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HomeMy WebLinkAboutResolution 2023-017 Approving and Authorizing the Mayor to Sign a Public Improvement Participation Agreement with TKC Marana, LLC MARANA RESOLUTION NO. 2023-017 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT WITH TKC MARANA, LLC FOR THE CONSTRUCTION OF WATER IMPROVEMENTS AS PART OF THE TANGERINE ROAD WATER MAIN PROJECT WHEREAS the Town has entered into a design contract with Psomas, Inc. ("Psomas") for the design of the Tangerine Road widening project Phase 2A, Town of Marana Project No.ST098(the"Road Project"),and has selected Borderland Construction Company, Inc. ("Borderland") as the Construction Manager at Risk ("CMAR") for the Road Project; and WHEREAS as a part of the Road Project, the Town will also construct a water main, Town of Marana Project No. WT053 (the "Water Main Project") and Psomas and Borderland are the design professional and CMAR, respectively, for the Water Main Project as well; and WHEREAS TKC Marana, LLC ("TKC") owns approximately 15.8 acres of land located southeast of the Interstate 10 and Tangerine Road traffic interchange bearing Pima County Assessor's Parcel numbers 218-49-006D and 218-49-007D (the "Subject Property"); and WHEREAS TKC intends to construct a Maverik convenience store with fuel sales on the Subject Property, for which TKC needs certain water improvements (the "Water Improvements"); and WHEREAS Town staff has negotiated an agreement with TKC to assure payment of all costs associated with the construction of the Water Improvements as part of the Water Main Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the public improvement participation agreement for the construction of the Water Improvements as part of the Water Main Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the public improvement participation agreement with TKC Marana, LLC for the construction of the Water Improvements as part of the Water 00086372.DOCX/1 Resolution No.2023-017 - 1 - Main Project, in the form provided in the agenda materials associated with this Council agenda item,is hereby approved,and the Mayor is authorized to sign it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of February, 2023. ifA/e Mayor Ed Honea ATTEST: APPROVED AS TO FORM: 4 l." c r David L. Udall, Town Clerk Jan irall, Town Attorney 166k. MARANA AZ ESTABLISHED 1977 00086372.DOCX/1 Resolution No.2023-017 - 2-