HomeMy WebLinkAboutResolution - 05-22 - 5/18/2005 - Regarding a pre-annexation development agreement between the Town of Oro Valley and La Cholla Airpar F. ANN RODRIGUEZ, RECORDER DOCKET:
12564
RECORDED BY: LAM oFpi PAGE: 589
DEPUTY RECORDER VIV0
�' ` NO. OF PAGES: 2
6545 PE1 e SEQUENCE: 20051050087
SOROV z
:o, v 06/01/2005
TOWN OF ORO VALLEY RES 11:10
11000 N LA CANADA DR 111/11014
�'
ORO VALLEY AZ 85737 MAIL
ATTN CLERK'S OFFICE
AMOUNT PAID $ 8.00
RESOLUTION NO. (R) 05-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY,
ARIZONA, REGARDING A PRE-ANNEXATION DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF ORO VALLEY AND LA CHOLLA AIRPARK
WHEREAS, the Arizona Revised Statutes (ARS) §9-500.5 describes procedures for development
agreements; and
WHEREAS, the Town is currently pursuing the annexation of the unincorporated property areas
known as Annexation Area"J", and
WHEREAS, the General Plan encourages the annexation of unincorporated areas surrounding the
Town to better serve the public, facilitate infrastructure expansion, and improve operational
efficiencies of municipal services; and
WHEREAS, the proposed uses on the property are in conformance with the General Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed this agreement at a public hearing
and presented their recommendations to the Council; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Oro
Valley as follows:
SECTION 1. That the Pre- annexation Development Agreement between the Town and La Cholla
Airpark, attached hereto and incorporated herein by this reference is hereby approved.
SECTION 2. Subsequent to the effective date of an ordinance annexing this property into the Town, f,
the Town Council will bring forward a zoning ordinance as necessary to translate the County zoning
to an equivalent Oro Valley zoning district to include extension of the County Zoning Conditions.
SECTION 3. This Resolution will become immediately operative and in force thirty (30) days from f,,R
the date of its adoption in accordance with State law and the Oro Valley Town Code.
Jnr
SECTION 4. This Resolution shall become null and void if the annexation process is not completed H'
within the time allowed. Any legal delay and/or challenge, however, will extend the effective date of
the Resolution the same number of days (or months) as the legal delay.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
, , •
' PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,this
18th day of May, 2005.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
AITES'Ici '' :',• ,:.• ''',:, :'. .
— , -- ,::
i-r
Kn,E.,Cuvelier, Town Clerk
atqa.",
APPROVED AS TO FORM:
linda Garni an Town Attorney
•
1;
dm
rs'
S
4
itl
fl
J
e.
!:d1
0
Document6 Town Attorney's Office/ca/032603
F. ANN RODRIGUEZ, RECORDER DOCKET: 12564
RECORDED BY: LAM FPI PAGE: 579
DEPUTY RECORDER �' `9 NO. OF PAGES: 10
6545 PE1 4'( SEQUENCE: 20051050086
R
SOROV w� �4iiiiiroyvi
z 06/01/2005
TOWN OF �,ORO VALLEY � AG 11:10
11000 N LA CANADA DR 11IZ014t'
ORO VALLEY AZ 85737 MAIL
ATTN CLERK'S OFFICE
AMOUNT PAID $ 10.50
W 11611 i\c�.vluu 1M.,LUAU Lk.),.
Town of Oro Valley
Clerk's Office
11000 North La Canada Drive
Oro Valley, Arizona 85737
PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into by and between the Town of Oro Valley, an Arizona municipal
corporation ("Town") and La Cholla Airpark, Inc., an Arizona corporation ("LCAP") as of this
day of /4,:i_v , 2005 . Town and LCAP
may be referred to herein collectively as the"Parties" or individually as a"Party".
RECITALS
A.A.R.S. §9-500.05 authorizes Town to enter into a development agreement with a
landowner or other person having an interest in real property located within or outside
the Town boundaries for purposes set forth in that statute, including without
limitation, to specify or otherwise relate to conditions, terms, restrictions and
requirements for annexation of property by Town and the timing of such annexation.
