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HomeMy WebLinkAboutResolution 2020-038 Approving 1st Amendment to agreement for construction of water facilities for Rancho Marana F.Reco ded ByIG , RECORDER I 111111111111101111111111111111010111101111111111111111111 : VMV DEPUTY RECORDER 441111 � SEQUENCE: 20201320063 S' 4998 .� z NO. PAGES: 4 SMA � �� 05/11/2020 TOWN OF MARANA 9:51:23 PICKUP `9*4W41' MARANA RESOLUTION NO. 2020-038 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE RANCHO MARANA 154 SUBDIVISION; DESIGNATING AS PROTECTED FACILITIES THE 16" POTABLE WATER MAIN AND THE OFFSITE NON-POTABLE WATER FACILITIES CONSTRUCTED BY MERITAGE HOMES OF ARIZONA; AND ADOPTING THE RANCHO MARANA WATER MAIN PROTECTED FACILITY CHARGE AND THE RANCHO MARANA NON-POTABLE WATER FACILITIES PROTECTED FACILITY CHARGE WHEREAS Meritage Homes of Arizona and the Town of Marana are parties to an "Agreement for Construction of Potable and Non-Potable Water Facilities and Provi- sion of Water Utility Service" dated January 18, 2005 and recorded in the office of the Pima County Recorder on June 10, 2005 at Docket 12571, Page 2724 (the "Original Agreement"); and WHEREAS representatives of Meritage Homes and the Town have negotiated an amendment to the Original Agreement, entitled "First Amendment to Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Rancho Marana 154 Subdivision" (the "Amendment"); and WHEREAS the Original Agreement provides for reimbursement of the oversiz- ing costs of a 16" water main constructed by Meritage Homes and referred to in the Amendment as the "Rancho Marana Water Main"; and WHEREAS Meritage Homes also constructed certain non-potable facilities re- ferred to in the Amendment as the "Rancho Marana Non-Potable Water Facilities"; and WHEREAS 2007 negotiations between the parties and others led to the Town of Marana's preparation of what is referred to in the Amendment as the "2007 Allocation Letter," which allocated among then-anticipated benefiting development projects the fair-share costs of the Rancho Marana Water Main and the Rancho Marana Non-Potable Water Facilities; and WHEREAS the 2007 Allocation Letter indicated that the Rancho Marana Non- Potable Water Facilities would be treated as "protected facilities" to ensure that Merit- age received a pro-rata contribution from Vanderbilt Farms development project, which 00069094.DOCX/4 Marana Resolution No.2020-038 - 1 - 4/14/2020 9:44 AM RF.eco ded ByIG , RECORDER of PI1�j IIII I I II I I III II�IIIIIIIIII II II II I I I IIIIIII DEPUTY RECORDER 4 ��� SEQUENCE: 20201320065 d 4998 % SMARA �� y NO. PAGES: 14 1° � 05/11/2020 TOWN OF MARANA PICKUP 'IZoNQ' 9:51:23 FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE TOWN OF MARANA Rancho Marana 154 Subdivision THIS AMENDMENT is entered into by and between the TOWN OF MARANA,an Arizona municipal corporation(the"Town"),and MERITAGE HOMES ARIZONA,INC.,an Arizona cor- poration formerly known as Monterey Homes of Arizona,Inc. (the"Developer").The Town and the Developer are sometimes referred to collectively as the"Parties," either of which is sometimes individually referred to as a"Party." RECITALS A. Developer(when known as Monterey Homes Arizona,Inc.) and U S Home Corpo- ration(collectively the"Original Owners") and the Town entered into an"Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service" dated January 18, 2005 and recorded in the office of the Pima County Recorder on June 10,2005 at Docket 12571,Page 2724 (the "Original Agreement"). B. The introductory paragraph of the Original Agreement states that it was "entered into as of the 18th day of January, 2005, and the Original Agreement was approved by Marana Resolution No. 2005-10, which was adopted on January 18, 2005. C. The Original Agreement was signed on behalf of the Original Owners on June 2, 2005, and was recorded on June 10, 2005. D. Paragraph 2.1(a)(ii) of the Original Agreement required the Original Owners to construct all of the following(all of which together are referred to as the"Rancho Marana Water Main"): 1. Extend the 16" water main on the east side of Ora Mae Ham Park with a 16" main to a then-existing 16" water main in Civic Center Loop Drive at Lon Adams Road. This work is referred to in this Amendment as "Category #1." 2. Extend the then-existing 16" water main from Civic Center Loop Drive at Bar- nett Road south to Clark Farms Drive, and then west on Clark Farms Drive to Sanda- rio Road. This work is referred to in this Amendment as "Category #2." 3. Extend the 16" water main from Sandario Road to the most westerly property boundary of the Rancho Marana Project. This work is referred to in this Amendment as "Category #3." 00062767.DOCX/8 1ST AMENDMENT TO RANCHO MARANA 154 WSA 4/10/2020 8:12 AM -1-