HomeMy WebLinkAboutResolution 99-037 agreement to provide water service along the old yuma mine road extensionMARANA RESOLUTION NO. 99-37.
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES AND PROVISIONS OF WATER UTILITY SERVICE KNOWN AS THE
OLD YUMA MINE ROAD EXTENSION PROJECT OF THE PICTURE ROCKS WATER
SYSTEM AGREEMENT.
WHEREAS, the Town of Marana, Arizona, is desirous of providing to eleven (11) parties
for water service to sixteen (16) properties along Old Yuma Mine and Belmont Roads; and
WHEREAS, acceptance of the Agreement for the water line extension would be in the
Town's best interest; and
WHEREAS, construction of the main water line extension will be performed at no charge
to the Town and will provide a designation of assured water to the property thereby increasing the
property value; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona authorizing the Town to enter into an agreement for construction of water facilities
and provision of water utility service known as the Old Yuma kline Road Extension project of the
Picture Rocks Water System.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,. this
1 st day of June 1999.
ATTEST:
f/Jocely~t C. Entz,
APPROVED AS TQ FO~__.I~M:
.._....---'-"'~aniel J. Hochuli
As Town Attorney and not personally
M~y/B~TON, JR.
Marana. Arizona Resolution No. 99-37 Page I of 1
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
Known as the Old Yuma Mine Road Extension Project of the Picture Rocks
Water System Agreement
THIS AGREE ENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as
of the f&j-day ot l' 1999, by and between the TOWN OF MARANA,
ARIZONA, an Ariz 1:1 municipal corporation, (hereinafter referred to as "Marana") and
those entities and individuals whose names are affixed to Schedule 1 hereof because
they are multiple parties (hereinafter referred to as the "Developer" J" 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:
RECIT ALS
WHEREAS, the Developer/Applicant is desirous of securing water to the area
more particularly described in Exhibit "A" attached 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 consideration of the mutual covenants, conditions, and
agreements set forth 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 II attached hereto 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, meters, 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.
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1.4 Water System: Water facilities, including water mains, valves, pipelines,
meters, 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.
2. CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specification. Developer/Applicant shall design and construct,
at 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 Water
Facilities and Easements and Rights of Way are attached as Exhibit "8" for the Plans and
Specifications and Exhibit "8-1" 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 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 ~2.6. A copy of said approved Plans and
Specifications for the Water Facilities is attached as Exhibit "8". For the purposes of this
paragraph, the provisions of the Marana Code ~ 14.4 and 14.5 prior to September 1998
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 County Department of Environmental
Quality prior to issuance of any water facilities construction permits by Marana. No
work shall commence until a Water Facilities construction permit has been issued.
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.
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. Eauipment and Machinerv. 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 "8".
Developer/Applicant shall repair, or remove and replace, at Developer/Applicant's own
expense and at Marana's convenience, workmanship or materials which do not meet the
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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/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 Property, for the purposes of this paragraph, the provisions of the Marana
. Code S 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 thereof, is deemed for the purposes hereof to be the
Applicant/Customer/Developer described therein.
2.7 Inspection. Testino 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 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/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 at 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. 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/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 Chanoe Orders. In the event that any applicable governmental agency,
Marana or the Developer/Applicant 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 Exhibit "8" to this Agreement, the
Developer/Applicant shall (a) obtain Marana's prior written consent to such material
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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 all Developer/Applicant, subcontractor,
vendor and all other 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 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/Applicant, its employees, agents, servants,
suppliers, or subcontractors, or the employees, agents, servants or suppliers of its
subcontrac~ors, in connection with or relating to the performance of this Agreement.
2.11 "As-Built" Plans. Developer/Applicant 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/Applicant pursuant to this Agreement until this condition is satisfied.
2.12 Risk. Developer/Applicant shall carryon 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/Applicant's own expense.
2.13 Liabilitv. 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 to the extent that
the same is caused or contributed to by a third party) 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 Marana at Developer/Applicant's expense and will pay all judgments
rendered therein.
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2.14 Insurance. Developer/Applicant 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/Applicant 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) Liabilitv 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 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 portions of the main and pipeline routes as may be necessary to serve each parcel or
lot within Developer/Applicant's development. If Developer/Applicant's development
involves road construction, all roads 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. Developer/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 Marana Code ~ 14-3-6 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 of the Marana Code ~ 14-5-1 B.
Provided that Developer/Applicant is in compliance with this subparagraph, Marana
agrees to waive any meter installation fees if installed by Developer/Applicant
Contractor.
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 Code ~ 14-3-7 and any successor or amendatory
provisions are incorporated herein as though set forth in full and the
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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
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/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 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 ~ 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.
3.2 Upon request by Marana and direction Developer/Applicant shall, at
Developer/Applicant'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/Applicant's
development.
3.3 The Water Facilities shall be transferred to the ownership of Marana upon
their completion. The Developer/Applicants shall be reimbursed the actual costs of
construction of the Water Facilities not to exceed $ 7 2, 227.69. Reimbursement to the
Developer/Applicants shall be derived from fees generated from new connections to the
constructed line infill and shall be reimbursed at the rate of ten percent (10%) of such
fees collected in a calendar year. The reimbursement period shall be the lesser of (a) ten
years or (b) upon full payment of the not to exceed amount identified above.
Reimbursement shall be made to the Developer/Applicant's representative or designee.
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.
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5. WATER SERVICE; WATER RIGHT
5.1 For the purposes of this paragraph, the provIsions of the Marana 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 no 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 THIS PARAGRAPH IS NOT APPLICABLE TO THIS AGREEMENT ONLY.
Developer/Applicant 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 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 Property 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
no further force and effect.
6.2 Pursuant to A.R.S. ~ 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 of this
Agreement.
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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 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/Applicant or its employees or agents.
8. NOTICE
It
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 East Wetmore Road
Suite 110
Tucson, Arizona 85705-1748
and copy to:
Martinez & Curtis, P.C.
Attention: William P. Sullivan
2712 N. 7th Street
Phoenix, Arizona 85006-1090
To Applicant:
Schedule 1 Names and Addresses
Attn:
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.
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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. 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/Applicant of any provision of
this Agreement nor any failure by Marana to insist on strict performance by
Developer/Applicant of any provision of this Agreement shall in any way be construed to
be a waiver of any future or subsequent breach by Developer/Applicant or bar the right
of Marana to insist on strict performance by Developer/Applicant of the provisions of
this Agreement in the future. Developer/Applicant 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/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 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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TOWN OF MARANA
BY:~/~
Its: Mayor
, i , ~ '
ATTEST:
DEVELOPER I APPLICANT
SEE SCHEDULE 1 FOR NAMES, ADDRESSES, SIGNA TURES AND NOTARIZA TIONS
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SCHEDULE 1
EXECUTION EXHIBIT OF APPLICANTS AND SIGNATORIES TO CONTRACT
ACKNOWLEDGMENT
STATE OF ARIZONA
P ) ss.
COUNTY OF / ffl.4- )
This instrument was acknowledged before me this i..f day of mAy
1939., by as of as
De /Applicant.
