HomeMy WebLinkAboutResolution 2002-068 agreement with jose prol for construction of water facilitiesMARANA RESOLUTION NO. 2002-68
A RESOLUTION OF THE MAYOR AND COUNCIJ~ OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE
TOWN OF MARANA AND JOSE PROL FOR CONSTRUCTION OF WATER FACILITIES
UNDER PRIVATE CONTRACT.
WHEREAS, Jose Prol intends to facilitate the development of that certain property to be
called Prol Parcel I (the "Property"), more specifically described within Exhibit "1," an Ageement
for Construction of Water Facilities Under Private Contract betwben the Town of Marana and Jose
Prol (the "Agreement"); and
WHEREAS, Jose Prol desires to arrange for the provision of water service within the
Property in connection with development thereof; and
WHEREAS, Marana is ~villing to provide water service to and within the Property in
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the
Agreement; and
WHEREAS, Jose Prol agrees to the construction of on-site water facilities for the property;
and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are
in the best interest of the Town.
Marana, Arizona Resolution No. 2002-68 Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and
incorporated herein by this reference for construction of water facilities.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
4th day of June, 2002.
ATTEST:
l/Town Cle?k
APPROVED AS TO FORM:
. 'r mel j: ooh , Es4
As Town Attorney
and not personally
~~SUTTON, .tR.
Marana~ Arizona Resolution No, 2002..68 Page 2 of 3
EXHIBIT "1"
Marana, Arizona Resolution No. 2002-68 Page 3 of 3
F. ANN RODRIGUr-' RECORDER
RECORDED BY: D h
DEPUTY RECORDER
7864 PE3
DO~T: 11821
PA 2625
NO. OF PAGES: 16
SEQUENCE: 20021150622
06/14/2002
AG 16:10
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID
$
13.50
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT
THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana
Municipal Code, made and entered into this 4th day of June 2002, by and between the TOWN OF
MARANA, hereinafter called the Town, and JOSE PROL, hereinafter called the Applicant.
WITNESSETH:
WHEREAS, the Applicant desires to install a water facility to provide service to the following
described parcel ofland (legal description) described on Exhibit "A" attached hereto; and
WHEREAS, the following special condition(s) applies to the above-described property only when so
indicated by an "X" next to the condition described below:
N/ A (1) The water facility will be a Protected Main per Plan No. and, therefore,
will be subject to the conditions outlined in Section VII of this Agreement.
N/ A (2) The water facility will be a Protected Booster per Plan No. and, therefore,
will be subject to the conditions outlined in Section VIII of this agreement.
X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as
authorized by the Marana Municipal Water Code.
N/A (4) The system herein permitted is located within the area specific water
system plan and is thereby subject to an additional water development fee as authorized
herein and by the Marana Municipal Water Code. Payment of the development fee is
required prior to water service connection to the system.
N/A (5) The Applicant acknowledges that the Town may not have an adequate water supply in the
vicinity of the above-described property to meet fire flow requirements. The Applicant
further acknowledges that this condition may not change in the future and agrees to accept
the level of water service that now exists or may exist in the future. Applicant shall
indemnifY, defend, and save harmless the Town, its Mayor and Council, officers and
employees, boards, committees and commissions from and against any loss, claim, suit,
demand, cause of action, or liability of any nature, including but not limited to damage to
property and injuries to persons, including death, arising or alleged to have arisen, in whole
or in part, out of the provision, or failure of the Town to provide, water service adequate to
meet fire flow requirements to the property.
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N/A (6) Town agrees to reimburse the Developer for the cost differential for constructing excess
facility's capacity in accordance with the rates as specified herein and in the Marana
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Municipal Water Code (or as amended thereafter). Reimbursement payment shall be
initiated upon "final acceptance" ofthe facilities by the Town.
x (7) The installation charge for each five-eighth-inch (5/8") or larger size meter will be in
accordance with Section 14-7-2 of the Town of Marana Municipal Water Code.
WHEREAS, the required plans, specifications, and materials for said facility have been approved
by the Town; and
WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water
facility; and
WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town
Water System provided it meets Town standards and the work is done in accordance with Town
requirements.
NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS
HEREBY AGREED AS FOLLOWS:
1. GENERAL
1. The Applicant shall design and install, at Applicant's own expense, a water facility in
accordance with Plan No. ENG-0205-006 and shall conform to the design standards of the
City of Tucson Water Department and the Town of Marana Municipal Water Code and
special specifications and details as approved by the Town and by this reference made a part
hereof. The document referenced herein as Plan No. ENG-0205-006 shall include a plan note
for new water facility and any and all alterations to the existing water system and is included
herein as Exhibit "B." Applicant agrees to furnish Marana within thirty (30) days of
construction "as-built" drawings in both handwritten and electronic format certified as to
correctness by an engineer registered in the State of Arizona.
2. The work permitted by this Agreement shall be done by a contractor properly licensed by the
State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to
perform work described herein in accordance with plans approved by the Town.
3. Before any service connections are made to the system herein permitted, the Applicant shall
pay to the Town the connection fees required by the Marana Municipal Water Code or any
other required fees referenced therein.
4.
No service connections will be made until the system has been accepted by the Town in
accordance with the Marana Municipal Water Code.
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5.
Any property connecting onto a water main must have a minimum of fifteen feet (15') of
frontage upon that main. The provision or existence of a water or other utility easement shall
not constitute frontage for purposes of this paragraph.
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6.
Meter application will be accepted only if the property to be served is fronting the waterline.
Only one water meter application will be allowed per legal description unless property owner
can provide the Town with justified plans as to what type of improvement/development is
taking place on the parcel of land. If a property owner applies for a meter while the property
is fronting the water main and later sells that portion of land which is fronting the water main,
the water meter will revert to the new owner unless other arrangements are made and are
approved by Engineering Support Services prior to conveyance.
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7.. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to
complete the work herein permitted.
8. Execution of this Agreement certifies that the Applicant has reviewed the plans and
specifications, approved the location of service lines, and is in full accord therewith.
9. Projects that are inactive for more than one year will be canceled, along with the Construction
Agreement, if applicable. An unapproved plan will be canceled if more than one year has
passed since the last review and the plan has not been resubmitted. An approved plan will be
canceled if more than one year has passed since plan approval, and construction has not
begun.
II. ENGINEERING AND INSPECTION
1. When the cost of construction is greater than Twelve Thousand Five Hundred Dollars
($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system
design and to layout and establish control lines and certifY the layout according to the
approved plans.
2. Any inspector authorized by the Town shall have full inspection authority over the work to be
performed hereunder.
The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full
information concerning the work. The work shall be subject to Town inspection at all times.
Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection
by the Town is for the purpose of ensuring compliance with plans and specifications only.
The Town makes no guarantee as to the safety or engineering soundness of plans prepared by
Applicant or any contractor.
3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any
overtime, or during any hours other than a normal 40 hours in a work period, or on a legal
holiday as defined by the Town, the Applicant or the contractor shall compensate the Town
for any additional salaries, expenses or employee benefits relating to such overtime or holiday
work. Such additional inspection costs will be billed to the Applicant. A normal work period
shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an
eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday,
continuing in seven (7) day increments.
III. PRECONSTRUCTION PROCEDURE
1.
The Applicant shall submit a written request to begin construction to the Town five (5)
working days prior to the time the work is to commence.
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2.
This Agreement shall be completed, signed and notarized, and returned to the Town prior to
issuance of a construction permit.
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3.
No work shall commence until the Town has issued a construction permit which will specify
the starting date and a reasonable time for completion.
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4.
The work shall be commenced and carried on at such points and in such order as may be
directed by the Town.
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5. Materials used in the construction shall be available for sampling and testing prior to being
used in the work. Materials that fail to meet Town specification shall be removed from the
site.
6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for
work permitted herein, pay all fees and comply with all laws, ordinances and regulations
relating to the work, public health and safety, and safety of Applicant's employees or
employees of Applicant's contractors.
IV. CONSTRUCTION
1. The Town shall be notified of the date upon which work shall be commenced.
2. The Applicant, or Applicant's designated agent, shall be present at all times during
performance of the work. The name of the designated agent and the contractor performing
the work shall be furnished to the Town before commencement of the work. Instructions
given the designated agent on the work site shall be deemed to have been given to the
Applicant.
3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on
the work, and the Applicant agrees to perform the work diligently to complete the work on or
before the completion date given in the "Notice to Proceed."
4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to
final grade after paving.
5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water
system either on-site or off-site necessitated by paving, drainage, or other improvements
caused by this development.
6. The Applicant shall require the Contractor or subcontractor to comply with all safety
requirements of the Occupational Safety and Hazards Act as set forth by the Federal
Government and as implemented by the State of Arizona. The Applicant or Applicant's
contractor shall be solely responsible for all fines or other penalties provided for by law for
any violations of the Occupational Safety Hazards Act.
V. INDEMNITY
1.
In addition to any liability imposed by law, which liability is not affected hereby, on behalf of
Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant
shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and
employees, boards, committees and commissions from and against any loss, claim, suit,
demand, cause of action, or liability of any nature, including but not limited to damage to
property and injuries to persons, including death, arising or alleged to have arisen, in whole or
in part, out of any negligent act or omission of Applicant or any such contractor or any
subcontractor, or any person employed directly or indirectly, by any of them in the
performance of any work or operations pursuant to this Agreement.
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VI. DEDICATION
1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the
Town said water facility to be installed pursuant to this Agreement free and clear of all liens,
claims, charges or encumbrances upon final acceptance of said work by the Town.
2. The Applicant guarantees the work to be free from all failures due to poor workmanship or
materials for a period of two (2) years from the final acceptance date by the Town.
3. The Applicant shall not construct any utility, building, or other improvement that would
interfere with the operation or maintenance of the waterline or water facility to be installed
pursuant to this Agreement.
4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to
finish grade and that Applicant will remain responsible for raising/lowering said services as
required until the area described is fully developed.
5. The Town shall accept title to and take possession of the said facility upon completion of said
work to the satisfaction of the Town; and upon acceptance and approval of said work, the
town shall operate and service said facility.
VII. PROTECTED MAIN
1. Any portion of the system described as a Protected Main in the preamble hereto shall be
eligible for protection as authorized herein and by the Marana Municipal Water Code.
(a) Participating property which is resubdivided or split in such a manner that any portion
thereof no longer fronts upon the protected main for a distance of at least fifteen feet (15')
will not be considered a participating property and will not be eligible for a water
connection to the protected main or any main in the absence of a remote meter
agreement.
2. Upon completion and acceptance of the facility installed pursuant to this Agreement, the
Applicant may be eligible for refund of that portion of the cost that is not directly attributable to
providing water service solely to Applicant's property as follows:
(a) When a meter application is received by the Town for a water service or water main
connection to the water main installed pursuant to this Agreement by nonparticipating
property fronting the main, the Town will collect the fees required herein and by the
Marana Municipal Water Code and shall be refunded to the Applicant.
(b) These sums, or portions thereof, when collected by the Town shall be refunded to the
Applicant as a pro-rata share of the refundable portion of the cost of the water main based
upon the "as-built" footage and costs of services including source, transmission,
pumping, and storage capacity of the main installed by the aforesaid Agreement in said
street, alley or easement right-of-way.
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(c) In no event will the aggregate amount refunded exceed the full, authorized refundable
portion of the cost of the water facilities installed. In the event the full authorized amount
has not been refunded within fifteen (15) years from the date of this Agreement, any
balances remaining unpaid shall be considered canceled, and the Town shall be fully
discharged from any further obligations under this Agreement.
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3. Upon completion of construction, a refund amount due to the Applicant will be determined
based on the rates set forth in the Marana Municipal Water Code.
4. The Town makes no guarantee that the Applicant will recover the full balance due in case it
becomes necessary to construct other water mains to serve the same properties or if the sums
collected do not cover the full cost of the water main installed or if the property is served by
mains otherwise constructed.
5. Extensions of the system described in the preamble hereto to provide service to subdivisions,
lots or parcels remote from the street, alley or easement right-of-way line containing the
aforesaid protected main, will not be subject to protected main fees.
VIII. PROTECTED BOOSTER (N/A)
1. Any portion of the system described as a Protected Facility in the preamble hereto shall be
eligible for protection as authorized herein and by the Marana Municipal Water Code.
2. Upon completion and acceptance of the facility installed pursuant to this Agreement, the
Applicant may be eligible for refund of that portion of the cost that is not directly attributable
to providing water service solely to Applicant's property as follows:
(a) When a meter application is received by the Town for a water service served by the
booster installed pursuant to this Agreement by nonparticipating property, the Town will
collect the fees required herein and by the Marana Municipal Water Code and shall be
refunded to the Applicant.
(b) These sums, or portions thereof, when collected by the Town shall be refunded to the
Applicant as a pro-rata share of the refundable portion of the cost of the booster based
upon the final cost of the booster installed by the aforesaid Agreement.
(c) In no event will the aggregate amount refunded exceed the full, authorized refundable
portion of the cost of the water facilities installed. In the event the full authorized amount
has not been refunded within fifteen (15) years from the date of this Agreement, any
balances remaining unpaid shall be considered canceled, and the Town shall be fully
discharged from any further obligations under this Agreement.
3. Upon completion of construction, a refund amount due to the Applicant will be determined
based on the rates set forth in the Marana Municipal Water Code.
4.
The Town makes no guarantee that the Applicant will recover the full balance due in the
event it becomes necessary to construct other water mains to serve the same properties or if
the sums collected do not cover the full cost of the water main installed or if the property is
served by mains otherwise constructed.
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5.
Refundable amounts will be based upon a pro-rata share of the final cost of the facility
improvements divided by the nonparticipating area yet to be developed in accordance with
the Marana Municipal Water Code and this agreement.
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THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties; provided however that Applicant may not assign this
Agreement without the prior written consent of the Town.
THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. g38-511.
[The remainder of this page intentionally left blank]
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IN 'WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed
by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by
its proper officers thereunto duly authorized, all as of the day and year first above written.
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Applicant
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Signature
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Title
By:
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Print Name
fo 90 C( .ILl, CA' AI) I A/ () V ~ "O.te..
Street Address
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City
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Zip Code
STATE OF ARIZONA)
) SS.
COUNTY OF PIMA )
On this, the i 3+:!>- day of fhc...4 ' 2002, before me personally appeared
.JOSE' Y/"..:.oL , mown to me to bet11e persons who subscribed the foregoing instrument
and acknowledge that they executed the same for and on behalf of said person/corporation for the
purposes and considerations therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~C2--kZ--O
otary Public ---
My Commission Expires: ~~P<" ~ 0U:l-..:Q
Its:
LORI WARD PROL
Notary Public . Arizona
PIMA COUNTY
My CommIssIon Expire.
OCTOSER 29. 2002
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THE TOWN OF MARANA
By:
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APPROVED AS TO FORM
ATTEST:
By:
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s own Attorney and not personally
EXIDBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
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BELMONT RD.
LOCA TION MAP
SECTION 3, T 13 S, R 12 E
G. & S. R. M., PIMA COUNTY ARIZONA
SCALE :$" -1 MILE
WATER DISTRIBUTION SYSTEM TO SERVE
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THEPROLPARCEL 1
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Arrow Land Survey, Inc.
3121 E. Kleindale Road
Tucson, Arizona 85716
Phone (520) 881-2155
Fax: (520) 881-2466
LEGAL DESCRIPTION
JOB NO. 01136
June 4, 2001
PARCEL 1
That portion of the Southeast quarter of the Northwest Quarter of Section 3, Township 13
South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as
follows:
Commencing at the north one-quarter comer of said Section 3;
Thence South 01003'37" East 1301.43 feet upon the mid-section line of said Section 3;
Thence South 89047'31" West 30.00 feet to the Point of Beginning on the west right-of-
way of "Camino Verde";
Thence South 01003'37" East 709.02 feet upon said west right-of-way line;
Thence North 56026'37" West 449.42 feet;
Thence North 33033'23" East 552.32 feet;
Thence North 89047'31" East 56.10 feet to the Point of Beginning.
Said portion contains 144,000 square feet or 3.31 acres.
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EXIDBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
ON-SITE WATER FACILITY
TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility
Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide
engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may
be more specifically described as follows:
e.;<!&. aZo5 - aD (.0 -5HI / Dr I -:?U;<f SHaW~
PI 'PlEt-/N€ rLJ -se~VG me 1>1et::>L. P.4~/!EL /
~tA~yW~~~ p;eePAIf~b BY' WAYNe. muR€SQN
[Please provide a detailed description of the Plans and Specifications including the date and the code
number of the Plans and the name of the Engineering firm which prepared the same.]
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EXHIBIT "C"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
OFF -SITE WATER FACILITY
TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility
Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering
drawings may be more specifically described as follows:
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rA~/'-/T'Y OXI rH/S I>JeDdBCT
[Please provide a detailed description of the Plans and Specifications including the date and the code
number of the Plans and the name of the Engineering firm which prepared the same.]
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EXHIBIT "D"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER
[Please slip a line by line itemized breakdown of
the Estimated Cost of the On-Site Water Facility
to be installed in accordance with this Agreement
behind this cover sheet.]
Please set forth the total expense the Developer/Applicant is to incur for the construction.
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EXIDBIT "E"
ACTUAL COST OF
ON-SITE WATER FACILITIES
[To be attached at time of completion.]
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