MC RESOLUTION_MARBELLA RANCH PARCEL 3.PDF

MARICOPA COUNTY
RESOLUTION NO.
C-
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, PHOENIX,
ARIZONA (THE "COUNTY") AUTHORIZING EXECUTION OF BEHALF OF THE COUNTY OF A
GUARANTY OF PERFORMANCE FOR THE MARBELLA RANCH PARCEL 3 SUBDIVISION,
AMONG MARBELLA RANCH LIMITED PARTNERSHIP (PRINCIPAL), A DELAWARE LIMITED
PARTNERSHIP, AND MERTITAGE HOMES OF ARIZONA, INC., AN ARIZONA CORPORATION
(SURETY) REGARDING IMPLEMENTATION OF THE DEVELOPMENT KNOWN AS THE
MARBELLA RANCH PARCEL 3 SUBDIVISION.
WHEREAS, Maricopa County is a growing county with respects to population, and
expects population growth to continue in the foreseeable future, and
WHEREAS, a sizable portion of this population growth will occur in unincorporated areas
as a result of large master-planned communities that will include a significant number of residents
and various types of land uses; and
WHEREAS, the Board of Supervisors recognizes that it must exercise its authority to
accommodate growth in an efficient manner that protects County residents and taxpayers from
undue fiscal burdens; and
WHEREAS, pursuant to Arizona Revised Statues §11-821(C) the posting of an assurance
satisfactory to the County, ensuring the completion of necessary infrastructure, is required as a
pre-condition to the granting of an approval to subdivide property; and
WHEREAS, Principal owns certain real property in unincorporated Maricopa County
comprising a total of approximately 31 acres (the "Property"); and
WHEREAS, Principal represents and warrants that it is the fee title owner of the Property
and has an interest in the Property as described in Arizona Revised Statutes §11-1101 B; and
WHEREAS, Principal wishes to enter into an assurance agreement in form and substance
acceptable to the County with Surety (the "Guaranty of Performance") for the subdivision known
as the Marbella Ranch Parcel 3 Subdivision in accordance with ARS §11-821 to help ensure
timely and efficient development of infrastructure and services for future residents within the
Property, and to help minimize fiscal impacts to County residents and taxpayers;

WHEREAS, ARS §11-821 provides that the Board of Supervisors may regulate the
subdivision of lands within its corporate limits by requiring the posting of performance bonds or
other forms of assurances, including assurance agreements, necessary to ensure the installation
of required street, sewer, electric and water utilities; and drainage and flood control improvements
meeting minimum standards of design and construction; and
WHEREAS, the Board of Supervisors has agreed to accept from the Principal in order to
meet such requirements an assurance in the form of the "Guaranty of Performance".
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Maricopa County
authorizes execution of the Guaranty of Performance on behalf of the County.
EXECUTED this day of , 2019, by Maricopa County Board of Supervisors,
Phoenix, Arizona.
Chairman,
Board of Supervisors
ATTEST:
Clerk of the Board