Resolution No. 5738

City of Chandler — Study Session (2023-09-18)

View PDF Meeting page

Extracted text (via pymupdf) 2756 characters
RESOLUTION NO. 5738 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE 
CITY OF CHANDLER AND NXP USA, INC. FOR THE CONSTRUCTION, 
FINANCING, OPERATION, AND MAINTENANCE OF A REPLACEMENT 
WELL.  
 
WHEREAS, NXP USA, Inc. (“NXP”) owns and operates a manufacturing facility at 1300 North 
Alma School Road, Chandler, Arizona; and 
 
WHEREAS, the City of Chandler (the “City”) previously entered into a development agreement 
with NXP, as successor-in-interest to Motorola, Inc., on March 30, 1998, for the construction of a 
well on NXP’s property (known as the “Orchid Lane Well”), which the City subsequently owned, 
operated, and maintained and used to supply the NXP property with water for the manufacturing 
facility; and 
 
WHEREAS, since 2019, because of the Orchid Lane Well becoming inoperable due to well failure, 
the City has been delivering water to the NXP property sourced from other wells used by the City; 
and 
 
WHEREAS, a new well will be necessary to supply water to serve NXP’s manufacturing facility, 
and NXP and the City desire to enter into an agreement to address the conditions, terms, 
restrictions, and requirements for the construction, financing, operation, and maintenance of a 
replacement well to serve the NXP property, as authorized by A.R.S. § 9-500.05. 
 
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona, 
as follows: 
 
Section 1. 
Approving the Development Agreement between the City of Chandler and NXP 
USA, Inc.   
 
Section 2. 
Authorizing the Mayor of the City of Chandler to execute the Development 
Agreement on behalf of the City of Chandler. 
 
Section 3. 
Authorizing the acceptance of the conveyance of a deed and easement(s) dedicated 
to the City of Chandler by NXP upon completion of the replacement well and final 
approval of the replacement well by the City of Chandler in accordance with the 
provisions of the Development Agreement. 
 
Section 4. 
Authorizing city staff to perform all acts necessary to give effect to this Resolution 
and comply with the terms of the Development Agreement.

Resolution 5738 
Page 2 
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day 
of September, 2023. 
ATTEST: 
_____________________________ 
_____________________________ 
CITY CLERK  
MAYOR 
CERTIFICATION 
I HEREBY CERTIFY that the above and foregoing Resolution No. 5738 was duly passed and 
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 
_____ day of September, 2023 and that a quorum was present thereat. 
______________________________ 
CITY CLERK 
APPROVED AS TO FORM: 
______________________________ 
CITY ATTORNEY