HomeMy WebLinkAboutResolution 2004-060 agreement for potable and non potable water facilities for san lucas developmentMARANA RESOLUTION NO. 2004-60
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT BETWEEN THE TOWN OF MARANA AND BCIF GROUP FOR
CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND
PROVISION OF WATER UTILITY SERVICE FOR THE SAN LUCAS DEVELOPMENT.
WHEREAS, BCIF Group intends to facilitate the development of property to be called San
Lucas (the "Property"); and
WHEREAS, BCIF Group desires to arrange for the provision of water service to and within
the Property in connection with development; and
WHEREAS, Marana is willing to provide water service to and within the Propertyin
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the
Agreement; and
WHEREAS, BCIF Group agrees 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 Potable and Non-Potable Water Facilities
and Provisions of Water Utility Sendce between the Town of Marana and BCIF Group, 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 B Y THE MAYOR AND COUNCIL O F THE TOWN OF
MARANA, ARIZONA, this 18th day of May, 2004.
ATTEST:
ocelyn ~Bronson, Town Clerk
APPROVED AS TO FORM:
F//~'~Frank Cassidy, Town Attorney ~x...) ~'''~
R~O 040518 San Lac~ RSO 2004-60
2
APM 05/12/2004
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF POTABLE AND NON-POTABLE WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
THIS AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-
POTABLE WATER FACILITIES, is entered into by and between the TOWN OF
MARANA, ARIZ~(;~A, an A~zona Municipal Corporatio, n., ("Marana") and B C I F
GROUP, LLC, ~in-~J~dzona Limit .e~l. Liability Company (the Developer'). Marana an(3 the
Developer are sometimes collect,vely referred to as the "Parties".
RECITAL
WHEREAS, the construction of 'Water Facilities' necessary to provide water
utility service to the Developer's Property, which is more specifically described .o..n
Exhibit ,A" attached to and made a part of this agreement (hereinafter the "Property );
and
WHEREAS, the Developer owns the Property which is the subject to this
Agreement; and
WHEREAS, the Developer is desirous of arranging for the provision of water
service to and within the Property in connection with development; and
WHEREAS, Marana owns and operates a municipal water system, and is
experienced in the provision of water service; and
WHEREAS, Marana i s willing t o supply w a, ter t o t he Developer i n accordance
with the Municipal Code of Marana and the terms of this Agreement.
COVENANTS
NOW, THE.REFORE, the Developer warrants it is legally qualified to do business
in the State of Arizona and in consideration of the Recitals set forth above and the
mutual covenants, conditions, and agreements set forth below, the Parties agree as
follows:
San Lucas Water Sen, ice Ag~ment05/10/2004
DEFINITIONS
1.1
1.2
Water Facilities: The public water facilities and appurtenances to be
constructed under this Agreement and located within public rights-of-way
or dedicated easements, and which, upon completion by Developer and
inspection and acceptance by Marana, are to be deeded to Marana for
operation and maintenance. Water Facilities include but are not limited to
water mains, valves, hydrants, pipelines, booster pumps, wells, reservoirs,
telemetry, all electrical and other panels, and all other water facilities
necessary for potable and non-potable water service to the Property and
appurtenant to the municipal water supply system of Marana.
Work: The design and construction of the Water Facilities as provided in
this agreement.
CONSTRUCTION OF WATER FACILITIES
2.1
Developer shall design and construct, at Developer's own expense, the
*Water Facilities in accordance with approved Plans and Specifications.
TheAIpproved Plans and Specifications shall (i) conform to the design
sta~rds of the City of Tucson Water Department and the Marana Town
Water Code, (ii) be sized to and capable of serving the water needs
including fire protection for the maximum authorized development on the
Property (including all commercial and noncommercial development to be
served by Marana), and (iii) designate the point of interconnection referred
to in Paragraph 2.6, and (/v) be prepared by a qualified registered.
professional engineer. A copy of the approved On-Site Plans ano
Specifications for the Water Facilities is attached as Exhibit "B."
