HomeMy WebLinkAbout12/19/2006 Blue Sheet Gladden Farms II Development Agreement
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2.16. A new Paragraph 6.9 is added to read as follows:
6.9. Adiacent Clark Farms Boulevard Right-of-Way. The Town shall request
dedication of the remaining right-of-way for Clark Farms Boulevard from the
adjacent propertY owner.
2.17. Paragraph 8.2.1.1 of the Original Agreement is amended to read as follows:
8.2.1.1 Tangerine Farms Road. The Allocated Assessment of the Developer
for Tangerine Farms Road (see Paragraph 3 above), including the value of the
Tangerine Farms Road right-of-way as determined in the development impact fee
study supporting the establishment of the arterial roadway development impact
fee.
2.18. Paragraph 8.2.2 of the Original Agreement is amended to reflect the current arterial
roadway development impact fee of $6,238 per lot as adopted by Marana Ordinance
No. 2006.12.
2.19. Paragraph 8.2.3 of the Original Agreement is amended to reflect the current park
development impact fee of$3,028 per lot as adopted by Marana Ordinance No. 2006.12.
2.20. Paragraph 8.5.2.1 of the Original Agreement is amended to read as follows:
8.5.2.1 One potable water well and participation in the cost of one additional
"shared" water well; each capable of supplying peak daily demand; and
Article 3. General Terms and Conditions
3.1. Term. This Amendment shall become effective upon its execution by all the Parties and
the effective date of the resolution or action of the Town Council approving this Amendment
(the "Effective Date"). The term of this Amendment shall begin on the Effective Date and,
unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and
shall thereafter be void for all purposes upon termination of the Original Agreement pursuant to
paragraph 12.1 of the Original Agreement.
3.2. Effect on Original Agreement. Except as expressly modified in this Amendment, the
terms, provisions and obligations of the Original Agreement shall remain in full force and effect.
3.3. 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 such
counterparts and such signature pages all attached to a single instrument so that the signatures of
all Parties may be physically attached to a single document.
3.4. Recordation. The Town shall record this Amendment in its entirety in the office of the
Pima County Recorder no later than ten days after it has been executed by the T9wn and the
Developer.
3.5. Conflict of Interest. This Amendment is subject to A.R.S. S 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
Owner:
FCIM GLADDEN II, L.L.c., an Arizona
limited liability company
By: FOREST CITY LAND GROUP, INC., an
Ohio corporation, its Manager
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set
forth below their respective signatures.
Town:
THE TOWN OF MARANA, an Arizona
municipal corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Clerk
ApPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATEOFARIZONA)
County of Pima )
ss
By:
Dean Wingert, Senior Vice President
Date:
The foregoing instrument was acknowledged before me on this day of , 2006 by
Dean Wingert, Senior Vice President of FOREST CITY LAND GROUP, INC., an Ohio corporation,
Manager of FC/M GLADDEN II, L.L.C. an Arizona limited liability company, on behalf of the
LLC.
My commission expires:
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Notary Public
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EXHIBIT C
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Legend: