Res 2596 Termination and Release of Development Agreement for Village at Paseo de Luces - 9802 W. Van Buren St. 03 25 25

City of Tolleson — City Council (2025-03-25)

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WHEN RECORDED, RETURN TO: 
 
City of Tolleson 
City Clerk  
9055 West Van Buren Street  
Tolleson, Arizona 85353 
 
 
RESOLUTION NO. 2596 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION AND 
RELEASE OF DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY; AND 
PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS. 
WHEREAS, On or about December 21, 1999, the City of Tolleson (“City”) entered into a 
development agreement with Grandilla (Arizona), Inc., an Arizona corporation, Foot Creek 
Corporation of Arizona, an Arizona corporation, John C. Lincoln Health Network, an Arizona non-
profit corporation, The First Presbyterian Church of Phoenix, an Arizona nonprofit corporation, 
American Cancer Society/Southwest Division, Inc., an Arizona nonprofit corporation, and the 
Heard Museum, an Arizona nonprofit corporation (collectively the “Non City Parties”), which 
development agreement was recorded with the Maricopa County Recorder on January 21, 2000 
at 2000-0050698  (the “Development Agreement”); and 
 
WHEREAS, Village at Paseo de Luces, LLC is the successor in interest to the Non City 
Parties to the Development Agreement; and 
 
WHEREAS, all of the obligations under the Development Agreement have been fulfilled; 
and 
 
WHEREAS, pursuant to A.R.S. §9-500.05(C), a development agreement may be 
terminated by the mutual agreement of the parties or their successors and assigns; and 
 
WHEREAS, the City and Village at Paseo de Luces, LLC now desire to terminate the 
Development Agreement and release the Property from the obligations thereunder; and  
 
WHEREAS, the City Council of the City of Tolleson finds that terminating said 
Development Agreement is in the best interest of the City. 
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF 
TOLLESON, ARIZONA, as follows:  
 
Section 1.  The recitals above are hereby adopted and incorporated as if fully set forth 
herein.

CITY OF TOLLESON RESOLUTION NO. 2596 
MARCH 25, 2025 
PAGE 2 
 
 
 
Section 2.  The Termination and Release of Development Agreement is hereby approved 
in substantially the form attached hereto as Exhibit A and incorporated herein by reference. 
 
 
Section 3.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to carry out the purpose and intent of this Resolution. 
 
Section 4.   The City Clerk is hereby authorized and directed to record a copy of the 
Termination and Release of Development Agreement with the Maricopa County Recorder not 
later than ten days from the date of this Resolution. 
 
Section 5.  All resolutions and parts of resolutions in conflict with this Resolution are 
hereby repealed. 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
25th day of March, 2025. 
 
 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney 
 
 
CERTIFICATION 
 
I hereby certify that the foregoing Resolution No. 2596 was duly passed and adopted by 
the Mayor and Council of the City of Tolleson, Arizona, at the Regular City Council Meeting held 
on March 25, 2025, that the vote thereon was ___ ayes, ___ nays, and that the Mayor and ___ 
Council Members were present thereat. 
 
 
____________________________________ 
Crystal Zamora, City Clerk 
City of Tolleson, Arizona

CITY OF TOLLESON RESOLUTION NO. 2596 
MARCH 25, 2025 
PAGE 3 
 
 
 
EXHIBIT A 
TO 
RESOLUTION NO. 2596 
 
[Termination and Release of Development Agreement] 
 
 
See following pages.

When Recorded, Return To: 
City Clerk 
City of Tolleson  
9055 W. Van Buren Street 
Tolleson, Arizona 85353 
 
 
TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT 
 
RECITALS 
 
WHEREAS, On or about December 21, 1999, the City of Tolleson (“City”) entered into a 
development agreement with Grandilla (Arizona), Inc., an Arizona corporation, Foot Creek 
Corporation of Arizona, an Arizona corporation, John C. Lincoln Health Network, an Arizona non-
profit corporation, The First Presbyterian Church of Phoenix, an Arizona nonprofit corporation, 
American Cancer Society/Southwest Division, Inc., an Arizona nonprofit corporation, and the 
Heard Museum, an Arizona nonprofit corporation (collectively the “Non City Parties”), which 
development agreement was recorded with the Maricopa County Recorder on January 21, 2000 at 
2000-0050698  (the “Development Agreement”) regarding certain real property located in the City 
of Tolleson legally described on Exhibit A attached hereto and made a part hereof by this reference 
(the “Property”) ; and 
 
WHEREAS, Village at Paseo de Luces, LLC is the successor in interest to the Non City Parties to 
the Development Agreement; and 
 
WHEREAS, all of the obligations under the Development Agreement have been fulfilled; and 
 
WHEREAS, pursuant to A.R.S. §9-500.05(C), a development agreement may be terminated by 
the mutual agreement of the parties; and 
 
WHEREAS, the City and Village at Paseo de Luces, LLC now desire to terminate the Development 
Agreement and release the Property from the obligations thereunder; and  
 
NOW, THEREFORE, for good and valuable mutual consideration, the City and Village at Paseo 
de Luces, LLC now agree to terminate the Development Agreement and release the Property from 
all covenants running with the land pursuant to Section 5.8 thereof.  
 
 
 
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IN WITNESS WHEREOF, the parties have executed this Agreement through their 
representatives duly authorized to execute this document and bind their respective entities to the 
terms and obligations herein contained on the day and year first written above.   
 
CITY OF TOLLESON, an Arizona municipal corporation 
 
 
_______________________________________ 
City Manager 
 
ATTESTED: 
 
 
_______________________________________ 
City Clerk 
 
APPROVED AS TO FORM: 
 
 
______________________________________ 
Justin Pierce, City Attorney 
 
STATE OF ARIZONA 
 
) 
 
 
 
 
) ss. 
County of Maricopa 
 
) 
 
This instrument was subscribed, sworn to, and acknowledged before me this ___ day of 
____________ 2025, by __________________, a ________________ on behalf of THE CITY 
OF TOLLESON, an Arizona municipal corporation. 
 
 
 
 
 
 
 
 
 
________________________________ 
 
 
 
 
 
 
 
Notary Public 
My Commission Expires: 
 
 
 
 
 
 
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VILLAGE AT PASEO DE LUCES, a Delaware Limited Liability Company 
 
_______________________________________ 
 
By:  ______________________________ 
Its: ______________________________ 
 
STATE OF _____________  
) 
 
 
 
 
) ss. 
County of ______________  
) 
 
This instrument was subscribed, sworn to, and acknowledged before me this ___ day of 
____________ 2025, by __________________, a ________________ on behalf of 
______________________, an ____________________________. 
 
 
 
 
 
 
 
 
 
________________________________ 
 
 
 
 
 
 
 
Notary Public 
My Commission Expires: