Addendum to 2nd Amendment to Water Facilities PSA v3.3.pdf

ADDENDUM TO  
SECOND AMENDMENT TO 
BID SUBMISSION AND REAL PROPERTY PURCHASE AGREEMENT 
 
This Addendum to Second Amendment to Bid Submission and Real Property Purchase 
Agreement (this “Addendum”) is entered into and shall be deemed effective as of the Addendum 
Effective Date (as defined below), by and between THE CITY OF BUCKEYE, ARIZONA, an 
Arizona municipal corporation (“Seller”), and MATTAMY ARIZONA, LLC, an Arizona 
limited liability company (“Purchaser”).   
RECITALS 
A. 
Seller and Purchaser (as successor to and assignee of Jen Arizona 36, LLC) are 
parties to that certain Bid Submission and Real Property Purchase Agreement dated August 17, 
2021, as amended and reinstated pursuant to that certain First Amendment to Bid Submission and 
Real Property Purchase Agreement dated November 21, 2023, and as amended by that certain 
Second Amendment to Bid Submission and Real Property Purchase Agreement with an effective 
date of March 31, 2025 (the “Purchase Agreement”), pursuant to which Seller agreed to sell and 
Purchaser agreed to purchase all of the Sonoran Ridge Water System, including all facilities, 
pumps, waterlines, meters and/or other equipment, properties and rights used or useful to provide 
water service in the Sonoran Ridge Water System including but not limited to, the Well, well sites, 
easements, leaseholds, and other interests in the real property commonly known as Maricopa 
County Assessor’s Parcel No. 502-09-011B (the “Property”). 
 
B. 
Tract T as shown on the Final Plat for White Tank Vistas, recorded on December 
13, 2025, in Book 1834, Page 41 (“Tract T”) is commonly known as Maricopa County Assessor’s 
Parcel No. 502-14-456, and is a part of the existing water campus, known as the Sonoran Ridge 
Water System.  
 
C. 
Seller and Purchaser acknowledge and agree that the intent of the Purchase 
Agreement to convey all of the Sonoran Ridge Water System from Seller to Purchaser, including  
Tract T, Seller inadvertently failed to convey Tract T to Purchaser.  
 
D. 
Capitalized terms used herein and not otherwise defined herein shall have the 
meanings given to such terms in the Purchase Agreement. 
 
E. 
Purchaser and Seller now desire to enter into this Addendum to the Second 
Amendment to Bid Submission and Real Property Purchase Agreement. 
NOW, THEREFORE, in consideration of the promises and covenants contained herein, 
and for other good and valuable consideration, the receipt and sufficiency of which is hereby 
acknowledged, the parties agree as follows: 
1. 
Conveyance of Tract T. Consistent with the intent of Seller and Purchaser under 
the Purchase Agreement, Seller agrees to convey to Purchaser Tract T by the execution and 
delivery by Seller of a special warranty deed in the form attached hereto as Exhibit A. Seller shall 
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execute and deliver the Special Warranty Deed to Buyer within fifteen (15) days after the final 
approval of the Addendum by the City Council of the City of Buckeye. 
 
2. 
Counterparts. This Addendum may be executed in counterparts, each of which shall 
be deemed an original, but all of which together shall constitute one and the same Addendum. 
 
3. 
Signatures. This Addendum may be executed by either or all parties by facsimile 
signature, DocuSign, or “PDF” signatures emailed, and any such signature shall be deemed an 
original signature and Escrow Agent is hereby authorized and instructed to rely thereon. 
 
