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HomeMy WebLinkAboutResolution 2010-050 first amendment to lennar/willow ridge commons agreement for construction of water facilitiesMARANA RESOLUTION N0.2010-50 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO LENNAR/WILLOW RIDGE COMMONS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER SERVICE WHEREAS LENNAR COMMUNITIES DEVELOPMENT and the Town of Marana entered into an Agreement for Construction of Water Facilities and Provision of Water Utility Service dated April 17, 2007 and recorded in the office of the Pima County Recorder on April 20, 2007 at Docket 13038, Page 3692 (the "Original WSA"); and WHEREAS the Original WSA set forth the rights and obligations of the parties relative to the development of certain public water infrastructure that was anticipated to be constructed by or on behalf of the developer to serve the developer's subdivision known as Willow Ridge Commons, recorded in the office of the Pima County Recorder at Book 60 of Maps and Plats, Page 98; and WHEREAS the parties wish to clarify the developer's remaining water infrastructure obligations under the Original WSA; and WHEREAS the Mayor and Council find that the terms and conditions of the amendment 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 "First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Utility Service" for the Willow Ridge Commons development prof ect, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed 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 amendment. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF Mayor d Honea ~ Jocelyn C. Bronson, APPROVED AS TO FORM: _/~' /: ;' ' rank ' sidy, Town orney {ooozizsi.~oc i} MARANA, ARIZONA, this 1St day of June, 2010. F. ANN RODRIGUEZ, RECORDER DOCKET: RECORDED BY: LLW PAGE: . DEPUTY RECORDER 1956 PE-2 Qv~~ \O r~ ~ ~ ^ NO. OF PAGES SEQUENCE ;, ~ sMARA w~ ~ l,z TOWN OF MARANA ~ i' y ~N~ .~~~'~ AAG ATTN: TOWN CLERK `gRdZ01`Zp' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID FIRST AMENDMENT TO LENNAR/WILLOW RIDGE COMMONS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE TOWN OF MARANA, ARIZONA 13837 960 4 20101210284 06/24/2010 15:38 $ 8.00 This First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Utility Service (this "Amendment") is entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town") and LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation (the "Developer"). The Town and the Developer are collectively referred to in this Amendment as the "Parties," and each is sometimes individually referred to as a "Party." RECIT,9LS A. The Parties entered into an Agreement for Construction of Water Facilities and Provision of Water Utility Service dated April 17, 2007 and recorded in the office of the Pima County Re- corder on Apri120, 2007 at Docket 13038, Page 3692 (the."Original WSA"). B. The Original WSA set forth the rights and obligations of the Parties relative to the devel- opment of certain public water infrastructure that was anticipated to be constructed by or on be- half of the Developer to serve the Developer's subdivision known as Willow Ridge Commons, recorded in the office of the Pima County Recorder at Book 60 of Maps and Plats, Page 98. C. This Amendment is executed to clarify the Developer's remaining water infrastructure ob- ligations under the Original WSA. AGREEMENT Now, TxEREFORE, in consideration of the mutual promises made in this Amendment, the Par- ties agree as follows: 1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this refer- ence. 2. Developer's Remaining Water Production Facilities Obli ag tion. The Developer shall, within 120 days after the .effective date of this Amendment, remove the pump and subsurface infrastructure from Well 25 K-1 and deliver them to the Town's Marana Operation Center at 5100 West Ina Road for proper storage. The Developer shall also provide all permits and docu- mentation from the Arizona Department of Water Resources (ADWR) for the completed modifi- cations to Well 25 K-1. Upon completion of these requirements, the Parties agree and acknowl- edge that the Developer has completed and satisfied all requirements under paragraph 2.1(a)(i) of the Original WSA, relating to rehabilitation of well number 25 K-1. 