The URL can be used to link to this page

Home My WebLink AboutResolution 2016-132 Approving Mayor to execute the agreement to terminate Fianchetto Farms Development AgreementMAI2ANA :ItESOLIJTION 1V0. 2016 -132 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR. TO EXECUTE THE AGREEMENT To TERMINATE FIANCI IE "I "To FARMS DEVELOPMENT AGREEMENT WHEREAS the Town entered into the Fianchetto Farms Development Agreement (the "Original DA "), recorded in the office of the Recorder of Pima County, Arizona, on August 25, 2005, at Docket 12624, Page 2871 (Sequence 20051650918); and WHEREAS the land subject to the original D.A. was the Fianchetto Farms development project, being the property more specifically described as Fianchetto Farms Lots 1-114, recorded in the office of the Pima County Recorder on March 10, 2006, at Boole 60 of Maps and Plats, Page 97 (Sequence 20060470609) (the `Fianchetto Subdivision "); and WHEREAS certain financial obligations under the Original DA that would otherwise appear to remain as obligations of the owners of the remaining undeveloped lots of Fianchetto Subdivision have been mooted as a result of planned infrastructure not being installed as contemplated under the original DA.; and WHEREAS the Town and the owners of the remaining undeveloped lots of Fianchetto Subdivision desire to clear the record of certain financial commitments under the original DA., and to replace then with the normal financial obligations that would. otherwise exist for development within the Town if the original DA did not exist; and WHEREAS the Mayor and Council find the Agreement to Terminate Fianchetto Farms Development Agreement to be in the best interest of the Town and its citizens. Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF M.ARANA., ARIZONA, AS FOLLOWS: SECTION 1. The Town hereby approves and authorizes the Mayor to execute the Agreement to Terminate Fianchetto Farms Development Agreement in the form attached to this resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. 0004 97o2. D0CX /I Resolution No. 2016 -132 1 11171X]16 10:13 AM PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANAI ARIZONA, this 6"' da of December, 2016. ATTEST: Ma Ed Honea APPROVED AS TO FORM: cel C. ronson, Town Clerk r r � 00049702.DOCX /I Resolution No. 2016-132 - 2 - CassjAt, Town Attpfne 11/17/2016 10:13 AM r F. ANN RODRIGUEZ f RECORDER Recorded By: JSH DEPUTY RECORDER 497 SMARA TOWN OF MARANA PICKUP ov v AV ' A SEQUENCE: 20163940913 NO. PAGES: 4 TRMAG PICA{ UP AMOUNT PAID: 12/09/2016 14:44:36 AGREEMENT TO TERMINATE FIANCHETTO FARMS DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS AGREEMENT To TERMINATE FIANCHETTO FARMS DEVELOPMENT AGREEMENT (this "Ter - mination Agreement ") is made by and among the TOWN OF MARANA (the "Town "), an Arizona municipal corporation; FIANCHETTO FARMS, L.L.C. ( "Developer "), an Arizona limited liability company; LANDMARK TITLE ASSt7RANCE AGENCY OF ARIZONA, L.L.C. an Arizona limited liability company ( "Trustee "), as Trustee under Trust No. 1.8363 -T and not otherwise; and D.R. HORTON, INC. ( "Horton "), a Delaware corporation. Developer, Trustee, and Morton are sometimes collec- tively referred to as the "owners." The Town and the owners are collectively referred to in this Agreement as the "Parties," any of which is sometimes individually referred to as a "Party." RECITALS A. This Termination Agreement addresses the termination of the Fianchetto Farms Develop- ment Agreement (the "original DA "), recorded in the office of the Recorder of Pima County, Arizona, on August 25, 2005, at Docket 12624, Page 2871 (Sequence 20051 650918). B. The land subject to the original DA was the Fianchetto Farms development project, being the property more specifically described as Fianchetto Farms Lots 1114, recorded in the office of the Pima County Recorder on March 1.0, 2006, at Book 60 of Maps and Plats, Page 97 (Sequence 20060470609) (the "Fianchetto Subdivision "). C. By operation of paragraph 9.9.2 ( "Termination upon sale to end purchaser or user ") of the Original DA, the original DA has already been terminated with respect to Lots 62, 63, 64, 65, and 70 of the Fianchetto Subdivision. D. Together, the owners own the "Subject Property," which is the entire portion of the Fian- chetto Subdivision still subject to the original DA. E. Certain financial obligations under the original DA that would otherwise appear to remain as obligations of the owners have been mooted as a result of planned infrastructure not being installed as contemplated under the original DA. F. The Parties desire to clear the record of certain financial commitments under the original DA, and to replace them with the normal financial obligations that would otherwise exist for de- velopment within the Town if the original DA did not exist. G. The original DA as amended by this Termination Agreement is consistent with the Town's general plan and with the zoning conditions and entitlements applicable to the Subject Property on the date this Termination Agreement is executed. 00049017.DOCX 14 AGREEMENT To TERMINATE FIANC'.IIET ro FARms DEVELOPMENT AGRELIVIENT 11/2/2016 2:21 PM -I- $7.00 J AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Termination Agreement, the Parties hereby agree as follows: 1. Termination of Original DA . The original DA is terminated as of the Effective Date of this Termination Agreement. 2. Compliance with Town regulations applicable to the Subject Pro ert . The owners shall comply with all Town regulations applicable to the Subject Property, including without limitation any zoning ordinances and regulations and Fianchetto Subdivision plat conditions (all as they may have been and may be amended from time to time) that may apply to the Subject Property at the time of its development. 