HomeMy WebLinkAboutResolution 2004-022 amendment to agreement with best associates II for construction of water facilities for saguaro springsMARANA RESOLUTION NO. 2004-22
RELATiNG TO WATER SERVICE; APPROVING AND AUTHORIZiNG THE EXECUTION
OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF MARANA AND
BEST ASSOCIATES I/, LLC, FOR CONSTRUCTION OF WATER FACILITIES AND
PROVISION OF WATER UTILITY SERVICE FOR SAGUARO SPRINGS.
WHEREAS, Best Associates II, LLC, intends to facilitate the development of that certain
property to be called Saguaro Springs, more specifically described within Exhibit "A", an
Agreement for Construction of Water Facilities and Provision of Water Utility Service between
the Town of Marana and Best Associates II, LLC, (the "Agreement"); and
WHEREAS, Best Associates II, LLC, desires to arrange for the provision of water service
to and within the property in connection with its development; and
WHEREAS, the Town of Marana is willing to provide water service to and within the
property in accordance with the Municipal Code of Marana and in accordance with the terms of
the Agreement; and
WHEREAS, Best Associates II, LLC, agrees to the construction of water facilities within
Saguaro Springs; and
WHEREAS, the Town of Marana agrees to provide water service to Saguaro Springs
development, pursuant to the terms and conditions of the Agreement; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement
are in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Agreement for Construction of Water Facilities and Provision of
Water Utility Service between the Town of Marana and Best Associates II, LLC, attached as
Exhibit A to and incorporated here by this reference, for construction of water facilities and
provisions for water utility service, is hereby authorized and approved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town
o f Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of April, 2004.
Mayor Bobby Sutton, Jr.
ATTEST:
lF0~6~lyn C~3rons~n, ~l~owh Cierff-
7,,E) AS TO FORM:
APPROV]
RSO 040406 Saguaro Springs Water Service.doc FJC3/29/04
2
When recorded mail to:
Pat P. Lopez III
Rusing & Lopez, P.L.L.C.
6262 North Swan Road, Suite 200
Tucson, Arizona 85718
Exhibit A
AMENDMENT TO
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
THIS AMENDMENT (the "Amendment") to the Agreement for Construction of
Water Facilities, between the TOWN OF MARANA, ARIZONA, an Arizona municipal
corporation, and BEST ASSOCIATES II, L.L.C., an Arizona limited liability company,
executed on February 12, 2001 and ~'ecorded on February 22, 2002, at Docket 11742, Page
2771 of the records of the Pima County, Arizona Recorder (the "Agreement"), is made by
and between the parties, as follows.
RECITALS
WHEREAS, the Agreement was scheduled to terminate as of February 12, 2004 (the
"Termination Date"; and
WHEREAS, the parties desire to extend the Termination Date of the Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual
covenants, conditions and agreements set forth below, the parties agree as follows:
1. Pursuant to the provisions contained in Article 6, Subparagraph 6.1 of the
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 Agreement,
for a period of three (3) years from the date of the Termination Date (the "Extension
Period"). The extended termination date shall be February 12, 2007 (the "Extended
Termination Date").
2. Notwithstanding contrary provisions in Subparagraph 6.1 of the Agreement,
reimbursements to Developer made pursuant to Subparagraph 3.4 of the Agreement, shall
continue to be made to Developer for connections made during the Extension Period.
3. Except as modified by this Amendment, all other terms of the Agreement shall
remain in full force and effect for the duration of the Extension Period.
DATED this day of ,2004.
TOWN OF MARANA, an Arizona
municipal corporation
BEST ASSOCIATES II, L.L.C., an
Arizona limited liability company
By: By:
Its: Its: Member
ATTEST:
By:
Town Clerk
APPROVED AS TO FORM:
By:
Frank Cassidy, Esq., Town Attorney
STATE OF ARIZONA
COUNTY OF PIMA )
Acknowledged
before me this day of ,
, as Member of BEST ASSOCIATES II, L.L.C.
2004 by
My Commission Expires:
Notary Public
STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
Acknowledged before me this day
, as
of , 2004
of the Town of Marana.
by
My Commission Expires:
Notary Public