HomeMy WebLinkAboutResolution 2008-096 tolling agreement with cortaro marana irrigation district and cortaro water users associationMARANA RESOLUTION N0.2008-96
RELATING TO WATER; RATIFYING THE MAYOR'S EXECUTION OF A "TOLLING
AGREEMENT BETWEEN THE TOWN OF MARANA, CORTARO MARANA IRRIGATION
DISTRICT AND CORTARO WATER USERS ASSOCIATION," AND DECLARING AN
EMERGENCY.
WHEREAS Town of Marana staff is in negotiations for an IGA to replace the 1997 IGA
between the Town, the Cortaro-Marana Irrigation District (CMID) and Cortaro Water Users
Association (CWUA); and
WHEREAS the negotiations are expected to last until no later than mid-September; and
WHEREAS there is a concern that one or more applicable statutes of limitations may run
while the negotiations are pending.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Mayor's execution of the "Tolling Agreement
between the Town of Marana, Cortaro Marana Irrigation District and Cortaro Water Users
Association" is hereby ratified.
IT IS FURTHER RESOLVED that since it is necessary for the. preservation of the peace,
health and safety of the Town of Marana that this resolution become immediately effective, an
emergency is hereby declared to exist, and this resolution shall be effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCI OF THE TOWN OF
MARANA, ARIZONA, this 15t1i day of July, 2008.
Mayor Ed ones ___,
ATTEST:
elyn .Bronson, Town Clerk
{00010221.DOC /} 7/14/2008 3:38 PM FJC
TOLLING AGREEMENT BE711VEEN THE TOWN Of MARANA, Ct?RTARO MARANA
IRRIGATION DISTRICT AND CORTARQ WATER USERS ASSOCUs-TION
This Toying Agnaemenf is between and among Town of Morena, a political
subdivision of the StatC of Arizona ("Ma~rana~; Cor~ro Morena Imgatiat astrict, Pima County,
Arizona, a potiEieal subdivision of the State of Arizona (`CMIU") and its a9ent, the Cortaro Water
Users Association, an Arizona: CorpaKation, (hereafter both are oa~ivetyr reterrad tows `Gortaro'~,
The foregourg parties are oollediv~efy referred to as the `Parties"-
RECITALS
On or about September 76, 1:997, the Parties executed an> mtergovemrnertfaF
agreement ('1GA") tht irrtent and p~upose of which was to maximize wader managerr~nt efficiencies
and..avoid unnecessary demon of muniapaa water service wtihin Cortarv's boundaries-and within.
Harare's service area by, among other this; ~n9'~+ arter~est in nunic~pat water
facilities and defying on-going operatlonai, management, wader production and sales, distribution
and treatment firms arxf r!csponsib~ibies for tip provesior~ of mur~dpert vrater seirric~a arrwng the
Parties, and to aw,.ate a trust for the control of wells belonging tQ Cortaro anct Morena ttmwgh the
IGA.
2; A dispute ties arisen among the t'arties; and COHaro atfeges M~ana has
breached the ItA and Cortaro aN~ges it has a Il+fararra.
'3. Sim~uly, Marano aNeges thatCoct~uo tray breached. the EGA and Morena
:alleges ithas a darn against Cortaro;
4, In an aEtempt to r~esotve the dispute:~'lves by mutual
agreement, Cortaro and Martina errs meeting ~ negotations:without intmediatdlr purwing their'
respective c and or>s of breach of he IGA againstthe othex, mduding ~Y rY
fosses.
5. The negotiations being in goad faath and uiteracfed real to be b~ the
disadvantage of either Party, Cortaro and Morena agnx do toN and to waive urtb~ Se~ember 46.2008
any filing trr~es, statutes of or equitable avaitable b~ turn which maybe appticab{e
to the fding of a daEm or allegation of of tt~ tGA.
C01/ENAPiI'S
For the promises made ant! tither valuable txmsideration had anti received
each from the:.other. the. Parties.agr+ee stipulatie and covenant that any filing times or statutes of
limitation app6i~bie b ~Y dayms or aNcgadons Q¢ txe8~ch of the IGA ara extended,. vraived and toi~d
between the date of exetxttion of the Agreement and: September 15,.:2008_ The Rartiss agree that the
purpose of flea pr~ovvision is th p he status ttuo of #ie~ reapedive kgel p while they
attempt fiv negotiate a mutusiry s~stactory resdution of their differences.
2,. The Parties agree that'any dtfiGtraes, equitaibie er;othervrse (~trdirg, but
not limited to, equitable estoppel, waiver, and ladres};that existed as of the d~ of ezeccfion of this.
Agreement wil6not tae etl+~ed by this AgreerrKrtt-and remain: ava~ble tix assertion by either Pdrty
after September tS, 200$.
3. The Parties sand warrant drat tfie person(s) exetxrting this
Agreerrt on their respective tieh~F ace so acrthorized th enter Ito, and to execute this
Agreement and each intends that tis repre$errtatiunsarM warr~rrtities!be relied upon.,
DATED this 1..~ day of July 2008
TOWN OF Tor~v oK' /LI.QiGI~~
G
By: ayor Marana~ ~ ----`-
~ Gr% fjw~' so.., t
~a~S/Or1-. trlGts ~j~y~' rf Sat ~G'e~{e+ ~,,~f/~s/~jo.~f
CORTARO J~MARARNA tRR~ATtON DfS /TRICT ~ ~ ~7'••"~ 4u.~r.
~'~/
The tottsgoing agreement has been nwewed ptrtstrent to AR.S. §'11-g5Z by legal
counsel fore. the Parties, who have determined that ~ is in proper iorrn and is vtittun the pow+eES and
authority granted under: the lays of the State ~ Arizona`ta loose pariies th the Ar~rt
represented by undersigned...
t3y: tGl~na Town Y
BY= Attorneys f+ct CMID/CWUA