Subtracting the $3,409.56 credit, the current regional park development impact fee for San Lucas is $0.00 per lot. 2.5. Future fee revisions. If the Town amends its arterial roadway development fee applica- ble to San Lucas, the fee per lot shall be the then-applicable fee minus $3,409.56. 2.6. Actual construction and dedication as condition of credit. The credit against regional park development impact fees calculated in accordance with this paragraph 2 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. 3. Miscellaneous t Ij:.;~ iil. ~:~~ 'Il~ 7 ~~ !!:~ ,'''# lilt. ".1 l:g 3.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 3.2. Cancellation for 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 WTINESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. {000OO905.DOC I} - 2 - 6/20/2005 8:50 PM FJe ,.-_l .. . TOWN: THE TOWN OF MARANA, an Arizona municipal corporation By u~ Ed Honea, Mayor Date: 3"u.\~ ; I 'd.ool) ATTEST: ~~.~ {(If' Jocelyn . Bronson, Clerk APPROVED AS TO FORM: I ,/ /' ~. "..-' DEVELOPER: BCIF GROUP, LLC, AN ARIZONA LIMITED LIABILITY COMPANY By: Date: """"U""~ ~ OF~ ~ ~ ..\.~\\\"""'II'~~ ~S'~ ~ ~ :: ~ I CORPORATE \. ~ _ aii 000 :s - - = = - - ~SEAL'" - ~ ~_ I;: ~ ~ ~ ~ ~ ~ ~111I"l'\\~ # ~ ~/Z ,\~I'~ ~III'.I"\\~ Fratlk Cassidy, Town Attome. \""'.'" STATE OF ARIzONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on 5 - <j -CJ <.:::? by Robert Zammit, Managing Member ofBCIF GROUP, LLC , AN ARIZONA LIMITED LIABILITY COMPANY, on behalf of the corporation. /~~~ . Notary Public ..11, ~~~" l;:l J!'''~ ,1, "'''I' ,I ~:\I ij"'" ":::" II" I~(lt~ ,I t {000OO905.DOC I} 6/20/2005 8:50 PM FJe 3 " Credit Analysis for Development Impact Fees. Project Name: San Lucas Roadways: Right of Way conveyed: 22.16 Acres (see note 1) Value: $664,899 or $842 per lot for 790 lots. This is a credit to be applied against impact fee liability. Cost of Construction Construction Cost for: Cochie Canyon (3 lane):$1,930,819 (Book Value $2.5 Mlmile) Cochie Canyon (varies): $653,770 (see note 4) Adonis (1/2 of 4 lane divided): $1,064,254 (Book Value $2.25 Mlmile) Turn bay improvements at interchange: $106,054 (see note 5) Value of $3,754,897 or $4,753 per lot for 790 lots. Total impact fee credits amount to $5,595 per lot. The remaining impact fee liability is $346 per lot. Parks: Park land conveyed to Town: 11.97 ac (usable) Value: $359,100, or $454.56 per lot for 790 lots. This is a credit to be applied against impact fee liability. Park Improvements Constructed: 11.97 ac. (privately constructed: use $195,000/ac) Value: $2,334,150 or $2,955 per lot for 790 lots. This amount exceeds the Impact fee liability for the project. t 1i'~Fli H~' 1;:1 II"'~ ",$ '7 ij!~ !:;'i "'j ,:i!~ ::;2 Notes: 1. Right of way conveyed for roads is ordinarily included in the "book value" of the roadways constructed. Where partial construction is performed, additional credit must be granted for right of way granted for future expansion. In this project, additional right of way for Adonis, Cochie Canyon (east of Adonis only) and Postvale Road is provided, and must be credited. . . <" 2. Park land conveyed to the Town has a primary function as a drainage facility. 75% of Block A determined to be usable and 35 sf per linear foot of Block B usable for trail and amenities. 3. If reimbursement from impact fee receipts for transportation was preferred to the elimination of the impact fee, Proof of actual construction cost must be presented, and reimbursement up to the amount of the impact fee, less right of way discount. 4. Cochie Canyon west of Adonis has 272' of 4 lane undivided, 535' of taper, and 188' of3 lane undivided. Value of road improvements is: 272' @ $852; 535' @ $639; 188' @ $426 for a sum of $653,770 5. Turn Bay improvements on frontage road and ramps $106,054 per Borderland bid of 12/14/05 ::l ~;~: ~;t ~3 ":i' l~ II u::i ~';"~ ,::~, :::r~