HomeMy WebLinkAbout01/18/2005 Consent AgendaTOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: January 18, 2005 AGENDA ITEM: IX. A. 1
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Richard Vidaurri, Chief of Police
Resolution No. 2005-03: Relating to the Police Department;
extending the intergovernmental agreement between the Marana
Police Department and the Pima County Community College
District for courses in law enforcement and community
development; and declaring an emergency.
DISCUSSION
An Intergovernmental Agreement ("IGA") entered into February 1, 2000, between the Marana
Police Department ("MPD") and the Pima County Community College District (the "District")
established curriculum guidelines for the professional development of employees. It included
courses in the Law Enforcement (LEN) program and Community Development Education
(CDE).
This IGA expired on June 30, 2004, and needs to be extended until February 28, 2005.
RECOMMENDATION
Staff recommends approval of the extension of this IGA between MPD and the District.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-03, approving and authorizing the Chief of Police to
execute the extension of the IGA between MPD and the District, and declaring an emergency.
[00000439. DOC/] FJC/cds 1/10/05
MARANA RESOLUTION NO. 2005-03
RELATING TO THE POLICE DEPARTMENT; EXTENDING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARANA POLICE
DEPARTMENT AND THE PIMA COUNTY COMMUNITY COLLEGE DISTRICT FOR
COURSES IN LAW ENFORCEMENT AND COMMUNITY DEVELOPMENT; AND
DECLARING AN EMERGENCY.
WHEREAS, an Intergovernmental Agreement between the Marana Police Department
("MPD") and Pima County Community College District ("PCC") was entered into February 1,
2000 ("IGA"); and
WHEREAS, MPD and PCC desire to extend this IGA until February 28, 2005; and
WHEREAS, the Mayor and Council find that that the extension of this IGA is in the best
interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Chief of Police of MPD is hereby authorized to
execute the attached Exhibit A, incorporated herein by this reference, to extend the IGA to
February 28, 2005.
BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the
peace, health and safety of the Town of Marana that this resolution become immediately
effective, an emergency is hereby declared to exist, and this resolution shall be effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of January, 2005.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00000434.DOC/} FJC/cds IH 0/05
EXTENSION OF INTERGOVERNMENTAL SERVICES AGREEMENT BETWEEN
MARANA POLICE DEPARTMENT AND
PIMA COUNTY COMMUNITY COLLEGE DISTRICT
FOR COURSES IN' LAW ENFORCEMENT AND COMMUNITY DEVELOPMENT
IT IS HEREBY AGREED between Marana Police Department and Pima County Community College
District that the rights, privileges, and all other provisions of the original Intergovernmental Agreement between
these parties for implementation and administration of education and training programs which was entered into
6n February 1, 2000 and filed in the Office of the Pima County Rec'~order on May 12, 2000 at Docket #11297,
Page 934, be extended for an additional four-month period when executed by the signatures of both parties
hereto, effective on November 1, 2004, and shall expire on the 28th day of February, 2005, during which time
the parties will enter into discussions regarding continuation of this educational program.
the
IN WITNESS WHEREOF, the parties hereto have executed this at Tucson, Pima County, Arizona on
__ day of ., 2004.
PIMA COUNTY COMMUNITY
COLLEGE DISTRICT
MARANA POLICE DEPARTMENT
Name: Janice M. Stroh Date
Vice Chancellor for Finance and Administrative Services
Title
Name (Signed)
Chief of Police
Date
Title
Contact: David Rodenkirch
206.7818
(Phone #)
APPROVED AS TO FORM:
egal Counsel
Date
Contact: C5_cbard vidourri 616.0539
(Phone#)
APPROVED AS TO FORM, CONTENT,
AND LEGAL AUTHORITY, PURSUANT
TO A.~.S. Sec. 11-952(D) .
/¢EN.C~eg~I Counsel/ Date
~rank.~assidy /
Control No. C2005123A
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: January 18, 2005 AGENDA ITEM: IX. A. 2
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
C. Brad DeSpain, Utilities Director
Resolution No. 2005-10: Relating to Water Service; approving
and authorizing the execution of the Agreement between the Town
of Marana and Monterey Homes and U S Home for Construction
of Potable and Non-Potable Water Facilities and Provision of
Water Utility Service for Rancho Marana 154.
DISCUSSION
Monterey Homes and U S Home desires to install on-site and off-site water facility to provide
service to a development known as Rancho Marana 154. Pursuant to an Agreement between the
Town of Marana and Monterey Homes and U S Home the developers will construct water
service facilities and then pass ownership of these facilities to the Town; the Town will then
provide water service to Rancho Marana 154.
RECOMMENDATION
The Water Utility Advisory Committee and Staff recommend approval of Resolution
No. 2005-10, approving and authorizing the execution of the Agreement between the Town of
Marana and Monterey Homes and U S Home for Construction of Potable and Non-potable Water
Facilities and Provision of Water Utility Service for Rancho Marana 154.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-10.
BLU WSA Rancho Marana 154 01/11/20053:58 PM APM
MARANA RESOLUTION NO. 2005-10
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT BETWEEN THE TOWN OF MARANA AND MONTEREY HOMES AND
U S HOME FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE FOR RANCHO MARANA 154.
WHEREAS, Monterey Homes and U S Home intends to facilitate the development of
property to be called Rancho Marana 154 (the "Property"); and
WHEREAS, Monterey Homes and U S Home desires to arrange for the provision of water
service to and within the Property in connection with development; and
WHEREAS, Marana is willing to provide water service to and within the Property in
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the
Agreement; and
WHEREAS, Monterey Homes and U S Home agrees to the construction of water facilities
for the Property; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are
in the best interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Agreement for Construction of Potable and Non-Potable Water Facilities
and Provision of Water Utility Service between the Town of Marana and Monterey Homes and U S
Home, attached as Exhibit A to and incorporated here by this reference, for construction of water
facilities, is hereby authorized and approved.
SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk
in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of
Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of January, 2005.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 040615 WSA Rancho Marana 154 RSO 2004-78 2 APM 01/10/2005
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF POTABLE AND NON-POTABLE WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
THIS AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE
WATER FACILITIES, entered into as of the 18th day January, 2005, by and between the
TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, (hereinafter referred
to as "Marana") and MONTEREY HOMES ARIZONA, INC., an Arizona Corporation and
U S HOME CORPORATION, a Delaware Corporation (hereinafter referred to as the
"Developer" or Applicant"), is for the construction of "Water Facilities" necessary to
provide water utility service to its Property, which is more specifically described on
Exhibit "A" attached hereto and made a part hereof, (hereinafter the "Property"), on the
following terms and conditions:
RECITALS
WHEREAS, Developer warrants it (i) is legally qualified to do business in the
State or Arizona, and (ii) owns the Property which is the subject to this Agreement; and
WHEREAS, Developer is desirous of arranging for the provision of water service
to and within the Property in connection with development; and
WHEREAS, Marana (i) owns and operates a municipal water system, and (ii) is
experienced in the provision of water service; and
WHEREAS, Marana is willing to supply water to Developer in accordance with
the Municipal Code of Marana, and in accordance with the terms of this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the Recitals set forth above and the
mutual covenants, conditions, and agreements set forth below, the parties agree as
follows:
Water Service Agreement Rancho Marana 154
1. DEFINITIONS
1.1
Applicant or Developer: Monterey Homes Arizona, Inc. and U S Home
Corporation, and its successors and assigns.
1.2
Property: That certain property or real estate development known as
Rancho Marana 154 and as shown on Exhibit "A" attached hereto and
made a part hereof.
1.3
Water Facilities: The public water facilities and appurtenances to be
constructed under this Agreement and located within public rights-of-way
or dedicated easements, and which, upon completion by Developer and
inspection and acceptance by Marana, are to be deeded to Marana for
operation and maintenance, including but not limited to water mains,
valves, pipelines, booster pumps, wells, reservoirs and all other water
facilities necessary for potable and non-potable water service to the
Property and appurtenant to the municipal water supply system of
Marana.
1.4
Water System: Water Facilities, including water mains, valves, hydrants,
pipelines, booster pumps, wells, reservoirs, telemetry and all other water
facilities and appurtenances necessary for potable and non-potable
service to the Property and appurtenant to the municipal water supply
system of Marana.
1.5 Work: As defined in Paragraph 2.7.
CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specifications, Testing and Phasing. Developer shall design
and construct, at Developer's own expense, the Water Facilities in
accordance with approved Plans and Specifications. The approved Plans
and Specifications shall (i) conform to the design standards of the City of
Tucson Water Department and the Marana Town Water Code, (ii) be
sized to and capable of serving the water needs of the maximum
authorized development on the Property (including all commercial and
noncommercial development to be served by Marana), and (iii) designate
the point of interconnection referred to in Paragraph 2.6 hereof. A copy of
said approved On-Site Plans and Specifications for the Water Facilities is
attached as Exhibit "B."
(a) The Plans and Specifications shall include, Extension and
interconnection as described in the following:
(i)
Developer shall advance One Hundred Forty Four Thousand Five
Hundred Seventy One Dollars and Fifty Cents ($144,571.50) for
Water Production Facilities.
(ii)
Developer shall extend the sixteen-inch (16") main on the
eastside of Ora Mae Harn Park with a sixteen-inch (16") main to
Civic Center Loop Drive at Lon Adams Road then extend a
Water Service Agreement Rancho Marana 154
2
(b)
sixteen-inch (16") main from Civic Center Loop Drive at Barnett
Road south to intersect Clark Farms Drive west on Clark Farms
Drive across Sandario Road on to the most westerly property
boundary of the development, per Phasing Outline Exhibit "C"
attached.
Main will be a Protected Main by Marana Town Code 14-7
through Vanderbilt Farm and to neighboring property boundary.
(Developer share is estimated to be one third (1/3) of total
construction cost).
(Jv)
Developer shall design and construct at Developer's own
expense separate potable and non-potable distribution systems
throughout the Property. The non-potable shall be constructed
so as to clearly distinguish the non-potable system from the
potable system and be capable of carrying untreated water from
any source, such as CAP, groundwater, surface water and
effluent (or reclaimed water). Design concept and specifications
to follow under separate agreement.
(v)
(vi)
Developer shall design and construct at Developer's own
expense an interconnection of their on site twelve-inch (12")
main at Tangerine Loop and Moore Road to the existing sixteen-
inch (16") potable main in Clark Farms Road per Exhibit "C"
Phasing Outline. Appurtenant facilities to interconnect the
potable Water System to the Marana potable and non-potable
water systems at Tangerine Loop and Moore Road to the
Marana non-potable at location specified by Marana. Unless
otherwise mutually agreed and set forth on the Plans and
Specifications the non-potable interconnection will terminate at
the Marana potable water system. There will be no
interconnection of potable and non-potable systems.
Developer shall pay or participate at the second (2nd) phase of
their development in a regional water storage facility for the
potable water system based on the fire protection needs of the
Water System at the Property's build-out which will be equal to,
or exceed the estimated water usage on the hottest day of the
summer, together with two (2) hours of fire flow at one thousand
five hundred (1500) gallons per minute, or if Marana is to serve
any commercial development on the Property, then three (3)
hours of fire flow at one thousand five hundred (1500) gallons
per minute. Developer shall participate equally in a portable self-
contained generator of sufficient size to operate the well and
1500 gpm booster station fire pump being installed to meet fire
code requirements at the start of phase two (2) per Exhibit "C"
Phasing Outline.
Developer and Marana recognize that not all Water Facilities may be
necessary to service the initial phase or phases of the development
Water Service Agreement Rancho Marana 154
3
2.2
2.3
2.4
2.5
2.6
proposed for the Property. The phasing is agreed to in writing and
attached to this Agreement as Exhibit "C."
Plans and Specifications and Water Facilities Approval. The Plans and
Specifications for the Water Facilities shall be reviewed and approved in
writing by Marana, ADEQ and PCDEQ before issuance of any Water
Facilities construction permits by Marana. No work shall commence until
Marana has issued a Water Facilities construction permit. The Plans and
Specifications shall be (i) constructed, (ii) issued a certificate to operate by
ADEQ or PCDEQ, and (iii) accepted by Marana prior to Marana issuing
Developer a Certificate of Occupancy for any residential or commercial
unit, subject to the phasing as provided for in Paragraph 2.1(c) above
Contractor. The Water Facilities shall be constructed by a contractor
properly licensed by the state of Arizona and in accordance with Plans
and Specifications prepared by a qualified registered professional
engineer. The location in the ground and manner of installation shall
comply with the requirements of all public agencies having authority to
prescribe regulations with respect to the location and manner of
installation.
Permits and Licenses. Applicant shall obtain all necessary permits and
licenses, pay all fees and comply with all laws, ordinances and regulations
related to the public health, safety, welfare and construction of the Water
System.
Materials, Workmanship, Equipment and Machinery. All materials shall be
new and both the workmanship and materials shall be of good quality and
shall meet the combined specifications and standards of (a) AWWA, (b)
ADEQ, (c) PCDEQ, (d) all applicable local regulatory agencies, and (e) the
plans and specifications incorporated herein by reference in Exhibit "B."
Developer shall repair, or remove and replace, at Developer's own
expense and at Marana's convenience, workmanship or materials which
do not meet the described criteria or which prove to be defective at any
time within one year from the date of the final acceptance of Applicant's
work by Marana.
Connecting New Facilities. Upon completion by Developer and
acceptance by Marana, of the Water Facilities, Developer will dedicate the
Water Facilities and Water System to Marana, without cost to Marana, and
Marana shall thereafter operate and maintain the Water Facilities as an
integral part of its municipal water utility. The Water Facilities constructed
pursuant to this Agreement shall provide a point of connection to Marana's
existing water facilities at the point directed by Marana for Service Area
requirements. After commencing water service to the Property, for the
purposes of this paragraph, the provisions of Marana Code §14-7 and any
successor or amendatory provisions are incorporated herein as though set
forth in full and Developer, except to the extent to do so would be
inconsistent with the provisions thereof, is deemed for the purposes hereof
to be the ApplicantJCustomedDeveloper described therein.
Water Service Agreement Rancho Marana 154
2.7
2.8
2.9
Inspection, Testing and Correction of Defects. Developer shall comply
with the inspection and testing requirements of ADEQ, PCDEQ, and
Marana for the facilities to be constructed hereunder, PROVIDED
HOWEVER, said requirements shall be reasonable and shall not cause
Developer unwarranted delays in the ordinary course of construction.
Developer shall promptly notify Marana when the Water Facilities under
construction are ready for inspection and testing; and upon 24 hours
written notice to Marana, Marana shall thereafter inspect the same
promptly after being so notified. For the purpose of inspection and testing
of everything covered by this Agreement, or performance of the Work
thereon (the "Work"), Developer shall give Marana and any inspectors
appointed by it, free access to the construction site and facilitate the
proper inspection of such materials, including procurement data, and shall
furnish them with full information whenever requested as to the progress
of the Work in its various stages. The approval of the Work by any such
inspector shall not relieve Developer from its obligation to comply in all
respects with the instructions and specifications to make the Work a
finished job of its kind, completed in accordance with the best practices.
Developer agrees that no inspection by or on behalf of Marana shall
relieve Developer from its obligation to do and complete the Work in
accordance with this Agreement. If at any time before the final completion
and acceptance of the Work, any part of the Work is found to be defective
in any way, or in any way fails to conform to this Agreement, Marana is
hereby expressly authorized to reject or revoke acceptance of such
defective or deficient Work and require Developer to repair, replace, or
make good on such defective Work. Marana specifically reserves the right
to withhold approval and to forbid connection of the Water Facilities
constructed pursuant to this Agreement to Marana's water utility system
unless such Water Facilities have been constructed in accordance with
the Plans and Specifications approved by Marana and are satisfactory to
Marana upon inspection and testing. Developer agrees that it will
promptly correct all defects and deficiencies in construction, materials, and
workmanship upon request by Marana made subsequent to inspections by
Marana.
Change Orders. In the event that Developer makes (or is desirous of
making) any material changes to the design of the Water Facilities which
are to be constructed in accordance with the Water Plans referred to in
Exhibit "B" to this Agreement, Developer shall (a) obtain Marana's prior
written consent to such material changes or modifications, (b) pay to
Marana a reasonable fee for its time in reviewing such material changes
or modifications, and (c) pay the additional cost of construction associated
with the same, if any.
Invoices. Developer agrees to furnish Marana, within thirty (30) days after
completion of construction, copies of all Developer, subcontractor, vendor
and all others invoices for all engineering and other services, materials
purchased, materials installed, construction performed, equipment
provided and all else done directly in connection with construction
pursuant to this Agreement at the actual cost thereof.
Water Service Agreement Rancho Marana 154
2.10
2.11
2.12
2.13
Liens. Developer acknowledges its duty to obtain to the satisfaction of
Marana lien waivers and releases from all third parties providing labor,
materials or services hereunder. Developer hereby irrevocably waives
any rights it may now have or which it may acquire during the course of
this Agreement to record liens against Marana or its property. Developer
shall also pay, satisfy and discharge all mechanics', material men's and
other liens, and all claims, obligations and liabilities which may be
asserted against Marana or its property by reason of, or as a result of, any
acts or omissions of Developer, its employees, agents, servants,
suppliers, or subcontractors, or the employees, agents, servants or
suppliers of its subcontractors, in connection with or relating to the
performance of this Agreement.
"As-Built" Plans. Developer agrees to furnish Marana, within thirty (30)
days after completion of construction, "as-built" drawings in both
handwritten and electronic format certified as to correctness by an
engineer registered in the State of Arizona showing the locations of all
water mains, hydrants, valves, and service connections to all structures
served from facilities constructed pursuant to this Agreement.
Risk. Developer shall carry on all activities associated with or comprising
the Work required hereunder at its own risk until the Water Facilities are
fully completed and accepted by Marana and will, in case of accident,
destruction or injury to the Water Facilities before such final completion
and acceptance of the Water Facilities, replace or repair forthwith the
Water Facilities so injured, damaged or destroyed, to the satisfaction of
Marana and at Developer's own expense.
Liability. Developer hereby assumes all of the responsibility and liability
for injury or death of any person, or loss for damage to any property
contributed to or caused by the active or passive negligence of Applicant/
Developer, its agents, servants or employees in the execution of and
performance of the activities and Work contemplated herein or in
connection therewith. Accordingly, Developer will indemnify, appear and
defend and hold Marana, and its elected officials, employees, agents and
consultants (the "Town") harmless from and against claims, (except and to
the extent that the same are caused or contributed to by the Town) or
expenses, including penalties and assessments, to which they or any of
them may be subject to by reason of such injury, death, loss, claim,
penalty, assessment or damage, and in case any suit or other proceeding
which shall be brought on account thereof, Developer will assume the
defense of the Town at Developer's expense and will pay all judgments
rendered therein.
(a)
Marana hereby assumes all of the responsibility and liability for injury
or death of any person, or loss for damage to any property
contributed to or caused by the active or passive negligence of the
Town caused by interconnecting the Water Facilities to any off-site
water facilities by Marana, and, in that event, Marana will indemnify,
appear and defend and hold Developer harmless from and against
claims, (except and to the extent that the same is caused or
Water Service Agreement Rancho Marana 154
2.14
2.15
2.16
contributed to by Developer, its employees, agents and consultants)
or expenses, including penalties and assessments, to which they or
any of them may be subject to by reason of such injury, death, loss,
claim, penalty, assessment or damage, and in case any suit or other
proceeding which shall be brought on account thereof, will pay all
judgments rendered therein.
Insurance. Developer agrees to procure and maintain all of the insurance
policies described below and cause Marana to be endorsed as an
"additional insured" thereon, including insurance covering the obligations
assumed by Developer under subparagraphs (a), (b) and (c) hereof. Such
coverages shall be in amounts adequate to cover the risk commensurate
with the work to be performed under this Agreement. Certificates
evidencing said insurance and status of Marana shall be provided to
Marana.
(a)
Workers' Compensation Insurance. Worker's compensation and
occupational disease and disability compensation in the benefit
amounts as required by the laws and regulations of the State of
Arizona;
(b)
Liability Insurance. Comprehensive general liability insurance,
including operations and protective liability coverages. When the
work to be performed requires blasting, Developer's insurance shall
specifically cover that risk; and
(c)
Automobile Insurance. Comprehensive automobile liability
insurance covering all owned and non-owned automobiles and
trucks used by or on behalf of Developer, in connection with the
work.
Easements. For the purposes of this paragraph, the provisions of Marana
Code §14-3-7 and any successor or amendatory provisions are
incorporated herein as though set forth in full and Developer, except to the
extent to do so would be inconsistent with the provisions thereof, is
deemed for the purposes hereof to be the Applicant/CustomedDeveloper
described therein. Developer shall provide to Marana recordable
easements and required surveying, over, under, and across all portions of
the main and pipeline routes as may be necessary to serve each parcel or
lot within the Property. If development of the Property involves road
construction, all roads and drainage ways will be brought to grade by
Developer prior to the commencement of the installation of the Water
Facilities. No pavement or curbs shall be installed prior to completion of
the Water Facilities.
Service Lines, Valves, Meters and Meter Service. Developer shall install,
to Marana specifications, automated meters, sensors, and the other
necessary equipment for automated meter reading for all water services
on the Property. For the purposes of this paragraph, the provisions of
Marana Code §14-3-6 and any successor or amendatory provisions are
incorporated herein as though set forth in full and Developer, except to the
Water Service Agreement Rancho Marana 154
7
extent to do so would be inconsistent with the provisions thereof, is
deemed for the purposes hereof to be the Applicant/CustomedDeveloper
described therein. Provided that Developer is in compliance with this
subparagraph, Marana agrees to waive any water connection or meter
installation fees for new connections within the Property.
2.17
No Permanent Structures on Easements. No permanent structures (i.e.,
masonry walls, fences, etc.) shall be constructed on or through a water
easement without the express written consent of Marana. For the
purposes of this paragraph, the provisions of Marana Code {}14-3-7 and
any successor or amendatory provisions are incorporated herein as
though set forth in full and Developer, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes
hereof to be the Applicant/CustomedDeveloper described therein.
2.18
Title. All materials installed, Water Facilities constructed and equipment
provided by Developer in connection with construction of the Water
Facilities under this Agreement and the completed facilities as installed
shall, upon Marana's written acceptance of the same, become the sole
property of Marana, and full legal and equitable title thereto shall then be
vested in Marana, free and clear of any liens, without the requirement of
any written document of transfer to Marana or further acceptance by
Marana. Developer agrees to execute or cause to be executed promptly
such documents as legal counsel for Marana may request to evidence
such conveyance of good and merchantable title to said Water Facilities
free and clear of all liens.
3. COSTS OF CONSTRUCTION OF WATER FACILITIES
3.1
Developer shall, at Developer's sole cost and expense, install all the
Water Facilities shown on the approved Plans and Specifications, and
shall hold Marana free and harmless from any claim for the construction
costs or any defects in such Water Facilities. For the purposes of this
paragraph, the provisions of Marana Code {}14-4 and {}14-5 and any
successor or amendatory provisions are incorporated herein as though set
forth in full, including approval of an oversize refund as set forth in Exhibit
F, except to the extent to do so would be inconsistent with the provisions
thereof, is deemed for the purposes hereof to be the
Applicant/CustomedDeveloper described therein.
3.2
Upon request by Marana and direction, Developer shall, at Developer's
sole cost and expense, make any and all alterations to any existing water
distribution system, either on-site or off-site, necessitated by paving,
drainage, or other improvements caused by the development of the
Property.
3.3
The Water Facilities shall be transferred to the ownership of Marana upon
completion and acceptance by Marana. Developer shall be responsible
for all costs of operating, repairing, replacing and maintaining the Water
Facilities that exceed the revenues generated through Marana's provision
of water service to the Property, until a rate analysis methodology has
Water Service Agreement Rancho Marana 154
been adopted, mutually accepted, and performed by Marana showing that
the Water Facilities and Water System are financially self-sustaining.
Marana shall perform such analysis not less than annually and inform
Developer regarding the results thereof.
3.4
Marana shall collect connection charges and installation charges for each
potable and non-potable connection made on the Property in accordance
with Marana Updated Water Master Plan and Town Code, Paragraph 14-
7-2, as amended from time to time.
SECURITY REQUIREMENT
4.1
In accordance with Arizona Revised Statutes and the Marana Municipal
Code, this Agreement is contingent upon Developer furnishing Marana
with such security as may be appropriate and necessary, as determined
by the Marana Utility Director, to assure Marana that Developer will
perform all the Water Facilities and Water System construction described
above and all other obligations now existing or accruing under this
Agreement.
WATER SERVICE; WATER RIGHT
5.1
For the purposes of this paragraph, the provisions of Marana Code §14-5
and any successor or amendatory provisions are incorporated herein as
though set forth in full and Developer, except to the extent to do so would
be inconsistent with the provisions thereof, is deemed for the purposes
hereof to be the Applicant/CustomedDeveloper described therein.
Marana shall be under no obligation to provide water utility service to
Developer or the Property until each and every condition of this
Agreement has been met and satisfied. Marana agrees that upon receipt
of all applicable approvals and satisfaction of all of Developer's obligations
under this Agreement that it will then provide water utility service as
requested to and within the Property in accordance with its rules,
regulations and ordinances governing such water service, as such rules,
regulations and ordinances may, from time to time, be amended.
Commencement of service to the Property by Marana shall not waive any
obligation of Developer under this Agreement nor preclude Marana from
withholding or terminating water service to Developer, the Property or any
portion thereof until the Developer is in full compliance with this
Agreement.
5.2
Developer agrees to assign to Marana, as a condition of Marana providing
water utility service, every portion of its Irrigation and/or Type I
Nonirrigation Grandfathered Groundwater Rights and/or Type II
Nonirrigation Grandfathered Groundwater Rights, as those terms are
defined by law, as may be appurtenant to lands conveyed and dedicated
to Marana in connection with the development of the Property. Developer
agrees to execute and deliver all forms necessary to affect the transfer of
these water rights to Marana concurrently with such dedication, pursuant
to the projects phasing.
