HomeMy WebLinkAboutPackets - Council Packets (1371)
AGENDA
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
July 22, 2020
ONLINE ZOOM MEETING
Join Zoom Meeting:
https://orovalley.zoom.us/j/95088114527
To attend via phone only, dial 1-346-248-7799
Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona
Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.
SPECIAL SESSION AT OR AFTER 5:00 PM
CALL TO ORDER
ROLL CALL
SPECIAL SESSION AGENDA
1.DISCUSSION AND POSSIBLE ACTION TO APPROVE A GIFT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND
CANADA DEL ORO LLC ACCEPTING CERTAIN REAL PROPERTY LOCATED IN THE ORO VALLEY TOWN CENTER PAD
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 7/21/20 at 12:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the
office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of
accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted Public Hearing.
However, those items not listed as a Public Hearing are for consideration and action by
the Town Council during the course of their business meeting. Members of the public may
be allowed to speak on these topics at the discretion of the Chair.
In accordance with Amendment #2 of the Mayoral Proclamation of Emergency issued on March 27,
2020, the following restrictions have been placed on all public meetings until further notice:
1. In-person attendance by members of the public is prohibited.
2. Members of the public can either watch the public meeting
online https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas or, if they
would like to participate in the meeting (e.g. speak at Call to Audience or speak on a Regular
Agenda item), they can attend the meeting and participate via the on-line meeting application,
Zoom, https://orovalley.zoom.us/j/95088114527, or may participate telephonically only by dialing
1-346-248-7799 prior to or during the posted meeting.
3. If a member of the public would like to speak at either Call to Audience or on a Regular Agenda
item, it is highly encouraged to email your request to speak to Bluecard@orovalleyaz.gov and include
your name and town/city of residence in order to provide the Mayor/Chair with advance notice so
you can be called upon more efficiently during the Zoom meeting.
4. All members of the public who participate in the Zoom meeting either with video or telephonically
will enter the meeting with microphones muted. For those participating via computer/tablet/phone
device, you may choose whether to turn your video on or not. If you have not provided your name
to speak prior to the meeting as specified in #3 above, you will have the opportunity to be
recognized when you “raise your hand.” Those participating via computer/tablet/phone device can
click the “raise your hand” button during the Call to the Public or Regular Agenda item, and the Chair
will call on you in order, following those who submit their names in advance. For those participating
by phone, you can press *9, which will show the Chair that your hand is raised. When you are
recognized at the meeting by the Chair, your microphone will be unmuted by a member of staff and
you will have three minutes to speak before your microphone is again muted.
5. If a member of the public would like to submit written comments to the Town Council for their
consideration prior to the meeting, please email those comments to mstandish@orovalleyaz.gov no
later than sixty minutes before the public meeting . Those comments will then be electronically
distributed to the public body prior to the meeting.
If you have questions, please contact Town Clerk, Mike Standish, at 520-229-4700 or email
at mstandish@orovalleyaz.gov
Thank you for your cooperation.
Town Council Special Session 1.
Meeting Date:07/22/2020
Requested by: Mary Jacobs Submitted By:Mary Jacobs, Town Manager's Office
Department:Town Manager's Office
SUBJECT:
DISCUSSION AND POSSIBLE ACTION TO APPROVE A GIFT AGREEMENT BETWEEN THE TOWN OF ORO
VALLEY AND CANADA DEL ORO LLC ACCEPTING CERTAIN REAL PROPERTY LOCATED IN THE ORO
VALLEY TOWN CENTER PAD
RECOMMENDATION:
Staff recommends that the Town Council approve the Gift Agreement with the Canada Del Oro LLC and accept the
donation of Areas 3 and 4 of the Oro Valley Town Center.
EXECUTIVE SUMMARY:
The Canada Del Oro LLC has offered to the Town of Oro Valley Areas 3 and 4 of the Oro Valley Town Center PAD
as a gift. The estimated 180 acres consists of both residentially and commercially zoned property located just east
of the intersection of Oracle Road and Pusch View Lane. The Donor has placed no restrictions on the use of the
property. The Town would be obligated, under the terms of the Gift Agreement, to appropriately recognize
Laurence Francis Rooney at such time as the property is used or developed.
