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HomeMy WebLinkAboutRES 20-34RESOLUTION NO. 20-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY O F APACHE JUNCTION,ARIZONA,TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT O F THE INTERIOR, BUREAU O F LAND MANAGEMENT,FOR PREPARATORY RODEO GROUNDS PURCHASE COSTS. WHEREAS,the City of Apache Junction ("City")and the Department o f the Interior,Bureau of Land Management ("BLM") (also collectively referred to as the "Parties"),desire to enter into an agreement for preparatory purchase costs for approximately twenty (20)acres of land in Apache Junction located 3.5 miles north of U.S.Highway 60 and northwest of the Lost Dutchman Boulevard and Tomahawk Road intersection (the rodeo grounds,and hereinafter referred to as the "Property"); and WHEREAS,pursuant to A.R.S.§§9-401(A)and 9-276(A)(1), cities may purchase land for the purpose of establishing or improving municipal parks; and WHEREAS,BLM proposes to convey the Property currently managed by BLM's Lower Sonoran Field Office,to City for municipal activities and events; and WHEREAS,City currently holds a recreation and public purpose lease on the Property which limits opportunities for revenue generating activities; and WHEREAS,purchasing the Property would allow City to generate additional funds to expand and improve the City's parks and recreation facilities and amenities; and WHEREAS,the Parties have crafted the attached agreement which describes the respective roles,responsibilities,and funding mechanisms,for the preparatory costs associated with the eventual purchase of the Property. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: RESOLUTION NO. 20-34 PAGE 1 OF 2 1)The mayor and city council hereby approve the attached cost recovery agreement between the Parties and the mayor is authorized to sign the agreement. 2)The city manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS &;,DAY OF 6Wher-, 20z°. SIGNED AND ATTESTED TO THIS La DAY OF o ri ohn ,, ATTEST: JEQUIFER City Clerk NA APPROVED AS TO FORM: 222o JEFF SER Mayor RICHARD J. STERN City Attorney RESOLUTION NO. 20-34 PAGE 2 OF 2 ATTACHMENT A COST RECOVERY AGREEMENT CITY OF APACHE JUNCTION AND THE DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT FOR REIMBURSEMENT OF COSTS RELATED TO A DIRECT LAND SALE, LOCATED IN PINAL COUNTY, ARIZONA ARTICLE I.BACKGROUND This Cost Recovery Agreement ("Agreement") sets forth the responsibilities and procedures for coordinating and assisting The City of Apache Junction (AJ) in real estate actions associated with AJ purchase of Bureau of Land Management (BLM) lands.The BLM proposes to convey land situated in Pinal County, Arizona.The parcel is currently managed by the BLM's Lower Sonoran Field Office. The parcel (approximately 20 acres) is identified as available for disposal in the Lower Sonoran Resource Management Plan (RMP).The RMP identifies lands for disposal and provides legal descriptions for such lands available for disposal.The proposed disposal of public lands will be accomplished in accordance with BLM Section 203 and 209 of the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, and BLM land tenure policy. ARTICLE II.PURPOSE AND AUTHORITY The purpose of this Agreement and the activity described herein is to prepare the documentation and support of a future decision related to the conveyance of public lands. The BLM proposes the sale of one parcel of public land (totaling 20 acres) to AJ for the purpose of rodeo grounds and other municipal enterprises.The property is located 3.5 miles north of Highway 60, approximately 20 miles east of Phoenix, Arizona, within the City of Apache Junction, Arizona. It is also the purpose of this agreement to provide a framework for the cooperation and coordination between the BLM and AJ in completing the conveyance of the subject public lands that will be necessary in order to complete the FLPMA §203 & §209 (43 U.S.C. §1713 & §1719) sale ofthe public lands in a timely, efficient, and legally sufficient manner. This Agreement describes the respective roles, responsibilities, and funding mechanism for completing the sale. The Parties hereto respectively represent only that each will undertake its best efforts in good faith to fulfill the purpose of this Agreement as herein stated.Nothing in this Agreement guarantees an outcome or a future decision related to the sale of 20 acres of public lands. Authority for BLM to enter into this Agreement is Section 203 and 209 of FLPMA [43 U.S.C. 1734(b)] and 43 CFR 2710 and 2720. ARTICLE III.ROLES AND RESPONSIBILITIES Both parties do mutually understand and agree as follows: AJ will: •Fund the costs associated with the processing of the land sale.Processing costs involve all tasks associated with the proposed sale, including internal approvals, appraisals, environmental analyses and clearances, hazardous materials site assessments, mineral reports, public notification, legal review, and project oversight.Tasks