HomeMy WebLinkAboutResolution 98-089 IGA for lower santa cruz replenishment projectMARANA RESOLUTION NO. 98-89
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROViNG AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CENTRAL ARIZONA CONSERVANCY DISTRICT, THE
PIMA COUNTY FLOOD CONTROL DISTRICT, AND THE TOWN OF MARANA FOR THE
DEVELOPMENT OF THE LOWER SANTA CRUZ REPLENISHMENT PROJECT.
WHEREAS, the Town of Marana has determined that it is in the public interest to participate
with the Pima County Flood Control District (District) and the Central Arizona Conservancy District
(CAWCD) in flood control projects within the Town, known as the Lower Santa Cruz
Replenishment Project - Phase I (LSCRP-I), which will be located in the Avra Valley sub-basin of
the Tucson Active Management Area; and
WHEREAS, pursuant to A.R.S. §11-952, the Town and District wish to enter into this
Intergovernmental Agreement, as approved by the Water Utility Advisory Committee, to provide
services, which include but are not limited to, the permit, design, construction, operation, and
maintenance of a constructed underground storage facilit~ to protect against possible flooding of the
lower Santa Cruz River into the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Town enter into the Intergovernmental Agreement attached hereto
between the Town of Marana, the Pima County Flood Control District, and the Central Arizona
Conservatory District for the development of the Lower Santa Cruz River Flood Control Levee
Project.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
18th day of August, 1998.
Mayor ORA MA~,~HAR~
ATTEST:
APPt~O.O.O~D AS TO FORM:
Town Attorney
Marana, Arizona Resolution No. 98-89 Page 1 of 1
F. ANN RODRIGUE2?, RECORDER
RECORDED BY: RBJ
DEPUTY RECORDER
2234 ROOE
P1600
PIMA CO DEPT TRANSPORTATION
PICK UP
TUCSON AZ 85701
DOC 10935
p PAGE: 561
'o NO. OF PAGES: 53
4 SEQUENCE: 19982120198
12/03/98
10:54
AG
PICKUP
AMOUNT PAID $ 0.00
SUSAN LEE WHITTEMORE, CLA
REAL PROPERTY DIVISION
PIMA COUNTY DEPARTMENT OF TRANSPORTATION AND FLOOD CONTROL DISTRICT
201 N STONE 6TH FLOOR
TUCSON AZ 85701
DOCUMENT TITLE:
LOWER SANTA CRUZ REPLENISHMENT PROJECT
INTERGOVERNMENTAL AGREEMENT
Docunent.tiL,
0 9 3 561
T C' T
LOWER SANTA CRUZ REPLENISHMENT
INTERGOVERNMENTAL AGREEME
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PARTIES:
This Intergovernmental Agreement is made and entered into on the 6th day
of - October 1998, among the CENTRAL ARIZONA
WATER CONSERVATION DISTRICT ("CAWCD"), the PIMA COUNTY FLOOD
CONTROL DISTRICT ("District") and the TOWN OF MARANA ("Marana").
RECITALS:
2.1 CAWCD is a political subdivision of the State of Arizona, organized and
existing pursuant to A.R.S. § 48-3701, et seq. The District is a political
subdivision of the State of Arizona, organized and existing pursuant to
A.R.S. § 48-3601, et seq. Marana is a political subdivision of the State of
Arizona, organized and existing pursuant to A.R.S. § 9-231, et seq.
2.2 CAWCD, the District and Marana desire to enter into this
Intergovernmental Agreement to provide for the permitting, design,
construction, operation and maintenance of a constructed underground
storage facility to be known as the Lower Santa Cruz Replenishment
Project - Phase I ("LSCRP-1").
2.3 The LSCRP-I will be located in the Avra Valley sub-basin of the Tucson
Active Management Area within the Town of Marana. More specifically,
the LSCRP-I will be located within a portion of Section 3, Township 12
South, Range 11 East, G&SRB&M, Pima County, Arizona, which lies
north of Avra Valley airport and southwest of the Santa Cruz River. A
map showing the general location of the LSCRP-I it attached as Exhibit A.
2.4 CAWCD, the District and Marana have filed a joint application for a
Constructed Underground Stora e Faci-lit _PermJt12r_tb_e_?SCRP-I with
the Arizona Department of V?`ater R?.s i ourc
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e ?
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i o935 562
2.5 The District has completed certain tasks relative to the planning,
permitting and design of the LSCRP-I. The Parties intend that the District
will complete the design work for the LSCRP-1 and will construct the
LSCRP-I in accordance with this Agreement. The Parties also intend that
CAWCD will reimburse the District for certain design and construction
costs of the LSCRP-1 from Account A of the state water storage fund
established in A.R.S. § 45-897.01, not to exceed One Million Three
Hundred Fifty Eight Thousand Dollars ($1,358,000), unless agreed to in
writing by the Parties. Furthermore, the Parties intend that concurrent
with the execution of this Agreement, the District will grant to CAWCD an
easement, (the "Facility Easement"), which will become effective upon
Final Acceptance. The Facility Easement will give CAWCD all rights to
enter upon, control, operate and maintain the LSCRP-I for its intended
purpose. CAWCD will operate and maintain the LSCRP-I as a State
Demonstration Recharge Project in accordance with A.R.S. § 45-891.01,
et seq.
2.6 The Parties intend that the total reimbursement to be paid to the District
by CAWCD under this Agreement shall not exceed a total of One Million
Three Hundred Fifty Eight Thousand Dollars ($1,358,000). The Parties
further agree that, of this $1,358,000, CAWCD's reimbursement to the
District for design costs shall not exceed Seventy Two Thousand Dollars
($72,000), CAWCD's reimbursement to the District for the costs of the
Levee Contract shall not exceed Five Hundred Seventy Six Thousand
Dollars ($576,000), CAWCD's reimbursement to the District for the costs
of the Storage Facility Contract shall not exceed Four Hundred Sixty
Thousand Dollars ($460,000), and CAWCD's reimbursement to the
District for permitting costs shall not exceed Two Hundred Fifty Thousand
Dollars ($250,000).
2.7 The District intends to construct the Lower Santa Cruz River Flood Control
10935 564
Levee (the "Levee") in the vicinity of the LSCRP-1. A
excavated for the construction of the LSCRP-1 will be
rtion of the soil
as construction
material for the Levee. The construction of the LSCRP41 will therefore be
accomplished under two separate construction agreements. The "Levee
Contract" will include as part of the construction of the Levee all clearing,
grubbing, excavation of basins, construction of berms and installation of
inter-basin piping at the LSCRP-I site. The "Storage Facility Contract" will
include all remaining construction necessary to complete the LSCRP-1.
3. AGREEMENT:
In consideration of the mutual and dependent covenants and agreements
contained in this Agreement, and other good and valuable consideration, the
Parties agree as follows:
4. DEFINITIONS:
As used in this Agreement, the following terms, when capitalized, have the
following meanings:
4.1 ADWR: The Arizona Department of Water Resources.
4.2 AVAILABLE OPERATING CAPACITY: The annual am:)unt of water, in
acre-feet, that can be legally and physically stored in th LSCRP-1, as
determined by CAWCD. The capability of the LSCRP-1 to store water may
change due to factors which may include, but are not li ited to, operating
conditions in the LSCRP-1 and the CAP, the downtime necessary for
maintenance and repairs of the LSCRP-1, and operational requirements
described in the Permit.
4.3
BETTERMENTS: Any change in the design and/or construction of an
element of the LSCRP-1 resulting from the application of standards
requested by CAWCD that the District determines exceed standards the
District would otherwise apply for accomplishing the design and/or
construction of that element.
4.4 CONTRACT DOCUIVIENTS:, The Contract Documents
3
935 565
include the
advertisement for bids, the bid documents, the Storage Facility Contract,
the payment and performance bonds, the standard and supplemental
specifications, the special provisions, the project plans, the standard
details and any supplemental agreements or change orders that are
required to complete the construction of the LSCRP-1. When used in this
Agreement, the term "Contract Documents" refers to the above-described
documents, which are associated with the Storage Facility Contract only.
This term does not encompass the documents associated with the Levee
Contract.
4.5 CONTRACTOR: The individual or entity awarded the Storage Facility
Contract.
4.6 FACILITY EASEMENT: The easement granted by the District to CAWCD
for access, control and management over the area required for the
LSCRP-1 basins and the delivery system located on District property.
4.7 FINAL ACCEPTANCE: The date on which the Work is sufficiently
complete in compliance with the Contract Documents and in a manner
that CAWCD can utilize the LSCRP-I for its intended purposes.
4.8 LEVEE CONTRACT: The written agreement between the District and the
contractor who is awarded the contract for construction of the Levee.
4.9 PARTY/PARTIES: Any one or all of the parties to this Agreement.
4.10 PERMIT: The Constructed Underground Storage Facility Permit issued
by the Arizona Department of Water Resources for the LSCRP-1 facility,
permit number 71-561366.
4.11 PROGRESS SCHEDULE: The schedule submitted by the Contractor to
the District showing the order in which the Contractor proposes to carry
out the Work, the dates on which the Contractor and the subcontractors, if
any, will start the salient features of the Work, including procurement of
materials, equipment, etc., the furnishing of drawings, plans and other
data required by the Storage Facility Contract, and the contemplated
10935 566
dates for the completion of the salient features of the Work.
4.12 STORAGE FACILITY CONTRACT: The written agreement between the
District and the Contractor selected to construct the LSCRP-1, setting forth
the obligations of the District and the Contractor for, among other things,
the performance of the Work and the furnishing of labor and materials for
construction of the LSCRP-1.
4.13 UNCONTROLLABLE FORCES: Any cause beyond the control of the
Party affected, including but not limited to the failure or threatened failure
of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot,
civil disturbance or disobedience, labor dispute, labor or material
shortage, sabotage, restraint by court order or public authority, and action
or non-action by or failure to obtain the necessary authorizations or
approvals from any governmental agency or authority not a Party to this
agreement, which by exercise of due diligence such Party could not
reasonably have been expected to avoid and which by exercise of due
diligence it shall be unable to overcome. Nothing contained herein shall
be construed to require a Party to settle any strike or labor dispute in
which it is involved. Any Party rendered unable to fulfill any of its
obligations under this Agreement by reason of an Uncontrollable Force
shall give prompt written notice of such fact to the other Parties and shall
exercise due diligence to remove such inability.
4.14 WELL LICENSE: The license granted by the District to CAWCD for the
installation and operation of monitor or piezometer wells located on
District property at points outside the Facility Easement area.
4.15 WORK: The furnishing of all labor, materials, equipment and other
incidentals necessary or convenient to the successful completion of the
LSCRP-I and the carrying out of all duties and obligations imposed by the
Contract Documents. When used in this Agreement the term "Work"
refers only to the Work required under the Storage Facility Contract.
5 6 7
i i 0935
5. TERM:
6.
This Agreement shall become effective upon signature of all P rties and shall
remain in effect for a period of 25 years from the effective date , unless the
Agreement has been terminated pursuant to Section 7.4, 9.3, 17, 24, 25 or
extended pursuant to Section 26.
PERMITS, CLEARANCES AND AGREEMENTS:
The Parties are currently aware that the following permits, clea rances and/or
agreements will be required for construction and/or operation of the LSCRP-1:
6.1 Constructed Underground Storage Facility Permit: The Parties have filed
a joint application for a Constructed Underground Stora ge Facility Permit
with ADWR and shall cooperate with each other and AD WR to secure
issuance of the Permit. Within forty-five (45) days of Fi nal Acceptance of
the LSCRP-1, the Parties shall make the necessary app lication to ADWR
to have the District and Marana removed from the Perm it.
6.2 Floodplain Use Permit: The District shall be responsibl e for obtaining a
Floodplain Use Permit from Marana. Marana shall assi st the District in
acquiring this permit, and shall waive any and all fees a ssociated with the
issuance of this permit.
6.3 Section 404 Permit: A Section 404 Permit will be requir ed for
establishment of a haul road through the LSCRP-l site. The Army Corps
of Engineers has issued this permit to the District for co nstruction of the
Lower Santa Cruz River Flood Control Levee. The Part ies understand
that no additional 404 permit will be required for constru ction of the
LSCRP-l.
6.4 NPDES Permit: The District shall be responsible for obtaining the
required NPDES Permit from the Arizona Department of Environmental
Quality.
6.5 Arizona State Historical Preservation Office ("SHPO") Archeological
Clearance: The District has completed the archeologic3l investigation of
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I -?O 9 3 5 568
the LSCRP-I site, and SHPO has issued the necessary clearance.
6.6 Native Plant Protection Clearance: The District shall be responsible for
obtaining the necessary Native Plant Protection Clearances from the
Arizona Department of Agriculture. Marana shall waive all similar
clearances required by the Marana Planning Department.
6.7 Water Storage Permit: Any Party intending to store water at the LSCRP-I
shall be responsible for obtaining its own Water Storage Permit from
ADWR.
6.8 Excavation Permit: The District shall be responsible for obtaining an
Excavation Permit from Marana prior to commencing excavation of the
LSCRP-I basins. Marana shall assist the District in obtaining this permit
and shall waive any fees associated with the issuance of this permit.
6.9 Water Transportation Agreement: CAWCD shall be responsible for
negotiating and executing a Water Transportation Agreement with B.K.W.
Farms, Inc., for the delivery of water from the CAP canal to the LSCRP-I
7. DESIGN:
7.1 The District has issued a request for qualifications for engineering
services for design of the LSCRP-I. The District has awarded the contract
for design of the LSCRP-I to EIVICON.
7.2 The District shall provide 95% complete design plans to CAWCD for
review and comment upon receipt of the plans from EMCON. CAWCD
shall have thirty (30) days to review the plans and submit comments to the
District. Upon request from CAWCD, the District shall arrange a meeting
to discuss CAWCD's comments concerning the design plans. The District
agrees that CAWCD's comments regarding any aspect of the 95%
complete design plans will be fully addressed before EIVICON is
authorized to prepare the final (100%) construction drawings and
documents.
7.3 The District shall provide the final (100%) construction drawings, the
10935 569
project specifications and bid documents to CAWCD for review upon
receipt of the documents from EMCON. CAWCD shall have thirty (30)
days to review these documents and submit comments to the District.
Upon request from CAWCD, the District shall arrange a meeting to
discuss CAWCD's comments concerning the final construction drawings,
the project specifications and/or the bid documents. The District agrees
that CAWCD's comments regarding any aspect of the final construction
drawings, project specifications and/or bid documents will be fully
addressed before the District prints the specifications and solicits bids for
the Storage Facility Contract. If CAWCD requires design or construction
plan modifications or improvements (Betterments) that increase the
design or construction costs of the LSCRP-l, CAWCD shall be responsible
for such increased costs and the Parties shall amend this Agreement to
reflect CAWCD's responsibility for such increased costs.
7.4 Upon completion of the final (100%) construction drawings, the District
shall require EMCON to prepare a revised cost estimate for construction
of the LSCRP-l. If the revised cost estimate indicates that total
construction costs of the LSCRP-I (which costs shall include the costs of
the Levee Contract allocable to the LSCRP-I and the costs of the Storage
Facility Contract) will exceed One Million Thirty Six Thousand Dollars
($1,036,000), CAWCD and the District shall discuss how they propose to
allocate the excess construction costs, or modify the design plans to
reduce the anticipated construction costs. If the District and CAWCD
agree on a method for allocating such excess construction costs, the
Parties shall amend this Agreement, if necessary, to reflect the revised
allocations. If the District and CAWCD cannot agree'on a method for
allocating such excess construction costs, then either the District or
CAWCD may terminate this Agreement upon written notice to the other
Parties to this Agreement. Termination shall be effective thirty (30) days
u') 3 5 570
after receipt of notice. .
7.5 If this Agreement is terminated pursuant to Section 7.4, all Parties shall be
relieved of all costs and liabilities under this Agreement; and the District
shall reimburse CAWCD for all monies paid to the District by CAWCD
pursuant to this Agreement. Provided, however, the District shall be
entitled to retain One Hundred Sixty One Thousand Dollars ($161,000) of
the monies advanced to the District by CAWCD under this Agreement, as
consideration for the District's services up to the date of termination. If
CAWCD has not advanced at least One Hundred Sixty Thousand One
Dollars ($161,000) to the District as of the date of termination of this
Agreement pursuant to Section 7.4, then CAWCD shall pay the District
that amount of money necessary to make to total amount of money paid
by CAWCD to the District under this Agreement equal to One Hundred
Sixty One Thousand Dollars ($161,000).
8. CLEARING, GRUBBING AND EXCAVATION:
8.1 The District shall be responsible for clearing and grubbing the LSCRP-I
site. The District shall also be responsible for excavating the basins for
the LSCRP-I. The District will accomplish these tasks through the Levee
and Storage Facility Contracts. In soliciting bids for the contracts, the
District will utilize the final construction drawings approved by the District
and CAWCD pursuant to Section 7 of this Agreement.
8.2 The District shall be responsible for all costs of the Levee Contract.
CAWCD shall reimburse the District for a portion of the costs of the Levee
Contract in accordance with Section 12 of this Agreement.
9. CONTRACT DOCUMENTS; CONSTRUCTION BIDDING; CONTRACT:
9.1 The District shall prepare the Storage Facility Contract to be entered into
between the District and the Contractor. The Standard Specifications for
Public Improvements, Pima County/City of Tucson, 1994 Edition shall be
a part of the Storage Facility Contract. CAWCD shall have an opportunity
10935 57 1
to review the Storage Facility Contract prior to the District's solicitation for
bids. The District shall name CAWCD as a third party beneficiary in the
Storage Facility Contract.
9.2 The District shall solicit bids for the Storage Facility Contract utilizing the
final construction drawings and project specifications approved by the
District and CAWCD, the standard bid documents utilized by the District
and the Storage Facility Contract referred to in Section 7.1 of this
Agreement. To the extent that there is a conflict between the District's
standard bid documents and the Storage Facility Contract, the provisions
of the Storage Facility Contract shall prevail, and the District shall so
indicate in its bid documents.
9.3 The District shall allow CAWCD to review the bids submitted for the
Storage Facility Contract prior to awarding the contract. If the bid of the
lowest responsible and qualified bidder is less than or equal to Four
Hundred Sixty Thousand Dollars ($460,000), the District shall award the
Storage Facility Contract. If the bid of the lowest responsible and qualified
bidder exceeds Four Hundred Sixty Thousand Dollars ($460,000), the
District and CAWCD shall determine whether to proceed with the Storage
Facility Contract. If the District and CAWCD agree on a method for
allocating the additional construction costs, the Parties shall amend this
Agreement to reflect the revised costs and the District shall execute the
Storage Facility Contract with the selected Contractor. If the District and
CAWCD cannot agree on a method for allocating such excess
construction costs, then the District or CAWCD shall terminate this
Agreement upon written notice to the other Parties to this Agreement.
Written notice of termination must be given within thirty (30) days of notice
by either the District or CAWCD that it cannot agree on a method for
allocating excess construction costs. Termination shall be effective thirty
(30) days after receipt of such notice of termination.
10
10935 572
9.4 If this Agreement is terminated pursuant to Section 9.3,
relieved of all costs and liabilities under this Agreement;
shall reimburse CAWCD for all monies paid to the Distri
all Parties shall be
and the District
by CAWCD
under this Agreement. Provided, however, the District lohoaoll be entitled to
retain One Hundred Sixty One Thousand Dollars ($161 ) of the
monies advanced to the District by CAWCD under thisAgreement, as
consideration for the District's services up to the date
10. CONSTRUCTION ADMINISTRATION:
The District shall provide administration for the construction of
set forth below.
such termination.
the LSCRP-I as
10.1 The District's Project Manager shall be in daily attenda ce on site during
construction. The Project Manager shall be familiar with the progress and
quality of the Work completed and shall ascertain if the Work is being
performed in accordance with the Contract Documents. The Project
Manager shall also determine the date of Final Acceptance, and shall
notify CAWCD in writing of such date. The District shall provide other
employees and consultants as are necessary to provide for inspection,
surveying and materials testing services.
10.2 The District shall hold a preconstruction conference
and shall notify CAWCD of the date, time and place of
conference. Following the Contractor's submittal of thi
Schedule at the preconstruction conference, the D
copy of the schedule and the District's comments to
10.3 The District shall submit copies of the Project Ma
CAWCD on a weekly basis and shall submit a
indicating the general progress of the Work and wheth
proceeding on schedule. The Project Manager shall ir
the time and place of all weekly meetings between the
and the Contractor so that CAWCD personnel may aft
11
i the Contractor
he preconstruction
Progress
shall provide a
,WCD.
s daily logs to
(report to CAWCD
r the Work is
brm CAWCD of
:)roject Manager
nd at their
10935 573
discretion. The District shall immediately notify CAWC1
that arise during construction, which may result in a sul
the Scope of Work of the Storage Facility Contract.
10.4 CAWCD shall have access to the construction site for t
observing construction progress upon notice to the Pro
CAWCD's intention to visit the site.
11. FINAL ACCEPTANCE:
11.1 An inspection of the LSCRP-I facility shall be cond
1 of any problems
stantial change in
purpose of
Manager of
by the District
following notification from the Contractor that the Work is substantially
completed. The District shall notify CAWCD when the Work is
substantially completed and provide CAWCD the oppoi tunity to inspect
and comment on the completed Work. The District sha ll submit a list of
items of work to be completed and deficiencies to be co rrected ("Punch
List") to the Contractor following completion of the insp ection. The District
shall furnish a copy of the Punch List to CAWCD. Upo notification from
the Contractor to the District that all Punch List items h ve been
completed or corrected, the District shall conduct a foil w-up inspection to
verify completion of the Punch List.
11.2 Prior to issuance by the District of the Certificate of Final Acceptance, the
Contractor shall conduct testing and initial start-up of the LSCRP-I.
CAWCD shall be responsible for providing sufficient amounts of water to
the facility for the testing and start-up phase. If testing and initial start-up
of the LSCRP-I reveal materials or workmanship not in conformance with
the Contract Documents, District shall notify the Contra ctor of any
materials or workmanship which must be corrected to c onform with the
Contract Documents. The Contractor shall correct any materials or
workmanship, which must be corrected to conform with the Contract
Documents as identified by District. District shall be
costs of any re-testing necessary to demonstrate satis
12
ible for the
ry correction of
10935 574
such materials or workmanship. On satisfactory completion of the Work,
the District shall furnish the Contractor with a Certificate of Final
Acceptance indicating acceptance of the Work and shall notify CAWCD of
the date.
12
11.3 Upon issuance of the Certificate of Final Acceptance, CAWCD may begin
operating the LSCRP-1 pursuant to the Facility Easeme t. The Facility
Easement shall give CAWCD all rights to enter upon, control, operate,
and maintain the LSCRP-I facility for its intended purpose. Upon
operation of the LSCRP-1, CAWCD shall assume all risk, of loss or
damage to the LSCRP-l facility.
REIMBURSEMENT OF COSTS:
12.1 Reimbursement of Development and Permitting Costs: CAWCD shall
reimburse the District for the costs of project development and permitting
in an amount not to exceed Two Hundred Fifty Thousand Dollars
($250,000). The District shall submit an invoice to CAWCD for
reimbursement of project development and permitting costs upon
execution of this Agreement. CAWCD shall pay fifty percent (50%) of the
amount of this invoice within 30 days of receipt, and CAWCD shall pay the
balance of this invoice within 30 days of award of the Storage Facility
Contract.
12.2 Reimbursement of Design Costs: CAWCD shall reimbi
the costs of EIVICON's design services in an amount nc
Seventy Two Thousand Dollars ($72,000). The District
invoice to CAWCD for reimbursement of EIVICON's des
execution of this Agreement. CAWCD shall pay fifty PE
amount of this invoice within 30 days of receipt, and C/
balance of this invoice within thirty (30) days of award
Facility Contract.
12.3 Reimbursement of Excavation and Berm Construction,
13
rse the District for
to exceed
shall submit an
ign services upon
rcent (50%) of the
?WCD shall pay the
the Storage
: CAWCD
10935 575
shall reimburse the District for excavation and berm construction costs in
an amount not to exceed Five Hundred Seventy Six Thousand Dollars
($576,000). The District shall submit an invoice to CAWCD for
reimbursement for excavation costs upon award of the Storage Facility
Contract. CAWCD shall pay Four Hundred Thirty Two housand Dollars
($432,000) of this invoice within thirty (30) days of receipt. CAWCD shall
pay the balance of this invoice within thirty (30) days of the date of Final
Acceptance.
12.4 Reimbursement of Construction Costs: CAWCD shall?reimburse the
District for construction costs under the Storage Facili
amount not to exceed Four Hundred Sixty Thousand I
The District shall submit monthly invoices to CAWCD
of construction costs, and CAWCD shall pay the full a
invoice to the District, in accordance with Section 13 (
12.5 Betterments: CAWCD shall reimburse the District for
constructon costs of any and all Betterments req
District shall itemize and include the cost of Betterme
submitted to CAWCD pursuant to Sections 12.2, 12.3
13. PAYMENT:
Contract in an
)Ilars ($460,000).
r reimbursement
nt of each
this Agreement.
ie design and
by CAWCD.. The
s in the invoices
12.4 above.
13.1 Within sixty (60) days after the District makes its initial progress payment
to the Contractor under the Storage Facility Contract, nd within thirty (30)
days after each succeeding progress payment by the
Contractor under the Storage Facility Contract, the Di!
invoice to CAWCD requesting reimbursement for eacl
Each invoice shall be in an amount equal to the progri
by the District to the Contractor for the previous m6ntl
13.2 Each invoice shall be accompanied by the following d
documents evidencing that the District made the prog
which it is requesting reimbursement, and the amount
14
istrict to the
shall submit an
progress payment.
payment made
cuments: (a)
3ss payment for
of such payment;
10935 576
and (b) a copy of the request for payment, the backup ata supporting
such request and the certificates submitted by the Con ractor.
13.3 Within thirty (30) days after the District makes final pay ent to the
Contractor, the District shall submit an invoice to CAWCD requesting
reimbursement for said final payment. The invoice requesting
reimbursement for the final payment shall be accompa ied by the
following documents: (a) a copy of the certificate of Fin al Acceptance
required in Section 11 of this Agreement; (b) a copy of all lien releases
submitted by the Contractor (c) a copy of the Contractc: r's request for final
payment and any backup data, certificates or other doc uments submitted
with the Contractor's request for final payment.
13.4 CAWCD shall pay invoices submitted in accordance with this Section,
within thirty (30) days of receipt of each invoice.
14. FINAL ACCOUNTING:
14.1 Upon Final Acceptance, the District shall conduct a final accounting and
furnish CAWCD with the results of the final accounting? The final
accounting shall determine the total project costs incur -ed and the total
contribution made by CAWCD as of the date of the final accounting. In
the event the final accounting shows the total contribut on by CAWCD is
less than its required reimbursement for project costs s expressed in
Section 12 of this Agreement, the District shall submit n invoice to
CAWCD for the remaining amount of CAWCD's required reimbursement.
CAWCD shall pay the full amount of the invoice within thirty (30) days of
receipt of the invoice. In the event the final accounting shows the total
contribution made by CAWCD is greater than CAWCD?s required
reimbursement for project costs as expressed in Se'cti n 12 of thi
Agreement, the District shall refund to CAWCD the amount in excess of
CAWCD's required reimbursement as defined by this Agreement.
15
10935 577
15. FACILITY EASEMENTMELL LICENSE:
16
17
The District shall grant to CAWCD, concurrent with the execut
Agreement, a Facility Easement for access, control and manai,
area required for the LSCRP-I basins and delivery system loc,,c
property. The form of Facility Easement is attached hereto a,,:
Facility Easement shall be effective upon Final Acceptance; it
concurrent with this Agreement and shall be terminated or exi
accordance with this Agreement. On or before the date of Fir
District shall grant to CAWCD a Well License for the installati(
monitor or piezometer wells located on District property at
:)n of this
lement over the
ted on District
Exhibit B. The
;hall exist
,nded in
al Acceptance, the
i and operation of
ts outside of the
Facility Easement area. The form of Well License is attached? hereto as Exhibit
C. The Well License shall be effective upon Final Acceptance; it shall exist
concurrent with this Agreement and shall be terminated or extended in
accordance with this Agreement.
OPERATION OF LSCRP-11:
Upon the date of Final Acceptance, CAWCD shall be solely r sponsible for the
operation, control and maintenance of the LSCRP-I. The LSQRP-I shall be
operated as a State Demonstration Recharge Facility pursua
891.01, et seq. If either Marana or the District stores water a
shall assume liability for water quality degradation caused by
LSCRP-1, as set forth in any lease agreement executed by
Marana for lease of storage capacity at the LSCRP-1.
DESTRUCTION/RECONSTRUCTION OF THE LSCRP-I:
From the date of Final Acceptance forward, CAWCD may at
or reconstruct the LSCRP-I in the event of damage to or dess
LSCRP-I during the term of this Agreement. If CAWCD elec
reconstruct the LSCRP-1, this Agreement, the Facility Easem
License shall be terminated, and all improvements shall be d
accordance with Section 21 of this Agreement.
16
t to A.R.S. § 45-
the LSCRP-1, it
use of the
r the District or
-.s discretion repair
-uction of the
not to repair or
t and Well
posed of in
10935 578
18. OPTION TO LEASE STORAGE CAPACITY:
18.1 Each year, during the term of this Agreement, the Distr ct shall have the
option to lease storage capacity at the LSCRP-1. The maximum annual
amount of LSCRP-I storage capacity that the District may lease during
each of these years shall be equal to 10% of the Available Operating
Capacity. If the District desires to exercise its option f(
it shall submit written notice to CAWCD indicating the ?
storage capacity that it desires to lease for the followin
shall submit this written notice to CAWCD by October
year. If the District exercises this option, the District a
negotiate a lease agreement with terms similar to thoi
agreement attached hereto as Exhibit D. The District
option granted in this Section to a third party. Further,
exercises its option to lease storage capacity in a parti
not sub-lease these rights to a third party. In any year
declines or fails to exercise its option, the LSCRP-I stc
r a particular year,
mount of LSCRP-I
I year. The District
of the then current
d CAWCD shall
? in the lease
iay not assign the
f the District
?ular year, it may
/vhere the District
capacity that
would have been available to the District reverts to CAWCD for its own
use or for lease to a third party.
18.2 Each year, through the year 2003, Marana shall have tl
storage capacity at the LSCRP-I. The maximum annw
LSCRP-1 storage capacity that Marana may lease durir
shall be equal to 1% of the Available Operating Capaci,
desires to exercise its option for a particular year, it shE
notice to CAWCD indicating the amount of LSCRP-I st(
it desires to lease for the following year. Marana shall
notice to CAWCD by October 1 of the then current yea
exercises this option, Marana and CAWCD will negotia
agreement with terms similar to those in the lease agrE
hereto as Exhibit D. Marana may not assign the optior
17
10935 579
ie option to lease
il amount of
g each of these
.y. If Marana
ill submit written
)rage capacity that
5ubmit this written
.. If Marana
te a lease
ement attached
granted in this
Section to a third party. Further, if Marana exercises its
storage capacity in a particular year, it may not sub-lew
third party. In any year where Marana declines or fails 1
option, the LSCRP-I storage capacity that would have b
Marana reverts to CAWCD for its own use or for lease t
19. RECOVERY OF STORED WATER WITHIN MARANA'S
option to lease
e these rights to a
:) exercise its
-en available to
) a third party.
N LIMITS:
Should CAWCD or the District develop plans to recover storage credits accrued
at the LSCRP-I from within Marana's town limits, CAWCD and the District agree
to include and consult with Marana in writing throughout the recovery plan
development process, and to consider utilizing wells owned b arana and/or
the Cortaro Marana Irrigation District to recover such credits. AWCD agrees to
include such a consultation requirement in any lease of storage capacity at the
LSCRP-1. Further, CAWCD and the District agree to include such a consultation
requirement in any assignment of their long-term storage credits accrued at the
LSCRP-1.
20. DATA SHARING AND ACCESS TO MONITOR WELLS:
20.1 The Parties shall measure water levels and analyze water quality
constituents as set forth in the Permit. The Parties shall exchange water
level measurement and water quality information as needed to fulfill
permit requirements. Each Party shall provide the other Parties the
opportunity to collect duplicate samples or observe sample collection and
water level measurement, upon request.
20.2 In the event the Marana retires, modifies or replaces aWell used in the
LSCRP-1 monitoring system from the potable use Marana shall cooperate
with CAWCD in requesting that the Permit be amendec to reflect the
changed circumstances.
20.3 The District shall make all reasonable efforts to continue Pima County's
monitoring of wells listed in the Permit. In the event that Pima County's
monitoring wells are retired, modified or replaced, the District shall
18
IU935 580
cooperate with CAWCD in requesting the Permit be amended to reflect
the changed circumstances.
20.4 CAWCD shall provide the District and Marana copies of its quarterly and
annual reports filed with ADWR as required by the Constructed
Underground Storage Facility Permit.
20.5 If requested by the District at any time during the term of this Agreement,
CAWCD shall install one (1) piezometer well in the area between the
LSCRP-I site and the Tangerine Road Landfill for the purpose of
monitoring water level information in that vicinity. Upon installation of the
well, CAWCD shall utilize the well to take periodic water level readings
and provide the water level data to the District on a regular basis
21. DISPOSITION OF IMPROVEMENTS UPON EXPIRATION OF AGREEMENT:
21.1 Upon expiration or termination of this Agreement, CAWCD shall prepare
an inventory of the improvements associated with the LSCRP-I. Such
improvements may include, but are not limited to, flow measuring devices,
flow distribution structures, water treatment equipment, monitor and
piezometer wells, data acquisition equipment, fencing, gates and storage
buildings. CAWCD shall conduct an accounting of such improvements to
estimate their value.
21.2 The District shall have the option of purchasing any or all of the
improvements at a price to be negotiated between the District and
CAWCD upon expiration or termination of this Agreement. If the District
declines to purchase any improvement, CAWCD may remove any
improvements at its own expense. All improvements not removed by
CAWCD within ninety (90) days of termination or expiration of this
Agreement shall become the property of the District.
22. LIABILITY:
22.1 Each Party shall assume liability for its own negligence and shall
indemnify, defend and hold harmless the other Parties against any
19
10935 581
damages the non-negligent Parties incur as a result of the negligent
Party's action or inaction.
22.2 The obligation to indemnify under this Section shall extend to the
indemnitee's share of any deductible under any applicable insurance
coverage.
22.3 The obligations set forth in this Section shall survive expiration or
termination of this Agreement, and shall remain in full force and effect.
23. INSURANCE:
When requested by a Party, each Party shall provide proof to the requesting
Party of its worker's compensation, automobile liability, property damage, and
general liability coverage or program of self-insurance, and each Party shall
notify the other Parties of any change of coverage during the term of this
Agreement.
24. TERMINATION:
24.1 For cause. A Party may terminate this Agreement for material breach of
the Agreement by any other party. Prior to termination under this
paragraph, the Party claiming the default shall give written notice to the
Party allegedly in default of the nature of the default claimed. The Party
said to be in default shall have thirty (30) days from the date of receipt of
the written notice to cure the alleged default. If the default is not cured
within that time, the Party claiming the default may terminate this
Agreement. Termination under this paragraph shall not relieve any Party
from liabilities or costs incurred under this Agreement prior to its
termination.
24.2 Change in Site Conditions. In the event that there is a material change in
site conditions, caused by flooding, where the LSCRP-I is to be or is being
constructed during the period between execution of this Agreement and
the date of Final Acceptance, and if such material change in site
conditions prevents proceeding with construction of the LSCRP-I as
20
I ftq35 582
originally intended, either the District or CAWCD may terminate this
Agreement. Notice of such termination shall be given in writing and shall
be effective thirty (30) days after receipt of notice. If this Agreement is
terminated pursuant to this Section 24.2, all Parties shall be relieved of all
costs and liabilities under this Agreement; and the District shall reimburse
CAWCD for all monies paid to the District by CAWCD pursuant to this
Agreement. Provided, however, the District shall be entitled to retain One
Hundred Sixty One Thousand Dollars ($161,000) of the monies advanced
to the District by CAWCD under this Agreement.
24.3 A.R.S. § 38-511. This Agreement is subject to the provisions of A.R.S. §
38-511.
24.4 Disposition of property. On termination or expiration of this Agreement, all
fixtures, structures and improvements associated with the Project shall be
valued and disposed of in accordance with Section 21 of this Agreement.
25. UNCONTROLLABLE FORCES:
25.1 No Party to this Agreement shall be considered in default in the
performance of any of its obligations under this agreement when a failure
of performance is due to Uncontrollable Forces. Any Party rendered
unable to fulfill any of its obligations under this Agreement by reason of an
Uncontrollable Force, except a flood event falling within the category
described in Section 24.2 of this Agreement, shall give prompt written
notice of such fact to the other Parties and shall exercise due diligence to
remove such inability. If after the exercise of due diligence, a Party is
unable to remove such inability and construction of the LSCRP-1 cannot
proceed as originally intended, then either the District or CAWCD may
terminate this Agreement. Notice of such termination shall be in writing
and shall be effective thirty (30) days after receipt of notice.
25.2 Within sixty (60) days of notice of termination under Section 25.1, the
District shall conduct an accounting and shall furnish CAWCD with the
21
10935 583
results of this accounting. The accounting shall determine the total project
costs incurred as of the date of the Uncontrollable Force and the total
contribution made by CAWCD as of the date of the Uncontrollable Force.
Thereafter, the Parties shall meet and attempt to agree on how to allocate
the project costs incurred as of the date of the Uncontrollable Force. If the
Parties cannot agree on how to allocate such project costs, they shall
follow the Dispute Resolution Procedure outlined in Section 32 of this
Agreement. This Section 25.2 shall survive the termination of this
Agreement.
26. EXTENSION:
This Agreement may be extended only upon written mutual agreement signed by
all Parties and recorded in the Office of the Recorder of Pima County, Arizona.
27. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Arizona.
28. NOTICES:
28.1 Notice, demand or request provided for in this Agreement shall be in
writing and shall be deemed properly served, given or made if delivered in
person or sent by registered or certified mail, postage prepaid, to the
persons specified below:
If to CAWCD:
Central Arizona Water Conservation District
c/o General Manager
P.O. Box 43020
Phoenix, AZ 85080-3020
If to the District:
Pima County Flood Control District
c/o Chief Engineer
201 N. Stone
Tucson, AZ 85701
22
10935 584
If to Marana:
The Town of Marana
Town Manager
13251 North Lon Adams Road
Marana, AZ 85653
28.2 A Party may, at anytime, by notice to the other Party, c esignate different
or additional persons or different addresses for the givin g of notices
hereunder.
29. THIRD PARTY BENEFICIARIES:
This Agreement shall not be construed to create rights in, or to grant remedies
to, any third party as a beneficiary of this Agreement or of any duty, obligation or
undertaking established herein.
30. WAIVER:
The waiver by a Party of a breach of any term, covenant or co ndition in this
Agreement shall not be deemed a waiver of any other term co venant or condition
or any subsequent breach of the same or any other term, cove nant or condition
of this Agreement.
31. HEADINGS:
Title and paragraph headings are for reference only and are n :)t intended to
modify or alter the substance of the underlying provisions.
32. DISPUTE RESOLUTION:
32.1 A Party having a dispute under this Agreement that car not be resolved by
the Parties, may submit the dispute to arbitration. Arbit ration shall be
subject to the following provisions:
(a) Arbitration shall be binding only upon the conser t of all Parties.
(b) A Party wishing to submit a dispute to arbitration shall provide thirty
(30) days written notice to the other Party of its i itent to pursue
arbitration and shall name one arbitrator at that time. Within fifteen
(15) days of receiving this notice, the other
23
to the dispute
10935 585 ri
shall name one arbitrator and give written notice o the other Party
of its selection. The two selected arbitrators shall, within five (5)
days of selection of the second arbitrator, jointly select a third
arbitrator.
(c) Within thirty (30) days from the selection of the third arbitrator, the
arbitrators shall hold a hearing. Within thirty (30) days from the
conclusion of the hearing the arbitrators the arbitrators shall render
a decision on the dispute.
(d) Arbitration shall be subject to the Arizona Arbitration Act, Arizona
Revised Statutes, Title 12, Chapter 9, Article 1. In the event of a
conflict between this Agreement and the Act, the provisions of this
Agreement shall prevail.
32.2 A Party that is dissatisfied with the results of non-bindin 3 arbitration may
pursue any other legal or equitable remedy not express y provided for
herein.
33. ENTIRE AGREEMENT:
The terms, covenants and conditions of this Agreement constill ute the entire
agreement among the Parties relative to the permitting, design, construction and
operation of the LSCRP-I, and no understandings or agreements not herein
expressly set forth shall be binding upon them. This Agreement may not be
modified or amended in any manner unless in writing and signed by the Parties.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto.
CE
B y: 71C,
Its:
Attest:
NA VVATF-R CONSERVATION DISTRICT
24
10935 586
PIMA COUNTY FLOODXONTROL DISTI
By:
Its:
Attest:
Clerk of the Board
THE TOWN OF MARANA
By:
Its:
GAHARB0UR\LSCR-1GA.D0C
25
0 6 1998
10935 587
ATTORNEY CERTIFICATION
The foregoing Intergovernmental Agreement ( ) by nd
between the Central Arizona Water Conservation District, T?wn of
Marana and Pima County Flood Control District has been re,
pursuant to AR.S. § 11-952 and § 48-3603(c)(17) by the
undersigned Deputy Pima County Attorney who has determi?
that it is in proper form and is within the powers and authoril
granted Linder the laws of the State of Arizona to those partii
the agreement represented by the Pima County Attorney.
C)
V
Deputy Pima County Attorney
fA
"')224'
ya ? r
Date
APPROVAL
The foregoing Intergovernmental Agreement (
between the Central Arizona Water Conservation District, T
Marana and Pima County Flood Control District has been re
and is hereby approved as to content.
?r o ?ks A?.e e ?n
Chief Engineer
Pima County Flood Control District
to
and
n of
10935- 588
EXHIBIT A
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10935 589
EXHIBIT B
01
FACILITY EASEMENT FOR THE
LOWER SANTA CRUZ REPLENISHMENT
PROJECT - PHASE ONE
1. Background: The Pima County Flood Control District (the "Di?
subdivision of the State of Arizona, organized and existing pt
Sections 48-3601, et seq. The Central Arizona Water Con
("CAWCD") is a political subdivision of the State of Arizona, orgal
pursuant to A.R.S. Sections 48-3701, et seq. The District, CAW
of Marana have executed, concurrent herewith, the Lo%
Replenishment Project Intergovernmental Agreement (the "IGA
recorded in Docket , commencing at Page?_, i
Recorder, Pima County, Arizona. The purpose of said IGA i
construction and operation of a constructed underground stor
known as the Lower Santa Cruz Replenishment Project - Phase
In connection with the IGA, the District intends by this instrL
CAWCD an easement for the purposes and duration described
2. Grant of Easement: The District hereby conveys to CAWCI
access to, and control, operation, maintenance, monitoring and it
LSCRP-I (including construction, operation and maintenar
improvements to the LSCRP-I) in, on, over, under, across and th
described as follows:
trict') is a political
rsuant to A.R.S.
iervation District
iized and existing
32 and the Town
fer Santa Cruz
V), which IGA is
i the Office of the
; to facilitate the
age facility to be
One ("LSCRP-1").
ment to grant to
an easement for
provement of the
e of additional
)ugh the property
The east half of the southeast quarter of the northwest quarter of Section 3,
Township 12 South, Range 11 East, G&SRB&M, Pima County, Arizona, and
the south half of the northeast quarter of Section 3, Township 12 South,
Range 11 East, G&SRB&M, Pima County, Arizona.
The property described above shall be known as the "Easement
of this document. The easement conveyed in this Secti
improvements to be constructed in the Easement Area pursuai
?rea" for purposes
n 2 includes all
to the IGA.
10935 590 ? ;;i, e a aceo
7. Term of Easement: This easement shall become effective or
Acceptance, as that term is defined in the IGA, and shall remain in
as the IGA remains in effect. Specifically, this easement shall terrr
the IGA terminates. All grants, covenants and conditions of thh
inure to the benefit of and be binding upon the successors in inter
and CAWCD.
he date of Final
)ffect for as long
,iate on the date
easement shall
st to the District
8. Right of Entry: The District hereby grants CAWCD a right-of-entry to enter
upon the Easement Area before the date of Final Acceptance to install and operate
monitor and piezometer wells, subject to the conditions in Section 3 of this
Easement.
IN WITNESS WHEREOF, this easement is executed this 06 -. day of
October , 1998.
PIMA COU TY OOD CONTROL DISTRICT
By: r?y
? I " (OCT 0 6 1998
Its: Cha
Attest:
lerk of the Board
CENTRAL ARIZONA WATER CONSERVATION
DISTRICT
By:
Attest:
Its:
10935 592
EXHIBIT C
0117 -
ZZO
PIMA COUNTY FLOOD CONTROL DISTRI
LICENSE
FOR PIEZOMETER WELLS ON DISTRICT PROP
THIS LICENSE is made between Pima County Flood Conl
subdivision of the State of Arizona, organized and existing pursuar
et seq ("Licensor"), and Central Arizona Water Conservation District
of the State of Arizona, organized and existing pursuant to A.R..'
("Licensee"). The parties agree as follows:
ol District, a political
to A.R.S. § 48-3601
a political subdivision
. § 48-3701 et seq.,
Grant of Permission. In consideration of Licensee's performance of the obligations
set forth in that certain Intergovernmental Agreement ("IGA") between Licensor,
Licensee, and the Town of Marana, executed concurrent herewith, relating to the
construction and operation of the Lower Santa Cruz Replenishment Project, Phase
I ("LSCRP-1"), which IGA is recorded in Docket , commencing at Page
, in the Office of the Recorder, Pima County, Arizona, and the performance
of the promises contained herein, Licensor hereby gives per ission to Licensee to
use that portion of Licensor's real property generally described as the Lower Santa
Cruz River Replenishment area and more particularly described on the attached
Exhibit "ll" ("District Property"). The purpose for which this License is granted is for
the installation of piezometer wells on the District Property in connection with the
uses of District Property as set forth in the IGA.
2. Privilege Assignable. Licensee's privileges hereunder are assignable only upon
written approval of Licensor and only upon the conditions for assignment as set
forth in the IGA.
3. Hold Harmless. All costs associated with the Licensee's u e shall be at the sole
expense of Licensee. Licensee assumes responsibility and iability for any injury or
damage to the District Property or to any person while usir g the District Property
caused by or arising out of the exercise of this License. Licensee indemnifies,
defends, and holds harmless Licensor, its officers, departments, employees, and
agents from and against any and all suits, actions, I?gal or administrative
10935 594
8. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511 which provides
for cancellation of contracts by Pima County for certain conflicts of interest.
IN WITNESS WHEREOF, the parties hereto have executed this License the day
and year first above written.
Approved as to form:
Deputy County Attorney
LICENSOR: Pima Cow
By:
Chair
Attest:
f t7
Cle?k 6f -the' Board 'of
Control District
T Supervisors 'OCT 0 6 1998
rvisors
LICENSEE: Central Arizona Conservation District
By:
Its:
State of Arizona
Attest:
ss
County of Maricopa )
This instrument was acknowledged before me this day of
1998, by , as
Central Arizona Water Conservation District.
Notary Public
My Commission Expires:
of
10935 596
E. JBIT 1 OF EXHIBIT C
LEGAL DESCRIPTION
PaRCEL: to Pima County
The North half of Section 3, Township 12 South, Range 11
East of the Gila and Salt River Meridian, County of Pima,
State of Arizona.
EXCEPT that portion described as follows:
Beginning at the center quarter corner of said section 3
being a 1/2" iron pin;
thence N89* 26'02"E, along the South line of said North half,
a distance of 31.94 feet;
thence N5100921"W a distance of 1182.34 feet;
thence N71* 50'34"W a distance of 672.26 feet;
thence N78"55'57"W a distance of 714.16 feet;
thence S87023'08"W a distance of 208.10 feet;
thence S85021'21"W a distance of 209.47 feet to a point.on
the West line of said Section 3 said point being a distance
of 1551.12 feet SOO*29'46"E'of the.Nort1west corner of said
Section 3;
thence SOO*2946"E, along qaid West line, a distance of
1088.11 feet to the West quarter corner of said Section
being a 1/2" iron pin;
thence N89026'10"E, along the South line of said*North half,
a distance of 1317.96 feet to a point being the C-W 1/16 -
corner of said Section 3 said point'being a 1/2 " iron pin;
. thence N89*25'53"E, along said South line, a distance of
1318. 01 feet 'to the POINT 9Z BEGINNING.
AND FURTHER EXCEPT that portion lying within Sandario Road
as shown in Book 5'of Road Maps, Page 84.
Containing approximately 269.7 +/- acres.
I
Prepared by:
Jones 6 Associates, Inc
Job # 97005. -:4
ALAN W. ji"
SPIETH 131
114)
PAGE 1 OF 4
10935 598
SECTION 03
TOWNSHIP 12 SOUTH
RANGE It EAST
215-03
..... . .......
....... ..... .... .. . . .....
-------
..........
......... --------- ,
..................................................
...... .... ..
. . ..........
........ ........ . . . . . . . . . . . ......
.. .......
............
..... ... ........ . .
........... .... ..
. . . . . . . . . . . .... .
...............
T
... . . . . . . . .
.. .... . .....
E,
'
.......... . . . . . . . . . . . . . . mn;
Kffv
r
........... . ...... . ** - 11-1. 1
* ...... .. ..... *"--,**,
.*.*.*.*.*.*.*.*.*.*.* . . I I I I I I I I I I
Oc
n...
1
1?
iri
1.1
ii
..........
4
,
F
R.
-
.. ... . ....
.... ... .
....
TOWN
*B
..........
........
!
- -----------
.. . ....
. .....
1
22
714
-
.
6
ggig
Ri
0
In;
co
g!
g
g
V6 04 C*4
co
40
0
MARANA
1 .3 17.9 6' 1318.01'
31.94'
Center 5ac . 3
013A
60, 014A
650
.. .
..
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
01 4B
013B
SUBJECT
AREA
AP
N PIMA COUNTY DEPARTMENT OF TRANSPORTATION
TECHNICAL SERVICES DIVISION PAGE 2 OF 4
cn
cn
I n
LEGAL DESCRIPTI-0A
ERECEL: to Pima County
That portion of the North half of Section 4, Township 12
South, Range 11 East of the Gila and Salt River Meridian,
County of Pima, State of Arizona, described as follows:
Beginning at the North 1/4 corner of said Section 4 being a
lead capped pipe;
thence N89"34'08"E, along the North line of said ection 4,
a distance of 2629.14 feet to the Northeast corner of said
Section 4;
thence S0002946E, al . ong the East line of said Se tion 4, a
distance of 1551.12 feet, being a distance of 108 . 11 feet
N00029'46"W of the East quarter corner of said Se tion 3;
thence S85"21'21"W a distance of 91.69 feet;
thence N84033'30"W a distance of 396.34 feet;
thence N76*31'57"W a distance of 1557.45 feet to point on
the Westerly line of the parcel described in "BB " by MMLA
job # 90123-08-75;
thence N33? 31'07"W, along said Westerly line, a
1334.77 feet to a point on the North line of sai
thence N89025'05"E, along said North line of sai
a distance of 45.86 feet to the RDJIM DE DE9,TJM
Containing 72.36 acres.
prepared by:
Jones & Associates,
-job # 97004.
Inc -
stance of
Section 4;
Section 4,
10935 600 PAGE 3 OF 4
SECTION 04
TOWNSHIP 12 SOUTH
RANGE It EAST
215-04
oolm
.......................... .......... ................. .............
001 p
0
STATE! LAND
........ 901K
.......................... .............................. .........
629.14'
001N
LIMITS
..............
.........................
001E
FEDERAL LAND
PIMA COUNTY DEPARTMENT OF TR/
TECHNICAL SERVICEs bivisION
1/4 CcriW
0010
t 001L
c
SUBJECT
AREA
SPORTATION
PAGE 4 OF 4
EXHIBIT D
LOWER SANTA CRUZ REPLENISHMENT PROJECT
LEASE AGREEMENT
(Proposed form of Agreement)
PARTIES:
This Lease Agreement (Lease) is made and entered into the day of
, 1998, by and between the CENTRAL ARIZONA WATER
CONSERVATION DISTRICT, hereinafter referred to as "Lessor', and
. hereinafter referred to as "Lessee".
2. RECITALS:
2.1 Lessor is responsible for operating the Lower Santa Cru z Replenishment
Project ("LSCRP"). The LSCRP is located in the Tucso n Active
Management Area, within the Town of Marana, north o f the Avra Valley
airport and southwest of the Santa Cruz River.
2.2 The Arizona Department of Water Resources has issue d Lessor an
Underground Storage Facility permit for the LSCRP. T he Permit
authorizes the underground storage of a maximum of acre-feet
of water at the LSCRP and has a term of _ years.
2.3 Lessee desires to lease capacity in the LSCRP in acco rdance with the
provisions of this Lease.
3. LESSOR'S STANDING:
Lessor represents, covenants and warrants to Lessee that Le sor is a political
subdivision of the state of Arizona and has authority to enter into this Lease.
4. LEASE AGREEMENT:
For and in consideration of the foregoing, the payments to be paid by Lessee,
and the covenants and agreements contained in this Lease, and other good and
valuable consideration, Lessor and Lessee agree as follows:
5. TERM OF LEASE:
5.1 This Lease shall become effective when executed by b th Parties and
shall remain in effect until its expiration on January 1 0 the following year,
1
10935 602
from any governmental agency or authority not a Pa
which by exercise of due diligence such Party could
been expected to avoid and which by exercise of due
unable to overcome. Nothing contained herein shall I
to this Agreement,
)t reasonably have
Jiligence it shall be
construed so as
to require a Party to settle any strike or labor dispute i which it is
involved. Any Party rendered unable to fulfill any of its obligations under
this Agreement by reason of an Uncontrollable Forceshall give prompt
written notice of such fact to the other Party and shall exercise due
7
8.
diligence to remove such inability.
LEASED CAPACITY:
The maximum amount of LSCRP storage capacity leased by Lessee pursuant to
this Lease during (insert year) shall be AF. The actual amount of LSCRP
storage capacity available to Lessee during (insert year) may be less than
AF, depending on the storage and delivery capabilities of th LSCRP.
RATE FOR LEASE OF STORAGE CAPACITY:
8.1 The estimated rate for lease of storage capacity at th LSCRP for (insert
year) is $ per acre-foot. This rate is the estimated cost of operating,
maintaining and monitoring the LSCRP, including, but not limited to, the
costs of scraping the basins, weed removal, miscellaneous berm and
facility repairs, wheeling charges, water level measure ments, water quality
sampling and lab analysis and data management and reporting. At the
end of (insert year), and each year thereafter if neces sary, CAWCD will
compute the actual costs of operating, maintaining an d monitoring the
LSCRP for the previous 12-month period. If the actua l costs are higher
than the estimated lease rate, CAWCD will bill Lessee for the Lessee's
proportionate share of the difference. The Lesse6 shall pay CAWCD
within 30 days of receipt of such bill. If the actual coc,
estimated lease rate, CAWCD will either, at Lessee's
Lessee its proportionate share of the difference, or ci
the Lessee's account for the following year.
3
are lower than the
?Iection, pay the
.dit such amount to
10935 604t
at or near the LSCRP using the method indicated in t e Permit or using
actual measurements, when available. Any other los es in the LSCRP
shall be calculated using generally accepted enginee g practices.
11.4 All losses that occur at the LSCRP, other than by eva oration, will be
calculated using generally accepted engineering prac ices and water-level
readings from the gages in the basins.
12.
13
11.5 Lessor shall prepare a monthly water accounting report of water stored at
the LSCRP for Lessee. The report shall include the c aily amount of water
stored and the losses calculated as described in this Section.
11.6 Lessor shall provide the Arizona Department of Water Resources with
water accounting reports for the LSCRP as required by the Permit.
11.7 The water accounting reports prepared pursuant to
sent to Lessee monthly and shall be retained by Le
years.
WATER QUALITY:
Lessee shall indemnify and hold harmless Lessor against all
parties resulting from water quality degradation or harm to pi
Lessee's use of the LSCRP, due to the commingling of Less
with the groundwater or water flowing above or below the su
Cruz riverbed. Further, Lessee waives any claim on its own
Lessor for water quality degradation or harm to property aris
commingling, unless such claim is intended to enforce the in
Section shall be
for at least three
r
losses to third
operty caused by
ae's infiltrating water
face of the Santa
behalf against
ng from such
Jemnification
provision of this Section. In no event shall Lessor assume liability for water
quality degradation resulting from the storage of water in the LSCRP, solely due
to its performance of obligations as the operating agent under this Lease.
LEASE BILLING AND PAYMENTS:
13.1 On or before the 15 1h day of each month, Lessor will submit a bill to
Lessee for lease charges for LSCRP storage capacity? used by Lessee
during the previous month. Lessee shall pay Lessor
of receipt of such bill.
5
thirty (30) days
10935 606
15.3 With written approval of Lessor, Lessee may self-insu?e or combine the
coverages required by this Lease with coverages outside the scope of that
required by this Lease.
15.4 Required insurance coverages shall be written with deductibles and limits
approved by Lessor. Lessor may, at any time, chan the policy limits,
add or eliminate coverages, and shall determine appr priate deductibles
19
or retentions.
15.5 If Lessee fails to acquire, provide or continue the insu?ance coverages
required, Lessor may terminate this Lease immediatel upon written
notice to Lessee.
16. LIABILITY:
16.1 Each Party shall assume liability for its own negligenc and shall
indemnify the other against any damages the non-negligent party incurs
as a result of the negligent Party's action or inaction.
16.2 The obligation to indemnify under this Section 16 shall xtend to the
indemnitee's share of any deductible under any applic ble insurance
coverage.
16.3 Lessor shall assume no liability to Lessee for claims of damage resulting
from Lessor's decision to curtail or stop water flows to the LSCRP site
during storm or emergency conditions.
16.4 Lessor shall assume no liability to Lessee for quantities of recoverable or
unrecoverable water stored underground or removed
storage; nor to replace water lost, misdirected or oth
the underlying aquifer. Lessor, Lessee and any other
share in any deficiency resulting from such lost, misdii
unstored water in proportion to the amount of the LSC
at the time the deficiency accrued.
16.5 The provisions of this Section 16 shall not be constrUE
any insurer of its obligation to pay any insurance proci
with the terms and conditions of valid and collectible ir
7
)m underground
ise failing to reach
ssee(s) shall
cted or otherwise
P capacity it used
so as to relieve
ds in accordance
urance policies
i
10935 608
19.
20.
21
inability.
GOVERNING LAW:
This Lease shall be governed by the laws of the State of Arizona.
BINDING OBLIGATIONS:
All of the obligations set forth in this Lease shall bind Lessor and its successors
and assigns. This Lease shall not be assigned by Lessee or accrue to Lessee's
successor, nor shall the LSCRP capacity use rights hereunder of Lessee be
used by another party.
NOTICES:
21.1 Notice, demand or request provided for in this Agreement shall be in
writing and shall be deemed properly served, given or made if delivered in
person or sent by registered or certified mail, postage prepaid, to the
persons specified below:
Central Arizona Water Conservation District
c/o General Manager
P.O. Box 43020
Phoenix, AZ 85080-3020
(INSERT LESSEE'S ADDRESS)
22
23.
21.2 A party may, at any time, by notice to the other party,
or additional persons or different addresses for the gi%
hereunder.
THIRD PARTY BENEFICIARIES:
This Lease shall not be construed to create rights in, or to gn
third party as a beneficiary of this Lease or of any duty, oblig?
established herein.
WAIVER:
The waiver by either Party of a breach of any term, covenant
Lease shall not be deemed a waiver of any other term, cover
any subsequent breach of the same or any other term, cover
this Lease.
9
lesignate different
ng of notices
nt remedies to, any
tion or undertaking
r condition in this
nt or condition or
nt or condition of
10936 610
RESOLUTION AND ORDER NO. 1998 FC- 9
RESOLUTION OF THE BOARD OF DIRECTORS OF THE PIMA COUNTY FLOOD
CONTROL DISTRICT APPROVING AND AUTHORIZING THE EXECUTION OF THE
INTERGOVERNMENTAL AGREEMENT WITH CENTRAL ARIZ NA WATER
CONSERVATION DISTRICT AND TOWN OF MARANA RELATIN G TO THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE L OWER SANTA
CRUZ REPLENISHMENT PROJECT, PHASE 1, AND APPROVING AND
AUTHORIZING THE EXECUTION OF THE INTERGOVERNMEN TAL
AGREEMENT, EASEMENT AND LICENSE AS SEPARATE INSTJ? UMENTS.
(District 3)
WHEREAS, the Pima County Flood Control District has authority under AR.S. § 48-
603 (C)(l 7) to construct, operate, and maintain aroundwater recharge facilities, and enter into
3
coop erative agreements with the State and other governmental entiti es und er A.R. S. § 11 -9 5 2
for the joint exercise of statutory powers and authorities; and
WHEREAS, the parties desire to enter into this Intergov
for the permitting, design, construction, operation and maintenance of a
7
underground storage facility to be known as the Lower Santa Cruz Rept
Phase 1; and
WHEREAS, the Pima County Flood Control District intends that
Conservation District will operate the facility pursuant to an Easement
and
WHEREAS, the Pima County Flood Control District intends to a
Water Conservation District to install such piezometer wells on nearby D
needed pursuant to a License from the District.
NOW, THEREFORE, upon motion duly made and carried, be it
County Flood Control District Board of Directors to approve the Intergo-V
between the Pima County Flood Control District, the Central Arizona W,-
District and the Town of Marana for the construction, operation and main
Santa Cruz Replenishment Project - Phase 1, and the License and Easeme
County Flood Control District and Central Arizona Water Conservation I
Agreement to provide
Project -
ral Arizona Water
by the District;
w Central Arizona
ict lands as may be
solved by the Pima
nmental Aareement
r Conservation
nance of the Lower
between Pima
10935 612
AND THAT, the Chairman of the Board of Directors is hereby i
to execute said Intergovernmental Agreement, License and Easement as
g
behalf of the Pima County Flood Control District Board of Directors.
tru?ted and authorized
parate instruments on
PASSED, ADOPTED AND APPROVED this 06 day of Oc?ober
PIMA COUNTY FLOOD CONTROL DISTRICT APPROVED AS TO FORM:
A/, C, Z ) 4A
CHAIRMAN OF'i?E B'OARD OF DIRECTORS DEPUTY CO
.OCT o 6 1998
ATTEST,
CLERK OF THE BOARD
I
1998.
ATTORNEY
10935 613