HomeMy WebLinkAboutResolution 2001-121 IGA with tucson and hb land development for provision of water service F. ANN RODRIGUE~., RECORDER ~ DOCKET: 11648
P~ECORDED BY: VLJ /~_~ PAGE: 2327
DEPUTY RECORDER ~ NO. OF PAGES: 13
7995 ROOE SEQUENCE: 20011930630
SM~RA 10/04/2001
TOWN OF M~.RANA RES 16:47
ATTN: TOWN CLERK
13251 N LON ADAMS RD M~IL
M~RANA AZ 85653
AMOUNT PAID $ 12.00
MARANA RESOLUTION NO. 2001-121
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AUTHORIZING THE APPROVAL OF AN INTERGOVERMENTAL AGREEMENT BETWEEN
THE CITY OF TUCSON AND THE TOWN OF MARANA AND HB LAND DEVELOPMENT
RELATING TO THE PROVISIONS OF WATER SERVICE IN CONTINENTAL RESERVE.
WHEREAS, The City of Tucson currently owns and provides water service to customers
within Sunset Ranch Estates which is adjacent to Continental Reserve; and
WHEREAS, Sunset Ranch Estates is served via a 12" water main that connects to the City
of Tucson Water Dism'bution System near the planned intersection of Continental Reserve Loop
Road and Silverbell Road and then extends within existing right-of-way easements along Artesiano
Road and Pima Farms Road as part of the development of Continental Reserve; and
WHEREAS, IdB Land Development Company is arranging for the construction ora water
supply and distribution system within Continental Reserve that will be transferred to Marana; and
WHEREAS, this infrastructure will provide an additional point ofinterconnection between
the City of Tucson water utility system and the Town of Marana water utility system, allowing
exchange of potable water; and
WHEREAS, the City of Tucson has agreed to abandon its easement for the 12" water main
through Continental Reserve in consideration of $100,779.91, payable by FIB Land Development
Company; and
WHEREAS, the Town of Marana agrees to reimburse HB Land Development Company the
sum of Two Hundred Dollars ($200.00) for each connection fee actually collected for new residential
water connections within Continental Reserve until the $100,779.91 paid to City of Tucson by HB
Land Development Company is paid ofl~ and
WHEREAS, the Town of Marana agrees to then provide water service to Sunset Ranch
Estates, pursuant to the terms and conditions of the Intergovernmental Agreement attached hereto
as Exhibit A; and
WHEREAS, the Mayor and Council find that the terms and conditions of the
Intergovernmental Agreement are in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, to authorize the approval of the Intergovernmental Agreement between the City
of Tucson, the Town of Marana and HB Land Development Company, attached hereto as Exhibit
A and incorporated herein by this reference, for abandonment by City of Tucson of its easemem for
the 12" water main through Continental Reserve, for construction of water facilities and provisions
for water utility sen~ice by HB Land Development Company, for the reimbursement mechanism stated
between the Town of Marana and HB Land Developmem Company, and for the liiture provision of
water service to Sunset Ranch Estates.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2~ day of October, 2001.
ATTEST: ~JR.
APPROVED AS TO/~J~
.~aniel J. Hochuli, Esq.
As Town Attorney and not personally
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EXHIBIT A Exh. __ to Resolution #
City of Tucson Contract #0257-02
CITY OF TUCSON - TOWN OF MARANA (INTERGOVERNMENTAL)
HB LAND DEVELOPMENT CO.
AGREEMENT RELATING TO WATER SERVICE
This is an Intergovernmental Agreement dated this day of September,:.
2001, by and between the City of Tucson, Arizona, a municipal corporation, hereinafter
referred to as "Tucson", the Town of Marana, Arizona, a town organized pursuant to
A.R.S. § 9-231 e~ seq., hereinafter referred to as "Marana", and HB Land Development
Co., hereinafter referred to as ("HB"), a corporation organized under the laws of the
State of Arizona.
SECTION I. RECITALS.
The following recitals represent the general principles to which the parties have
agreed. These principles are therefore incorporated in the specific covenants that
follow.
