HomeMy WebLinkAboutResolution 2007-015 third amendment to agreement to provide water service to saguaro springs
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
RES
12988
2795
1
20070270700
02/08/2007
16:38
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: C V
DEPUTY RECORDER
1016 PEl
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
MAIL
AMOUNT PAID
$ 8.00
MARANA RESOLUTION NO. 2007-15
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A THIRD AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE (SAGUARO
SPRINGS).
WHEREAS the original Saguaro Springs agreement addressed the construction of water
facilities and the provision of water utility service within the development and provided for a
February 12, 2004 termination date; and
WHEREAS the First Amendment to that agreement extended the termination date of the
original agreement to February 12, 2007; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interest of
the public to extend the termination date ofthe original agreement to February 12, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Third Amendment to Town of Marana Agreement
for Construction of Water Facilities and Provision of Water Utility Service (Saguaro Springs)
between the Town of Marana and the Developer, attached to and incorporated by this reference
in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and
directed to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th dayofFebru~: ',?0.07. C . ti . ".'
'A.~",1lI1fJ1', c.:::~ t}[ /.A!/
~' OF M.q'~ ..<; {;.
~~;",,'m,',,:<~ ~ May r Ed Honea
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celyn . Bronson, Town Clerk ~/'IHljU\\~\
ATTEST:
FJClcds 1/18/07
I
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
F. ANN RODRIGUEZ, RECORDER
RB~ORDED BY: C_V
DEPUTY RECORDER
1016 PEl
MAIL
AMOUNT PAID
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
AAG
12988
2796
4
20070270701
02/08/2007
16:38
$ 14.00
Exhibit A to Marana Resolution No. 2007-15, entitled THIRD
AMENDMENT TO TOWN OF MARANA AGREEMENT
FOR CONSTRUCTION OF WATER FACILITIES AND
PROVISION OF WATER UTILITY SERVICE (Saguaro
Springs), by and between the Town of Marana and FIRST
AMERICAN TITLE INSURANCE COMPANY, was recorded
separately on February 8,2007 at Docket /21,1./, Page 2;1~dr
in the Office of the Pima County Recorder.
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THIRD AMENDMENT TO TOWN OF MARANA AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES AND PROVISION OF
WATER UTILITY SERVICE (SAGUARO SPRINGS)
THIS THIRD AMENDMENT ("Third Amendment") to the Agreement for Construction of
Water Facilities is entered into by and between the TOWN OF MARANA, an Arizona municipal
corporation (the "Town"), FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, as Trustee under Trust No. 9089, ("FAT 9089"), and SAGUARO RESERVE LLC, a
Delaware limited liability company ("Saguaro Reserve"). F AT 9089 and Saguaro Reserve are
collectively referred to as the "Developer." The Town and the Developer are sometimes
collectively referred to as the "Parties" and individually referred to as a "Party."
RECITALS
A. The Town entered into a water service agreement with Best Associates II, L.L.C., an
Arizona limited liability company, dated February 12,2001, and recorded February 22, 2002, at
Docket 11742, page 2771, Pima County Recorder's Office (the "Original Agreement").
B. The Original Agreement addressed the construction of water facilities and the provision
of water utility service within the Saguaro Springs development, and provided for a February 12,
2004 termination date.
C. The Town and Best Associates II, L.L.c., entered into an amendment to the Original
Agreement dated April 1, 2004, and recorded on April 12, 2004, at Docket 12278, page 3151,
Pima County Recorder's Office (the "First Amendment").
D. The First Amendment extended the termination date of the Original Agreement to
February 12,2007.
E. The Developer has now acquired the interest of Best Associates II, L.L.C., in the Saguaro
Springs development which was the subject of the Original Agreement and the First
Amendment.
F. On February 15,2005, the Town annexed into the town limits approximately 22 acres of
land owned by the Developer on the north side of Twin Peaks Road and immediately west of the
Saguaro Springs development by the adoption of Marana Ordinance No. 2005.04.
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G. The Town and the Developer entered into a Second Amendment to the Original
Agreement dated March 21, 2006 and recorded March 24, 2006 at Docket 12768, page 1837,
Pima County Recorder's Office (the "Second Amendment").
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H. The Second Amendment extended the water service rights and obligations under the
Original Agreement to the 22 acres ofland annexed by Marana Ordinance No. 2005.04.
{00003877.00C / 2}
1/23/072:47 pm
1. The Parties now desire to extend the termination date of the Original Agreement as
amended by the First Amendment to conform to the currently anticipated construction schedule
for the Saguaro Springs project.
AGREEMENT
Now, THEREFORE, in consideration of the recitals set forth above and the mutual
covenants, conditions and agreements set forth in this Third Amendment, the Parties agree as
follows:
1. Pursuant to paragraph 6.1 of the Original Agreement, the Parties hereby extend the time
in which the Developer shall complete the water facilities and water system construction, as
described in paragraph 2 of the Original Agreement, for a period of two years from the date of
the termination date as extended by the First Amendment. This additional two-year period is
referred to as the "Additional Extension Period." The termination date shall now be February
12,2009 (the "Extended Termination Date").
2. Notwithstanding contrary provisions in paragraph 6.1 of the Original Agreement,
reimbursement to the Developer made pursuant to paragraph 3.4 of the Original Agreement shall
continue to be made to the Developer for connections made during the Additional Extension
Period.
3. Except as modified by this Third Amendment all of the terms of the Original Agreement
as amended by the First Amendment and Second Amendment shall remain in full force and
effect for the duration ofthe Additional Extension Period.
DATED this 6th day of February, 2007.
TOWN OF MARANA, an, Arizona municipal FIRST AMERICAN TITLE INSURANCE
corporation ., '1 I I. ~_______COMPANY, a California corporation, as
f!11"*YU2<:~ Trus e u.nder mrust o. 9089, and not
By . .' oth nhse . '. "
Ed Ho ea, Mayor By , - .' tOiUL-
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STATE OF ~VTZ:~ ) ss
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L e Jo ego.ng . strnJI~nt was aekI\owl~ before me on -;r-~lHtZJl4>,mbY
. .OCV1Q. ,---G0S-t-- 01:\1cQ-f of FIRST AMERICAN T@E IN'SURANCE
COMP , a California corporation, as Trustee under Trust No. 9089, an(not otherwis
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STAT F 8r\"Lo<1Q..) CY HIA STUMPF
. ss NOTARY PUBLIC.ARIZONA
County of\'\CY\Q.) PIMA COUNTY
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The foregoing instrument was acknow e ge De ore me on ":( by
~< t"m: f\'o'O-:k\ , the O\\J',;>~cN' ~('-'&;d~ of EMPIRE PARTNERS, INC.,
a Cali ornIa corporatIOn, managmg member of EMPIRE LAND, LLC, a CalIfornia lImIted lIabIlIty
company, managing member of SAGUARO RESERVE LLC, a Delaware limited liability company,
on behalf ofthe LLC.
My commission expires:
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Notary Public
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Christine Alonso
Notary Public. Arizona
Pima County
My Commission Expires
August 14, 2010
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_<__..~~~~.~_____~ __""_""r_~"."_~~___'_'_'__ __~_.."_____'_'__'____'. _______. _._.._..__._.,___.._n____
MARANA RESOLUTION NO. 2007-15
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A THIRD AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE (SAGUARO
SPRINGS).
WHEREAS the original Saguaro Springs agreement addressed the construction of water
facilities and the provision of water utility service within the development and provided for a
February 12, 2004 termination date; and
WHEREAS the First Amendment to that agreement extended the termination date of the
original agreement to February 12, 2007; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interest of
the public to extend the termination date of the original agreement to February 12, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Third Amendment to Town of Marana Agreement
for Construction of Water Facilities and Provision of Water Utility Service (Saguaro Springs)
between the Town of Marana and the Developer, attached to and incorporated by this reference
in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and
directed to execute it for and on behalf ofthe Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the aforementioned.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day ofFebru~ry; 2007. C " N ,','
~~,\'~Ull"fit /~ I /JL //....?/
~, OF M.~'~ ~ ,{:,
$'~~~~~\'~lmi''}'~~ May6r Ed Honea
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FJClcds l//8/07
THIRD AMENDMENT TO TOWN OF MARANA AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES AND PROVISION OF
WATER UTILITY SERVICE (SAGUARO SPRINGS)
THIS THIRD AMENDMENT ("Third Amendment") to the Agreement for Construction of
Water Facilities is entered into by and between the TOWN OF MARANA, an Arizona municipal
corporation (the "Town"), FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, as Trustee under Trust No. 9089, ("FAT 9089"), and SAGUARO RESERVE LLC, a
Delaware limited liability company ("Saguaro Reserve"). FAT 9089 and Saguaro Reserve are
collectively referred to as the "Developer." The Town and the Developer are sometimes
collectively referred to as the "Parties" and individually referred to as a "Party."
RECITALS
A. The Town entered into a water service agreement with Best Associates II, L.L.C., an
Arizona limited liability company, dated February 12,2001, and recorded February 22,2002, at
Docket 11742, page 2771, Pima County Recorder's Office (the "Original Agreement").
