HomeMy WebLinkAbout12/20/2005 Blue Sheet Water Service Agreement end of Ina Road
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: December 20,2005
AGENDA ITEM: I. 4
TO: MAYOR AND COUNCIL
FROM: C. Brad DeSpain, Utilities Director
SUBJECT: 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.
DISCUSSION
Several property owners at the end of Ina Road have extended the water main in Ina Road to
their property to provide water service to their property. Pursuant to an agreement between the
Town of Marana and these property owners, they have constructed a main line extension and will
pass ownership of this main line extension to the Town; the Town will then provide water
service to their properties.
A TT ACHMENT(S)
Agreement, including Exhibit A - individual property owners.
RECOMMENDATION
The Water Utility Advisory Committee and Staff recommend approval of the execution of the
agreement between the Town of Marana and several individual property owners at the end ofIna
Road for construction of water facilities under private contract for water service to their property.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-154.
BLU Ear! Ina Rd Ex!.
12/14/200511:08 AM APM
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 ofthe Agreement are
in the best interest ofthe 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 ofIna Road, 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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of December, 2005.
Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 051220 WSA Earls Ina Rd Ex!. No. 2005-154
2
APM 12/14/2005
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-IOI as approved by the Town and on file in the office of the Town ofMa-
{00001394DOC / 3}
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11/22/2005 10:49 AM
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 of this 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
and A-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.
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.
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.
{00001394.DOC / 3}
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11/22/2005 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.
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.
{00001394.DOC / 3}
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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.
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 oftwo 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.
{00001394.DOC / 3}
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11/2212005 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
ofthe 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. Cancellation for 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 WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TOWN:
THE TOWN OF MARANA, an Arizona municipal
corporation
ATTEST:
Jocelyn C. Bronson, Clerk
Date:
By:
Ed Honea, Mayor
{00001394DOC 13}
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ApPLICANT:
By:
-/!Jf~
Noel Earls, an unmarried man
Date:
Jr./?! bJ
STATE OF ARIZONA )
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me on DeC. 01( ')oDS by Noel Earls,
~A~~
otary Pubhc
an unmarried man.
al JENNIFER DAWN LECHNER
Notary PUblic - Arizona
Prma County
My c:.ommiSSion Expires
l-eb.28.2006
{00001394DOC 13}
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11/2212005 10:49 AM
ApPLICANT:
Date:
(1:-/3/0.s-
The foregoing instrument was acknowledged before me on
Jenkins, an unmarried man.
JOSH J. GEORGE
Not3:j1 Public - Arizona
Maricopa County
My Commission Expires
September 15, 2007
t\,\1\~
~ . by William
STATE OF ARIZONA)
/Yb ) ss.:
County of n Cd) )
{00001394.00C / 3}
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ApPLICANT:
~~an~
STATE OF 11n~ )
f) ) SS.:
County of trvht.?- )
Date:~...k- 7!;L 0 05
The foregoing instrument was acknowledged before me on
Nixon, an unmarried man.
~C-. 7. 'k15S by Franklin D.
:8
~.
-
~ -
ROSE ESCALANTE
Notary Public - Arizona
Pima County
My Commission Expires
July 16, 2008
~~
Notary Public
{oooo 1394.DOC /3}
11/22/2005 10:49 AM
-8-
ApPLICANT:
[76'l Oft, 2i1JS
Date:
STATE OF ARIZONA)
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me on I L lli I 0"$ by Randall
~~
ry PublIc
Wade, an unmarried man.
COREY GALLION
Notary Public - Arizona
Pima County
My Commission Expires
Aoril 7, 2006
{00001394.DOC / 3}
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11/22/2005 1049 AM
APPLICANT:
Thqf;;&an
STATE OF f}IIZ()(7(I...)
) ss.:
County of 'HrnA.. )
Date:
/2/?/OS
/()"/'7/ oS
by Thomas
The foregoing instrument was acknowledged before me on
Roper, an unmarried man.
