Council to take action on the Second Amendment to Bid Submission and Real Property Purchase Agreement between the City of Buckeye, an Arizona municipal corporation, and Mattamy Arizona
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4.A CITY OF BUCKEYE Regular and Special Council Meeting COUNCIL ACTION REPORT MEETING DATE: 06/03/25 AGENDA ITEM: 4.A. WR - Second Amendment to Bid Submission and Real Property Purchase Agreement with Mattamy Arizona LLC DATE PREPARED: 06/02/25 DISTRICT NO.: STAFF LIAISON: Terry Lowe, Water Resources Director, tlowe@buckeyeaz.gov, (623) 349-6102 DEPARTMENT: Water Resources AGENDA ITEM TYPE: Consent Agenda Items / New Business ACTION/MOTION: (This language identifies the formal motion to be made by the Council) Council to take action on the Second Amendment to Bid Submission and Real Property Purchase Agreement between the City of Buckeye, an Arizona municipal corporation, and Mattamy Arizona LLC, a Delaware limited liability company, and authorize the City Manager to execute said Agreement on behalf of the City of Buckeye. SUMMARY PROJECT DESCRIPTION: On November 21, 2023 Buckeye City Council approved the First Amendment to Bid Submission and Real Property Purchase Agreement between the City of Buckeye and Jen Arizona 36, LLC (Jen), in which the City of Buckeye agreed to sell Jen the Sonoran Ridge Water System, including all facilities, pumps, waterlines, meters and/or other equipment, properties and rights. Since that time, all terms of the Agreement have been upheld by Jen and then Mattamy Arizona LLC (Mattamy). In July 2024, Jen executed the Assignment and Assumption of Bid Submission and Purchase Agreement with Mattamy, wherein Jen assigned all its rights, title, interest and obligations as the original purchaser to Mattamy. The City of Buckeye accepted this Assignment. Staff and Mattamy are now requesting Council approval of this Second Amendment for the purposes of extending the Closing Date to June 25, 2025. This extension will allow ample time for construction of the Olive pipeline to be completed, the sale to be finalized, and Sonoran Ridge customers to be smoothly transitioned to EPCOR's service. BENEFITS: Increased time to ensure proper transition of facility and customers. FUTURE ACTION: None. FINANCIAL IMPACT STATEMENT: None. CURRENT FISCAL YEAR TOTAL COST: None. BUDGETED: No Items related to a project or facility location must include an attached vicinity map for Council Review. ATTACHMENTS: 4A 2nd Amendment to Agreement with Mattamy Arizona.pdf