(a) The Plans and Specifications shall include, at a minimum:
(i)
Developer shall convey to Marana one (1.) or two (2) potable
water well(s), per Phasing Outline Exhibit "C" attached, with
each well having a production capacity of not I.ess than sev.en
hundred 700 gallons per minute, which, Deve!op. er.w.a, rra~s,
equals or exceeds the water production capacity Incluo,ng T, re
protection requirements needed to serve the Property when
fully developed. Developer will drill one (1) o[.two (2) ne..w
well(s) to a depth mutually agreed upon in .~t!n.g (cu. rre.m~y
estlm.ate~., at seven hunqred feet (700'), ana s~.een ,n. cn..es
(16') ~n diameter within the sc, me_ned interval, as snown ~n me
Construction Diagram attached as Exhibit 'F". In any event,
the well(s) to be conveyed to Marana shall be capable of
equaling or exceeding the production capacity specified
above. The well(s) will be conn_ected with a twelve-inch (12")
fill line to the on site storage tank.
(ii)
Developer shall design and construct at Developer's own
expense a separate non-potable distribution system
throughout the Property, in complete accordance with Non-
Potable distribution Systems plan as submitted by the
San Lucas Water Service Agreement~5/10/2004
Developer and approved by Marana. The non-potable system
shall be constructed so as to clearly distinguish the non-
potable system from the potable system and be capable of
camjing untreated water from any source, such as CAP,
~roundwater, surfaco water, effluent or reclaimed water.
eveloper shall design and construct at Developer's own
expense an interconnecfion of their on site non-potable
system to the Marana existing six inch (~6') main, from the
Amole Wellsite at Adonis Road, using an eight inch (8") main,
(iii) Developer shall design and construct at Developer's own
expense a n interconnection of their on site twelve-inch (1.2")
main to the Marana existing six inch ("6") ,pc{table. ma~ u.s. lng
an eight inch ('8") main per Exhibit 'C Phas!n.g.u.u.a.m.e.
~ ~.' Appurtenant.facilities to interconnect the non-potable wa[er
System to the Amole Wellsite water .system at location
specified In Exhibit 'G'. Unless other~..se mutually ag. re.e.d
and set forth on the Plans and Specifications the non-potable
~ interconnection will terminate at the Marana Amole Wellsite
..... ~'~water system. T here shall be no interconnection of potable
and non-potable systems.
(iv) Developer shall have at each phase, adequate storage for fire
pro..tection needs of the Water System and at the Property's
build-out which will be equal to or exceed the estimated water
usage on the hottest day of the summer, together with two (2)
hours of fire flow at one thousand seven hundred fifty (1750)
gallons per minute. If Marana is to serve any commercial
development on the Property, then three (3) hours of fire flow
at one thousand fwe hundred (1500) gallons per minute is
needed. A portable self-contained generator of sufficient size
to operate the well and 1750 gpm booster station fire pump.
shal/be installed to meet fire code requirements at the start o~
the final phase per Exhibit 'C' Phasing Outline, in the .event.
that Marana is not in possession of one or more oT saia
generators at the start of the final phase.
(b) Developer shall comply with Article 10, Chapter 2, Title 45, Arizona
Revised Statutes governing w~l drilling, such as securing, permits,
use of liconsed well drillers, filing well Io~..s and meeting well
standards. Developer shall p?f.o, rm ~vell testing conforming to the
American Water Works Association .S. tanda.rds (AWWA) for pump
tests and shall conduct water quality testing conforming to the
standards of the Arizona Department of Environmental Quality
(ADEQ) and Pima Coun..~ of Department of Environmental Quality
(PCDEQ) for quality certification of new source wells. Water quality
tests shall be sampled during the end of the longest continuing
pumping period.
San Lucas Water Se~,tce Agreement05/10/2004
3
2.2
2.3
2.4
2.5
2.6
2.7
(c)
Developer and Marana recognize that not all Water Facilities may
be necessary to service the initial phase or phases of the
development proposed for the Property. The phasing is attached
to this Agreement as Exhibit "C."
The Plans and Specifications for the Water Facilities shall be reviewed
and approved in writing by Marana, ADEQ and PCDEQ before issuance
of any Water Facilities construction permits by Marana. No work shall
commence un~JI Marana has issued a Water Facilities construction permit.