BACKGROUND OR DETAILED INFORMATION:
The Canada Del Oro LLC has offered to the Town of Oro Valley Areas 3 and 4 of the Oro Valley Town Center as a
gift. The estimated 180 acres consists of both residentially and commercially zoned property located just east of the
intersection of Oracle Road and Pusch View Lane. The Donor has placed no restrictions on the use of the
property. The Town would be obligated, under the terms of the Gift Agreement, to appropriately recognize
Laurence Francis Rooney at such time as the property is used or developed.
If authorized, the Town would have 60 days to complete its due diligence, which will include a title report and
obtaining title insurance, review of documents, and the completion of a survey to obtain a legal description of the
property. Once the due diligence is completed, the Town Manager would be authorized to close on the property,
expected to occur in the third quarter of the 2020 calendar year.
Approval of this Gift Agreement does not constitute the determination of any future use of the property, which would
occur at a later date. Once the property is owned by the Town, it would be included in the Town's insurance policy
and the Town would monitor and address any property management issues, should they occur.
FISCAL IMPACT:
Until such time as the Town determines the future use of this property, it is expected that insuring and monitoring
the property would be of minimal financial impact and could be absorbed in the Town's budget and operations.
SUGGESTED MOTION:
I MOVE to (approve/deny) the gift agreement between the Town of Oro Valley and Canada Del Oro LLC for the
receipt of Areas 3 and 4 of the Oro Valley Town Center PAD, and authorize the Town Manager to execute the
property transfer upon satisfactory completion of due diligence.
Attachments
(R)20-39 Resolution Gift Agreement
Gift Agreement
Exhibit A to Gift Agreement
RESOLUTION NO. (R)20-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, APPROVING A GIFT AGREEMENT
BETWEEN CANADA DEL ORO LLC AND THE TOWN OF ORO VALLEY
ACCEPTING CERTAIN REAL PROPERTY CONSISTING OF AREAS 3
AND 4 OF THE ORO VALLEY TOWN CENTER ; AND DIRECTING THE
TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES
DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS
TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES
AND INTENT OF THIS RESOLUTION
WHEREAS, Canada Del Oro LLC wishes to gift to the Town certain real property consisting of
areas 3 and 4 of the Oro Valley Town Center, the terms of gift are spelled out in the Gift
Agreement, attached hereto as Exhibit “A” and incorporated by reference ; and
WHEREAS, Area 3 and 4 of the Oro Valley Town Center consists of both residential and
commercial zoning which is just east of the intersection of Oracle Road and Pusch View Lane ;
and
WHEREAS, Canada Del Oro LLC has placed no restrictions of the use of the property; and
WHEREAS, under the terms of the Gift Agreement, the Town of Oro Valley would appropriately
recognize Laurence Francis Rooney at such time as when the property is used or developed; and
WHEREAS, it is in the best interest of the Town of Oro Valley to approve the Gift Agreement
between Canada Del Oro LLC and the Town of Oro Valley accepting certain real property
consisting of areas 3 and 4 of the Oro Valley Town Center.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona, that:
SECTION 1. The Town Manager is hereby authorized to take such steps as are necessary to
complete the acquisition of the property.
SECTION 2. The Town Manager and other administrative officials, or their designees, are hereby
authorized to take such steps as necessary to execute and implement the terms of the Gift
Agreement between the Canada Del Oro LLC and the Town of Oro Valley.
SECTION 3. The Town Manager, Town Clerk, Town Legal Services Director, or their duly
authorized officers and agents are hereby authorized and directed to take all steps necessary to
carry out the purposes and intent of this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
22nd day of July, 2020.
TOWN OF ORO VALLEY, ARIZONA
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date Date
EXHIBIT “A”
2
GIFT AGREEMENT
BETWEEN
THE TOWN OF ORO VALLEY, ARIZONA and
CANADA DEL ORO LLC
This Gift Agreement (this “Agreement”) is made this ____ day of July, 2020 between Canada del
Oro LLC (the “Donor”) and The Town of Oro Valley, Arizona, (the “Recipient”).
The Donor and the Recipient agree as follows:
1. Donor Commitment. The Donor hereby agrees to give to the Recipient that certain real
property (the “Property”) consisting of Areas 3 and 4 of the Oro Valley Town Center as shown on Exhibit
“A”, but only on the terms and conditions as set forth in this Agreement. The gift of this Property by the
Donor to the Recipient is sometimes referred to herein as the “Gift”. The effective date on which the Gift
will occur is sometimes referred to herein as the “Gift Date .”
2. Manner in Which the Gift Will be Made. The Gift will be made by a duly executed and
notarized Quit Claim Deed for the Property showing the Donor as the grantor/transferor and the Recipient
as the grantee/Recipient.
3. Gift Conditional Upon Full Execution of this Agreement on or Before July 31, 2020. Donor
is providing two executed originals of this Agreement to the Recipient. If the Recipient executes and returns
one executed original of this Agreement to the Donor on or before July 31, 2020 (the “Expiration Date ”),
then this Agreement shall become effective and shall be binding upon both the Donor and the Recipient. The
date upon which this Agreement becomes effective, if in fact it does become effective, is referred to as (the
“Effective Date”). The Donor shall be deemed to have received possession of this Agreement executed by
the Recipient only if Patrick D. Rooney has received actual possession this executed Agreement on or before
the Expiration Date. If Patrick D. Rooney has not re ceived actual possession of this Agreement on or before
the Expiration Date, then this Agreement shall not become effective and the Donor and Recipient will have
no liability or responsibility to the other. If this Agreement does become effective, then the Donor may make
the Gift on any Gift Date as selected by the Donor, so long as the Recipient has not cancelled the Gift during
its Due Diligence Period as outlined in Section 4, and so long as the Gift Date occurs on or before December
31, 2020.
4. Due Diligence. The Recipient shall have 60 days from the Effective Date, referred to herein
as the “Due Diligence Period,” to conduct due diligence. During the Due Diligence Period, the Recipient shall
have the right to conduct whatever due diligence it deems appr opriate with respect to the Property. Upon request
by the Recipient, the Donor will provide whatever written data or materials it has regarding the Property.
However, the Donor makes no representation or warranty as to the condition of the Property, including but not
limited to, its physical condition, environmental condition, title, suitability for any purpose, or otherwise.
The Recipient releases and discharges the Donor from any claim it may have, and in fact agrees that it shall
have no claim, against Donor with respect to any such condition of the Property. The Recipient may elect to
cancel the Gift during the Due Diligence Period if it identifies due diligence concerns by providing written
notice of its cancellation to Patrick D. Rooney prior to the end of the Due Diligence Period. If no notice is
given, the Recipient will have effectively waived its right to cancel the contract and the Due Diligence Period
will be deemed expired.
5. Costs and Expenses of the Gift. The Recipient will pay a ny costs and expenses in
connection with the Gift, which would include the preparation of the Quit Claim Deed, filing fees for the
Quit Claim Deed, and any other ordinary and customary expenses. If the Recipient wants to obtain title
insurance or a title opinion, then the Recipient may do so at its own expense.
6. Qualification of the Gift as a Charitable Donation. The Recipient understands that the
Donor will report the Gift for state, local, and federal income tax purposes as a deductible charitable gift.
The Recipient does not make any representation for and shall have no liability as to the fair market value
of the Property or the amount of the charitable deduction. However, the Recipient shall not take any action
which would in any way impede the reporting of the Gift as a charitable deduction by the Donor, and the
Recipient shall cooperate in any manner as may be reasonably requested by the Donor to provide
information to any taxing authority as to the receipt of the Gift.
7. Future Recognition of Laurence Francis Rooney. The Recipient agrees to appropriately
recognize Laurence Francis Rooney, original founder of Rooney Ranch and related properties in the Oro
Valley area, in the future use or development of the real property. At that time, Recipient shall consult with
Patrick D. Rooney or his designee for input into the form of recognition, but Donor acknowledges that the
final decision regarding such recognition of Laurence Francis Rooney is solely that of the Town Council.
8. Applicable Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Arizona.
9. Entire Agreement. This Agreement constitutes the entire Agreement among the parties and
supersedes all prior agreements and understandings among the parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the undersigned agree to be bound by and have executed this
Agreement effective as of the date set forth above.
