HomeMy WebLinkAboutResolution 2004-041 amended and restated development agreement relating to saguaro springs developmentMARANA RESOLUTION NO. 2004-41
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION
OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH BEST
ASSOCIATES II, LLC, RELATING TO THE SAGUARO SPRINGS DEVELOPMENT
PROJECT.
WHEREAS, in 1998, the Town of Marana and Best Associates II, LLC, entered into a
development agreement relating to the Saguaro Springs development project; and
WHEREAS, in the intervening years, several changes have been made with respect to the
project, the surrounding infrastructure requirements, and Town policies toward development; and
WHEREAS, this Amended and Restated Development Agreement is the product of long
negotiation between the Developer and Town staff', and
WHEREAS, the Mayor and Council find that the terms and conditions of the
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, AS FOLLOWS:
SECTION 1. The Mayor and Council of the Town of Marana hereby approve and
authorize the execution of the Amended and Restated Development Agreement with Best
Associates II, LLC, relating to the Saguaro Springs development project.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, the Amended and Restated Development
RSO 040406 Saguaro Springs Develop Agree. doc FJC 3/30/04
Agreement attached hereto as Exhibit A and incorporated herein by this reference, for and on
behalf of the Town of Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCiL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of April, 2004.
ATTEST:
Bronson~ Town Clerk
ayor Bobby Sutton, Jr.
RSO 040406 Saguaro Springs Develop Agree. doc FJC 3/30/04
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F. ANN RODRIGUEZ, RECORDER
RECORDED BY: D K
DEPUTY RECORDER
7864 PEl
DOCKET: 12278
PAGE: 3092
NO. OF PAGES: 53
SEQUENCE: 20040700634
04/12/2004
AAG 17:06
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 32.00
Amended and Restated
Development Agreement
Town of Marana, Arizona
Best Associates II, L.L.C.
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TABLE OF CONTENTS
1. Development Plans..............................................................................................................2
1.1 Development in Accordance with the MDC and Zoning ............................2
1.2 Development Approvals..............................................................................2
1.3 Zoning Conditions.......................................................................................3
1.4 Amendments to Plans and Agreement.........................................................3
2. Infrastructure................................................................................................................ ........3
2.1 Infrastructure Plan........................................................................................3
2.2 Construction of Infrastructure......................................................................3
2.3 Infrastructure Plan Amendment...................................................................4
2.4 Water Improvements....................................................................................4
2.5 Arizona Portland Cement..........................................................4
2.6 Median Landscaping. . ........ . .. . ..... . .. . .. . .. . ... .. . .. . ...... .. . .. . .. ...... .....4
3. Developer Constructed Upgrades........................................................................................4
4. Public Recreational Amenities......................................................................4
4.1 The Park Site........................................................................4
4.2 Park Lighting...............................................................................................5
4.3 Construction.........................................................................5
4.4 Drainageways and Trails....................................................... ....5
4.5 Security..............................................................................6
4.6 On Site Private Recreational Facilities..........................................6
5. Cooperation and Alternative Dispute Resolution ................................................................6
5.1 Appointment of Representatives..................................................................6
5.2 Timing..........................................................................................................6
5.3 Outside Consultants.....................................................................................6
5.4 Default.......................................................................................................... 7
6. Notices and Filings.............................................................................................................. 7
6.1 Manner of Serving....................................................................................... 7
7. General Terms & Conditions............................................................................................... 8
7 .1 Term............................................................................................................. 8
7 .2 Waiver.......................................................................................................... 8
7.3 Attorneys' Fees............................................................................................. 8
7.4 Counterparts.................................................................................................8
7.5 Headings and Recitals.................................................................................. 8
7.6 Exhibits........................................................................................................ 8
7.7 Further Acts ................................................................................................. 8
7.8 Future Effect................................................................................................ 9
7.8.1 Time Essence and Successors........ .. .. .. .. .. .. .. . .. .. .. .. .... 9
7.8.2 Termination upon Sale to Public................................9
7.9 No Partnership and Third Parties.... .............................................................9
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7.10 Other I nstrulnents......................................................................................... 9
7 .11 Conflict of Interest....................................................................................... 9
7.12 Imposition of Duty By Law............. ..........................................................10
7.13 Entire Agreement .......................................................................................1 0
7.14 Alnendment................................................................................................l 0
7.15 Names and Plans ........................................................................................1 0
7.16 Good Standing; Authority..........................................................................10
7.17 Severability................................................................................................l 0
7.18 Governing Law I Arbi trati on ..................................................................... ..11
7 .19 Recordation................................................................................................ 11
7.20 No Developer Representations ..................................................................11
7.21 Default and Remedies............................................................................... .11
7.22 Approval................................................................................................... .11
7 .23 Force Maj eure .......................................................................................... ..11
7.24 Definitions................................................................................................. .12
8. Protected Development Rights.................................................................... ....12
8 .1 Purpose....................................................................................................... 12
8.2 Future Impact Fees ....................................................................................12
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND REST A TED DEVELOPMENT AGREEMENT [hereinafter
"Agreement"] 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 is the owner of approximately 787 acres of real property within the
corporate limits of the Town, as depicted on the map attached hereto as Exhibit "A-I"
and legally described on Exhibit "A-2" (hereinafter collectively referred to as the
"Property").
B. The Town and the Developer previously entered into that certain Development
Agreement, recorded May 18, 1998, in Docket 10798 at Page 663, et seq., official
records of Pima County, Arizona ("Original Development Agreement").
C. The Town and the Developer hereby desire to amend and restate the Original
Development Agreement and intend that this Amended and Restated Development
Agreement shall replace and supersede the Original Development Agreement in its
entirety.
D. The Saguaro Springs Development Project, also known as the Twin Peaks Project (the
"Development"), is a residential and mixed use development planned for the Property.
E.
This Development Agreement shall be subject to (i) the Marana Development Code
(including rules, regulations, procedures and other policies relating to development,
whether adopted by the Mayor and Councilor by staff) [hereinafter "MDC"], (ii)
conditions ofthe Developers zoning as detailed in Marana Ordinance No. 97.04 passed
and adopted February 18, 1997, and attached as Exhibit" B", and in Marana Ordinance
No. 99.14 passed and adopted May 18, 1999, and attached as Exhibit "c" [hereinafter
collectively "Zoning Ordinances"], and (iii) the updated Twin Peaks Site Analysis and
the Twin Peaks Master Plan Project Summary dated November, 2002 [hereinafter "Site
Analysis"], collectively establishing, among other things, the type ofland uses, location,
density and intensity of such land uses, and community character of the Property, and
providing for, among other things, the development of a variety of housing,
recreation/open space, and industrial and commerciallbusiness opportunities.
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F.
The Developer and the Town desire that the Property shall be developed in accordance
with the MDC, the Zoning Ordinances, and the Site Analysis. The parties hereto
acknowledge that this Agreement is intended to be consistent with the foregoing, and
operates to the benefit of the Town, the Developer, and the public.
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G. The parties understand and acknowledge that this Agreement is a Development
Agreement within the meaning of, and entered into pursuant to the terms of. A.R.S. S 9-
500.05, in order to facilitate the development of the Property by providing for, among
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other things, conditions, terms, restrictions and requirements for the construction and
installation of public infrastructure, as more particularly described in the Infrastructure
Plan; the phasing over time of construction or development on the Property; and other
matters related to the development of the Property.
H. The Town and the Developer acknowledge that the development ofthe Property pursuant
to this Agreement will result in planning and economic benefits to the Town and its
residents by, among other things, (i) requiring development of the Property consistent
with the Amended Land Use Concept Plan as of November, 2002, the MDC and the
zoning conditions, (ii) increasing revenues to the Town based on improvements to be
constructed within the Property, and (iii) creatingjobs through work to be performed in
development of the Property.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises
and agreements set forth herein, the parties hereto state, confirm and agree as follows:
AGREEMENT
1. Development Plans.
1.1
Development in Accordance with the MDC and Zoning. Prior to the approval and
execution of this Agreement and upon the Town's review and due consideration, the
Town has approved Marana Ordinance Nos. 97.04 and 99.14 as the zoning for the
development of the Property. The Property shall be developed in accordance with the
Zoning Ordinances, which Ordinance (in conjunction with the MDC) sets forth the
basic land uses, densities and intensities of such land uses as presently authorized for
the Property and development regulations related thereto. The approval by the Town
of the Zoning Ordinances and this Agreement authorizes the Developer to: (i)
implement and proceed with the land uses, densities and intensities, as set forth
within the Zoning Ordinances, and subject to the development regulations contained
therein, notwithstanding any subsequent changes ofthe Town's zoning code or other
land use ordinances currently applicable to the Property, (except for the $1,000.00
per unit transportation contribution, which shall be replaced by the construction sales
tax and transportation impact fee provided for in Section 2.3 below), and (ii) proceed
through the legally required development process and request the customary
approvals necessary to pennit the Developer to implement the Zoning Ordinances.
