HomeMy WebLinkAboutResolution 2003-028 first amendment to development agreement with new west materialsMARANA RESOLUTION NO. 2003-28
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING AND AUTHORIZING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF MARANA AND NEW WEST MATERIALS FOR AN EXTENSION
TO COMPLETE TRAIL IMPROVEMENTS TO THE SANTA CRUZ RIVER AND THE
FUTURE TANGERINE ROAD DEDICATION AND TRAIl. EASEMENT.
WHEREAS, pursuant to A.R.S. § 9-500.05, the Town is empowered to enter into
development agreements relating to property within the municipality and the Marana Town Council
has reviewed the First Amendment to the Development Agreement between the Town and New
West Materials, attached hereto as Exhibit "A", and incorporated herein by this reference; and
WHEREAS, it has been determined by the Marana Town Council that it would be in the best
interest of the Town to amend the original Development Agreement approved by the Town on
October 15, 2002, to extend the requirement to complete the Tangerine Road dedication to October
15, 2004, and to extend the requirement to complete the trail improvements adjacent to the Santa
Cruz River to October 15, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
Section 1. That the Development Agreement between the Town of Marana and New West
Materials approved by the Town Council on October 15, 2002, is amended as follows:
A. RECITAL H of the Development Agreement is deleted in its entirety and replaced with
the following language:
"H. Future Tangerine Road dedication, as approved by the Development Services
Administrator, will be completed by October 15, 2004, or this Agreement is null and
void."
B. Section 3.2 of the Agreement is deleted in its entirety and replaced with the following
language:
"3.2 Completion of Trail Improvements. New West shall complete all Trail
Improvements by October 15, 2005, or this Agreement is null and void."
Section 2. That the Mayor is hereby empowered and directed to execute the First Amendment to the
Development Agreement on behalf of the Town of Marana, attached hereto as Exhibit "A".
Marana Resolution No. 2003-28
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
1st day of April, 2003.
'" Mayor BC~BI~Y ~UTTON, JR.
ATTEST:
Town Clerk
AP.P~V D AS.p FORM:
e"Daniel J. Hochuli, as
Town Attorney and
not personally
Mamna Resolution No. 2003-28
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: ~
i JTY RECORDER
9394 PEl
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
FIRST AMENDMENT
TO
DOCKET: 12053
P~: 3944
Nl ~F PAGES: 3
SEQU~NCE: 20030960631
05/19/2003
AMEN 16:49
MAIL
AMOUNT PAID $ 8.00
DEVELOPMENT AGREEMENT
BETWEEN
THE TOWN OF MARANA
AND
NEW WEST MATERIALS
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First Amendment to
Development Agreement
Between
The Town of Maran a
And
New West Materials
This First Amendme~t to.Develop~nt Agreement Between th~!o~n of Marana
and New West Matenals IS made thIS .~ TIc day of ~ 2003, by and
between the TOWN OF MARANA, an Arizona municipal corporation (the "Town")
and NEW WEST MATERIALS ("New West").
That certain Development Agreement between Town and New West dated
October 15, 2002, and recorded in the Offices of the Pima County Recorder at Book
11923, Page 3538 through Page 3553 (the "Agreement"), is hereby amended as
follows:
1. RECITAL H of the Agreement is deleted in its entirety and replaced with
the following language:
H. Future Tangerine Road dedication, as approved by the Development
Services Administrator, will be completed by October 15, 2004, or this
Agreement is null and void.
2. Section 3.2 of the Agreement is deleted in its entirety and replaced with
the following language:
3.2 Completion of Trail Improvements. New West shall complete all
Trail Improvements by October 15, 2005, or this Agreement is null
and void.
All remaining provisions of the Agreement are hereby affirmed and ratified.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
- the date first written above.
~
~
TOWN OF MARANA
An Arizona munici al corporation
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By:
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ATTEST:
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Original 1 of 3
ATTEST:
By:
APPROVED AS TO FORM ~
By: ___ O)'1---? /'
/' Darnel J. Hochuli, Town Attorney
NEW WEST MATERIALS
if~~1Y~
By:
State of Arizona )
) ss.
County of Pima )
The foregoing document was sworn to and aclmowledged before me this Ii day of
tJpJe.1 L ,2003, by Dan McQuade, the Director of Operations of New West Materials.
~-. .
NotarYPubli~
My connnission expires:
NOTARY PUBLIC
~. .!(.,i -'~) County of Pima
'~ OIANE MANGIALARDI
.W '^PiJUlmment c::xplres 03-17-04
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