The water production and storage facilities as specified in the Plans and
Specifications shall be (i) constructed, (ii) issued a cerfifi.cat, e. to operate, by
ADEQ or PCDEQ, and (iii) accepted by Marana prior to Marana issul.ng.
Developer a Certificate. of Occupancy for any residential or. c?.mmemla~
unit, subject to the phasing as provided for in Paragraph 2.1(c} a~ove
The Water Facilities shall be constructed by a contractor properly licensed
by the state of Arizona and in accordance with the Plans and
· Specifications. The location in the ground and manner of installation shall
comply with the requirements of all public agencies having authority to
prescribe regulations with respect to the location and manner of
ir~st{~ation.
Applicant shall obtain all necessary permits and licenses, pay all fees and
comply with all laws, ordinances and regulations related to the public
health, safety, welfare and construction of the Water System.
All materials shall be new and both the workmanship and mate.rials shall
be of good quality and shall meet the combined s..pecifi..cafi.o.ns .and.
standards of (a) AWWA, (b) ADEQ, (c) PCDEQ, (d) al~,..appli.caDm, lo. ca,!
regulatory agencies, and (e) the plans and specifications ueveloper- snaIl
repair, or remove and replace, at Developer's own expense and at
Marana's convenience, workmanship or materials which do not meet the
described criteria or which prove fo be defective at any time within one
year from the date of the final acceptance of Applicant's work by Marana.
Upon completion by Developer and acceptance by Marana, of the Water
Facilities, Developer shall dedicate the Water Facilities and Water System
to Marana, without cost to Marana, and Marana shall thereafter operate
and maintain the Water Facilities as an integral part of its municipal water
utility. The W. ater Facilitie.s. constructed pursuant to this Agreement shall
provide a point of connection fo Marana's existi.ng water facilities at the
point directed by Marena for Service Area requirements. Alter Marana
begins Drovidin(J water service to the Property, the Developer shall comply
wit~ all'require~ents and obligations mposed on water customers by the
Marana Town Cede, including without liroitation the requirements and
obligations set forth in Town Cede Articles 14-6 and 14-7 as they may be
amended from time to time.
Developer shall comply with the inspection and testing requirements of
ADEQ, PCDEQ, and Marana for the facilities to be constructed hereunder,
PROVIDED HOWEVER, said requirements shall be reasonable and shall
San Lucas Water Sen, ice AgreemenIO5/10/2004
4
2.8
not cause Developer unwarranted delays in the ordinary course of
construction. Developer shall pmmptiy notify Marana when the Water
Facilities under construction ara ready for inspection and testing; and
upon 24 hours written notice to Marana, Marana shall theraafter inspect
the sam.e promptly after being so notified. For the purpose of inspection
and testingof everything covered by this ^greement, or performance of
the Work, Developer shall give Marana and any inspectors ap. pointed by it
free access to the co.n. struction site and facilitate the proper ,nspection of
such m ateriais, i nciud,ng p rocurament d ara, a nd s hall furnish them with
full information about the work whenever requested. The approval of the
Work by an inspector shall not relieve Developer from its .o. bligaflon to
comply m ell respects and complete the work in compliance with the plans
and specifications and in accordance with the best practices. Developer
agraes that no inspection by or on behalf of Marana shall relieve
Developer from its obligation to do and complete the Work in accordance
with this Agreement. .At any time befora the final completion and
acceptance of the Work, if any part of the Work is found to be defective in
any way or in any way .fails fo conform to this Agreement, Marana is
'heraby exprassly authorized to raject or ravoke acceptance of such
def~ive or deficient Work and require Developer to repair, replace, or
rn~a~k'~ ~ on such defective Work. Marana. spe~.'..cel~ .mse_wes.,..t. he
right to withhold approval and to forbid connection or me water ~-ac, mes
constructed pursuant to this Agreement to Marana's w..a. ter utility system
unless they have been constructed in accordance with the Plans and
Specifications and ara satisfactory to Marana upon inspection and testing.
Developer agrees that it will promptly co..r[ect all defects.and, deficiencies
in construction, materials, and workmansnip upon request oy Marana.
