HomeMy WebLinkAboutResolution 2014-091 Thornydale Road IGA ExtensionMARANA RESOLUTION NO. 2014-091
RELATIN-G TO PUBLIC WORKS APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE
DESIGN AND CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS
{THORNYDALE ROAD, CAMINO DEL NORTE TO MOORE ROAD)
WHEREAS an inter a between the Cit of Tucson and the Town
of Marana for cooperative desi and construction of water and roadwa improvements
( Thorn y dale Road, Camino del Norte to Moore Road) was approved b Marana Resolution
No. 2012-092, adopted on November 20, 2012 and
WHEREAS the a called for the project to be substantiall completed no later
than Jul 31, 2014 and
WHEREAS the project is not y et completed and will re additional time and
WHEREAS the Ma and Council of the Town of Marana find that the best interests of
Marana and its citizens are served b amendin this inter a
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the first amendment to inter a between the
Cit of Tucson and the Town of Marana for cooperative desi and construction of water and
roadwa improvements ( Thorn y dale Road, Camino del Norte to Moore Road) attached to this
resolution as Exhibit A is hereb approved, and the Ma is authorized to execute it for and on
behalf of the Town of 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 inter a as amended.
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 7"' da of October, 2014.
9 MARANA 7
ATTEST:
�UK
,,I'Joe'el C. r'onson, Town Clerk
f 0003 9717. DOCX /)
Resolution No. 2014-091
Ma Ed Honea
APPROVED AS TO FORM:
r /k Town Att
�di Cas�(d o 'yKey
9/25/2014 1 1.41 AM FJC
FIRST AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE
TOWN OF MARANA FOR COOPERATIVE DESIGN AND
CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS
(THORNYDALE ROAD, CAMINO DEL NO RTE TO
MOORE ROAD)
THis AMENDMENT is entered into by and between the CITY OF TUCSON, an Arizona
municipal corporation (the "City ") and the TOWN of MARANA, an Arizona municipal corporation
(the "Town "). The City and the Town are sometimes collectively referred to as the "Parties,"
either one of which is sometimes individually referred to as a "Party."
RECITALS
A. The Parties entered into an "Intergovernmental Agreement Between the City of Tucson
and the Town of Marana for Cooperative Design and Construction of water and
Roadway Improvements (Thornydale Road, Camino Del Norte to Moore Road) ",
recorded in the office of the Recorder of Pima County, Arizona, on January 18, 2013 at
Sequence No. 20130180983 (the "original IGA ").
B. Paragraph 8 of the original IGA called for the Project to be substantially completed no
later than July 31, 2014.
C. The Project will require additional time.
AGREEMENT
Now, THEREFORE, based on the foregoing recitals, which are incorporated by reference
here, and in consideration of the matters and things set forth in this Amendment, the Parties
hereby agree as follows:
1. Construction start, duration, and substantial completion. Paragraph 8 of the
Original IGA is hereby amended to state that the Project shall be substantially completed no later
than July 31, 2015.
2. Continuation of remaining terms. Except as amended by this Amendment, the terms
of the original IGA shall remain in place.
3. 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
counterpart and attached to a single instrument.
(00039577.DOCX I) - 1 - 9/2512014 9:17 AM FJC
4. Effective date term. This Amendment shall become effective upon filin a full
executed ori with the office of the Pima Count Recorder and shall continue in effect until
all improvements constructed pursuant to this A are completed, all eli
reimbursement pa to the Cit are made, and all warranties applicable to the Project have
expired.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last si
date below.
TOWN OF MARANA,
an Arizona municipal orporation
B
Ed Ho n Va, Ma
Date:
ATTEST:
Lam I
T�wn erk
CITY OF TUCSON,
an Arizona municipal corporation
B
Date:
Jonathan Rothschild, Ma
ATTEST:
Cit Clerk
ATTORNEY CERTIFICATION
The undersi attorne for the Cit of Tucson and the Town of Marana have determined,
each as to their respective client onl that this inter a amendment is in
proper form and is within the powers and authorit g ranted under Arizona law to the Cit of
Tucson and the Town of Marana.
Cit Attorne
100039577.DOCX 11 - 2 - 912512014 9:17 AM FJC
TOWN OF MARANA
TOWN CLERK'S OFFICE
October 13, 2014
Mr. Roger Randolph, City Clerk
City of Tucson Clerk's office
City Hall
255 W. Alameda
Tucson, AZ 85701
Dear Mr. Randolph:
Please find enclosed two original documents needing signatures -- First Amendment to
Intergovernmental Agreement between the City of Tucson and the Town of Marana for
cooperative design and construction of water and roadway improvements (Thornydale Road,
Camino Del Norte to Moore Road). After obtaining the required signatures, please send me an
original for our file.
Chris Avery in the City Attorney's office has been working on this and should be able to assist if
you have questions.
Thank you,
S uza e Sutherland
Assistant to the Town Clerk
11555 W. Civic Center Drive
Marana, AZ 85653
520- 383 --1961
11555 W. CIVIC CENTER DRIVE N MARANA, ARIZONA 85653 -7006 0 PH: (524) 382 -1999 N FAX: (524) 382 -1998 N TTY: (520) 382 -3499