Title
Development Agreement between City of Phoenix and GM Gabrych Family Limited Partnership for a Lift Station North of the Northwest Corner of Black Canyon Freeway and the Central Arizona Project Canal (Ordinance S-46781)
Description
Request to authorize the City Manager, or his designee, to enter into a Development Agreement between the City of Phoenix (“City”) and GM Gabrych Family Limited Partnership (“Developer”) to allow the Developer to design and construct a Lift Station and pay a one-time payment in the amount of $300,000 to the City to take over operation and maintenance of the Lift Station upon its construction. Further request to authorize the City Manager, or his designee, to record a special warranty deed upon the City's acceptance of the Lift Station. Additionally, request to authorize the City Treasurer to accept all funds related to this item.
Report
Summary
The Developer owns approximately 189 acres of property north of the northwest corner of Black Canyon Freeway and the Central Arizona Project Canal. The Developer is developing the Property for single-family residential uses. To facilitate this development, regional improvements to public infrastructure are necessary. Such improvements include a public sewer wastewater Lift Station. To support wastewater flow from the development, the Developer will engage, at its sole cost and expense, any consultants, engineers, contractors, suppliers, and other professionals necessary to complete the Lift Station’s design and construction. The Lift Station must meet all applicable City requirements in all material respects. Upon completion of the Lift Station’s construction, Developer will promptly pay $300,000 to the City to satisfy in full the Developer’s Lift Station maintenance and operation obligation. At that time, Developer will also convey the Lift Station/Site by special warranty deed, with full legal description, to the City for recording with the Official Records of Maricopa County, Arizona.
The City will issue a written acceptance of the Lift Station/Site after Developer has: 1) met all applicable Phoenix requirements for the Lift Station in all material respects; 2) submitted the payment, special warranty deed, environmental site assessment reports, project documents, record drawings, and warranty letter to Phoenix; and 3) made a written request to the City for acceptance of the Lift Station/Site. Upon written acceptance of the Lift Station/Site, the City will record the special warranty deed and the Lift Station/Site will become City property in fee simple. Outside of the Developer’s warranty responsibilities, the City will thereafter maintain and operate the Lift Station, at its own cost and expense, in accordance with its own policies and procedures.
Financial Impact
The Developer will pay the City a one-time payment of $300,000.
Location
North of the northwest corner of Black Canyon Freeway and the Central Arizona Project Canal.
Council District: 1
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.