Resolution No. 08-26 Pulte DA Harquahala.pdf

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RESOLUTION NO. 08-26  
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, APPROVING THE DEVELOPMENT AGREEMENT WITH PULTE 
HOME COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY 
RELATED TO THE ACQUISITION OF RESOURCES AND PROVISION OF 
WATER SERVICES WITHIN THE FESTIVAL RANCH DEVELOPMENT; 
AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER THE AGREEMENT; 
AND, AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO 
THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS 
RESOLUTION. 
  
WHEREAS, Pulte Home Company, LLC, a Michigan limited liability company (“Owner”) 
and the City of Buckeye, an Arizona municipal corporation (“City”) desire to enter into a 
development agreement to memorialize the rights, duties and obligations of the parties with 
regard to the acquisition and later service to the Festival Ranch development of a new long-term 
water resource to become effective upon full execution and approval of the separate but related 
Amendment No. 1 to the Development Agreement (Wagner Wash Underground Storage Facility 
– Permitting and Operation) dated February 20, 2024, recorded in the Maricopa County 
Recorder’s Office at Document No. 2024-0101895, (“Wagner Wash USF Agreement”); and 
WHEREAS, Owner is acquiring an additional groundwater allocation from the 
Harquahala Valley Water Project (“HVWP”) consisting of up to 90,000 acre-feet of groundwater, 
with a withdrawal rate not to exceed 900 acre-feet per year over a period of up to 110 years 
(“HVWP Water”); and 
WHEREAS, the HVWP Water is associated with certain real property platted as 
Harquahala Acres and located within the Harquahala Irrigation Non-Expansion Area, Maricopa 
County, Arizona, and acquisition of such groundwater allocation requires conveyance of a 
corresponding lot together with a recorded Declaration of Groundwater Allocation; and 
WHEREAS, Owner has proposed to cause the conveyance of Lot 3, as shown on the 
plat for Harquahala Acres, recorded in the office of the Maricopa County, Arizona Recorder as 
Instrument No. 2020-0237247 (“Lot 3”), to the City together with the associated groundwater 
allocation for the HVWP Water and agreed to pay its proportionate share of capital, 
administrative, operational, and related costs attributable to the HVWP Water acquired for the 
benefit of Festival Ranch; and 
WHEREAS, City has agreed to accept the conveyance of Lot 3 and the associated 
groundwater allocation for the HVWP Water pursuant to the terms of the Agreement, and shall 
become a part of the Transporters Association described in the Declaration of Easements, 
Covenants, Condition, and Restrictions of the Harquahala Valley Water Project, recorded in the 
office of the Maricopa County, Arizona Recorder as Instrument No. 2025-0402548, and, as 
such, required to bear its proportionate share of all costs for designing, engineering, 
constructing, and operating any infrastructure required to produce and treat groundwater from 
wells within the HVWP, as well as to pay its proportionate share of all such costs of 
implementing the transportation of water from the HVWP; and

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WHEREAS, upon completion of the necessary approvals and infrastructure, the HVWP 
Water will be managed by the City as a long-term water resource and used to support City 
water service to customers within Festival Ranch in accordance with the Wagner Wash USF 
Agreement, as amended; and 
WHEREAS, the City is authorized to enter into development agreements by resolution, 
pursuant to Arizona Revised Statutes § 9-500.05. 
 
BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows:  
  
 
Section 1.      The recitals above are hereby incorporated as if fully set forth herein.  
  
Section 2. 
The Development Agreement (Harquahala Water Resources Acquisition) 
dated January 6, 2026 between the City and Owner is hereby approved in substantially the form 
and substance on file with the City Clerk and will become effective upon the concurrent full 
execution of the Agreement and the Amendment No. 1 to the Wagner Wash USF Agreement by 
the City.   
  
Section 3. 
The Mayor is authorized to execute and deliver the Agreement on behalf 
of the City. 
 
Section 4. 
The Mayor, City Manager, City Attorney, and City Clerk are hereby 
authorized and directed, on behalf of the City, without further order of the Mayor and City 
Council, to do all such acts and things and to execute and deliver all such certificates, 
proceedings, agreements and other documents as may be necessary or convenient to be 
executed and delivered on behalf of the City to evidence compliance with, or further the 
purposes of, all the terms and conditions of this Resolution and the consummation of the 
transactions contemplated hereby and as may be necessary to carry out the terms and intent of 
this Resolution to take all steps necessary to carry out the purpose and intent of this Resolution.  
  
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 
6th day of January, 2026.  
 
  
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Eric W. Orsborn, Mayor 
 
ATTEST: 
 
 
 
 
 
 
 
_________________________________ 
 
Lucinda J. Aja, City Clerk 
 
 
 
 
APPROVED AS TO FORM: 
 
 
__________________________________ 
Tosca Henry, Interim City Attorney