Water Service Agreement Rancho Marana 154
5.3
Marana will provide the State of Arizona Designation of Assured Water
Supply status for the Property upon acceptance of the Property into
Marana's service area by the Central Arizona Groundwater Replenishment
District (CAGRD). Developer shall execute any agreements and file such
covenants and restrictions, as Marana may deem appropriate to include
the Property in Marana's CAGRD service area. Without limiting in any
manner Marana's right to specify the terms and conditions governing
future water service to the property, but, as a condition precedent to the
property's right to receive water service from Marana, the owner(s) of the
Property shall pay all groundwater replenishment fees and costs incurred
in providing water service to the Property. Marana, in its sole discretion,
may determine the method of recovering such replenishment fees and
costs including, without limitation, through the property tax bill, the water
bills, and/or the impact fees of those customers living within the Property.
TERMINATION OF AGREEMENT
6.1
In the event Developer does not complete all of the Water Facilities and
Water System construction described in Article 2, within three (3) years
from the date of this Agreement, except as otherwise agreed on Exhibit
"C" hereof, this Agreement shall be null and void, canceled and of no
further force and effect, except to the extent Marana in its sole discretion
either (i) extends this time period in writing or (ii) accepts all or a portion of
the Water Facilities, in which case this Agreement shall remain in full force
and effect for the extension period or as to the Water Facilities accepted
by the Town; provided, however, no reimbursements will be paid pursuant
to Subparagraph 3.4 hereof.
6.2
Pursuant to A.R.S. § 38-511, Marana may cancel this contract within three
(3) years after its execution, without penalty or further obligation if any
person significantly involved in initiating, securing, drafting or creating this
Agreement on behalf of Marana is, at any time while this Agreement or
any extension of this Agreement is in effect, an employee or agent of
Developer in any capacity or consultant to Developer with respect to the
subject matter of this Agreement. Cancellation under this Paragraph by
Marana shall be effective when written notice from Marana is received by
Developer unless the notice specifies a later time. In addition to the right
to cancel as provided herein, Marana may recoup any fee or commission
paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating this Agreement on behalf of Marana from
Developer arising as the result of this Agreement.
INDEMNIFICATION
7.1
With respect to the Water Facilities and Water System constructed
pursuant to this Agreement, for a period of one (1) year following Marana's
acceptance of the facilities to be dedicated to Marana hereunder,
Developer agrees to indemnify, appear, defend and hold harmless Marana
and its employees (as previously defined) from any and all claims or
causes of action which may be asserted against Marana for negligent
design or construction of the Water Facilities, and from claims that may be
Water Service Agreement Rancho Marana 154
10
asserted against Marana for inadequate fire protection capacity arising
from the negligence of Developer or its employees or agents.
NOTICE
8.1 Communications hereunder shall be sent to the parties at the following
addresses or to such other addresses as the parties may advise in writing:
To Marana:
With copy to:
To Applicant:
With a copy to:
Utilities Director
Town of Marana Water Department
5100 N. Ina Road
Tucson, Arizona 85743-9746
Town Attorney
Frank Cassidy
13251 N. Lon Adams Road
Marana, Arizona 85653
Lisa Hoskin
Monterey Homes Arizona, Inc.
3275 W. Ina Road, Suite 220
Tucson, AZ 85745
U S HOME
5151 E. Broadway #1100
Tucson, AZ 85711-3706
SEVERABILITY
9.1
In the event any portion of this Agreement shall be determined to be
invalid, such invalidity shall not render void any remaining portions of this
Agreement, which can be given effect, and they shall remain in force and
effect.
10.
11,
ASSIGNMENT
10.1
This Agreement shall be binding upon and for the benefit of the heirs,
administrators, executors, successors and assigns of Marana and
Developer.
MISCELLANEOUS
11.1
This instrument (i) implements Paragraph 2.2 of the Development
Agreement between the Town of Marana and Monterey Homes
Construction, Inc. and Stewart Title and Trust #3240 recorded docket
12370, page 2849, Pima County Recorders Office, recorded August 20,
Water Service Agreement Rancho Marana 154
11
11.2
11.3
11.4
11.5
11.6
11.7
2004, (and the "Development Agreement"), (ii) contains the sole and only
agreement of the parties relating to the subject matter of this Agreement,
and (iii) correctly sets forth the rights, duties and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations or
representations relating to the subject matter of this Agreement not
expressly set forth in this Agreement are of no force and effect. This
instrument contains the entire agreement between the parties, and it shall
not be amended, altered or changed, except by written agreement signed
by the parties.
All executed agreements shall remain on file in Marana offices and shall
be made available for public review upon request.
This Agreement is entered into under and shall be governed by the laws of
the State of Arizona.
This Agreement has been arrived at by negotiation and shall not be
construed against any party to it or against the party who prepared the last
draft.
Captions and headings are for index purposes only and shall not be used
on construing this Agreement.
BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND
BINDING UPON EITHER MARANA OR DEVELOPER, IT MUST BE
APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA. In the event that it is not so approved, this Agreement shall be
null and void and of no force or effect whatsoever. The remedies provided
in this Agreement in favor of Marana shall not be deemed its exclusive
remedies but shall be in addition to all other remedies available to the
Parties at law or in equity. No waiver by Marana of any breach by
Developer of any provision of this Agreement nor any failure by Marana to
insist on strict performance by Developer of any provision of this
Agreement shall in any way be construed to be a waiver of any future or
subsequent breach by Developer or bar the right of Marana to insist on
strict performance by Developer of the provisions of this Agreement in the
future. Developer is an independent contractor and not an agent or
employee of Marana.
This Agreement, and all rights and obligations hereunder, including those
regarding water service to Developer, shall be subject to all provisions of
the Municipal Code of the Town of Marana and all applicable rates, fees,
charges and tariffs of the Marana Water Utility as approved by the Mayor
and Council of the Town of Marana now or as they may be changed and
approved by the Mayor and Council of the Town of Marana in the future.
Water Service Agreement Rancho Marana 154
12
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
TOWN OF MARANA
By:
Its: Mayor
APPROVED AS TO FORM
ATTEST:
By: By:
Town Attorney
Town Clerk
DEVELOPER
Monterey Homes Arizona, Inc.
U S Home Corporation
By: By:
Its: Its:
ACKNOWLEDGMENT
STATE OF ARIZONA )
) SS.
COUNTY OF )
as
This instrument was acknowledged before me this day of__
day of__
,2005, by as
of and by
of
as Developer.
My Commission Expires:
Water Service Agreement Rancho Marana 154
Notary Public
13
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please attach the location map of the development behind this cover sheet.]
Water Service Agreement Rancho Marana 154
14
EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Water
Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's
offices. Applicant will provide engineering drawings of the Water Facility in AutoCAD
format and as-built drawings in .tif format. Such engineering drawings may be more
specifically described as follows:
[Please provide a detailed description of the Plans and Specifications including the date
and the code number of the Plans and the name of the Engineering firm, which
prepared the same.]
Water Service Agreement Rancho Marana 154
15
EXHIBIT "C"
PHASING ON-SITE WATER DISTRIBUTION SYSTEM
Phase I
1. Sixteen-inch (16") main on the eastside of Ora Mae Harn Park
west across the Park to Civic Center Loop at Lon Adams Road.
Extension of sixteen-inch (16") main at Barnett and Civic Center
Loop to south to Clark Farms Road, west on Clark Farms Road
across Sandario Road to the westerly most point of Developers
Property in Clark Farms Road.
Water Service Agreement Rancho Marana 154
16
EXHIBIT "D"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
[Please attach a line-by-line itemized breakdown of
The Estimated Cost of the Water Utility Facilities
to be installed in accordance with this Agreement
behind this cover sheet]
Please set forth the total expense the Developer/Applicant is to incur for the construction.
Water Service Agreement Rancho Marana 154
17
EXHIBIT "E"
ACTUAL COST OF WATER FACILITIES
[To be Attached Forthwith Upon Issuance of Same.]
Please set forth the total expense the Developer/Applicant is to incur for the construction.
Water Service Agreement Rancho Marana 154
18
EXHIBIT "F"
SYSTEM OVERSIZE AGREEMENT
Water Supply Lines:
Marana acknowledges that the line capacity requirement for the water
supply line required pursuant to section 2.1 (a) (i) of the Agreement, is
sixteen inches (16"). Marana agrees to refund to developer, pursuant to
Marana Town Code section 14-4-3 (B), the difference in the cost of the
sixteen-inch (16") diameter lines to be installed pursuant to sections 2.1 (a)
(i) and the twelve-inch (12") diameter line capacity requirements.
Marana agrees to establish an oversize recovery charge pursuant to
Marana Town Code section 14-4-3 (C), to be assessed upon "non-
participating property" benefiting from the oversize of the fill and supply
lines. Any oversize recovery charges levied pursuant to this paragraph 2
shall be paid to Developer pursuant to Town Code section 14-4-3 (C) as a
refund of the cost of constructing the oversize facilities as set forth in
paragraph 1 above.
Water Service Agreement Rancho Marana 154
19
T OWN C O U N C IL ~~\~
MEETING TOWN OF MARANA
INFORMATION ~ARANA '
MEETING DATE: January 18, 2005 AGENDA ITEM: IX. A. 3
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Frank Cassidy, Town Attorney
Resolution No. 2005-08: Relating to Elections; placing the refer-
endum on the Tortolita Vistas Specific Plan, Ordinance No.
2004.18, on the May 17, 2005, ballot and setting a deadline for re-
ceiving arguments for and against; authorizing the Town Clerk to
take all actions necessary for the preparation of the publicity
pamphlet relating to the referendum; and providing for removal
of this item from the ballot and cancellation of the arguments if
Ordinance No. 2004.26 goes into effect on February 4, 2005.
DISCUSSION
On January 4, 2005, the Town Council adopted Ordinance No. 2004.26, repealing the original
Tortolita Vistas Specific Plan adopting Ordinance (Ordinance No. 2004.18), which was the sub-
ject of a successful referendum petition. However, Ordinance No. 2004.26 does not go into ef-
fect until February 4, 2005, and could legally be the subject of its own referendum process. The
adoption of Resolution No. 2005-08 will accommodate placement of the original Tortolita Vistas
ordinance (Ordinance No. 2004.18) on the May 17, 2005 ballot if for some reason the repealing
ordinance does not go into effect as expected on February 4, 2005.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2005-08.
ATTACHMENT(S)
January 6, 2005 memorandum from Frank Cassidy to Jocelyn Bronson, explaining the effect of
Ordinance No. 2004.26 (Tortolita Vistas rezoning) on the Tortolita Vistas referendum.
Resolution No. 2005-08.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-08.
{00000477. DOC/} FJC/cds 1/12/05
MARANA
TOWN OF MARANA
MEMORANDUM
TO:
FROM:
liE:
Jocelyn Bronson, Town Clerk ////~..~ ~//~~ DATE: January 6, 2005
Frank Cassidy, Town Attorney?~;/~UF
Effect of Ordinance No. 2004//f6 (Tortolita Vistas Rezoning)
on Tortolita Vistas Referend(~fm
On January 4, 2005, the Marana Town Council adopted Ordinance No. 2004.26, repealing Ordinance
No. 2004.18, which had adopted the original Tortolita Vistas Specific Plan, and replacing the Tortolita
Vistas Specific Plan with a different Specific Plan containing significantly lower density and signifi-
cantly larger minimum lot sizes, among other things. Since Ordinance No. 2004.18 was the subject of
a successful referendum petition, you have asked for legal advice concerning the effect on Ordinance
No. 2004.26 on the pending referendum.
Upon the effective date of Marana Ordinance No. 2004.26, Ordinance No. 20004.18 is repealed and
the referendum is moot. Because Ordinance No. 2004.26 was adopted on January 4, 2005, and was
fully available immediately (the Mayor signed the Ordinance that night, and all documents that would
be necessary to mount a referendum effort on Ordinance No. 2004.26 were available at the conclusion
of the meeting), Marana Ordinance No. 2004.26 will become effective on February 4, 2005. As of
February 4, 2005, Marana Ordinance No. 2004.18 is repealed and the referendum becomes moot if no
referendum petitions have by that date been filed challenging Marana Ordinance No. 2004.26.
In 1982, the Arizona Attorney General issued Opinion No. 182-057 on nearly identical facts. There,
the Arizona Legislature had adopted a law which was the subject of a successful referendum petition.
Before the referendum petition was brought to a vote, the Arizona Legislature adopted a new law that
repealed the law that had been referred. Governor Rose Mofford then asked the Attorney General the
effect of the newly adopted law on the referendum. The Arizona Attorney General ruled that the adop-
tion of the new law mooted the referendum and made it unnecessary to include the referendum in ei-
ther the publicity pamphlet or on the ballot.
The Arizona Attorney General's opinion was based on the Arizona Supreme Court's decision in
McBride v. Kirby, 32 Ariz. 515, 260 P. 435(1927), which held that a legislative body retains jurisdic-
tion to act despite the filing of a successful referendum petition.
Do not hesitate to contact me if you need additional information.
{00000466.DOC/}
MARANA RESOLUTION NO. 2005-08
RELATING TO ELECTIONS; PLACING THE REFERENDUM ON THE TORTOLITA
VISTAS SPECIFIC PLAN, ORDINANCE NO. 2004.18, ON THE MAY 17, 2005, BALLOT
AND SETTING A DEADLINE FOR RECEIVING ARGUMENTS FOR AND AGAINST;
AUTHORIZING THE TOWN CLERK TO TAKE ALL ACTIONS NECESSARY FOR THE
PREPARATION OF THE PUBLICITY PAMPHLET RELATING TO THE REFERENDUM;
AND PROVIDING FOR REMOVAL OF THIS ITEM FROM THE BALLOT AND
CANCELLATION OF THE ARGUMENTS IF ORDINANCE NO. 2004.26 GOES INTO
EFFECT ON FEBRUARY 4, 2005.
WHEREAS, the Town has received a successful referendum petition on Marana
Ordinance No. 2004.18, the Tortolita Vistas Specific Plan; and
WHEREAS, the referendum would (absent the adoption of an ordinance setting a special
election) normally be placed on the next Town general election ballot, which in this case is on
May 17, 2005; and
WHEREAS, the Town has adopted Ordinance No. 2004.26, repealing Ordinance No.
2004.18; and
WHEREAS, Ordinance No. 2004.26 will go into effect on February 4, 2005, if it is not
the subject of a successful referendum; and
WHEREAS, the Town desires to accommodate the placement of the referendum on
Ordinance No. 2004.18 on the May 17, 2005 ballot and to set a deadline for receiving arguments
for and against the proposition in the event Ordinance No. 2004.26 does not go into effect.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The referendum on Marana Ordinance No. 2004.18, the Tortolita Vistas
Specific Plan, is hereby placed on the regular general election ballot of May 17, 2005.
SECTION 2. The Town Manager, Town Attorney, and Town Clerk are hereby directed
and authorized to take such actions as are necessary or desirable to comply with all applicable
laws and regulations relating to or necessary for the May 17, 2005 general election, including
without limitation any and all activities related to the preparation, printing, and distribution of
the publicity pamphlet and to the execution of contracts necessary for same.
{00000478.DOC/} FJC/cds 1/12/05
SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice
in the "Daily Territorial," notifying the public that arguments for and against the referendum
measure will be accepted by the Town Clerk no later than 5 P.M. on Wednesday, February 16,
2005.
SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of
money to offset a portion on the proportionate cost of the paper and printing of the arguments
received for and against the referendum measure, as provided in A.R.S. § 19-124(D).
SECTION 5. The Town Clerk is hereby directed and authorized to take such actions as
are necessary or desirable to remove the Tortolita Vistas Specific Plan referendum from the
May 17, 2005 general election ballot and to cancel the preparation of the publicity pamphlet and
receipt of arguments and when Ordinance No. 2004.26 goes into effect, provided that it goes into
effect on February 4, 2005 (the date it would go into effect if it is not the subject of a successful
referendum action).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18th day of January, 2005.
Mayor Bobby Sutton, Jr.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00000478.DOC/}
2 FJC/cds 1/12/05