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RESOLUTION NO. 5506
A RESOLUTION OF THE CITY OF CHANDLER, ARIZONA, APPROVING
A CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENTS
BETWEEN DT CHANDLER, LLC AND AZ MANAGEMENT &
INVESTMENTS, LLC FOR THE CINEMA PORTION OF THE
OVERSTREET
DEVELOPMENT
IN
DOWNTOWN
CHANDLER,
LOCATED AT THE SOUTHWEST CORNER OF ARIZONA AVENUE
AND CHANDLER BOULEVARD.
WHEREAS, on February 23, 2017, the Chandler City Council approved a Development Agreement
and Option Agreement (“Development Agreement”) with DT Chandler, LLC, which sets forth
obligations of the parties with regard to the development of City-owned real property located on
the southwest corner of Arizona Avenue and Chandler Boulevard and commonly referred to as the
Overstreet development (the “Overstreet Property”), as permitted by Ariz. Rev. Stat. § 9-500.05;
and
WHEREAS, in exchange for DT Chandler, LLC’s promise to build certain minimum
improvements on the Overstreet Property, the Development Agreement allows DT Chandler, LLC
to lease the City’s real property pursuant to a ground lease (“Ground Lease”) and government
property lease excise tax lease (“GPLET Lease”) with an additional option to purchase the City’s
property for a price established within the Development Agreement; and
WHEREAS, on December 12, 2019, the City Council approved DT Chandler, LLC’s request to
amend the Development Agreement to provide for bifurcation of the Overstreet Property into
separate projects that can be individually sold and owned by different entities, including a “Cinema
Site,” a “Retail/Office Site,” and a “Remainder Site”; and
WHEREAS, DT Chandler, LLC has negotiated a sale of the Cinema Site to AZ Management &
Investments, LLC; and
WHEREAS, DT Chandler, LLC seeks the City’s consent and approval of the sale pursuant to a
Consent to Assignment and Assumption Agreements (“Assignment Agreements”), a copy of which
is attached to this Resolution as Exhibit A; and
WHEREAS, the City Council finds that it is in the best interest of the City of Chandler to approve
the Consent to the Assignment and Assumption Agreements.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
Approving the Consent to Assignment Agreements in substantially the form
attached to this Resolution as Exhibit A.
Section 2.
Authorizing the City Manager to execute the Consent to Assignment Agreements.
Resolution 5506
Page 2
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ____ day of
____________, 2021
ATTEST:
________________________________ ______________________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Resolution No. 5506 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____
day of ________, 2021, and that a quorum was present thereat.
________________________________
CITY CLERK
APPROVED AS TO FORM:
______________________________
CITY ATTORNEY