HomeMy WebLinkAboutResolution 97-020 agreement for continental ranch road landscape and irrigation maintenanceMARANA RESOLUTION NO. 9%20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AR/ZONA,
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
TOWN OF MARANA AND THE CONTINENTAL RANCH COMMUNITY ASSOCIATION FOR
THE PURPOSE OF ACCEPTING THE LANDSCAPING AND IRRIGATION SYSTEM IN THE
RIGHTS-OF-WAY ALONG PORTIONS OF SILVERBELL ROAD AND COACHLINE
BOULEVARD INTO THE TOWN OF MARANA STREET MAINTENANCE SYSTEM.
WHEREAS, Silverbell Road and Coachline Boulevard, where those roads are contained within
the Continental Ranch Specific Plan, are located entirely within the boundaries of the Town of Marana;
and
WHEREAS, those portions of Silverbell Road and Coachline Boulevard located within the town
limits of Marana were accepted into the Town of Marana street maintenance system on August 15,
1995 pursuant to Resolution No. 95..47 but the landscaping maintenance and irrigation was specifically
excluded; and
WHEREAS, the landscaping and irrigation system for those roads have been inspected and
recommended for acceptance into the Town of Marana Street Maintenance System by the Town
Engineer under certain conditions which are outlined in the Agreement with Continental Ranch
Community Association, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona that the Town enter into the Agreement with the Continental Ranch Community Association,
attached hereto as Exhibit A, for the purpose of accepting the landscaping and irrigation system in the
rights-of-way of the following roads into the Town of Marana Street Maintenance System and be
maintained as public property:
That portion of Silverbell Road contained completely within the boundaries of the Continental
Ranch Specific Plan; and
That portion of Coachline Boulevard contained completely within the boundaries of the
Continental Ranch Specific Plan.
Mararia..Arizona Resolution No. 9%20 Page 1 of I
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of April, 1997.
/., Mayor ED HONEA
~, To~nn C?L~ //
To
Mararia. ,axizona Resolutim No, 97-20 Page 2 of 2
F. ANN RODR I GUEZ , *ORDER *ET: 1 0538
RECORDED ELY: GFS � PAGE: 1678
DEPUTY RECORDER NO. OF WAGES: 5
20 0 ROi � E SEQUENCE: 97 069162
SMARA $iz
05/05/97
TOWN OF MARANA AG 15:45 :00
ATTN : TOWN CLERK:
13251 N LON ADAMS RD PICKUP
MARANA AZ 85653 AMOUNT PAID $ 7.0
CONTINENTAL RANCH AGREEMENT
FOR ROAD LANDSCAPE AND IRRIGATION MAINTENANCE
THIS AGREEMENT is made and entered into on this 15' day of
1997, by and between THE TOWN OF MARANA, an Arizona municipality (hereinafter referred to as
the "TOWN"), and CONTINENTAL RANCH COMMUNITY ASSOCIATION, an Arizona non -profit
corporation (hereinafter referred to as the "ASSOCIATION").
RECITALS
WHEREAS, Silverbell Road and Coachline Boulevard are located within the Continental Ranch
Specific Plan, within the boundaries of the TOWN; and
WHEREAS, those portions of Silverbell Road and Coachline Boulevard (herein referred to as
"Roads "), located within the Town limits were accepted into the Town street maintenance system on
August 15, 1995, pursuant to Resolution No. 95 -47, with landscape and irrigation maintenance excluded;
and
WHEREAS, the ASSOCIATION intends to cease landscape and irrigation system maintenance
in those right -of -way areas along portions of the Roads contiguous with the Continental Ranch
community; and
WHEREAS, the landscape maintenance and irrigation systems for those roads have been
recommended for acceptance into the Town street maintenance system by the Town Engineer under
certain conditions and by resolution the Marana Town Council.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and the
premises, the parties hereto agree and covenant as follows:
1. The maintenance of the landscape and irrigation system located in the public rights -of -way along
the Roads as described below are hereby accepted into the Town street maintenance system and
shall be maintained as public property upon the completion of the of the remaining obligations set
forth in this Agreement:
a. That portion of Silverbell Road contained completely within the boundaries of the
Continental Ranch Specific Plan, except those entry treatments for:
i. Common Areas located within Parcels 4, 7, 8, 9, 10, and 17; and
ii. Entry features located at Coachline Boulevard and Silverbell Road and at Cortaro
Road and Silverbell Road, as depicted in Exhibits A and B attached hereto; and
b. That portion of Coachline Boulevard deemed to be Town right -of -way, commonly
defined as that area from street center to include the sidewalks except for the five (5) foot
landscape easement depicted on the plat map which shall be maintained by the
ASSOCIATION.