1.1 Tucson and Marana are empowered by A.R.S. Title 11, Chapter 1, Article
3 to enter into this Intergovernmental Agreement (IGA).
1.2 Marana is authorized to own and operate a water utility and a sewer
system pursuant to A.R.S. § 9-511 et seq. and an election held pursuant
to A.R.S § 9-514.
1.3 Marana owns and operates a water utility system serving a portion of the
area within Marana's incorporated limits.
1.4 Tucson is authorized by the Tucson Charter, Chapter IV, Section 1(7)
"...to establish, maintain, equip, own and operate, works and appliances
within and without city for supplying the city and its inhabitants also
persons, firms and corporations outside Tucson, including other municipal
corporations, with water..."
1.5 Tucson owns and operates a water utility both within and without the limits
of Tucson, and presently provides water service to certain locations within
the incorporated limits of Marana, including service to the customers
located within Sunset Ranch Estates, which is located west of Silverbell
Road on Pima Farms Road.
1.6 Tucson provides service to its Sunset Ranch Estates customers through a
12" main that connects to the City of Tucson Water Distribution System
near the planned intersection of Continental Reserve Loop Road and
Silverbell Road, and then extends within existing right-of-way easements
along Artesiano Road and Pima Farms Road to the Sunset Ranch
Estates.
1.7 HB is currently overseeing the construction of a development called
"Continental Reserve" within the Town of Marana, and has submitted a
development plan to Marana that calls for relocation of the Artesiano
Road and Pima Farms Road alignments and related rights-of-way, within
which Tucson's Sunset Ranch Estates Distribution Main is located.
1.8 The Continental Reserve Development Plan further contemplates
abandonment of the current Pima Farms Road and Artesiano Road rights-
of-way within the development, and abandonment of Tucson's Sunset
Ranch Estates Distribution Main.
1.9 Marana has approved the relocation of road alignments and
abandonment of road rights-of-way referred to in Sections 1.7 and 1.8
above.
1.10 HB is also arranging for the construction of a water supply and distribution
infrastructure within Continental Reserve, which supply and distribution
infrastructure will be transferred to Marana.
1.11 The Continental Reserve infrastructure will provide an additional point of
interconnection between the Tucson water utility system and the Marana
water utility system. These interconnections allow Tucson and Marana to
exchange potable water.
1.12 Tucson, Marana, and HB wish to resolve certain matters posed by the
relocation of the roadway alignments that will result in an abandonment of
Tucson's Sunset Ranch Estates Distribution Main and its associated
easements.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties covenant and agree as follows:
SECTION II. PROVISIONS APPLICABLE TO HB
2.1 HB shall pay for the costs to construct the Continental Reserve Water
Supply and Distribution Infrastructure as described in Exhibit A. Specific
components of the supply infrastructure necessary to the performance of
this Agreement are: (1) The Silverbell Road interconnection between the
Town of Marana's water system and the Tucson water distribution system
identified in Exhibit A on Sheet 15; (2) the well and storage reservoir
identified in Exhibit A at Sheet 15; (3) the Distribution System from the
well and storage reservoir along Continental Loop Road to the intersection
with Pima Farms Road, then west to Sunset Ranch Estates, which is
identified at Sheet 15; and, (4) the interconnection between the
Continental Reserve distribution system and Tucson's Sunset Ranch
Estates distribution system identified at Exhibit B (Detail of
Interconnection). The infrastructure noticed in these sections shall be
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constructed in accordance with the plans and specifications noted in
Exhibit A and Exhibit B and shall pass all final inspections that may be
performed by Marana or Tucson. Marana and Tucson will evidence any
such approvals in writing.
2.2 Following completion of the Continental Reserve infrastructure identified
in Section 2.1, and transfer of the same to Marana as provided in Section
3.2, below, HB will pay the City of Tucson the sum of $100,779.91 as
compensation for Tucson's abandonment of the Sunset Ranch Estates
Distribution Main. This sum is based on the original cost of the Sunset
Ranch Estates Distribution Main minus depreciation.
