HomeMy WebLinkAboutResolution 2014-080 Amendment to Dove Mountain Development AgreementsMARANA RESOLUTION NO.2014 -080
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS
TO FUND WATER MAIN RELOCATIONS NEEDED FOR THE CONSTRUCTION OF THE
MOORE ROAD IMPROVEMENTS CONNECTING DOVE MOUNTAIN BOULEVARD
AND CAMINO DE OESTE
WHEREAS Cottonwood Properties is the plaster developer of Dove Mountain; and
WHEREAS Cottonwood is constructing Moore Road from its terminus adjacent to the
Bluffs at Dove Mountain easterly to the existing intersection of Camino de Oeste and Moore
Road in satisfaction of its commitments under a 2003 Amendment to Development Agreements
pertaining to the expansion of the Dove Mountain Specific Plan to include Section 36; and
WHEREAS Tucson Water requires relocation of a 24 -inch potable water main and a 16-
inch reclaimed water main located within the Moore Road right- of-way and serving the Dove
Mountain development as a condition of its approval of the plans for the Moore Road
improvements; and
WHEREAS water main relocation drawings were prepared in 2008 and approved by
Town staff, committing Town funding for these water main relocations, with the understanding
that half of the construction funding (excluding design costs) would be reimbursed by Tucson
Water pursuant to a standard utility relocation cost - sharing agreement; and
WHEREAS the 2015 Town of Marana Capital Improvements Projects budget includes a
line item of $200,000 for the Town's share of the Subject Water Relocation Project, the total cost
of which is expected not to exceed $300,000; and
WHEREAS having Cottonwood include the water main relocations in its Moore Road
improvements project will eliminate potential construction conflicts and duplication of
mobilization and overhead costs that would otherwise arise if the Town were to do the
relocations as a separate project; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the proposed Amendment to Dove Mountain Development
Agreements to fund the water main relocations as part of Cottonwood's Moore Road
improvements project.
NOW, THEREFORE, BE 11" RESOLVED BY TI-3E MAYOR. AND COUNCIL OF THE
TOWN OF MARANA, that the Amendment to Dove Mountain Development Agreements
Resolution No, 2014 -080 - 1 -- 8/22/2014 5:09 PM RIC
attached to this resolution as Exhibit A is hereb approved, and the Ma is authorized to
execute it for and on behalf oaf f the Town ol'Marana.
IT IS FURTHER RESOLVED that the Town Mana and staff are hereb directed and
authorized to undertake all other and further tasks re or beneficial to carr out the terms,
obli conditions and objectives of the a includin without limitation to do all
thin and execute all documents necessar to obtain reimbursement from Tucson Water l"or hall"
of the water mains relocation costs.
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 2nd da of September, 2014.
Ma Ed Honea
ATTEST:
ocel Bronson, Town Clerk
TO FORM:
,Fra Cassi, J own Attor ne
•
Wwft
O �4
Resolution No, 2014-080 - 2 - 812212014 5:09 13M FJC
WHEN RECORDED, RETURN TO:
Marana Town Clerk
11555 West Civic Center Drive
Marana, Arizona 85653
AMENDMENT To DOVE MOUNTAIN DEVELOPMENT AGREEMENTS
TOWN of MARANA,, ARIZONA
This Amendment to Dove Mountain Development Agreements (this "Amendment ")
is made and entered into by and between the TOWN OF MARANA, an Arizona municipal
corporation (the "Town "), and COTTONWOOD PROPERTIES, INC., an Arizona corporation
( LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation, as Trustee
under Trust No. 7804 --T ("'Trust 7804 "), and LAWYERS TITLE of ARIZONA, INC., an Arizona
corporation, as Trustee under Trust No. 7805 -T ("'Trust 7805 "). Trust 7804 and
Trust 7805 are sometimes collectively referred to as the "Trusts." The Town,
Cottonwood, Trust 7804, and Trust 7805 are sometimes collectively referred to as the
"Parties," any one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties are parties to that certain Amendment to Development Agreements
made as of June 19, 2001 and recorded in Docket 11594 at Page 3855 and that certain
Amendment to Development Agreements made as of April 5, 2005 and recorded in
Docket 12525 at Page 1451 in the office of the Pima County Recorder (collectively
"Resort Agreement "), and to that certain Amendment to Development Agreements
made as of March 18, 2003 and recorded in Docket 12017 at Page 6571 in the Office of
the Pima County Recorder ( "Trailhead Agreement " }. The Parties (or their predecessors
in interest) are parties to the Development Agreements (as defined in the Resort
Agreement) and the Resort Agreement and the Development Agreements shall be
collectively referred to herein as the "Current Development Agreements,'"
B. Cottonwood is the intended master developer of the majority of the property
described and depicted in the Current Development Agreements (exclusive of the
District 1 Property described in the Phase 1 Agreement) and all references to the
"Developer" *in this Amendment refer to any and all of Cottonwood, the Trusts (and
their beneficiaries) and/or such other developers), if any, as the case may be, to whom
the Trusts hereafter assign all or a portion of their rights and obligations under the
Current Development Agreements in accordance with the provisions of the Current
Development Agreements.
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AMENDMENT To DOVE MOUNTAIN DEVELOPMENT AGREEMENTS MOORE ROAD WATER MAINS RELOCATION
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Exhibit "A"
C. Paragraph 4 of the Trailhead Agreement identifies certain offsite transportation
improvements the Developer was required to make if it purchased "Section 36" as
defined in the Trailhead Agreement. The Developer thereafter purchased Section 36.