TESSA M. SPUHLER
Notary Public - Arizona
Pima County
My Commission expires
.. 9!Z .'anucry 3. 2006
'~C::-'-':
cJ-U>oP- --fY7 'IAp~
Notary Public
{00001394.DOC / 3}
- 10 -
11/22/2005 10:49 AM
ApPLICANT"
~~ \'\--V~\'~
\
John~anfredonia, a matried 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 7.. '> ! 0 s.~
'0") by John and
lie.... Crtun VeIMCo
NatJiry Public. Arizona
Pima County
My Commission Expns
IIIn:Il 3O,2OOt
{00001394.DOC / 3}
11
11/22/2005 10:49 AM
APPLICANT:
Date: / / '2- "Y ~ ,,--
Date: I I / ';2-7;/-;1. S-
f
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 ~1.)/LI1D06 by
John Lashley.
STATE OF ARIZONA )
) sS.:
County of Pima )
The foregoing instrument was acknowledged before
Dawn LasWey.
JESSICA A. GUTIERREZ
Notary Public - Arizona
Pima County
My Commission Expires
February 28. 2008
{00001394.DOC / 3}
11/22/2005 10:49 AM
- 12 -
~ANT: _
~ ~
John Guisto, a married man
" ~ -l 'b-i
/ -O'Aof1 e (( ./ ~ c:)
Jm&'White, a married woman
STA TE OF ARIZONA )
) ss.:
County of Pima )
Date:
gh /tbr
! /
/
Date:
I r':1 Ie? / C5
/
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.
7t1A.2bJ5' by John G
{00001394,DOC / 3}
11122/2005 10:49 AM
- 13 -
APPLICANT:
~
Ron Wheeler, a married man
iXO/vUlrt{;Cf2------
Deanne Wheeler, a married woman
STATE OF ARIZONA )
)ss.:
County of Pima )
Date:
Date:
/2-7-05
/l.7 O~
The foregoing instrument was acknowledged before me
Deanne Wheeler, husband and wife.
(fi)
0flicIaI
NaIIIJ ~Slalear:' AdIDna
ItfCcllMt. '='~ 25, IOllI
{OO001394.DOC / 3}
11/22/2005 10:49 AM
- 14-
APPLICANT:
~
.,/) ~d7
.....',t)$K~~t6~L/
l..I Dawn Lechner, a married woman
Date:
I~ -6.0.5'
/;;z~r; -zJ~
Date:
STATE OF ARIzONA)
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me o~D(::r;....-h..r7 . 2 <"'Dl{' lyChristopher
and Dawn Lechner, husband and wife.
^ /~-
~&;; Public
., Nolaly Public State of ArlzonII
Pima County
Courtney CarIIon
Expirea March 23, 2008
{00001394.DOC /3}
15
11/22/2005 10:49 AM
Date: lliL- --;
(
,--
7- OC/ "
Date~~ ~ 7; ,uoS
STATE OF ARIZONA )
) ss.:
County of Pima )
The foregoing instrument was acknowledged before m.. e. ~n t:~~5bY Ken (\ .
Cheryl Burk, husband and wife. Q __ _ ~'W .
Notary Public
{OOOO1394.DOC / 3}
11/22/2005 10:49 AM
16
ApPLICANT:
INA REAL ART L.L.C.
~
Date:
( ...., C
';>-. I . 0;./
By:
Sterling Michael Bryant,
STATE OF ARIZONA)
) ss.:
County of Pima )
The foregoing instrument was acknowledged before me on I z../1 / "r by Sterling
Michael Bryant, Member ofIna Real Art L.L.C., on behalf of the LLC.
0l4~~~
Notary bhc
ROBERT BRETT TRlPP
NOTARY PUBLIC - ARIZONA
PIMA COUNTY
My Commission Expires
May 9, 2009
{OOOO1394.DOC /3}
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11122/2005 10:49 AM
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
LandL.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 u/d/t 8/30/2005
Date: Nol./. 9 c?oQ~
I
eLt!! lrrn/uCl!\(otD(\1 ALkfl()Lt1jeOa!Jrie.nt
,n'-+-/1/' (1 :J" 0.j),djJ-hQ" r i -J.
. t L L -,"~ ILL ) ,., J - {L 'Ul tJ:J ft:s/t:i uf
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/d1t 8/3012005.
Notary Public
Date:
Frank A. Serra, a married man acting in his
sole and separate right and tenant-in-
common with H. Lawrence Serra,
STATE OF ARIZONA )
ss
County of Pima )
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
{0000I394.DOC /}
10
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
}ss
personally appeared
~rsonally known to me
D proved to me on the basis of satisfactory
evidence
~ ClilDfIC.
