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Home My WebLink AboutResolution 2013-016 development agreement regarding park impact fee credits for saguaro bloomMARANA RESOLUTION NO. 2013-016 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT REGARDING PARK DEVELOPME�iT IMPACT FEE GREDITS FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT yVHEREAS Town of Marana staff and representatives of the owner and developer of the Saguaro Bloom development project {formerly known as Saguaro Springs) have negotiated the ternzs af a developxnent agreement regarding park development impact fee credits for the Saguaro Bloom development project; and WHEREAS the Mayor and Council of the Town of Marana find that the credit agreement is consistent with state law and prior Town development impact fee credit agreements, and is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Development Agreement Regarding Park Development Impact Fee Credits for the Saguaro Bloom Development Project attached to this resalution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Mana.ger and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of February, 2013. �2` � , 2 .c'�- Mayor Honea ATTEST: , Jo yn , ronson, Town Clerk Resolution No. 2013-01b 2l13J2013 10:36 PM FJC ,r� � F. � RODRIG�Z, �CO�ER iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - Recorded By: BRC o g Pr1� ` DEPUTY RECORDER �` � ,c� � SEQUENCE: 20130500072 l ` 4886 W� i� �� NO. PAGES: 7 z � TOF1N OF MARANA �` �� AG 03/Ol/2013 - TOWN CLERK `9$IZOT`Z4' 11:43 MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $9.00 MARANA AZ 85653 ' DEVELOPMENT AGREEMENT REGARDING PARK DEVELOPMENT IMPACT FEE CREDITS FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT TOWN OF MARANA, ARIZ4NA THIS AGREEMENT (th1S "Agreement") is entered into by and between the Towt�t oF MAxANA, an Arizona municipal corporation (the "Town"), and MA�NA 670 HoL��GS, LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are sometimes collec- tively 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 A.R.S. § 9-SQ0.05. B. The Town has adopted certain development impact fees for roads pursuant to A.R.S. § 9-463.05. C. The Developer is the current master developer of the lands described and depicted on the subdivision plats recorded in the Pima County Recorder's office at Book 58 of Maps and Plats, Page 23 ("Saguaro Springs"); at Book 62 of Maps and Plats, Page 6("Saguaro Springs Block 4"); at Baok 62 of Maps and Plats, Page 7("Saguaro Springs Block 8A"); and at Book 62 of Maps and Plats, Page 8 as modified by the partial replat at Sequence No. 20123610307 (eol- lectively "Saguaro Springs Block 8B"), all of which are collectively known as the "Saguaro Bloom Development Project." D. Title to the lots in Saguaro Springs Block 4 and Saguaro Springs Block 8A is held by FIRST AMERICAN TITLE INSURANCE COMPANY, a California corparation, as trustee under Trust Nos. 8692, and not personally. E. Title to the lots in Saguaro Springs Block 8B is held by FiRS'r AtvtEx�cAN T�TLE IN- s[�NCE CoNrnaNY, a California corporation, as trustee under Trust No. 9140, and not personal- ly. F. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(10) toward the payment of the Tawn's adopted parks development impact fees based on the required dedication of a public park site and improvements provided or to be provided by the Developer in connec- tion with the development of Saguaro Bloom. G. The Town's park development impact fee was calculated based on an assumed land value of $30,000 per acre. H. The Parties desire to memorialize their agreement concerning the amount and admin- istration of the development impact fee credit. {00032922.DOCX ( 3} - 1- 2/6/2013 8:55 AM � AGREEMENT Now, ��FO�, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Credit toward park development impact fees. 1.1. Total value. The Developer's predecessor in interest has dedicated to the Town 29 acres of park land in what is now Saguaro Bloom, of which 90% is considered appropriate and useable for active recreation. The remaining 10% of the dedication is primarily for drainage purposes. This yields a net dedication for park improvements of 26.1 acres with a value of $783,000. 