B. LCAP owns certain real property located within the residential subdivision known as
La Cholla Airpark, Pima County, Arizona ("Property"). The Property is legally
described on Exhibit "A" attached hereto and incorporated by this reference. The
Property consists of approximately 1,000 acres of real property that is currently built
or planned for residential development. Within the Property boundaries is a private
airpark ("LCAP Airpark") owned by LCAP for use by owners of residential lots
within the Property and their invitees. The LCAP Airpark was established by a group
of aviation enthusiasts in 1971. LCAP was incorporated in 1972 and by 1976 included
a section and one-half of land. The approximately 1,000 acres of land allowed for a 4.5
4,500-foot aircraft runway to be built with associated hangars and aircraft parking ;
areas. The LCAP Airpark has attracted flying enthusiasts not only from the Tucson
area, but from other areas around the country. LCAP exists for the purpose of
providing aircraft runway and related support facilities, including hangars, parking and �)
r
fuel for the shareholders of LCAP and their invited guests. w;''
9
C. The Property is zoned Pima County RH(rural homestead) ("RH Zone").
1
D. Pursuant to A.R.S. §9-471(L) the Town may annex the Property into the Town
("Annexation"). (1) Town and LCAP desire to annex the Property into the Town and
upon successful annexation; (2) The Town shall adopt zoning classifications which
permit densities and uses no greater than those permitted by the county immediately
before annexation. Subsequent changes in zoning of the annexed territory shall be
made according to existing procedures established by the Town for the rezoning of
land.
E. The Town and LCAP desire to extinguish the terms of the existing Wholesale Water
Service Agreement dated February 14, 1996 as amended June 27, 1996 and supplant
that agreement with the terms of this Agreement in consideration for the Town
providing Town services to the Property under this Agreement.
F. The Town and LCAP recognize that the Town's R1-300 zoning district permits
densities and uses on the Property that are no greater than those permitted by the
county immediately before annexation.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, terms, covenants and
conditions set forth herein,the Parties hereto state,confirm and agree as follows:
1.0 Accuracy of the Recitals. The Parties hereby acknowledge and confirm the accuracy of the
foregoing Recitals, which are incorporated herein by this reference.
2.0 Effective Date and Term. This Agreement shall be effective upon adoption by Town of
Resolution No. 05-22 approving this Agreement, and the execution of this
Agreement by the Parties as provided by law("Effective Date"). The term of this Agreement
shall commence on the Effective Date and shall terminate ninety-nine (99) years from the
Effective Date ("Base Term"), subject to automatic and successive ten (10) year renewal
periods unless either Party shall give written notice to the other Party within one hundred and
eighty (180) days before the expiration of the Base Term or any Renewal Period, as
applicable, of its election to terminate this Agreement, in which event this Agreement shall
terminate upon the expiration of the Base Term or any Renewal Period, as applicable.
3.0 Annexation. Town shall follow the procedures for annexation mandated in ARS 9-471 et
seq., and LCAP shall sign a petition authorizing the Annexation and, shall use reasonable
efforts to obtain the signatures on such petition of the required number of owners of ,„
residential lots within the Property, and shall deliver such petition to Town for recording in
un Arizona ("Countyon or before the deadlinethe official records of Puna Co ty, Records"),
event either fails to meet the terms of this
specified in A.R.S. §9-471.A (4). In the party
section,this Agreement shall be null and void. '
tt
4.0 Costs and Expenses. All procedural and administrative costs and expenses of Town
1!al and "'
pertaining to the annexation shall be paid by Town. LCAP shall bear its own legal
consulting costs and expenses incurred in connection with the negotiation and preparation of
this Agreement.
2
5.0 Original Town Zoning. Pursuant to applicable law, the Town shall adopt zoning
classifications which permit densities and uses no greater than those permitted by the county
immediately before annexation. Subsequent changes in zoning of the annexed territory shall
be made according to existing procedures established by the Town for the rezoning of land.
6.0 Private Ownership. The Town recognizes the unique aviation environment created by the
founders of the LCAP. The Town further recognizes that the LCAP Airpark is entirely
privately owned including a privately owned water delivery system and private roads.
7.0 Water Service. Town and LCAP are parties to that certain Wholesale Water Service
Agreement dated as of February 14, 1996, which originally was between LCAP and Rancho
Vistoso Water Company, an Arizona corporation, as amended by that certain Amendment to
Wholesale Water Service Agreement dated as of June 27, 1996 (collectively, "Water Service
Agreement"). Town agrees to continue to supply water to LCAP according to price and terms
of service no less favorable than those applicable to any other water customer of Town who
is supplied water by Town through a six (6) inch water meter. Town acknowledges that
LCAP is part of Town's water service area and resells water to the residential lot owners
within the Property. The parties to this Agreement hereby mutually release each other from
the terms of the Water Service Agreement to be bound solely by the terms of this Agreement.
8.0 Public Safety. Town and LCAP shall use reasonable efforts to enhance the public safety
in connection with the LCAP Airpark and its Aircraft operations, including without
limitation coordination of emergency systems and plans in the event of fire, medical, and
other police,homeland security and safety related issues.
9.0 Municipal Access to Airpark. Although the LCAP Airpark is privately-owned and privately-
operated, LCAP shall use reasonable efforts to address access requests from governmental
authorities from time to time.
10.0 The Town will support and collaborate with LCAP for its right to continue to exist and
operate as a private Airpark.
11.0 Binding Effect and Recording. This Agreement shall run with the Property and is
binding upon and inure to the benefit of the successors, assigns, heirs and personal ,,
representatives of LCAP and Town. Upon execution hereof, this Agreement shall be4.
recorded in the Pima County Recorders Office. P8`
1k
�N)1�
gill
12.0 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and
no waiver by Town or LCAP of the breach of any covenant of this Agreement shall be
construed as a waiver of anyprecedingor succeedingbreach of the same or anyother
covenant or condition of this Agreement.
13.0 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 same
3
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.
14.0 Notices. Any notice to be given or served (and any election to be made or delivered)
upon any party hereto in connection with this Agreement must be in writing and shall be
deemed to have been given and received (or made and delivered) three (3) days after a
certified or registered letter containing such notice (or selection), properly addressed, with
postage prepaid, is deposited in the United States mail; and if given otherwise than by
certified or registered mail, it shall be deemed to have been given (or made) when delivered
to and received by the party to whom it is addressed. Such notice shall be given to the parties
at the following addresses:
LCAP:
La Cholla Airpark, Inc.
1777 West Cessna Way
Oro Valley,Arizona 85737
Attn: President/CEO
With Copy To: David A. McEvoy, Esq.
4560 East Camp Lowell Drive
Tucson,Arizona 85712
Town:
Town of Oro Valley
11000 North La Canada Drive
Oro Valley,Arizona 85737
Attn: Town Manager
With Copy To: Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737
Attn: Town Attorney
A party may change the address at which the party shall receive notice pursuant to this
Agreement by giving written notice of such new address in the same manner as any other notice
shall be given in accordance with this section. ;gip
ICU!
allN
15.0 Captions and Recitals. The article and section headings appearing in this Agreement are
inserted as a matter of convenience and are for referenceoses only, and in no wa
P� Y Y
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 as
though fully set forth herein.
16.0 Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements,
4
representations and understandings of the parties, oral or written, are hereby superseded and
merged herein.
17.0 Exhibits. The exhibits in this Agreement are fully incorporated herein as if set forth at
length in the body of this Agreement.
18.0 Governing Law. This Agreement shall be construed and interpreted under the laws of
Arizona.
19.0 No Partnership. 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
parties hereto.
20.0 Default. In the event of any default or other non-performance of any term or provision of
this Agreement, the non-defaulting party shall be entitled to all remedies at law or in equity,
including the right to enforce this Agreement by action for specific performance or to file an
action for damages,which rights and remedies shall be cumulative and not exclusive.
21.0 Attorney's Fees. If any party defaults hereunder, the defaulting party shall pay the other
party's reasonable attorney's fees, expert witness fees, deposition and trial transcript costs and
costs of court or other similar costs or fees paid or incurred by the other party by reason of or
in connection with the default (whether or not legal or other proceedings are instituted). 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 terms, covenants or conditions hereof or any
instrument executed pursuant to this Agreement or by reason of any breach hereunder, the
party prevailing in any such action or other proceeding shall be paid all costs and reasonable
attorney's fees by the other party, and in the event any judgment is secured by such prevailing
party, all such costs and attorney's fees shall be included in any such judgment, attorney's
fees to be set by the court and not by the jury.
