Title
Amend Ordinance S-42786 to Accept Any Real Property Interests and Execute Any and All Agreements Necessary to Fulfill Terms of the Development Agreement 144549 with Cave Buttes Development Partners, LLC (Ordinance S-43963)
Description
Request authorization to amend Ordinance S-42786 to authorize the City Manager, or his designee, to accept any real property interests and execute any and all agreements in connection with or related to the development agreement with Cave Buttes Redevelopment Partners, LLC for the construction of roadway infrastructure for Deer Valley Road between Cave Creek Road and Black Mountain Boulevard; and further approve an exception pursuant to Phoenix City Code 42-20 authorizing indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code 42-18.
Report
Summary
The City entered into a Development Agreement, City Contract 144549, with Cave Buttes Development Partners, LLC for the construction of roadway infrastructure for Deer Valley Road between Cave Creek Road and Black Mountain Boulevard. The development agreement contains provisions requiring acquisition of property for public right of way purposes. Inclusion of indemnification and assumption of liability provisions is a necessary condition to the City's acquisition affecting properties owned and/or operated by Arizona State Land Department (ASLD), the Central Arizona Water Conservation District (CAWCD) and Bureau of Reclamation (BOR). Funding for all agreements in connection with the development agreement was included in the previous Council action.
Concurrence/Previous Council Action
Ordinance S-42786 was adopted on July 1, 2016.
Location
Deer Valley Road, between Cave Creek Road and Black Mountain Boulevard.
Council District: 2
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation and Finance departments.