The URL can be used to link to this page

Home My WebLink About09/05/2006 Blue Sheet San Lucas Development Agreement Second Amendment MEETING DATE: September 5, 2006 AGENDA ITEM: TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA 1.6 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-136: Relating to Development; approving and authorizing the execution of the Second Amendment to the San Lucas Development Agreement with BCIF Group, LLC. DISCUSSION The original San Lucas Development Agreement called for the dedication of a ten-acre school/park site to a "nonprofit community trust to be designated by the Town of Marana" for school purposes, if so used within 25 years of the date of the agreement, or for public park pur- poses. The Town prefers for the land to be transferred to the Town for use as a park until MUSD needs the property for school purposes. If MUSD does not need the site for school purposes before the 25th anniversary of the San Lucas agreement (that is, by March 19,2027), the Town will have no further obligation to transfer the property to MUSD. In anticipation of the Town Council's approval of this agreement and to avoid assessment of the property by the County Assessor's Office as commercial land, the developer has now deeded to the Town Block C of San Lucas. Because of a boundary dispute involving the adverse posses- sion of a small strip of property along approximately the east 290 feet of the south 15 feet of Block C, this small strip of land was excluded from the transfer to the Town. As a result of ex- cluding this strip, which had originally been intended to contain a sewer easement to Pima County, this proposed Second Amendment to the San Lucas Development Agreement includes a commitment for the Town to dedicate a thirty-foot sewer easement within the south 75 feet of Block C. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-136, approving and authorizing the execu- tion of the Second Amendment to the San Lucas Development Agreement. A TT ACHMENT(S) Second Amendment to the San Lucas Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2006-136. {00002574.DOC I} FJC/cds 8/28/06 MARANA RESOLUTION NO. 2006-136 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE SAN LUCAS DEVELOPMENT AGREEMENT WITH BCIF GROUP, LLC. WHEREAS, the original San Lucas Development Agreement called for the dedication of a ten-acre school/park site to a "nonprofit community trust to be designated by the Town of Marana" for school purposes, if so used within 25 years of the date of the agreement, or for public park purposes; and WHEREAS, the Town prefers for the land to be transferred to the Town for use as a park until MUSD needs the property for school purposes; and WHEREAS, in anticipation of the Town Council's approval of this agreement and to avoid assessment of the property by the County Assessor's Office as commercial land, the developer has now deeded to the Town Block C of San Lucas for park and school purposes; and WHEREAS, the Mayor and Council find that the terms and conditions of the Second Amendment to the San Lucas Development 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 Second Amendment to the San Lucas Development Agreement between the Town of Marana and BCIF Group, LLC, 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 Mar ana. 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 5th day of September, 2006. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00002575.DOC /} FJC/cds 8/28/06 SECOND AMENDMENT TO THE SAN LUCAS DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND BCIF GROUP, LLC This Second Amendment to the San Lucas Development Agreement (this "Second Amendment") 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 collectively referred to as the "Parties." RECITALS A. On March 19, 2002, the Developer and the Town entered into the San Lucas Development Agreement recorded in the Pima County Recorder's office on April 19, 2002 at Docket 11782, Page 2962 (the "Original San Lucas Agreement"). B. The Original San Lucas Agreement facilitates development of approximately 292 acres of land located within the corporate limits of the Town, as depicted on the map in Exhibit A and as described in Exhibit B to the Original San Lucas Agreement (the "Property"). C. The Original San Lucas Agreement was modified by First Amendment to the San Lucas Development Agreement recorded in the Pima County Recorder's office on October 8, 2004 at Docket 12404, Page 2623 (the "First Amendment"), addressing issues not pertinent to this Second Amendment. D. Paragraph 2.5 of the Original San Lucas Agreement addresses the reservation of a ten-acre school/park site on the Property, the particular terms of which the Parties desire to modify to more efficiently carry out the originally intended purpose of the provision. E. This Second Amendment is a "development agreement" under A.R.S. ~ 9-500.05. F. This Second Amendment is consistent with the portions of the Town's General Plan that apply to the Property. G. The Town Council has authorized the execution of this Second Amendment by formal Council action. AGREEMENT Now, THEREFORE, in consideration of the promises and the mutual obligations contained in this Second Amendment, the Parties agree as follows: 1. School/Park Site. Paragraph 2.5 of the Original San Lucas Agreement is hereby amended to read as follows: 2.5 SchoollPark Site. In satisfaction of Rezoning condition #10, the Developer has dedicated to the Town approximately ten acres of land (the "School/Park Land") consisting of Block C of San Lucas Master Block Plat recorded in the Pima County Recorder's office at Book 57 of Maps and Plats at Page 55 except for a 15-foot strip ofland along approximately the east 290 feet of {00OO2542.DOC I} - 1 - 8/22/2006 12:43 PM FIC ;.-...,~-"~...-..-._-~~"".,,'~., the southern boundary of Block C specifically described in the Quit Claim Deed recorded in the Pima County Recorder's office on March 27, 2006 at Docket 12769, Page 1629. The Town will transfer the School/Park Land to Marana Unified School District (MUSD) at any time after the Town is satisfied that the Arizona Schools Facilities Board has given its commitment to allow the imminent construction of a public school on the School/Park Land; provided that if the transfer to MUSD has not occurred on or before March 19,2027 (the 25th anniversary of the Original San Lucas Agreement), the Town shall have no further obligation to transfer the School/Park Land to MUSD. Unless and until the School/Park Land is transferred to MUSD as provided in this paragraph, the Town may use the School/Park Land for park and public recreation purposes. Upon the request of the Developer or Pima County, the Town acknowledges and agrees to grant Pima County a 30-foot sewer easement within the south 75 feet of Block C, and the Town Manager is hereby authorized to execute on the Town's behalf the sewer easement in a form acceptable to the Developer and Pima County. 2. Effect of Second Amendment. Except as specifically modified by the First Amendment and this Second Amendment, the terms of the Original San Lucas Agreement (as modified) shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last signature date below. TOWN OF MARANA an Arizona municipal corporation By: Mayor Ed Honea Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM Frank Cassidy, Town Attorney {OOO02542.DOC I} - 2 - BCIF GROUP, LLC, an Arizona limited liability company By: Robert P. Zammit, Managing Member Date: 8/22/2006 12:43 PM FJC STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this _ day of ,2006, by Robert P. Zammit, the Managing Member of BCIF GROUP, LLC, an Arizona limited liability company. My Commission Expires: Notary Public {00002542.DOC I} - 2 - 8/22/2006 12:43 PM FJC