DONOR: CANADA del ORO LLC
By: Patrick D. Rooney, its Manager
RECIPIENT: THE TOWN OF ORO VALLEY
By: Mary Jacobs, Town Manager, as authorized
OR
A
C
L
E
R
O
A
D
WA
S
HL
A
R
E
S
E
R
V
E
D
R
.LARESERVEDR.
WA
S
H
ROO
N
E
Y
100-YEAR FLOODPLAIN
EXISTING 6"WATER
EXISTINGOVERHEADELECTRIC
EXISTING 21"SEWER
SAN JOSE
PLAZA
OPEN
SPACE
OPEN
SPACE
OPEN
SPACE
EL CONQUISTADOR RESORT PATIO HOMES
OPEN
SPACE
RAMS HILL AT
LA RESERVE
STONEY
CANYON I
VEHICULAR/ PEDESTRIANWASH CROSSINGACROSS ROONEY WASH
EXISTINGBRIDGE
AREA 2
4.5± Ac.
OWNER: KITCHELL
ZONING: COMMERCIAL
IN ORO VALLEY TOWN
CENTRE PAD
SAN DORADO
DESERT
MIRAGE AT
LA RESERVE
P
U
S
C
H
V
I
E
W
L
A
N
E
WATER LINE EASEMENTPROP. WATER LINE EASEMENTT
T
T
T
T
AREA 4
100' LOT LINE
SETBACK
100' LOT LINE
SETBACK
AREA 3
(WEST)
4.8±
BUILDABLE
AC
AREA 3
(EAST)
9.3±
BUILDABLE
AC.
AT GRADE CROSSING TOCONNECT AREA 3 EAST ANDAREA 3 WEST
T
T
OPEN
SPACE
EXISTING RETAINING WALL
REC.
AREA
ENHANCEDLANDSCAPINGSEE EXHIBIT CC-4
ENHANCEDLANDSCAPINGSEE EXHIBIT CC-2
PROPOSED 30'PROPOSEDSIDEWALKSEE NOTE 7
ENHANCEDLANDSCAPINGSEE EXHIBIT CC-2
T TT T T
Q:\181057\N-007 OVTC South\01 Planning\04 PAD Amendment\Exhibits\Concept Plan\OVTC_Area 4 Concept Plan 1.18.2019.dwg Plotted: Jan. 19, 2019
TUCSON - PHOENIX - LAS VEGAS - FLAGSTAFF
520.881.7480 - tucson@wlbgroup.com
Inc.
Group
The
WLB ORO VALLEY TOWN CENTRE
CONCEPTUAL SITE PLAN: PAD AREAS 3 & 4
100'0'200' 300'
January 19, 2019
Contour Interval = 1 Foot
WLB No. 181057-N-007
PROPERTY BOUNDARY
100-YEAR FLOODPLAIN
PROPOSED 8' ASPHALT PATH
PROPOSED NATURAL TRAIL
50' x 120' LOT (39 LOTS) (LOTS 1 -13
AND 21 - 40)
60' x 120' LOT (43 LOTS) (LOTS 41 - 82)
TRANSPLANTED OR NURSERY TREE
NOTES:
1.TOTAL PROPERTY SIZE: 108.6± ACRES.
2.EXISTING ZONING: ORO VALLEY TOWN CENTRE PAD.
3.MINIMUM LOT SIZE SHOWN FOR AREA 4: 50' x 120'. SEE
LEGEND ABOVE FOR LOCATION OF THESE LOT SIZES.
4.TOTAL NUMBER OF LOTS SHOWN: 82.
5.MAXIMUM NUMBER OF UNITS ALLOWED IN AREA 4: 82.
6.ALL HOMES ARE RESTRICTED TO SINGLE-STORY.
7.A SIDEWALK WILL BE CONSTRUCTED ON ONE SIDE OF
THE ENTRY ROAD INTO AREA 4 TO PROVIDE
PEDESTRIAN CONNECTIVITY BETWEEN AREAS 2, 3
AND 4.
LEGEND OF SYMBOLS:
T
EXHIBIT A