HomeMy WebLinkAboutResolution 2000-071 pulte development of public parkMARANA RESOLUTION NO. 2000-71
A RESOLUTION TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPIVlENT AGREEMENT
WITH PULTE HOMES FOR THE PURPOSES OF PUBLIC PARK DEVELOPMENT
WHEREAS, the growing population of the Town of Marana places increasing demand upon
the existing public parks in the region; and
WHEREAS, the Town desires to develop new public parks to meet the demands that are
placed upon the Town's park facilities as a consequence of increasing population and the
proportionate increase in park usage brought about by new growth; and
WHEREAS, the To;vn and the residents of Continental Ranch will jointly benefit from the
development of the Santa Cruz River Trail project; 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 parks through the development of additional public parks mad
facilities thereon.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the To;vn of
Marana, Arizona, that the Mayor is authorized to execute a Development Agreement with Pulte
Homes for the purposes of establishing a contribution program to fund future public park facilities
in the Continental Ranch area.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, 20th
day of June, 2000.
ATTEST:
~Jo~elY~C. Entz
Town Clerk
APPROVED AS TO FORM:
Daniel J.-I-Iochti ~Iiy
As Town Attorney and not personally
~on, Jr.
Marana Resolution No. 2000-71
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F. ANN RODRIGU RECORDER
RECORDED BY: RB~
DEPUTY RECORDER
3591 ROOF
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
D( }T: 11326
PAGE: 1608
NO. OF PAGES: 11
SEQUENCE: 20001220544
06/23/2000
AG 16:07
MAIL
AMOUNT PAID $ 11 . 00
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF MARANA, ARIZONA
AND
PULTE HOME CORPORATION
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TABLE OF CONTENTS
Page
RECITALS .............................................................................................................1
AGREEMENT .......................................................................................................2
1 Assessment of a Fee for the Improvements .................................................2
1.1 Amount of Fee Assessed.......... ........... ............. ................. ....... ........2
1.2 Timing of Fee Assessment...... ...................... ...................................2
1.3 Town Handling of Fee Receipts....................... .............. ...... ..... ......2
1.4 Application of Fees Collected to Specific Improvements ...............2
1.4.1 Rivertrail..............................................................................2
1.4.2 Balance of Fees....................................................................2
1.5 Satisfaction of Plan Requirements...................................................2
2. Protected Development Rights.................................................................... 2
2.1 Purpose................................................ ............................ .................2
2.2 Protected Development Rights .......................... ................. .............2
3. General Provisions....................................................................................... 3
3.1 Recitals Incorporated....................................................................... 3
3.2 Headings..........................................................................................3
3.3 Exhibits. ..................... ....... ..................... ...... ............ ........... ..... ........3
3.4 Entire Agreement............................................................................. 3
3.5 Further Acts..................................................................................... 3
3.6 Recordation...................................................................................... 3
3.7 Amendments.................................................................................... 3
3.8 Future Effect....................................................................................3
3.8.1 Time of Essence....................... ............................................3
3.8.2 Successors and Assigns .......................................................4
3.8.3 Term.....................................................................................4
3. 9 Notices.............................................................................................4
3.10 Default; Remedies..... ...................... ...................... ...........................5
3 .11 Force Majeure.................................................................................. 6
3.12 Attorneys ' Fees................................................................................ 6
3.13 Governing Law................................................................................ 6
3.14 Cooperation in the Event of Legal Challenge..................................6
3.15 Severability...................................................................................... 6
3 .16 No Partnership ............................................. ........................ ...... ...... 6
3.17 Counterparts..................................................................................... 7
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DEVELOPMENT AGREEMENT
..,- This Development Agreement (the "Agreement") dated
0u.V1e 'Z-O ,2000 for reference purposes only, is entered into by and between
THE TOWN OF &rARANA, an Arizona municipal corporation (the "Town"), and PULTE
HOME CORPORATION, a Michigan corporation ("Pulte").
RECITALS:
A. Pulte owns certain land located within the Town, generally described
as Parcels 19 (Cooper Moon), 24 and 29 (Desert Traditions I and II), 42, 43, 47 and
69 of the Continental Ranch Specific Plan (collectively, the "Property").
