Resolution No. 09-26 Amendment No. 1 Wagner Wash.pdf

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RESOLUTION NO. 09-26  
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, APPROVING AMENDMENT NO. 1 TO THE WAGNER WASH 
UNDERGROUND STORAGE FACILITY – PERMITTING AND OPERATION 
DEVELOPMENT AGREEMENT DATED FEBRUARY 20, 2024 BETWEEN THE 
CITY OF BUCKEYE, AN ARIZONA MUNICIPAL CORPORATION, PULTE HOME 
COMPANY, LLC, A MICHIGAN LIMITED LIABILITY COMPANY, AND DEL 
WEBB CORPORATION, A DELAWARE CORPORATION; AND AUTHORIZING 
THE MAYOR TO EXECUTE AND DELIVER THE AGREEMENT.  
  
WHEREAS, Pulte Home Company, LLC, a Michigan limited liability company (“Pulte”), 
Del Webb Corporation, a Delaware corporation (“Del Webb”) and the City of Buckeye, an 
Arizona municipal corporation (“City”) previously entered into that certain Development 
Agreement (Wagner Wash Underground Storage Facility – Permitting and Operation) dated 
February 20, 2024 and recorded in the Official Records of the Maricopa County Recorder’s 
Office on February 28, 2024 as document number 2024-010895 (“Agreement”); and 
 
WHEREAS, the City, Pulte, and Del Webb desire to amend the Agreement for the 
purpose of adding Harquahala Valley Water Project (“HVWP”) water as a new source of water 
supply for purposes of importing, storing in the Wagner Wash Underground Storage Facility, and 
serving; and 
 
WHEREAS, the HVWP water is the subject of the Harquahala Water Resources 
Acquisition Development Agreement between the City and Pulte being sought concurrently with 
this Amendment; 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 incorporated as if fully set forth herein  
  
Section 2. 
The Amendment No. 1 to Development Agreement (Wagner Wash 
Underground Storage Facility – Permitting and Operation) dated January 6, 2026, between the 
City, Pulte and Del Webb (“Amendment”) is approved in substantially the form and substance on 
file with the City Clerk’s Office and will become effective upon the concurrent full execution of 
the Amendment No. 1 to the Wagner Wash USF Agreement and the Harquahala Water 
Resources Acquisition Development Agreement by the City.   
  
Section 3. 
The Mayor, City Manager, City Attorney, and City Clerk are hereby 
authorized and directed to execute and deliver all documents and other necessary or desirable 
instruments connected with the Amendment and to take all steps necessary to carry out the 
purpose and intent of this Resolution.

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PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye, Arizona, 
this 6th day of January, 2026.  
 
  
____________________________________ 
 
 
 
 
 
 
Eric W. Orsborn, Mayor 
 
 
ATTEST: 
 
 
 
 
 
 
 
_________________________________ 
 
Lucinda J. Aja, City Clerk 
 
 
 
 
APPROVED AS TO FORM: 
 
 
__________________________________ 
Tosca Henry, Interim City Attorney