HomeMy WebLinkAboutResolution 2020-061 Authorizing Construction of the Adonis Rd, Approving 2nd Amendment to Villages of Tortolita & 1st Amendment to Mandarina MARANA RESOLUTION NO. 2020-061
RELATING TO CAPITAL IMPROVEMENT PROJECTS; AUTHORIZING SWIFT
TOWN CONSTRUCTION OF THE ADONIS ROAD IMPROVEMENTS; AND
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SECOND
AMENDMENT TO VILLAGES OF TORTOLITA DEVELOPMENT AGREEMENT AND
THE FIRST AMENDMENT TO MANDARINA MEDIATION AGREEMENT
WHEREAS, as swiftly as possible, the Town of Marana desires to construct the
Adonis Road Improvements, consisting of a two-lane paved public road from the
current eastern terminus of Grier Road pavement to Tangerine Road, to provide
secondary access for homes and properties located east of I-10 between Marana Road
and Tangerine Road; and
WHEREAS the Town anticipated that the Adonis Road Improvements would be
constructed by TMR Investors, LLC ("TMR"), the developer of The Villages of Tortolita
development project, pursuant to the "Villages of Tortolita Development Agreement,"
recorded in the Pima County Recorder's office on April 16, 2018 at Sequence
20181060069 and recorded in the Pinal County Recorder's office on April 17, 2018 at Fee
Number 2018-028230, as amended by the "First Amendment to Villages of Tortolita
Development Agreement," recorded in the Pima County Recorder's office on
November 18, 2019 at Sequence 20193220672 and recorded in the Pinal County
Recorder's office on December 9, 2019 at Fee Number 2019-104773 (together referred to
as the "Existing Villages of Tortolita Agreements"); and
WHEREAS intervening causes including unanticipated and expensive design
requirements to cross the Central Arizona Project (CAP) siphon and the Coronavirus
Disease 2019 (COVID-19) pandemic have resulted in the Adonis Road Improvements
not having been constructed by TMR as anticipated; and
WHEREAS the Town of Marana acquired a portion of the public right-of-way
needed for the Adonis Road Improvements pursuant to the "Mandarina Mediation
Agreement," entered into between Mandarina, LLC and the Town dated October 30,
2019; and
WHEREAS Town staff has negotiated a "Second Amendment to Villages of
Tortolita Development Agreement" and a "First Amendment to Mandarina Mediation
Agreement," which together will facilitate the Town's swift construction of the Adonis
Road Improvements and will make corresponding revisions as necessary to the Existing
Villages of Tortolita Agreements and the Mandarina Mediation Agreement; and
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Marana Resolution No.2020-061 - 1 - 5/21/2020 4:48 PM
WHEREAS the Marana Town Council finds that swift Town construction of the
Adonis Road Improvements and Town execution of the Second Amendment to Villages
of Tortolita Development Agreement and the First Amendment to Mandarina
Mediation Agreement are in the best interests of the Town and its citizens and should
be pursued and approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
SECTION 1. Town staff is directed, as swiftly as possible, to construct the Adonis
Road Improvements.
SECTION 2. The Second Amendment to Villages of Tortolita Development
Agreement is approved in the form provided in the agenda materials associated with
this Council agenda item, the Mayor is authorized to sign it, and Town staff is
authorized to carry out its terms.
SECTION 3. The First Amendment to Mandarina Mediation Agreement is
approved in the form provided in the agenda materials associated with this Council
agenda item, the Mayor is authorized to sign it, and Town staff is authorized to carry
out its terms.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 2nd day of June, 2020.
Mayor Ed Honea
ATTES : APPROV sf AS TO FORM:
AW 4100 z -
Cherry L. La' son, Town Clerk Fr. 1 Cass;dy; Town Att• ney
MARANA AZ
ESTABLISHED 1977
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