that the AJ undertakes specific to this effort will be completed in a manner satisfactory to the BLM and compliant with the applicable Federal laws and regulations. •Upon the execution of this Agreement, AJ will volunteer to deposit the initial sum of $20,000 into a non -interest -bearing BLM cost recovery account.An estimate of costs has been provided by the BLM and is contained in Appendix A attached hereto.The cost summary in Appendix A is hereby incorporated and made a part of this Agreement. Funds remaining in the account upon completion of the proposed sale will be returned to AJ. The BLM will: •Accomplish the purpose of this Agreement by providing the necessary project management expertise for processing the sale of the public lands identified in the legislation. •Initiate and process the sale of the subject public lands in accordance with FLPMA and other existing laws, regulations, and policies, and provide the final documentation and reports to the proponent. •Manage a cost recovery account and provide an expended cost summary of the contributed funds on a semi-annual basis until the completion of the stated purpose of this Agreement. ARTICLE IV.ADMINISTRATION This Agreement shall become effective when signed by the authorized representatives of AJ and the BLM and shall remain in effect until the purpose of this Agreement has been completed. Under the Agreement, the BLM is authorized to receive additional funds for this account in order to complete the work tasks listed in Appendix A.Appendix A will be revised as necessary to allow the orderly processing of this public land sale and to ensure that sufficient funds are available to the BLM to accomplish the purpose of this Agreement. For administrative purposes, the Proponent agrees that (proponent representative), or any other person subsequently authorized by the Proponent, shall serve as the point of contact in regard to communications,official correspondence, legal services, and other matters related to the action. Ryan Randell, BLM Lower Sonoran Field Office will be the point of contact to coordinate preparation and review of all documents e.g., National Environmental Policy Act (N EPA) analysis, mineral report, environmental site assessment, and appraisals required to complete the proposed action.AJ and the BLM further agree to coordinate with each other in an effort to expedite the review and approval by the BLM of conveyance tasks.BLM anticipates holding regular calls or meetings with additional coordination done on an as -needed basis. The BLM and AJ will exchange copies of all publicly available documents in the course of business supporting the environmental analysis, technical reports, data, information, analyses, and comments received relative to any environmental reviews and its conclusions.BLM has final authority in selecting and contracting with any outside experts to facilitate this disposal. BLM is solely responsible for reviewing and commenting on environmental analyses and decision documents.AJ will be provided the opportunity to comment on the environmental analysis of the proposed sale along with the general public. The property is proposed to be conveyed via a direct sale to AJ. All documents, reports and other related requirements necessary for the evaluation and processing of the real estate action will be made a part of the public record and are subject to public availability as required by law.BLM, at its sole discretion, will exercise professional judgement regarding the applicability of public disclosure laws such as the Freedom of Information Act. This includes information which may be exempt from release under the Privacy Act (5 U.S.C. 552(a)), and information which may qualify for exemption under the Freedom of Information Act (5 U.S.C. 552(b)). This Agreement does not modify the responsibility of either the BLM or the Proponent to act within applicable statutory authority and budgetary limitations. This Agreement will terminate upon completion of its stated purpose, unless formally reaffirmed, revised, or terminated by either Party in writing.Upon termination, all unencumbered funds deposited for use by the BLM shall be returned to AJ. ARTICLE VII.AMENDMENT, TERMINATION, DEBARMENT, AND SUSPENSION I.Any action to be taken by the Agencies under this Agreement is subject to available funding. The mission requirements, funding, personnel, and other priorities of the Parties may affect their ability to fully implement all the provisions identified in this Agreement. 2.In implementing this Agreement, BLM will be operating under its own laws, regulations, and policies, such as the development or implementation of the National Environmental Policy Act, Resource Management Plans, Environmental Stewardship Plans and Safety Plans, and subject to the availability of appropriated funds.The proponent will be responsible for determining its legal rights, obligations and defenses. 