Upon compliance by the Developer with the development review and approval
process as set forth in the MDC and other Town ordinances rules, regulations and
state laws, the Town agrees to approve or issue such pennits, plans, specifications,
and/or plats of or for the Property as may be requested by the Developer and which
are consistent with the Site Analysis, the Zoning Ordinances, and the MDC;
provided, however, that Developer agrees not to place mobile homes on the Property.
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1.2 Development Approvals. The Town has agreed to cooperate with the Developer in
good faith with regard to any rezoning requests or other development approvals, so
long as the total residential density upon the Property does not exceed 2,509 units.
Additionally, the parties have agreed that the portion of the Property which lies to the
west of the Arizona Portland Cement Conveyor Belt which is currently zoned for
mobile home development, shall be developed with site built homes, and not mobile
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homes.
1.3 Zoning Conditions. The Developer agrees to fulfill all conditions as outlined in the
Zoning Ordinances. The Property is currently zoned as R-6 Residential Zone under
the MDC. Portions ofthe Property are also zoned R-36 and MH. In the event of
any material change to the R-6 Residential Zone, Developer shall be pelmitted to
develop the Property consistent with the R-6 Residential Zone in effect as ofthe date
ofthis Agreement. As used herein, "material change" includes, without limitation,
any change to the following: the 6,000 square feet minimum lot area (Section
05.10.07(H)(2)(a); the minimum distances between buildings (Section 05.10.07
(H)(4); the minimum usable open space requirements (Section 05.1 0.07(H)(5)); the
maximum building height of 25 feet (Section 05.1O.07(H)(7); the absence of any
maximum number of stories (Section 05.1 0.07(H)(8), and the ability to place power
lines within dedicated rights of way (Section 05.1O.07(H)(9). A "material change"
shall also include revision to the MDC or the adoption of any new regulation or
ordinance which would add significant new limitations to the development of the
Property or significantly increase the cost of developing the Property. "Material
change" shall not include a change to the R-6 Residential Zone which increases the
minimum side yard setbacks to a combined total of 15 feet for both side yard
setbacks.
1.4 Amendments to Plans and Agreement. The Town and the Developer agree to
cooperate and in good faith pursue any amendments to this Agreement that are
reasonably necessary to accomplish the goals expressed in the MDC, Site Analysis,
and Zoning Ordinances and to facilitate the development ofthe Property in light of
any changes in development requirements. All amendments to this Agreement shall
be in writing and, if approved, must be signed by all appropriate parties. Any
amendment to this Agreement shall be approved and recorded pursuant to Section
7.14 hereof.
2. Infrastructure.
2.1
Infrastructure Plan. Attached hereto as Exhibit "D" is a proposed infrastructure plan
for the Property [hereinafter "Infrastructure Plan"]. Except as otherwise provided in
this Agreement, the Infrastructure Plan shall authorize the Developer, so long as the
Developer proceeds with the development of the Property, to implement and phase
the infrastructure improvements to the Property in conformance with the
Infrastructure Plan.
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2.2 Construction ofInfrastructure. Subject to the terms of this Agreement, the Developer
at its sole cost and expense, shall cause the items of public infrastructure described in
Exhibit "D" (hereinafter such items are referred to collectively as the
"Infrastructure") to be constructed as approved by the Town with respect to the
development of all or any portion of the Property. The Infrastructure shall be
constructed in accordance with the requirements for construction of infrastructure
similar to the proposed construction. Although the Infrastructure set forth in the
Infrastructure Plan shall be constructed by the Developer, the Developer may choose
the method of financing, which mayor may not include the use of a community
facilities district ("CFD"). In the event Developer chooses to finance construction of
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the Infrastructure through a CFD, the Town and Developer shall meet and confer in
good faith in order to create a CFD for the Property.
2.3 Infrastructure Plan Amendment. The Town and the Developer previously
acknowledged that amendments to the Infrastructure Plan may be necessary from
time to time to reflect changes in market conditions, development financing and/or to
meet the new requirements of one or more of the potential users or builders of any
part of the Property. In addition, the Town and the Developer previously
acknowledged and agreed that the Infrastructure Plan may be amended as more
detailed information becomes available. The parties had agreed that if and when the
parties found that changes or adjustments were necessary or appropriate, they would
effectuate such changes or adjustments pursuant to the procedure set forth in Section
7.14. Since the parties entered into the Original Development Agreement, the Town
has adopted a construction sales tax and transportation impact fee. These fees
currently exceed an average cost of$1 ,000.00 per lot. The Developer had previously
agreed to pay $1,000.00 per lot as a contribution to the Town's transportation and
related expenses. The Town and the Developer have now agreed that the Developer
will not need to pay this $1,000.00 per lot contribution, but will be obligated to pay
the current construction sales tax and transportation impact fee assessed by the Town
when and as due under the Town's current regulations.
2.4 Water Improvements. By separate written agreement, the Town and the Developer
have agreed to the details of the water system for the Property.
2.5 Arizona Portland Cement. Arizona Portland Cement will, by agreement with
developer, be provided with a 300' wide Roadwaylbuffer along the alignment of the
current quarry road. Where drainageway crosses the above roadwaylbuffer,
developer will construct an approximately 300' long box culvert completely enclosed
on both ends with breakaway fencing. It is the developer's intent that property
acquired through exchange with Arizona Portland Cement will be annexed into the
Town and incorporated into the project.
2.6
Median Landscaping will be installed by the developer and maintained by the Town.
Landscaping will be designed for low maintenance, employing native materials
rather than more formal plantings that require higher maintenance. Landscaping
installed within the right-of-way adjoining development will be licensed by the Town
and maintained by the H OA.
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3. Developer Constructed Upgrades. The Developer agrees to fund and construct certain
Transportation Upgrades prior to the issuance of a Certificate of Occupancy for any building within
the Development; the Transportation Upgrades to be constructed by the Developer pursuant to this
subsection shall be those Transportation Upgrades set forth on Exhibit "E" and titled (i) Twin
Peaks, (ii) Lambert Lane, and (iii) Airline Road.
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4. Public Recreational Amenities. Developer shall cause to be constructed approximately 42 acres
of public park and trailways on the project. This includes the public park (the "Park") on the park
site identified in Exhibit "F".
4.1 The Park Site. The Park will be within the project consisting of Block A
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Detention/Retention Basin (approximately 22.6 acres) together with approximately 5
acres of adjoining Block 5 which will be dedicated to the Town once the Park is
constructed and accepted by the Marana Park and Recreation Director and
Development Services Administrator. The basin will provide approximately 20 acres
of usable space for ballfield/soccer field development among other public
recreational amenities. The Basin Bottom will have a width of approximately 340
feet with slopes beyond the Bottom constructed at 4:1 (Horizonta1:Vertical). The
basin floor shall have a minimum slope of Y2% and both the floor and slopes shall
have a turf surface. The additional 5 acres in Block 5 will provide, but not be limited
to, development of parking and ramada/restroom facilities. Configuration of the 5
acres and the adjoining 10 acre school site within Block 5 is yet to be determined.
The Developer agrees to configure these sites to provide direct access to the Park off
of Highlands Drive. Park design alternatives will be reviewed and approved by
Marana Parks and Recreation Director and Development Services Administrator.
The Park access should be provided only at common entry points, with no direct
access to the park from residential lots permitted (i.e. access gates). Approvals for
the Park and related facilities will not be unreasonably withheld or delayed.
4.2 Park Lighting: The athletic fields in the Park will be lighted. Disclosure ofthe intent
to provided lighted athletic fields will be given in written form to adjacent property
owners and on the final plat for Blocks 5 and 6. Lighting of some or all the athletic
fields is intended to be installed early in the overall project.