Notary Public State of Arizona
Pima County
Cruz P Shott
0" .../' Expires July ';.7. 2002
Notary ublic
My Commission Expires:
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Anthony and Karolyn Bach
6599 West Belmont Rd
Tucson, AZ 85743-8590
Dale and Janet Curtis
5011 W. Paseo de Las Estrellas
Tucson, AZ 85745
James and Christina Dean
2631 West Camino del Venegas
Tucson, AZ 85742
Five Star Development Group
Attn: Dan Qualls
3685 West Brambly Dr
Tucson, AZ 85741
Robert and Dorothy Helgeson
19091 Indian Hills
P.O. Box 538
Black Canyon, AZ 85324-0538
SCHEDULE 1
KarOIY~
~~
ale Curtis
s2~,~
~~
James Dean
r#~~~;:(fJ~
Christina Dean
--
.' /; ~~H:cxkJ
vt~ Hoard
Robert Helgeson
Dorothy Helgeson
Anthony and Karolyn Bach
6599 West Belmont Rd
Tucson, AZ 85743-8590
Dale and Janet Curtis
5011 W. Paseo de Las Estrellas
Tucson, AZ 85745
James and Christina Dean
2631 West Camino del Venegas
Tucson, AZ 85742
Five Star Development Group
Attn: Dan Qualls
3685 West Brambly Dr
Tucson, AZ 85741
Robert and Dorothy Helgeson
19091 Indian Hills
P.O. Box 538
Black Canyon, AZ 85324-0538
SCHEDULE 1
Anthony Bach
Karolyn Bach
Dale Curtis
Janet Curtis
James Dean
Christina Dean
Dan Qualls
Linda Hoard
/{M-I/~
Robert Helgeson
[J~ /~Jl~
Dorothy Hel~on -U
SCHEDULE 1
EXECUTION EXHIBIT OF APPLICANTS AND SIGNATORIES TO CONTRACT
ACKNOWLEDGMENT
STATE OF ARIZONA
) ss.
COUNTY OF )
This instrument was ack~o~ledged before me this J day of l7)t1iA)
1991, by ~obHt....i:J),ro~hl.( ~l'fi~S OWYJ[ (5 of :r= as
Developer/Applicant. 6" f'CJ ^/. Yo crt to l\.{( k ~ ad
;;fh-y0 fA/~T
Notary Public
My Commission Expires:
(I STACIE PRIEST
Notary Public . Arizona
. YAVAPAI COUNTY
My CommissIon Expires
~ ... MARCH 26, 2002
"7ti/u> 1 ,J.&) ;}oo;:)...
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Louis and Pamela Mindes
6265 North Camino Verde
Tucson, AZ 85743-9699
Louis Mindes
c1SCutu?_.~ Y7) L~1c<JW
Pamela Mindes
Charley and Susan Morris
7170 West Maple Ridge Drive
Tucson, AZ 85743
Charfe Morris
/ 1\ l \ '-- f V
Susan Morris
Tom and Sherri Neal
4411 North Sanders Rd
Tucson, AZ 85743
~~9Ju"'J-.i (\Lo5l
Sherri Neal
Jay Ray ROkey'\
6387 North Yum~ Mine Rd
Tucson, AZ 85743
~-----~
""'''''''''>''.."-"~''''''/ """-"V
<X :> Q __ .. -
..........0: -
J. Ray Rokey
Scott and Patty Copenhaver
3091 West Greenridge Dr
Tucson, AZ 85741
cA- ~
Patty Copenhaver
Gary and Gracie Zent
6541 North White Deer
Tucson, AZ 85743
~1J
EXHIBIT" A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
Describe the connection onto the Town system with a six-inch (6") pipeline at Yuma
Mine Road and the extension South with a six-inch system to a defined point and thence
East with a six-inch system for a determined distance with a tee-off North for 658' to a
Point, then East 350' to a Point, then North 445' to end of pipeline.
-12-
. . ~'i;p~rk )'-'(' -<71ft. ~ -",
f/"i7 '4( AIR PARK ",
...
...
16800N-, - \~(-~;~;f~fH -~':>"\ PIMA
I :v~>\ . ''{.p_ ~: ,SA?EBR,USH R - \
t\~~~~~~~''''':''\ ~ ~I . ~ .RD ~' 0
_~q SV i: T~.~;;:;NA':\~ GRlS ~,~~AN A i<<
J?' I MOORE G ~ RD ' . ,1>6'.t{ , . . U.cMOORE~~g." 1\ g"M ^~ IMOORE
.$; :-:l' _ _ ~G;:~_Dl T_~:m~~( ~ m:,--=~::'~:Jol ~.,-EBb't ~~Jk~
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00:.. l~~~!TLN~ I RD ~t'A.. o_.>>'.!......Rii."yFtl~-lEYl:~t.~O.IQ.~_i....A..~;~tN!i~.:.....(';..:~. j.Z~~~.. r,,~~i......'Cl' ~:N~RTE ~
~,/ -i~\~L Ii! Ii!/rWIN ~/ PEAKS"_'D 7' -'j,. ~ <:L~Dj,V,STA BlVD~ :
~l./' AYEA.. ,.' } ~ ~;...w.~\RD ~...~....~~':...:p~\N ~~t~.'w....~.;~..~..o.... .,","'I-!dl, ~
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EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering drawings of the Water
Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's
offices. Such engineering drawings may be more specifically described as follows:
See Tucson Water's specifications on Exhibit "Au
[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.]
-13-
EXHIBIT "C"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
[Please slip a line-by-line itemized break-down 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 to incur for the construction.
Nelco Construction
-14-
AF'R. 1:::. 1 '339
2: 41F'1"1
::'20 746 8206 D"1PIRE iUCSOr"/~3ALE:3
eno. C89
P.l
fJ TlfIY.' (jrW (J~ld LP
/2k,: t ~ M ME 70 Fitv4-1 Iv) If) 1.tJ~
NELCO CONSTRUCTION
5350 SOUTH ROSEMONT
TUCSON. ARIZONA 85706
(520) 574-9070
......\.'.;
9c;~o ~
11o!OI1@ Curtis
~rDfu:nut!
Date January .!!.L....~._19~
Dear Sir:
The undersigned propOSes to furnish all mato:rials and pertorm alll~'tloc necessary to complete the following:
'th!l~1I"!1" niEll~ri'bu~i.nn Sy"'tE!'>':'I l~~~~ fa ~hilLS.W. qua.r.t.f"''r r.f' "I~..~n ..3.
T.13-S. R-12-~. Q&$.~~ima Ornll1ty Arizcn~~ JR~ *~~~2 dat~d 4/6/96
4~An T Ji" Fi" pono DVr', !'I_f." 'U':l1__. Fi._'1/4" lI. J:l V L "'I-hlt'rUl"Jf'''tI<
12. 3/4" Sl!trviC:@l!5
-900 tP: _Ll:..~,! L..~.'=J._ WI {.of P./i..'p~{...'Et1A
~ Mine easement ~1r~~rk
- .~
surveying
Fn.iJ~ n_..-i n(.j ~ ,<o:n~.riny T"A_1mhi"...",moWltc (l"\;al..)
54 , I 30....'15__
iJ~~:~~ _
.4 . QOci: 'oc .
,2,100.00
";.923-00
~i~..~~~:ri~l 5et"~!:!!ne(l for beddin~llli ahad:Loo.._~__~__~_~__
Cactus remcva1 bY others if nec!Q8sarv. WI U B f .' (.l..oO .00
W;at-.6oIrl i nfl i nl'.:t'..III11 "lji xi tl'l 4A" ~r..
s~akin9 b~ p~hers.
Watert"ine to be shad.ed with \2" and staB Ull.e 1n.st.al1ed. br Southwest Cu
before ~lna~ ba~111.
SUb Total
___.~~es Tax
Tot-al
~~
lU!W \O'fA'L
~~.,S
- ,~L ~''3.E~
72 J '2. '2.. .., .--b cr
70,253.75 ...
2.2S3.25
$72.537 .00 .....~
~r~it.~ ~1uded
Nl of UlII: lIbove work. to be> completed In "s"b$~l!.nti.al and WOrkmim like m;lnner for th.~ l5\1m Of
...}~. tho\.Uiand, f':lve hWlor:ed thirty saven.._........_._.___._ ($ n,537.00
~{lverl1:,;r -
) Dollars.
Any alteration or deviation from the above specifications involving extra (lOst of material or labor will on!)
be executed upon written orden; fot I!;ame, and will bceome an extra charge over th~ sum mentioned in this
ccntra.ct. .All agreements lll~sl bl: made in writing.
