HomeMy WebLinkAboutResolution 2007-227 third amendment to development agreement with vulcan materialsMARANA RESOLUTION NO. 2007-227
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
MARANA AND VULCAN MATERIALS COMPANY (SUCCESSOR-IN-INTEREST TO NEW
WEST MATERIALS).
WHEREAS, Section 3.2 of the original development agreement between New West
Materials and the Town recorded November 8, 2002, required New West to construct certain trail
improvements along the Santa Cruz River not later than October 15, 2005; and
WHEREAS, The Original Agreement was amended by the "Second Amendment to
Development Agreement between the Town of Marana and Vulcan Materials Company (Successor-
In-Interest.to New West Materials)" recorded August 5, 2005, at Docket 12610, Page 4130, Pima
County Recorder's Office (the "Second Amendment"); and
AIHEREAS, the Town's portion of the trail system which would connect to the trail
improvements to be provided by Vulcan has not yet been constructed; and
WHEREAS, the Mayor and Council find that it is in the interest of both parties for the time
for completion of the Vulcan improvements to be extended.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the third amendment to development agreement between
the Town of Marana and Vulcan Materials Company, attached to and incorporated by this reference
in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it
for and on behalf of the Town of Marana.
BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL Of THE TOWN OF
MARANA, ARIZONA, this 18 1h day of December, 2007.
A7EST"
c?elyn?BBrroonn?ssoonn,,?To?'wKnrClerk
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ank Ca?#y, Townpofney
Mayor Ed Honea
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Resolution 2007-227 Vulcan DA Third Amendment 121807
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF MARANA
AND
VULCAN MATERIALS COMPANY
(SUCCESSOR-IN-INTEREST To NEW WEST MATERIALS)
This THIRD AMENDMENT To DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
MARANA AND NEW WEST MATERIALS (this "Third Amendment") is executed by and between the
TOWN OF MARANA, an Arizona municipal corporation (the "Town") and VuLCAN MATERIALS
COMPANY, a New Jersey corporation ("Vulcan"). The Town and Vulcan are sometimes
collectively referred to as the Parties.
REaTALs
A. The Town entered into a development agreement with New West Materials ("New
West"), recorded November 8, 2002 at Docket 11923, page 3536, Pima County Recorder's
Office (the "Original Agreement").
B. The Original Agreement was amended by the "First Amendment to Development
Agreement between the Town of Marana and New West Materials" dated May 6, 2003, and
recorded May 19, 2003, at Docket 12053, page 3944, Pima County Recorder's Office (the "First
Amendment").
C. The Original Agreement was amended by the "Second Amendment to Development
Agreement between the Town of Marana and Vulcan Materials Company (Successor-In-Interest
to New West Materials)" recorded August 5, 2005, at Docket 12610, Page 4130, Pima County
Recorder's Office (the "Second Amendment")
D. Paragraph I of the Second Amendment modified Section 3.2 of the Original Agreement
to provide that New West (now Vulcan) "shall complete all Trail Improvements by October 15,
2007, or this Agreement is null and void."
E. The trail system into which the Trail Improvements were to be interconnected has not yet
been constructed by the Town, and the Parties desire to extend the time period for completion of
the Trail Improvements for a period of three years.
AGREEmENT
NOW, THEREFORE, based on the foregoing recitals which are incorporated here as the
intent of the Parties in entering into this agreement, the Parties hereby agree as follows:
1. Paragraph I of the Second Amendment, which modified Section 3.2 of the Original
Agreement, is hereby modified to provide that Vulcan shall complete all Trail Irnprovements by
October 15, 2010, or this agreement is null and void.
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2. All remaining provisions of the Original Agreement as modified by the First Amendment
are hereby affirmed and ratified.
3. This agreement is subject to the provisions of A.R.S. § 38-511, which provides for
cancellation of contracts by a government entity in certain instances involving conflicts of
interest.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the last signature
date set forth below.
VULCAN MATERIALS
By
[Print
700/045
TOWN OF MARANA
By- f
Ed H6eaM'ayor
Date---,4"2
ATTEST:
elyn
'??i ?Ins(
nson, Town Clerk
APPR9,VED
TOFORM:
Frank Cassidy, To w-'n
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STATE OF ARIZONA
) ss.:
COUNTY OF PIMA
The foregoin document was swom to and acknowledged before me this day of
-1 -51, V\'Aent f- Q 204by war-. Of
I
Vulcan Mat&ials Company, a New Jersey corporation, on behalf of the corporation.
FFICIAL SEAL
' 6a" I
3ALLY A. CHADWICK
NOTARY PUBLIC-ARIZONA
PIMA COUNTY
My Comm. Exp. Feb. 14 2009
Notary Pt'jjAic
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