HomeMy WebLinkAboutResolution 2017-009 Approving construction of water facilities under private contract for Willow Vista Subdivision MARANA RESOLUTION NO. 2017-009
RELATING TO UTILI'T'IES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECU'T'E A RECONCILIATION AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT FOR THE WILLOW VISTA SUBDIVISION
WHEREAS the Town of Marana adopted Resolution No. 2015-117 on November 17,
2015, approving the Final Plat of Willow Vista Lots 1-69, Common Area "A" (NUOS),
Common Area "B" (Open Space), and Parcel A, which was then recorded in the office of the
Recorder of Pima County, Arizona, on November 20, 2015, at Sequence 20153240274 (the
"Willow Vista Subdivision"); and
WHEREAS the Town of Marana adopted Resolution No. 2016-020 on March 1, 2016,
approving and authorizing the Mayor to sign an agreement entitled "Town of Marana Agreement
for Construction of Water Facilities under Private Contract Willow Vista Subdivision" (the
"Willow Vista WSA"), which was recorded in the office of the Recorder of Pima County,
Arizona, on March 18, 2016, at Sequence 20160780436; and
WHEREAS the Town has accepted the work constricted pursuant to the Willow Vista
WSA and has accepted the associated public infrastructure for maintenance pursuant to Marana
Resolution No. 2017-003, adopted on January 3, 2017; and
WHEREAS the actual cost of the work constructed pursuant to the Willow Vista WSA
was higher than contemplated when the Willow Vista WSA was entered into; and
WIIEREAS Town staff has negotiated a Reconciliation Agreement for Constriction of
Water Facilities under Private Contract for the Willow Vista Subdivision to increase the
"oversizing recovery charge" payable pursuant to the terms of the Willow Vista WSA to reflect
the actual cost of the Work; and
WHEREAS the Mayor and Council find that the terms and conditions of the
Reconciliation 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, that the Reconciliation Agreement for Construction of
Water Facilities under Private Contract for the Willow Vista Subdivision attached to and
incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor
is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and the
Town's Manager and staff are hereby directed and authorized to undertake all other and further
tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement.
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Manna Resolution No.2017-009 - 1 - 1/26/201710;55 AM
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THETOWN OF
MARANA, ARIZONA, this 7'h day of February, 2017.
Mayor Ed I Ioned(
ATTESTA13P )V ,D AS ORM:
CIA/ ,`I owri Atto ev
MARANA AZ
KSTAP0 %HFr) 1977
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Manana Resolution No.2017-009 - 2 - 1/20/2017 10 55 AM
TOWN OF MARANA
RECONCILIATION AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES UNDER PRIVATE CONTRACT
Willow Vista Subdivision
THIS RECONCILIATION AGREEMENT(this "Reconciliation Agreement") is entered into by and
between the TOWN OE MARANA, an Arizona municipal corporation (the "Town"), and HEATER IN-
VESTMENTS,INC., an Arizona corporation (the"Applicant"). The Town and the Applicant are some-
times collectively referred to as the "Parties," each of which is sometimes individually referred to as
a"Party."
REC/TALV
A. The Parties entered into an agreement entitled "Town of Marana Agreement for Con-
struction of Water Facilities under Private Contract Willow Vista Subdivision" recorded in the
office of the Recorder of Pima County, Arizona, on March 18, 2016, at Sequence 20160780436
(the"Willow Vista WSA").
B. Among other things, the Willow Vista WSA established an "oversizing recovery
charge"pursuant to Marana Town Code section 14-4-3 (C) based on the Applicant's then-antici-
pated costs of the"Work"as defined in paragraph 1.1 of the Willow Vista WSA.
C. The Applicant has now completed the Work in accordance with the terms of the Willow
Vista WSA.
D. The Town has accepted the Work and accepted the associated public infi-astructure for
maintenance pursuant to Marana Resolution No. 2017-003, adopted on January 3, 2017.
E. The Parties now desire to reconcile the"oversizing recovery charge"payable to the Ap-
plicant pursuant to the terms of the Willow Vista WSA to reflect the actual cost of the Work.
AGREEMENT
NOW, TIIEREEORE, in consideration of the foregoing premises and the mutual covenants set
forth in the Willow Vista WSA and in this Reconciliation Agreement, the Parties hereby agree as
follows:
1. Amendment of oversizing recovery charge. 'The Parties agree and acknowledge that the
Applicant's actual cost of completing the Work was $440,403.11 after the Town's oversizing cost
reimbursement and not including the items described in Recitals M,N, and O of the Willow Vista
WSA. Consequently,pursuant to Marana Town Code section 14-4-3 (C),the"oversizing recovery
charge" established under paragraph 1.9 of the Willow Vista WSA is hereby modified and in-
creased to $1,316.82 per EDU for connections within the Cortaro-Oshrin Z-zone service area
whose capacity is made possible as a result of the Work.
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2. Confirmation of remaining terms of the Willow Vista WSA. Except as expressly modi-
lied by this Reconciliation Agreement,all other provisions and limitations set forth in the Willow
Vista WSA, including without limitation those pertaining to the oversizing recovery charge, re-
main in place and are unchanged by this Reconciliation Agreement.
3. Cancellation for conflict of interest. This Reconciliation Agreement is subject to A.R.S.
§ 38-511, which provides for cancellation in certain instances involving conflict of interest.
IN WtTNESS WHEREOF,the Patties have executed this Reconciliation Agreement as of the last
date set forth below their respective signatures.
THE"TowN"� THE"APPLICANT";
Tiir,.TowN OF MARANA, an Arizona municipal FIRMER NvLsTmENTs,INC.,an Arizona
corporation corporation
By�
Ed Flo,%n_ea,(Mayor Sandra 4HIca�tcrPresident
�
Date: c;2,/7 ate.,,
ATTEST:
Ilyn C. lonson, Clerk
APPROVED AS , o FORM:
or
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T C id�, Tow mey
STATE OF AR IZONA )
County of Pima
The foregoing instrument was acknowledged before Me On -C)4� by Sandra It.
Heater, President of HEATER INVESTMENTS, INC., an Arizona corporation,on behalf of the corpo-
ration.
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