D. Paragraph 4(A) of the Trailhead Agreement requires the Developer to extend
Moore Road from its terminus adjacent to the Bluffs at Dove Mountain easterly to the
existing intersection of Camino de oeste and Moore Road.
E. The Parties understood that paragraph 4(A) of the Trailhead Agreement was
intended to address transportation needs only.
F. During the design of the Moore Road improvements referred to in recital D, the
Parties learned that Tucson Water would require relocation of a 24 --inch potable water
main and a 16 --inch reclaimed water main serving the Dove Mountain development as a
condition of approval of the Moore Road improvements.
G. concurrently with the design of the Moore Road improvements, water main
relocation drawings were prepared in 2008 (Tucson Water Plan No. FN 2008 -02) (the
"Subject Water Relocation Project ") and approved by Town staff, committing Town
funding for the Subject Water Relocation Project, with the understanding that half of the
construction funding (excluding design costs) would be reimbursed by Tucson Water
pursuant to a standard utility relocation cost - sharing agreement.
H. The current Town capital Improvements Projects budget includes a line item of
$200,000 for the Town's share of the Subject Water Relocation Project, the total cost of
which is expected not to exceed $300,000.
I. The Parties conclude that the Subject Water Relocation Project can be most
efficiently accomplished as part of the Developer's publicly -procured Moore Road
improvements project, for reasons including elimination of unnecessary construction
conflicts and duplication of mobilization and overhead costs.
J. Construction of the Moore Road improvements is i pending
formalization of the Subject Water Relocation Project funding.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Amendment as though fully restated here, and the mutual covenants set forth
in this Amendment, the Parties hereby agree as follows:
1. Construction of the Subject Water Relocation Project as a component of the Moore Road
improvements. The Developer shall construct the Subject Water Relocation Project as a
component of the construction of the Moore Road improvements project, and shall pay
all costs associated with the combined projects as they come due.
2. Developer's cost itemization to the Town. The Developer shall submit to the Town
quarterly pay requests itemizing the actual Subject Water Relocation Project costs
incurred and paid to date as part of the Moore Road improvement project. The
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AMENDMENT To DOVE MOUNTAIN DEVELOPMENT AGREEMENT'S/ MOORE ROAD WATER MAINs RELOCATION
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Developer shall provide the Town with invoices or other backup information
reasonably requested by the Town to confirm the accuracy of the Developer's quarterly
pay request.
3. Tozon reimbursement for Subject Water Relocation .Project. The Town will review each
quarterly pay request seeking reimbursement of actual Subject Water Relocation Project
costs and will notify the Developer within ten working days of receipt of the pay
request if additional information is needed or if the Town disputes all or any portion of
the pay request. The Town shall pay the approved amount of each quarterly pay
request within 30 days of receipt of the request or within 30 days of receipt of the
requested additional information, whichever is later.
4. Tucson Water reimbursement. Town staff is authorized to execute any and all
documentation and actions necessary to obtain reimbursement from Tucson Water for
half of the construction costs of the Subject Water Relocation Project.
5. Miscellaneous.
(A) This Amendment may not be modified except in a writing signed by the
Parties.
(B) Time is of the essence of this Amendment.
(C) This Amendment shall be governed by and interpreted in accordance with
the laws of the State of Arizona, and any lawsuit to enforce any provision of this
Amendment or to obtain any remedy with respect to this Amendment shall be
brought in the Pinta County Superior Court, and for this purpose the Parties
expressly and irrevocably consent to the jurisdiction of the Pima County Superior
Court.
(D) If any Party fails to perform any of Its obligations under this Amendment or
if a dispute arises concerning, the meaning or interpretation of any provision of this
Amendment, the defaulting party or the party not prevailing iYZ the dispute, as the
case may be, shall pay any and all costs and expenses incurred by the other party in
enforcing or establishing its rights under this Amendment, including, without
limitation, court costs and reasonable attorneys' fees.
(E) This Amendment may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original and all of which, taken together, shall
constitute one and the same agreement.
(F) This Amendment is subject to A.R.S. § 35 -511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
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AMENDMENT To DOVE MOUNTAIN DEVELOPMENT AGREEMENTS/MOORE ROAD WATER MAINS RELOCATION
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date
set forth below their respective signatures.
THE "TOWN"
TOWN OF MARANA, an rizona municipal
corporatio
By. sr
E Honea, Mayor
• I- ~�dl �4
Date.
ATTEST:
celyn ronson, Town Clerk
APPROVeD ASS FORM: �
F ank qdj idy, Town AAorney
STATE OF ARIZONA
SS.
County of Pima )
Date:
The foregoing instrument was acknowledged before me on
the
The "DEVELOPER" .
COTTONWOOD PROPERTIES, INC an Arizona
corporation
0 0
Its:
Date:
The "TRUSTS""
LAWYERS TITLE OF ARIZONA, INC., an
Arizona corporation, as Trustee under
Trust No. 7804 -6 and Trust No. 7805 --T
only, and not in its corporate capacity
By:
Its:
by
of COTTONWOOD
PROPERTIES, INC., an Arizona corporation, on behalf of the corporation.
(S ea l)
Notary Public
STATE OF ARIZONA
) Ss.
County of Pima )
The foregoing instrument was acknowledged before me on by
the of LAWYERS TITLE
OF ARIZONA, INC., an Arizona corporation, as Trustee under Trust No. 7844 -6 and Trust
No. 7805 --T only, and not in its corporate capacity.
(S
Notary Public
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AMENDMENT TO DO VE M OUNTAIN DEVELOPMENT AGREEMENTS/ M OO RE ROAD WATER M AINS RELOCATION
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