Page 1 of 5
10538 1678
Upon execution of this Agreement, the ASSOCIATION agrees (I) to pay the sum of SIX
THOUSAND FIIrTY ($6,050.00) DOLLARS as set forth in the estimate attached hereto as
Exhibit I and incorporated herein by this reference or (2) to pay the actual time and labor costs
if less than the estimate to the TOWN for the automation of the irrigation system located in the
right-of-way of Silverbell Road within the Continental Ranch Specific Plan.
The ASSOCIATION agrees to pay the cost of capping the 'arigation lines feeding the live oak
trees along Coachline Boulevard and shall maintain responsibility for the water and maintenance
of the land'"'"'"'""~g located on the private property along Coachline Boulevard. Town will install
a separate meter for the fight-of-way landseapiag and in/gate as necessary for proper
maintenance.
The ASSOCIATION agrees to warranty the existing irrigation systems for Silverbell Road and
Coachline Boulevard for a period of thirty (30) days from the date of execution of this
Agreement, excluding any vandalism, accidental damage or damage due to natural causes and
excluding any portion of any upgrade or modification as noted above in this Agreement.
Upon assumption of the landscape and irrigation systems for the Roads, the TOWN will pay for
aH water and water-related expenses pertaining to its areas of responsibility.
All notices, filings, consents, approvals and other communications provided for herein or given
in conaeefion herewith shall be validly given, fled, made, transmitted or served if in writing and
delivered personally or sent by registered or certified United States mail, postage prepaid, to:
the Town Clerk:
Town of Marana
13251 North Lon Adams Road
Marana, Arizona 85653
Atto: David I~ After, Town Engineer
with a copy to:
Daniel J. Hoehuli & Associates
3275 West Ina Road, Suite 109
Tucson, Arizona 85741-2152
Atto: Daniel J. Hochuli, Esq.
Continental Ranch
Community Association;
Continental Ranch Community Association
8881 North Coachline Boulevard
Tucson, Arizona 85743
Atto: Linda Cleven, Community Association Manager
with a copy to:
Law Office of Tanis A. Duncan
548 East Speedway Boulevard
Tucson, Arizona 85705-7478
Attn: Tanis A. Duncan, Esq.
orto such other addresses as either party hereto may from time to time designate in writing and deliver
in a like manner.
10538 1679
Page 2 of 5
I0.
11.
12.
13.
14.
15.
16.
Notices, filings, consents, approvals and communication given by mail shall be deemed delivered
seventy-two (72) hours following deposit in the U.S. mail, postage prepaid and addressed as set
forth above.
No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the
ASSOCIATION or the TOWN of the breach of any covenant of this Agreement shall be
construed as a waiver of any preceding or succeeding breach of the same or any other covenant
or condition of this Agreement.
In the event any party hereto finds k necessary to bring an action at law or other proceeding
against any other party to enforce any of the terms, covenants or conditions hereof, or by reason
of any breach of default hereunder, the party prevailing in any such action or other proceeding
shall be paid all reasonable costs and reasonable attorneys' fees by the other pan'y, and in the
evere any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be
included therein, such fees to be set by the court and not by jury.
