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Home My WebLink AboutResolution 2012-078 relating to San Lucas Flood wall� F. ANN RODRIGUEZ, RECORDER �Recor�led By: LD DEPUTY RECORDER 41 SMARA TOWN OF MARANA TOWN CLERK / � PI1l.�`t �' ` � O� z � �I �`nlZOr""� IIIIII IIIII IIIII IIIII II'I� IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII I�I) SEQUENCE: NO. PAGES; RES MAIL 11555 W CIVIC CENTER DR A,MpUNT PAID: MARANA AZ 85653 117ARANA RESOLUTION NO. 2012-078 20122930575 5 10119/2a12 14:52 $8.00 RELATING TO FLOODPLAIN MANAGEMENT; AP'PROVING AND AUTHORIZTNG THE MAYOR TO EXECUTE THE FIl2ST AMENDMENT TO SAN LUCAS FLOQDWALL MAINTEN.ANCE AND INGRESS-EGRESS EASEMENT AGREEMENT WHEREAS the Town of Marana, Fidelity National Title Agency, Inc., as Trustee under Tnast Na. 6Q,365, and San I�ucas Homeowners Associatian entered into the San Lucas Floodwall Maintenance and Ingress-Egress F,asement Agreement (the "Original Agreement") on September 20, 2011; and WHEREAS the Federal Emergency Management Agency (FEMA) created clraft revised floodplain maps far the area that includes San Lucas in September 2007; and WI-�REAS paragraph 3 of the Original Agreement provided, among other things, for San Lucas Homeowners Association to establish a reserve account ("the Account"), naming Marana as CO-OWtle1'; allC� WHEREAS the parties to the Original Agreement now prefer for the Account to be held, maintained, and managed directly by Marana; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its citizens are served by the approval and execution of the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF A�ti?�RANA, ARIZONA, that the "First Amendment to San Lucas Floodwall Maintenanc� and Ingress-Egress Easement Agreement" between and among the Town of Marana, Fidelity National Title Agency, Inc., as Trustee under Trust No. 60,365, and San Lucas Homeowners Association, attached to and incorparated by this reference in this resolution as Exhibit A, is hereby appraved, the Mayor is hereby authorized and directed to execute it far and on behalf of the Town af Marana, and the Town's Manager and staff are hereby directed and authoriz.�d to undertake all otlier and further tasks required ar beneficial to carry out the terms, obligations, and objectives vf the amendment. Marana Resolution No. 2012-078 Page 1 of 2 9nonoia z:oo r� Fc � PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF T�J[ARANA, ARIZONA, this 16 day of Octobe�', 2012. d Honea, Mayor ATTEST: APPROVED AS TO FORM: ^ assidy, Town Attorney Marana Resolu6on No. 2011-078 2 9/10/2012 2:00 PM PC FIRST AMENDMENT TO SAN LUCAS FLOODWALL MAINTENANCE AND INGRESS-EGRESS EASEMENT AGREEMENT THIS FIRST AMENDMENT ("Arnendment" is entered into by and between the TOwN oF MARANA, an Arizona municipal corporation ("Marana"), FIDELTTY NATIONAL TITLE AGENCY INC., an Arizana carporation, as Trustee under Trust No. 6Q,365 (the "Uwner"), and SAN L,UCAS H�MEOWNERS ASSOCIATION, an Arizona non-profit corporation ("San Lucas HOA"). Marana, the Owner, and San Lucas HOA are sometimes colleciively referred to in this Agreement as the Parties, any one of which is sometimes individually referred to as a Patty. RECr1'ALS A. The Parties entered into the San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (the "Original Agreement") on September 20, 2011, recorded in the office of the Pima County Recorder at Sequence N�. 20I128000�9. B. Paragraph 3 of the Original Agreement provided, among other things, for San Lu- cas HOA to establish a reserve account ("the Account"), naming Marana as co-owner. C. The Parties now prefer for the Account to be held, maintained, and managed by Marana in accordance with this Amendment. AGREEMENT NOW, THEREFORE based on the foregoing recitals, which are incorporated here as the intention of the Parties in enEering into this Amendment, and in consideration of the terms of the 4riginal Agreernent and this Amendment, the Parties hereby agree as follows: 1. Estnblishment and Mnnagement of the Account. Paragraph 3 of the Original Agree- ment is hereby amended by deleting subparagraphs A and B and inserting the follow- ing in their place: A. Marana's Finance Department shall hold, manage and provide a separate ac- counting ("the Account") for funds provided by the San Lucas HC?A as required by, and subject to the terms of, this Agreement. B. [ReservedJ 2. Effect of Amendmenf. Except as expressly modified by this Arnendment, the terms of the Original Agreement shall remain in full force and effect. 3. Recordation. This Amendment shall be recorded in the official records of Pima County, Arizona. (00031�171.DOC �� SAN LUCAS FLOODN'ALL AGREEMENT AMENDMEhT 9�7�2012 ]0:00 AM FJC -1- 4. Effectiz�e Date. This Amendment is effective when it has been fully executed on be- half of all of the Parties. 5. ConfIict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for cancellaHon of contracts in certain instances involving con�licts of interest IN WITNESS WHEREOF, the Parties have duly executed this instrtxment below. •, MARANA" n The "OWNER�� TC}WN OF 1�Q .■ Ed Hon�a, Date: ko i6 �� ATTEST: ocely ronson, Town Clerk FIDEL[TY NATIONAL TITLE AGENCY, INC., ' an Ar'rzona corporation, as Truste �� . �lor un er Trust No. 60,�� / �'S Crpi2`i�ts47� ly'y J . ��. By L . /[L [Print Name & Title] Date:�ll � �� "SAN Lv�AS HOA" SAN LUCAS HOMEOWNERS ASSOCIATIDN, an Ariz on-profit carporation � By _ � �/� �ti�L.t il��s [Print Name & Title] Date: 9 --� - / z This instrument was acknowledged before me this /�_��" '' day of „�f�l'�✓�f./� , 2a12 by /11�5�� .G.. /�<L,L , the Trust Officer of FIDELITY NATIONAL TITLE AGENCY, dS TTliSt22 UriC�ei' TTLl NO. 6Q,�G (Notary seal) - Notary Public �?Ft�iC4AL �SE�►L {�C�N�A RHYPIE NOTAflY PUStIC-ARiZ99��► ; • PIh�A �OtJ�T�I 9 ��?v taomr. �r,�. O�t. 20, 201?. (OQ031471.DOC /} SAN LUCAS FLOODWALL ACRFEME\T AMENDMENT 9�7�201210:Q0 AM FJC _�_ STATE OF ARIZONA SS. County of Pirna ) . STATE OF ARIZONA SS. County of Pima ) This instrument w s acknowledged before me this o�4 �` day af �l�iril��- . 2012 by �_ �nAS �J/v,�nS , the �t,5✓�f.��'" of and SAN LUCAS HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, on behalf of the corporation. (Notary seal) �� ' OFFICIAL SEAL - Notar Public MARTHA L. HILL Y ,. N NOTARY PUBIiC-ARIZONA , • PIMA COUNTY *"' # Mv Comm. ExR• Au9. 27, 2013 {00031471.DQC /� SAN LuCa,S FCOODWALL AGrtEEn�Fa�*r AnaF.t�DMENT 9/7/2012 10:00 AM FJC -3-