TIll! COntr:;(:ror agrees to carry Workmen's CompenS:f1t1on and Public L!at)ilHy Insurance, Old Age Benefit
and Unemployment Compemialion Taxes upon the matetial and labor furnished under this contract, a5 required
b)' tho United SUItes G,:,v",rnment and the SI"tc:; in whh;:h lilt", _.uk. t" p"'lfunn"'....,
RC5pec;lful1:y ~l.lbmitted, ,
,.J ,,/ .~., //.-1"......
~ ('. .../~_ ::;;:;;;:-p'.
dnlrtlC:t~,. ...
EXHIBIT "0"
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.
-15-
AF'R, 13, 19'39
2:4:l.PI-l
520 ~-<~ 8206 H1PIRE iUCSON/SALE~3
alP. 089
P.l
fJ Tlff,J," (JtiArIJ lJ~eu LP
~: e ~ tU~ 10 FitV4-1 A Iii A.P9 ~';'"
NELCO CONSTRUCTION
5350 SOUTH ROSEMONT
TUCSON. ARIZONA 85706
(520) 574-9070
9r~{) ~
1~' (l!O Curt.i l!l
~r.opnsal
Oate Januan'_ 21 .
,_19~
Dear Sir:
The u.ndersigned propOSes to furnish all materials and perform alll~"oor neceS\:2ry to complete the following:
~~"'l." n:i!lr~r'.~'~{nn 5:YAee~ I~~~to.d i~ ...'hA !"l.w. quanfOl" I">f' ",~..l".\n --3,
T.13-S. R-12-E. G&S~-?jma Om~nty Ari~~, J~~ *2~~p2 dat~ 4/5/98
.:l~F,n T'; -;;:;. "0(11:) f.lVr", iii_F." 'tr.I'_a. Fl_,./~" a 1=1 v l.. 'l_)'\1t'Rfn....,'"
1:,) 3J4" Sl!trVi~15
--SOO 12 ~LX"",-:(e.~t....=-I,:-l. WI {,( f!fi.. D~("f.:rJh
~ Mine easement d1rt~rk
surveying
Fn.il~ n'i.""'-; n~ ~C:1\~;('"q r...-im""'....".....,.,~ (na' Q}
~4, t 10.7'3
~,6~~.~g::
1 , :'JO . ecr-_
.4.000':'00 .
,2,100.00
4,923.00
~is.tinQ..~~eria.l sereene<1 tor bedd!n.:.!
Cactus remcva1 other& if neosasar .
~~"'Tl 1 'I\iI i n~t'~ 11 ~ wi. r.1'l 4A" ""'"'lCP1"'
S~ak!n9 by pthers.
Waterl:ine to be shaded with 3..2" ansl qaB l1ne inst.alled by S~thwest I:;a:s
before ~lna~ ba~111.
SUb Total
_~~~es Tax
Tot-a. 1
- ~ ~ -
N~W ~L
~li.7S
- Q., ~'3.q~
72.(22-i. '-Cf
70.253.75 ..
2.293.25
$72, 537 . 00 .....
?er~its ~1uded
All of Ulcl ;aDOV':: work. to be ""mpl" led In "" substantial and wOrkmom like milnner for th.~ C!\lm of
~~_thou.sancl, five h'Q.I'v.trElCl thirty seven .._..__._._.___($ 72,537.00
:=.everl1:.~ --
) Dollars.
Any alteration or devintion from the above spccificatiotlS involving extra (lOst of material or la.ber will on[)'
be executed upon written order:s for s~m., and will bceoml an .:x:tra charge over the sum mentioned in this
cc.ntroJ.ct. .o\.Jl agreements m.~sl b!: mad!: in writing.