B. The Original Agreement addressed the construction of water facilities and the provision
of water utility service within the Saguaro Springs development, and provided for a February 12,
2004 termination date.
C. The Town and Best Associates II, L.L.c., entered into an amendment to the Original
Agreement dated April 1,2004, and recorded on April 12, 2004, at Docket 12278, page 3151,
Pima County Recorder's Office (the "First Amendment").
D. The First Amendment extended the termination date of the Original Agreement to
February 12,2007.
E. The Developer has now acquired the interest of Best Associates II, L.L.c., in the Saguaro
Springs development which was the subject of the Original Agreement and the First
Amendment.
F. On February 15,2005, the Town annexed into the town limits approximately 22 acres of
land owned by the Developer on the north side of Twin Peaks Road and immediately west of the
Saguaro Springs development by the adoption of Maran a Ordinance No. 2005.04.
G. The Town and the Developer entered into a Second Amendment to the Original
Agreement dated March 21, 2006 and recorded March 24, 2006 at Docket 12768, page 1837,
Pima County Recorder's Office (the "Second Amendment").
H. The Second Amendment extended the water service rights and obligations under the
Original Agreement to the 22 acres ofland annexed by Marana Ordinance No. 2005.04.
{00003877.DOC / 2}
1/23/07 2:47pm
1. The Parties now desire to extend the termination date of the Original Agreement as
amended by the First Amendment to conform to the currently anticipated construction schedule
for the Saguaro Springs project.
AGREEMENT
Now, THEREFORE, in consideration of the recitals set forth above and the mutual
covenants, conditions and agreements set forth in this Third Amendment, the Parties agree as
follows:
1. Pursuant to paragraph 6.1 of the Original Agreement, the Parties hereby extend the time
in which the Developer shall complete the water facilities and water system construction, as
described in paragraph 2 of the Original Agreement, for a period of two years from the date of
the termination date as extended by the First Amendment. This additional two-year period is
referred to as the "Additional Extension Period." The termination date shall now be February
12,2009 (the "Extended Termination Date").
2. Notwithstanding contrary provisions in paragraph 6.1 of the Original Agreement,
reimbursement to the Developer made pursuant to paragraph 3.4 of the Original Agreement shall
continue to be made to the Developer for connections made during the Additional Extension
Period.
3. Except as modified by this Third Amendment all of the terms of the Original Agreement
as amended by the First Amendment and Second Amendment shall remain in full force and
effect for the duration of the Additional Extension Period.
DATED this 6th day of February, 2007.
TOWN OF MARANA, an~ Arizona municipal FIRST AMERICAN TITLE INSURANCE
corporatiOTI8:.? fl.. .. ______COMPANY, a California corporation, as
L-/ / ~r/1~1? Cr~ Trus ~ under mrust . o. 90. 89, and not
By othr Ise " ~
Ed Ho ea, Mayor . I'" ,
By . t
ATTEST:
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[print Name & Title]
{00003877.DOC / 2}
- 2-
1/23/07 2:47pm
STATE OF -.l}-VTZC5t"\a ) ss
County of ~ m~ )
L e Jo ego'ng . strurp~nt was acknpwle~ before me on ~~l}-trlJ l.fpfmby
. CVIQ- ---rY\)~ o1{':;cQr of FIRST AMERICAN TrJ]E INSURANCE
COMP , a California corporation, as Trustee under Trust No. 9089, and_not otherwis .
My commission expires: U-~
)1 ~ ) ,( I 2'" 0 'CIAl SilOIry u lie
STAT F er"'l...om) CY HIA STUMPF
. ss NOT MY PUBLIC.ARIZONA
County of~\CY\a.) PIMA COUNTY
My Comm. Exp. Ma 14 010
The foregoing instrument was acknow e ge oetore me on ":( by
~< ~ 'R-O'o':k\ , the 0'\\J\c:>;cN\ P(e&;d~ of EMPIRE PARTNERS, INC.,
a Cali ornIa corporatIOn, managmg member of EMPIRE LAND, LLC, a CalIfornIa IInllted lIabIlIty
company, managing member of SAGUARO RESERVE LLC, a Delaware limited liability company,
on behalf ofthe LLC.
My commission expires:
e>~\~ .\(')
~
Notary Public
4.
4 .
: .
Christine Alonso
Notary Public - Arizona
Pima County
My Commission Expires
August 14, 2010
{00003877.DOC / 2} 3
1/23/072:47 pm