3. Payment of fees applicable to the Subject Pro ert . The owners shall pay all Town fees applicable to the Subject Property and its development, and shall be entitled to all credits against such fees, as if the original DA never existed, which fees and credits are the same as the fees currently being charged and credits currently being allowed with respect to the construction of homes within the Subject Property. 4. Cooperation for conversion of water rights. Two separate historic irrigation grandfathered groundwater rights are associated with the Subject Property: 58-101965.0003 and 58-101.956.0005. The Owners shall cooperate in good faith with the Town in converting all irriga- tion water rights for the Fianchetto Subdivision to and for the benefit of the Town. By way of inclusion and not limitation, this shall include the following: 4.1. Not later than December 31, 2016, the owners shall file with the Arizona Department of Water Resources appropriate documentation necessary to extinguish irrigation water right 58-101956.0003 of the Subject Property and to transfer extinguishment credits associated with the extinguishment to the Town. 4.2. Not later than December 31, 2017, the owners shall file with the Arizona Department of water Resources appropriate documentation necessary to extinguish irrigation water right 58-1.01956.0005 of the Subject Property and to transfer extinguishment credits associated with the extinguishment to the Town. 5. Cancelation of water delivery infrastructure contribution. The owners are relieved of the financial obligations under paragraph 2.6 of the original DA, which identifies water delivery in- frastructure that was anticipated to serve the Fianchetto Subdivision when the Original DA was entered into. The Parties acknowledge that the water delivery infrastructure identified in paragraph 2.6 of the original DA did not in fact become connected to or serve the Fianchetto Subdivision. 6. Acknowledgment of completion of potable water infrastructure servin the Fianchetto Sub- division The Parties acknowledge that all potable water infrastructure needed to serve the Fian- chetto Subdivision has been constructed, is in place, and has been turned over to the Town's water Department from ownership and operation. 7. Effective date This Termination Agreement shall become effective upon its execution by all of the Parties and the effective date of the Town Council resolution approving this Termination Agreement; specifically, the 31 'c day after the Mayor's signature date below (the "Effective Date "). 0004901.7.DOCX A AGRLEMENT'1'G TERMINATE FIANCIIET'I'U FARMS DEVELOPMENT AGREEMEN'r 11/2/2016 2:21 PM -2- 8. Counterparts. This Termination A ma be executed in two or more counterparts, each of which shall be deemed an ori but all of which to shall constitute one and the same instrument. The si pa from one or more counterparts ma be removed from the counterparts and attached to a sin instrument so that the si of all Parties ma be ph call attached to a sin document. 9. Interpretation. This Termination A has been ne b the Town and the Own- ers, and no Part shall be deemed to have drafted this A for purposes of construin an portion of this Termination A for or a an Part 10. Recordation. The Town shall record this Termination A in the office of the Pima Count Recorder after it has been executed b the Parties. 11. Conflict of interest. This Termination A is subject to A.R.S. § 38-511, which pro- vides for cancellation of contracts in certain instances involvin conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Termination A as of the last Part si date below. THE "TOWN": THE TOWN OF MARANA, n Arizona municipal corporation ,B Ed Hone 4, Ma Date: x F A OV " W *'� THE "OWNERS": FIANCHETTo FARMS, L.L.C.., an Arizona limited liabilit compan B FIANCHETTO MANAGEMENT, L.L.C., an Arizona limited liabilit compan its Mana B SAUNDERS & Amos MANAGEMENT, INC., an Arizona corporation its Mana B irk L. Saunders, President A �, LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C. an Arizona limited liabilit compan as Trustee under Trust No. 18363-T and not otherwise I 4 N-0-01 Ly" 00049017.DOCX 14 AGREENIEN TERMINATE FIANCHETTo FARINis DEVELOPMEN'r AGREENIENT 11/2/2016 2:21 PM - 3 - el C. ronson,, Clerk D.R. HORTONI INC., a Delaware corporation B Its: V I C'� �`� f ,�c4 STATE OF ARIZONA Count of Pima ss The fore instrument was acknowled before me on - k �* 14 , 20161 b Kirk L. Saunders, President of SAUNDERS & Amos MANAGEMENT, INC., an Arizona corporation, Man- a of FIANCHETTO MANAGEMENT, L.L.C., an Arizona limited liabilit compan Mana of FIANCHETTo FARMS, L.L.C., an Arizona limited liabiliompan on its behalf. 1 / on A , I Z/ - ( Seal ) KOLBY CHRISTINE KOUTS Notar Public,$tate of Arizona Notar Public Pima County M Commission Expires Is October 14, 201 STATE OF ARIZONA Count of Pima ss Th fore instrument was acknowled before me on mm�w 1) 20165 b the of LANDMARK TITLE SSURANCE AGENCY OF ARIZONA, L.L.C. an Arizona liVited liabilit compan as T st e pan under Trust No. 18363-T and not otherwise. e NOTARY PUBLIC A o p� (�a j,n 'or TITLE :y' STATE OF ARIZONA Pirna Count Notar Publl� RACHEL L. TURNIPSEED M Commission Expires Jul 02, 2020 STATE OF _� T . I.- - 6MA ss Count ofP'k1AA - ) The -fore instrul was acknowled before me this da of kAbL_A2- 01. 2016, b 1_. )/Vjk_::> the ?,,A_ Ui� of D.R. HoR'TON, INC., a Dela- ware corporation, on behalf of the corporation. ( Seal ) `mow "qmv Roberts A Murra Notar Public - Arizona Pima Count My Cornrnhw1on Expim April 11, 2018 le ,� rn2.� . Notar Public 00049017.DOCX 14 AGREEMENT To TERMINATE FIANCHETTo FARNis DEVELOPMENT AGREENIENT 11/2/2016 2:2 NM -4-