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Home My WebLink AboutRes 1998-47RESOLUTION 1998-47 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,RESCINDING AN AGREEMENT BETWEEN THE TOWN AND MCO PROPERTIES DATED JANUARY 29,1993 FOR PARTICIPATION IN THE CONSTRUCTION OF OFF-SITE IMPROVEMENTS FOR A PORTION OF SAGUARO BOULEVARD WHEREAS,TheTownofFountainHillsenteredintoanagreementforparticipationinthe construction of off-site improvements fora portion of Saguaro Boulevard with MCO Properties on January 23,1993;and WHEREAS,TheTownCouncil approved a preliminary platforthe Firerock CountryClub whichdoesnot utilize the roadway alignment contemplated bythe agreement of April 2,1998;and WHEREAS,The Fountain HillsTown Council,on September 3,1998,votedtoabandonthe portion ofthe Saguaro Boulevard right-of-way upon which such improvements were to be constructed. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS AS FOLLOWS: Section1.Thatthe Agreement for Participation in Construction of Off-site Improvements for Saguaro Boulevard dated January 23,1993,between the Town of Fountain Hills and MCO Properties,Inc.is hereby rescinded. PASSED AND ADOPTED this 2>rcL day of September,1998. ATTEST: LjlMa^aJQ /Jjuvui^, Cassie B.Hansen,Town Clerk REVIEWED BY: .,'/ttd" 1/Paul/fc.Nordin,Town Manager RESOLUTION I998.doc TOWN OF FOUNTAIN HILLS Sharon Morgan,Mayor APPROVED AS TO FORM: William E.Farrell,Town Attorney r-—n <9 --J Of(pass)fail -.•~J»:Xo MOTION irLJ^iig^i&JmxV SECOND Js>.Pt,fif&~.— COUNT *V-0 ~~— ^liaStgwir •5\! N^w^^r TO BE RESCINDED WHEN HfiflWAoMM.ftfti 16836 E.Palisades Blvd. P.0.80X17958 «,.,»... Fountain H*.AZ 85269 harVcVpV^AVVAoVdir l^\y-HELEN PURCELU 93-0057016 01/29/93 03:21 «JI IM )9>It AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION OF OFF-SITE IMPROVEMENTS FOR SAGUARO BOULEVARD This agreement made and entered into thisc2Z_day of yj£^/^vy,1993.by and between the Town of Fountain Hills,a municipal corporation of theState of Arizona hereinafter known as "Town"and MCO Properties,Inc.,an Arizona corporation hereinafter known as "MCO". 1.MCO isthe owner of certainrealproperty contained withinand described asPlat 414 of Fountain Hills. .2.That MCO obtained from the Town Council of theTown permission to rcptor :i pm*ion of subdivision 414andrenamethisportionas Plat 415 of the Town of FountainHills. 3.That aportionof the propertycontainedinPlat415wasadedication of what may eventuallybecometheextensionof Sagui ro Boulevard byMCOtotheTown. 4.That when the area tothenorthandthe east of Plat415fora distance of 620 feetin any direction adjacenttoSaguaroBoulevard,develops itwill become necessarytobridge Saguaro Boulevard asit crosses anarea presently known asLoganWash. 5.Thatpartiesheretoagreeandunderstandthatasacondition of the replacing aportion of Plat 414 toPlat 415,MCOagreesthatitwillbecomeobligatedtocontributetothe Town aportion of theoverallcosts of the development andimprovement of a bridge and pavement overLoganWash withinthe right-of-way area of SaguaroBoulevard,as of thisdate already dedicatedto the Town. C TOBE RESCINDED 93 0570^6 6.The parties furtheragreeandunderstandthat the amount of right-of-way previously dedicatedtothe Town byMCOrepresentsthatportion of Saguaro Boulevard within Plat 415 that afuture contribution of cost sha'l apply to. 7.At thetimethat substantial development occurs with inthe 620 feet of the alignment of Saguaro BoulevarddescribedinNumber4ofthisagreement,die Town will constructtheimprovements required bythelawstheninexistence of the Town,thecountyand the state. 8.MCOagreesthattheywillberesponsibletopaythe Town aportion of theactual construction costsoftheimprovementsasdeterminedbypublic competitive biddingwithin60 daysaftertheawardofaconstructioncontractbytheTown.Thisamountshall be consistent with Paragraph 6 of this Agreement. 9.Town andMCOagreeandunderstandthatthe contribution expressed hereinshall applyto only thosecostsincurredbythe Town asaresult of public competitive bidding andthat those costs typically would bethearchitectorengineer'sfeefortheplansfor the construction of the improvement andthe contractor's chargeforthe construction accordingto the approved plans.The amount ofcontributionshallnotapplytoanyincidental costs or indirect labor costs incurredbyTownemployeesinconnectionwiththeengineeringor architect's plansand construction contract. 10.The parties understandandagreethatMCOmayassignits obligations underthis agreement;however,anyassignment thereof mustbeapprovedbythe Town andthe Town pledgesthatsuch approval oftheassignmentwillnotbe unreasonably delayedorwithheld. 11.The panics furtheragreeandunderstandthatthis agreement can be modified or alteredand if permissible bylawatthe time that the actual improvements are contemplated by the Town may be substituted byan agreement which would allow MCO orits assigns tobe -2- \tg^jp»/' \mig^ti/ Xw&^i^M-*^ 93 0570\6 responsiblefortheactual construction of the improvements pursuanttoplansand specifications approvedbythe Town. 12.The partiesagreethat if foranyreasonMCOfailstomakethe payment called for herein within 60days of written notification of payment duethatsuch event shall be considered adefaultunderthisagreementandthatMCOshallhaveanaddidonal30days after receiptof notice of default to cure without further penalty or obligation.Should MCO fail to cure,such failureshallbe considered a material breach of this agreement and the Town is free to exercise anyand all rightsand remedies available in equity orinlaw. 13.The partiesfurther agree and understand that if aninthe event cither party tothis agreement seeks anylegal remedy in equity orlaw resulting fromthis agreement thatthe prevailingpartyshallbe entided toin addition toanyawardmadebythecourt its reasonable attorney'sfeesandcostincludingcourtcosts incurred asaresultoftheiraction if they are successful. 14.This agreement contains theentire understanding of the parties and any amendmentsoraddendatheretoshallbeinwritingandsignedwiththe same formality of this agreement DONE THIS DAY AND DATE FIRST ABOVE WRITTEN. TOWN OF FOUNTAIN HILLS -3- mm TO BE RESCINDED c ATTEST: OmJLLjlI JO.LJj^aAa^> Cassie B.Hansen,Town Clerk APPROVED AS TO FORM: VLiJ&LM illiam E.Farrell,Town Attorney STATE OF 6^ty;^^) ))ss. TOBE RESCINDED 93 0570\6 MCO j^CPHTHES,INC. Title APerson Authorized by the Corporation to enter into this Agreement Subscribed and sworn to before me this by a person known that he was an officer of MCO and authorized to bind tometobe ././&i>S- Jj9Uto}f of i^j^^y 19^1993 My Commission Expires: 9-T .4. (L I rlcK-x^i who avowed the corporation. Notary Public WU**-/ul****