B. The Continental Ranch Specific Plan (the "Plan") provides zoning
guidance for the development of the Property. Among other things, the Plan
identifies the responsibilities of developers to provide certain park and recreation
improvements within the area governed by the Plan (collectively, the
"Improvements"). Included among the Improvements are a rivertrail (the
"Rivertrail"), located within the Santa Cruz River overbank, and other facilities,
such as lighted ballfields, that will be provided elsewhere in the Plan area.
C. The Town and Pulte wish to establish a uniform and equitable method
of assessing Pulte's share of the Improvements, including the amount and timing of
the contributions, and the allocation of contributions imposed on Pulte to specific
Improvements.
D. The Town and Pulte desire that the Property will be developed in
accordance with the Plan, as amplified and supplemented by this Agreement. The
Town and Pulte acknowledge that this Agreement is intended to be consistent with
the Plan, and operates to the benefit of the Town, Pulte, and the general public.
E. The Town and Pulte understand and acknowledge that this Agreement
is a "development agreement" within in the meaning of, and entered into pursuant to
the terms of, A.R.S. S 9-500.05, in order to facilitate the development of the Property
by providing for, among other things, conditions, terms, restrictions and requirements
for the funding of certain public infrastructure more particularly described herein, and
other matters related to the development of the Property.
F. The Town and Pulte acknowledge that the development of the
Property pursuant to this Agreement will result in planning and economic benefits to
the Town and its residents by, among things, requiring development of the Property
consistent with the Plan.
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G. The Town's governing body has authorized the execution of this
Agreement by Resolution No.U>OO -71 , to which this Agreement is attached.
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AGREEMENT:
Now, therefore, in consideration of the promises and the mutual
obligations contained herein, the TOWN and PUL TE agree as follows:
1. Assessment of a Fee for the Improvements.
1.1. Amount of Fee Assessed. The Town will assess each subdivided
lot used for residential dwelling purposes a fee in the amount of Five Hundred
Dollars and No/Cents ($500.00) for the Improvements.
1.2. Timing of Fee Assessment. The fee shall be paid by Pulte to the
Town on a quarterly basis for all lots which have been sold during the preceding
quarter, as evidenced by a close of escrow.
1.3. Town Handling of Fee Receipts. The Town shall track fees
received from Pulte and accrued interest for use as provided in Section 1.4 of this
Agreement. The fees so held by the Town will not be used for purposes other the
development of the Improvements.
1.4. Application of Fees Collected to Specific Improvements. The
Town will apply the fees received from Pulte to the development of the
Improvements as follows:
1.4.1. Rivertrail. Of each fee received in the amount of
$500.00, the Town will apply Three Hundred Twenty-Two Dollars and No/Cents
($322.00) to the Rivertrail.
1.4.2. Balance of Fees. The remaining One Hundred Seventy-
Eight Dollars and No/Cents ($178.00) of the fee received for each lot may be applied
by the Town to other eligible public park Improvements.
1.5. Satisfaction of Plan Requirements. The Town and Pulte agree
that by payment of the contributions contemplated in this Agreement, Pulte will have
satisfied all on-site and off-site requirements placed upon Pulte by the Plan for the
construction of funding of the Improvements.
2. Protected Development Rights.
2.1. Purpose. One of the purposes of this Agreement is to establish
legally protected rights for the development of the Property in a manner which is
consistent with the Plan and this Agreement, in order to ensure reasonable certainty,
stability and fairness to Pulte over the term of this Agreement.
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2.2. Protected Development Rights. Pulte shall be entitled to develop
the Property during the term of this Agreement with the permitted uses, density and
intensity of uses, and maximum height and size of buildings as permitted by the Plan,
the Town's development code, federal, state and local laws, and this Agreement (the
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"Protected Development Rights"). Pulte's Protected Development Rights shall not
be substantially impaired as a result of the Town's adoption and enforcement of any
amendment to the Plan, or other ordinance, rule, regulation, and/or official policies of
the Town adopted or approved after the Effective Date.
3. General Provisions.
3.1. Recitals Incorporated. The recitals set forth above are accepted
by the parties to be true and correct and are incorporated herein by this reference.
3.2. Headings. The descriptive headings of the sections of this
Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the Agreement's provisions.
