HomeMy WebLinkAboutResolution 96-043 amendment and IGA for red haw canyonMARANA RESOLUTION NO. 96-43
A RESOLUTION OF THE MAYOR AND COLrNCIL OF THE TOWN OF MARANA,/~ONA,
APPROXrING AND AUTHORIZING THE SECOND AMENDMENT TO THE AMENDED AND
RESTATED DEVELOPMENT AGREEMENT AND INTERGOVERNMENTAL AGREEMENT
(g~r) HAWK CANYON).
WHEREAS, on January 17, 1995 the Town of Marana did, by Resolution No. 95-04, enter into
an "Amended and Restated Development Agreement and Intergovernmental Agreement" with WCA
Communities Inc. and U.S. Homes Corpormion, for the development of certain po~ons of Red Hawk
Canyon; and
WHEREAS, it has been determined that certain mistakes of fact existed at the time the
agreement was entered into and it is the desire of the Mayor and Council to correct these mistakes of
fact by entering into a second amendment to the original agreement.
NOW, THEREFORE, be it resolved by the Mayor and Council of the town of Marena, Arizona,
that the Second Amendment to the Amended and Restated Development Agreement and
Intergovernmental Agreement (Red Hawk Canyon), attached hereto as Exhibit A. is approved and the
Mayor end Clerk are authorized and directed to execute and deliver the Development Agreement on
behalf of the Municipality as provided herein.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
7th day of May, 1996.
O FORM:
Daniel J. Hochuli
Town Attorney
ED HONEA, Mayor
M~,,,~ Amo,~ R~,~uti~ No. 96-43 Page 1 of 1
When recorded return to:
David Mehl
3567 East Sunrise, Ste. 219
Tucson, AZ 85718
SECOND AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT AND INTERGOVERNMENTAL AGREEMENT
(Red Hawk Canyon)
This Second Amendment to the Amended and Restated Development Agreement and
In,..~ergovemme~~ Agreement (Red Hawk Canyon) (the "Second Amendment") is made as of this
day of 7,r/,~ ,1996 by and among the TOWN OF MARANA, and Arizona municipal
corporation (the '~rown"), BAY COLONY - GATEWAY, INC., a Delaware corporation, the
successor in title to WCA Communities, Inc. ("Bay Colony"), U.S. HOME CORPORATION, a
Delaware corporation ("USH"), RED HAWK CANYON COMMUNITY FACILITIES DISTRICT
NO. 1, a communities facilities district formed pursuant to A.R.S. §48-701, et seq. ("District 1"),
and RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 2, a communities
facilities district formed pursuant to A.R.S. {}48-701, et seq. ("District 2").
RECITALS:
A. The Town, Bay Colony and USH are parties to that certain Amended and Restated
Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) recorded
in Docket 9969 at Page 1923 in the Office of the Pima County Recorder (the "Development
Agreement").
B. The Development Agreement erroneously recited in Recital G that the porEon of the
District 2 property consisting of approximately 1,360 acres as described in the Pre-
Annexation Development Agreement recorded in Docket 8776 at Page 2247 in the Office
of the Pima County Recorder (the "Second Pre-Annexation Agreement") had been made part
of the Specific Plan by Ordinance No. 90.15. Ordinance 90.15 did not make the 1,360 acres
described in the Second Pre-Annexation Agreement a part of the Specific Plan.
C. Recital L of the Development Agreement erroneously recited that the parties intend
to supersede the Second Pre-Annexation Agreement.
D. Paragraph 1 of the Development Agreement erroneously terminated the Second Pre-
Annexation Agreement on the mistaken assumption that the property subject thereto has
been make part of the Specific Plan.
E. The parties hereto wish to correct the foregoing errors in the Development
Agreement.
Now therefore for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto state, confirm and agree as follows:
AGREEMENT
1. Amendment of Recitals. The Recitals to the Development Agreement are hereby
amended to (i) eliminate any statement that the property subject to the Second Pre-Annexation
Agreement has been included within the Specific Plan, and (ii) eliminate any statement of intent to
cancel the Second Pre-Annexation Agreement.
2. Amendment of Section 1. Any reference to the Second Pre-Annexation Agreement
in Section 1 of the Development Agreement is deleted. The Second Pre-annexation Agreement
remains in full force and effect.
IN WITNESS WHEREOF the parties have executed this agreement the day and year written
above.
se, Town ClerAPPR. OVED ASTO FORM kAND AUTHORITY
Ed Honea, ~Ma~yor
TOWN OF MARANA, an Arizona
municipal corporation
The foregoing Second Amendment has been
reviewed by the undersigned attorney
who has determined that it is in proper
form and within the power and authority
granted under the laws of the State of
Arizona t~the Town o~rana.
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WCA COMMUNITIES, INC., an
Arizona corporation
Ronald C. Dillon
Its Executive Vice President
STATE OF ARIZONA )
)
COUNTY OF PIMA )
SS.
The foregoing document was acknowledged before me the c~ day of
1996 by Ronaid C. Dillon, the Executive Vice President of WCA COMMUNITIES, INC., an
Arizona corporation, on behalf on said corporation.
a yVu0ic -
STATE OF ARIZONA )
)
COUNTY OF PIMA )
SS.
U.S. HOME CORPORATION, a
.~.,,,~.~e$oregoing instrument was acknowledged before me this o4
~ '~,~. W_~ , the~~ ~~-~ -~U.S'~ . HO~
~~~ N~a Delaware co~oratio~ on behalf of said co~oration.
~ ~ ~ ~3 ~SS ~OF, I hereunto set my hand and official seal.
~ Nota~Public
My co~ss~on expires:
RED HAWK CANYON COMMUNITY
FACILITIES DISTRICT
u ¢ e/ron
Its C aib..~n
APPROVED AS TO FORM AND AUTHORITY
The foregoing Second Amendment has been
reviewed by the undersigned attorney
who has determined that it is in proper
form and within the power and authority
granted under the laws of the State of
Arizona to community facilities district
~rn-ey /'---/' '"
RED HAWK CANYON COMMUNITY
FACILITIES DISTRICT NO 9
Its Chhaffxn an
APPROVED AS TO FORM AND AUTHORITY
The foregoing Second Amendment has been
reviewed by the undersigned attorney
who has determined that it is in proper
form and within the power and authority
granted under the laws of the State of
Arizona to a community facilities district
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