HomeMy WebLinkAboutResolution 2001-061 agreement for construction of water facilities near cortaro ranch F. ANN RODRIGUEZ, ~ECORDER ~ DOCKET: 11565
· RECORDED B~: VLW ~ PAGE: 3296
~ ~ DEPUT~ RECOEDER NO. OF PAGES: 23
7995 ROOA SEQUENCE: 20011101096
~ SM~RA 06/07/2001
C TOWR OF ~ KES 16:32
ATTN: TOWN CLERK
13251 N LON ADAMS RD M~IL
~ AS 85653
AMOUNT PAID $ 17.00
MARANA RESOLUTION NO. 2001-61
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 ROMULUS INC.FOR CONSTRUCTON OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE.
WHEREAS, Romulus Inc. intends to facilitate the development of that certain property to
be called International House of Pancakes (the "Property"), more specifically described within Exhibit
"1," an Agreement for Construction of Water Facilities and Provision of Water Utility Service
between the Town of Marana and Romulus Inc. (the "Agreement"); and
WHEREAS, Romulus Inc. desires to arrange for the provision of water service to and within
the Property in connection with Development thereof; and
WHEREAS, Marana is willing to provide water service to and within the Property in
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the
Agreement; and
WHEREAS, Romulus Inc. agrees to the construction of water facilities for International
House of Pancakes; and
WHEREAS, the Town of Marana, agrees to provide water service to the International House
of Pancakes development, pursuant to the terms and conditions of the Agreement; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are
in the best interest of the Town~
1
1
S
S
3
9
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 Romulus Inc. attached hereto as Exhibit "1" and incorporated herein by this reference,
for construction of water facilities and provisions for water utility service.
PASSED AND ADOPTED by the Mayor and Council oftbe Town of Marana, Arizona, this
5th day of June, 2001.
ATTEST: ~
Mayor I~B~Y~UTTON, JR.
Daniel J' Hochuli, Esq
As Town Attorney
and not personally
1
1
· EXHIBIT 1
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
Water System Line Extension Agreement .-
~ THIS AGREEMENT FOR CONSTRUCTION OF WATER FACIUTiES, , .
day of ~/~,~' entered into as of the
· , ~L~_...~q~_~ by and betweer~ the TOWN O
Anzona mumc~al cot orafio . _ ..... F MARANA, ARIZONA, an
P n, (hereinafter r~ferred to as "Marana") and ROMULUS INC.
(hereinafter referred ta as the ' Developer" ~"Applicant'% is for the construction of Water
Facilities necessary to provide water utility service to its Properly, 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/Applicant is desirous of securing water to the area more
Particularly described in Exhibit "A" afl.ached hereto and made a part hereof, and will
construct by private contractor certain water facilities and upon completion will transfer the
ownership thereof to Marana for such purposes; and
WHEREAS, Marana is willing to supply water to Developer/Applicant in accordance
with the Municipal Code of the Town of Marana, and in accordance with the terms of this
Agreement.
COVENANTS
NOW, THEREFORE, in cansiderafion of the mutual cavenants, conditions, and
agreements set fori'h below, the parties agree as follows:
1. DEFINITIONS
1.1 Applicant or Developer: Those individuals and entities whose names and
signatures are affixed to Schedule 1, and their successors and assigns.
1.2 Property: That certain property or real estate development as shown on Exhibit
"A" afl.ached hereta and made a part hereof.
1.3 Water Facilities: Public water facilities 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/Applicant and inspection and acceptance by
Marana, are deeded to Marana for operation and maintenance, including 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 necessary for service to the Property and
appurtenant to the municipal water supply system of the Town of Marana.
-1-
· 2. CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specification. Developer/Applicant shall design and construct, af
Developer/Applicant's own expense, the Water Facilities in accordance with approved Plans
and Specifications. A copy of said approved Plans and Specifications for the Wafer Facilities
and Easements and Rights of Way are at~ached as Exhibit "B" for the Plans and Specifications
and Exhibit 'B-l" for the Easements and Rights of Way. The approved Plans and
Specifications shall conform to the design standards of (i) the City of Tucson Water
Department, or (ii) the Town of Marana Water Department, and be capable of serving the
wafer needs of all commercial and noncommercial development, and be sized to serve the
maximum authorized development of the Property and shall designate the point of
interconnection referred to in §2.6. A copy of said approved Plans and Specifications for the
Wafer Facilities is affached as Exhibit "B". For the purposes of this paragraph, the provisions of
the Marana Town Code §14.4 and 14.5 and any successor or amendatory provisions are
incorporated herein as though set forth in full and the Developer/Applicant, 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.