3.3. Exhibits. Any exhibit attached to this Agreement shall be
deemed to have been incorporated in this Agreement by this reference with the same
force and effect as ifit were fully set forth in the body of the Agreement.
3.4. Entire Agreement. This Agreement and the attached exhibits
constitute the entire agreement between the parties pertaining to the subject matter of
the Agreement. All prior and contemporaneous agreements, representations and
understandings of the parties, oral or written, are superseded and merged in this
Agreement.
3.5. Further Acts. Each of the parties to this Agreement shall
promptly and expeditiously execute and deliver all of such documents and perform all
of such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
3.6. Recordation. This Agreement shall be recorded in its entirety in
the official records of Pima County, Arizona not later than ten (10) days after this
Agreement is executed by the Town and Pulte.
3.7. Amendments. No change or addition is to be made to this
Agreement except by a written amendment executed by the Town and Pulte. Within
ten (10) days after any amendment to this Agreement, such amendment shall be
recorded in the official records of Pima County, Arizona. The parties agree to
conduct a review of the Agreement annually on the anniversary of the Effective Date
for the purpose of identifying mutually acceptable, necessary or desirable changes to
the Agreement.
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3.8. Future Effect.
3.8.1. Time of Essence. Time is of the essence of this
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Agreement.
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3.8.2. Successors and Assigns. Subject to the provisions of
this section, all of the provisions of this Agreement shall inure to the benefit of and be
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binding upon successors and assigns of the parties to this Agreement pursuant to
A.R.S. S 9-500.05(D). Pulte may assign all or a portion of its rights and obligations
under this Agreement, provided:
3.8.2.1. The assignment is to a person or entity that has
acquired all or a portion of the Property; and
3.8.2.2. The assignment is by written instrument,
expressly assigning such rights and obligations, recorded in the official records of
Pima County, Arizona.; and
3.8.2.3. In the event of a complete assignment by Pulte
of all of the rights and obligations ofPulte under this Agreement, Pulte's liability
under the Agreement shall terminate effective upon the assumption by Pulte's
assIgnee.
3.8.3. Term. This Agreement shall become effective upon its
execution by all parties and the taking of effect of a duly authorized resolution of the
Town's governing body (the "Effective Date"). The term of this Agreement shall
commence upon the Effective Date and shall automatically terminate on the twenty-
fifth (25) anniversary of such date or such earlier date as mutually agreed by the
parties. The parties further agree to cooperation in the recordation of any such
termination.
3.9. Notices. All notices, requests, demands or other
communications ("Notices") required by this Agreement or otherwise given in
respect of any matter with which disagreement is concerned shall be in writing and
served by personal delivery or deposited within the u.s. Postal Service, certified
mail, return receipt requested, with proper postage affixed, addressed and directed to
the party to receive the same as follows:
If to the Town:
Clerk ofthe Town of Marana
13251 Lon Adams Road
Marana, Arizona 857653
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With copies to:
Town of Marana Planning Director
3696 West Orange Grove Road
Tucson, Arizona 85741
Daniel 1. Hochuli, Esq.
Daniel 1. Hochuli & Associates
220 West Wetmore Road, Suite 110
Tucson, Arizona 85705
If to Pulte:
Randall J. Bury
Pulte Home Corporation
7493 North Oracle Road, Suite 115
Tucson, Arizona 85704
With copies to:
Frank S. Bangs, Jr., Esq.
Lewis and Roca LLP
One South Church, Suite 700
Tucson, Arizona 85701-1620
Except as otherwise specifically stated in this Agreement, all Notices shall
be effective upon delivery and shall be deemed delivered on the date when actually
received. Any party may designate a different person or entity or change the place to
which any Notice shall be given as provided in this Agreement, which Notice shall be
effective after the same is actually received by the other party.
