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HomeMy WebLinkAboutResolution 2006-107 agreement for construction of water facilities for silverbell plaza I" SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 RES 12851 4672 3 20061400932 07/21/2006 16:39 F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PE3 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 2006-107 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND SIL VERBELL DEVELOPMENT PARTNERS L.L.C. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR SIL VERB ELL PLAZA. WHEREAS, Silverbell Development Partners L.L.C. desires to install on-site and pay for off- site water facilities to provide water to Silverbell Plaza; and WHEREAS, the Town of Maran a is willing to provide water service to and within Silverbell Plaza in accordance with Title 14 of the Marana Town Code and in accordance with the terms of the agreement; and WHEREAS, Silverbell Development Partners L.L.C. agrees to the construction of water facilities for Silverbell Plaza; and WHEREAS, the Mayor and Council find that the terms and conditions of the 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 Silverbell Development Partners L.L.C., 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. 1 '"II' '~~~, 1:"1, ia~:; I' 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. Ir~;~ ,I:!. j'''''' ~~# ":~ ,"" -_5 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of July 2006. ATTEST: RSO 060221 WSA Silverbell Plaza Reso 2006-107 c~ ~ : ~ Ed Honea,. ayor "'\"'''''''''' ~' OF M-ci '~ ~ ...\. ~,""""",~ J() - ~ s ~~ ~~ ~ :: ElcORPORATf ~~ ~ :: S C)C)O i = - -SEAL- - - ~ ;:: ... III"! 'l:ll ;;: ~ ~ ~ , ~ ~ ~ ~/""Ul'\\~ ~ ~/jIZ. 19 ,\~ .'IIUl\\- 2 t il'::11 1~~; I !~~ li!;,I, ,'." ij"~"!! ~~~;I ::~~ Exhibit A to Marana Resolution No. 2006-107, entitled AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT, by and between the Town of Marana and SILVERBELL DEVELOPMENT PARTNER LLC, was recorded separately on July 21,2006, at Docket 1:185/, Page ~ Ie ;5 in the Office of the Pima County Recorder. ~" :,l~ ~~i.::i~ I~::' ,,,;) 1 It~~ ,~ !'~t =li <or " ,d --~<--~__'_''''''~''wJ~..,.. SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 AG 12851 4675 8 20061400933 07/21/2006 16:39 F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PE3 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 9.50 ~ 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 SILVERBELL DEVELOPMENT PARTNER L.L.c., an Arizona limited liability company (the "Applicant"). The Town and the Applicant are sometimes collectively referred to as the "Parties," each of which is sometimes individually 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 land described and depicted on Exhibit A attached to this Agreement (the "Subject Property"). C. To secure water service from the Town for the Subject Property, the Applicant proposes 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 Applicant-Installed Facility F. The Town is willing to accept the Applicant-Installed Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance 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: j., il~~ :~~ d !5 1 1. General 1[1) ,~l ,'.:" ~::ji "~~" Iii" ,,,,I 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG-0502-007 as approved by the Town and on file in the office of the Town of Marana 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 Silverbell Plaza WSA 3/8/2006 conform to the design standards of the City of Tucson Water Department and the Town of Marana 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 identifying the Applicant-Installed Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Applicant-Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, 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 Work shall be 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 Arizona Registrar of Contractors, the contractor shall hold 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 a lump sum fee of $14,436.00 for the Applicants fair-share infrastructure connection fees (calculated based on three two-inch meters at $6,912.00 per meter less credit of $6,300.00 for well site) and any other fees required by the Marana Municipal Water Code. Applicant to pay $45,757.00 for connection to protected main within sixty days of execution of this Agreement. 1.4. Anticipated cost per meter. The total charge for each two-inch water meter to be installed on the Subject Property is currently anticipated to be $1,840.00, including the meter fee and connection fee. After January 2, 2006 impact fees of $11,736.00 per meter will be charged. 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. Frontage requirement. Any property connecting onto a water main shall have a minimum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of this paragraph. 