If Developer makes (or .d...esiras to make) any material changes to the
design of the Water Facilities as shown on the Plans and Specifications,
Developer shall obtain Marana's prior written consent, raview material
changes or modifications, pay Marana a raasonable fee, and pay the
additional cost of construction associated with the material changes or
modifications.
2.9
2.10
Within thirty (30) days after completion of construction, Developer agrees
to furnish Marana, copies of all Developer, subcontractor, vendor and all
others invoices for all engineering and other services, materials
purchased, materials installed, construction performed, equipment
provided and all else done direclJy in connection with construction
pursuant to this Agreement at the actual cost_thereof.
Developer shall obtain to the satisfaction of Marsna lien waivers and
releases from all third parties providing labor, materials or services
hereunder. Developer h era.by i rrevocably.waives a ny r i.ght.s it m ay n.o.w
have or which it may acqu~ra during the course of th~s Agreement to
record liens against Marana or its property. Dev. elope.r s..hall ..also pay;
satisfy and discha~e all mechanics', material men's ana o~ne.r i!ens, .an~.
all claims, obligations and liabilities which may be as.series ag. ams[
Marana or its property by reason of, or as a rasult oT, any ,acts or
omissions of Developer, its employees, agents, servants, suppliers, or
San Lucas Water Service
2.11
2.12
2.13
2.14
subcontractors, or the employees, agents, servants or suppliers of its
subcontractors, in connection with or relating to the performance of this
Agreement.
Within thirty (30) days after completion of construction, Develo.per shall
fumish Marana, 'as-built' drawings in both written and ele~[~umc format
certified as to correctness by an engineer registered in the State of
Arizona showin.g, the locations of a II water mains, hydrants, valves, a nd
service connections to all structures served from the water facilities
constructed pursuant to this Agreement.
All activities associated with or comprising the Work required under this
agreement shall be undertaken by the Developer at its own risk until the
Water Facilities are fully completed and accepted by Marana. In case of
accident, desbuction or injury to the Water Facilities before final
completion and acceptance of the Water Facilities, the Developer shall
own expense replace or. '
promptly and at ils . . repar the Water Facilities
. injured~ damaged or destroyed to the satisfaction of Marana.
Dev~ipper hereby assumes all of the responsibility and liability for injury or
de~at~ of any perso.n, or loss for damage to any property .contribute~. to or
caused by the negl~ence of Developer, its agents, servants or employees
in the execution of and performance of the activities and Work
contemplated or in connection with this agreemenL Accordingly,
Developer shall indemnify, appear, defend and hold Marana and its
elected officials, employees, agents and consultants (the "Town")
harmless from and against claims (except and to the extent that the same
are caused or contributed to by the Town) or expenses, including
which
penalties and assessments, to they or any of them may be subject
to by reason of such injury, death, loss, ciai.m., penalty, assessment or
damage, and in case any suit or other proceeding which shall be_brough.t
on account thereof, Developer shall assume the defense of the/own at
Developer's expense and shall pay all judgments rendered therein.
(a) Marana hereby assumes all of the responsibility and liability for
injury or death of any person, or loss for damage to any property
contributed to or caused by the negligence of the Town caused by
Marana's interconnection of the Water Facilities to any off-site
water facilities, and, in that event, Marana will indemnify, appear
and defend and hold Developer harmless from and against claims,
(except and to the extent that the sam_e is caused or contributed to
by Developer, ils employees, agents and consultants) or expenses,
including penalties and assessments, fo which they or any of them
may be subject to by reason of such injury, death, loss, claim,
penalty, assessment or damage, a_nd in case any suit or other
proceeding which shall be brought on account thereof, will pay all
judgments rendered therein.
Developer shall procure and maintain all of the insurance policies
described below and shall cause Marana to be endorsed as an "additional
insured" thereon, including insurance covering the obligations assumed by
San Luces Water Service Agreement05/10/2004
Developer under subparagraphs (a), (b) and (c) of this paragraph.
Coverages shall be in amounts .adequate to cover the risk commensurate
with the Work. Certificates evidencing the insurance and coverage of
Marana as 'additional insured' shall be provided to Marana prior to the
start of the work.
(a)
(b)
Worker's compensation and occupational disease and disability
compensation in the benefit amounts as required by the laws and
regulations of the State of Arizona;
Comprehensive general liability insurance, including operations and
protective liability coverages. When the work to be performed
requires blasting, Developer's insurance shall specifically cover that
risk; and
2.15
2.16
(c)
~Comprehensive automobile liability insurance covedng all owned
and'non-owned automobiles and trucks used by or on behalf of
Developer, in connection with the work.
For.me purposes of this paragraph, the provisions of Marana Code §14-3-
7~ any successor or amendatory provisions are incorporated as
though set forth in full hero and Developer, is the Customer. Developer
shall provide to Marana recordable easements and required surveying
over, under, and across all portions of the main and pipeline routes as
may be. necessary to serve each parcel or lot within the Propa,rty. If,
development of the Property involves road construction, all roaos ano
drainage ways will be brought to grade by Deveiopar pdor to the
commencement of the Work. No pavement or curbs shall be installed
prior to completion of the Work.
Developer shall install, to Marana specifications, automated meters,
sensors, and the other necessary equipment for automated meter roading
for all water services on the Property. For the purposes of this paragraph,
the provisions of Marana Code §14-3-6 and any successor or amendatory
provisions are incorporated as though set fortl? in. full hem.. and De.v..elo..p .er
is the Customer. Provided that Developer ms Jn compmmance w~[n ires
subparagraph, Marana agrees .to wa'.w.e any water .connection or meter
installation fees for new connections within the Property.
2.17
No permanent structuros (i.e., masonry walls, fences, etc.) shall be
constructed on or through a water easement without the expross written
consent of Marana. For the purposes of thi~ paragraph, the provisions of
Marana Code §14-3-7 and any successor or amendatory pm. visions .a. ro
incorporated heroin as though set forth in full here and Devemoper ms [ne
Customer.
2.18
All materials installed, Water Facilities constructed and equipment
arOVided by Developer in connection with ?re Work .and.th? completed
c ifie.s, as installed shall, become the some propany oT Mam..na u.p..o.n
Marana s written acceptance of the same, and full legal and equitable title
thereto shall then be vested in Marana, free and clear of any liens, without
San Lucas Water Service Agreemenl05/10/2004
7
the requirement of any written document of transfer to Marana or further
acceptance by Marana. Developer shall execute or cause to be executed
promptly such documents as Marana may request to, evidence such
conveyance of good and m emhantable title to said Wa[er ~- acilities Tree
and clear of all liens.
2.19 Upon request by or direction from Marana, Developer shall, at Developer's
sole cost and expense, make an~. and all alterations to any existing water
distribution system, either on-site or off-site, necessitated by paving,
drainage, or other improvements caused by the development of the
Property.
2.20 Developer shall pay for all ....c~.sts of operating, repairing, replacing and
maintaining the Water Facilities that exceed the revenues generated
throu.clh M arana's provision o f water service t o the Property, until a rate
analysis methodology ha.s been adopted,_ m....u~u, ally accepted~, .and
performed by Marana showing that the Water ~-acllifies .and W,a~.er ~ .ys.[em
are financially self-sustaining. Marana shall perform sucn analysis no[ less
than annuall~ and inform Developer regarding the results thereof.
2.21
Ma~a shall collect connection .c. harges and installation charges for each
potable and non-potable connection made on the Property in accordance
with Marana Town Code, Paragraph 14-7-2, as amended from time to
time. In consideration of Developer's construction of the Water Facilities
and Water S)~stem necessary for Marana to p..rovide water service to the
aha
Property, if developer is not the home broider, Marana will reimburse
Developer a portion of the connection charges actually collected by
Marana for each initial potable connection made within the Properbj as
follows:
(a)
(b)
(c)
Five Hundred Dollars ($500~) for each 5/8" x 3/4" meter and larger
size meters up to and including two-inch (2") meters;
The connection charge actu,a, lly collected by Marana for each met.er
larger than two in..ches (2), less costs incurred by. M.a. rana.
making the connection (such as meter cost, labor, ma[enals, etc.),
but not included within a separate installation charge actually
collected by Marana for the installation of the connection.
In no event shall this reimbu, mement obligation (i) app!y ,to .a.n,y
installation and connection .fe~. collect_ed during any penoo wn!cn
Developer is. in breach of this Agreement, (ii)..e_x__c,e_e~!_..a ..c~..,mulafive,
amount of Fwe Hundred Thousand Dollars [~t)uu,uuu) [iii) exceeo
the amount actually paid to Marana as conney-'t, ion charges, less
any cost actually expended by Maran. a for materials and labor (e.g.,
the cost of the meter, labor, materials, etc.) above installation
charges collected by Marena as a condition to Marana making
potable water service available for the first time to the property line
of each parcel for which the c~.nnecfion charge_ was .paid or (iv)
apply to any non-potable meters installed on the ~ropeny.
San Lucas Water Service Agreement05/10/2(X)4
(d)
Marana shall make reimbursement payments due to Developer
pursuant to this Subparagraph 3.4 on or before January 31 and
July 31 of each year for the period ending December 31 and June
30 respectively. The obligation to makl~ reimbursements will
automatically terminate on the tenth (10"') anniversary of this
Agreement, subject to the continuing obliDation to pay to. Developer
any reimbursements accrued, but unpaid, as of the [enth (10)
anniversary.
SECURITY REQUIREMENT
3.1
In accordance with Arizona Revised Statutes and the Marana Municipal
Code, this Agreement is contingent upon Developer fumishi .ng. Mar. ana.
with such security as may be appropriate ano necessary, as aeterm,nso
by the Marana Utility Director, ~ assure Mara.n.a. that Developer will
perform the work and all other obl~jalions now e~3sfing or accruing under
this Agreement.
WATER SERVICE; WATER RIGHT
4.1 Fdi~'~e purposes of this paragraph, the provisions .of Marana Cede §14-5
and any successor or amendatory provisions are ,ncorporated herein as
though set forth in full here and Developer is the Customer. Marana shall
be under no obligation to provide water utility serwca to Developer or the
Prope .r~/until each and every condition of this Agreement has been met
and satisfied. Marena agrees that upon receipt of all applicable approvals
and satisfaction of all of Developar's obligations under this Agreement that
it will then provide water utility service as requested to and within the
Prope.r.ty in accordance with its rules, regulations and ordinances
govermng such water service, as such rules, regulations and o.rdinances
may, from time to time, be amended. Commencement of serv~.e to the
Property by Marena shall not waive any obligation of Developer under this
Agreement nor preclude Marana from withholding., or t..ermin.afing...wa.t, er
service to Developer, the Property or any pomon mereor un[,~ me
Developer is in full compliance, with this Agreement.
4.2 Developer shall assign to Marana, as a condition of Marana providing
water utility service, every portion of its I.rriga~. n and TYl~e..1 N.o,nim.'gation
Grandfathered Groundwater Rights, as mose terms are am,nea o.y law, as
may be appurtenant to lands cony. eyed and dedicated to Marana in
connection with the devel0~nent of the P_roparty. Developer shall to
execute and deliver all forms necessary to affect the transfer of these
water rights to Marana concurrently with such dedication, pursuant to the
projects phasing.
4.3 Marana will provide the State ofArizona I~esignafion of Assumd Water
Supply status for the Property upon acceptance of the Property into
Marana's service area by the Central Arizona Groundwater
Replenishment District (CAGRD). Developer shall execute any
agreements and file such covenants and restrictions, as Marana may
deem appropriate to include the Property in Marsna's CAGRD service
9
San Lucas Water Se;vice Agreement05/10/2004
Sm
area. Without limiting in any manner Marana's right to specify the terms
and conditions governing future water service to ~e property, but, as a
condition precedent to the property's right to mcerve water service, fm.m
Marana, the owner(s) of the Property shall pay all grounowa[er
replenishment fees and costs incurred in providing water service to the
Property. Marana, in its sole discretion, may d.et?.rmme the method of
recovering such replenishment fees and costs, including, without limitation,
through the prop.erty tax b. ill, the water bills, and/or the impact fees of
those customem Iwing with,n the Property.
