HomeMy WebLinkAboutResolution 2023-037 Approving and Authorizing the Town Manager to Execute an Agreement for Reimbursement of Impact Fees for Rancho Marana 154 MARANA RESOLUTION NO. 2023-037
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE AGREEMENT REGARDING REIMBURSEMENT OF
IMPACT FEES FOR RANCHO MARANA 154 BY AND AMONG THE TOWN OF
MARANA, MERITAGE HOMES OF ARIZONA, INC., AND SREP MARANA RETAIL
ASSOCIATES II LLC
WHEREAS, on February 6, 1990, the Town Council adopted Marana Ordinance
No. 90.04,creating the Rancho Marana Specific Plan,which has been amended from time
to time; and
WHEREAS Meritage Homes of Arizona, Inc. (the "Developer") is the current
master developer of the Rancho Marana 154 development project, as described and
defined in the final plat for Rancho Marana 154 Lots 1-167 and Blocks 2-7 recorded in the
office of the Pima County Recorder on December 8, 2004 in Book 59 of Maps and Plats,
Page 13 (Sequence No. 20042360739); and
WHEREAS the Town and the Developer's predecessor in interest entered into the
Rancho Marana Development Agreement recorded in the office of the Pima County
Recorder on September 8, 2005 at Docket 12634, Page 1496 (Sequence No. 20051750556)
(the "Original Agreement"); and
WHEREAS the Town and the Developer entered into the First Amendment to the
Rancho Marana Development Agreement recorded in the office of the Pima County
Recorder on August 8, 2022 at Sequence No. 20222200360 (the "First Amendment"); and
WHEREAS the Developer has developed blocks 1 and 2 of Rancho Marana 154 as
medium density residential use,is in the process of developing blocks 3 and 4 for medium
density residential use, and has sold blocks 5 through 7 for future commercial uses (the
"Commercial Blocks"); and
WHEREAS pursuant to the terms of the Original Agreement, as amended by the
First Amendment, the Rancho Marana 154 development received full credit against
the Northwest Streets Development Impact Fee pursuant to state law (A.R.S. §9-463.05);
and
WHEREAS the current owner of the undeveloped portion of the Commercial
Blocks is SREP Marana Retail Associates II LLC ("SREP"); and
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WHEREAS SREP is required to pay to the Developer an amount equal to the dollar
amount of the impact fee credits that the Town actually applies to reduce development
impact fees with respect to the Commercial Blocks; and
WHEREAS SREP and the Developer now desire to have the Town pay directly to
the Developer any future impact fee credits applicable to the Commercial Blocks arising
under the Original Agreement and A.R.S. §9-463.05; and
WHEREAS the Town, the Developer, and SREP have negotiated an agreement
regarding reimbursement of impact fees for Rancho Marana 154; and
WHEREAS the Mayor and Council find that entering into the agreement is in the
best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA,that the agreement regarding reimbursement of
impact fees for Rancho Marana 154 by and among the Town of Marana, the Developer,
and SREP attached to and incorporated by this reference in this resolution as Exhibit A is
hereby approved,the Town Manager is hereby authorized and directed to sign it for and
on behalf of the Town of Marana, and the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out
its terms, obligations, and objectives.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of May, 2023.
/(11
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
I or
David L. Udall, Town Clerk Ja rall, Town Attorney
h466‘
MARAMHA AZ
1977
ESTABLISHED
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