HomeMy WebLinkAbout06/20/2006 Blue Sheet Real Estate Exchange and Development Agreement
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: June 20, 2006
AGENDA ITEM: J. 3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-92: Relating to Development; approving and
authorizing the execution of an amendment to the real estate ex-
change and development agreement with Reyher Partnership and
Marana 348 Limited Partnership regarding the Marana Munici-
pal Complex site.
DISCUSSION
The Town entered into a Real Estate Exchange and Development Agreement with Reyher Part-
nership and Marana 348 Limited Partnership (the "Owners") on October 7, 2003, recorded at
Docket 12154, Page 2148, Pima County Recorder's Office (the "Original Agreement"). The
Original Agreement specified, among other things, that the Town would construct Civic Center
Drive and Marana Main Street, provide lighting, landscaping, drainage, and other improvements,
and that the Owners would pay $441,837 as their fair share contribution toward that construction.
The Town has completed construction of the infrastructure and has now determined that an addi-
tional roadway connection is desirable to connect Marana Main Street to Sandario Road. The
Owners are willing and able to undertake the construction, land acquisition, and land dedication
obligations set forth in the proposed Amendment to the Original Agreement in exchange for full
satisfaction of the Owners' $441,837 obligation to the Town. Public Works staff has reviewed
the probable cost of the connection and has determined that this is a fair deal.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2006-92, approving and authorizing the Mayor to
execute the Amendment to the Original Agreement.
ATT ACHMENT(S)
Amendment to the Original Agreement.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-92.
{00002263.DOC /}
FJC/cds 6/14/06
MARANA RESOLUTION NO. 2006-92
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO THE REAL ESTATE EXCHANGE AND DEVELOPMENT
AGREEMENT WITH REYHER PARTNERSHIP AND MARANA 348 LIMITED
PARTNERSHIP REGARDING THE MARANA MUNICIPAL COMPLEX SITE.
WHEREAS, the Town entered into a Real Estate Exchange and Development
Agreement with Reyher Partnership and Marana 348 Limited Partnership (the "Owners") on
October 7, 2003, recorded at Docket 12154, Page 2148, Pima County Recorder's Office (the
"Original Agreement"); and
WHEREAS, the Original Agreement specified, among other things, that the Town would
construct Civic Center Drive and Marana Main Street, provide lighting, landscaping, drainage,
and other improvements, and that the Owners would pay $441,837 as their fair share contribution
toward that construction; and
WHEREAS, the Town has completed construction of the infrastructure and has now
determined that an additional roadway connection is desirable to connect Marana Main Street to
Sandario Road; and
WHEREAS, the Owners are willing and able to undertake the construction, land
acquisition, and land dedication obligations set forth in the proposed Amendment to the Original
Agreement in exchange for full satisfaction of the Owners' $441,837 obligation to the Town; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Amendment
to the Original Agreement are in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Amendment to the Original Agreement between the
Town of Marana and the Owners, attached to and incorporated by this reference in this resolution
as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on
behalf of the Town of Marana.
{00002262.DOC /}
FJC/cds 6/14/06
BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the aforementioned agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of June, 2006.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00002262.DOC /}
FJC/cds 6/14/06
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AMENDMENT TO REAL ESTATE EXCHANGE
AND DEVELOPMENT AGREEMENT
THIS AMENDMENT ("Amendment") is made and entered into by and between THE TOWN OF
MARANA, an Arizona municipal corporation (the "Town"), REYHER PARTNERSHIP, an Arizona
general partnership ("Reyher") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited
partnership ("Marana 348"). Reyher and Marana 348 are referred to collectively as the
"Owners." The Town and the Owners are sometimes collectively referred to as the "Parties."
RECITALS
A. The Town entered into a Real Estate Exchange and Development Agreement with the
Owners on October 7, 2003, recorded at Docket 12154, Page 2148, Pima County Recorder's
Office (the "Original Agreement").
B. The Original Agreement specified, among other things, that the Town would construct
Civic Center Drive and Marana Main Street and provide lighting, landscaping, drainage, and
other improvements, and that the Owners would pay $441,837 as their fair share contribution
toward that construction.
C. The Town has completed construction of the infrastructure identified in paragraph B
above.
D. The Town has determined that an additional roadway connection is desirable to
connect Marana Main Street at an existing curb return located approximately 400 feet south of
Pima County Assessor's tax parcel number 217-37-071B (the Northwest Fire District fire station
parcel) through Pima County Assessor's tax parcel numbers 217-37-073A and 217-37-048C (the
"Owners' Parcels") to Sandario Road at Pima County Assessor's tax parcel number 217-37-0300
(13416 North Sandario Road; the "Timothy Reyher Parcel"). This additional roadway connection
is referred to in this Amendment as "Bill Gaudette Road."
E. The Owners are willing and able to undertake the construction, land acquisition and
land dedication obligations set forth in this Amendment in exchange for full satisfaction of the
Owners' $441,837 obligation to the Town (see paragraph B above).
F. Except for the additional transaction addressed in this Amendment, the Parties desire
that the Original Agreement remain in full force and effect.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Amendment, the Parties hereby agree as follows:
1. Owners' obligations. The Owners shall do all of the following:
a. Dedicate to the Town the right-of-way necessary for the construction of Bill Gaudette
Road through the Owners' Parcels.
{00002189.DOC /3}
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6/14/069: 15 A.M.
b. Purchase the Timothy Reyher Parcel and transfer ownership of the Timothy Reyher
Parcel to the Town, free and clear of all liens and encumbrances except those reasonably
acceptable to the Town.
c. Construct Bill Gaudette Road to a cross-section substantially conforming to the
drawing attached to and incorporated in this Amendment as Exhibit A.
2. Satisfaction of debt. Upon satisfaction of Owners' obligations under paragraph 1 above,
the Owners' $441,837 obligation to the Town, described in paragraph 6 of the Original
Agreement, shall be deemed fully satisfied.
3. Effect on Original Agreement. Except as modified by this Amendment, the provisions of
the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth
below their respective signatures.
TOWN:
OWNERS:
TOWN OF MARANA, an Arizona municipal
corporation
REYHER PARTNERSHIP, an Arizona general
partnership ("Reyher")
By: Trident Marana Properties, Inc. Managing
Partner
By:
Ed Honea, Mayor
By:
Date:
Barry A. Ebert, Vice President
Date:
ATTEST:
Jocelyn C. Bronson, Town Clerk
MARANA 348 LIMITED PARTNERSHIP, an
Arizona limited partnership ("Marana 348")
ApPROVED AS TO FORM:
By:
Robert Sarver, General Partner
Date:
Frank Cassidy, Town Attorney
{00002189.DOC / 3}
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6//4/069:/5 A.M.
STATE OF ARIZONA )
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me on
A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing
PARTNERSHIP, an Arizona general partnership, on behalf of the partnership.
by Barry
Partner of REYHER
Seal
Notary Public
STATE OF ARIZONA )
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me on by Robert
Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited
partnership.
Seal
Notary Public
{OOOO2189.00C /3}
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6/14/069:15 A.M.
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