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HomeMy WebLinkAboutResolution 2022-112 Approving and Authorizing the Mayor to Sign Agreements for Construction of Water and Sewer Facilities Southern Arizona Logisitics Center MARANA RESOLUTION NO. 2022-112 RELATING TO UTILITIES;APPROVING AND AUTHORIZING THE MAYOR TO SIGN AGREEMENTS FOR CONSTRUCTION OF WATER AND SEWER FACILITIES UNDER PRIVATE CONTRACT WITH SOUTHERN ARIZONA LOGISTICS CENTER, LLC WHEREAS Southern Arizona Logistics Center, LLC desires for the Town to provide water and sewer services to the land described and depicted as Block 2 in the Final Block Plat for Crossroads at Gladden Blocks 1 - 8, recorded in the office of the Recorder of Pima County, Arizona on December 10, 2021, at Sequence No. 20213440123; and WHEREAS Town staff has negotiated an Agreement for Construction of Water Facilities Under Private Contract and an Agreement for Construction of Sewer Facilities Under Private Contract with Southern Arizona Logistics Center, LLC (together, the "Facility Service Agreements"); and WHEREAS the Mayor and Council find that entering into these agreements is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Facility Service Agreements, substantially in the same form attached to and incorporated by this reference in this resolution as Exhibits A and B,are hereby approved,the Mayor is hereby authorized and directed to sign them 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 agreements. 1 00084360.DOCX/1 Resolution No.2022-112 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of November, 2022. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: ��• �/ David L. Udall, Town Clerk Janet, Town Attorney MARANA AZ ESTABLISHED 1977 2 00084360.DOCX/1 Resolution No.2022-112 00083841.DOCX /4 00083841.DOCX /11 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Southern Arizona Logistics Center Public Water Plan THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA an Arizona municipal corporation (the “Town”), and SOUTHERN ARIZONA LOGISTICS CENTER, LLC, a Delaware limited liability company (the “Developer”). The Town and the Developer are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A.This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (“Marana Town Code Title 14”). B.The Developer desires for the Town to provide water service to the land described in the Special Warranty Deed, recorded in the Pima County Recorder’s office on May 12, 2022 at Sequence 20221320504, whose land area is referred to in this Agreement as the “Subject Property.” C.The Developer is the owner of the “Subject Property.” D.As a condition of securing water service from the Town for the Subject Property, the Developer agrees to install those certain water infrastructure improvements (the “Developer - Installed Facility”) in accordance with the required plans, specifications, and materials as outlined and depicted in the Public Water Plan for Southern Arizona Logistics Center, Plan No. ENG2203-015, sealed by EPS Group on September 9, 2022, as revised and approved by the Town of Marana on October 4, 2022 (the “Facility Plan”), which is on file in the office of the Town of Marana Water Department. E.The Developer desires that the Town take ownership of, operate, and service the Developer-Installed Facility. F.The Town is willing to accept the Developer-Installed Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance with Town requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1.The Developer-Installed Facility 1.1. Developer installation of the Developer-Installed Facility. The Developer has designed and shall install, at the Developer’s own expense, the water infrastructure Exhibit A to Marana Resolution No. 2022-112 00083841.DOCX /4 00083841.DOCX /12 improvements as depicted in the Facility Plan. The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the “Developer-Installed Facility,” and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Town Code Title 14 and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan includes a plan note identifying the Developer-In-stalled Facility as a new water facility and shows any and all alterations to the existing water system. Construction and installation of the Developer-Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the “Work.” 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor’s license classifications required by the Arizona Registrar of Contractors, the contractor shall hold contractor’s license classifications A, A-12 and A-16. 1.3. Payment of connection fees. Before any service connections are made from the Town’s water system to the Developer-Installed Facility, the person or entity seeking the service connection shall pay to the Town the connection fees and any other fees required under Marana Town Code Title 14. 1.4. Anticipated cost per meter. The person or entity seeking installation of a meter from the Town shall pay all applicable fees and charges in effect at the time of the meter installation request. As of the effective date of this Agreement, the Town’s fees and charges to install a five-eighths-inch water meter on the Subject Property are: 1.4.1. Meter Install Fee: $360 1.4.2. Water Infrastructure Impact Fee: $2,331 1.4.3. Water Resource Development Impact Fee: $3,050 1.5. Developer-Installed Facility acceptance by Town. No service connections shall be made from the Town’s water system to the Developer-Installed Facility until the Developer- Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 14. 1.6. Developer’s certification. Execution of this Agreement certifies that the Developer has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agreement shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 2.Engineering and Inspection 2.1. Registered civil engineer. The Developer shall employ a Civil Engineer registered in the State of Arizona to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector’s authority. Any inspector authorized by the Town shall have Exhibit A to Marana Resolution No. 2022-112 00083841.DOCX /4 00083841.DOCX /13 full inspection authority over the Work. 2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the Developer or any contractor. 2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contractor reasonably requires the Town’s inspector to work overtime, the Developer or Developer’s contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3.Preconstruction Procedure 3.1. Request to begin construction. The Developer shall submit a written request to begin construction to the Town a minimum of five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regulations relating to the Work. 4.Construction 4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall be present at all times during performance of the Work. The name of the Developer’s designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 4.2. Competence and diligence. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Work, and the Developer agrees to perform diligently to complete the Work on or before the completion date given in the notice to proceed. Exhibit A to Marana Resolution No. 2022-112 00083841.DOCX /4 00083841.DOCX /14 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Developer shall, at Developer’s expense, make any and all alterations to the existing water system either on -site or off-site necessitated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Developer shall require all contractors and subcontractors performing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5.Dedication 5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final acceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims, charges or encumbrances. 5.2. Two-year warranty. The Developer (or its contractor) shall warrant the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town’s final acceptance of the Work. 5.3. Other conflicting construction prohibited. The Developer shall not construct or allow the construction of any utility, structure, building, or other improvement that would interfere with the operation or maintenance of the Developer-Installed Facility. 5.4. Developer’s obligation to maintain finished grade. The Developer agrees that all service lines, meters, and meter boxes on the Subject Property shall be to finished grade and that the Developer will remain responsible for raising or lowering said services as required until the Subject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Developer’s continuing obligations under this Agreement, the Town shall operate and service the Developer-Installed Facility after taking over possession of it under this paragraph. 6.Miscellaneous 6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of the Developer or any contractor, subcontractor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Developer-Installed Facility. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Exhibit A to Marana Resolution No. 2022-112 00083841.DOCX /4 00083841.DOCX /15 6.3. Consent required for assignment. The Developer may not assign this Agreement without the prior written consent of the Town, which consent shall not unreasonably be withheld. 6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38- 511, which provides for cancellation in certain instances involving conflict of interest. 6.5. Miscellaneous. This Agreement shall be governed by and construed under the laws of the State or Arizona without regard to its conflicts of law principles, may be signed in multiple counterparts with the same effect as if all signatories had executed the same instrument, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and undertakings with respect to the same, and may not be modified, amended, altered or supplemented other than by written instrument signed by all of the parties hereto. [Signature page follows.] Exhibit A to Marana Resolution No. 2022-112 00083841.DOCX /4 00083841.DOCX /16 IN WITNESS WHEREOF the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE “TOWN”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney THE “DEVELOPER”: SOUTHERN ARIZONA LOGISTICS CENTER LLC, a Delaware limited liability company By: SOUTHERN ARIZONA LOGISTICS CENTER MANAGER LLC Its: Manager By: Name: Hunter Harris Title: Manager Date: ____________________ STATE OF ___________ ) )ss County of ____________ ) The foregoing instrument was acknowledged before me on ___________________, 2022, by Hunter Harris, Manager of SOUTHERN ARIZONA LOGISTICS CENTER MANAGER, LLC, the Manager of SOUTHERN ARIZONA LOGISTICS CENTER, LLC, a Delaware limited liability company (the “Developer”), on its behalf. (Seal) Notary Public Exhibit A