HomeMy WebLinkAboutResolution 99-079 development agreement amendments for Saguaro SpringsMARANA RESOLUTION NO. 99-79
A RES OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING AND AUTHORIZING AMENDMENTS TO THE SAGUARO SPRINGS
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND BEST.
ASSOCIATES II, L.L.C., ADDING ADDITIONAL PROPERTY TO THE SAGUARO SPRINGS
DEVELOPMENT AND PROVIDING' FOR INDEMNIFICATION OF THE TOWN BY THE
DEVELOPER FOR THE TOWN'S COSTS ASSOCIATED WITH ACQUISITION OF PRIVATE
PROPERTY FOR A DRAINAGE WAY.
WHEREAS, on April 21, 1998, the Town of Marana, by Resolution No. 98-38, entered into
a Development Agreement with Best Associates II, L.L.C., for the development of certain real
property known as Saguaro Springs (formerly known as Twin Peaks); and
WHEREAS, the Development Agreement provided that modification of its terms could occur
upon subsequent agreement of the parties, in writing,. recorded in the office of the Pima County
Recorder; and
WHEREAS, the Town and the Developer wish to amend the terms of the Development
Agreement; and
WHEREAS, the Developer has acquired approximately 134 acres of additional property
contiguous to the Saguaro Springs Development, more particularly described in Exhibit A attached
hereto and incorporated herein by this reference, which has been annexed into the Town's corporate
limits and zoned to make it consistent with the rest of Saguaro Springs; and
WHEREAS, it is in the best interests of the Town and its residents to make the additional
property subject to the terms and conditions of the Development Agreement; and
WHEREAS, the Town, pursuant to Resolution No. 99-78 which was adopted by the Mayor
and Town Council on July 20, 1999, has tletermined there is a public need to acquire private property
for the purpose of situating and constructing a drainage way within the Saguaro Springs
Development; and
WHEREAS, it would be in the best interests of the Town and its residents to have Best
Associates II, L.L.C., indemnify the Town for all of the Town's costs and fees associated with
acquisition of the property needed for the drainage way; and
WHEREAS, Town staff has prepared an Amendment to the Development Agreement, which
makes the Developer's additional 134 acres subject to the terms and conditions of the Development
Agreement and also requires the Developer to indemnify the Town for all of the Town's costs and
fees associated with acquisition of the property needed for the drainage way, said Amendment is
attached hereto as Exhibit B and incorporated herein by this reference.
Marana, Arizona Resolution No. 9%79 Page 1 of 2
NOW, THEREFORE, be it resolved by the Mayor and Council of the Town of Marana,
Arizona, that the Amendment to the Saguaro Springs Development Agreement, attached hereto as
Exhibit B, is hereby approved.
BE IT FURTHER RESOLVED that the Town's Officers and Staff are authorized to execute
and deliver the Amendment and take all acts necessary to implement its purposes.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of July, 1999.
ATTEST: %
Town Clerk
AiPt~ ~.D AS TO FORM:~
As Town Attorney
and not personally
Marana, Arizona Resolution No. 99-79 Page 2 of 2
When recorded, return to:
Daniel J. Hochuli, Esq.
Daniel J. Hochuli &Associates, P.C.
220 E. Wetmore Rd., Suite 110
Tucson, AZ 85705
First Amendment to
Development Agreement
Town of Marana, Arizona
Best LLC II
Amendment to Marana/'rwin Peaks Development Agreement
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
TH IS AMENDMENT TO DEVELOPMENT AGREEMENT [hereinafter"Amendment"]
is made by and between the TOWN OF MARANA, an Arizona municipal corporation
[hereinafter "Town"] and BEST ASSOCIATES II, LLC, an Arizona limited liability company
[hereinafter "Developer"].
RECITALS
A. The Developer and the Town entered into a Development Agreement [hereinafter
"Agreement"] on May 14th, 1997, and recorded in Docket 10798 at page 663, in the
office of the Pima County Recorder, for the development of the Saguaro Springs
Project [the"Project"].
