4A 2nd Amendment to Agreement with Mattamy Arizona.pdf
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SECOND AMENDMENT TO BID SUBMISSION AND REAL PROPERTY PURCHASE AGREEMENT This Second Amendment to Bid Submission and Real Property Purchase Agreement (this Amendment is entered into and shall be deemed effective as of the Second Amendment Effective Date (as defined below), by and between THE CITY OF BUCKEYE, ARIZONA, an Arizona municipal corporation Seller MATTAMY ARIZONA LLC, a Delaware limited Buyer RECITALS A. Seller and Buyer (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 Purchase Agreement to which Seller agreed to sell and Buyer agreed to purchase 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 -09-011B Property B. Capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Purchase Agreement. C. Buyer and Seller now desire to amend the Purchase Agreement in accordance with the terms and conditions of this Amendment. 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. Closing Date. The Closing Date is hereby extended to June 25 2. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. 3. Signatures. This Amendment may be executed by either or all parties by facsimile signature, DocuSign, or , and any such signature shall be deemed an original signature and Escrow Agent is hereby authorized and instructed to rely thereon. 4. Effect of Amendment. In the event of any inconsistencies between this Amendment and the Purchase Agreement, the terms of this Amendment 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 Amendment 2 may only be varied by a document, in writing, of even or subsequent date hereof, executed by the parties hereto. 5. No Waiver. Notwithstanding the subject matter hereof, extending the Closing Date, the parties do not waive Time of Essence provision set forth in Section 13.4 of the Agreement. IN WITNESS WHEREOF, the undersigned have executed this Amendment to be effective as of March 31, 2025 Second Amendment Effective Date SELLER: City of Buckeye, Arizona an Arizona municipal corporation By: Name: ___________________________________ Title: ____________________________________ Date: ______________________, 2025 3 BUYER: MATTAMY ARIZONA LLC, a Delaware limited liability company By: Name: Matthew Arneson Title: Vice President Date: ______________________, 2025 By: Name: Nicole Swartz Title: Vice President Date: ______________________, 2025