HomeMy WebLinkAboutResolution 2020-037 Approving 2nd Amendment to amended and restated agreement for Saguaro Bloom Development Project RecordedF. ANN
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MARANA RESOLUTION NO. 2020-037
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THE SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT
FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER
UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT
WHEREAS the Town of Marana and the then-developer of Saguaro Bloom
entered into an Amended and Restated Agreement for Construction of Water Facilities
and Provision of Water Utility Service for the Saguaro Bloom Development Project,
recorded June 29, 2012, at Sequence 20121810303, Pima County Recorder's office (the
"Restated WSA"); and
WHEREAS the Restated WSA was amended by the First Amendment to
Amended and Restated Agreement for Construction of Water Facilities and Provision of
Water Utility Service for the Saguaro Bloom Development Project recorded April 10,
2015, at Sequence 20151000319, Pima County Recorder's office (the "1st WSA
Amendment"); and
WHEREAS the Town of Marana and D.R. Horton, Inc., the current developer of
Saguaro Bloom, desire to further amend the Restated WSA as amended by the 1st WSA
Amendment to provide that, subject to compliance with all applicable requirements in
documents governing the Saguaro Springs Community Facilities District, the developer
may sell eligible public water infrastructure to the Saguaro Springs Community
Facilities District for the amount of the developer's actual costs for design and
construction of the public water infrastructure as determined by the Town Engineer;
and
WHEREAS the Mayor and Council find that the terms and conditions of the
amendment are in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the "Second Amendment to Amended and
Restated Agreement for Construction of Water Facilities and Provision of Water Utility
Service for the Saguaro Bloom Development Project" (the "2nd WSA Amendment")
included in the agenda materials accompanying this resolution is hereby approved and
the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of
Marana, and 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,
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SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY
SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT
Town of Marana,Arizona
THIS SECOND AMENDMENT TO AMENDED AND RESTA 11,D AGREEMENT FOR CONSTRUC-
TION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SA-
GUARO BLOOM DEVELOPMENT PROJECT(this "Second WSA Amendment") is entered into by
and between the TOWN OF MARANA,an Arizona municipal corporation (the "Town"), and
D.R. HORTON,INC.,a Delaware corporation(the"Developer").The Town and the Developer
are sometimes collectively referred to as the"Parties," each of which is sometimes individ-
ually referred to as a"Party."
RECITALS
A. Upon application by the Developer's predecessor in interest, the Marana Town
Council adopted Marana Resolution No. 2007-152 on September 4, 2007, forming the Sa-
guaro Springs Community Facilities District pursuant to Arizona Revised Statutes
(A.R.S.) Title 48, Chapter 4, Article 6 (A.R.S. §48-701 et seq.).
B. The Town and the Developer's predecessor in interest entered into an instrument
titled"AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND
PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT"
(the "Restated WSA"),recorded in the Pima County Recorder's office on June 29,2012 at
Sequence 20121810303.
C. Paragraph 5.5 ("Water Fees, Rates, and Credits") of the Restated WSA includes
subparagraph 5.5.2, which provides: "To the extent the Developer receives credits
[against the Town's Marana Water System Infrastructure Impact Fees], the Developer
shall not be entitled to reimbursement from the Saguaro Springs Community Facilities
District for the cost of the Developer-Installed Water Facilities."
D. The Town and the Developer's predecessor in interest entered into an instrument
titled "FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DE-
VELOPMENT PROJECT" (the "First WSA Amendment"), recorded in the Pima County Re-
corder's office on April 10, 2015 at Sequence 20151000319.
E. The rights and obligations under the Restated WSA as amended by the First WSA
Amendment were assigned and assumed by the Developer pursuant to the"ASSIGNMENT
AND ASSUMPTION OF AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER
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SECOND AMENDMENT TO RESTATED SAGUARO BLOOM WATER SERVICE AGREEMENT
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