3.Nothing in this Agreement may be construed to obligate the United States to any current or future expenditure of resources in advance of the availability of appropriations from Congress. Nor does this agreement give cause to obligate the Department of the Interior or the United States to spend appropriated funds on any particular project or purpose, even if funds are available. 4.Specific activities that involve the transfer of money, services, or property between or among the Parties will require execution of separate agreements or contracts. 5.Nothing in this Agreement is intended to or will be construed to alter, limit, expand or affect in any way the authority or legal responsibilities of the Parties. 6.This Agreement is not intended to, and does not create any right or benefit, substantive or procedural, enforceable by law or equity by any party against the United States or its officers, agents, employees, or any other person. Amendments Modifications within the scope of this Agreement must be made by mutual consent of the Parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed.Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change.The parties jointly agree to share in the responsibilities for amending the Agreement with the frequency and level of detail necessary to support the purposes for which the Agreement has been made.All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail. Debarment and Suspension The Parties shall immediately inform the Agencies if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR 200.Additionally, should the Parties or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the Agencies without undue delay.This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. ARTICLE VIII.LIABILITY BLM does not assume liability for any third -party claims for damages arising out of this Agreement. ARTICLE IX.LIST OF CONTACTS For City of Apache Junction: Liz Langenbach, 480-474-5154 Ilangenbach@ajcity.net City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 COUNSEL APPROVAL AS TO FORM I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. , Bureau of Land Management Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date Page 1 of I APPENDIX A PROCESSING COST ESTIMATES (Based upon approximately 20 acres to be determined) RODEO GROUNDS - PROPOSED LAND CONVEYANCE (AUGUST 2020) Description of Work Estimated Cost of Work Responsibility For Task BLM APACHE JUNCTION Project oversight $8,000 $8,000 - Management review/participation $1,000 $1,000 - Administrative support $1,000 $1,000 - Record notation/initial adjudication $2,000 $2,000 - Legal title review and opinions $2,000 $2,000 - Preparation of legal and internal review packages $3,000 $3,000 - Mineral Potential Report $5,000 $5,000 - Cultural surveys/Reviews $5,000 $1,000 $4,000 Biological surveys/Reviews $5,000 $1,000 $4,000 Cadastral/LLD Review $2,000 $2,000 - Environmental site assessment/Review $8,000 $2,000 $6,000 Appraisal/Review $12,000 $12,000 - Newspaper publications $1,000 $1,000 - Public contacts/mailings $1,000 $1,000 - Preparation of NEPA documents/Reviews $10,000 $3,000 $7,000 Title documentation $1,000 $1,000 - Patent prep, final adjudication, final title $3,000 $3,000 - Escrow/closing costs $1,000 $1,000 - Inspections $1,000 $1,000 - Vehicle use costs $1,000 $1,000 - Miscellaneous expenses $1,000 $1,000 - Subtotal of Costs $74,000 $53,000 $21,000 Administrative Overhead @ 21.5 percent $11,395 $11,395 - TOTAL ESTIMATED PROCESSING COSTS $85,395 $64,395 $21,000 Disclaimer:The proposed costs represent only an estimate.Situations could arise which would increase/decrease the real costs associated with the land sale proposal. 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TS • .I-.155;a7L-14, rAML$1:47' •-4.:'4‘.",ft.,0 7111k.e.:13kArb r A W : B E r a y.:„7 " TUF—tnef:-VIPTI-P—:ZATFA-44:`id..‘ Project Map AZA -1 7622 AZA 7246 Rodeo Grounds Lease Prospector Park Lease Bureau of Lend Management Map Prepared by Author rrandell Date: 2/19/2019 SCALE 1:10.482 0.2 0.4 Miles CoNcOnst• Syr2ATT HAD MO LOIS Zone 12N Prelm:DAt Tramwome Odom NAM AMA.OM 18 -.edy A nub 5y5m &cm al WA Manegamest m Om warem HAMAN menplemem Ilse. 6.1•02r ins A somas usa AM. arm do 7 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OP LAND MANAGEMENT PHOENIX DISTRICT crFice M0e:61111315.11.001c UK41, 110C For the BLM: Ryan Randell, Project Manager 623-580-5533 rrandell@b1m.gov U.S. Department of the Interior Bureau of Land Management Lower Sonoran Field Office 21605 N. 7t h Ave Phoenix, Arizona 85027 ARTICLE X.AUTHORIZED SIGNATURES IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by an authorized official on the day and year set forth opposite their signature.This Agreement will become effective upon the date of the final signature and shall terminate with the completion of the land exchange or upon agreement of the parties.Any unexpended and unobligated funds shall be returned to the Proponent. City of Apache Junction: By:Date: Bureau of Land Management: By:Date: