HomeMy WebLinkAboutResolution 2004-137 first amendment to the san lucas development agreementMARANA RESOLUTION NO. 2004-137
RELATING TO LAND DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE SAN LUCAS
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND BCIF
GROUP, L.L.C.; AND DECLARING AN EMERGENCY.
WHEREAS, On March 19, 2002, the Town of Marana entered into a Development
Agreement with the Developer of the San Lucas project, BCIF Group, L.L.C.; and
WHEREAS, the Arizona Department of Transportation raised concern about the future
need for improvement of the Marana Interchange as a consequence of this project; and
WHEREAS, this First Amendment to the San Lucas Development Agreement commits
BCIF Group, L.L.C., to certain future interchange improvements at the Marana Interchange; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests
of the public to enter into this First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the First Amendment to the San Lucas Development
Agreement between the Town of Marana and the BCIF Group, L.L.C., attached to and
incorporated by this reference in this resolution as Exhibit A, is hereby authorized and approved.
The Mayor is hereby authorized to execute said Exhibit A for and on behalf of the Town of
Marana, and the Town Manager and Town staff are hereby authorized to take all actions
necessary or desirable to carry out the terms of the San Lucas Development Agreement as
modified by the First Amendment.
BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the
peace, health and safety of the Town of Marana that this resolution become immediately
(00000199.D0C/'} FJC/cds 9/15/04
effective, an emergency is hereby declared to exist, and this resolution shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 4th day of Oc~
ATTEST:
lyn Q~/Bronson, Town Clerk
P~~.,~O FORM~.~
~k C~y, Town A~gney
Mayor I~gbby~Sl(tton, Jr.
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2
F. ANN RODRIGUE~RECORDER
,RECORDED BY: K.n.
DEPUTY RECORDER
8013 PE2
DOC~T: 12404
PAG 2623
NO. OF PAGES: 3
SEQUENCE: 20041960830
10/08/2004
AAG 16:30
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 8.00
FIRST AMENDMENT TO THE
SAN LUCAS DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF MARANA
AND BCIF GROUP, LLC
This First Amendment to the San Lucas Development Agreement (the "First
Amendment"), is entered into by and between the TOWN OF MARANA, an Arizona
political subdivision (the "Town"), and BCIF GROUP, LLC, an Arizona limited liability
company (the "Developer"). The Town and the Developer are collectively referred to as
the "Parties."
R E C I TAL S:
A. On March 19, 2002, the Developer and the Town, pursuant to A.R.S. S
9-500.05, entered into the San Lucas Development Agreement recorded on April 19,
2002, in the Official Records of Pima County at Docket 11782, Page 2962 (the
"Agreement").
B. The Agreement facilitates development of approximately 292 acres of
land located within the corporate limits of the Town, as depicted on the map in
Exhibit "A" to the Agreement and as described in Exhibit "B" to the Agreement (the
"Property") .
C. Since the Agreement was signed, the Town, Developer and the Arizona
Department of Transportation ("ADOT") have negotiated the required improvements at
the east side of the Trico-Marana Road/I-I0 Interchange ("East Marana Traffic
Interchange").
D. The Town Council has authorized the execution of this Amendment by
forn1al Council action.
AMENDMENT:
Now, THEREFORE, in consideration of the promises and the mutual obligations
contained herein, the Parties agree that the San Lucas Development Agreement is hereby
amended to add Section 3.4 and Section 3.5 as follows:
3.4. Future East Marana Traffic Interchange Improvements. Developer shall
construct the following improvements in order to maintain sufficient
capacity at the East Marana Traffic Interchange:
3.4.1. Trico-Marana Road Underpass. When the Cochie Canyon Trail
railroad crossing is constructed, Developer shall re-stripe the
Trico-Marana Road underpass to two lanes with a center turn lane.
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3.4.2. Westbound Off Ramp. When the Cochie Canyon Trail railroad
crossing is constructed, Developer shall widen the 1-10 westqound
off ramp to two lanes.
3.5. Voluntary Contribution for East Marana Traffic Interchange
Improvements ("Voluntary Contribution"). Other improvements to the
East Marana Traffic Interchange may be required to serve the Property,
including but not limited to, the frontage road system, 1-10 ramps and a
traffic signal. As its contribution to these other improvements, Developer
agrees to pay the Town a Voluntary Contribution of $700.00 per unit for
all units on the Property. The Voluntary Contribution shall be paid to the
Town prior to a Certificate of Occupancy for each unit.
3.5.1. No obiection to impact fee. If the Town adopts a region-wide
traffic impact fee ("Future Impact Fee"), the Developer shall not
object to such fee.
3.5.2. Effect of Future Impact Fee Adoption. If adopted, such Future
Impact Fee will replace the Voluntary Contribution for all
remaining units on the San Lucas property.
3.5.3. Credit. Developer shall be entitled to a credit against the Future
Impact Fee for the improvements made and the Voluntary
Contribution fees paid pursuant to Section 7.2 of the Agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of
the dates written below.
TOWN OF MARANA
an Arizona municipal corporation
BCIF GROUP, LLC,
an Arizona limited liability company
By:
Rob
Date:
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- 2 -
STATE OF ARIZONA )
) ss.
County of Pima )
f) ~ . The foregoing instrument was acknowledged before me this ~ day of
~ ,2004, by Robert P. Zammit, the Managing Member of BCIF GROUP,
LLC, an Arizona Limited Liability Company.
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My Commission Expires:
OFFICIAL SEAL
G MARGARET LYNN WARDE
.. Notary Public. SlatII of Arizona
PIMA COUNTY
My Cornm. Exp!ras Aug. 29, 2007
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