4.3 Construction. Developer will build the park prior to or by the time 40% of the
building permits are issued for the overall project. Developer shall expend a
minimum of$2.5 million toward the Park construction costs. This amount will not
complete all Park construction. Developer will initially construct public trails,
parking and playground equipment and some ball fields with lighting. The grading
and dirtwork costs to construct the trails and Park will not be credited towards the
$2.5 million developer contribution, however hardscape and landscape improvements
will. The construction of the Park improvements required in accordance with this
paragraph must be approved by the Town Parks & Recreation Director and the
Department of Development Services, and such approval shall not be unreasonably
withheld or delayed. Upon completion of the Park improvements acceptable to the
Town, the Town will formally accept and maintain these improvements.
4.4
Drainageways and Trails. Developer shall cause to be constructed the
drainage/retention areas depicted on Exhibit "F". These drainage/retention areas
shall be of the approximate size and in the approximate locations depicted on
Exhibit "F". In addition to providing for drainage and retention for the Property,
these areas shall also provide open space to enhance the appearance and feel ofthe
Property. Developer will be provided credit towards the required 42 acre public
recreation requirement for construction of a public trail network within the projects
drainageways. Credit will be calculated in the amount of 45 square feet for every
linear foot of trail within the project toward meeting public recreation requirement.
Trailways will not be fully improved green spaces. . Trails constructed within the
drainage area shall be fourteen feet (14') in width, shall be paved and have adjoining
trail landscaping. Ownership of the drainage ways shall be conveyed to the Town.
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Responsibility for maintaining these recreational facilities, however, shall remain
with Developer or a homeowner's association, or similar entity, for the Property.
The Town hereby grants such parties a perpetual license to maintain any
recreational facilities located within these drainage areas for public use.
4.5 Security. Security should be provided by the Developer around the park site and
trails during development.
4.6 On Site Private Recreational Facilities. Private recreation will also be provided
within each block in the project per the Town's Park, Trail and Open Space System
Master Plan.
5. Cooperation and Alternative Dispute Resolution.
5.1 Appointment of Representatives. To further the commitment of the parties to
cooperate in the implementation ofthe Site Analysis. the Zoning Ordinances and this
Agreement, the Town and the Developer each shall designate and appoint a
representative to act as a liaison between the Town and its various departments and
the Developer. The initial representative for the Town [hereinafter "Town
Representative"] shall be the Planning Director, and the initial representative for the
Developer shall be Thomas 1. Barr or a replacement project manager to be selected
by the Developer. The representatives shall be available at all reasonable times to
discuss and review the performance of the parties to this Agreement and the
development of the Property pursuant to the Safe Analysis, the Zoning Ordinances
and the MDC. The representatives may recommend amendments to the Site Analysis
or this Agreement which may be agreed upon by the parties pursuant to Paragraph
1.4 above.
5.2 Timing. The Town acknowledges the necessity for prompt review by the Town of all
plans and other materials ("Submitted Materials") submitted by the Developer to the
Town hereunder or pursuant to any zoning procedure, permit procedure, or other
governmental procedure pertaining to the development ofthe Property and agrees to
use its best efforts to accomplish such prompt review of the Submitted Materials
whenever possible.
5.3 Outside Consultants. In the event the Town is unable to provide sufficient personnel
(either in-house staff or outside consultants to the Town) to review the Submitted
Materials within the time desired by the Developer, the Developer may elect to pay
the reasonable costs incurred by the Town to retain such consultants or other experts
as the Town may reasonably deem necessary to review the Submitted Materials on
behalf of the Town. Because of the Developer's liability for the Consultant's fees,
any consultants under this paragraph shall be selected by the agreement of both the
Town and the Developer. The Town and the Developer shall diligently select
consultants following a request by the Developer hereunder. The Developer
acknowledges that the consultant's recommendations will be subject to review and
revision by the Town Staff and that the Town shall not be bound by any of the
consultant's recommendations unless adopted by the Town Councilor other board or
person having final approval rights on each Submitted Material. The Developer's
liability for a Consultant's fees hereunder shall be unconditional and the Developer
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shall indemnify and hold the Town harmless from any claims relating to such fees.
In addition to the foregoing, Developer shall reimburse the Town for its attorneys'
fees incurred as a result of the negotiation and preparation of this Agreement. The
reimbursement of attorneys' fees shall be payable within 30 days of request by the
Town.
5.4 Default. Failure or unreasonable delay by either party to perform any term or
provision of this Agreement for a period of ninety (90) days [hereinafter "Cure
Period"] after written notice thereof from the other party shall constitute a default
under this Agreement. Said notice shall specify the nature ofthe alleged default and
the manner in which said default may be satisfactorily cured, if possible.
6. Notices and Filings.
6.1 Manner of Serving. All notices, filings, consents, approvals and other
communications provided for herein or given in connection herewith shall be validly
given, filed, made, transmitted or served ifin writing and delivered personally or sent
by registered or certified United States mail, postage prepaid, if to:
The Town:
Town of Marana
Town Manager
13251 N. Lon Adams Road
Marana, Arizona 85653
With a copy to:
Frank Cassidy, Esq.
Town of Marana
13251 N. Lon Adams Road
Tucson, Arizona 85653
The Developer:
Best Associates II, L.L.C.
c/o Thomas 1. Barr
11865 N. Vista Del Sol
Tucson, Arizona 85742
With required copy to:
Pat P. Lopez III, Esq.
Rusing & Lopez, P.L.L.C.
6262 N. Swan Road, Suite 200
Tucson, Arizona 85718
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or to such other addresses as either party hereto may from time to time designate in writing
and deliver in a like manner.
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7. General Terms & Conditions.
7.1 Term. If not sooner terminated, this Agreement shall automatically terminate and
shall thereafter be void for all purposes on the date nineteen (19) years from the date
hereof. If the parties determine that a longer period is necessary for any reason, the
tenn of this Agreement may be extended by written acknowledgment executed by the
parties.
7.2 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof,
and no waiver by the Town, or any Developer of the breach of any covenant ofthis
Agreement shall be construed as a waiver of any preceding or succeeding breach of
the same or any other covenant or condition of this Agreement.
7.3 Attorneys' Fees. In the event any party hereto finds it necessary to bring an action at
law or other proceeding against any other party to enforce any of the tenns,
covenants or conditions hereof, or by reason of any breach of default hereunder, the
Party prevailing in any such action or other proceeding shall be paid all reasonable
costs and reasonable attorneys fees of the other party, and in the event any judgment
is secured by said prevailing party, all such costs and attorneys' fees shall be
included therein, such fees to be set by the court and not by jury.
7.4 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 more counterparts may be
removed from such counterparts 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.
7.5 Headings and Recitals. The descriptive headings of the sections of this Agreement
are inserted for convenience only and shall not control or affect the meaning or
construction of any of the provisions hereof. The Recitals set forth at the beginning
of this Agreement are hereby acknowledged and incorporated herein and the parties
hereby confirm the accuracy thereof.
7.6
Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated
herein by this reference with the same force and effect as if fully set forth in the body
hereof.
7.7
Further Acts. Each of the parties hereto shall execute and deliver all such documents
and perform all such acts as reasonably necessary, from time to time, to carry out the
matters contemplated by this Agreement. Without limiting the generality of the
foregoing, the Town shall cooperate in good faith and process promptly any requests
and applications for plat or permit approvals or revisions, and other necessary
approvals relating to the development of the Property or the Other Property by the
Developer and its successors.
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7.8 Future Effect.
7.8.1 Time Essence and Successors. Time is of the essence of this Agreement. All
of the provisions hereof shall inure to the benefit of and be binding upon the
successors, assigns and legal representatives of the parties hereto.
Notwithstanding the foregoing, the Developer's rights hereunder may only be
assigned by a written instrument executed by Developer, and recorded in the
Official Records of Pima County, Arizona. Such assignment shall expressly
delineate rights and obligations of the Developer hereunder being assigned
and shall only be binding upon persons owning any right, title or interest in
the Property or the Other Property if such obligations have been specifically
assumed in writing or unless otherwise required by law. Any rights or
obligations not expressly assigned and assumed shall remain the rights and
obligations ofthe original Developer. In the event of a complete assignment
by Developer of all rights and obligations of Developer hereunder,
Developer's liability hereunder shall terminate effective upon the assumption
by Developer's assignee, provided that the Town has approved the
assignment to such assignee, which approval shall not unreasonably be
withheld.