22.0 Further Acts. Each party agrees to execute such further documents, instruments and
other writing and to perform such acts as either party may reasonably request in order to fully
effectuate the purpose of this Agreement.
23.0 Construction. The terms and provisions of this Agreement represent the results of
negotiations between Town and LCAP, each of which has been represented by counsel of its
own choosing, and none of which have acted under any duress or compulsion, whether legal,
economic or otherwise. Consequently, the terms and provisions of this Agreement shall be
interpreted and construed in accordance with their usual and customary meanings, and no {,
Nlpp
party shall be deemed to have drafted this Agreement for purposes of construing any portion 6
111
of this Agreement for or against any party.
t
24.0 Severability. If any provision of this Agreement is declared void or unenforceable, suchPI
declaration shall have no effect on those portions of the Agreement not declared void.
25.0 Cancellation for Conflict. This Agreement is subject to A.R.S. §38-511, which states in
part:
5
"The state, its political subdivisions or any department or agency of either may, within
three years after its execution, cancel any contract, without penalty or further obligation, made
by the state, its political subdivisions, or any of the departments or agencies of either if any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract
on behalf of the state, its political subdivisions or any of the departments or agencies of either is,
at any time while the contract or any extension of the contract is in effect, an employee or agent
of any other party to the contract in any capacity or a consultant to any other party of the contract
with respect to the subject matter of the contract."
26.0 Time of Essence. Time is of the essence in the performance of each and every
obligation of Town and LCAP as set forth herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first written above.
TOWN:
Town of Oro Valley, an Arizona municipal corporation
By:
Paul H. Loomis, Mayor
ATTEST:
By: ;,,v
°.etzzaz40,
Ka . Cuvelier, Town Clerk
Date: 5-,--0-05-
APPROVED AS TO FO' •
B -
,SI __,, L...-,4,d, _. /
Town • orney
Date: Sfro/O
LCAP:
La Cholla • • •ark it, an Arizona corporation
ki . 1,
By: iir
“ii„
P -sident/CEO '"
Doug Gratz .;,
NINA
Date: Sf2 11 / o '5
11'
qilM
t
6
State of Arizona )
) ss.
County of Pima )
This instrument was acknowledged before me this da of 200
g Y by
H. Loomis the Mayor of Town of Oro Valley, an Arizona municipal corpora ion.
r.P.a.
Q4-7clat,,,,Nc.... c....5\_°?\0...,,\A1,..
,,' "OFFICIAL SEAL"
Notary Public ��: 1'4►, Roxana G.Garrity
►�-= -'� NotaryPublic-Arizona
MyCommission Expires: � '� ,'ma County ,,
p 10 M Commission Ex a ices 1 1 •
\ 16\ 'OCA
State of Arizona )
) ss.
County of Pima )
This instrument was acknowledged before me this 9,1 dayof 200 5
g , � by
Doug Gratzer thePr i t/ EO of La Cholla Airpark, Inc., an Arizona corpora on.
dr" - 0
il • Public
My Commission Expires: Fil.abiesrahribmibrish.40.44*-4‘..
Puh'if:• AriTfwc1
tf I 123 ,:' ,ounty
. ..,, 0 ion El.
, 200
--4r +r
1
1,
y� JNM1ier L.Roden E„lR1
--T2.. I� I
, Notary Public-Arizona
1
Pima 4
My Cod Po
• API aSIM u.
�411t
b
�f1M
ypx(111
,i:
li,.
{yy1��y
7
EXHIBIT "A"
Legal Description and Map of Property
(Attached)
fie
'41ZP*4.
1 11
r,ll,tl�
NNNH��
IIIb'
• I�+IiNI
nn
wl.
1
1!`
•-3.-4*
.e� .. yw'. • �N{,�IIr
{IH{I•n
II
�I/l3
;Id;1r�yry'
ti{I
IIM
8
• Legal Description
DESCRIPTION OF TERRITORY TO BE ANNEXED
TO THE TOWN OF ORO VALLEY
THE SOUTH HALF (S 1/2)OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN,PIMA COUNTY, ARIZONA,
CONTAINING 320 ACRES,MORE OR LESS.
ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT
RIVER MERIDIAN,PIMA COUNTY,ARIZONA,
CONTAINING 640 ACRES,MORE OR LESS.
