HomeMy WebLinkAboutResolution 2022-024 Approving and Authorizing the Mayor to Sign First Amendment to Agreement Between Town of Marana and Mandarina Holdings, LLCMARANA RESOLUTION NO. 2022-024
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THE FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT
BETWEEN THE TOWN AND MANDARINA HOLDINGS, LLC
WHEREAS on February 2, 2021, the Marana Town Council adopted Resolution
No. 2021-011, approving and authorizing the Mayor to sign Town of Marana
Agreement for Construction of Water Facilities Under Private Contract, recorded in
the Office of the Pima County Recorder on February 5, 2021 at Sequence No.
20210360145 (the Original Agreement); and
WHEREAS pursuant to the Original Agreement, Mandarina Holdings, LLC
(the Developer) is required to construct certain water infrastructure improvements in
accordance with the required plans, specifications, and materials outlined in the
Water Plan for Mandarina Offsite Public 16" Water (the Facility Plan); and
WHEREAS the Developer has experienced technical difficulties in its efforts to
complete the construction work and, as a result, has requested a modification to the
Town of Marana Water Department's engineering standards and to the Facility Plan;
and
WHEREAS the Town is willing to allow for the requested modification in
exchange for an extension of the warranty guaranteeing the construction work; and
WHEREAS the amendment to the Original Agreement that is the subject of
this resolution amends the Original Agreement to include the requested modification
in the definition of "Facility Plan" (as defined in the Original Agreement) and extends
the warranty guaranteeing the construction work from one year to two years; and
WHEREAS the Mayor and Council of the Town of Marana find that this
resolution is in the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the First Amendment to Town of Marana
Agreement for Construction of Water Facilities Under Private Contract, substantially in
the same form attached to and incorporated by this reference in this resolution as Exhibit
A, 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 the
terms, obligations, and objectives of the agreement.
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Resolution No. 2022-024
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of March, 2022.
Mayor Ed Honea
ATTEST: APPROV AS TO FORM:
CKefrr-y-L a son, Town Clerk jarrez/Fairall, Town Attorney
/i
MARANA A
ESTABLISHED 1977
00079809.DOCX /1
Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Amendment, the terms, provisions, and obligations of the Original Agreement shall
remain unchanged and in full force and effect.
4. Counterparts. This First Amendment may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. The signature pages from one or more
counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signatures of all Parties may be physically
attached to a single document.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the last date set forth below their respective signatures.
THE"TOWN": THE"DEVELOPER":
THE TOWN OF MARANA, an Arizona MANDARINA HOLDINGS,LLC,an Arizona
munic(orp limited liability company
By:
Ed Honea, Mayor By: KDL INVESTMENTS, LLC, an Arizona
Date: ,-S//&12-.2-7-- limited liability company, Member
ATT�� BY
Karl N. Huish, Manager
Cherry L a son, Town Clerk Date:
APPRO I AS TO FORM:
_ ..%(0.Pr
J• .'airall, Town Attorney
STATE OF ARIZONA )
)ss
County of Maricopa )
The foregoing instrument was acknowledged before me on this day of
, 2022 by Karl N. Huish, Manager of KDL INVESTMENTS, LLC,
an Arizona limited liability company,sole Member of MANDARINA HOLDINGS,LLC,an
Arizona limited liability company, on behalf of MANDARINA HOLDINGS,LLC.
(Seal)
Notary Public
00079804.DOCX/2 3
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024
Exhibit A to Resolution No. 2022-024