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HomeMy WebLinkAboutResolution 2023-130 Approving and Authorizing the Mayor to Sign the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract for Twin Peaks CrossingsMARANA RESOLUTION NO.2023-130 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR TWIN PEAKS CROSSINGS WHEREAS on August 2, 2023, the Town and Redwing Investments, LLC (the "Developer") executed the Town of Marana Agreement for Construction of Water Facilities Under Private Contract for Twin Peaks Crossings, as approved by the Marana Town Council on August 1, 2023 by Marana Resolution No. 2023-081 and recorded in the Pima County Recorder's Office on August 4, 2023, at Sequence No. 20232160222 (the "Original Agreement"); and WHEREAS among other things, the Original Agreement requires the Developer to enter into a separate facilities construction agreement with the City of Tucson within sixty days after the execution and delivery of the Original Agreement; and WHEREAS the Developer has been working with the City in good faith and is pursuing a facilities construction agreement, but the Developer has not yet entered into the agreement with the City; and WHEREAS the Developer estimates that the agreement with the City should be finalized by the Spring of 2024; and WHEREAS the Town and the Developer now desire to amend the Original Agreement to retroactively extend the sixty day deadline in order to give the Developer more time to enter into a facilities construction agreement with the City; and WHEREAS the Mayor and Council find that the terms and conditions of the amendment is in the best interests of the Town. 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 for Twin Peaks Crossings, 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 Towri 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. -1- Resolution No. 2023-130 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of December, 2023. ATTEST: � v David L. Udall, Town Clerk MAR, ESTABLISHE'-' Mayor Vd Honea APPROVED AS TO FORM: Jan 'rall, Town Attorney -2- Resolution No. 2023-130 Exhibit A to Marana Resolution No. 2023-130 FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Twin Peaks Crossings Tits FIRST AmEivDMENT (this "First Amendment") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and REDWING INvESTwmrs, LLC, an Arizona 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. On August 2, 2023, the Town and the Developer executed the Town of Marana Agree- ment for Construction of Water Facilities Under Private Contract for Twin Peaks Crossings, rec- orded in the Pima County Recorder's Office on August 4, 2023, at Sequence No. 20232160222 (the "Original Agreement"). B. Among other things, Subsection 3.3 of the Original Agreement requires the Developer to enter into a separate facilities construction agreement with the City of Tucson within sixty days after the execution and delivery of the Original Agreement. C. The Developer has been working with the City in good faith and is pursuing a facilities construction agreement, but the Developer has not yet entered into the agreement with the City. D. The Developer estimates that the agreement with the City should be finalized by the Spring of 2024. E. The Parties now desire to enter into this First Amendment to retroactively extend the sixty day deadline required by Subsection 3.3 of the Original Agreement in order to give the De- veloper more time to enter into a facilities construction agreement with the City. AGREEMENT Now, TIIEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this First Amendment, the Parties hereby agree as follows: 1. Termination. Section 3 of the Original Agreement is hereby retroactively amended as follows (with deletions denoted with s#ikeetAs and additions denoted with double underlining): [No changes to 3.1 or 3.2.] 3.3. City of Tucson Agreement Contingency. The rights and obligations of the Parties under this Agreement are contingent upon Developer entering into a separate facilities construction agreement with the City of Tucson and, if such separate agreement is not entered into between 00079402.DOCX/11 - 1 - Exhibit A to Marana Resolution No. 2023-130 Developer and the City of Tucson by May 31, 2024 this Agreement shall terminate. [No changes to 3.4.] 2. Effective Date. This First Amendment is retroactively effective beginning September 1, 2023. 3.Other Terms and Provisions. All other terms and provisions of the Original Agreement not specifically changed by this First Amendment shall remain in effect and be binding upon the Parties as provided for in the Original Agreement. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last date set forth below their respective signatures. THE "TOWN": THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: THE "DEVELOPER": REDWING INVESTMENTS, LLC, an Arizona lim- ited liab' ' omp B . arles D. ar final, Manager Date: ) -z / � ' Z -, By; A",Z .��— P nny L. dinal, Manager David L. Udall, Town Clerk Date: /1 APPROVED AS TO FORM: Jane Fairall, Town Attorney [Notary Page Follows.] 00079402.DOCX /11 - 2 - Exhibit A to Marana Resolution No. 2023-130 STATE OF ARIZONA ) ss County of Pima ) e fore o' g ent was acknowledged by Charles D. Cardinal, Arizona iindec liability company, on behalf of the/ ROBYNANDERSON r7 Notary Public • Stale of Arizona PIMA COUNTY Commission # 635911 Expires August 23, 2026 STATE OF ARIZONA ) ss County of Pima ) e fore o' g ins nt was acknowledged 20 by Penny L. Cardinal, ] Arizona invited llability company, on behalf of the,/ ROBYN ANDERSON Notary Public -State of Arizona y +�' PIMA COUNTY Commission # 635911 Expires August 23, 2026 before e o this(0 day of [ er D G INVESTMENTS, LLC, an Notary me otary this day of 3 INVESTMENTS, LLC, an 00079402.DOCX /11 - 3 -