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HomeMy WebLinkAboutResolution 2005-154 agreement for construction of water facilities at the end of ina road F. ANN RODRIGUEZ, RECORDER RECORDED BY: SGP DEPUTY RECORDER 1456 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12711 177 3 20052520074 12/30/2005 12:25 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2005-154 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND SEVERAL INDIVIDUAL PROPERTY OWNERS AT THE END OF INA ROAD FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, several individual property owners at the end of Ina Road have extended the water main in Ina Road to their property; and WHEREAS, these individual property owners desire to arrange for the provision of water service to and within the property; 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, these individual property owners agree to the construction of water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities Under Private Contract between the Town of Maran a and several individual property owners at the end ofInaRoad, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. ~ ,I~ .1. .'"j, ,'~, ""/1 t 1 ij:~~i l':~ :~, F"C~:i i~ :3 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of December, 2005. ATTEST: RSO 051220 WSA Earls Ina Rd Ext. No. 2005-154 g~v-- Ed Ron a ~\"'n",,/~ ~_\.OF M;q ~ ~. _\.,~~\\\m"",,, 'IC> ~ ~ s ~-~ ~~~ ::: E.iCQRPORATf~~~ = = 000 :: _ - -SEAL- - .... ~ S - ..... ~ ~ ~ ~~~ ~~ ~ ""{ ~"IIIIll\\\~ ~ ~/fI'Z. ~9 ,\~ .JIUU\~. 2 "II ,,1<, 11:'1 I:g:;~ ;i t f~ ~r ,I~' I '!f.::j; APM 12/20/2005 Exhibit A to Marana Resolution No. 2005-154, entitled TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT, by and between the Town of Marana and several individual property owners, was recorded separately on December 30 ,2005, at Docket ) J71 J , Page J xD in the Office of the Pima County Recorder. t ,f\;l ,I!J;;,. ''':f'' i 1 ~':~ 'lI'l: li':f t '::7' ~) I F. ANN RODRIGUEZ, RECORDER ," RECORDED BY: SGP DEPUTY RECORDER 1456 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12711 180 23 20052520075 12/30/2005 12:25 AG SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 17.00 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and the entities and individuals whose signatures are set forth at the end of this agreement, (collectively the "Applicant"). The Town and the Appli- cant are sometimes collectively referred to as the "Parties," anyone of which is sometimes indi- vidually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the Pima County Tax Parcel Numbers listed in the column titled "Parcel Tax Code" on Exhibit A attached to this Agreement (the "Subject Property"), in the area generally depicted on the map at the bottom of Exhibit A. C. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant-Installed Facility." D. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. E. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility. F. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and installed, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG-0504-I01 as approved by the Town and on file in the office of the Town ofMa- {00001394.DOC / 3} - 1 - 11/22/2005 10:49 AM Exhibit A to Marana Resolution No. 2005-154 ~ "I' '[I, I)', Jlh. "~1" :~ l l,,':~ ~'~ i :~:~~:~ ~:~~ ~3 rana Water Utility (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Ma- rana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part ofthis Agreement. The Facility Plan shall include a plan note iden- tifying the Applicant-Installed Facility as a new water facility and shall show any and all altera- tions to the existing water system. Construction and installation of the Applicant-Installed Facil- ity in accordance with the Facility Plan, including without limitation all labor, materials, equip- ment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Applicant confirms that the Work has been performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Ari- zona Registrar of Contractors, the contractor holds contractor's license classifications A, A-12 andA-16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.4. Anticipated cost per meter. The total charge for each five-eighths-inch water meter to be installed on the Subject Property is currently anticipated to be $1,224.00, including the meter fee and infrastructure fee. Additional impact fees as adopted and implemented by Mayor and Coun- cil will be applied and shall be in addition to the $1,224.00 meter fee. 1.5. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.6. Meter application requirements. The number of water meter applications allowed shall be consistent with the "Meter Shares" column corresponding to the "Parcel Tax Code" on Ex- hibit A. If any portion of a property identified as a "Parcel Tax Code" with only one "Meter Share" is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. If any por- tion of a property identified as a "Parcel Tax Code" with more than one "Meter Share" is sold, the number of meter shares that go with each property shall be proportionate to the size of each property, rounded to the nearest whole number, unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. 'I li~~ ,,'~, i"':l d :'- :f~ 1. 7. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. ij:~:.,.,. Wi, " '~:'I' ',i1 1.8. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. {00001394DOC / 3} - 2 - 11/2212005 10:49 AM 1.9. Participation in Main Extension. The water main(s) listed and depicted in Exhibit Bare to be financed by the parcel owners per the number of 5/8-inch meters indicated, per the cost al- locations provided in said attachment. Additional connections over and above those shown shall require proportional reimbursement to the original Applicant for the appropriate capacity in the main extension(s). The Applicant shall be reimbursed the actual proportional cost of the con- struction of the main extension not to exceed 177,683.03 divided by the total number of connec- tions. Reimbursement to the Applicant shall be derived from protected main fees generated from new connections to the constructed main line. The Town shall make reimbursement payment due the Applicant on or before January 31 and July 31 of each year for the period ending Decem- ber 31 and June 30 respectively. The agreement to make reimbursements will automatically terminate on the tenth anniversary of this Agreement. 2. Engineering and Inspection 2.1. Registered civil engineer. The Applicant confirms that the Applicant employed a regis- tered Civil Engineer to design, layout, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3.1. Request to begin construction. The Applicant shall submit a written request to begin construction to the Town five working days before the Work is to commence. t J:"i 1111;., "':;" 1, ::t ~;~ ,'~: ;~=t ") .u;" 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. {00001394DOC / 3} - 3 - 11/22/2005 10:49 AM 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4.1. Applicant's presence on site. The Applicant or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 'i ;:,;, li~~ l .~ ~[ ~',n ~~ 1 L'''I' '~:::l,' ~,jl 5.2. Two-year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. {DODO 1394.DOC / 3} - 4 - 11/22/2005 10:49 AM 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph. 6. Miscellaneous 6.1. Indemnity. During the two-year warranty period (see paragraph 5.2 above), Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and em- ployees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontractor, or any person em- ployed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. Nothing in this paragraph shall in any way limit any liability Applicant may have under applicable law beyond the two-year warranty period. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellationfor conflict of interest. This agreement is subject to A.R.S. ~ 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WI1NESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TOWN OF MARAN A, an Arizona municipal corporation ATTEST: fIm~ ( By: .. Ed Honea, . ayor Date: / ;L / (J.tJ / t) s- {00001394DOC / 3} - 5 - 11/22/2005 10:49 AM t 11'1'1 :l!!'il :( .:t I[:ll 11::ji '~ ;t::I; JI~:i ApPLICANT: By: ~J~ Noel Earls, an unmarried man STATE OF ARIZONA ) ) ss.: County of Pima ) Date: The foregoing instrument was acknowledged before me on an unmarried man. Do lz:.f7 / bJ . Dec. 011 ')oDS by Noel Earls, ~r^~ ~ otary Public JENNIFER DAWN LECHNER Notary Public - Arizona Pima COunty My C:ommission Expires t-eb.28.2006 {00001394.DOC /3} 11/22/2005 10:49 AM - 6 - ::1, ::~~I '''::i'' ~u; .,~ ::( i::ll ~t ;~:5t ~::i APPLICANT: Date: 12--/3/0 S- STATE OF ARIZONA) /Yb ) ss.: County of n c:d) ) The foregoing instrument was acknowledged before me on Jenkins, an unmarried man. i;'. JOSH J. GEORGE Notary Public - Arizona Maricopa County My Commission Expires September 15. 2007 ~. ~ . by William {00001394.DOC / 3} -7- 11/22/2005 10:49 AM :~" ::!~~~ }" :~ t l]i ~:~ ~~ ApPLICANT: ~~an~an STATE OF /1n~ ) f) ) SS.: County of ((~ ) Date: Y...k- 7!;2.. () oS Ifk c-. 7. ~l"S The foregoing instrument was acknowledged before me on Nixon, an unmarried man. - - - ~. ~ A .6) -...ooc ROSE ESCALANTE Notary Public - Arizona Pima County MV Commission Expires July 16,2008 by Franklin D. ~~ Notary Public {OOOO1394.00c /3} 1112212005 10:49 AM - 8- t )"1' .,... '7 t .~ .~ I~ I~ 1 :~,~ ApPLICANT: Date: Oee Oif, ws STATE OF ARIZONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me on / L lli I Ot:) by.Randall C/Y1~ Wade, an unmarried man. COREY GALLION Notary Public - Arizona Pima County My Commission Expires April 7, 2006 {00001394.DOC / 3} - 9 - 11/22/2005 10:49 AM ::~ '2 l'I:;f'~ :~; :l ~::.~' ~~ :I. ~:.~!: ~:j APPLICANT: T~&m /2/? /OS Date: STATE OF fir JU)(}().. ) ) ss.: County of PlmtA.... ) The foregoing instrument was acknowledged before me on Roper, an unmarried man. /()"/'7/05 by Thomas U~t/- '-1Y). 4::>~ Nofary Public TESSA M. SPUHLER Notary PubliC - ArIzona Pima County My Commission Expires Janucry 3. 2006 {00001394.DOC / 3) - 10 - 1 Jl22/2005 10:49 AM :ll :;2: '''''1'' i :1 ~::~ I:~~ "~I t'~ :I;::~l: ~!:iJl ApPLICANT" ~~ ~c>--,,\.