HomeMy WebLinkAboutResolution 2020-134 Approving the 5th Amendment to the Gladden Farms II DA MARANA RESOLUTION NO. 2020-134
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE FIFTH AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT
AGREEMENT
WHEREAS GLADDEN PHASE II,LLC and GLADDEN PHASE II DEV,LLC (collectively
the "Developers") are the current master developers of the Gladden Farms II
development project; and
WHEREAS the Town and the Developers' predecessor in interest entered into the
Gladden Farms II Development Agreement recorded in the Pima County Recorder's
office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the
"Original Agreement"); and
WHEREAS the Town and the Developers' predecessor in interest entered into the
First Amendment to the Gladden Farms II Development Agreement recorded in the Pima
County Recorder's office on December 21, 2006, at Docket 12956, Page 1633 (Sequence
20062450467) (the "GFII DA 1st Amendment"), amending the Original Agreement; and
WHEREAS the Town and the Developers entered into the Second Amendment to
the Gladden Farms II Development Agreement recorded in the Pima County Recorder's
office on August 8, 2018, at Sequence 20182200093 (the "GFII DA 2nd Amendment"),
further amending the Original Agreement and the GFII DA 1st Amendment; and
WHEREAS the Town and the Developers entered into the Third Amendment to
the Gladden Farms II Development Agreement recorded in the Pima County Recorder's
office on October 19, 2018, at Sequence 20182920055 (the "GFII DA 3rd Amendment"),
further amending the Original Agreement,the GFII DA 1st Amendment,and the GFII DA
2nd Amendment; and
WHEREAS the Town and the Developers entered into the Fourth Amendment to
the Gladden Farms II Development Agreement recorded in the Pima County Recorder's
office on December 20, 2019, at Sequence 20193540148 (the "GFII DA 4th Amendment"),
further amending the Original Agreement, the GFII DA 1st Amendment, the GFII DA
2nd Amendment, and the GFII DA 3rd Amendment; and
WHEREAS the GFII DA 2nd Amendment as amended by the GFII DA 3rd
Amendment secures the construction of certain Public Park Improvements with
restrictions on the issuance of residential building permits; and
Resolution No.2020-134 - 1 - 11/30/20
WHEREAS the GFII DA 4th Amendment permitted the Developers to post a
Performance Bond payable to the Town of Marana to secure construction of the Public
Park Improvements, in place of withholding permits; and
WHEREAS the GFII DA 4th Amendment memorialized the administration of
credits against the Town's Parks and Recreation Facilities Development Impact Fee
associated with the construction of the Public Park Improvements; and
WHEREAS the Town and the Developers now desire to allow for the Developer
to replace the Performance Bond with substitute forms of security acceptable to the Town
for the Public Park Improvements; and
WHEREAS the Mayor and Council find that entering into the Fifth Amendment
to the Gladden Farms II Development Agreement is 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 Fifth Amendment to the Gladden
Farms II Development Agreement between the Town of Marana and the Developers in
substantially the form included with the agenda backup material accompanying this
resolution is hereby approved, 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 its terms, obligations, and objectives.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of December, 2020.
Mayor Ed Honea
ATTEjAp APPROVED AS TO FORM:
herry L. awson, Town Clerk Jane • all, Town Attorney
MARANA AZ
ESTABLISHED 1977
Resolution No. 2020-134 -2- 11/30/20