TERMINATION OF AGREEMENT
5.1
5.2
If Developer does not complete all of the work within two (2) yearn, f.m..m
the start of each phase, as agreed on in Exhibit 'C' he.reo~,
A.clreement shall be null and void, canceled and of no further Torce ano
erect: except to the extent Marana in its sole discretion either (!) e~en.ds
this fi.me period in writing or (ii) accepts a. ll. or a p?rti.on .of....me water
Facilities, in which case this Agreement snail remain ,n tu, mrce an(3
'effect for the extension period or as to the Water Facilities accepted by
th .'y~wn; provided, however, no reimbursements will be paid pursuant to
Sal~l~ragraph 3.4 hereof.
This agreement is subject to A.R.S. § 38-511, which provides for
cancellation of agreements in certain instances involving conflicts of
interest. Cancellation under this Paragraph by Marana shall be effective
when written notice from Marana is received by Developer unless the
notice specifies a later time. In addition to the right to cancel as provided
herein, Marana may recoup any fee or commission paid .or du.e .to any
person significantly involved in initiating, negoti.aflng,_secu, nng, ma.?.mg or
creating this Agreement on behalf of Marana nora ueve~oper ans[ng as
the result of this Agreement.
INDEMNIFICATION
6.1
With respect to the Water Facilities and Water System constructed
pursuant to this Agreement, for a .period of one (1) year following
Marana's acceptance of the facilities to be dadicated to Marana
hereunder, Developer shall indemnify, appear, defend and hold harmless
Marana and ils employees from and against any an.d all c!.aims, o.r ca..uses
of action which may be asserted against Mam, n.a m.r.n.ag~,gen.[ aes,gn, or,
con.struction of the Water Facilities, and from_ c,a~ms m..at ma.y. De .esse~.ea
aga,nst Marana for inadequate fire protection capacmj ans,ng ;rem ;ne
negligence of Developer or its employees or agents.
San Lucas Water Sewice Agreement05/10/2004
10
NOTICE
7.1 Communications hereunder shall be sent to the parties at thefollowing
addresses or to such other addresses as the parties may advise in writing:
To Marana:
With copy to:
and copy to:
To Applicant:
C. Brad DeSpain
Utilities Director
5100 N. Ina Rd.
Tucson, AZ 85743-9746
Mr. Frank Cassidy, Esq.
~Town Attorney
13251 N Lon Adams Rd
~ Marana, AZ. 85653
Martinez & Curtis, P.C.
Attn: William P. Sullivan
2712 N. 7th Street
Phoenix, Arizona 85006-1090
With a copy to:
Se
SEVERABIMTY
8.1 If any portion of this Agreement is determined to be invalid, such
invalidity shall not render void any remaining portions of this Agreement,
which can be given effect, and they shall remain in force and effect.
10.
ASSIGNMENT _
9.1 This Agreement shall be binding upon and beneffi the
administrators, executors, successors and assigns of the parties.
heirs,
MISCELLANEOUS
10.1
This instrument (i)implementSanPdaraBgra(~h 12.~ of the Development
Agreement between Marena Group, LLC dated
, (the "Development Agree.me.n.t"), (iD c~.ntain, s the.
sole a nd only agreement of the parties relating [o me subject matter oT
11
San Lucas Water Service Agreement0~10/2004
10.2
10,3
10.4
10.5
10.6
10.7
10.8
10.9
this Agreement, and (iii) correctly sets forth the rights, duties and
obligations of each to the other as of its date. Any prior agreements,
promises, negotiations or representations relating to the subject matter of
this Agreement not expressly set forth in this Agreement are of no force
and effect.
This instrument contains the entire agreement between the parties, and it
shall not be amended, altered or changed, except by written agreement
signed by the parties.
All executed agreements shall remain on file in Marana offices and shall
be made available for public review upon request.
This Agreement is entered into under and shall be governed by the laws
of the State of Adzona.
This Agreement has been arrived at by negotiation and shall not be
construed against any party to it or against the party who prepared the last
'draft.
Ca~ns and headings are for index purposes only and shall not be used
on construing this Agreement.
THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING UPON
APPROVAL BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA. The remedies provided in this Agreement in favor of Marana
shall not be deemed its exclusive remedies but shall be in addition to all
other remedies available to the Parties at law or in equity.
[No waiver by Marana of any breach by Developer of any provision of this
Agreement n or a ny f allure b y M arana t o insist on strict performance by
Developer of any provision of this Agreement shall in any way be
construed to be a waiver of any future or subsequent breach by Developer
or bar the right of Marana to insist on strict performance by Developer of
the provisions of this Agreement in the future.]
Developer is an independent contractor and not an agent or employee of
Marana.
This Agreement, and all rights and ob, ligaflons under this agreement, shall
be subject to all provisions of the Municipal _Code of the Town of Marana
and all applicable rates, fees, charges and tariffs of the Marana Water
Utility as approved by the Mayor and Council of the Town of Marana now
or as they may b? changed and approved by the Mayor and Council of the
Town of Marana in the future.
San Lucas Water Sen, ice Agreement~5/10/2004
12
IN WITNESS W HEREOF, t he p aries h ave hereunto s et t heir h ands t he d ay and
year first above written.
TOWN OF MARANA
By:
Bobby Sutton Jr.
Its: Mayor
APPROVED AS TO FORM
By:
- Town Att0mey
DEVELOPER
ATTEST:
By:
Town Clerk
By:
Its:
ACKNOWLEDGMENT
STATE OF ARIZONA )
) SS.
COUNTY OF )
of
This instrument was acknowledged before me this day of
,2004, by as
as Developer.
day of
My Commission Expires:
Notary Public
San Lucas Water Sewice Agreement05/lO/2004
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please attach the location map of the development behind this cover sheet.]
San Lucas Water Sef~ce ,a~gree~05/tO/2004
14
EXHIBIT "'B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
- Reference is hereby made to those certain 24" X 36" engineering dm.wings, of. th.e Water
Facilities Plans. Copies of such engineering drawing[ may .De re.vJe.weo.a.t. Maranas
offices. Such engineering drawings may be more specirJcally oescriDeo as m,ows:
[Please provide a detailed description of the Plans and Specifications including the date
and the code number of the Plans and the name of the Engineering firm, which
prepared the same.]
15
San Lucas Water Sen'ice Agreeme~O~lO/2004
EXHIBIT "C"
PHASING ON-SITE WATER DISTRIBUTION SYSTEM
Phase I
Phase 1 shall consist of Blocks 1, 2, 3, 8, 9, and 10.
The quantity of residential lots in phase 1 is estimated to be 456 units.
Well #1 Booster Plant and fire ramp storage, as described heroin, shall
adequately supply phase 1.
Potable and non-.po, table water distribution systems shall be in place within the
spine roads according to pla, n,s, a.cce, pted by M,a.ra,na.
Interconnection per Exhibit G snail be comple[eo.
Phase 2
Phase 2 sha)l consist of blocks. 4, 5, 6, and 7.
The qua~of residential lots ,n phase 2 is estimated to be 248 units.
Well #2 shall be required prior to occupancy of the flint unit in phase 2, unless
Marana has possession m' a wall which satisfies all Marana mC!.luimments.
Potable and non-potable water distribution systems shall be in place within the
spine roads according to plans accepted by Marana Fire Protection.
.Phase 3
2.
3.
4.
Phase 3 shall consist of Blocks 11 and 12.
The quantity of residential Io~ in phase 3 is estimated to be 135 units.
No additional well or storage improvements required.
Potable and non-potable water distribution systems s._h. all be in place within the
spine roads according to plans accepted by Marana rim Protection.
San Lucas Water Service Agreemenl05/tO/2004
16
EXHIBIT "D"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER
[Please .attach a line-by-line itemized breakdown of
The Estimated Cost of the Water Utility Facilities
to be installed in accordance with this Agreement
behind this cover sheet]
17
San Lucas Water Service AgmementO~dlO/2004
EXHIBIT "E"
ACTUAL COST OF WATER FACILITIES
[To be Attached Forthwith Upon Issuance of Same.]
San Lucas Water Service Agreement05/10/2004
18