to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /11 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF SEWER FACILITIES UNDER PRIVATE CONTRACT Southern Arizona Logistics Center Public Sewer Plan THIS AGREEMENT (this “Agreement”) is entered into by and between the TOWN OF MARANA an Arizona municipal corporation (the “Town”), and SOUTHERN ARIZONA LOGISTICS CENTER, LLC, a Delaware limited liability company (the “Developer”). The Town and the Developer are sometimes collectively referred to as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A.This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (“Marana Town Code Title 14”). B.The Developer desires for the Town to provide sewer service to the land described in the Special Warranty Deed, recorded in the Pima County Recorder’s office on May 12, 2022 at Sequence 20221320504, whose land area is referred to in this Agreement as the “Subject Property.” C.The Developer is the owner of the “Subject Property.” D.As a condition of securing sewer service from the Town for the Subject Property, the Developer agrees to install those certain sewer infrastructure improvements (the “Developer - Installed Facility”) in accordance with the required plans, specifications, and materials as outlined and depicted in the Public Sewer Plan for Southern Arizona Logistics Center, Plan No. ENG2208-018, sealed by EPS Group on August 14, 2022 and approved by the Town of Marana on _____________________ (the “Facility Plan”), which is on file in the office of the Town of Marana Water Department. E.On April 2, 2019, the Marana Town Council adopted Resolution No. 2019-027, designating as a protected facility the gravity portion of the Tangerine/Downtown Conveyance System (Town of Marana Project No. WR010, referred to in this Agreement as the “T/D Gravity Sewer”) and requiring any land use with a sewer connection served by the T/D Gravity Sewer to pay a protected facility fee per single-family residence (or equivalent). F.The Developer desires that the Town take ownership of, operate, and service the Developer-Installed Facility. Exhibit B to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /12 G. The Town is willing to accept the Developer-Installed Facility and permit it to be connected to the Town sewer system provided it meets Town standards and the work is done in accordance with Town requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. The Developer-Installed Facility 1.1. Developer installation of the Developer-Installed Facility. The Developer has designed and shall install, at the Developer’s own expense, the sewer infrastructure improvements as depicted in the Facility Plan. The sewer infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the “Developer-Installed Facility,” and shall conform to the design standards of the Pima County Regional Wastewater Reclamation Department and the Town of Marana Town Code Title 14 and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan includes a plan note identifying the Developer-Installed Facility as a new sewer facility and shows any and all alterations to the existing sewer system. Construction and installation of the Developer-Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the “Work.” 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor’s license classifications required by the Arizona Registrar of Contractors, the contractor shall hold contractor’s license classifications A, A-12 and A-16. 1.3. Payment of connection fees. Before any service connections are made from the Town’s sewer system to the Developer-Installed Facility, the person or entity seeking the service connection shall pay to the Town the connection fees and any other fees required under Marana Town Code Title 14. 1.4. Offsite sewer. Each connection to the T/D Gravity Sewer shall be responsible for payment of the protected facility fee existing as of the time of the building permit for its fair - share portion of the Town’s cost to construct the T/D Gravity Sewer, payable upon application for a building permit for construction to be connected to the T/D Gravity Sewer. The protected facility fee is dependent on meter size. As of the date of this Agreement (and subject to amendment by the Marana Town Council), the protected facility fee for a five-eighths-inch meter is $519.67 per equivalent demand unit (EDU). 1.5. Development impact fees. The Developer shall be responsible to pay all applicable development impact fees including, but not limited to, the Wastewater Facilities Development Impact Fee. As of the effective date of this Agreement, the Town’s Wastewater Facilities Development Impact Fee (based on a five-eighths-inch water meter) is $3,930. Exhibit B to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /13 1.6. Developer-Installed Facility acceptance by Town. Service connections shall not be made to the Developer-Installed Facility, and the Developer-Installed Facility shall not be connected to the Town’s sewer system, until the Developer-Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 14. 1.7. Developer’s certification. Execution of this Agreement certifies that the Developer has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.8. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agreement shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 2. Engineering and Inspection 2.1. Registered civil engineer. The Developer shall employ a Civil Engineer registered in the State of Arizona to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector’s authority. Any inspector authorized by the Town shall have full inspection authority over the Work. 2.3. Inspection provisions. The Developer shall furnish the Town’s inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town’s inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by the Developer or any contractor. 2.4. Payment of Town inspector’s overtime cost. If scheduling by the Developer’s contractor reasonably requires the Town’s inspector to work overtime, the Developer or Developer’s contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Developer shall submit a written request to begin construction to the Town a minimum of five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. Exhibit B to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /14 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Developer shall, at Developer’s expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regulations relating to the Work. 4. Construction 4.1. Developer’s presence on site. The Developer, or Developer’s designated agent, shall be present at all times during performance of the Work. The name of the Developer’s designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 4.2. Competence and diligence. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Work, and the Developer agrees to perform diligently to complete the Work on or before the completion date given in the notice to proceed. 4.3. Alterations to the existing Town sewer system. The Developer shall, at Developer’s expense, make any and all alterations to the existing sewer system either on-site or off-site necessitated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.4. Worksite safety. The Developer shall require all contractors and subcontractors performing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Developer-Installed Facility to the Town. Upon the Town’s final acceptance of the Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer-Installed Facility free and clear of all liens, claims, charges or encumbrances. 5.2. Two-year warranty. The Developer (or its contractor) shall warrant the Work to be free from all failures due to poor workmanship or materials for a period of twoyears from the date of the Town’s final acceptance of the Work. Exhibit B to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /15 5.3. Other conflicting construction prohibited. The Developer shall not construct or allow the construction of any utility, structure, building, or other improvement that would interfere with the operation or maintenance of the Developer-Installed Facility. 5.4. Developer’s obligation to maintain finished grade. The Developer agrees that all service lines and other sewer facilities on the Subject Property shall be to finished grade and that the Developer will remain responsible for raising or lowering said services as required until the Subject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Developer’s continuing obligations under this Agreement, the Town shall operate and service the Developer-Installed Facility after taking over possession of it under this paragraph. 6. Miscellaneous 6.1. Indemnity. Developer shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of the Developer or any contractor, subcontractor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Developer-Installed Facility. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. 6.3. Consent required for assignment. The Developer may not assign this Agreement without the prior written consent of the Town, which consent shall not unreasonably be withheld. 6.4. Cancellation for conflict of interest. This Agreement is subject to A.R.S. § 38- 511, which provides for cancellation in certain instances involving conflict of interest. 6.5 Miscellaneous. This Agreement shall be governed by and construed under the laws of the State or Arizona without regard to its conflicts of law principles, may be signed in multiple counterparts with the same effect as if all signatories had executed the same instrument, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and undertakings with respect to the same, and may not be modified, amended, altered or supplemented other than by written instrument signed by all of the parties hereto. [Signature page follows.] Exhibit B to Marana Resolution No. 2022-112 00083840.DOCX /2 00083840.DOCX /16 IN WITNESS WHEREOF the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE “TOWN”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney THE “DEVELOPER”: SOUTHERN ARIZONA LOGISTICS CENTER LLC, a Delaware limited liability company By: SOUTHERN ARIZONA LOGISTICS CENTER MANAGER LLC Its: Manager By: Name: Hunter Harris Title: Manager Date: _____________________ STATE OF ___________ ) )ss County of ____________ ) The foregoing instrument was acknowledged before me on ___________________, 2022 by Hunter Harris, Manager of SOUTHERN ARIZONA LOGISTICS CENTER MANAGER, LLC, the Manager of SOUTHERN ARIZONA LOGISTICS CENTER, LLC, a Delaware limited liability company (the “Developer”), on its behalf. (Seal) Notary Public Exhibit B to Marana Resolution No. 2022-112