The Conlr:;~tor 9grees to carry Workmen's Compensation and Public Uat>ililY Insurance, Old Age Benefit
and Unemployment Compensalion Taxes upon the material and laboI furnished under this contract, as required
b)' the U1'l1tcd SUItes C~vc.[Tlmc:;nt lUlC the; Sl..t.. in whh:h this work i:!l p,:afuClne;l1.
Rc;l5pcc;tfu.ll:y ~I.lbmitted, ,
g -;"~ C;''''';:/'/ ,~':'
.P'~ . ...;/~-
dntrta.ete,. ...
~..-
." APR. E. :9'35
2:4:LPI'1
520 7.46 :3206 Er1PIRE TUC.SON/SALES
110.889
~,,,,,,"!l' e:a.
P.l
fJ ~JJ.' /]IlAIJ f}~tU LP
~ ~ e~ MMC 10 FirVA-l ~l{)JJJ'1'
NELCO CONSTRUCTION
5350 SOUTH ROSEMONT
TUCSON. ARIZONA 85706
(520) S7~9070
""'..,:.'.;
9r~D~
'}:Io'@o Curtis
l)1r.opnsal
Date January_ 21 .
19~
Dear Sir:
The undersigned proposes to furnish all mat\:rials and perform alll~l;loc neces;:~ry to complete the following:
~~~~ ni~~~~~1~{nn SY~~P~ l~~~~ ia ~~ ~.w. ~R~ nT ~~.inn ~,
~-t3-S, R-12-E. qgs.~~i~ County Arizcn~. Jp-~~2~~02 dat~d 4/6/98
~4. I ~O. 75
~.6~~.~~
1, :je..c~_
4.000":-00 "
,2,100.00
4,923.00
.:ll'lF-n T~';; Foil f'QnQ ""I"', R_F.JI ~'_.. Fl_,.I4" a ~ v .t. '1_l"llt'N'nf""lIl.
l2 3/4" Sl!trVl~l!5
-:eo 12' l::!A1.:t: ""-::(&~ ~.. ~1~1, WI {,( l!fi;. [)2l..f."'{J h
~ Mine easemen~ d1rtvork
surveying
~"~~ .............-1 nQ t:.c:n~~iny ....._~mh'..IiIO_" (1'1"1",)
ExietinQ.~~erial sereened for beddin~
cactus rem:wa1 othor.lil if nSC!SUJsar .
'W':l ,..... .,.11 T1fI i n!':t' -"II 11 Arl ~i. 1:1'1 4 Flit "'I"ICA r .
stak!n9 Q~ 9~hers.
~tertine to be shaded with l2" and (laB l1ne 1o.stallec1 by Southwest Cas
be!ore r1nal ba~111.
SUb Total
~e$ Tax
'1'Q!;.a 1
-
N~W ~L
~~./S
~J a''3.q~
72..) L '2.. i. '-cr
70.253.75 ...
2.2f13.25
$72, S37 .00 ......_
~r~its ~1uded
Nl or me 11\)0"'0: wurk. to be ,",amp]ctcd In ;J subSt;:o.nti~land WOr~m~n like manner for Ule I\um of ::;f}Vef'1:.;r-
t'lo'O thous3nc1, five h'l.mored thirty aeWttl ..__.______,_____($ 72,537.00 ) Dollars,
Ar.y alteration or deviation from the above spccific:J.timls involvin~ extra cost of material or labor will onl)'
be ~C"J:ed upon written orders for ~m., and will become an extra charge OV\:I the sum mentioned in this
ccntn.:t. AJI <1&rcements Ull.lsL be made in writing.
The Conlrac::ror 9grees to carry Workmen's CompenSatiOn :md Public Ual)ilHy Insurance, Old Age Benefir
U1d Unemployment Compensation Taxes upon the material and labor furnished u.nder this contract, as required
by the United StAtes CC::vc;.rnmc;nt ..nd the Slab:; in whh=h Lhis work i:!l pc:rfuClllcu.
RCl5pcclfully Submitted, _
~~:. L;~ .5;:4~ ~".
d'nlraetef" .01