DANELLE PLAZA ORDINANCE DRAFT FINAL.DOCX

Ordinance No. O2024.03
1
ORDINANCE NO. O2024.03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF 
TEMPE, 
ARIZONA, 
AUTHORIZING 
THE 
DISPOSITION 
OF 
3.146 
ACRES 
OF 
CITY-OWNED 
PROPERTY LOCATED AT DANELLE PLAZA ON THE 
SOUTHWEST 
CORNER 
OF 
MILL 
AVENUE 
AND 
SOUTHERN AVENUE.
WHEREAS, the City of Tempe (“City”) is the owner of approximately 3.146 acres of 
land at Danelle Plaza (inclusive of individual parcels and to include its share of common area 
and the associated responsibility for it), located on the southwest corner of Mill Avenue and 
Southern Avenue in Tempe, Arizona (“City Property”); and
WHEREAS, on September 7, 2023, the City Council issued a resolution (R2023.134, 
hereinafter “Resolution”) authorizing the City Manager to sign a development and disposition 
agreement with Guina Affiliated Developers, LLC and Desert Viking Danelle-Plaza 
(collectively “Developers”) for disposition of the City Property and subsequent development of 
the City Property in connection with the redevelopment of the resulting Developer-owned 
property at Danelle Plaza and in connection with a yet-to-be undertaken process for planning 
such redevelopment; and
WHEREAS, pursuant to the authority granted by the Resolution, City and Developers 
entered into that certain Master Development and Disposition Agreement effective November 
29, 2023 (C2023-327, recorded in the Official Records of the Maricopa County Recorder as 
instrument no. 20230614208, hereinafter “Development Agreement”); and
WHEREAS, the Development Agreement requires the Parties to establish a purchase 
price for the City Property based on appraisal and to submit an Ordinance to the City Council 
that, if approved, would authorize the City Manager to sign all documents necessary to complete 
conveyance of the City Property on meeting of the conditions precedent in the Development 
Agreement; and
WHEREAS, an appraisal has established the full market value of the City Property as 
Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000), and the parties have agreed 
to that full market value as the purchase price for the City Property (“Purchase Price”); and
WHEREAS, Section 2.11(g) of the Tempe City Charter requires an ordinance to convey 
or authorize the conveyance of any interest in City-owned lands; and
WHEREAS, the City Council has determined it is in the best interests of the City of 
Tempe to authorize conveyance of the City Property upon satisfaction of the conditions 
precedent contained in the Development Agreement as determined by the City’s City Manager 
and to enter into all documents necessary to effect conveyance of the City Property according 
to the terms and conditions of the Development Agreement.

Ordinance No. O2024.03
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 
OF TEMPE, ARIZONA, as follows:
              Section 1:  The conveyance of the City Property, subject to the terms and conditions 
precedent in the Development Agreement, is hereby approved.
              Section 2:  The City Manager is hereby authorized to all sign documents necessary or 
convenient to convey the City Property in exchange for the established Purchase Price, including, 
but not limited to a Special Warranty Deed in a form mutually agreeable to the Parties, and approve 
all other documents identified in the Development Agreement related to the conveyance, including 
promissory notes and deeds of trust.
              Section 3:  If the City Manager determines in the City Manager’s reasonable discretion, 
that the conditions precedent to the conveyance in the Development Agreement have not been met 
and/or if the Development Agreement is terminated prior to the conveyance of the City Property, 
this Ordinance shall be void and of no force and effect.
              Section 4:  Pursuant to the City Charter, Section 2.12, this ordinance will be effective 
thirty (30) days after adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this __________ day of ______________, 2024.
__________________________________________
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Sonia M. Blain, City Attorney