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RESOLUTION NO. 5698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN K.
HOVNANIAN GREAT WESTERN HOMES, LLC, AND THE CITY OF
CHANDLER FOR THE DEVELOPMENT OF PROPERTY LOCATED AT THE
NORTHWEST CORNER OF WARNER ROAD AND BULLMOOSE DRIVE,
KNOWN AS HONEYSUCKLE TRAIL.
WHEREAS, in 1979, the City of Chandler (“City”), Cathedral of Praise, Inc. (“Cathedral”), and
Estes Homes executed a tri-party agreement which requires Cathedral to maintain a stormwater
retention basin that serves to collect and retain the stormwater runoff created by the Orangetree
subdivision located at the northeast corner of Warner Road and Bullmoose Drive;
WHEREAS, the tri-party agreement obligates Cathedral to maintain the retention basin, including
planting, irrigation, and upkeep of grass and trees, and granted the City the right to intervene and
maintain the retention basin if Cathedral failed to meet its maintenance obligation; and
WHEREAS, K. Hovnanian Great Western Homes, LLC (“Developer”) entered into a purchase and
sale agreement with Cathedral in December 2021 for the purchase of certain real property totaling
approximately 12.79 acres on the northwest corner of Warner Road and Bullmoose Drive,
including the Retention Basin; and
WHEREAS, Developer intends to construct a single-family residential neighborhood
(“Honeysuckle Trail”) on the property and wishes to make improvements to the Retention Basin,
including the construction of a public park, and deed the Retention Basin to the City; and
WHEREAS, the City and Developer wish to enter into a development agreement, in accordance
with A.R.S. §9-500.05, to address certain matters related to the development of the subject
property, including the creation and dedication of a new public park to serve City residents; and
WHEREAS, the City has determined that Developer is qualified and capable of developing the
property in a manner that will provide public benefits for the City and the citizens of Chandler,
Arizona.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
Approves the development agreement with K. Hovnanian Great Western Homes,
LLC, in substantially the form attached hereto as Exhibit “A” and incorporated
herein by this reference.
Section 2.
Authorizes the Mayor of the City of Chandler to execute the Development
Agreement and related documents for and on behalf of the City of Chandler.
Resolution 5698
Page 2
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ____ day of
_______, 2023.
ATTEST:
________________________________ ______________________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Resolution No. 5698 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of _________, 2023 and that a quorum was present thereat.
______________________________
CITY CLERK
APPROVED AS TO FORM:
______________________________
CITY ATTORNEY
Exhibit “A”
Development Agreement between City of Chandler, an Arizona municipal
corporation, and K. Hovnanian Great Western Homes, LLC, an Arizona Limited
Liability Company