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Home My WebLink AboutResolution 2024-089 Approving and Authorizing the Mayor to Sign the Second Amendment to Twin Peaks Crossing Wheeling MARANA RESOLUTION NO. 2024-089 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SECOND 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 on December 19, 2023, the Town and the Developer executed the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract for Twin Peaks Crossings, recorded in the Pima County Recorder's Office on December 26, 2023, at Sequence No. 20233600144 (the "First Amendment"), by which the parties extended the sixty day deadline required under Subsection 3.3 of the Original Agreement to give the Developer more time to enter into a facilities construction agreement with the City of Tucson; and WHEREAS Section 3.2 of the Original Agreement provides that the agreement will terminate if more than one year has passed since the date of the agreement and the work to install the infrastructure has not begun; and WHEREAS the Developer has been engaged in efforts necessary to develop the subject property, but needs additional time to commence the infrastructure installation work; and WHEREAS the Town and the Developer now desire to amend the Original Agreement to retroactively extend the deadline for the developer to commence the infrastructure installation work; and WHEREAS the Mayor and Council find this resolution 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,AS FOLLOWS:the Second Amendment to Town - 1 - Resolution No.2024-089 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of October, 2024. d ‘)-11 -4--- Mayor Ed Honea ATTEST: APPROVED AS TO FORM: c_____ _2a______ .iiire - David L. Udall, Town Clerk J. e 'airall, Town Attorney A/ e• MARANA AZ ESTABLISHED 1977 -2- Resolution No.2024-089 20242780123 AAG Page: 1 of 4 10/04/2024 10:15:04 AM Gabriella Cazares-Kelly Recorder OFFICIAL RECORDS OF PIMA COUNTY, AZ ill I*,MIAIRI MIMIC k,iwwMiti00 M VAi W I11 1III SECOND AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Twin Peaks Crossings THIS SECOND AMENDMENT (this "Second Amendment") is entered into by and be- tween the TowN OF MARANA, an Arizona municipal corporation (the "Town"), and RED- WING INVESTMENTS, 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 Mara- na Agreement for Construction of Water Facilities Under Private Contract for Twin Peaks Crossings, recorded in the Pima County Recorder's Office on August 4, 2023, at Sequence No. 20232160222 (the"Original Agreement"). B. On December 19, 2023, the Town and the Developer executed the First Amendment to Town of Marana Agreement for Construction of Water Facilities Under Private Contract for Twin Peaks Crossings, recorded in the Pima County Recorder's Of- fice on December 26, 2023, at Sequence No. 20233600144 (the "First Amendment"), by which the Parties extended the sixty day deadline required under Subsection 3.3 of the Original Agreement to give the Developer more time to enter into a facilities construc- tion agreement with the City of Tucson. C. Subsection 3.2 of the Original Agreement provides that the Facility Plan will lapse and the agreement will terminate "if more than one year has passed since the date of this Agreement and the Work has not begun." D. The Developer has been engaged in efforts necessary to develop the property, but needs additional time to commence the Work pursuant to the terms of the Original Agreement. E. The Parties now desire to enter into this Second Amendment to retroactively extend the Work commencement deadline required by Subsection 3.2 in order to give the Developer more time to commence the Work. AGREEMENT Now,THEREFORE, in consideration of the foregoing premises and the mutual cove- nants set forth in this Second Amendment,the Parties hereby agree as follows: - I - 1. Termination. Section 3 of the Original Agreement is hereby amended as fol- lows (with deletions denoted with stfikeeuts and additions denoted with double under- lining): [No changes to 3.1.] 3.2. Termination for failure to commence or complete the Workafter one year. Ap- proval of the Facility Plan shall lapse and this Agreement shall terminate if mere than one year has passed since the date of this Agreement and the Work hasdoes not beguncommence by October 1, 2025, or if the Work is discontinued for a peri- od of one year; provided that, if the Developer or any assignee approved or deemed approved by the Town pursuant to Section 8.3 below reasonably shall re- quire to begin the Work or resume the Work after it had begun due to adverse market conditions or any delays due to strikes, acts of God, non-availability or shortages of labor or materials, local strikes, lockouts, inclement weather, war, governmental laws, regulations, restrictions, a moratorium on construction, delays in transportation, governmental delays in granting permits or approvals, unknown and unanticipated soil or other underground conditions, pandemics, measures taken by any governmental authority in response to the COVID-19 virus, the gov- ernment mandates closures of businesses due to public health concerns, including without limitation viruses, time to commence and complete a loan foreclosure of the Subject Property or any portion thereof or any other cause of any kind that is beyond the control of such party, Developer or such assignee shall be entitled to extend such one year period for such additional time as is reasonably necessary, but not to exceed one additional year, by written notice to the Town given before October 1,2025thc expiration of the initial one year period set forth above. [No changes to 3.3, as previously amended, or 3.4.] 2. Effective Date. This Second Amendment is retroactively effective beginning August 1,2024. 3. Other Terms and Provisions. All other terms and provisions of the Original Agreement, as previously amended, not specifically changed by this Second Amend- ment shall remain in effect and be binding upon the Parties as provided for in the Orig- inal Agreement. Capitalized words and phrases in this Second Amendment shall have the meanings set forth in the Original Agreement as modified by this Second Amend- ment. [Signature Page Follows.] -2- IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures. THE"TOWN": THE"DEVELOPER": THE TOWN OF MARANA,an Arizona REDWING INVESTMENTS,LLC,an Arizona lim- municipal corporation ited liability co any By: � D. Cardinal,Manager Charles Ed Honea, Mayor Date: (O(i 4 Date: ATTEST: By: (l Oa-4j 64, ..AJL .- Penny L. drdinal, Manager David L. Udall, Town Clerk Date: APPROVED AS TO FORM: Jan hall, own Attorney [Notary Page Follows.] -3 - STATE OF ARIZONA) ,�,� ss County of (tilk) The fore going instrument was acknowledged before me on this Z� day of 5t4 . 20Z, by Charles D. Cardinal, Manager of REDWING INVESTMENTS, LLC,an Arizona limited liability company,on behalf of the company. (Seal) ,1i;' 9 NotDAaryWNELPuNicL J-UERGENSENSta ff of Arizona PIMA COUNTY Commission#647207 Notary Public r Expires May 15,2027 STATE OF ARIZONA) SS County of(kr ) foregoing instrument was acknowledged before me on this 2� day of 201--tt by Penny L. Cardinal, Manager of REDWING INVESTMENTS, LLC,an Arizona limited liability company, on behalf of the company. DAWNELL JUERGENSEN (Seal) cal ;t : Notary PubNc-State of Arizona J , 1b l it)te „/"-- ��J PIMA COUNTY Commission#647207 Not Public Expires May 15,2027 -4-