This Agreemere may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. The fignature
pages from one or more counterparts may be removed from such counterparts and such signature
pages all attached to a single instrument so that the signatures of all parties may be physically
attached to a single document.
Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference
with the same force and effect as if fully set forth in the body hereof.
Each ofthe parties hereto ~hall execute and deliver all such documents and perform all such acts
as reasonably necessary, from time to time, to carry out the matters contemplated by this
Agreement.
Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit
of and be bindlag upon the successors and assigns of the parties hereto. Notwithstanding the
foregoing, to the extent permitted by law, the ASSOCIATION's obligations hereunder may only
be assigned by a written instrument approved by the TOWN.
It is not hatended by this Agreement to, and nothing contained in this Agreement shall, ereate any
parmership, joint venture or other arrangement between the ASSOCIATION and the TOWN.
No term or provision of this Agreement is intended to, or shal/, be for the benefit of any person,
firm, organistion or corporation not a party hereto, and no such other person, firm, organization
or corporation shall have any right or cause of action hereunder.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the
subject matter hereof. All ptior and contemporaneous agreements, representations and
understanding of the parties, oral or written, are hereby superseded and merged herein.
If any provision of this Agreement is declared void or unenforceable, such provision shall be
severed from this Agreement, which shall otherwise remain in full force and effect. If any
applicable law or court of competent jurisdiction excuses the TOWN from undertaking any
Page 3 of 5
10538 1680
eonuactuai commitment to perform any act hereunder, this Agreement shall remain in full force
and effect, but the provision requiring such action shall be deemed to permit the TOWN to take
such action at its discreden. If any applicable law or court of competent jurisdiction excuses the
ASSOCIATION from undertaking any contractual commitment to perform any act hereunder,
tiffs Agreement ~ remain in full force and effect, but the provision requiring such action shall
be deemed to permit the ASSOCIATION to take such action at its discretion. If, however, the
ASSOCIATION fails to take the action specified hereunder, the TOWN shall be entified to
terminate this Agreement.
17.
This Agreement is entered into in Arizona and shall be construed and interpreted under the laws
of Arizona. The parties consent that any litigation regarding this agreement shall be brought in
Pima County. This Agreement has been negotiated by separate legal counsel for the
ASSOCIATION and the TOWN, and no party shall be deemed to have drafted this Agreement
for purposes of construing any portion of this Agreement for or against any party.
18.
If any party to this Agreement is in default under any provision of this Agreement, the non-
defaulting party .~hull be ,.~fied, without prejudice to any other right or remedy that it may have
under this Agreement, aX law or in equity, to spedfie performance by the defaulting party of this
Agreement, or, in the alte~ative, to terminate this Agreement as if this Agreement had expired
in the normal course and to e~ercise any and all other remedies available to it at law or in equity.
written IN WITNESS WHEREOF, the parties have executed this Agreement the day and y
ATTE ~ TOWN OF MARAN'A, an ~, ~-.,;~ c, ~..-.~.., ,.~ ,~.
/ mumopal corporauon ~ ~,- c:.. ,,c:~ ... o~.-'
--' ~ .:.,7: ....' .,.,
Towr
Mayor
(
10538 '1681
Page 4 of 5
CONTINENTAL RANCH COMMUNITY
ASSOCIATION, an Arizona corporation
By
Its ~,~t3 ~-~r~
STATE OF ARIZONA )
County of Pima )
The foregoing document was aeknow~ledged before me the ~z4dg/ day of ~ ,
1997, by /~)/~t~gJ /~/,q~/ /b J/ ,the~n~eb /~4~'tq~gP~ of CONTINEi(~'rALRANCH
COMMUNITY ASSOCIATION, an Arizona corporation, on behalf of said corporation.
Notary Public
APPROVED AS TO FORM AND AUTHORITY
The foregoing Agreement has been reviewed
by the undersigned attorney who has
determined that it is in proper form and within
the power and authority granted under the
laws of the State of Arizona to the Town of
Atto/~,/:
10538 1682
Page 5 of 5