4. 
Effect of Addendum. In the event of any inconsistencies between this Addendum 
and the Purchase Agreement, the terms of this Addendum shall govern. Except as provided for 
herein, all other terms and conditions of the Purchase Agreement shall remain unchanged, and the 
parties hereto reaffirm the terms and conditions of such Purchase Agreement. This Addendum may 
only be varied by a document, in writing, of even or subsequent date hereof, executed by the parties 
hereto. 
IN WITNESS WHEREOF, the undersigned have executed this Addendum to be effective 
as of the date upon which the last of Seller and Buyer executes this Addendum (the “Addendum 
Effective Date”). 
SELLER: 
City of Buckeye, Arizona 
an Arizona municipal corporation 
 
 
By:  
 
Name: ___________________________________ 
Title: ____________________________________ 
 
Date: ______________________, 2026 
 
 
ATTEST: 
 
 
_____________________________ 
Lucinda J. Aja, City Clerk 
 
 
 
APPROVED AS TO FORM: 
 
 
_____________________________ 
Tosca Henry, City Attorney 
 
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PURCHASER: 
MATTAMY ARIZONA, LLC, 
an Arizona limited liability company   
 
 
By: 
 
Name: Matthew James Arneson 
Title: Vice President 
 
Date: ______________________, 2026 
 
 
By: 
 
Name: Nicole Marginian Swartz 
Title: Vice President 
 
Date: ______________________, 2026 
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May 1

EXHIBIT “A” 
Special Warranty Deed 
 
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When recorded, return to: 
 
Marc D. Blonstein, Esq. 
Berens Blonstein PLC 
7033 East Greenway Pkwy., Suite 210 
Scottsdale, Arizona 85254 
 
 
SPECIAL WARRANTY DEED 
 
For consideration of Ten Dollars ($10.00), and other valuable consideration, the 
CITY OF BUCKEYE, ARIZONA, an Arizona municipal corporation ("Grantor"), hereby conveys 
to MATTAMY ARIZONA, LLC, an Arizona limited liability company ("Grantee"), the following 
real property situated in Maricopa County, Arizona, together with all appurtenant benefits, rights, 
and privileges (collectively, the "Property"): 
See Exhibit "A" attached hereto and incorporated herein by this reference. 
SUBJECT TO: current taxes; assessments; patent reservations; all covenants, 
conditions, restrictions, reservations, easements, encumbrances, liens, and declarations or 
other matters of record or to which reference is made in the public record; any and all 
conditions, easements, encroachments, rights-of-way, or restrictions which an accurate survey 
of the Property would reveal.   
And Grantor binds itself and its successors to warrant and defend the title to the 
Property solely against all acts of Grantor and no other subject to the matters above set forth. 
Recordation of this deed is exempt from the requirement of filing of an affidavit of 
property value, pursuant to the exemption set forth in A.R.S. Section 11-1134(A)(3). 
 
[SIGNATURE PAGE FOLLOWS] 
 
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DATED this ___ day of 
 
, 2026. 
 
CITY OF BUCKEYE, ARIZONA, an Arizona 
municipal corporation 
 
 
By:  ____________________________ 
Name:  __________________________ 
Title:  ___________________________ 
 
 
 
STATE OF ARIZONA  
) 
 
 
 
 
) ss. 
County of Maricopa 
 
) 
 
 
The foregoing instrument, Special Warranty Deed, consisting of __________ pages, 
including this page and all Exhibits, was acknowledged before me this _____ day of  
 
, 2026 by ____________________________, the ____________________________ of 
the CITY OF BUCKEYE, Arizona, an Arizona municipal corporation, on behalf of the City. 
 
 
________________________________ 
 
 
 
 
 
 
 
Notary Public 
 
 
 
 
 
 
 
 
(Affix Notary Stamp Here) 
 
 
 
ATTEST: 
 
 
_____________________________ 
Lucinda J. Aja, City Clerk 
 
 
 
APPROVED AS TO FORM: 
 
 
_____________________________ 
Tosca Henry, City Attorney 
 
 
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EXHIBIT A to Special Warranty Deed 
 
Legal Description 
 
Tract T according to White Tank Vistas, a Final Plat recorded at Book 1834 of Maps Page 41, in 
the Maricopa County Recorder's Office, Maricopa County, Arizona lying within the southwest 
quarter of Section 33, Township 3 North, Range 2 West of the Gila and Salt River Meridian, 
Maricopa County, Arizona:  
Containing 912 square feet or 0.0209 acres more or less. 
 
 
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