B. Pursuant to sections 1.4 and 9.15 of the Agreement, the terms of the Agreement
may be amended upon mutual agreement of the Developer and the Town, if in
writing and recorded in the office of the Pima County Recorder.
C. The Developer and the Town wish to amend the Agreement as set forth in this
Amendment.
D. This Amendment shall be subject to all of the terms and conditions contained in the
Agreement, unless expressly superceded by the terms and conditions of this
Amendment.
E. The Developer and the Town acknowledge that this Amendment operates to the
benefit of the Town, the Developer, and the public.
F. The Town and the Developer acknowledge that there is a public need for a drainage
way to be constructed within the Project, the location of said drainage way is more
particularly described on Exhibit A attached hereto and incorporated herein by this
reference.
G. The Developer has acquired two new parcels of property [the "Additional Property"]
contiguous with the property which is the subject of the Agreement. The Additional
Property is more particularly described on Exhibit B attached hereto and
incorporated herein by this reference.
H. The Town has annexed the Additional Property into its corporate limits and granted
a zoning change to make it consistent with the Project.
The Town and the Developer wish to make the Additional Property subject to the
terms of the Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
promises and agreements set forth herein, the parties hereto state, confirm and amend the
Agreement as follows:
Amendment to Marana/Twin Peaks Development Agreement 1
AMENDMENT
2
Design and Construction of the Drainage Way.
1.1 The Developer shall design and construct the drainage way to be
constructed on land owned or controlled by Town, underneath the Arizona
Portland Cement Company Quarry Road [the "Quarry Road"], pursuant to
the infrastructure plan for the Project and as approved by the Town.
Developer shall be solely responsible for all the costs associated with the
drainage way, including but not limited to the design and construction costs.
1.2 The Town does not currently own or control the necessary property rights to
construct the drainage way [the "Needed Property"]. Due to the public need
for the drainage way for regional drainage, and the benefit it would confer
upon the residents of the Town of Marana, the Town will exercise its power
of eminent domain to acquire the Needed Property. The Town shall have
sole discretion concerning all matters relating to acquisition of the Needed
Property.
1.3 The Developer shall indemnify the Town, its agents, officers, employees and
contractors, and hold them harmless for, from, and against any and all
claims and costs incurred by them in connection with acquisition of the
Needed Property and the preparation of this Amendment. Such claims and
costs shall include, but not be limited to: (i) all attorneys' fees and court
costs, whether transactional, trial or appellate in nature; (ii) all consultants'
and experts' fees; and (iii) all damages, fees, sanctions, bond premiums, and
costs, whether awarded by the court or agreed upon by the Town and the
owners of the Needed Property. The indemnity provided herein shall survive
any termination of the Agreement and the Amendment, and shall apply
regardless of the success or failure of the Town in acquiring the Needed
Property. Any and all bills, bond premiums, judgments or awards submitted
to the Developer in connection with acquisition of the Needed Property shall
be paid by the Developer within thirty (30) days of receipt by the Developer.
Inclusion of the Additional Property within the Agreement.
2.1 The annexation and rezoning of the Additional Property having been
accomplished, the Town and the Developer Agree to make the Additional
Property subject to all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and
year written below.
Date:
Amendment to Mararia/Twin Peaks Development Agreement 2
ATTEST:
TOWN OF MARANA,
an Arizona municipal corporation
Town Clerk Jocelyn C. Entz
By
Mayor Bobby Sutton, Jr.
APPROVED AS TO FORM AND AUTHORITY
The foregoing Amendment to Development
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 Mararia.
Daniel J. Hochuli, Esq.
As Town Attorney
and not personally
BEST LLC II, A Limited Liability Company
By
Its
STATE OF ARIZONA )
County of Pima )
The foregoing document was sworn to and acknowledged before me the__ day
of ,1999, by , the of
Best LLC II, a Limited Liability Company, on behalf of said limited liability company.
My commission expires:
Notary Public
Amendment to Marana/Twin Peaks Development Agreement 3
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