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HomeMy WebLinkAboutResolution 2004-058 agreement for construction of water facilities for continental reserve blocks 18, 19 and a portion of 17MARANA RESOLUTION NO. 2004-58 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND MONTEREY HOMES FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR CONTINENTAL RESERVE BLOCK 18, 19 AND A PORTION OF 17. WHEREAS, Mbnterey Homes intends to facilitate the development of property to be called Continental Reserve Block 18, 19 and a portion of 17 (the "Property"); and WI-IEREA~Os~lonterey Homes desires to arrange for the provision of water service within the Property in connectib~n with development; and WHEREAS, Marana is willing to provide water service to and within the Property i n accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Monterey Homes agrees to the construction of on-site 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 Marana and Monterey Homes, 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~~ 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 18m day of May, 2004. ~$r. ATTEST: APPROVED AS TO FORM: dy, Town Attorney 040518 Confi~t~l Reserve 18, 19, 17 RSO 2004-58 2 APM 05/12/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEIVIENT, authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 18~ day of May, 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and MONTEREY HOMES, hereinaiter called the At~plicant. WITNESSETH: WHEREAS, the Ap~t desires to install a water facility to provide service to the following described parcel of land (Block 18, 19 and a portion of 17, Continental Reserve) described on Exhibit "A" hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable Fees as authorized by the Marana Municipal Water Code. X .(4) The system herein permitted is located within the Continental Reserve area specific water system plan and is thereby subject to an additional water development fee as authorized herein and by the Marana Municipal Water Code. Payment of the development fee is required prior to water service connection to the systerrr X .(7) The installation charge for each 5/8 inch meter will be $1100. (Eleven hundred dollars). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that thc Town take possession of, operate and service said water facility; and - WHEREAS, the Town is willing to accept said facility and p~mit it to be connected to the Town Water System provided it meets Town standards and the work is dune in accordance with Town requirements; NOW, THEREFORE, in consideration of the maRers and conditions herein set forth, 1T IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. Thc Applicant shall design and install, at applicant's own expense, a water facility in accordance with Plan No. ENG# 0310-009 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG~ 0310-009 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B'. 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service cormeetions are made to the system herein pennltted the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced herein. 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (157 of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water, meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of i,,qJ~ovement/development is taking place on the parcel of land. ff a property owner applies for a meter while the property is fronti}ig the water main and later sells that portion of land which is fronting the water main the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Appli~shall furnish all labor, materials, equipment, supplies and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the applicant has reviewed the plans and specifications, approved the location of service lines and is in full accord therewith. 9. Projects which are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review, and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and qonstmction has not begun. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than $12,500, the Applicant shall einploy a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the ~pproved plans. o hereunder. Any inspector authorized by the Town shall have full inspection authority over the work to be performed The Applicant shall furnish the Town Inspector with reasonable facilities for'obtaining full information concerning 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 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 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than normal 40 hours in a work period, or on a legal holiday as defined in by the Town, the applicant or the contractor shall compel~te the Town for any additional salaries, expenses or ~mploycc benefits relating to such overtime or holiday work. Such add/tional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day bas/s, commencing on Monday and ending on Friday, continuing in seven (7) day increments. Jill. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time work is to conm~ence. 2. This Agreement shall be completed, signed and notsfiz~, and returned to the Town prior to issuance of a construction permit. ~' 3. _ No work shall COmmence until the Town has issued a conslxuction permit that will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling end testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The Applicant shall, at Applicanfs expense, obtain ail necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and reg~flatiens relating to the work, public health and safety and safety of Applicant's em$1oy~s or Applicant's contractors ¢iiq~loyees. IV. CONSTRUCiiON The Town shall be notified of the date upon which work shall be commenced. - 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient lal~orers, 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. The Applicant shall identify and locate all water valves prior to paving en, d set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and ail alterations to the existing water system, on- site or off-site, necessitated by paving, drainage, or other hhp~ovements caused by this development. 6. The Applicant shall require the Contractor or subconlractor to comply with all safety requirement~ of the Occupational Safety and H~rds Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for ail flues or other penalties provided for by law for any violations of the Occupationai Safety HaTards Act. 1. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of applicant and any contractor hired by Applicant, to perform any work hereunder, shall indaimdfy, defend, and save harmless the Town, its Mayor and Council, officers and ~,wloyees, boards, committees and co~,issions 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 act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursudnt to this agreement. VL DEDICATION 1. The Appl~hail, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town, said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances, upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from ail failures due to poor workmanship or materials for a period of two years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that he will remain responst~ble for raising/lowering said services as required until the area descnbod in fully developed. 5. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town, and upon acceptance and approval of said work, the Town shall operate and service said facility. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §3 8-511. THIS AGREEMENT shall be binding upon and inure to [he behest of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this agreement without prior written consent of the Town. 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto dully authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of this day and year first above written. MONTEREY HOMES BY: STATE OF ARIZONA)' )SS. COUNTY OF PIMA ) On this, the day of appeared Please print Name and Title 4742 N. Oracle Road Tucson, AZ 85705 , 2004, before me the undersigned officer, personally , known to me to be the persons who subscribed the foregoing instrument, and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA BY: Bobby Sutton, Jr. Mayor APPROVED AS TO FORM ATfEST: By: by: Frank Cassidy, Town Attorney Jocelyn C. Bronson, Town Clerk EXHIBIT LOCATION MAP OF THE DEVELOPMENT Wl'l'~[ LEGAL DP_~SCRIPTION [Please slip thc location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED u~:REUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plar~ hnd the name oftbe Engineering firm which prepared the same.] 7 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction.