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HomeMy WebLinkAboutResolution 99-055 la mirage water facilities construction agreement MARANA RESOLUTION NO. 99-55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND DOERKEN PROPERTIES, INC., A CORPORATION QUALIFIED TO DO BUSINESS IN ARIZONA, FOR CONSTRUCTION OF WATER FACILITIES AND PROVISIONS FOR WATER UTILITY SERVICE ON PROPERTY KNOWN AS LA MIRAGE. ,-.... WHEREAS, the Town of Marana and Doerken Properties, Inc., agree to the construction of water facilities and provisions of water utility service for property known as La Mirage; and WHEREAS, acceptance of the Agreement between the Town of Marana and Doerken Properties, Inc. will benefit the citizens of the Town of Marana and will be in the Town's best interest; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement between the Town of Marana and Doerken Properties, Inc., a corporation qualified to do business in Arizona, attached hereto as Exhibit /I A" and incorporated herein by this reference, for construction of water facilities and provisions for water utility service. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Agreement on behalf of the Town of Marana. - Marana Resolution No. 99-55 Page 1 of 2 ""--. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 1999. ~'>>i;~~ MayorORAM EHA N A TIEST: ~~. ceIyn tz . ;1 Town erk APPROVED AS TO FORM: ,- ~~ - Dani: J. Hochuli Town Attorney and not personally - Marana Resolution No. 99-55 Page 2 of 2 \ . F. ANN RODRIGUEZ, ,.BJ:1CORDER RECORDED BY: RBP DEPUTY 'RECORDER 3591 ROOE DOCKE';t.;..; 11095 PAGE: 1634 NO. OF PAGES: 12 SEQUENCE: 19991410658 07/23/1999 AG 16:01 . SMARA TOilr'N OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 11.50 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as of the ~ day May, 1999, by and between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, (hereinafter referred to as "Marana") and Doerken Properties, Inc., a corporation qualified to do business in Arizona (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, the Developer warrants it is qualified to do business in Arizona and is desirous of securing water to the area more particularly described in Exhibit "A" attached hereto and made a part hereof, and will construct certain water facilities and transfer the ownership thereof to Marana for such purposes: and WHEREAS, Marana is willing, to supply water to Developer in accordance with the Municipal Code of the Town of Marana, and in accordance with the terms of this Agreement, COVENANTS NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements set forth below, the parties agree as follows: 1. DEFINITIONS 1.1 Applicant or Developer: Doerken Properties, Inc., and its successors and assigns. 1.2 Property: That certain property or real estate development known as "La Mirage" and as shown on Exhibit "A" attached hereto and made a part hereof. i 1 ....... . 1.3 Water Facilities: Public water facilities and appurtenances which are to be constructed under this Agreement which are located within public rights-of-way or dedicated easements, and which upon completion by Developer and inspection and acceptance by Marana, are 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 service to the Property and appurtenant to the municipal water supply system of the Town of Marana. 1.4 Water System: Water facilities, including water mains, valves, pipelines, booster pumps, wells, reservoirs and all other water facilities and appurtenances necessary for service to the Property and appurtenant to the municipal water supply system of the Town of Marana. ....... ~-} 1 o CoeOOn La Mirage Water Service Agreement Org 5.12.99 (Rev 1).DOCI0411.1 2. CONSTRUCTION OF WATER FACILITIES 2.1 Plans and Specifications. 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 conform to the design standards of the City of Tucson Water Department, and the Town of Marana Town Water Code, and be capable of serving the water needs of all commercial and non- commercial development, and be sized to serve the maximum authorized development of the Property and shall designate the point of interconnection referred to in 92.6. A copy of said approved On-Site Plans and Specifications for the Water Facilities shall be submitted by phases of project before building permits for that phase are issued per 911.6 of this Agreement. For the purposes of this paragraph, the provisions of the Marana Code 914.4 and 14.5 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the ApplicanVCustomer/Developer described therein. (a) Water Production and Storage/Plans and specifications. Developer shall design and construct, at Developer's own expense, the water production and water storage facilities in accordance with approved Plans and Specifications. The approved Plans and Specifications shall conform to the design standards of the City of Tucson water department and the Town of Marana Water Code, and be capable of serving the water needs of all commercial and non-commercial development of the Property, and be sized to serve the maximum authorized development of the Property. The water production facilities shall include, at a minimum, two (2) wells, each drilled to a depth of at least eight hundred feet (800'); provided however, that the first well shall be at least ten inches (10") in diameter, and provided further that the second well must be drilled prior to the commencement of the third phase of Developer's La Mirage Subdivision. The water storage facilities shall include one (1) storage tank of a minimum of twenty- five thousand (25,000) gallons; provided that the total storage capacity for the La Mirage Subdivision shall equal or exceed that amount needed to deliver twenty-four (24) hours' worth of water demand calculated on the basis of water usage of twice the average day demand, together with three hours fire flow of one thousand (1,000) gallons per minute (excluding well capacity and water storage in the distribution system), but not more than is necessary to meet the requirements of the Northwest Fire District. The water production and storage plans shall be constructed and accepted by Marana's Utilities Director prior to Marana issuing Developer a Certificate of Occupancy for any residential unit. 2.2 Plans and Specifications. Approval. The Plans and Specifications for the Water Facilities shall be reviewed and approved in writing by Marana's Utilities Director and the Arizona Department of Environmental Quality or the Pima County Department of Environmental Quality prior to issuance of any water facilities construction permits by Marana. No work shall commence until Marana has issued a Water Facilities construction permit. 2.3 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. 1 .,.-,. i::.: =3 .- = 1 =-1 .,.-,. ~ -2- Doerkin La Mirage Waler Service Agreement Org 5-18-99 (Rev 1).DOCI0411.00001 ___"___,,,,"~~.~~.U>,,..o~,"..,,~<.,^ 2.4 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. 2.5 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) the American Water Works Association Standards, (b) the Arizona Department of Environmental Quality (ADEQ), (c) the Pima County Department of Environmental Quality (PCDEQ), (d) all local regulatory agencies and (e) the plans and specifications incorporated herein referenced in S2.1. 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. 2.6 Connectinq New Facilities. Upon completion of the Water Facilities, the Developer will dedicate the Water Facilities and Water System to Marana, without cost to Marana, and Marana shall thereafter operate 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 closest point to Developer's facilities as directed by Marana for Service Area requirements. In the event that such point of interconnection falls outside the boundaries of the Property, Marana will construct that portion of the facilities falling outside the Property with funds provided for that purpose by Developer through easements provided by the Town of Marana. In order to allow Marana to use the Water Facilities for the delivery of water to off-site customers, Developer shall install, at Marana's expense, dual meters at the point of interconnection. After commencing water service to the Property, for the purposes of this paragraph, the provisions of the Marana Code S14-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/Developer described therein. 2.7 Inspection. Testing and Correction of Defects. Developer shall comply with the inspection and testing requirements of ADEQ and PCDEQ and Marana for the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall be reasonable and shall not cause the 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 the Town Marana shall immediately 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 the Work 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, but no later than one year after construction, 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 i .. : ~ .-" "7 :- => .. : r Q . : .j -3- Doerkin La Mirage Water Service Agreement Org 5.12.99 (Rev 1).DOCI041 1.00001 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. 2.8 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 92.1 of this Agreement. The 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. 2.9 Invoices. Developer agrees to furnish Marana as an exhibit, within thirty (30) days after completion of construction, copies of all Developer, subcontractor, vendor and all other 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. 2.10 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. 2.11 "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. Marana shall have the right to withhold water service to Developer pursuant to this Agreement until this condition is satisfied. 2.12 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 work or material before such final completion and of the Water Facilities, replace or repair forthwith the Work or materials so injured, damaged or destroyed, to the satisfaction of Marana and at Developer's own expense. 2.13 Liabilitv. Through and including that period extending for one year after Marana's acceptance of the Work, 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 ~ 1 -...... :.":: =-j 1 ..... --r 3 -4- Doerkin La Mirage Water Service Agreement Org 5-12-99 (Rev 1).DOCI0411.00001 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 the Town, and its elected officials, employees, agents and consultants ("Marana") harmless from and against claims, (except and to the extent that the same is caused or contributed to by Marana) 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 Marana 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 Marana, its agents, servants or employees caused by interconnecting the Water Facilities to any off-site water facilities (as provided under Section 2.6, above), and, in that event, Marana will indemnify, appear and defend and hold Developer, its employees, agents and consultants ("Developer") harmless from and against claims, (except and to the extent that the same is caused or contributed to by Developer) 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. 2.14 Insurance. Developer agrees to procure and cause Marana to be an "additional insured" upon and maintain all of the insurance policies described below, 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. 2.15 Easements. For the purposes of this paragraph, the provisions of the Marana Code 914-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/Developer 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 Developer's development. If Developer's development 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. 1 i Q C -! i i 3 , , -~ -5- Doerkin La Mirage Water Service Agreement Org 5-12-99 (Rev 1 ).DOC 1 0411.0000 1 2.16 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 the Marana Code 914-3-6 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/ Developer 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 (Le., masonry walls, fences, etc.) shall be constructed on or through a water easement without the expressed written consent of Marana. For the purposes of this paragraph, the provisions of the Marana Code 914-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/Developer 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 be then 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 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 the Marana Code 914-4 and 14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/Developer described therein. 3.2 Upon request by Marana and direction Developer shall, at Developer's sole cost 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 construction of the Developer's development. 3.3 The Water Facilities shall be transferred to the ownership of Marana upon completion. Concerning sales of water produced from wells constructed by Doerken and dedicated to the Town pursuant to this Agreement, Marana shall rebate to Developer ten percent (10%) of all revenues it receives from the sale of that water to any customer not located within the Property for a period of ten (10) years commencing with the date Marana accepts the facilities as provided under Section 2.18 above. Marana shall pay such rebates on a quarterly basis, on the first day of January, April, July and October. Rebates shall in no event exceed the total cost of the Water Facilities. After ten years, Marana shall have no further obligation to pay Developer ~ ! '" :::.: '9 o -. "-'" '9 -6- Doerkin La Mirage Waler Service Agreement Org 5.12-99 (Rev 1).DOCI0411.00001 rebates from any off-site revenues. Marana shall not deliver water onto the Property from off-site sources through interconnections to Marana's existing facilities for the purposes of minimizing rebates available to Developer under this subsection. 4. 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. 5. WATER SERVICE; WATER RIGHT 5.1 For the purposes of this paragraph, the provisions of the Marana Code 914-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and the 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/Customer/Developer 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 to the Developer's Property. 5.2 Developer agrees to assign to Marana, as a condition of Marana providing water utility service, every portion of its Irrigation or Type 1 Non-irrigation Grandfathered Groundwater Rights as those are defined by law as may be appurtenant to lands conveyed and dedicated to Marana in connection with the subdivision of the La Mirage development. Developer agrees to execute and deliver all forms necessary to effect the transfer of these water rights to Marana concurrently with such dedication. 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 understands and agrees as a condition precedent to receiving service from the Water System and Water Facilities to the Property that a groundwater replenishment fee will be added to the water bills for Marana's customers, including those living within the Property, to fund the replenishment of groundwater. 6. TERMINATION OF AGREEMENT 1 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, this Agreement shall be null and void, canceled and of no further force and effect. 6.2 Pursuant to A.R.S. 938-511, Marana may cancel this contract within three 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 with respect to the subject matter of this Agreement. Cancellation under this section by Marana shall be effective when written notice from Marana is received by Developer unless the notice specified a : : z :::::? ~ 1 -- w .= : -7- Ooerkin La Mirage Water Service Agreement Org 5-12-99 (Rev 1).DOCI0411.00001 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. 7 . INDEMNIFICATION 7.1 With respect to the Water Facilities and Water System constructed pursuant to this Agreement, for a period of one 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 asserted against Marana for inadequate fire protection capacity arising from the negligence of Developer or its employees or agents. The alleged inadequacy of fire protection capacity shall not be construed as Developer's negligence if Developer's plans have been approved by the Northwest Fire District. 8. 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: and copy to: To Applicant: with a copy to: 9. Utilities Director Town of Marana Water Department 12775 North Sanders Road Marana, Arizona 85653 Town Attorney Town of Marana 13251 N. Lon Adams Road Marana, Arizona 85653-9723 Martinez & Curtis, P.C. Attention: William P. Sullivan 2712 N. 7th Street Phoenix, Arizona 85006-1090 Doerken Properties, Inc. Attention: Dr. Peter W. Doerken 11835 Olympic Boulevard, Suite 975 West Los Angeles, California 90064 Michael F. McNulty, Esq. Brown & Bain, P.A. One S. Church Ave. Suite 1900 Tucson, Arizona 85701 i o '9 r- :.:Jo ~ , ... SEVERABILITY Q 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. 1 - 8- Doerkin La Mirage Water Service Agreement Org 5-12-99 (Rev 1).DOCI0411.00001 ... "'....~........-.......,"""'~''"'''''""'-',~,.._~-'''"'.-~,~......,..-...."''''.,...,,'",.,''"._~"'',.,.. ,., 10. 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. 11. MISCELLANEOUS 11.1 This instrument contains the sole and only agreement of the parties relating to this Agreement and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations 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. 11.2 All executed agreements shall remain on file in Marana offices and shall be made available for public review upon request. 11.3 This Agreement is entered into under and shall be governed by the laws of the State of Arizona. 11.4 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. 11.5 Captions and headings are for index purposes only and shall not be used on construing this Agreement. 11.6 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; AND ALL EXHIBITS REFERRED TO IN THIS AGREEMENT ARE TO BE COMPLETED, SUBMITTED, REVIEWED, AND APPROVED THEREOF AND BEEN ACCEPTED BY THE TOWN UTILITIES DIRECTOR PRIOR TO ANY BUILDING PERMITS BEING ISSUED. 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 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. 11.7 This Agreement, and all rights and obligations hereunder, including those regarding water service to the 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. . .!. ~ 9 1 .r. ": :2 -9- Doerkin La Mirage Waler Service Agreement Org 5-12-99 (Rev 1).DOCI0411.00001 IN WITNESS WHEREOF, the parti~s have hereunto set their hands the day and year first above written. TOWN OF MARANA BY~~' ItS:~~4~~ ATTEST: By: As DEVELOPER bo~'~ ?~A~-i :rH~ i1.kr ~ ~k.n By: ~~/f. Its: ~. I ACKNOWLEDGMENT ~,~, ~ STATE OF }\RI.19tl/\tf ) J1..~~ ) ss. COUNTY OF Lur 'T"'~/CI4) This instrument was acknowledged before me this day of d;;Of ~~) o .1999, by ~ k ~ Lv .zr, "i-e.. as? ~.)~ ,~ f of ])oer-k- P~~.h~..JJ he... as Developer. ~~) Not Public My Commission Expires: ~/~/ ~/ , ~ . :::..,= i ;j -10 - Doerkin La Mirage Water Service Agreement Org 5-18-99 (Rev 1).DOC10411.00001 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 1 1 o '~ , ... " "., ....". ~ - 11 - Doerkin La Mirage Water Service Agreement Org 5-12-99 (Rev 1).DOCI0411.00001 ~~"----,-,,................,.~..~,." nES _ _ Jt _ :Ll0 I i -+- I I I - -I .---L-- . I THIS PRO ECT I I I I I Ufo'S1I1O'"UD J 2.5 1-- ~ i ~ 8L1 lOCAllON ON FRONTAGE RQ;AO - t 1~ Sot. Of' sit CORNER Of' AOONIS SU8OMSK)N I t---- I 27 28 25 I 34135 ~L~, ~ . ~, LOCATION MAP SCALE: r ~ 1 MILE SECTION 26, T.ll S., R.1 1 E., G & SRM, TOWN OF MARANA, PIMA COUNTY, ARIZONA ~ , ... 1 7- UNSU8DIVlDED LEGEND ~ 8 = TOWN OF MARANA STANDARD MONUMENT S v - BCSM TO BE SET - ., 0.50% .. SL{)PE TO DRAIN 6.40'1tf - GRADE BREAK' ELEVATION * .. ACCESS FRONTAGE Y .. SLOPE IffiI\ A~ .. ~Mo~rf~fr~fcf7 PE~ PC/COT .. PLAT BOUNDARY UNE .. 5' PlJF (puRr II" 11TH I1V ~AC:::lI'T'\ i .i. b .q 5 ~ It' . ,." ,!O ... p ... J - ..... "