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Home My WebLink AboutResolution 2016-113 Approving First Amendment to Marana Cemetery DevelopmentMARANA RESOLUTION NO. 2016-113 RELATING '1`0 DEVELOPMENT APPROVING AND AUTHORIZING THE MAYOR TO -4 EXECU'11 - " A FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MAR-ANA AND MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C. WHEREAS the Town and Marana Mortuar & Cemeter Properties, L.L.C. (the "Owner/Developer") entered into the "Marana Cemeter Development A effective Januar 6, 2009 and WHEREAS the a provides that the Owner/Developer is re to contribute $366,818.00 toward the future construction of Tan Farms Road, and to date, the Owner/Developer has not made an pa to the Town for Tan Farms Road and WHEREAS the Town has not constructed Tan Farms Road and has no current plans to do so and WHEREAS the Ma and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the First Amendment to Marana Cemeter Development A attached to and incorporated b this reference in this resolution as Exhibit A is hereb approved, and the Ma is hereb 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 a PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this I 8th day of October, 2016. . N . RAA 7 ATTEST: P120 ocel C Town Clerk Ma Ed Honea APPROV A TO FORM: r Cas ,Yl'd Town A 0004913 2. DOCX / I Marana Resolution No. 2016-113 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT TOWN OF MARANA,, ARIZONA THis FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT (this "Amendment") mendm.ent ") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and MARANA MORTUARY & CEMETERY PROPERTIEs, L.L.C., an Arizona limited liability company (the ""Owner/ Developer"). The Town and the Owner/ Developer are sometimes collectively referred to as the "Parties," each is sometimes individually referred to as a " "Party." RECITALS A. The Town and the Owner/ Developer entered into the " "Marana Cemetery Devel- opment Agreement" effective January 6, 2009, and recorded in the office of the Recorder of Pinta County, Arizona, on January 15, 2009, at sequence 20090100097 (the "'Original Agreement"). B. The original Agreement provided that the Owner / Developer is required to con- tribute $366,818.00 toward the future construction of Tangerine Farms Road. The Own- er/ Developer has not made any payments to the Town for Tangerine Farms Road. C. The Town has not constructed Tangerine Farms Road and has no current plans to do so. 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 and in the Original Agreement, the Parties hereby agree as follows: L Tangerine Farms .load Fair -Share Construction Contribution. The original Agreement is hereby amended to delete paragraph 3.2 in its entirety, eliminating the Own- er /Developer's obligation to contribute toward the future construction of Tangerine Farms Road. 2. Improvement Dis trict. The Original Agreement is hereby amended to add new paragraph 3.7 as follows: 3.7 Improvement District If at any time the Town declares its intention to form an improvement district pursuant to Title 48, Chapter 4, Article 2 of the .Arizona Revised statutes (the "'statutory Authority'•) to finance construction of Tange- rine Farms Road, the owner/ Developer agrees not to protest the formation of the improvement district. The Owner/ Developers contribution to any such 00045308.DOC /3 FIRST AMENDMENT 'ro MARANA CEMEFERY DF;VELOPMENT AGREEMENT 8/5/16 JF - 1 - improvement district shall be limited to the Owner/ Developer's fair share as is normally calculated pursuant to the Statutory .Authority. Notwithstanding any statement to the contrary in paragraph 6.1 of this .Agreement, the Own- er/Developer's obligations pursuant to this paragraph. 3.7 shall survive termi- nation of this Agreement. 3. No Town Obligation. The Original Agreement is hereby amended to add new par- agraph 3.5 as follows: 3.5 No Town Obligation This .Article does not create an affirmative Town ob- ligation to construct Tangerine Farms Load. 4. Notice and .Filings. The Original Agreement is hereby amended to revise para- graph 6.28 by replacing the Owner/ Developer's notice information, as follows: If to the Owner/ Developer,: MAR.ANA MORTUARY & CEMETERY, L.L.C. c/o Ms. Chris D. Hodgson, Manager 2140 W. Moore Road Tucson, Az 55755 5. Effect. Capitalized words and phrases in this Amendment shall have the meanings set forth in the Original Agreement as modified by this Amendment, and the terms of the Original Agreement shall continue in full force and effect except as expressly modi- fied by this Amendment. 6. Term of this Amendment. This Amendment shall become effective upon its execu- tion by all of the Parties and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes as of the date of termination of the Original Agreement. 7. Recordation. As provided in paragraph 6.1.7 of the Original Agreement, the Own- er/Developer shall at its expense record this Amendment in the office of the Pima County Recorder within ten days of its execution by all Parties. 8. Miscellaneous. (A) 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. (B) This Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Amendment shall in any way relieve the assignor of its obliga- tions under this Amendment. (C) This Amendment is subject to A. R.S. § 38511, which provides for cancellay- tion of contracts in certain instances involving conflicts of interest. OW45308.DOC /3 FIRST AMENDMENT To M.ARA.NA CEMETERY DEVELOPMENT AcHEEMENT 8/5/16 JF -2- IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective si The "Town": TOWN OF MARANA,, an Arizona municipal corporation B Ed Hone e,% Ma r Date.- 0 ATTE ST: 10 Bronson, Clerk The "Owner/Developer": MARANA MORTUARY & CEMETERY,, L.L.C.,, an Arizona limited liabilit compan CHRIS D. HODGSON, its mana B Chris d4lod Date: � � %? � PAHLMEYER. L.L.C., an Arizona limited liabilit compan its mana By: � �7 Matthew Scott Stiteler, as trustee of the Matthew Scott Stiteler Revocable Trust, its member P Date:. �� // tc.� STATE OF ARIZONA ) So Count of The fore instrument was acknowled before me on 12,i2lK - b Chris D. Hod Mana of MARANA MORTUARY & CEMETERY, L.L.C., an Arizona limited liabilit compan on behalf of the L.L.C. (Seal) Adam Pina Not Public Notary Public i k Pima Count Arizona M Comm. Exp. 05*10-2020 OW45308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT 8/5/16 JF -3- APPROVED AS To FORM: STATE OF AFJZONA ss Count of ma., The fore instrument was acknowled before me on — q)P b Matthew Scott Stiteler, as trustee of the Matthew Scott Stiteler Revocable Trust, Member of Pahlme L.L.C., Mana of MARANA MORTUARY & CEMETERY, L.L.C., an Arizona limited liabilit compan on behalf of the L.L.C. ( Seal ) W 46 " 0 001 CHRIS HODGSON biota 6 Public Notary Public - Arizona Pima Count MY Comm. Expires Sep 20, 201171 00045308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEvELoPmEN-T AGREEMENT 8/5/16 JF -4-