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