THE SOUTHEAST QUARTER(SE 1/4) OF THE NORTHEAST QUARTER(NE 1/4)
OF THE NORTHEAST QUARTER(NE 1/4)OF SECTION 28, TOWNSHIP 11
SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,
ARIZONA,
CONTAINING 10 ACRES,MORE OR LESS.
LANA
c; ***\Vic' '�? \ri-
24530
DAvn A
Prepared by RHINE
David A. Rhine, RLS •
AZTEC Land Surveying, Inc. - ,.4
1..
Pagel oft 1"'
1;
I
FI ,
I
PI H(�I
04. Vagger
�-1 Pi* :rH -
,�1 ice. ::oft/
—
MAP OF THE TERRITORY ��- - ••
TO BE ANNEXED TO THE NTS et, 1 z'i , ,,,ez:' ,�/ /;,
,e
TOWN OF ORO VALLEYi ^`°
THIS MAP �'P. 26 �.,
ANNEXATION AREA J-2005 r-' ,.•./..,�'/�r�, ; 141'
I-1_-1 1 `',4% 1�L/6� ♦ 1 I%
r-' l I �i���/.1�is✓: / `
la 5. NiiiNt-IIIIIV:.;4,.•
fit. .-.:r . .- _ Ee7, .•-..,,-..,.
,0
,...,
..,..
_$ ; ; -
';•
TOTAL AREA TO BE
ANNEXED = 970 ACRES, LOCATION MAP
MORE OR LESS T>>S, R 13E
5270.76'*
IN 89.56' ED )) 1W' EXISTING CORPORATE
--, TEI' V'- •4%_ LIMITS OF THE TOWN
f • r NEW CORPORALIMITS4frr ' OF ORO VAIJ.F.Y
4 OF THE TOWN OF ORO • A/
- VALLEYAii, z. ..,0%.
'+,//
c , o w4„.
r% �oo�
x 1-43 ���. rLoopy 01 ON
"' :. '' V N''. 1
(N.89'56' E I 5270.76'*
N89.56'30"E 0 _ - i I iii,
Ik^858.02'• - I ' ‘ Al N 1 ":1
O1 � ,. -
_o to_ 1.. �•000.tox
41
b ) (11P)--TN4 ° ) '- ,.//
i/ 't 7
, (111,) ry /1- 74N
, '" A?, tr
_- f * o�
QI /
/
. �0.C.) _
. J�•0.� 4 ' N J � - - zz�Oh• N, 10
CooO —
14 -o a /
I v I ri
1---- I , • - - / ti T r y • 1 EXISTING CORPORATE
.--X1 V , -r 1 /I',, . /' LIMITS OF THE TOWN OF
1 - - NEW CORPORA TELIMI7S OF, i 1 / ORO VALLEY
I O �THE TpWNOFORO.VALLEY 4
,.►fes. A
S 89.54' W
5274.72'•
•
* DENOTES BEARINGS, DISTANCES AND AREA FROM
GENERAL LAND OFFICE (GLO) MAP
• .49 SURVEYORS STATEMENT
,t�f 1Gtf
Gr,�► 40 • I, DAVID A. RHINE, A PROFESSIONAL LAND SURVEYOR, REGISTERED IN
24530 • THE STATE OF ARIZONA, HAVE PREPARED THIS DOCUMENT FOR EXHIBIT
PURPOSES ONLY AND MAY NOT BE SURVEYED/STAKED ON THE GROUND.
•..r._-.,.,, _._ _ RHI DAVID NEA.-' . .
DAVID A. RHINE RLS#24530
.
•,a';rap
\ ' " '"....'1.'
EXHIBIT
1000' 0 1000' 3000'
.���� ����� ANNEXED AREAS OF SECTIONS 22, Design
27 & 28, TOWNSHIP 11 SOUTH, Drn. DAR Ck'd
G
LAND.51.RVEY/4 RANGE 13 EAST, G&SRM, PIMA Sco%: 1" = NTS
Imimmominm IVB COUNTY, ARIZONA
ff21 N MYCMMM NMr Twin,Nhw
""n`°H'»f-'"' �`°'"»~"" DATE:03/02/20051 Job No.13505 Sheet 2 of 2