HomeMy WebLinkAbout03/21/2006 Blue Sheet Water Agreement Amendment Saguaro Springs
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
March 21, 2006
AGENDA ITEM: I. 5
TO: MAYOR AND COUNCIL
FROM: C. Brad DeSpain, Utilities Director
SUBJECT: 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.
DISCUSSION
On February 12, 2001, the Town entered into a water service agreement with Best Associates II,
L.L.c. for the Saguaro Springs development. On April 1, 2004, the Town and Best Associates
II, L.L.C. entered into an amendment to the Original Agreement and among other things passed
ownership of the development to Saguaro Reserve, LLC whose major partners are the Empire
Companies and KB Home. 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. Saguaro Reserve, LLC 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.
ATTACHMENT(S)
Second Amendment Agreement.
RECOMMENDATION
The Water Utility Advisory Committee and Staff recommend approval of 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.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-46.
BLU 2nd Amendment Saguaro Springs
03/15/20069:23 AM APM
MARANA RESOLUTION NO. 2006-46
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE SECOND AMENDMENT TO TOWN OF MARANAAGREEMENT 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 I, 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 of the 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 of the Town of Marana.
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.
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 060221 2nd amend Saguaro Springs. Rso 2006-46
2
APM 03/15/2006
. ..
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
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:
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.DOC 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
day of
,2005.
Ed Honea, Mayor
FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation, as
:f~ei];J:' md not
if~1t ~&~1': ~
{Print Name & Title]
TOWN OF MARANA, an Arizona municipal
corporation
By
ATTEST:
Jocelyn Bronson, Town Clerk
Frank Cassidy, Town Attorney
SAGUARO RESERVE LLC,
a Delaware limited liability company
By: EMPIRE LAND, LLC,
a California limited liability company,
its managing member
APPROVED AS TO FORM:
Date: -Z - z. .3 ~ 0 ,
By:
Its:
Date:
{00001472.DOC 12}
12/16120053:41 PM
- 2 -
STATE OF ARIZONA )
ss
County of Pima )
~
The foregoing ~trum~nt was ackn9wle~d before me on 028 - by
[\ J VI dl11t ' ~ e.1 CVI..L, --tn)S+ crtf1' CQ.f of FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation, as Trustee under TruSty)1" 4 90, 8~" and?", t otherwise.
. L~~t c~ C"--- --
Public
STATE OF ~ )ss
County of ~ .PttmA/1U') )
-----_'u, Not
iCfiL\L SEAL
I ~-
dAN
! r;:,lc:"/\RllONA
. , ,'PeI""V
.d\! I I
15, 2009
was aC~OWledgeUefore me on ~~~ by
, the (Iv'LSrtm '$lJ71ut+- 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. /
- '
My commission expires:
STATE OF
County of
) ss
)
1t7;;r;J~/OnJ etJ~
I
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
{00001472.DOC / 2}
12/16/20053:41 PM
- 3 -