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Home My WebLink AboutResolution 2006-092 amendment to real estate exchange and development agreement with reyher partnership and marana 348 limited partnership SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES 12846 4709 3 20061350938 07/14/2006 16:26 F. ANN RODRIGUEZ, RECORDER RECORDED BY: BMV DEPUTY RECORDER 1985 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2006-92 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT WITH REYHER PARTNERSHIP AND MARANA 348 LIMITED PARTNERSHIP REGARDING THE MARANA MUNICIPAL COMPLEX SITE. WHEREAS, the Town entered into a Real Estate Exchange and Development Agreement with Reyher Partnership and Marana 348 Limited Partnership (the "Owners") on October 7, 2003, recorded at Docket 12154, Page 2148, Pima County Recorder's Office (the "Original Agreement"); and WHEREAS, the Original Agreement specified, among other things, that the Town would construct Civic Center Drive and Marana Main Street, provide lighting, landscaping, drainage, and other improvements, and that the Owners would pay $441,837 as their fair share contribution toward that construction; and WHEREAS, the Town has completed construction of the infrastructure and has now determined that an additional roadway connection is desirable to connect Marana Main Street to Sandario Road; and WHEREAS, the Owners are willing and able to undertake the construction, land acquisition, and land dedication obligations set forth in the proposed Amendment to the Original Agreement in exchange for full satisfaction ofthe Owners' $441,837 obligation to the Town; and WHEREAS, the Mayor and Council find that the terms and conditions of the Amendment to the Original 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, that the Amendment to the Original Agreement between the Town of Marana and the Owners, 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. 1 II:.:! "I~: :~:::I ~~! f;~11 till ,,::1, i'~~iW ~:\11 !;li {00002262.DOC /} FJClcds 6/14/~ 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 20th day of June, 2006. ~~" Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ~\\,\n"",/~ ~_"OF ~ ~ ~- -.\....- """"""~ ~ ~, ~ s ~-~ ~""l ~ S E!CORPORATf\~~ -.:: 000 =_ - -SEAL- - ... S E .... ..... ~ ~:oo.I ~ ~ ~ ~ ~ "'1 ~"IIIU"\\~ ~ ~/"t:?IZ. ~ 9 ,\~ "'II'U"~. 'I J", ~" J~~~t "I ;;",,: rl' t.:;li ~" 1ft, i~',:i ~; f~ln {00002262.DOC /} FJC/cds 6/14/06 2 Exhibit A to Marana Resolution No. 2006-92, entitled AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT, by and between the Town of Marana and REYHER PARTNERSHIP AND MARANA 348 LIMITED PARTNERSHIP, was recorded separately on July 14, 2006, at Docket ',J,.8lJiR, Page if]1 A in the Office of the Pima County Recorder. ~i.. ~1I"11 '~I" Et <I ~) l:wl ,~::~ ~~pil ~I 1, , I F. ANN RODRIGUEZ, RECORDER RECORDED BY: BMV DEPUTY RECORDER 1985 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12846 4712 6 20061350939 07/14/2006 16:26 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 AAG MAIL AMOUNT PAID $ 8.50 AMENDMENT TO REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT THIS AMENDMENT ("Amendment") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town"), REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348"). Reyher and Marana 348 are referred to collectively as the "Owners." The Town and the Owners are sometimes collectively referred to as the "Parties." RECITALS A. The Town entered into a Real Estate Exchange and Development Agreement with the Owners on October 7, 2003, recorded at Docket 12154, Page 2148, Pima County Recorder's Office (the "Original Agreement"). B. The Original Agreement specified, among other things, that the Town would construct Civic Center Drive and Marana Main Street and provide lighting, landscaping, drainage, and other improvements, and that the Owners would pay $441,837 as their fair share contribution toward that construction. C. The Town has completed construction of the infrastructure identified in paragraph B above. D. The Town has determined that an additional roadway connection is desiraole to connect Marana Main Street at an existing curb return located approximately 400 feet south of Pima County Assessor's tax parcel number 217-37-071B (the Northwest Fire District fire station parcel) through Pima County Assessor's tax parcel numbers 217-37-073A and 217-37-048C (the "Owners' Parcels") to Sandario Road at Pima County Assessor's tax parcel number 217-37-0300 (13416 North Sandario Road; the "Timothy Reyher Parcel"). This additional roadway connection is referred to in this Amendment as "Bill Gaudette Road." E. The Owners are willing and able to undertake the construction, land acquisition and land dedication obligations set forth in this Amendment in exchange for full satisfaction of the Owners' $441,837 obligation to the Town (see paragraph B above). F. Except for the additional tra!lsaction addressed in this Amendment, the Parties desire that the Original Agreement remain in full force and effect. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Amendment, the Parties hereby agree as follows: 1. Owners' obligations. The Owners shall do all of the following: a. Dedicate to the Town the right-of-way necessary for the construction of Bill Gaudette Road through the Owners' Parcels. {00002189.DOC /3} - 1 - 6/14/06 C).' 15 A.M li:~::1 ,~, :ESl t;! ~.""': ~:;"J' ~~] I::! "...~ i :L ~2~ ~ b. Purchase the Timothy Reyher Parcel and transfer ownership of the Timothy Reyher Parcel to the Town, free and clear of all liens and encumbrances except those reasonably acceptable to the Town. c. Construct Bill Gaudette Road to a cross-section substantially conforming to the drawing attached to and incorporated in this Amendment as Exhibit A. 2. Satisfaction of debt. Upon satisfaction of Owners' obligations under paragraph 1 above, the Owners' $441,837 obligation to the Town, described in paragraph 6 of the Original Agreement, shall be deemed fully satisfied. 3. Effect on Original Agreement. Except as modified by this Amendment, the provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. TOWN: TOWN OF MARANA, an Arizona municipal corporation By: U 4/J~~~ Ed Honea, Mayor Date: 1-/tJ -c;JG ATTEST: ApPROVED AS TO FORM: {00002189.DOC! 3} OWNERS: REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") By: Trident Marana Properties, Inc. Managing Partner By: B~i~~ Date: 1- 1- of.&, MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348") By: Robert Sarver, General Partner Date: I'til L,,, )111 ,~,,~, ~';;ili dll oil" :'~i: - 2 - 6/14/069: 15 A.M. STATE OF ARIZONA ) ) ss.: County of ~iU'iU>M The foregoing instrument was acknowledged before me on 1 - 7 - 0(, A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. by Barry Partner of REYHER Seal 'Iolary I'ubllc State of Arizona \iianCOpa County Michelle T arrant-Burgoz My Commission Expires 1110212009 ~9~ Notary Public STATE OF ARIZONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me on Sarver, General Partner, on behalf of MARANA 348 LIMITED partnership. by Robert PARTNERSHIP, an Arizona limited Seal Notary Public ,t li"'~1 'I:: ~:;;l 'U ,~'u' i:::~ 1!;:li ;::1 III.""I~ ,~ :t II!:~, {00002189.DOC / 3} - 3 - 6/14/069: 15 A.M. b. Purchase the Timothy Reyher Parcel and transfer ownership of the Timothy Reyher Parcel to the Town, free and clear of all liens and encumbrances except those reasonably acceptable to the Town. c. Construct Bill Gaudette Road to a cross-section substantially conforming to the drawing attached to and incorporated in this Amendment as Exhibit A. 2. Satisfaction of debt. Upon satisfaction of Owners' obligations under paragraph 1 above, the Owners' $441,837 obligation to the Town, described in paragraph 6 of the Original Agreement, shall be deemed fully satisfied. 3. Effect on Original Agreement. Except as modified by this Amendment, the provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. TOWN: OWNERS: TOWN OF MARANA, an Arizona municipal corporation REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") By: Trident Marana Properties, Inc. Managing Partner By: Ed Honea, Mayor By: Date: Barry A. Ebert, Vice President Date: ATTEST: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348") Jocelyn C. Bronson, Town Clerk ~ ApPROVED AS TO FORM: By: Frank Cassidy, Town Attorney Robert Sarver, General Partner Date: '7o/h ( :I q ,.~, ~;:;i~ rij~t ~~~ ij~~ ,d '7 j ~::!:; {00002189.DOC / 3} - 2 - 6/14/069:15 A.M STATE OF ARIZONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. Seal Notary Public STATE OF ARIZONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me on '1-7-0 G by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. OFFICIAL SEAL GREGORY L. WEXLER NOTARY PUBLIC.ARIZONA PIMA COUNTY My Comm Exp. Jan. 25, 2009 j 2: E; 4 ~:~ ~~I ';1 "'"~ j :l, f:ii {00002189.DOC /3} - 3 - 6/14/069:15 A.M I} 11 II IJ II .~ IIi I: I: I. I' I I. II I I I I I ~~ 62' R/W R/W 1,0' PUBLIC UTILITY EASMENT 0.5' 2.5' 6' 4" 18' TRAVEL LANE 18' TRAVEL LANE 2.0% - 2.00:( ~ 2.00~ - 4' SIDEWALK PCDOT STO OTL NO. 200 TYP) BOTH SIDES VERTICAL CURB PER PC COT STD DTL NO. 209 TYPE 1 G BOTH SIDES /VAAIESt' · VARIES -/ o . S W tIQ1Ii.. ASSUMES NO STREET PARKING AND NO DIRECT DRIVEWAY ACCESS. ISSUED: 3/0<4 REVISED: 3/0<4 EXHIBI,TA "...% - MARANA DEVELOPMENT SERV leES SUBDIVISON STREET STANDARDS RESIDENTIAL COLLECTOR 62' WIDE R,O,lf. N'HOVtI ~1IR 'In'llUlI~ JGI'IU R. Dt'Urood. P. E. -/ 2.5' R/W 10' PUBUC I un ITY E.ASMENT 0.5' 6' 4' 2.0~ -- I ,r,j NOT TO SC:AiU: t. t if":11 i~i II ij3 ~li i.l ;""""~ DETAIL NO. I'ii 3 SHErr 1 or 1