1.2. Credited lots. The Developer chooses to apply the credits for the benefitting park land dedication only to the residential lots in Saguaro Springs Block 4, Saguaro Springs Block 8A, and Saguaro Springs Block 8B (collectively, "Saguaro Bloom Phase One"). The Developer an- ticipates that 607 total residential lots will be constructed in Saguaro Bloorn Phase One. 1.3. Credit per lot. The credit against park development impact fees in Saguaro Bloom Fhase One is $1,290 per lot. 1.4. Reimbursement of Credits. On or before January 31 and July 31 of each year, the Town shall reimburse the Developer $1,290 for each single family residential building permit issued in Saguaro Bloom Phase One for park development impact fees actually collected by the Town dur- ing each six-month period ending December 31 and June 30 respectively. 1.5. Future phases. Upon the Developer's construction of the required regional park im- provements, the Developer and the Town agree to amend this Agreement to utilize the benefit- ting construction costs to generate a credit for remaining phases of Saguaro Bloom. When the amendment is prepared, the Developer may also make a final measurement of the active park area of the park dedication referred to in subparagraph 1.1 above to determine if the Developer is entitled to additional credit for the park dedication. 2. Miscellaneous 2.1. Binding effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 2.2. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 3&511, which provides for cancellation in certain instances involving conflict of interest. 2.3. 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 mare counterparts may be removed from such coun- terparts 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. 2.4. Good standing: authority. The Developer represents and warrants to the Town that it is duly formed and validly existing and authorized to do business in the state of Arizona. The Tawn represents and warrants to the Developer that it is an Arizona municipal corporation with au- thority to enter into this Agreement under applicable state laws. Each Party represents and war- rants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. {00032922.DOCX / 3} - 2- 2/6/2013 8:55 AM 2.5. Governing law. This Agreement is entered into in Arizona and sha11 be construed and in- terpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbi- tration shall ta.ke place in Pima County, Arizona. 2.6. Interpretation. This Agreement has been negotiated by the Parties, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. IN WITNESS WHEREOF the Parties have executed this Agreement as of the last date set forth below their respective signatures. The "Tawn": 'The "Developer": Towrt oF M.�rta, an Arizona. municipal Ma��vA 670 HoLDnvGS, LLC, an Arizona limited corporation liability company By: TWIN PEAKS DEVELOPMENT, INC., ari % �'r 'izona corporation, sole member By: � '�� Ed Hone Mayor Date: "�/ °��i.3 Brian Baehr, Vice President A�sT: Date: �_.�Ii��i..i` � :'� � � BY THE UNDERSIGNED PROPERTY OWNERS: FIRST A1vIERICAN TITLE INSURANCE FIRST AMERICAN TITLE INSURANCE COMPANY, a Co��r�, a California corporatian, as trustee California corporation, as trustee under Trust under Trust No. 8692, and not personally No. 9140, and not personally I� Name: Date: {00032922.DOCX / 3} : Name: Date: -3- 2/6J2013 8:55 AM „ � > STATE OF ARIZONA � S � County of ) The foregaing instrument was acknowledged before me on by Brian Baehr, Vice President of Twrtv PEAxs DEVEr.oP�NT, INC., an Arizona corporation, sole member Of MARANA 670 HOLDiNGS, LLC an Arizona limited liability company, on behalf of the LLC. (Seal) STATE QF � SS County of ) Notary Public The foregoing instrument was acknowledged before me on by , the of FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, as trustee under Trust No. 8692, and not personally, on behalf of the trust. (Seal) Natary Public STATE OF ��/V� � SS COUri1.}' Of __L.J�.LL? � • The foregoing instrument was acknowledged before me on by iC�ei�� t�� 5�'F/,�the ]�L(,S� �/=l`i �L�� of FIRST RICAN TITLE INSURANGE COMPANY a California corporation, a trustee under Trust No.9140, and not personally, on behalf of the trust. � � � (Seal) 'A' ,�I/�l , ` _ _- �MI�Y A. REIGME �� y �' � � {00032922.DOGX/3} - 4 - Natary Public 2/6/2013 8:55 AM 2.5. Governing law. This Agreement is entered into in Arizona and shall be construed and in- terpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbi- tration shall take place in Pima County, Arizona. 2.6. Interpretation. This Agreement has been negotiated by the Parties, and no Party shall be deemed to have drafted this Agreement far purposes of construing any portion of this Agreement far or against any Party. IN wi'rtvESS wi-tExEOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. The "Town": Tow1v oF M�tANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: The "Developer": MARANA 670 HOLDINGS LLC, an Arizona limited liability company By: TWIN PEAKS DEVELQPMENT, INC., an Arizona corporation, sole member � Brian Baehr, Vice President ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Date: Z � � �1— � Z CONSENT GRANTED BY THE UNDERSIGNED PROPERTY OWNERS: FIRST AMERICAN TITLE INSURANCF, FIRST AMERICAN TITLE INSURANCE COMPANY, a CoivtPartY, a California corporation, as trustee California corporation, as trustee under Trust under Trust No. 8692, and not personally No. 9140, and not personally � .L/��_/_/� % i 11I // / ' � � .■ "1 �, - � � I : Name: Date: {00032922.DOCX / 3} - 3- 2/6/2013 8:55 AM � 2.5. Governing law. This Agreement is entered into in Arizona and shall be construed and in- terpreted under the laws of the State of Arizona, and the Parties agree that any litigation or arbi- tration shall take place in Pima County, Arizona. 2.6. Interpretation. This Agreement has been negotiated by the Parties, and no Party shall be deemed to have drafted this Agreement for purposes of construing any partion of this Agreement for or against any Party. IN WITNESS W�IEREOF the Parties have executed this Agreement as of the last date set forth below their respective signatures. The "Tawn": TowN oF M�NA, an Arizona municipal corporation : Ed Honea, Mayor Date: A�rrEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The "Developer": MAxAtvA 670 Hp�,D�tGS, LLC, an Arizona limited liability company $y: TWIN PEAKS DEVELOPMENT, INC., an Arizona corparation, sole member Brian Baehr, Vice President Date: �ONSENT GRANTED BY THE UNDERSIGNED PROPERTY OWNBRS: FIRST AMERIGAN TITLE INSURr1NCE CoMP�, a�California corporation, as trustee under Trust No. 8692, and not personally By: Name: Date: FIRST AMERICAN TI'fLE INSURANCE COA�PANY, a California corporation, as trustee under Trust No. 9140, and not personally , By: �---- Name: ICAC'' �.�- � • �/��.�5'�'f'� Daxe: � ..�.�2�, �J {00032922.DOCX / 3 } - � - 2t6l2013 &:55 AM STATE OF A IZONA � SS County o �6 �) The foregoing instrument was acknowledged before me on � �'`-, �� a10/ by Brian Baehr, Vice President of TWIN PEAKS DEVELOPMENT, INC., an Arizona rporation, sole member of Ma�rr " ' ited�liability compar�y on behalf of the LLC. . �ELINDA G. WEST (Seal) � Notary Public,3tate of Arizoea i, Maricopa County ^� .\d My Commissio� Expires / ' ` March 21, 2014 Notary Public STATE OF �,2VY1,U- � SS County of 0.ri c. w) The foregoing instrument was acknowledged before me on �'.e.Q�e�►,u � 4, Zp � 3 by �--+�a.r�. s�}� �. � k, p W , the � n� cr�' r� S 1` L7� � u r of FIRST AMERICAN TITLE INSU�NCE COMPANY, a California corporation, as trustee under Trust No. 8692, and not personally, on behalf of the trust. (Seal) "' EI.AlNE M. Gltl ` ��' l�fptary Pu�ic • Sta;e of;,rizOr� � �.� � MARICOPA COUNTY C� � � iK�� :�:: • UAy Commisaion Expiros Jsnu o. so�s Notary Public STATE OF � SS County of ) The foregoing instrument was acknowledged before me on by , the of FIRST AMERICAN TITLE INSU�NCE Co�ANY, a California corporation, as trustee under Trust No.9140, and not personally, on behalf of the trust. (Seal) Notary Public {00032922.DOCX / 3} - 4- 2/6/2013 8:55 AM