Loading...
HomeMy WebLinkAboutRES 22-35 RESOLUTION NO. 22-35 RESOLUTION OF THE MAYOR AND OITY COUNCIL OF THE CITY OF APAOHE JUNCTION, ARIZONA, CONSENTING TO THE ASSIGIe7MENT OF CERTAIN DEVELOPER RIGHTS AND OBLIGATIONS DER THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 , AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I FINDINGS The mayor and city council hereby make the following findings ; A. On September 9, 2021, there was presented to us, the governing body of the City of Apache Junction, Arizona, (hereinafter referred to as the "City" ) , a Petition for Formation and Petition for Adoption of Resolutions Ordering and Declaring Formation of Superstition Vistas Community Facilities District No. 2 , signed by the entities which, on the date thereof, were the "owners" of all real property as shown on the assessment roll for State and county takes for Pinal County, Arizona, being D .R. Horton, Inc . (hereinafter called the 11D.R. Horton" ) and the Arizona Stag Land Department, in Superstition Vistas Community Facilities District No. 2 (hereinafter referred to as the "District" ) , the formation of which was requested by such petitioner in such petition, pursuant to Title 45, Chapter 4 , Article 6, Arizona Revised Statutes, as amended (the "Act" ) . RESOLUTION NO. 22-35 PAGE 1 OF 4 B. By Resolution No. 21-46 , adopted on October 5, 2021 (the "Resolution" ) , by the mayor and city council of the City, the District was formed as a community facilities district pursuant to the terms and provisions of, and with the powers and authority established by, the Act . C. Pursuant to the Act and Section 9-500 . 05, Arizona Revised Statutes, in connection with formation of the District, the City, the District and D.R. Horton entered into that certain District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of February 22, 2022 (the "Original CFD Development Agreement" ) , and recorded as Fee No. 2022-021690 in the official records of Final County, Arizona, to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infrastructure . D. Pursuant to Section 10 . 3 of the Original CFD Development Agreement, D.R. Horton could assign its rights, title, interest, duties, obligations and liabilities as Developer (as defined in the Original CFD Development Agreement) under the original CFD Development Agreement to Brookfield Homes Holdings, LLC ( "Brookfield Homes" ) . E. D.R. Horton and Brookfield Homes executed and delivered that certain Assignment and Assumption of District Development, Financing Participation, Waiver and Intergovernmental Agreement (Superstition Vistas Community Facilities District No. 2) , dated as of March 14 , 2022 (the "Assignment to Brookfield Homes" ) , and recorded as Fee No. 2022-087119 in the official records of Pinal County, Arizona, whereby D.R. Horton assigned, and Brookfield Homes assumed, the role of Developer under the original CFD Development Agreement, and the City and the District consented to such Assignment to Brookfield Homes . F. Brookfield Homes has now requested the assignment of its rights, title, interest, duties, obligations and liabilities as Developer to Brookfield ASLD 8500, LLC ( "Brookfield ASLD 8500" ) , in accordance with Section 10 . 3 of the Original CFD Development Agreement, provided that Brookfield Homes will retain certain duties, obligations and liabilities under the Original CFD Development Agreement as a guarantor and indemnitor. G. In order to consummate the assignment of the Developer role to, and the assumption thereof by, Brookfield ASLD 8500 and delineate the duties, obligations and liabilities of Brookfield Homes, the City, the District, Brookfield ASLD 8500 and Brookfield Homes have determined to enter into that certain Amended and RESOLUTION NO. 22-35 PAGE 2 OF 4 Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2 (the 11CFD Development Agreement" ) , and the CFD Development Agreement has been placed on file with the clerk of the City and presented to the mayor and council of the City in connection with the execution and delivery of the CFD Development Agreement . SECTION II AUTHORIZATION AND APPROVAL OF CFD DEVELOPMENT . ..............-------.......... ...... ......... AGREEMENT The CFD Development Agreement is hereby approved in substantially the form submitted herewith, with such changes, additions, deletions, insertions and omissions, if any, as the mayor of the City, with the advice of the manager of the City and the city attorney of the City, shall authorize, the execution and delivery of the CFD Development Agreement to be conclusive evidence of the propriety of such document and the authority of the person or persons executing the same . The mayor of the City, with the advice of the manager of the City and the city attorney of the City, is hereby authorized and directed to execute, and the clerk of the City to attest and deliver, the CFD Development Agreement on behalf of the City. SECTION III RATIFICATION Resolution No. 21® 6 and all things done arising therefrom are hereby ratified and confirmed in all other respects notwithstanding the execution and delivery of the CFD Development Agreement . SECTION IV NO LIABILITY OF OR FOR THE CITY ........... ------------- Neither the City nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the costs of the public infrastructure contemplated by the CFD Development Agreement for the District nor for the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the City, the State of Arizona or any political subdivision of either (other than the District) shall be pledged therefor. SECTION V EFFECT OF RESOLUTION A. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, RESOLUTION NO. 22-35 PAGE 3 OF 4 paragraph, clause or provision shall not affect any remaining provisions of this resolution. B. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _b DAY OF 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . aWALTER;VIICHI- Mayor ATTEST® 4 E IFER ENA !R City Cl;rk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-35 PAGE 4 OF 4