Council to take action on the Public Improvements In-Lieu Payment Agreement between the City of Buckeye, an Arizona municipal corporation, and Forestar (USA) Real Estate Group Inc., a Delaware corpora

4.D
CITY OF BUCKEYE
Regular Council Meeting
COUNCIL ACTION REPORT
MEETING DATE: 07/01/25
AGENDA ITEM: 4.D. DS - Copper Falls -
Copper Falls Blvd. - In-Lieu Payment
Agreement
DATE PREPARED: 07/01/25
DISTRICT NO.: 1
STAFF LIAISON: Ron Moll, City Engineer, rmoll@buckeyeaz.gov, (480) 997-1702
DEPARTMENT: Development Services
AGENDA ITEM TYPE: Consent Agenda
Items / New Business
ACTION/MOTION: (This language identifies the formal motion to be made by the Council) 
Council to take action on the Public Improvements In-Lieu Payment Agreement between the City of
Buckeye, an Arizona municipal corporation, and Forestar (USA) Real Estate Group Inc., a Delaware
corporation ("Forestar"); and authorize the City Manager to execute and deliver said Agreement on
behalf of the City of Buckeye.
SUMMARY
PROJECT DESCRIPTION:
As part of its development of land generally located north and west of the northwest corner of Miller
Road and Southern Avenue, known as Copper Falls, Forestar is required to construct certain right-of-
way improvements, including paving and waterline, for Copper Falls Blvd., that were not constructed as
part of development through a field directive from the City dated October 5, 2022. The field directive did
not relieve Forestar of the overall responsibility for the completion of the improvements and therefore, the
Owner has requested, and the City has agreed, that rather than Owner immediately constructing the
Improvements, Owner may make the In-Lieu Payment in a single lump sum in the amount of
$101,372.70 to the City as full satisfaction of the Owner's obligation to construct the Improvements. The
City shall hold such In-Lieu Payment funds until such time as the funds are applied by the City to the cost
of construction at the time the City constructs or causes to be constructed, the Improvements. The Public
Improvements In-Lieu Payment Agreement memorializes the terms and conditions related to the
payment.
BENEFITS:
Implementing the Payment In-Lieu Agreement protects against waste and spoilage of City Resources.
FUTURE ACTION:
None
FINANCIAL IMPACT STATEMENT:
N/A
CURRENT FISCAL YEAR TOTAL COST:
N/A
Items related to a project or facility location must include an attached vicinity map for Council
Review.
ATTACHMENTS:
In Lieu Agreement - Copper Falls Blvd Signed by FOR 05-22-25.pdf