7.8.2 Termination Upon Sale to Public. It is the intention of the parties that
although recorded, this Agreement shall not create conditions or exceptions
to title or covenants running with the land. Nevertheless, in order to alleviate
any concern as to the effect of this Agreement on the status oftitle to any of
the Property, this Agreement shall terminate without the execution or
recordation of any further document or instrument as to any lot which has
been finally subdivided and individually (and not in "bulk") leased (for a
period oflonger than one year) or sold to the purchaser or user thereof and
thereupon such lot shall be released from and no longer be subject to or
burdened by the provisions of this Agreement. Nothing herein shall limit or
affect the validity of documents to be recorded other than this Agreement nor
ofthe proposed bond obligations and tax assessments which, when imposed
upon the Property, shall run with the land in accordance with applicable laws.
7.9 No Partnership and Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any partnership, joint venture or
other arrangement between the Developer and the Town. No term or provision of
this Agreement is intended to, or shall, be for the benefit of any person, firm,
organization or corporation not a party hereto, and no such other person, firm,
organization or corporation shall have any right or cause of action hereunder.
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7.10 Other Instruments. Each party hereto shall, promptly upon the request of the other,
have acknowledged and delivered to the other any and all further instruments and
assurances reasonably requested or appropriate to evidence or give effect to the
provisions of this Agreement.
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7.11 Conflict ofInterest. The Town may, within three (3) years after its execution, cancel
this Agreement, without penalty or further obligation, if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on
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behalf of the Town is at any time when this Agreement is in effect, an employee or
agent of the Developer in any capacity or a consultant to any other party of this
Agreement with respect to the subject matter ofthis Agreement and may recoup any
fee or commission paid or due any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town
from the Developer arising as a result of this Agreement. The Developer has not
taken and shall not take any action which would cause any person described in the
preceding sentence to be or become an employee or agent of the Developer in any
capacity or a consultant to any party to this Agreement with respect to the subject
matter of this Agreement.
7.12 Imposition of Duty By Law. Except as expressly provided herein, this Agreement
does not relieve any party hereto of any obligation or responsibility imposed upon it
by law.
7.13 Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof. All prior and contemporaneous
agreements, representations and understandings of the parties, oral or written, are
hereby superseded and merged herein.
7.14 Amendment. No change or addition is to be made to this Agreement except by a
written amendment executed by the parties. Within ten (10) days after any
amendment to this Agreement, such amendment shall be recorded by, and at the
expense of, the party requesting the amendment, in the Official Records of Pima
County, Arizona.
7.15 Names and Plans. The Developer shall be the sole owner of ad names, titles, plans,
drawings, specifications, ideas, programs, designs and work products of every nature
at any time developed, formulated or prepared by or at the instance ofthe Developer
in connection with the Property or the Other Property or any Plans, provided,
however, that in connection with any conveyance or portions of the Infrastructure as
provided in this Agreement such rights pertaining to the portions of the Infrastructure
so conveyed shall be assigned to the extent that such rights are assignable, to the
appropriate governmental authority.
7.16 Good Standing: Authority. The Developer represents and warrants to the others that
it is duly formed and validly existing under the laws of Arizona. The Town
represents and warrants to the Developer that it is an Arizona municipal corporation
duly qualified to do business in the State of Arizona and is in good standing under
applicable state laws. Each of the parties hereto represents and warrants to the other
that the individual(s) executing this Agreement on behalf of the respective parties are
authorized and empowered to bind the party on whose behalf each such individual is
sIgmng.
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7.17 Severability. If any provision of this Agreement is declared void or unenforceable,
such provision shall be severed from this Agreement, which shall otherwise remain
in full force and effect. If any applicable law or court of competent jurisdiction
prohibits or excuses the Town from undertaking any contractual commitment to
perform any act hereunder, this Agreement shall remain in full force and effect, but
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the provision requiring such action shall be deemed to permit the Town to take such
action at its discretion, if, however, the Town fails to take the action specified
hereunder, the Developer shall be entitled to terminate this Agreement.
7.18 Governing Law/Arbitration. This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of Arizona, and the parties agree that any
litigation or arbitration shall take place in Pima County, Arizona. In particular, this
Agreement is subject to the provisions of A.R.S. 938-511. This Agreement has been
negotiated by separate legal counsel for the Town and the Developer, 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. Any dispute, controversy, claim
or cause of action arising out of or relating to this Agreement shall be settled by
submission ofthe matter by both parties to binding arbitration in accordance with the
rules of the American Arbitration Association and The Arizona Uniform Arbitration
Act, A.R.S. 9 12-501 et seq., and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
7.19 Recordation. No later than ten (10) days after this Agreement has been executed by
the Town and the Developer, it shall be recorded in its entirety, by, and at the
expense of, the Developer, in the Official Records of Pima County, Arizona.
7.20 No Developer Representations. Except as specifically set forth herein, nothing
contained herein or in the Site Analysis shall be deemed to obligate the Town or the
Developer to complete any part or all of the development of the Property, and the
Site Analysis shall not be deemed a representation or warranty by the Developer of
any kind whatsoever.
7.21 Default and Remedies. If any party to this Agreement is in default under any
provision of this Agreement, the non-defaulting party shall be entitled, without
prejudice to any other right or remedy that it may have under this Agreement, at law
or in equity, to specific performance by the defaulting party of this Agreement, or, in
the alternative, to terminate this Agreement as if this Agreement had expired in the
normal course and to exercise any and all other remedies available to it at law or in
equity.
7.22 Approval. If any party is required pursuant to this Agreement to give its prior written
approval, consent or permission, such approval, consent or permission shall not be
unreasonably withheld or delayed.
...-,.
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7.23 Force Majeure. If any party hereto shall be unable to observe or perform any
covenant or condition herein by reason of "force majeure," then the failure to observe
or perform such covenant or condition shall not constitute a default hereunder so
long as such party shall use its best effort to remedy with all reasonable dispatch the
event or condition causing such inability and such event or condition can be cured
within a reasonable amount of time. "Force maJeure," as used here, means any
condition or event not reasonably within the control of such party, including, without
limitation,"acts of God;" strikes, lock-outs, or other disturbances of
employer/employee relations; acts of public enemies; orders or restraints of any mind
of the government of the United States or any state thereof or any of their
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departments, agencies, or officials, or of any civil or military authority; insurrection;
civil disturbances; riots: epidemics; landslides; lightning; eatihquakes; subsidence;
fires; hurricanes; storms; droughts; floods; arrests; restraints of Government and of
people; explosions; and partial or entire failure of utilities. Failure to settle strikes,
lock-outs and other disturbances of employer/employee relations or to settle legal or
administrative proceedings by acceding to the demands of the opposing party or
parties, in either case when such course is in the judgment of the party hereto
unfavorable to such party, shall not constitute failure to use its best efforts to remedy
such a condition.
7.24 Definitions. Unless otherwise defined in this Agreement, all terms used herein shall
have the meaning assigned to such terms in the CFD Act so long as such
interpretation does not conflict with any other provision of this Agreement.
8. Protected Development Rights.
8.1 Purpose. One of the purposes of this Agreement is to establish legally protected
rights for the development of the Property in a manner which is consistent with the
MDC Zoning Ordinances, Site Analysis, and this Agreement, in order to ensure
reasonable certainty, stability and fairness to the Developer over the term of this
Agreement. Toward this end, Developer and Town agree that the zoning designations
granted by the Zoning Ordinances shall remain in effect and shall not be changed
without the agreement of the Developer for the term of this Agreement, unless an
automatic reversion occurs pursuant to the Zoning Ordinances.
8.2 Future Impact Fees. In consideration for the roadway upgrades described in
paragraph 3 infrastructure improvements described in paragraphs 2.1, 2.2 and 2.3,
and water improvements described in paragraph 2.4, and recreational facilities
described in paragraphs 4.1, 4.2 and 4.3 funded and/or constructed by Developer
pursuant to this Agreement, in the event the Town adopts an impact fee for the same
infrastructure for which Developer has contributed land and/or made improvements
and/or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to
a credit for such contributions as set forth in A.R.S. ~ 9-463.05, and/or the other
protections provided for in this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
~ r ,2004.
Date ~ r 1;2..0"1l '!