2.2 Plans and Specifications, Approval. The Plans and Specifications for the Water
Facilities shall be reviewed and approved in writing by Marana and the Arizona Department
of Environmental Quality or the Pima CountF 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 authorit-¢ to
prescribe regulations with respect to the location and manner of installation.
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 by reference in Exhibit "'B"'. Developer/Applicant
shall repair, or remove and replace, at Developer/Applicant% 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 Connectinc~ New Facilities. Upon completion of the Water Facilities, the
Developer/Applicant 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
be connected to Marana's existing water facilities at the point or points directed by Marana
for Service Area requirements. After commencing water service to the Properiy, for the
purposes of this paragraph, the provisions of the Marana Town Code § 14-7 and any successor
or amendatory provisions are incorporated herein as though set forth in full and the
Developer/Applicant, except to the extent to do so would be inconsistent with the provisions
-2-
t- thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer
described therein.
2.7 Inspection, Testinq and Correction of Defects. Developer/Applicant 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/Applicant unwarranted delays in the ordinary
course of construction. Developer/Applicant shall promptly notify Marana when the Water
Facilities under construction are ready for inspection and testing, and Marana shall 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/Applicant 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/Applicant from ifs 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/Applicant agrees that no
inspection by or on behalf of Marana shall relieve Developer/Applicant from its obligation to
do and complete the Work in accordance with this Agreement. If of any time before the
final completion and acceptance of the Work, 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 revoke acceptance of such defective or deficient Work and require
Developer/Applicant to repair, replace or make good on such defective Work. Morona
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 ~:acilities have been constructed in accordance with the plans and specifications
approved by Marana and are satisfacfow to Marana upon inspection and testing.
Developer/Applicant 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 Chanpe Orders. In the event that any applicable governmental agency,
Marana or the Developer/Applicant makes (or is desirous of making) any matedal changes to
the design of the Water Facilities which are to be constructed in accordance with the Water
Plans referred to in Exhibit "B" to this Agreement, the Developer/Applicant shall (o) obtain
Marana's prior wri~en 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/Applicant agrees to furnish Marana, within thirty (30) days
after completion of construction, copies of ail Developer/Applicant, subcontractor, vendor
and all others invoices for all engineering and other services, materials purchased, materials
installed, construction performed, equipment provided, materials purchased and all else
done directly in connection with construction pursuant to this Agreement at the actual cost
thereof.
2.10 Liens. Developer/Applicant 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/Applicant 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/Applicant shall also pay, satisfy and discharge all mechanics', material
men's and other liens, and ali 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/Applicant, its employees, agents, servants, suppliers, or subcontractors, or the
-3-
employees, agents, servants or suppliers of its subcontractors, in connection with or relating to
the performance of this Agreement.
-4-
2.11 "As-Bull1" Plans. Developer/Applicant agrees to furnish Marana, within thirty
(30) days after completion of construction, "as-built" drawings in both handwrilffen 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/Applicant pursuant to this Agreement until
this condition is satisfied.
2.12 Risk. Developer/Applicant 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 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/Applicant's own expense.
2.13 Uability. Developer/Applicant 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, its agents, servants or employees in
the execution of and performance of the activities and Work contemplated herein or in
connection therewith. Accordingly, Developer/Applicant will indemnify, appear and defend
and hold Marana, and its elected officials, employees, agents and consultants (' Marana')
harmless from and against claims, (except and ta the extent that the same is caused or
contributed to by a third part'y) 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/Applicant will assume the defense of Maran'a at
Developer/Applicant's expense and will pay all judgments rendered therein.
2.14 .insurance. Developer/Applicant agrees to procure and cause Marana ta be
an 'additional insured" upon and maintain all of the insurance policies described below,
including insurance covering the obligations assumed by Developer/Applicant under
subparagraphs (a), (b) and (e) 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). Uability Insurance. Comprehensive general liability insurance, including
operations and protective liability coverages. When the work to be performed requires
blasting, Developer/Applicant'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/Applicant, in connection with the work.
2.15 Easements. For the purposes of this paragraph, the provisions of the Marana
Town Code §14-3-7 and any successor or amendatory provisions are incorporated herein as
though set forth in full and the Developer/Applicant, 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/Applicant shall provide to
Marana recordable easements and required surveying, over, under, and across all podions of
the main and pipeline routes as may be necessary to serve each parcel or lot within
-5-
Developer/Applicant's development. If Developer/Applicant's development involves road
construction, oll roods and drainage ways will be brought to grade by Developer/Applicant
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.
2.16 Service Lines, Valves, Meters and Meter Service. Develbper/Applicant 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 Marano Town Code §14-3-6 and any
successor or amendofory provisions are incorporated herein as though set forth in full and the
Developer/Applicant, 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/Applicant is in compliance with this
subparagraph, Marana agrees to waive any water connection or meter installation fees for
new connections within the Properly.
2.17 No Permanent Structures on Easements. No permanent structures (i.e.,
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 Town Code §14-3-7 and any successor or amendatory provisions are incorporated
herein as though set forth in full and the Developer/Applicant, 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/Applicant in connection with construction of the Water Facilities
under this Agreement and the completed facilities as installed shall, upon Marana's Wrilffen
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 Morana or further acceptance by
Marana. Developer/Applicant 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/Applicant shall, at Developer/Applicant's sole cast 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 Town Code
§14-4 and 14-5 and any successor or amendatory provisions are incorporated herein as
though set forth in full and the Developer/Applicant, except to the extent ta 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 and direction by Marana, Developer/Applicant shall, at
Developer/Applicant'~ 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/Applicant's development.
3.3 The Water Facilities shall be transferred to the ownership of Marana upon their
completion, and no refunds to Developer/Applicant from subsequent revenues shall be
provided, unless mutually agreed upon.
-6-
4. SECURITY REQUIREMENT
4.1 In accordance with Arizona Revised Statutes and the Marana Municipal
Code, this Agreement is contingent upon Developer/Applicant furnishing Marana with such
security as may be appropriate and necessary, as determined by the Marana Utility Director,
to assure Marana that Developer/Applicant 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 Town Code
14-5 and any successor or amendatory provisions are incorporated herein as though set forth
in full and the Developer/Applicant, 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 na obligation to
provide water utility service to-Developer/Applicant or the Property until each and every
condition of this Agreement has been met and satisfied, Marana agrees that upon
satisfaction of each and every condition provided in this Agreement, that it will then provide
water utility service to the Developer/Applicant's Property.
5.2 Developer/Applicant agrees to assign to Marana, as a condition of Marana
providing water utility service, every portion of its Irrigation ar Type t Nan-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 development.
Developer/Applicant 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 Properly upon acceptance of the Property into Marana's service area by the
Central Arizona Groundwater Replenishment District (CAGRD). Developer/Applicant
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
6.1 In the event Developer/Applicant 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 na further force and
effect.
6.2 Pursuant to A.R.$. § 38-511, 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/Applicant 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/Applicant unless the notice specified a 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/Applicant arising as
the result af this Agreement. --
-7-
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/Applicant agrees td'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/Applicant or its
employees or agents.
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: Town Manager
Town of Marana
13251 N. Lon Adams Road
Marana, Arizona 85653-9723
With copy to: Hochuli & Associates, P. C.
Town Attorney
220 E. Wetmore Road
Tucson, Arizona 85705-1748
and copy to: Martinez & Curtis, P.C.
, Attention: William P. Sullivan
2712 N. 7th Street
Phoenix, Arizona 85[]06-1090
To Applicant: Romulus Inc.
26D0 N. 44'~ Street
Phoenix, AZ 85008
with a copy to:
9. SEVERABILITY
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.
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/Applicant.
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 Marancr- 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.
] 1.4 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. 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 additian fo all other
remedies available at law or in equity. No waiver by Marana af any breach by
Developer/Applicant of any provision of this Agreement nor any failure by Marana to insist on
strict Performance by Developer/Applicant af any provision of this Agreement shall in any
pendent contractor and not an agent or employee of Mar~%~ IDeveloper/Appllcant is
11.7 This Agreement, and all rights and obligations hereunder, including those
regarding water service to the Developer/Applicant, 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 appraved by the Mayor and Council of the Tawn of Marana now
or as they may be changed and approved by the Mayor and Cauncil of the Town of
in the future. Marana
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
TOWN OF MARANA
$EAL
APP~ORM ATTEST:
Attoinef not person
-9-
DEVELOPER / APPLICANT
ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF
This instrument wes acknowledged before me this _L/~_~f!'day of
~x ~ ~ of _~ ¢~ v~<.,
/Nota[y Public ' " - ~
C My Corem ss on Expires: a~ Nofory Public- ~zono
~6 J ~ ~l~l uo~co~ C~n~
~ ~ U~em~r 22, 2004
6
3
.3
0
?