SECTION III. PROVISION APPLICABLE TO THE TOWN OF MARANA
3.1 Marana shall ensure that HB constructs the Continental Reserve
Infrastructure in accordance with the plans and specifications identified in
Section 2.1, above. Marana will afford Tucson the opportunity to review
any inspection reports for construction completed before the execution of
this Agreement, and to inspect infrastructure completed after the
execution of this Agreement, should Tucson so desire.
3.2 Marana shall assume ownership of the Continental Reserve infrastructure
pursuant to an April 18, 2000 Agreement for Construction of Water
Facilities and Provision of Water Utility Service, between Marana,
Diamond Ventures, Inc., an Arizona corporation, and Continental
Reserve, EL.C, an Arizona limited liability company.
3.3 Following the execution of Tucson's Abandonment of Easement, as
discussed below in Section 4, Marana will assume the responsibility of
providing potable water to Tucson's Sunset Ranch Estates customers
through the Continental Reserve/Sunset Ranch Estates interconnection.
3.4 Marana will operate and maintain the Continental Reserve infrastructure,
up to and including the Sunset Ranch Estates and Silverbell Road
interconnections, and shall ensure that the Continental Reserve
infrastructure meets its standard requirements and specifications for
infrastructure used for the service of potable water.
3.5 The potable water Marana distributes to Tucson's customers through the
Sunset Ranch Estates interconnection shall meet all Federal, State, and
local regulations governing the provision of potable water. In the event of
a conflict between the potable water standards applicable to Marana and
Tucson, respectively, the water delivered to Tucson's Sunset Ranch
Estates customers shall meet the standards applicable to Tucson.
3.6 Marana agrees to furnish Tucson's Sunset Ranch customers with any and
all public water quality information that it is required to provide to Marana's
Continental Reserve customers under any Federal, State, or local laws or
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regulations. Marana shall furnish such information to those customers in
the same manner as it provides information to Marana customers within
Continental Reserve.
3.7 In consideration of HB's payment of $100,779.91 to Tucson, Marana will
reimburse HB two hundred dollars ($200) for each connection fee actually
collected by Marana for new residential water connections within
Continental Reserve. This reimbursement obligation shall in no event
exceed the amount actually paid to Tucson by HB.
SECTION IV. PROVISIQNS APPLICABLE TO THE CITY OF TUCSON
4.1 The City of Tucson will provide water to its Sunset Reserve Estates
customers through the existing Sunset Ranch Estates Distribution Main
until:
4.1.1 Marana has taken ownership of the Continental Reserve Water
Distribution System infrastructure identified in Exhibit A, and such
infrastructure has been inspected and approved by Tucson; and
4.1.2 Tucson is in receipt of payment of $100,779.91 from HB as
compensation for Tucson's abandonment of the Sunset Ranch
Estates Distribution Main.
4.2 Upon fulfillment of the conditions specified in Section 4.1 above, Tucson
will promptly execute the "Abandonment .of Easement," attached as
Exhibit C to this Agreement. The "Abandonment of Easement" will
relinquish Tucson's rights to the Sunset Ranch Estates Distribution Main
and the associated utility easement.
4.3 Tucson will provide Marana with an annual consumption history in total ccf
(100 cubic feet, or 748 gallons) for all accounts Marana may supply
through the Sunset Ranch Estates interconnection, and will provide
Marana with addresses and other information sufficient for Marana to
meet the notification requirements established in Section 3.6, above.
4.4 For each calendar year, Tucson will report water delivered to its Sunset
Ranch Estates customers as water received from Marana facilities; such t
reporting will be made to Marana on or before March 31 of the following --~
calendar year. Marana may elect to require Tucson either to deliver the
same quantity of potable water to Marana by the conclusion of the 8
calendar year following the reporting year, or to credit the amount of such
deliveries against any obligations that Marana may have incurred to 3
deliver potable water or Stored Water Credits to Tucson during the
reporting year.
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4.5 Potable water delivered to Marana pursuant to Section 4.4 shall meet all
Federal, State, and local regulations governing Tucson's provision of
potable water.
SECTION V. MISCELLANEOUS PROVISIONS.
5.1 Force Majeure: In the event any party is rendered unable, wholly or in
part, by force majeure reasons to carry out its obligations under this
Agreement, the obligations of both the other parties so far as they are
affected by such force majeure shall be suspended during the
continuance of any inability so caused, but for no longer period; and such
cause shall be so far as possible remedied with the best efforts of the
disabled party and with all reasonable dispatch. The term "force majeure"
as employed in this Agreement shall mean acts of God, strikes, lockouts
or other industrial or labor disturbances, acts of the public enemy, wars,
blockades, insurrections, riots, epidemics, land slides, lightning,
earthquakes, fires, storms, floods, washouts, droughts, unavoidable
interruptions in electric power to drive pumps, interruptions by government
not due to the fault of parties, including injunctions, civil disturbances,
explosions, well collapses, breakage or accident to machinery or
transmission facilities, or action or non-action by governmental bodies in
approving or failing to act upon applications for approvals or permits which
are not due to the negligence or willful action of the parties. Nothing
herein contained shall be construed as requiring any party to settle a
strike or labor dispute against its will. Nothing herein shall prohibit any
party at its own expense from using whatever self-help remedies may be
available to it.
5.2 Default: In the event of default by any party for failure to perform pursuant
to the terms of this Agreement, the non-defaulting parties shall notify the
defaulting party of the default. Said notice(s) shall be in writing and shall
state the facts constituting default, including the date and time (if possible)
such default is deemed to have occurred, and shall further set forth what
action is necessary in the non-defaulting parties' opinion to cure the
default. If the non-defaulting parties deem no cure possible, the notice(s)
shall so state. The defaulting party shall have a reasonable time from
notice to cure the default. In the event the default is not cured within such
time, the parties shall meet at least once to attempt to resolve said
differences. It is agreed that at the time when the parties are attempting to
resolve their differences with respect to an alleged default, the parties
shall continue to fulfill their obligations pursuant to the balance of the
provisions of this Agreement and such continuance shall not in any way
waive the default. If, at the end of sixty (60) days from the date of notice of
default, the parties are unable to resolve their differences, then the parties
shall have all rights and remedies available to them under law including
specific performance.
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5.3 Attorney's Fees: In the event of any litigation between the parties to
enforce any provision of this Agreement or any right of either party hereto,
the unsuccessful party to such litigation agrees to pay to the successful
party all reasonable costs and expenses, including reasonable attomey's
fees, incurred therein by the successful party, all of which shall be
included in and as part of the judgment rendered in such litigation.
5.4 Assiqnment of Aqreement: No party shall have the right to assign this
Agreement nor any interest herein except to their respective successors.
5.5 Notices: All notices shall be in writing and together with other mailings
pertaining to this Agreement shall be made to:
FOR HB:
David Goldstein
2200 E. River Road, #115
Tucson, Arizona 85718
FOR MARANA:
Town Manager
Town of Marana
13251 N. Lon Adams Road
Marana, AZ 85653
WITH COPY TO:
Marana Attorney
Town of Marana
13251 N. Lon Adams Road
Marana, AZ 85653
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FOR TUCSON:
Director
Tucson Water
P.O. Box 27210
Tucson, AZ 85726
With Copy to:
City Attorney
City of Tucson
P.O. Box 27210
Tucson, AZ 85726
or as otherwise specified from time to time by each party.
5.6 Waiver: Waiver by any party of any breach of any term, covenant or
condition herein contained shall not be deemed a waiver of any other
term, covenant or condition, or any subsequent breach of the same or any
other term, covenant, or condition herein contained.
5.7 Amendment: This Agreement shall not be amended except by written
instrument mutually agreed upon and executed by the parties.
5.8 Entire Aqreement: This Agreement, its Exhibits and its recitals which are
included herein, constitute the entire agreement between the parties, and
includes all prior oral and written agreements of the parties. All warranties
and guarantees and representations shall survive during the life of this
Agreement.
5.9 Construction and Interpretation: All provisions of this Agreement shall be
construed to be consistent with the intention of the Parties expressed in
the recitals hereof.
5.10 Time of the Essence: Time is of the essence in the exercise of all rights
and the discharge of all responsibilities and obligations by each of the
parties hereto. !
5.11 Authority: Each of the undersigned parties represents and warrants that it 6
has legal authority and capacity to enter into this Agreement upon the 4
terms and conditions provided within this Agreement, and has properly 8
and legally authorized and executed this Agreement. .--.
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5.12 Leqal Jurisdiction: Nothing in this Agreement shall be considered as either 3
limiting Dr extending the legal jurisdiction of either Marana or Tucson. 5
5.13 Severability: In the event that any provision of this Agreement or the
application thereof is held invalid, such invalidity shall have no effect on
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other provisions and their application which can be given effect without
the invalid provision, or application, and to this extent the provisions of the
Agreement are severable.
5.14 Non-Precedential Effect: This Agreement is limited to its terms, and shall
not be used by any party to establish any fact or any legal precedent that
does not arise from this Agreement. In particular, this Agreement is
irrelevant to any issue arising from the acquisition of any party's water
supply or distribution infrastructure by another party after the effective
date of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands the
day and year first above written.
TOWN OF MARANA
By:
MAYOR
ATTEST:
By:.
Town Clerk
CITY OF TUCSON
By:
MAYOR
ATTEST:
By:
City Clerk
HB LAND DEVELOPMENT CO. ~.
By: 4
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ATTORNEY CERTIFICATION
TOWN OF MARANA
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and the City of Tucson, has been reviewed this. day of
,2001, pursuant to A.R.S. § 11-952 by the undersigned Town
Attorney of the Town of Marana, who has determined that it is in proper form and
is within the powers and authority granted under the laws of the State of Arizona
to those parties to the agreement represented by the Town of Marana.
By:
Marana Town Attorney
ATTORNEY CERTIFICATION
CITY OF TUCSON
The foregoing Intergovernmental Agreement, being an agreement between the
Town of Marana and the City of Tucson, has been reviewed this __ day of
,2001, pursuant to A.R.S. § 11-952 by the undersigned
Attorney for the City of Tucson, who has determined that it is in proper form and
is within the powers and authority granted under the laws of the State of Arizona
to those parties to the agreement represented by the City of Tucson.
By:.
Tucson City Attorney
1 work/cv/ca/01-09MaranaDiamondlGA.3d r(Tucson)
09/24/2001 1:51 PM
ABANDONMENT OF EASEMENT
An encumbrance against the titJe of that certain property described in the Deed recorded in the
office of the Pima County Recorder in Docket at Page . This encumbrance
on title has been made a matter of public record in the Office of the Pima County Recorder, and has
been established by that certain document recorded in the Office of the Pima County Recorder in
Docket at Page
By the adoption of Ordinance No. $537 on July 10, 1995 ,the Mayor and Council of the City of
Tucson have authorized, by this form, the abandonment and extinguishment of the City's interest in
easements and/or restrictions which no longer serve as a public benefit. It has been determined
that said encumbrance no longer serves as a public benefit, and it is the intent of the City of
Tucson to release, quitclaim, abandon and extinguish its interest in the above referenced easement.
It is not the intent of this document to waive, modify or override any law, code or ordinance that
pertains to this action. By executing this document, the City intends only to release, quitclaim,
extinguish and abandon its interest specifically referred to below and no other.
Therefore, the City of Tucson hereby releases, quitclaims, extinguishes and abandons its interest in
the easement(s) and/or restriction(s) established by that certain document recorded in the Office of
the Pima County Recorder in Docket at Page__. and as described on the attached
Exhibit "A" and no other.
DATED this day of ,20__.
CITY OF TUCSON, a municipal corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF ARIZONA )
)ss.
COUNTY OF PIMA )
This instrument was acknowledged before me this day of
20 , by as Mayor and
as City Clerk of the City of Tucson, a municipal corporation, as the Act of
said municipal corporation,
Notary Public
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RES # Sec -T S-R E