3. The Town's Obligations Re ag rding Well 25 K-1. By way of describing and clarifying fur- ther tasks that are to be completed, and not as a contractual obligation of the Town under this { 00019541. DOC / 4 } 4/8/2010 11:40 AM LENNAR/WILLOW RIDGE COMMONS WSA FIRST AMENDMENT -1- ~-f Amendment or the Original WSA, the Town agrees and acknowledges that it shall be responsible for the following: 3.1. Demolition and removal of the electrical facilities at the site of We1125 K-1. 3.2. Cap We1125 K-1 for future use. 3.3. Provide all necessary paperwork to the Arizona Department of Environmental Quality (ADEQ) and ADWR to keep Well 25 K-1 idle until the Town chooses to return the' well to production. 4. Effective Date. This Amendment shall become effective upon its execution by all the Par- ties and the effective date of the resolution or action of the Town Council approving this Amendment (the "Effective. Date"). 5. Term. The term of the Original WSA, as modified by this Amendment, is extended to De- cember 31, 2010. 6. Other terms. Except as modified by this Amendment, all terms and provisions of the Origi- nal WSA shall remain in full force and effect and shall apply to this Amendment. 7. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the coun- terparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Amendment. 9. Time Essence. Time is of the essence of each and every obligation by the Parties under this Amendment. 10. Entire Agreement. This Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Amendment. 11. Conflict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] ~,w - -w { 000 ] 9541. DOC / 4 } 4/8/2010 11:40 AM LENNAR/WILLOW RIDGE COMMONS WSA FIRST AMENDMENT -2- IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their representatives' respective signatures. TowN: THE TOWN OF MARANA, an Arizona municipal corporation DEVELOPER: LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation _ _ By: By: ~~/' Ed Honea, M yor Kevin Tarbox, Senior Vice President Date: ~ ~ / ~ I ( (Q Date: ~ 1 ~ 1 1 ATTEST: '~ Jocelyn C. Bronson, Cler APPROVED AS TO FORM: /~ ~ ~%^ ~2~r ,, ank C~ idy, Town orney OFFICIAL SEAL NICOLE CANTAL(CIO STATE OF ARIZONA ° NOTARY PUBLIC -State o1 Arizona PIMA COUNTY Ss MY Comm. Expires Jan. 15, 2012 County of Pima ) The foregoing instrument was acknowledged before me on May ~, 2010, by Kevin Tarbox, Senior Vice President of LENNAR COMMUNITIES DEVELOPMENT, INC., a Delaware corporation, on behalf of the corporation. My commission expires: ) I (~'~'° ~ ~ Notary Public ~~ ~N~ {00019541.DOC / 4} 4/8/201011:40 AM LENNAR/WILLOW RIDGE COMMONS WSA FIRST AMENDMENT -3- MARANA RESOLUTION N0.2010-50 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO LENNAR/WILLOW RIDGE COMMONS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER SERVICE WHEREAS LENNAR COMMUNTI'IES DEVELOPMENT and the Town of Marana entered into an Agreement for Construction of Water Facilities and Provision of Water Utility Service dated April 17, 2007 and recorded in the office of the Pima County Recorder on April 20, 2007 at Docket 13038, Page 3692 (the "Original WSA"); and WHEREAS the Original WSA set forth the rights and obligations ofthe parties relative to the development of certain public water infrastructure that was anticipated to be constructed by or on behalf of the developer to serve the developer's subdivision known as Willow Ridge Commons, recorded in the office of the Pima County Recorder at Book 60 of Maps and Plats, Page 98; and WHEREAS the parties wish to clarify the developer's remaining water infrastructure obligations under the Original WSA; and WHEREAS the Mayor and Council find that the terms and conditions of the amendment 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 "First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Utility Service" for the Willow Ridge Commons development project, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized and directed 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 amendment. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF Mayor d Honea ~ Jocelyn C. Bronson, APPROVED AS TO FORM: _,~ // ' ~`~~ c=-~~`t ~'~rank Cssidy, Town ~orney {ooouasi.DOC i} MARANA, ARIZONA, this 1St day of June, 2010.