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
W_ITH LEGAL DESCRIPTI~Oi'~_/
(Please slip the location map of the development
behind this cover sheet.]
Describe the Connection onto the Town's water system of Cortaro Ranch Subdivision's existing
8-inch main line apProximately 20 feet north of Cerius Sfravenue off Cortaro Farms Road with
an 8-inch main line P.V.C. Class 200 DR 14.
!
!
S
S
3
3
8
-11-
-f
ILl
,, i ~_~o~-.~
~ 0.- Z. ~:~
"? "~ '"~/a<~-
.'"'" ~ 0 ~
Z~
-11.1-
EXHIBIT A CONTINUED
A-.~PUBLI~C WATER EASEMENT DESCRIPTION
PREPARED BY
DAVID EVANS AND ASSOCIATES, INC. --
DEA JOB NO. SPER0001
August 29, 2000
A Water Easement in Parcel 1 as recorded in Book 19 of Records of Survey at Page 52
in the Office of the Pima County Recorder, Pima County, Arizona, said Easement being
in the Northeast one-quarter of Section 26, Township 12 South, Range 12 East, Gila &
Salt River Meridian, Pima County, Arizona, said Easement being 15.00 feet wide and
lying 7.50 feet on each side of the following described centerline:
Commencing at the Northeast corner of said Parcel 1, thence South 00o00,00,, .West,
along the East property line of said Parcel 1, a distance of 31.44 feet to the POINT OF
BEGINNING;
Thence North 90°00,00" West, a distance of 88.76 feet to Point "A";
Thence continuing North 90°00,00" West, a distance of 0.97 feet to Point "B";
Thence North 00°00'00. East, a distance of 24.50 feet to a POINT OF TERMINUS;
Thence beginning at Point "B", North 90°00,00'' West, a distance of 21.32 feet to a
POINT OF TERMINUS;
Thence beginning at Point "A", said easement now being 22.50 feet wide and lying
11.25 feet on each side of the following described line, South 00o00,00. West, a
distance of 35.33 feet to a POINT OF TERMINUS.
The side lines of said easement are to be shortened or lengthened to begin at the East
property line of said Parcel 1 and end at the North side of the proposed I-HOP building.
-11.2-
EXHIBIT A CONTINUED
DUE TO SIZE LIMITATIONS FOR RECORDATION,
PORTION OF EXHIBIT A HAS NOT BEEN _ A
RECORDED WITH THIS RESOLUTION. THE
MISSING PORTION IS A ONE PAGE COPY OF THE
RECORD OF SURVEY FOR SPLIT OF LOT 293 OF
CORTARO RANCH (BOOK 51 PAGE 6 M&P). THIS
RECORD IS AVAILABLE FOR REVIEW AT THE
MARANA TOWN HALL, 13251 N. LON ADAMS
ROAD, MARANA, AZ 85653 OR CONTACT THE
TOWN CLERK AT 520.682.3401.
1
1
-3
3
1
-11.4-
EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANs AND SPECIFICATIONS OF THE
~WATER UTILITY FACILITIES TO BE CONSTRUCTED HERELJND~:~
Reference is hereby made to those certain 24" X eng neenng drawings of the Water Facilities
,30 ' ·
Plans. Copies af such engineering drawings may be reviewed at Marana~ offices. Such
engineering drawings may be more specifically described as follows:
[Please provide a detailed description of the Plans and Specifications including the date and
the code-number af the Plans and the name of the Engineering firm which prepared the same.,~
1
!
3
3
1
3
-12-
EXHIBIT "C"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
~WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUI~I-DEf.,
[Please slip a line-by-line itemized breakdown of
the Estimated Cost of the Water Utility Facilities
to be installed in accordance with this Agreement
behind this Cover sheet.)
Please set forth the total expense the Developer/Applicant is ta incur for the construction.
1
1
3
1
-]3-
EXHIBIT
MARANA
WATER
DEPARTMENT
FINAL ESTIMATE & MATERIAL TAKE-OFF
NAME: _ Water Distribution System for IHOP
PLAN NO. G26 0032WA
Date: Januar~.y 8. 2001
This project is installing Potable Mains
Reclaimed Mains
This project is located entirely/partly within the
_ service area.
This project is located entirely/partly within ~ Marana City/Town Limits.
Q~uantit~ Size Item
_ 200 6" Pipe ........... @ $ ~Cost Total Cost
· " 15.00 = $ 3,000.00
-- _ Pipe ................................... @ __
- Pipe .............. @ -- = _$
- Pipe ............ . @ - = ~
- . D.~. Pipe .............................. @ -- =_$
_ 2 6" Valves, B & C ..................... @ ~ 525.00 1,050.00
- _ Valves, B & C ..................... @ -
- Valves, B & C ..................... $ -
- Valves, B & C ..................... @
1 _ 8"x6" TapPing Sleeve & Valve, B&C @ "$ 1,100.00 _~ ~ 1,100.00-
- 1 '2" Tapping Sleeve'& Valve, B & C @
. Drain Valve Assembly (Paved Area) ......@ ~ 300.00 __= _~ 300.00
2" Drain Valve Assembly (Unpaved Area) ... @
1 Rre Hydrants
- ' ...................................... @ -$ ~,200.00: ~~,200.00
_ Paving Repl. 6" ABC 2" Asphalt
Paving Repl. 6" Conc. 2" As -- ' .... @ = $
-- pnalt ..............@ _ = ~
@ = $ 1
' - @ = $ 6
TOTAL ESTIMATE 3
= $ 6,950.00 3
Total Estimate (Includes), (Does not include) Items from Supplementary Sheet
-13.1-
E×NI6 T c
MARANA Plan No. G26 0032W~A
WATER
DEPARTMENT
SUPPLEMENTARY SHEET
.(TO BE USED ONLY IF NEEDED)
_ . .5 & 2' ~r Pipe with fittings .............. @
_ 3'4" & 1" ~r Pipe Nth fittings ............... -- = $
_ 2" ~r Pipe ~ without fittings ............. @ = ~$
-- t 5" CoR:~ PiPe ~..~_j without fittings @ = $ -
_ 1" Copper Pipe ~ without fittings ............ @ = $
3/4""' .... ' ...... @ = $ -
-- ~ Plpe ~ without fJtt rigs ........ @ -- - --
.5 & 2' Ser~ce 7~e-Over = $
__ 3/4" & 1" Service ]~e-Over = $
_ 1.5 &Z ServiceRenevmJs ....... @ -- _
_ 3/4" & 1" Servfce Renewals - = $
__ 1" & 3/4" New Split Water Service Stub ......... -- -
1 @ =~$ -
2" New Water Service Stub
" ' ............... $ oo. oo-
_ 1.5 New Water Service Stub - =
_ 1" · .......... @
New Water Service Stub -- = .$
3z" · .......................@ =--$
_ 4 New Water Ser~ce Stub .. . @ = .$
-- Pipe ............... .. @ -- = -$ _
-- _ Pipe ............... . @ -- = ~
- . D.I. Pipe ................ @ . =_$
. _ Casing for Boring .................. @ - = $ _
- ., Piling for River Crossing ......... @ = _$
- . Tapping sleeve & Valve, B&C @ = $
· _ Tapping Sleeve & Valve, B & C @ -- = _~
-- -- Tappingsleeve&Va/ve, B&C @ = $ 1
- AJrReleaseValve~y... @ -- = '$ -
-- Pressure Reducer Valve ........ @ - = -$ 5
Ohed< Valve -- _
' -- - ....................... @ = $ 6
· ' @ = $ 3
@ = $ - 3
-,
-- @ = $
-13.2-
EXHIBIT "D"
ACTUAL COST OF
WATER FACILITIES
[To be Attached Forthwith Upon ISSuance of Same.)
Please set forth the total expense the Developer/Applicant is to incur for the construction.
I
!
3
3
1
-14-
EXHIBIT D CONTINUED
S T R O C T I O N, I N C.
DBA, Muscarella Construction, Corp.
P.O. Box ]812 · Flagstaff, AZ 86002 · Phone: (520) 779-5737 · Fox: (520) 779-9561
June 5, 2001
Town of Marana
3696 W. Orange Grove Road
Tucson, AZ 85741
Rcf: I.H.O.P. Marana, AZ
Subject: Cost of water dislrJbudon
The cost oft. he water distribution is $17, 100. T/tis includes/ronchthg, backfilling, the fire hydrant, water fie-ins,
water to the building and all valves associated with the waterline.
Very Truly Yours,
George Zakar
Smaightline Construction, In~.
1
1
3
3
!
8
General Contracting · Construction Management · Design Build
Arizona Licences · Com. B1-124280 * Res. 8-124279
-14.1-