1.7. Meter application requirements. A meter application will be accepted only if the property to be served fronts the waterline. Only one water meter application will be allowed per legal description unless the property owner can provide the Town with plans indicating the type of improvement or development taking place on the land that justifies more than one meter. If any portion of the property served by the water meter 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 made with and approved by the Town of Marana Water Utility prior to the sale. 1.8. 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. 1.9. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agreement 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. Silverbell Plaza WSA 2 3/8/2006 ,ill ,11",,, f:;l ~~ ,.,JI :1.. ~2f IPJ "~;W' l::l 2. Engineering and Inspection 2.1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered 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 inspection 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. Inspection 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 reasonably 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 returned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion ofthe 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. 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. ;I, ~~~ ~:;:~ !i:~ " ,I. 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 regulations relating to the Work. 4. Construction r:l ,;(l ",""' 1"]' y~? '7 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 Silverbell Plaza WSA 3 3/8/2006 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 laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently 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 expense, make any and all alterations to the existing water system either on-site or off-site necessitated 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 performing 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 Arizona. 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 acceptance 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 encumbrances. 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 acceptance 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 operation or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all service 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 Subject Property is fully developed. 1.. It' ,~~: I"",,' ~;,# I~:" ,.., j. I~~ I~! l"'~ ,,~~, .!. 1;:::1< 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Applicant-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 paragraph. Silverbell Plaza WSA 4 3/8/2006 6. Miscellaneous 6.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, 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 employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. 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. 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: ApPLICANT: THE TOWN OF MARANA, an Arizona municipal corporation Silverbell Development Partner L.L.c., an Arizona limited liability company By: !'zJ if vM.J---------- Ed Honea, Mayor .~\ BY:~U Steve Mar, Managing Manager Date: 7 - IB -abate> Date: 0-23 ~00 ATTEST: ~i. "" iR~ ~;; j ~;~ ,~K "".~ f:l "? ~~~ Silverbell Plaza WSA 5 3/8/2006 STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on' l.J /2?; ! C & by Steve Mar, Managing Member of SIL VERBELL DEVELOPMENT PARTNER L.L.C., an Arizona limited liability company, on behalf of the company. My commi.ssion expires: .. _ D eCei.vt ve.r 21? 2CO ~ . Q/vu{j . ~~ j .., Notary Pubh - -~;:,'.:,'<--"-:''''::>;''~~ - \I..~.<n~~-'OffiCial Seal NOTARY PUBLIC STATE OF ARIZONA .=~ em"" of Pim, f~()Bi~~ M. SUTER My CommisO'c' E'T,es Cecember 29,2008 , ..../.~~ Silverbell Plaza WSA 3/8/2006 6 1 :~ I"~ !~1 :l.. ~~ ,~I ,.'" l;;~ l,:~ ~I EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION Silverbell Plaza WSA 7 3/8/2006 _.._....~-_...,,-~~~,--~..".. " l '''1 ,~: ~~:j ti" 'u~~ j" ~;) ,I~l i'.' C) ~~~ ~.... ~ I MARANA ~/ I '" TOWN OF MARAN A Silverbell Plaza CASE NO. DPR-04062 t ~~.t;, ~~..') fF'--?PFY~ ,.. >Y ~v;:,l ~~~~~rJ .~ ~ ,y ~'.\.2 =:..:.~ kP" ....& ~ ~ ";.(" J)'~ U:::i:?" ~l )?- ,\ ><-..'W^'\..> ~ :\ , , , :\i~ ., <<'~ / /' V r./lA. #ffV'd9s Subject Parcel ,d~:~~7 ..... ~~~\/~ j .J w ....t= ~ ~~ ~ ~~ ~ ~.. ;>x I '= H ~~'-7'h :~ ..... /' ..... ...... -" 3)'~~ ~ .,I::::~ ~ 'fJ - i k: C/ ___ 'xv - 'A 'F t-- ~'<. k-dl """ :::i:e I (\ ~ F\ "" __ ~c \.) A ~ t\>Z\~ (y)'''''' ~ ~~ .A " '\'i ~\ \\ "'~ '/ 1-- J~ ''''" I~ lA \ ~ v I/F1 If "'~ ';>,:\. \\'Y I~' ~ . ~ ~A'~ /. L' )('\. 1'/.;( \%.: ) ~ J (I' "AV ',... ~ ' ..-'\ .1.- "X- y ).> ~ ~//I' ~ ~II\::: ,,: ,'r -f p~ ~ ~ 'Y~ " ' '-<. '\ / ~ ~" <-1 rl. ~~/{(^~ Y 11'r<: ;:::: [1 rr&~ f tyr6r -{ .,.F--, L- I) ~~~/(/~ ~. -{ It} > V'dfR . ( fJ rill. I ~~. ' 1 !-l 'J-, ~I J~ ;.;\~V \\\. , j\ '\ :/ ;: ~i-- /' /~ \ \~' -:.. I ""ilf-] ./ t ,fr.'11 .'~1' I"", IrJ 't ~J ,~l ~:' f" " ,r .;~ REQUEST A request by Silverbell Development Partners L.L.C. to ratify the Manager's Design Review Committee recommendation of approval fo a commercial development on 2.2 acres located in the Silverbell Road Corridor Overlay District.