ATTEST:
TO~
TOWN OF MARANA, an Arizona municipal
corporation
ai:t~k.
APPROVED AS TO FORM:
BEST ASSOCIATES II, L.L.C., an Arizona
limited liability company
~&~/
Mf2~ l
STATE OF ARIZONA)
) ss
COUNTY OF PIMA )
The foregoing document was sworn to and acknowledged before me the '1 M- day of
~ ,2004, by 'HIl dJ If~ 13n-~,e , as rrJ K yrJ A E IC of Best Associates
II, L. .C., an Anzona lImIted lIabIlIty company, on behalf of said lImIted lIabIlIty company.
~~
Notary Public
OFFICIAL SEAL
CAMILLE DESIMONE
~1~r~#8~~~~ONA
e 14j 2006.
STATE OF ARIZONA)
) ss
COUNTY OF PIMA )
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The foregoing document was sworn to and acknowledged before me this 9 f day of
~ ' 2004, by~o &/3 '1 <SU'7Ti,v ~Je..>, as rn frll rL.. of the Town of
Marana.
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Notary Public
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OFFIC!AL SEAL
CAMILLE DESIMONE
)NOTAF{Y PUBLlC.ARIZONA
siqnl~iOOUNTY
M Comm. Ex . June 14, 2006
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EXHIBIT "B"
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EXHIBIT "E"
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EXHIBIT "F"
PARK PLANS
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Exhibits to
Amended and Restated Development Agreement
between
Town of Marana
and
Best Associates II, LLC
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Exhibit Description
A-I Map depiction of Development Property
A-2 Legal desc~ption of Development Property
B Marana Ordinance No. 97.04 (passed and adopted on 02/18/97)
C Marana Ordinance No. 99.14 (passed and adopted on 05/18/99)
D Proposed infrastructure plan for the Property
E Transportation Upgrades (Twin Peaks; Lambert Lane; and Airline Road)
F Park plans/Drainage/Trails
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EXHIBIT OF SECTION 18 AND
PORTIONS OF SECTIONS 17 AND 19
T-12-8, R-12- E
GILA & SALT RIVER MERIDLili
PIMA COUNTY, AZ
PREPARED:
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DATE: 03/04/03 JOB No. 96103 SHEET No.--1-oL1-
NAME: S: \95000\96103\dwg\exhibitTolel.dwg
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UIE Project No. 96103
Sheet 1 of 3
PROPERTY DESCRIPTION
All that portion of Sections 17, 18 and 19 of Township 12 South, Range 12 East, Gila and Salt
River Meridian, Pima County, Arizona, more particularly described as follows:
BEGINNING at the Northwest corner of said Section 18;
THENCE along the North line of said Section 18, North 890 47' 51" East, a distance of2525.55
feet to the North one quarter of said Section 18;
THENCE continuing along said North line of Section 18, North 890 45' 48" East, a distance of
2640.93 feet, to the section corner common to Sections 7, 8, 17 and 18;
THENCE along the North Line Section 17, North 89047' 29" East, a distance of 1320.67 feet to
the Northeast comer of the Northeast quarter of the Northeast quarter of said Section 17;
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THENCE along the east line of said Northwest quarter of the Northwest quarter of Section 17,
South 000 04' 21" East, a distance of 1321.45 feet to the Southeast comer of said Northwest
quarter of the Northwest quarter;
THENCE along t~e South line of said Northwest quarter of the Northwest quarter, South 89046'
49" West, a distance of 489.36 feet;
THENCE North 150 13' DO" West, a distance of510.00 feet;
THENCE North 89046' 49" West, a distance of265.27 feet;
~NCE South 150 13' 00" East, a distance of 510.00 feet, to a point on said South line of the
Northwest quarter of the Northwest quarter;
THENCE along said South line North 89046' 49" East, a distance of99.11 feet;
THENCE South 080 23' aT' East, a distance of 124.19 feet;
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THENCE South 020 50' aT' West, a distance of201.36 feet;
TfiENCE South 080 09' 26" East, a distance of212.13 feet;
THENCE South 120 58' 03" West, a distance of 133.42 feet;
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January 29,2001
UIE Project No. 96103
Sheet 2 of 3
THENCE South 490 37' 38" East, a distance of 123.43 feet;
THENCE South 000 01' 38" East, a distance of220.00 feet;
THENCE South 320 03' II" East, a distance of 421.1 0 feet;
THENCE North 89047' 51" East, a distance of 53.49 feet;
THENCE South 19035' 39" East, a distance of 107.58 feet;
THENCE South 040 13' 43" West, a distance of392.42 feet;
TIrENCE South 000 37' 37" East, distance of458.03 feet;
THENCE South 410 19' 49" East, distance of 196.51 feet;
THENCE South 200 04' 22" West, a distance of 137.71 feet;
TIrENCE South 140 17' 07" East, a distance of397.63 feet;
-8
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TIrENCE South 43002' 22" East, a distance of520.75 feet;
THENCE South 110 44 ~ 51" East, a distance of 281.91 feet;
THENCE South 13029' 46" West, a distance of 367.26 to a point on the South line of Section
17;
THENCE along said South line of Section 17, South 890 33' 58" West, a distance of 1553.53
feet to the Section corner to Section 17, 18, 19 and 20;
THENCE along the east line of said Section 19, South 000 11' 13" East, a distance of995.54 feet
to a point on Lie North right-of-way of Twin Peaks Road, as recorded in Book 2 at Page 151 of
Road Maps;
THENCE along said North right-of-way North 720 23' 10" West, a distance of3180.37 feet, to a
point on the West line oftne East half of the East half of the East half of the Northwest quarter of
said Section 19;
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THENCE along said West line North 01032' 29" East, a distance of 49.14 feet to the common
line of said Sections 18 and 19;
THENCE along said common line South 890 50' 50" West, a distance of 168.25 feet to a non-
tangent point on a curve having a radius of 1176.28 feet and a central angle of 170 46' 00" whose
radial line bears North 17036' 50" East, said point also being on the said North right-of-way of
Twin Peaks Road;
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January 29,2001
UIE project No. 96103
Sheet 3 oD
THENCE along said North right-of-way and the arc of said curve to the left an arc distance of
364.75 feet, to a point of tangent;
THENCE continuing along said North right-of-way, being a line 30 feet North of and parallel to
said common line of Section 18 and 19, South 890 50' 50" West, a distance of 1777.09 feet to the
West line of said Section 18;
THENCE along said West line North 000 08' OS" West, a distance of 261 0.81 feet to the West
quarter corner of said Section 18;
THENCE continuing along said West" line, North 00006' 47" West, a distance of2642.14 feet to
the Northwest comer of said Section 18, being the POINT OF BEGINNING;
Except a strip oflandl00 feet in width through said Section 18, more particularly described as
follows: .
COMMENCING at .the West quarter corner of said Section 18;
THENCE along the West line of said Section 18, South 000 08'05" East, a distance of 798.55
<~, feet to the POINT OF BEGINNING;
THENCE North 38023' 46" East, a distance of4402.63 feet to a point on the North line of said
Section 18;
THENCE along said North !ine North 890 45' 48" East, a distance of 128.01 feet;
THENCE South 380 23' 46" West, a distance of 4608.12 feet, to a point on said West line of
Section 18;
THENCE along said West line North 00008' 05" West, a distance of 160.53 feet to the
POINT.oF BEGINNING;
Said parcel contains 787.14 acres more or less.
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:'rI.-\R.-\\A ORDI\.-\\CE \0. 97.04
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-::'<:\.:.'i ORDrNA:."'iCE OF THE ivLA..YOR AND COUNCIL OF THE TOWN OF ?vL~..)lr..,
, .~ON~ CR.J._,\;GJ)iG TdE zoNING OF CERTAIN PROPERTY OWN'ED BY BEST
ASSOCl-\TES, L.!...c., A1'ID LOCATED IN SECTION 18 Al'\i1) \\'lTHIN THE NORTH.'N'EST
1/4 OF SECTIO~ I, TOWNSHIP 12 SOUTH. R.Au'\fGE 12 EA~T, BORDERED BY L.A.J.vlBERT
LAi"IE TO THE ?'ORTH At'ID TWIN PEAKS ROAD TO THE SOUTIi FROM "ZO"N"E Cn
(LARGE LOT zm<E, ~rrNIMlJlvl LOT SIZE 25 ACRES) 10 "ZONE R-36" (SINGLE F AMIL Y
RESIDENTIAL,' :-.fDrIMillvl LOT SIZE 36,000 SQUARE FEET), "ZONE R-6" (SlNGLE
F.A.!vQL Y RESIDE::\ ll-\L, 1YITNIMUM LOT SIZE 6,000 SQUARE FEET) ..\J"l"D "ZONE 1vC--f'
(NL>\i"\[UFACTlJRED HOME). '
,. '?f1:IERE.~~.l B~?~,Ass~<:~~~~~, .l-.!:-.G:.t ate. the owners of approximately 652 acres of land
located in section 18 2.:1d within the northwest 1/4 of section 17, township 12.south, range 12 e~t,
bordered by LamDe~ La~e to t?e north and Twin Peaks Road to the south; and
V/HEREAS, :he owner, through the applicant, Urban Engineering, has applied to the To\....n
of Maran a to change ::-:e zoning of the property from "Zone Cn (Large Lot Zone, minimum lot slze
25 acres) to "Zone R-36" (Single Family Residemial, minimum lot size 36,000 square feet), "Zone
R-6" (Single Family Residential, minimum lot size 6.000 square feet) and "Zone rvlli" (Yfanufacrure:i
Home); and
~ \VHERE.-\.S, ..~e rezone is requested in order to develop single family residentiallors, 2. mobiie
::'::L:home subdivision, and a golf course; and
VlHEREAS, :he ?vlarana PlaIU-llng Commission held a public he:rring on the rezorun!Z. re8ues;:
on Ocwber 30, 1996, and following this public hemng voted 4-1 to recommend that the To'.....-n
Councii deny the ie::;;.:es;: for rezoning of the property: and
:-.....
\Y1-IEREAS, ~:-;e Town Council of the Town of Maran a held a public hearing Oil the rezoi1::1g
reques;: on March 4. 1997, to obtain public input on the request for a change of zoning, end he3.rc
from staff, the re?rese:1tative of the owner, and members of the public and has deter:.lined that the
rezoning request shc:;ld be approved, with conditions.
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::.~d so:.::~ ofL::JI,:;:::-: :"'::.:;e, spe;:i;ic:'.l!y loc:ned in section IS end within the norcn\,;ts, l!~ cf see::::::
17, to'.\T:ship 12 s;;~::-_ :-::.nge 12 e::'5t, se::tion 17 ;:.nd more p;:."iculai)' descjibed i:l E:d:iJi: .j.. a,:::i:~,~:
here~o. is hereb'; :~.::.:-:ged fjam "Zone C" (L::.,ge Lot Zone) to "Zone R-3S" (Si;]~le F~:;:::';
-, .' d ., ..' ,- . , r 000 "') "7 R /" (,' ,~ ., R ,,'. - ., .
:\.e::>1 e:i::~, lTurJr:1:':::: :-:: sIZe .::0. sqU:lJe ree~. _one. -') _l::gic t':li711IY es::e~:::lL :::::-::S:';::-.
lei si.,." ....~ 1)00 ~;-,'_'::'.~~_ .-",,,,,') ""0' ..7....,.,.. \.f'U" i\\"lnu:"C"r-":j 1-10I"ic') SLJ"'I"'~.' '.:' ......:" ... '
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A traffic impact analysis (T1:\) anc sub-regional tr2.r:S?OIl2.~;Cn study for the parcel mllSe :;e
submitted by the Deve:oper :l:.c acce;)ted by the Town E:lgir.eer and Pima COllnty
De?anment of Transpormion ~rior to the approval or the first preliminary pi at or
developme:lt plan submit!e~ for this proje~~.. The TIA is to include signal warrant studies :u
all proposed major imerse::-jons, a.'121ysis of safery issues at ..v:zona Ponland Ce:ne:1t (.~C)
ci'"OSSin2s on Lambe~ Lane ane Twin Pe:tks Road, wirh recomme:1dations for safe~v
improv;mems such as crossing gates, school site accessibi~ity and off-site road improveme;t
requirements.
.., The De~eloper is required to de~icate additional right-of-\vay for the Twin Peaks Road,
Lambert Lane and Airline Road to accommodate a half right-or-way or 75 feer or as identified
in the Sub re2ional TransL>onation Study.
- . .
3. . The Deve!ope('s financ:al obligation o,f SI,OOO per dwelling Unit In respect to oti:-sae
'imorovemems and.other obli!!atior.s shaIl be detailed in a developme:1t a!:!:reeme:1t <l.ooroved
co~currently with the preliminary biock plat for the development. - . .
4. Access to Twin Pe3.ks Road must be accepted and recorded prior to the approv;!l of a
preliminary plat, deveIopr:1ent phn or building permit.
5.
The Developer shall submit a conce?t pl3.n of the deve!opmem at the pre!iminarj plat stage
that de!ine3.tes the propos...~ internal and e:ae:nal vehicular, bicycle and pedestrian circulation
system and Slreet crossings for approval by the Town Engineer and Mar-ana School DistricL
Panicular emphasis is to be placed on safe acce5sibiiity to the proposed school site.
6. Dead end roads (i. I!. cuI de sacs) s:,all not e.xceed six hundred (600') feet in lenQ:th.
I, A master "vater plan musr:,e submit!~d by the Deve!o~er and acce;ned by the \Vater Urilities
Director prior to the approval of~he preliminary piZlt by the Town Co~n~iL
s.
.A master sewer plan mUSi be submitted by the Developer and accepted by the Pima Coun;y
Waste\',o'ater iv[anagemem 2.!'ld the To\',on Engineer prior to the approval of the preliminary pbt
by the Town Council.
9
The m:Lximum number ofc\\"eHing :.;::::s on the prope;;y \Viii n0t exceed 2,:'00 ii1 ilccord::n::::
'xjth the re\.ised Twin P::::ks r.!:1s:e;?lan Projeci S~:;:ii:j:::Y. d:~tcd Fetlru:::',,' ; :J, i 997, :l,'::
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:SeCtion 2. .-\11 \t!3.r2na ordinar.ces. res~bticns. or moticr.s ar.c p~ns o( ordin:'.l1ces, res0!utions,
:~~oticr.s cf the Council in confJic~ '.vi:~ ,he provisions of this crdin:lnce are hereby re?e:lld,
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Y'~t:i'ie 2.S ':)f ,he effedve date of this cr:inance.
Section 3, If:lIlv se::ion., subsec:ion. se=:te:1ce. c::!.use, phrase or pcrcion of this ordinance is for
1iiY re1son held t~ be invalid or unc:::r.s~itutional by the dec:sion of any court of comoe~e:lt
lorisdict,cn, sach decision shall not aileet toe validity of the remaining ponions the,eof. '
PASSED ~'\ID f\DOPTED by .he )..[ayor and Coundofthe To\vn of~lar~'la 'Arizona, this
18th day o;:"rebruary, 1997., . ( /. .
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EXHIBIT "C"
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\\Server\Server C\Frank C\20040406 Council Meeting\Doc - Amended and Restated Develop. Agr.021004.doc
DEP~CORDER
2057 -'::-;:"1 ROOA
NO~O~~~~S; 7
SEQU".E:l-r::.'..::: 19991120187
06/11/1999
ORDrN 12:00
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SMARA
TOWN OF HARANA
ATTN: TOliN CLEM
13251 N LON ADAMS RD
HARANA AZ 85653
MAIL
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AMOUNT PAID $
9.00
lYIARANA ORDINANCE NO. 99.14
AN .ORDIKANCE OF TIlE NL~ YOR AND COUNCIL OF THE TO\\"N OF MARANA,
ARllONA, APPROVING A REZONE REQlJEST BY BEST ASSOCIATES, L.L.C., FOR A
PARCEL LOCATED IN A PORTION OF THE NORTH ON"E-HALF OF SECTION 19
,
TOWNSffiP 12 SOUTH, RA1\jGE 12 EAST, FROM "ZONE R-144" TO "ZONE R-6,"
ASSESSOR'S PARCEL NUMBER 221-01~OOI0, .Au'lD FOR A PARCEL LOCATED IN A
PORTION OF THE WEST ONE-HALF OF SECTION 17, TOWNSHIP 12 SOUTH, RAl"\JGE 12
EAST, FROM "ZONE C" TO "lONE R_6/t ASSESSOR'S PARCEL NUf..-fBER 226-03-033H.
. WHEREAS, Best Associates, L.L.C. is the OVt11er of ~'O vacant parcels consistina of
. ~
approximately 62 acres located adjacent to the area originally zoned for the Saguaro Springs Master-
planned Community, as depicted on Exhibit A, attached hereto and incoi"porated herein by this
reference, and are more specifically described as a portion of the North One-Half of Section 19,
Township 12 South, Range 12 East, and a portion of me West One-Half of Section 17, TO\ll!1ship
12 Sourh, Range 12 East; and
.:"~
\VHEREAS, Best Associates, L.L.C. has requested a rezone of the 32-acre property from
"lone R-144" (Single Family Residential, minimum lot size of 144,000 square feet) to "Zone R-6"
(Single Family Residential, minimum lot size of 6,000 square feet), more particularly described in
Exhibit B, attached hereto and incorporated herein by this reference; and
WHEREAS, Best A.ssociates, L.L.C. has also requested a rezone" of6e 29..8-acre property
from "Zone C" (Large Lor Zone) to "Zone R-6" (Single Family Residential, minimum lot size of
6,000 square feet), more particularly described in Exhibit C, attached hereto and inccr;>orated herein
by this reference; and
WHEREAS, the Marana Planning Commission, after a public he~ring, considered this
request for a r~zone on March 31, 1999, and voted unanimously to reco;:"12e::d that the TO\'''11
Council approve said rezone for the purpose ofintegrnting the t\\'o subject pa:-ce:s i~to the planned
cOr.1munity: and .
\VHEREAS, the ~b.'":J.n:l 10\1,11 Council h~d from the representative o:lhe o \vTIer, staff and
memb~rs of the p~blic.lt the regular Town Council meeting held 0.-by 18. 1999. a:ld h:ls determin~d
then the rczo:;e is in conformiry \.virh rhe: Ge:1er:J.: PIJI1 and should b~ nppr;)\"~::.
NOW, THEREFORE. BE [T ORD.-\f.'.:ED by rh:: ;...!ayor:J.Ed Council o:..,~:: T 0\.vn of~br:lr.:J..
Arizon:J.. :lS follows:
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Section 1. The zoning of approximately 32 acres located in the North One-Half of Section 19,
Tov.nship 12 South. Range 12 East, Assessor's ParcelNumber221-0 1-00 10, is hereby changed from
.:Zone R-l44" (Single Family Residential, minimwn lot size of 144,000 square feet) to "Zone R-6"
(Single Family Residential, minimwn lot size of 6,000 square feet).
Section 2. The zoning of approximately 29.8 acres located in the \Vest One-Half of Section 17,
Tov.TIship 12 South, Range 12 East, Assessor's Parcel Number 226-03-033H, is hereby changed
from '.Zone C' (Large Lot Zone) to "Zone R-611 (Single Family Residential, minimum lot size of
6,000 square feet).
Section 3. The purpose of this rezoning is to integrate the two subject parcels into the Saguaro
Springs Master-planned Community, subject to the following conditions:
a)
A traffic impact analysis (TIA) and sub-regional transportation study for the parcel must be
submitted by the Developer and accepted by the Town Engineer and Pima County
Depart.."Ilent of Transportation prior to the approval of the first preliminary plat or
development plan submitted for this project. The n~ is to include signal warrant studies at
all proposed major intersections, analysis of safety issues at Arizona Portland Cement (APC)
crossinas on Lambert Lane and Twin Peaks Road, \vith recommendations for safety
~ .
improveI:1ents such as crossing gates, school site accessibility and 0 ff-si te road improvement
requirements.
b)
The Developer is required to dedicate additional right-of-way for T....10 Peaks Road, Lambert
Lane and Airline Road to accornmodate a halfright-of-\vay of75 feet or as identified in the
sub-regional transponation study.
c)
The Developer's financial obligation of Sl,OOO per dwelling unit in respect to off-site
improvements and other obligations shall be detailed in an amendment to the Development
Agreeme:1t between the TO\.\11 and Best LLC II, as approved by Resolution No. 98-38 and
recorded with the Pima County Recorder's Office at Docket 10798, Page 663 on 05/18/98,
and approved concurrently ......ith the preliminary block plat for the devdopment.
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Access iO Twin Peaks Road must be accepted and recordd prior to the approval of a
preliminary plat, development pian or building permit.
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The D~ve!ope'I' shdl submit a concept plan of the developme:1t at tr.e prdir::inary plat 5t.:!ge
that ddineates the proposed internal and external vehicular, bicycle and pedestrian
circubtion system and street c:-o$sings for approval by the To\'y'~ E:1ginee;- and ~lnrai1n
School District. P:rr:icular empbsi$ is to be pbced on s.:lfe accessibility to the proposed
school site.
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f) Dead end roads (i.e. cuI de sacs) shall not exceed six hlUldred (600) f~et in length.
g) A master water plan must be submitted by the Developer and accept~d by the Utilities
Director prior to the approval of the preliminary plat by the Town Council.
h) A master sewer plan must be submitted by the Developer and accepted by Pima County
- Wastewater Management and the Town Engineer prior to the approval of the preliminary plat
by the TO,",11 Council.
i) The ma.ximum number of dwelling units on the property will not exceed 2:509 in accordance
with the Amendment to Saguaro Springs Site Analysis, revised January, 1999, and revised
La.'1d Use Concept, dated February 17,1999.
j) The school site shall be subject to all Planning and Engineering standards, ordinances, etc.
in effect at the time the school is developed.
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k) Residential lots shall not front on any arterial or collector street \.\ithin or adjoining the
-- . proposed development. Direct access onto Lambert Lane will be reviewed separately and
. must be approved by Pima County and the Town Engineer.
1) A master drainage plan must be submitted by the Developer and accepted by the To\vn
Engineer prior to the approval of the preliminary plat by the Town Council.
m) The Developer shall rezone the proposed schools site if determined not to be a pernissible
use in the current zone.
n) The Final Plat will include a disclosure statement, \..ith language acceptable to the To \\-11 ,
advising of the existence and location of the quarry road which bisects the project.
Section 4. Ali Ordinances, Resolutions, and Motions and parts of Ordinances: Resolutio~s, 1::1C
Motions of the ~rarana Town Council in conflict with the provisions of this Ordinance are here by
re:)eaJed, effec~ive as of the effective date of Ordinance No. 99.14.
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Section 5. If :my section, subsection, sentence, cl:mse, phrase or portion of this Ordin:mce is for any
re:l.Son held to be invalid or unconstitutional by the decision of any court of cOIT.p~te:lt jUrlsc:ctior..
SL:ch decision sh:1l1 riot affect the validity of the remaining ponion.:; hereof.
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PASSED Al'ID ADOPTED by the Mayor and COW1cil of the TO......11 ofMarana, Arizona, this
13th day of May, 1999.
~~M->~
Mayor ORA MAE ARL\f
ATTEST:
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APPROv"ED AS TO
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Daniell. HochuIi, Esq.
As Town Anomey ,
apd not personally
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E)~HIBIT A
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MARANA
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TOvVN OF r'IARANA
PLANNING .&
ZONING
CASE NO. PCZ-9921
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REQUEST
f.ReqUest by Best Associates to rezone parcel numbers 221-01-0Cl0 end
:.;~26-03-033H, consisting of approximately 64 acres, from Town Zone R-144 (s;ngre
-family residential, min. lot size 144,000 sq. ft.) and TO\,vn Zone C (Large Lot Zone)
to TOv'Iil Zone R-6 (single family residential, min. lot size 6,000 sq. ft.).
