HomeMy WebLinkAbout08/02/2005 Blue Sheet Second Amendment to Development Agreement with Vulcan Materials Company
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: August 2, 2005
AGENDA ITEM: J. 3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2005-102: Relating to Development; approving
and authorizing the execution of a second amendment to develop-
ment agreement between the Town of Marana and Vulcan Mate-
rials Company (successor-in-interest to New West Materials).
DISCUSSION
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. Vulcan Materials Company has now ac-
quired the interest of New West in the property which is the subject of the original agreement.
Since 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, it is in the interest of both parties for the time
for completion of the Vulcan improvements to be extended.
This second amendment would now extend the time for construction of the trail improvements
for a period of two years, requiring them to be completed by October 15,2007.
A TT ACHMENT(S)
Second amendment to development agreement between the Town of Marana and Vulcan Materi-
als Company (successor-in-interest to New West Materials).
RECOMMENDATION
Staff recommends adoption of Resolution No. 2005-102, approving and authorizing the execu-
tion of the second amendment to development agreement between the Town of Marana and Vul-
can Materials Company (successor-in-interest to New West Materials).
SUGGESTED MOTION
I move to adopt Resolution No. 2005-102.
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MARANA RESOLUTION NO. 2005-102
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION
OF A SECOND 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, Vulcan Materials Company has now acquired the interest of New West in
the property which is the subject of the original agreement; and
WHEREAS, 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 second 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 2nd day of August, 2005.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF MARANA
AND
VULCAN MATERIALS COMPANY
(SUCCESSOR-IN-INTEREST TO NEW WEST MATERIALS)
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
MARANA AND NEW WEST MATERIALS (this "Second 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.
RECITALS
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. Vulcan has now acquired the interest of New West in the property which is the subject of
the Original Agreement, as amended by the First Amendment.
D. Paragraph 2 of the First Amendment modified Section 3.2 of the Original Agreement to
provide that New West (now Vulcan) "shall complete all Trail Improvements by October 15,
2005, 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 two years.
F. The Town's offices have moved, requiring a change in the delivery address for notices to
the Town.
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 2 of the First Amendment, which modified Section 3.2 of the Original
Agreement, is hereby modified to provide that Vulcan shall complete all Trail Improvements by
October 15, 2007, 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. Paragraph 5 of the Original Agreement is hereby amended to provide that the Town's
address for purposes of notices and filings shall be as follows:
Town of Marana
Planning Director
11555 W. Civic Center Drive Bldg A2
Marana AZ 85653
In place of New West, notices and filings shall be provided to Vulcan at the following address:
Mark Reardon
Vice President and General Manager
Arizona and New Mexico
Vulcan Materials Company
2526 E. University Drive
Phoenix AZ 85034
4. 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 COMPANY
TOWN OF MARANA
By
[Print Name]
Its
By
Ed Honea Mayor
Date
Date
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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STATE OF ARIZONA )
) ss.:
COUNTY OF PIMA )
The foregoing document was sworn to and acknowledged before me this _ day of
, 2005, by , the of
Vulcan Materials Company, a New Jersey corporation, on behalf of the corporation.
[Seal]
Notary Public
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