- Conllnlw....., tlll7.,
Noby PubIc . 0_ ..
IanDlegD~
_CGnwn.--'.,I7.
to be the person~ whose name~ is/~
subscribed to the within instrument and
acknowledged to me that he/~y executed
the same in his/~ir authorized
capacity~, and that by his/flerltheir
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 law, 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 Attached
r un~<;trtJCl-;;117 '.' ~
Number of Pages: / /
Title or Type of Document:
Document Date: /V{)V
,
Signer(s) Other Than Named Above:
acity(ies) Claimed by Signer
Signer Is Representing:
D Individual
D Corporate Offi r - Title(s):
D Partner - D Um
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
@1999National Notary Association' 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402' www.nationatnotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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
LandL.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 uJd/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 uJd/t 8/30/2005.
Notary Public
~
~
Date: ,AID 1/ I 20DJ
Frank A. Serra, a married man acting in his
sole and separate right and tenant-in-
common with H. Lawrence Serra,
P~S'(It/~A'l
STATE OF ARIZOl>J )
ss
County of ~a M Otift) C\A't-er-")
The foregoing instrument was acknowledged before me on /'10 tle7'1qEll / l~ Frank A.
Serra, a married man acting in his sole and separate right and tenant-' -comrrton w' H. Law-
rence Serra.
{00001394.DOC /}
10
ApPLICANT:
HOLUALOA INA LAND L.L.C.
By: HOLUALOA ARIZONA, INC., an Arizona
corporation, its m,1~ali'Tember
By: 1Vf~ ~
1. Michael Kasser, President
STATE OF ARIZONA )
ss
Date: /Jeu.""'l1>tvz.. / lc1(1";-
I
County of Pima )
The foregoing instrument was acknowledged before me on ~ ~ l~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 Public State of Arizona
Pima County
Ann Lynette Girvin
Expires May 5. 2006
{00001394.DOC / 3}
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11122/2005 10:49 AM
Exhibit A
Marana Water Line Extension - Service A!reement
Participants
Noel Earls
William Jenkins
John & Beverley Manfredonia
Ina 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
I
Parcel Tax Code
221-28-011E
221-28-007E
221-28-007C & 0070
221-28-01IL,01IK
221-28-01lJ
221-28-011M
221-28-012A
221-28-0128,012C
221-28-011F
221-28-011H
221-28-011G
221-28-008B
214-1 0-0020
221-29-015V4
Parcel Address
7474 W lna Road
7510 N Scenic Drive
7600 N Scenic Drive
nla W Ina Road
nla W Ina Road
7400 W lna Road
7447 N Artesiano Road
7569 & 7549 N Artesiano Road
7492 W Ina Road
7488 W lna Road
nla W Ina Road
7602 W Ina Road
nla W Ina Road
7390 N Artesiano Road
III I l-
I Artesiano Rd I
I
SE 1/4 of SW 1/4 in
T12S R12E S33 :
l-
I
l-
f-
I Ina Rd I
I ~
~
~
Exhibit B
INA ROADl\farana WaterLin~Proj~cf- EXI>en~~s (2Q05)
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 Marana 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
Date
12/15/05
1/6/05
1/11/05
4/8/05
4/19/05
6/20/05
7/15/05
8/11/05
8/19/05
8/22/05
9/7/05
9/13/05
9/23/05
3/18/05
2/18/05
3/25/05
3/21/05
3/25/05
5/15/05
10/5/05
9/21/05
9/21/05
7/26/05
8/26/05
5/13/05
5/19/05
9/30/05
10/12/05
10/12/05
10/13/05
10/14/05
10/21/05
Total (all invoice amounts include sales tax)
Amount
$300.00
$150.00
$5,000.00
$520.00
$1,000.00
$400.00
$210.00
$500.00
$1,085.24
$150.00
$500.00
$2,858.06
$94.00
$105.00
$6,908.00
$657.00
$9,735.02
$11,133.23
$1,578.17
$2,383.72
$90,000.00
$12,404.76
$1,275.00
$2,311.25
$5,743.96
$1,200.00
$1,500.00
$1,743.12
$13,274.17
$1,094.33
$325.00
$1
$177,683.03