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Home My WebLink AboutResolution 2006-046 agreement for construction of water facilities for saguaro springs F. ANN RODRIGUEZ, RECORDER RECORDED BY: ALH DEPUTY RECORDER 0726 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12768 1835 2 20060570403 03/24/2006 15:29 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RESCOR MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2006-46 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR SAGUARO SPRINGS DEVELOPMENT. WHEREAS, the Town entered into a water service agreement with Best Associates II, LLC dated February 12, 2001; and WHEREAS, the Town and Best Associates II, LLC entered into an amendment to the Original Agreement dated April 1, 2004; and WHEREAS, First American Title Insurance Company and Saguaro Reserve LLC are collectively referred to as the "Developer" and have now acquired the interest of Best Associates II, LLC in the Saguaro Springs development which is subject ofthe Original Agreement and the First Amendment; and WHEREAS, on February 15, 2005, the Town annexed into the town limits approximately 22 acres of land on the north side of Twin Peaks and immediately west of the Saguaro Springs development; and WHEREAS, the Developer owns the land annexed into the town limits and desires to include the annexed land into the terms of the Original Agreement as amended by the First Amendment; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The second amendment to Town of Marana agreement for construction of water facilities and provision of water utility service between the Town of Marana and First American Title Insurance Company and Saguaro Reserve LLC, attached as Exhibit A is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Exhibit A on behalf ofthe Town of Marana. ~ 1 ::~? i''''~11 " ~~~ ~:;:l ~i' Ji: :j~: ~::i L SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of March, 2006. / Edf:L~ ATTEST: ""\"""""'" ~,~\. OF ~ ~ ~~~\\''''''""",-9 ~ ~ 0 iF:', ~ "1-t. ~ ::: I'~ CORPORAi-r ~!':P ~ _::: C)OC;<o == = i SEA.' ..~ ::: ~ iA .\~ld ~ ~ ~~' ~ s ~ I:"'llUlIi('~ -# ~ 19/2 -j0"~ ~llllill\\\~ RSO 060221 2nd amend Saguaro Springs. Reso 2006-46 APM 03/21/2006 2 J! II"ii: ,j". '7 ~,~, !;~ ~::::1: li~;1 jl '~l! ,,,.., I::::ii SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 AAG 12768 1837 3 20060570404 03/24/2006 15:29 F. ANN RODRIGUEZ, RECORDER RECORDED BY: ALH DEPUTY RECORDER 0726 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 11. 00 .-J SECOND AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE THIS SECOND AMENDMENT ("Second Amendment") to the Agreement for Construction of Water Facilities is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust No. 9089, ("FAT 9089"), and SAGUARO RESERVE LLC, an Arizona limited liability company ("Saguaro Reserve"). FAT 9089 and Saguaro Reserve are collectively referred to as the "Developer." The Town and the Developer are sometimes collectively referred to as the "Parties" and individually referred to as a "Party." RECITALS A. The Town entered into a water service agreement with Best Associates II, L.L.C., an Arizona limited liability company, dated February 12,2001, and recorded February 22,2002, at Docket 11742, page 2771, Pima County Recorder's Office (the "Original Agreement"). B. The Town and Best Associates II, L.L.C., entered into an amendment to the Original Agreement dated April 1, 2004, and recorded on April 12, 2004, at Docket 12278, page 3151, Pima County Recorder's Office (the "First Amendment"). C. The Developer has now acquired the interest of Best Associates II, L.L.C., in the Saguaro Springs development which was the subject of the Original Agreement and the First Amendment. D. On February 15,2005, the Town annexed into the town limits approximately 22 acres of land on the north side of Twin Peaks Road and immediately west of the Saguaro Springs development by the adoption of Marana Ordinance No. 2005.04. E. The Developer owns the land annexed into the town limits by Ordinance No. 2005.04, and the Parties desire to include the annexed land into the terms of the Original Agreement as amended by the First Amendment. AGREEMENT ij; ,j! ::~t~ ''';JI' it~:~ ;~~~: Now, THEREFORE, in consideration of the recitals set forth above and the mutual covenants, conditions and agreements set forth in this Second Amendment, the Parties agree as follows: it:i~ It ;:::~; .I"~! ,,:~ '''"'I' " 1. The rights and obligations under the Original Agreement as amended by the First Amendment and by this Second Amendment shall be binding upon and inure to the benefit of the Developer and its successors-in-interest in ownership of the Saguaro Springs development as identified in the Original Agreement and expanded by this Second Amendment. {00001472'oOC 12} ~ 2. The land area annexed into the Town of Marana by Ordinance No. 2005.04, which is legally described and depicted on the legal description and map recorded as part of the blank annexation petition at Docket 12442, page 408, Pima County Recorder's Office, is hereby included within the terms of the Original Agreement as amended by the First Amendment and this Second Amendment. 3. Except as modified by this Second Amendment all of the terms of the Original Agreement as amended by the First Amendment shall remain in full force and effect. DATED this C\. \ day of (\t\O\1""Ch . , 20016. TOWN OF MARANA, an Arizona municipal corporati~ By , Ed . ne , Mayor FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as :~ei];h' md not Jt~~~~~€- [Print Name & Title] SAGUARO RESERVE LLC, a Delaware limited liability company By: EMPIRE LAND, LLC, a California limited liability company, its managing member Date: -Z-Z.3-0( By: :1:. :;;;~ ,''''v' ,;1 II"" ~:::h ~~::l: Its: Date: Il:;~ ,JL 11:~::il ~~j~ I'::~ ~I".JI {00001472.DOC / 2} 12/16/20053:41 PM - 2 - STATE OF ARIZONA) ss County of Pima ) ~ The foregoing ~trum<rnt was ackn9wle~d before me on 028 - by QJhdl1 A .-f)el C\f)R-, ---fn)stC:rtn.~ of FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Trustee under Trust/h. ..90..89, and;"t otherwise. ( (~~/id-k' CA-~ -- --.- ....-___... Not Public iCL4L SE~ttL HI\N ,,'.< ~ r~ 1.; '.,~";\\f~llONA ;;JNTY 15, 2009 STATE OF ~ )ss County of ~.JtlmA/1u'/ ) My commission expires: was aC~OWledgeWfore me on ~..<1.bl1it by , the (IVLSrml '$l/71Mk- of EMPI ARTNERS, INC., a Cali rnia corporation, managing member of EMPIRE LAND, LLC, a California limited liability company, managing member of SAGUARO RESERVE LLC, a Delaware /. ited liability company, on behalf of the LLC. ) ss ) ary uDfic MATA NOTARY ie-STATE OF ARIZONA CGCUr.::NO COUNTY My commj.oSion Mar 10, 2008. 2ZZo~ssion etJ>>zp {/)t .10, I STATE OF County of The foregoing instrument was acknowledged before me on by , the of EMPIRE PARTNERS, INC., California corporation, managing member of EMPIRE LAND, LLC, a California limited liability company, managing member of SAGUARO RESERVE LLC, a Delaware limited liability company, on behalf of the LLC. My commission expires: Notary Public jl ::~;~ ,"~' .:!. ~:::~ ::;::): ~~ :jl. :I:':j: J~~I 'I"l~ ::;~ {00001472.DOC / 2} 12/16/20053:41 PM - 3 -