3.10. Default; Remedies. If either party hereto defaults (the
"Defaulting Party") with respect to any of such party's obligations hereunder, then
the other party hereto (the "Non-Defaulting Party") shall be entitled to give written
notice in the manner prescribed in Section 3.9 to the Defaulting Party, which notice
shall state the nature of the default claimed and make demand that such default be
corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of
such notice within which to correct such default if it can reasonably be corrected by
the payment of money, or (ii) sixty (60) days from the date of such notice to cure
such default if action other than the payment of money is reasonably required, or if
any such non-monetary default cannot reasonably be cured within sixty (60) days,
then such longer period as may be reasonably required, provided and so long as such
cure is promptly commenced within such period and thereafter diligently prosecuted
to completion. If any such default is not cured within the applicable time period(s)
set forth above in this Section 3.10, then the Non-Defaulting Party shall be entitled to
commence an action at law or in equity in the Pima County Superior Court. The
parties hereto agree that due to the size, nature and scope of the Development, and
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due to the fact that it may not be practical or possible to restore the Property to the
condition which existed prior to Pulte's development and improvement work, once
implementation of this Agreement has begun, money damages and remedies at law
will likely be inadequate and that specific performance will likely be appropriate for
the enforcement of this Agreement. This Section 3.10 shall not limit any other rights,
remedies, or causes of action that either party may have at law or in equity.
3.11. Force Majeure. Notwithstanding any other term, condition or
provision hereof to the contrary, in the event any party hereto is precluded from
satisfying or fulfilling any duty or obligation imposed upon such party by the terms
hereof due to labor strikes, material shortages, war, civil disturbances, weather
conditions, natural disasters, acts of God, or other events beyond the control of such
party, the time period provided herein for the performance by such party of such duty
or obligation shall be extended for period equal to the delay occasioned by such
events.
3.12. Attorneys' Fees. In the event either party hereto shall
commence any civil action against the other to enforce or terminate this Agreement
or to recover damages for the breach of any of the provisions, covenants or terms of
this Agreement on the part of the other party to be kept and performed, the prevailing
party in such civil action shall be entitled to recover from the other party, in addition
to any relief to which such prevailing party may be entitled, all costs, expenses and
reasonable attorneys' fees incurred in connection therewith.
3.13. Governing Law. This Agreement is entered into in Arizona and
shall be construed and interpreted under the laws of Arizona. In particular, this
Agreement is subject to the provisions of A.R.S. S 38-511.
3.14. Cooperation in the Event of Legal Challenge. In the event of
any legal action or proceeding instituted by a third party challenging the validity of
any provision of this Agreement, the parties agree to cooperate in diligently
defending such action or proceeding.
3.15. Severability. If any term, provision, covenant, or condition of
this Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall continue in full force
and effect, provided that the overall intent of the parties is not vitiated by such
severability.
3.16. No Partnership; Third Parties. It is not intended by this
Agreement to, and nothing contained in this Agreement shall, create any partnership,
joint venture or other arrangement between Pulte and the Town. No term or
provision of this Agreement is intended to, or shall, be for the benefit of any person,
firm, organization or corporation not a party to this Agreement, and no such other
person, firm, organization or corporation shall have any right or cause of action under
this Agreement.
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3.17. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. The signature pages from one or more
counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signatures of all parties may be physically
attached to a single document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
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TOWN OF MARANA, an Arizona
municipal corporation
By:
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ATTEST:
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APPROVED AS TO FORM AND AUTHORITY:
The foregoing Agreement has been reviewed by the undersigned attorney, who has
determined that it is in proper form and within the power and authority granted under
the laws of the State of Arizona to the Town of Marana.
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Daniel J. o. 1, own Attorney
Dated: ~- AtP-&-tJ
STATE OF ARIZONA )
) ss.
County of Pima )
-r:- The foregoing instrument was acknowledged before me this d1 ~
day of J tJ JJe.. ,2000 by 'BoBBY SIJ;-t-ON --:-
Mayor, Town of Marana.
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DIANE MANGIALARDI
My Appointment Expires 03-17-Q4
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PUL TE HOME CORPORATION,
a Michigan corporation
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Dated: (Pt q \ 00
STATE OF ARIZONA )
) ss.
County of Pima )
2 The foregoing instrum~t was ayknowled ed before!'1e this C;t1
day of 'S.J...JlJJ€- , 2000 bY&.rJ~ ,Dtl~, oe<<t ,.J c-,-ofPulte
Home Corporation, a Michigan corporatio , on b alf of the co oratIon.
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Notary Public
My Commission Expires:
/0 //- b,()03
/ /
" OFFICIAL SEAL
PAULA MEADE
Notary Public. State of Arizona
PIMA COUNlY
My Comm. Expires Oct 14, 2003
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