~ John ~anfredonia, a ma~ied man ~~ Date: ~ Date: STATE OF ARIZONA) ss.: County of Pima ) The foregoing instrument was acknowledged before me on Beverley Manfredonia, husband and wife. \\'L~.a S \, \ 1 "' > I 0 s~ ( . by John and ...rIa Crtlan VeInco Notary Public. Arlzonl Pima County My Convnlnlon ExpiNs IIIn:Il 30,2008 {00001394.DOC 13} 11 11122/2005 10:49 AM .~. """ ,.1[:;" '''''I" ,:[ ::l ~~ It:~ "i ~:~ i'!~ ApPLICANT: Dale: L / '2- ~ r " Dale: II / 7:Vd.~ JESSICA A. GUTIERREZ STATE OF ARIZONA ) Notary Public - Arizona Pima County ) ss.: My Commission Expires County of Pima ) February 28, 2008 The foregoing instrument was acknowledged before me on jlJ'ZPL1W06 by John Lashley. STATE OF ARIZONA) ) ss.: County of Pima ) The foregoing instrument was acknowledged before Dawn Lashley. JESSICA A. GUTIERREZ Notary Public. Arizona Pima County My Commission Expires February 28, 2008 {00001394.DOC /3} 11/22/2005 10:49 AM - 12 - 1 'i:~, "u;, "7' ~I~ ::1. ~~ ~~ :1 ij"~ ':i[ :UCANT~ ~. John Guisto, a married man ./ .'\ohDule c(Jttl c--:- Jar&1 White, a married woman STAlE OF ARIZONA) ) ss.: County of Pima ) Date: n/; /i-r ! / Date: I {~ Ie/ / C 5 / OFFICIAL SEAL KIMBERLEE M. HILTY Notary Public-Arizona PIMA COUNTY My Commission Expires November 19, 2008 The foregoing instrument was acknowledged before me on and Janelle White, husband and wife. :i ;::~:; '~ ;;l "It ~':~ , ~~~"; " ;i" ,,,, {00001394.DOC /3} 1112212005 10:49 AM - 13 - APPLICANT: ~ Ron Wheeler, a married man fta+ulJ[-tA/2------- Deanne Wheeler, a married woman STATE OF ARIZONA ) )ss.: County of Pima ) Date: /2 -7-05 Date: /t'7.0~ The foregoing instrument was acknowledged before me Deanne Wheeler, husband and wife. .(9) OfficIal ~ ""~Sl8lear:'AIIIDna _e-m. '='~ IS... {00001394.DOC / 3} 11/22/2005 10:49 AM - 14- 'I :~2 i'!"it- ;~ i ~~ II~~ :':$ APPLICANT: ~ "" ../J) /{J//~~L/ \.( Dawn Lechner, a married woman Date: Date: /6) -6-o~ /j2~~/z)~ STATE OF ARIzONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me O~0(-7;......J.:.N7 j'2<"'ID';' ~Christopher and Dawn Lechner, husband and wife. . Nota!y Publk: State of Attzone Pima County Courtney Carlson Expires March 23, 2008 ^ ./ ?t---- ~~ Public {00001394.DOC /3} 11/22/2005 10:49 AM 15 t :~~~ "':r i 1 ~:~,. i ~I:~ ~[ q ~1:J, Date: ~l- / ( r-- 7.c;C/ '> Date~< ~ 7, ~o.s STATE OF ARIZONA) ) ss.: County of Pima ) The foregoing instrument w";S acknowledged before m....~~~Qa5bY Ken 1'\.. . Cheryl Burk, husband and WIfe. C k-- . _ ~'W- . Notary Public {Ooo01394.DOC / 3} 11/22/2005 10:49 AM 16 ~~: "1' .~ ~:~ ~) :1 ,t:! 'F'i~; !~:li APPLICANT: INA REAL ART L.L.C. ~ 1;)-- " 7 .0':) By: Sterling Michael Bryant, Date: STATE OF ARIZONA ) ) ss.: County of Pima ) The foregoing instrument was acknowledged before me on I 2-/1/ tI r by Sterling Michael Bryant, Member ofIna Real Art L.L.c., on behalf of the LLC. ~4-~~ Notary bhc . ROBERT BRETT TRfPP NOTARY PUBLIC - ARIZONA PIMA COUNTY .. My Commission Expires May 9, 2009 {00001394.DOC 13} - 17 - 11/22/2005 10:49 AM 'I~, I,U. ."), ::11, l il !~i ~i~ i~r ",,~ ~:~~ HOLUALOA INA LAND L.L.C. By: Date: 1. Michael Kasser, President of Holualoa Arizona, Inc., Managing corporation STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by 1. Michael Kasser, President of Holualoa Arizona, Inc., Managing corporation, on behalf of Holualoa Ina Land L.L.C. Notary Public ~~ H. Lawrence Serra, an unmarried man and tenant-in-common with Frank A. Serra, and as Trustee for the H. Lawrence Serra Revocable Trust uJd/t 8/30/2005 Date: IJ 0 \/. 9 aoQ~ I '(', , I f '1' ! I, -I- CL1Llrrrn.u1crf,fOdJ(\; h{!<('L}uJJeoa!i, V7f!.n L (, '-t-f />, /7 r; !J . .' 11;J ,,01 -? -17) "~I (, i A ...tL!____~......__/~.A"._, j._IL,~,-, /, _!',~' !;1e~" Ln/1i/-Kv"L ' L -' IQ UL v' STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by H. Law- rence Serra, an unmarried man and tenant-in-common with Frank A. Serra and as Trustee for the H. Lawrence Serra Revocable Trust uJd/t 8/30/2005. Notary Public Date: Frank A. Serra, a married man acting in his sole and separate right and tenant-in- common with H. Lawrence Serra, :Ii ~;.~ '''1 .:ii :L STATE OF ARIZONA) ss County of Pima ) IP3I I:~ 't 'r.~ ';';7 The foregoing instrument was acknowledged before me on by Frank A. Serra, a married man acting in his sole and separate right and tenant-in-common with H. Law- rence Serra. Notary Public {00001394.DOC /} 10 CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT S~~clC~~m~ } County of JIi J1~. J) '~ ss. On /Vov 9 I. 2 ODe:) , Date personally appeared ~rsonally known to me D proved to me on the basis of satisfactory evidence e CliDK. - eomn.....tI '1Nat NokIfy PWIc . 0.; .. IanDlegD~ MWea.n.--. u. to be the person~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sI:ieI#ley executed the same in his/-bal:.4Aeir authorized capacity~, and that by his/~r signature~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. OPTIONAL Though the information below is not required by iaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttacheLL~cument . T"e 0' Type of Do,"ment ; J a U'ILf.J1I 3D! un51rudl1/1 ,n Document Date: jVtJV 9/ 2 OOti"' Number of Pages: / / Signer(s) Other Than Named Above: acity(ies) Claimed by Signer D Individual D Corporate Offi r - Title(s): D Partner - D Um D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: @ 1999 National Notary Association. 9350 De Sota Ave., P.O. Box 2402. Chatsworth, CA 91313.2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 j; ') '7 1 ~l t~ ~ ~ ,t;:f HOLUALOA INA LAND L.L.C. By: Date: 1. Michael Kasser, President of Holualoa Arizona, Inc., Managing corporation STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by 1. Michael Kasser, President of Holualoa Arizona, Inc., Managing corporation, on behalf of Holualoa Ina Land L.L.c. Notary Public Date: H. Lawrence Serra, an unmarried man and tenant-in-common with Frank A. Serra, and as Trustee for the H. Lawrence Serra Revocable Trust u/d/t 8/30/2005 STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on by H. Law- rence Serra, an unmarried man and tenant-in-common with Frank A. Serra and as Trustee for the H. Lawrence Serra Revocable Trust u/d/t 8/3012005. Notary Public ~ ~ Date: ;tiC LJ / 2.0DJ Frank A. Serra, a married man acting in his sole and separate right and tenant-in- common with H. Lawrence Serra, ;i;~ ,j~,!" '"I" ::1, .:[ ~~ ~~~ j~ P~S't"/bJ/4 STATE OF ARIZO}.! ) ss County of ~a M o.vt;:) c~-er'J The foregoing instrument was acknowledged before me on ,10 LIc7'1qil2 / Z~ Frank A. Serra, a married man acting in his sole and separate right and tenant-. -comnion w. H. Law- rence Serra. {00001394.DOC /} 10 ApPLICANT: HOLUALOA INA LAND L.L.C. By: HOLUALOA ARIZONA, INC., an Arizona corporation, its mA~af,iITember By: 1\11 ~ 1. Michael Kasser, President STATE OF ARIZONA ) ss Date: a C[fV!(l;t vz.. / ?tltl ..;- / County of Pima ) The foregoing instrument was acknowledged before me on ~ ~ \~y 1. Michael Kasser, President of HOLUALOA ARIZONA, INC., an Arizona co oration, managing member of HOLUALOA INA LAND L.L.C., on behalf of the LLC. Notary ublic ., Notary Public State of Arizona Pima County Ann Lynette Girvin Expires May 5. 2006 {00001394.DOC / 3} - 18 - 11/22/2005 10:49 AM ,"~ '~" ':[ ::l ~~ ~!~ '") ii~ ~:~ Exhibit A Marana Water Line Extension - Service A!reement Participants Noel Earls William Jenkins John & Beverley Manfredonia loa Real Art LLC Franklin D. Nixon Randall Wade John & Dawn Lashley John Guisto & Janelle White Thomas Roper Ron & Deanne Wheeler Christopher & Dawn Lechner H. Lawrence Serra & Frank A. Serra Holualoa Ina Land LLC Ken & Cheryl Burk Shares go with the land Meter Shares 2 5 4 2 1 1 5 2 2 1 3 5 16 1 Parcel Tax Code 221-28-011E 221-28-007E 221-28-007C & 007D 221-28-011L,01IK 221-28-0111 221-28-011M 221-28-012A 221-28-012B,012C 221-28-011F 221-28-011H 221-28-011G 221-28-008B 214-1 0-002D 221-29-015V4 Parcel Address 7474 W loa Road 7510 N Scenic Drive 7600 N Scenic Drive n/a W Ina Road n/a W loa Road 7400 W loa Road 7447 N Artesiano Road 7569 & 7549 N Artesiano Road 7492 W loa Road 7488 W loa Road n/a W Ina Road 7602 W Ina Road n/a W loa Road 7390 N Artesiano Road III I - I Artesiano Rd I I SE 1/4 of SW 1/4 in T12S Rl2E S33 ~ - - I Ina Rd I ~ J- t ;:'i: " i ::l ~~ l~ "'" (~ ::l Exhibit B ......IrNU~It.Q~J)M;}r~IlaWateI"IsiIl~rr()ject..E1xIJ~Ilses<2f)tl5) ......... Vendor/Contractor Settlemeyer surveys noel ck#5160 Settlemeyer surveys ck#5166 Westland Resources ck# 5172 Town of Maran a (#5200) gave to Westland SLA landscape (#5204) SLA landscape (#5228) salvage plan retainer Town of Marana (#1636) water review PC PDEQ aprvl to const (ck # 5246) SLA landscape (pd cash at RB's& ck5281 Pima County ROW permit ck 5256 Pima County air quality permit Money Ord 0635833515 Town of Maran a Form A permit ck 5270 Pima County ROW permit revision ck 5277 Chandler & Udall, (legal) ck# 5201 Westland Resources 1 st billing (impd acct) AZ Owl Surveys (impd acct) Westland Resources 2nd billing (impd acct) Westland Resources 3 rd billing (impd acct) SLA Landscape Architects (impd acct) Center Valley Landscape billed 8/8/05 invoice #3793 (impd acct) Maverick Underground (1 st billing) (impd acct) Maverick Underground (1 st billing) balance due Best Paving - grubbing, clearing, removal ROW Westland Resources Chandler & Udall, (legal) Best Paving - grubbing, clearing, removal, interior easement Scott Shane survey water line Silverbell Nursery 120 five gallon IronWood trees Pima Cty ROW Maverick Underground (2nd billing) Western Technologies soils test Center Valley Landscape (plant removal preservation ROW) Westland Resources 4th from Total (all invoice amounts include sales tax) Date Amount 12/15/05 $300.00 1/6/05 $150.00 1/11/05 $5,000.00 4/8/05 $520.00 4/19/05 $1,000.00 6/20/05 $400.00 7/15/05 $210.00 8/11/05 $500.00 8/19/05 $1,085.24 8/22/05 $150.00 9/7/05 $500.00 9/13/05 $2,858.06 9/23/05 $94.00 3/18/05 $105.00 2/18/05 $6,908.00 3/25/05 $657.00 3/21/05 $9,735.02 3/25/05 $11,133.23 5/15/05 $1,578.17 10/5/05 $2,383.72 9/21/05 $90,000.00 9/21/05 $12,404.76 7/26/05 $1,275.00 8/26/05 $2,311.25 5/13/05 $5,743.96 5/19/05 $1,200.00 9/30/05 $1,500.00 10/12/05 $1,743.12 :rl 10/12/05 $13,274.17 "'2' i:~!.'11 .1 10/13/05 $1,094.33 'I' :1 10/14/05 $325.00 ll~ 10/21/05 $1 "I t!:, "' ,~l,p $177,683.03 l::~ ~;2: