HomeMy WebLinkAboutResolution 2005-048 agreement for construction of water facilities for gladden farms block 2
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: JLW
DEPUTY RECORDER
1541 AS2
DOCKET: 12547
PAGE: 2643
NO. OF PAGES: 14
SEQUENCE: 20050880767
05/06/2005
RES 16:14
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 12.50
MARANA RESOLUTION NO. 2005-48
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND
RICHMOND AMERICAN HOMES FOR CONSTRUCTION OF WATER FACILITIES
UNDER PRIVATE CONTRACT FOR GLADDEN FARMS BLOCK 2.
WHEREAS, Richmond American Homes intends to facilitate the development of property to
be called Gladden Farms Block 2 (the "Property"); and
WHEREAS, Richmond American Homes desires to arrange for the provision of water service
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, Richmond American Homes agrees to the construction of on-site 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 Water Facilities under Private Contract
between the Town of Marana and Richmond American Homes, 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 said Exhibit A for and
on behalf of the Town of Mar ana.
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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.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
3rd day of May, 2005.
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Herb Kai, Vice Mayor
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APPROVED AS TO FORM:
RSO 050419 Gladden Fanns Blœk 2 RSO 2005-48
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APM 05/03/2005
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TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT
THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana
Municipal Code, made and entered into this -3- day of ~ 2005, by and between the TOWN OF
MARANA, hereinafter called the Town, and RICHMOND ~CAN HOMES OF ARIZONA, INC, a
Delaware Corporation, hereinafter called the Applicant.
WITNESSETH:
WlŒREAS, the Applicant desires to install a water facility to provide service to the following
described parcel of land (Gladden Farms, Block 2-Cottonwood at Gladden Farms) described on Exhibit "A"
attached hereto; and
WHEREAS, the following special condition(s) applies to the above-described property only when so
indicated by an "X" next to the condition described below:
X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as
authorized by the Marana Municipal Water Code.
X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred
Dollars ($900.00).
WHEREAS, the required plans, specifications, and materials for said facility have been approved
by the Town; and
WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water
facility; and
WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town
Water System provided it meets Town standards and the work is done in accordance with Town
requirements.
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NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS
HEREBY AGREED AS FOLLOWS:
1. The Applicant shall design and install, at Applicant's own expense, a water facility in
accordance with Plan No. ENG-0412-004 and shall conform to the design standards of the
City of Tucson Water Department and the Town of Marana Municipal Water Code and
special specifications and details as approved by the Town and by this reference made a part
hereof. The document referenced herein as Plan No. ENG-0412-004 shall include a plan note
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GENERAL
for new water facility and any and all alterations to the existing water system and is included
herein as Exhibit "B."
2. The work permitted by this Agreement shall be done by a contractor properly licensed by the
State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to
perform work described herein in accordance with plans approved by the Town.
3. Before any service connections are made to the system herein permitted, the Applicant shall
pay to the Town the connection fees required by the Marana Municipal Water Code or any
other required fees referenced therein.
4. No service connections will be made until the system has been accepted by the Town in
accordance with the Marana Municipal Water Code.
5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of
frontage upon that main. The provision or existence of a water or other utility easement shall
not constitute frontage for purposes of this paragraph.
6. Meter application will be accepted only if the property to be served is fronting the waterline.
Only one water meter application will be allowed per legal description unless property owner
can provide the Town with justified plans as to what type of improvement/development is
taking place on the parcel of land. If a property owner applies for a meter while the property
is fronting the water main and later sells that portion of land which is fronting the water main,
the water meter will revert to the new owner unless other arrangements are made and are
approved by Engineering Support Services prior to conveyance.
7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to
complete the work herein permitted.
8. Execution of this Agreement certifies that the Applicant has reviewed the plans and
specifications, approved the location of service lines, and is in full accord therewith.
9. Projects that are inactive for more than one year will be canceled, along with the Construction
Agreement, if applicable. An unapproved plan will be canceled if more than one year has
passed since the last review and the plan has not been resubmitted. An approved plan will be
canceled if more than one year has passed since plan approval, and construction has not
begun.
II. ENGINEERING AND INSPECTION
1.
When the cost of construction is greater than Twelve Thousand Five Hundred Dollars
($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system
design and to layout and establish control lines and certify the layout according to the
approved plans.
2.
Any inspector authorized by the Town shall have full inspection authority over the work to be
performed hereunder.
The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full
information concerning the work. The work shall be subject to Town inspection at all times.
Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection
by the Town is for the purpose of ensuring compliance with plans and specifications only.
The Town makes no guarantee as to the safety or engineering soundness of plans prepared by
Applicant or any contractor.
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3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any
overtime, or during any hours other than a normal 40 hours in a work period, or on a legal
holiday as defined by the Town, the Applicant or the contractor shall compensate the Town
for any additional salaries, expenses or employee benefits relating to such overtime or holiday
work. Such additional inspection costs will be billed to the Applicant. A normal work period
shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an
eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday,
continuing in seven (7) day increments.
III. PRECONSTRUCTION PROCEDURE
1. The Applicant shall submit a written request to begin construction to the Town five (5)
working days prior to the time the work is to commence.
2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to
issuance of a construction permit.
3. No work shall commence until the Town has issued a construction permit which will specify
the starting date and a reasonable time for completion.
4. The work shall be commenced and carried on at such points and in such order as may be
directed by the Town.
5. Materials used in the construction shall be available for sampling and testing prior to being
used in the work. Materials that fail to meet Town specification shall be removed from the
site.
6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for
work permitted herein, pay all fees and comply with all laws, ordinances and regulations
relating to the work, public health and safety, and safety of Applicant's employees or
employees of Applicant's contractors.
IV. CONSTRUCTION
1. The Town shall be notified of the date upon which work shall be commenced.
2. The Applicant, or Applicant's designated agent, shall be present at all times during
performance of the work. The name of the designated agent and the contractor performing
the work shall be furnished to the Town before commencement of the work. Instructions
given the designated agent on the work site shall be deemed to have been given to the
Applicant.
3.
The Applicant shall employ only competent and efficient laborers, mechanics or artisans on
the work, and the Applicant agrees to perform the work diligently to complete the work on or
before the completion date given in the "Notice to Proceed."
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4.
The Applicant shall identify and locate all water valves prior to paving and set valve boxes to
final grade after paving.
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5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water
system either on-site or off-site necessitated by paving, drainage, or other improvements
caused by this development.
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6. The Applicant shall require the Contractor or subcontractor to comply with all safety
requirements of the Occupational Safety and Hazards Act as set forth by the Federal
Government and as implemented by the State of Arizona. The Applicant or Applicant's
contractor shall be solely responsible for all fmes or other penalties provided for by law for
any violations of the Occupational Safety Hazards Act.
V. INDEMNITY
1. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of
Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant
shall indemnifY, defend, and save harmless the Town, its Mayor and Council, officers and
employees, boards, committees and commissions from and against any loss, claim, suit,
demand, cause of action, or liability of any nature, including but not limited to damage to
property and injuries to persons, including death, arising or alleged to have arisen, in whole or
in part, out of any negligent act or omission of Applicant or any such contractor or any
subcontractor, or any person employed directly or indirectly, by any of them in the
performance of any work or operations pursuant to this Agreement.
VI. DEDICATION
I. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the
Town said water facility to be installed pursuant to this Agreement free and clear of all liens,
claims, charges or encumbrances upon final acceptance of said work by the Town.
2. The Applicant guarantees the work to be free from all failures due to poor workmanship or
materials for a period of two (2) years from the final acceptance date by the Town.
3. The Applicant shall not construct any utility, building, or other improvement that would
interfere with the operation or maintenance of the waterline or water facility to be installed
pursuant to this Agreement.
4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to
finish grade and that Applicant will remain responsible for raising/lowering said services as
required until the area described is fully developed.
5. The Town shall accept title to and take possession ofthe said facility upon completion of said
work to the satisfaction of the Town; and upon acceptance and approval of said work, the
town shall operate and service said facility.
THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties; provided however that Applicant may not assign this
Agreement without the prior written consent of the Town.
THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511.
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IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its
proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper
officers thereunto duly authorized, all as of the day and year first above written.
Richmond American Homes of Arizona Inc.
g Applicant
B~ ~ V.P. - Land Development
Signature Title
~LJ\L- '~tÆ1\(
Print Name
6840 North Oracle Suite 140
Street Address
Tucson. AZ 85704
City
State
Zip Code
STATE OF ARIZONA)
) SS.
COUNTY OF PIMA )
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. On this, the 1 day of ¡J~ ' 2005, before me personally appeared
-1Mtlf ¡J/ULJ d:IT.-' , known to me to be the persons who subscribed the foregoing instrument
and acknowledge that they executed the same for and on behalf of said person/corporation for the
purposes and considerations therein expressed.
. RHONDA L. RAY I'
Notary PublIc - Arizona
Pima Co..nfV
M{ Commission expires
· June 7. 2007
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Not Public {f
My Commission Expires: 7-u1.P "1, :;)00"7
THE TOWN OF MARANA
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APPROVED AS TO FORM
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EXHffiIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
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THIS
PROJECT
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SCALE: 3" = 1 MILE
UNSU8DJVJDED
LOCA TION MAP
RESUBDIVISION OF BLOCK 2 OF GLADDEN FARMS
BOOK 55, PAGE 60
PORTIONS OF SECTIONS 33 AND 34, TOWNSHIP 11 SOUTH, RANGE 11 EAST
GILA & SALT RIVER MERIDIAN,
TOWN OF MARANA, PIMA COUNTY, ARIZONA.
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EXHmIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
ON-SITE WATER FACILITY
TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility
Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide
engineering drawings of the On-Site Water Facility in electronic 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.]
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EXHffiIT "C"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
OFF -SITE WATER FACILITY
TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility
Plans. Copies of such engineering drawings may be reviewed at Marana's offices. 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.]
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EXHffiIT "D"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER
[Please slip a line by line itemized breakdown of
the Estimated Cost of the On-Site Water Facility
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.
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Gladden Farms, Block 2 - Cottonwood at Gladden Farms
DETAIL
DESCRIPTION DESCRIPTION QUANTI UNIT PRICE EXTENSION TOTAL
water System
8" C900 C1200 $ 25.85
6" C900 C1200 $ 26.55
4" C900 C1200 $ 24.35
8" valve, BOX &
Cover 15 $
6" valve, BOX &
Cover $
4" valve, Box &
Cover 1 $ 465.
Fire Hydrant
w/dip 3,125.00
2" Modified DVA 1,075.
2" DVA 1,210.
Restrained
Fittings 295.
1" Double
Service 855.
1" Single Service 675.
Install meter
boxes 60.15
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EXHffiIT "E"
ACTUAL COST OF
ON-SITE WATER FACILITIES
[To be attached at time of completion.]
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