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Home My WebLink AboutResolution 2005-087 amended development agreement relating to gladden farms MARANA RESOLUTION NO. 2005-87 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED DEVELOPMENT AGREEMENT WITH GLADDEN FOREST, LLC, RELATING TO THE GLADDEN FARMS 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 Gladden Farms 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 Gladden Forest, 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 19"'dayofJuly,2005. ~ !I~ Mayor d Honea ATTEST: APPROVED AS TO FORM: 6,.""""""" ~, OF~'~ ~~~""",,~~ SSI~PORArE\S~ _ == C)C)O _ = eSEAL'" - .-! 'i .1;: ~ ~ ~ ~ ~ ~:II'Haa~.J1 ~ ~ 'T/Z. 19l'., ~1/1"Il'\\~ TOWN OF MARANA DEVELOPMENTAGREEMENTREGARDmG DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS THIs AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST LLC, An Arizona Limited Liability Company and FIDELITY NATIONAL TITLE AGENCY, INc., an Arizona corporation, as trustee under Trust No. 30,212 (collectively, the "Developer"). 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 AR.S. ~ 9-500.05. B. The Town has adopted certain development impact fees for roads and regional parks pursuant to AR.S. ~ 9-463.05. C. The Developer is developing the land described and depicted on the subdivision plat recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 60 ("Gladden Farms"). D. The Developer is entitled to credit pursuant to AR.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 Gladden Farms. E. The Parties desire to memorialize their agreement concerning the amount of the devel- opment impact fee credit applicable to Gladden Farms. AGREEMENT Now, TIffiREFORE, 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. 1.1. Total value. The total value of arterial roads provided by the Developer to the Town in connection with the development of Gladden Farms, 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 $7,257,000.00. {OOOOO968.DOC I} - 1 - 1.2. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of Gladden Farms is 1,741. 1.3. Credit per lot. The credit against arterial roadway development impact fees is $4,168.00 per lot. 1.4. Current fee. As of the date of this Agreement, the Town's arterial roadway development impact fee that would apply to Gladden Farms before the credit is $5,941.00. Subtracting the $4,168.00 credit, the current arterial roadway development impact fee for Gladden Farms is $1,773.00 per lot. 1.5. Future fee revisions. If the Town amends its arterial roadway development fee applica- ble to Gladden Farms, the fee per lot shall be the then-applicable fee minus $4,168.00. 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 Gladden Farms, including the value of any and all regional park lands conveyed to the Town and any and all allowable regional park construction costs, is $3,764,100.00. 2.2. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of Gladden Farms is 1,741. 2.3. Credit per lot. The credit against regional park development impact fees is $2,162.00 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 Gladden Farms before the credit is $2,884.00. Subtracting the $2,162.00 credit, the current regional park development impact fee for Gladden Farms is $722.00 per lot. 2.5. Future fee revisions. If the Town amends its arterial roadway development fee applica- ble to Gladden Farms, the fee per lot shall be the then-applicable fee minus $2,162.00. 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 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. {OOOOO968.DOC /} -2- 3.2. 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 WIlNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: DEVELOPER: 1HE TOWN OF MARANA, an Arizona municipal GLADDEN FOREST LLC, An Arizona Limited :~on c I ~~ ~:ili~company Ed Hone~ Dean Wingert, its Date: 1- / tJ.,tfJ~ Date: FIDELITY NATIONAL TITLE AGENCY, INc., an Arizona cotpOration, as trustee under Trust No. 30,212 ATTEST: By: Date: "\",n"",, ~ OF~~ ~~~ I""~ ~ SS cORP~fIA7E ~ _ 0Cl0 _ - =SEAL - ~ \ ;: ~ , ~ ~~:I" ~ ~ ~ rilZ. 19~-\.~ ~III'''''\\' {OOOOO968.DOC /} - 3 - STATE OF ARIzONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, its of GLADDEN FOREST LLC, An Arizona Limited Liability Com- pany, on behalf of the corporation. My commission expires: Notary Public STATE OF ARIzONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by , of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee of Trust No. 30,212, on behalf of the trust. My commission expires: Notary Public {00000968.DOC /} 4