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EXHIBIT 8
It.:.!: 10, 1993
UIE Prcjecr No. 96 r 03
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PROPERTY DESCRiPTION FOR REZOiVE
A parcel of land located in S~ction 19, To~hip 12 South, Range 12 East, Gila and Salt
River Meridi<Ul, Pima Couilrj,.Arizona, more particularly described as foIlo'),."s:
BEG]]\/}.1NG at the Northeast corner of said Section 19;
TI:I:El\iCE along the East line of said Section 19, South 000 II' 13" East a distance of
996.54 feet, to the North Right-of-Way of Twin Peaks Road as snov,.l1 on Book 2 of Road
. Maps at Page 151;
THENCE along the said North Right-oI-Way line of Twin Pea.~s Road, Nor~ 720 23' 10"
\Vest, a distance of31 04.87 feet to a point on the West line of the East half of the East half
of the Em half of the Northwest Quarter of said Section 19;
THENCE along said WeSt line NOM 01G 32' 29" East a distance of 49.14 feet to 6e
North line of said Section 19;
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THENCE alone said North line North 89050' 50" East, a distance of 315.62 reet to the
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Non..i.qtlaJ.-ter corner of said Section 19;
THENCE continuing along the said Nonh line of Section 19, North 890 50' 50" Eas:, 2.
distance cf2639.l2 feet to the POINT OF BEGINNING:
EXCEPTING therefrom, the South 45.00 feeL
. SA1D parcel contains 1,405,869 square fee~ or 32.27 acres, more or less.
Prepared by:
URB.tu"f ENGINEER.l:NG, INC.
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EXHIBIT C
?eOIU2.!"*f3, 1999
VIE Proje::~No. 96103
0.
SAGUARO SPRhVGS EASTSIDE REZ01VLYG
PROPERTY DESCRIPTION
A por..ion of Section 17, To\ltnship 12 South, Range 11 E2St, Gila ~d Salt Rive:-
1v!eridlm, Pima County, Arizooz, mo~e particularly described 2.S follows:
BEG~N1NG at the Southwest section comer of said Section 17;
THENCE along the West section line' of said Section 17, North 000 04' 38" Wes'L., a
distance of2,645.59 fe.et to the West one quarter cqmer;
1"IiENCE continuing along said West section line, North 000 07' 04" ryest, a dis.ance of
1,321.71 feet to the Southwest comer of the Northwest quarter of the Northwest qu.crte: of
said Section 17;
T~CE along the South line of s2id Ncr.hwest qt!.2.rter of the Northwest qll.2:Ler No...:.~
89~ 46' 49" East, a distance of 12.83 feet;
TtIENCE South 03009' DIn Eas; a distance of 678.32 feet;
TclENCE South 510 03' 03" East, a ciis.ance of1~7.72 feet;
1HENCE South 08047' 44n Easr, a distance of726.81 feet;
.8l T.dENCE SoLItb. 19045' 27'.' EsS, a distance of209.98 feet;
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THENCE South 08021' 16" West, a disWlce of 449.98 feet;
TI-:ENCE South 01026' 20" West, a dist2!1ce or 82S.0B feet;
TliENCE South 300 34' 23" East, a distance of363.90 feet;
TI1ENCE Sout.~ 540 17' 20" East, a disr2l1c: or 49 1.54 feet;
1 HENCE North 88055' 29" E~r, a distance of187.83 feer;.
THENCE South 00030' 35" East, a di~..ance of 410.14 fe~t to the SOtlth se::ion li=e of
said Section. 17;
TI-:ENCE aIOiJg said Sout.l]. seeton Ii:1e South 89033' 58" West, a dist2l:ce of 1022.55 feet
to the P00l1 OF BEGj}j~1NG;
Said parcel eontains 29.73 ac~es, rncr~ or kss.
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EXHIBIT "D"
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\\SERVER\SERVER C\FRANK C\20040406 COUNCIL MEETING \DOC - AMENDED AND RESTATED DEVELOP. AGR.021004.DOC
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Saguaro Springs Major Infrastructure
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Roads: (Exhibit 1)
Twin Peaks Road:
Twin Peaks Road will be widened and overlaid from the west boundary of the Saguaro Springs
project to a point approximately 1,740 ft. east, and reconstructed from that point to the east
project boundary. Improvements in the overlay portion will include a two (2) inch overlay of
existing pavement, widening for left and right turn lanes at Saguaro Highlands drive, and five (5)
foot wide bike lanes in each direction. Improvements in the reconstructed portion will include
left and right turn lanes at Saguaro Peaks Boulevard, and five (5) foot wide bike lanes in each
direction.
Saguaro Peaks Boulevard: .
A new roadway will be constructed between Twin Peaks Road and Lambert Lane approximately
3,167 ft. east of the west boundaryofthe Saguaro Springs project. Improvements will include a
four-lane divided roadway approximately 6,000 ft. in length with medians, curb, side~alk, and
bike lanes. .
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Lambert Lane:
Lambert Lane will be widened and chip sealed from the intersection of Airline Road to a point
approximately 4,130 ft. east. Improvements will include left and right turn lanes at the
intersection of Saguaro Peaks Boulevard and Lambert Lane, and widening for five (5) foot bike
lanes in each direction. Additional improvements will include a grade separated ten (10) foot
bike path along the south side of the roadway from Airline Road to Saguaro Springs Road.
Lambert Lane v..ill be reconstructed from a point approximately 4,130 ft. east of Airline Road to
a point 4,900 ft east. Improvements will include reconstruction of the alignment of the existing
curve and the addition of five (5) root bike lanes in each direction.
AJrline Road:
The intersection of Lambert Lane and Airline Road shall be reconstructed. Improvements will
include widening of Airline Road for a left turn lane and five (5) root wide bike lanes in each -
direction. Provision will be made for through traffic to proceed south on a local street to be
constructed with the development of Block 1.
Additional improvements shall consist of a two (2) inch overlay from the intersection of Lan1bert
Lane to A vra Valley Road.
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~anitary Sewer: (Exhibit 2)
Sewer improvements include an on-site collection system, a lift station, and an off-site force
main and gravity sewer line. The collection system includes gravity sewer mains ranging in size
from 8 inch to 15 inch to the lift station. The lift station is made up of wet well, duplex sewer
pumps, electrical switches and controls, odor control, paving, fencing, and back up power. The
off-site force main consists of a 10-inch IPS HDPE, which will discharge into a 12-inch gravity
line.
Water System: (Exhibit 3)
The water system will consist of upgrades to an existing well, one new well, construction of a
storage tank, booster pumps, hydro-pneumatic tanks, and a distribution system of 8-inch to
12-inch water mains including fire hydrants.
Grading and Drainage: (Exhibit 4)
Improvements will consist of two graded channels conveyed under the proposed Saguaro Peaks
Boulevard in new concrete box culverts, a single graded channel conveyed under the Arizona
Portland Cement property in a new concrete box culvert, an on-site detention basin, and an
off-site out-fall channel.
Additional drainage improvements will include the installation of pipe culverts under the
reconstnicted portion of Twin Peaks Road, designed to convey the ten-year storm event.
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ROADS
EXHIB IT 1
DATE: 01/30/01 PROJ. No. 95101
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EXHIBIT 3
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Marana Traffic Improvements to Be Constructed
With Developer Contributions
Twin Peaks Road:
Twin Peaks Road will be widened and overlaid from the west boundary of the Saguaro Springs
project to a point approximately 1,740 ft. east, and reconstructed from that point to the east
project boundary. Improvements in the overlay portion will include a two (2) inch overlay of
existing pavement, widening for left and right turn lanes at Saguaro Highlands drive, and five (5)
foot wide bike lanes in each direction. Improvements in the reconstructed portion will include
left and right turn lanes at Saguaro Peaks Boulevard, and five (5 ) foot wide bike lanes in each
direction.
Pipe culverts will be installed under the reconstructed portion of Twin Peaks Road, designed to
convey the ten-year storm event.
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Lambert Lane:
Lambert Lane will be widened and chip sealed from the intersection of Airline Road to a point
approximately 4,130 ft. east. Improvements will include left and right turn lanes at the
intersection of Saguaro Peaks Boulevard and Lambert Lane, and widening for five (5) foot bike
lanes in each direction. Additional improvements will include a grade separated ten (10) foot
bike path along the south side of the roadway from Airline Road to Saguaro Springs Road.
Lambert Lane will be reconstructed from a point approximately 4,130 ft. east of Airline Road to
a point 4,900 ft. east. Improvements will include reconstruction of the alignment of the existing
curve and the addition of five (5) foot bike lanes in each direction.
Airline Road:
The intersection of Lambert Lane and Airline Road shall be reconstructed. Improvements will
include widening of Airline Road for a left turn lane and five (5) foot wide bike lanes in each
direction. Provision will be made for through traffic to proceed south on local street to be
constructed with the development of Block 1.
Additional improvements shall consist of a two (2) inch overlay from the intersection of Lambert
Lane to Avra Valley Road.
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