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HomeMy WebLinkAboutResolution 2004-021 construction of water facilities for studebaker drive/sunset ranch estates extension projectMARANA RESOLUTION NO. 2004~21 A RES OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISIONS OF WATER UTILITY SERVICE KNOWN AS THE STUDEBAKER DRIVE/SUNSET RANCH ESTATES EXTENSION PROJECT OF THE CONTINENTAL RESERVE WATER SYSTEM AGREEMENT. WHEREAS, four (4) parties to this Agreement agree to construct a main water line extension fi.om Sunset Ranch Estates, the Continental Reserve Water System, to their property at no cost to the Town, and ownership will be transferred to the Town upon completion; and WHEREAS, Marana is willing to provide water service to the properties in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, the parties to this Agreement shall be reimbursed the actual cost of construction of the extension fi.om fees generated from new connections to the constructed line at the rate of one hundred percent (100%) of fees collected in a calendar year; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the town. Marana, Arizona Resolution No. 2004-21 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and incorporated herein by this reference for the construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of March 2004. ATTEST: APPROVED AS TO FORM: F Cas' - Mayor~TON, JR. Marana, Arizona Resolution No. 2004-21 Page 2 of 3 Exhibit "1" Marana, Arizona Resolution No. 2004-21 Page 3 of 3 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE Known as the Studebaker Drive/Sunset Ranch Estates Extension Project of the Continental Reserve Water System Agreement THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as of the day of 2004, by and between the TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, (hereinafter referred to as "Marana") and those entities and individuals whose names are affixed to Schedule 1 hereof because they are multiple parties (hereinafter referred to as the "Developer/Applicant"), is for the construction of Water Facilities necessary to provide water utility service to their Properties, which is more specifically described on Exhibit "A" attached hereto and made a part hereof, (hereinafter the "Property"), on the following terms and conditions: RECITALS WHEREAS, the Developer/Applicant is desirous of securing water to the area more particularly described in Exhibit "A" attached hereto and made a part hereof, and will construct by private contractor certain water facilities and upon completion will transfer the ownership thereof to Marana for such purposes: and WHEREAS, Marana is willing to supply water to Developer/Applicant in accordance with the Municipal Code of the Town of Marana, and in accordance with the terms of this Agreement. COVENANTS NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements set forth below, the parties agree as follows: 1, DEFINITIONS 1.1 Developer/Applicant: Those individuals and entities whose names and signatures are affixed to Schedule 1, and their successors and assigns, all of whom shall be jointly and severally liable and responsible for the Developer/Applicant's obligations under this Agreement. 1.2 Property: That certain property as shown on Exhibit "A" attached hereto and made a part hereof. 1.3 Water Facilities: Public water facilities which are to be constructed under this Agreement which are located within public rights-of-way or dedicated easements, and which upon completion by Developer/Applicant and inspection and acceptance by Marana, are deeded to Marana for operation and maintenance, including water mains, v§lves, meters, pipelines, booster pumps, welts, reservoirs and all other water facilities necessary for service to the Property and appurtenant to the municipal water supply system of the Town of Marana. 1.4 Water System: Water facilities, including water mains, valves, pipelines, meters, booster pumps, wells, reservoirs and all other water facilities necessary for service to the Property and appurtenant to the municipal water supply system of the Town of Marana. 2. CONSTRUCTION OF WATER FACILITIES 2.1 Plans and Specification. Developer/Applicant shall design and construct, at Developer/Applicant's own expense, the Water Facilities in accordance with approved Plans and Specifications. A copy of said approved Plans and Specifications for the Water Facilities and Easements and Rights of Way are attached as Exhibit "B" for the Plans and Specifications and Exhibit "B-I" for the Easements and Rights of Way. The approved Plans and Specifications shall conform to the design standards of (i) the City of Tucson Water Department, or (ii) the Town of Marana Water Department, and be capable of serving the water needs of all commercial and non-commercial development, and be sized to serve the maximum authorized development of the Property and shall designate the point of interconnection referred to in §2.6. A copy of said approved Plans and Specifications for the Water Facilities is attached as Exhibit "B". For the purposes of this paragraph, the provisions of the Marana Code §14.4 and 14.5 prior to September 1998 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.2 Plans and Specifications, Approval. The Plans and Specifications for the Water Facilities designed by a registered Engineer and stamped shall be reviewed and approved in writing by Marana and the Arizona Department of Environmental Quality or the Pima County Department of Environmental Quality prior to issuance of any water facilities construction permits by Marana. No work shall commence until a Water Facilities construction permit has been issued. 2.3 Contractor. The Water Facilities shall be constructed by a contractor properly licensed by the state of Arizona and in accordance with Plans and Specifications prepared by a qualified registered professional engineer. 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 installation. -2- 2.4 Permits and Licenses. Developer/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. 2.5 Materials, Workmanship, Equipment and Machinery. All materials shall be new and both the workmanship and materials shall be of good quality and shall meet the combined specifications and standards of (a) the American Water Works Association Standards, (b) the Arizona Department of Environmental Quality (ADEQ), (c) the~Pima County Department of Environmental Quality (PCDEQ), (d) all local regulatory agencie~ and (e) the plans and specifications incorporated herein by reference in Exhibit "B". Developer/Applicant shall repair, or remove and replace, at Developer/Applicant's own expense and at Marana's convenience, workmanship or materials which do not meet the described criteria or which prove to be defective at any time within one year from the date of the final acceptance of Applicant's work by Marana. 2.6 Connecting New Facilities. Upon completion of the Water Facilities, the Developer/Applicant shall dedicate the Water Facilities and Water System to Marana, without cost to Marana, and Marana shall thereafter operate the Water Facilities as an integral part of its municipal water utility. The Water Facilities constructed pursuant to this Agreement shall be connected to Marana's existing water facilities or by Emergency Agreement with other water provider at the point or points directed by Marana for Service Area requirements. After commencing water service to the Property, for the purposes of this paragraph, the provisions of the Marana Code §14-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 2.7 Inspection, Testing and Correction of Defects. Developer/Applicant shall comply with the inspection and testing requirements of ADEQ and PCDEQ and Marana for the facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements shall be reasonable and shall not cause the Developer/Applicant unwarranted delays in the ordinary course of construction. Developer/Applicant shall promptly notify Marana when the Water Facilities under construction are ready for inspection and testing, and Marana shall inspect the same promptly after being so notified. For the purpose of inspection and testing of everything covered by this Agreement, or performance of the Work thereon (the "Work"), Developer/Applicant shall give Marana and any inspectors appointed by it, free access to the construction site and facilitate the proper inspection of such materials, including procurement data, and the Work and shall furnish them with full information whenever requested as to the progress of the Work in its various stages. The approval of the Work by any such inspector shall not relieve Developer/Applicant from its obligation to comply in all respects with the instructions and specifications to make the Work a finished job of its kind, completed in accordance with the best practices. Developer/Applicant agrees that no inspection by or on behalf of Marana shall relieve Developer/Applicant from its obligation to do and complete the Work in accordance with this Agreement. If at any time before the final completion and acceptance of the Work, any part of the Work is found to be defective in any way, or in any way fails to conform to this Agreement, Marana is hereby expressly authorized to reject or revoke acceptance of such defective or deficient Work and require Developer/Applicant to repair, replace or make good on such -3- defective Work. Marana specifically reserves the right to withhold approval and to forbid connection of the Water Facilities constructed pursuant to this Agreement to Marana's water utility system unless such Water Facilities have been constructed in accordance with the plans and specifications approved by Marana and are satisfactory to Marana upon inspection and testing. Developer/Applicant agrees that it will promptly correct all defects and deficiencies in construction, materials and workmanship upon request by Marana made subsequent to inspections by Marana. · 2.8 Change Orders. In the-event that any applicable governmental agency, Marana or the Developer/Applicant makes (or is desirous of making) any material changes to the design of the Water Facilities which are to be constructed in accordance with the Water Plans referred to in Exhibit "B" to this Agreement, the Developer/Applicant shall (a) obtain Marana's prior written consent to such material changes or modifications, (b) pay to Marana a reasonable fee for its time in reviewing such material changes or modifications and (c) pay the additional cost of construction associated with the same, if any. 2.9 Invoices. Developer/Applicant agrees to furnish Marana, within thirty (30) days after completion of construction, copies of all Developer/Applicant, subcontractor, vendor and all other invoices for all engineering and other services, materials purchased, materials installed, construction performed, equipment provided, materials purchased and all else done directly in connection with construction pursuant to this Agreement at the actual cost thereof. 2.10 Liens. Developer/Applicant acknowledges its duty to obtain to the satisfaction of Marana lien waivers and releases from all third parties providing labor, materials or services hereunder. Developer/Applicant hereby irrevocably waives any rights it may now have or which it may acquire during the course of this Agreement to record liens against Marana or its property. Developer/Applicant shall also pay, satisfy and discharge all mechanics', material men's and other liens, and all claims, obligations and liabilities which may be asserted against Marana or its property by reason of, or as a result of, any acts or omissions of Developer/Applicant, its employees, agents, servants, suppliers, or subcontractors, or the employees, agents, servants or suppliers of its subcontractors, in connection with or relating to the performance of this Agreement. 2.11 "As-Built" Plans. Developer/Applicant agrees to furnish Marana, within thirty (30) days after completion of construction, "as-built" drawings in both handwritten and electronic format certified as to correctness by an engineer registered in the State of Arizona showing the locations of all water mains, hydrants, valves, and service connections to all structures served from facilities constructed pursuant to this Agreement. Marana shall have the right to withhold water service to Developer/Applicant pursuant to this Agreement until this condition is satisfied. 2.12 Risk. Developer/Applicant shall carry on all activities associated with or comprising the Work required hereunder at its own risk until the Water Facilities are fully completed and accepted by Marana and will, in case of accident, destruction or injury to the work or material before such final completion and of the Water Facilities, replace or repair forthwith the Work or materials so injured, damaged or destroyed, to the satisfaction of Marana and at Developer/Applicant's own expense. -4- 2.13 Liability. Developer/Applicant 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 active or passive negligence of Applicant, its agents, servants or employees in the execution of and performance of the activities and Work contemplated herein or in connection therewith. Accordingly, Developer/Applicant will indemnify, appear and defend and hold Marana, and its elected officials, employees, agents and consultants ("Marana") harmless from and against claims, (except and to the exten~that the same is caused or contributed to by a third party) or expenses, including penaltied and assessments, to which they or any of them may be subject to by reason of such injury, death, loss, claim, penalty, assessment or damage, and in case any suit or other proceeding which shall be brought on account thereof, Developer/Applicant will assume the defense of Marana at Developer/Applicant's expense and will pay all judgments rendered therein. 2.14 Insurance. Developer/Applicant agrees to procure and cause Marana to be an "additional insured" upon and maintain all of the insurance policies described below, including insurance covering the obligations assumed by Developer/Applicant under subparagraphs (a), (b) and (c) hereof. Such coverages shall be in amounts adequate to cover the risk commensurate with the work to be performed under this Agreement. Certificates evidencing said insurance and status of Marana shall be provided to Marana. (a) Workers' Compensation Insurance. 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; (b) Liability Insurance. Comprehensive general liability insurance, including operations and protective liability coverages. When the work to be performed requires blasting, Developer/Applicant's insurance shall specifically cover that risk; and (c) Automobile Insurance. Comprehensive automobile liability insurance covering all owned and non-owned automobiles and trucks used by or on behalf of Developer/Applicant, in connection with the work. 2.15 Easements. For the purposes of this paragraph, the provisions of the Marana Code §14-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Developer/Applicant 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 Developer/Applicant's development with the condition of service hookups Exhibit E. If Developer/Applicant's development involves road construction, all roads and drainage ways will be brought to grade by Developer/Applicant prior to the commencement of the installation of the Water Facilities. No pavement or curbs shall be installed prior to completion of the Water Facilities. 2.16 Service Lines, Valves, Meters and Meter Service. Developer/Applicant shall install, to Marana specifications, automated meters, sensors, and the other necessary -5- equipment for automated meter reading for all water services on the Property. For the purposes of this paragraph, the provisions of the Marana Code §14-3-6 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein of the Marana Code §14-5-1B. Provided that Developer/Applicant is in compliance with this subparagraph, Marana agrees to waive any meter installation fees if installed by Developer/Applicant Contractor. -~ 2.17 No Permanent Structures on Easements. No permanent structures {i.e., masonry walls, fences, etc.) shall be constructed on or through a water easement without the expressed written consent of Marana. For the purposes of this paragraph, the provisions of the Marana Code §14-3-7 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein, except for water service reserved hookups as stipulated in Exhibit E. 2.18 Title. All materials installed, Water Facilities constructed and equipment provided by Developer/Applicant in connection with construction of the Water Facilities under this Agreement and the completed facilities as installed shall, upon Marana's written acceptance of the same, become the sole property of Marana, and full legal and equitable title thereto shall be then vested in Marana, free and clear of any liens, without the requirement of any written document of transfer to Marana or further acceptance by Marana. Developer/Applicant agrees to execute or cause to be executed promptly such documents as legal counsel for Marana may request to evidence such conveyance of good and merchantable title to said Water Facilities free and clear of all liens. 3. COSTS OF CONSTRUCTION OF WATER FACILITIES 3.1 Developer/Applicant shall, at Developer/Applicant's sole cost expense, install all the Water Facilities shown on the approved plans and specifications, and shall hold Marana free and harmless from any claim for the construction costs or any defects in such Water Facilities. For the purposes of this paragraph, the provisions of the Marana Code § 14-4 and 14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. 3.2 Upon request by Marana and direction Developer/Applicant shall, at Developer/Applicant's sole cost expense, make any 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 construction of the Developer/Applicant's development. 3.3 The Water Facilities shall be transferred to the ownership of Marana upon their completion. The Developer/Applicants shall be reimbursed the actual costs of construction of the Water Facilities not to exceed 947,000.00. Reimbursement to the Developer/Applicants shall be derived from fees generated from new connections to the -6- constructed line infill and shall be reimbursed at the rate of one hundred percent (100%) of such fees collected in a calendar year. The reimbursement period shall be the lesser of (a) ten years or (b) upon full payment of the not to exceed amount identified above. Reimbursement shall be made to the Developer/Applicant's representative or designee. 4. SECURITY REQUIREMENT 4.1 In accordance with Arizona Revised Statutes and the Marana Mur~icipal Code, this Agreement is contingent up6n Developer/Applicant furnishing Marana with'such security as may be appropriate and necessary, as determined by the Marana Utility Director, to assure Marana that Developer/Applicant will perform all the Water Facilities and Water System construction described above, and all other obligations now existing or accruing under this Agreement. 5. WATER SERVICE; WATER RIGHT 5.1 For the purposes of this paragraph, the provisions of the Marana Code 14-5 and any successor or amendatory provisions are incorporated herein as though set forth in full and the Developer/Applicant, except to the extent to do so would be inconsistent with the provisions thereof, is deemed for the purposes hereof to be the Applicant/Customer/Developer described therein. Marana shall be under no obligation to provide water utility service to Developer/Applicant or the Property until each and every condition of this Agreement has been met and satisfied. Marana agrees that upon satisfaction of each and every condition provided in this Agreement, that it will then provide water utility service to the Developer/Applicant's Property. 5.2 [This paragraph intentionally eliminated.] 5.3 Marana will provide the State of Arizona Designation of Assured 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/Applicant understands and agrees as a condition precedent to receiving service from the Water System and Water Facilities to the Property that a groundwater replenishment fee will be added to the water bills for Marana's customers, including those living within the Property, to fund the replenishment of groundwater. 6. TERMINATION OF AGREEMENT 6.1 In the event Developer/Applicant does not complete all of the Water Facilities and Water System construction described in Article 2, within three (3) years from the date of this Agreement, this Agreement shall be null and void, canceled and of no further force and effect. 6.2 Pursuant to A.R.S. § 38-511, Marana may cancel this contract within three years after its execution, without penalty or further obligation if any person significantly involved in initiating, securing, drafting or creating this Agreement on behalf of Marana is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of Developer/Applicant in any capacity or consultant with respect to -7- the subject matter of this Agreement. Cancellation under this section by Marana shall be effective when written notice from Marana is received by Developer/Applicant unless the notice specified a later time. In addition to the right to cancel as provided herein, Marana may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Marana from Developer/Applicant arising as the result of this Agreement. 7. INDEMNIFICATION 7.1 With respect to the Water Facilities and Water System constructed pursuant to this Agreement, for a period of one year following Marana's acceptance of the facilities to be dedicated to Marana hereunder, Developer/Applicant agrees to indemnify, appear, defend and hold harmless Marana and its employees (as previously defined) from any and all claims or causes of action which may be asserted against Marana for negligent design or construction of the Water Facilities, and from claims that may be asserted against Marana for inadequate fire protection capacity arising from the negligence of Developer/Applicant or its employees or agents. 8. NOTICE 8.1 Communications hereunder shall be sent to the parties at the following addresses or to such other addresses as the parties may advise in writing: To Maran8: Town Manager Town of Marana 13251 N. Lon Adams Road Marana, Arizona 85653-9723 With copy to: Martinez & Curtis, P.C. Attention: William P. Sullivan 2712 N. 7th Street Phoenix, Arizona 85006-1090 To Applicant: Schedule 1 Names and Addresses Attn: with a copy to: 9. SEVERABILITY 9.1 In the event any portion of this agreement shall be 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 10.1 This Agreement shall be binding upon and for the benefit of the heirs, administrators, executors, successors and assigns of Marana and Developer/Applicant. -$- 1 1. MISCELLANEOUS 11.1 This instrument contains the sole and only agreement of the parties relating to this Agreement and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations 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, alter(id or changed, except by written agreement signed by the parties. 11.2 All executed agreements shall remain on file in Marana offices and shall be made available for public review upon request. 1 1.3 This Agreement is entered into under and shall be governed by the laws' of the State of Arizona. 11.4 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. 11.5 Captions and headings are for index purposes only and shall not be used on construing this Agreement. 11.6 BEFORE THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING UPON EITHER MARANA OR DEVELOPER, IT MUST BE APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA. In the event that it is not so approved, this Agreement shall be null and void and of no force or effect whatsoever. 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 at law or in equity. No waiver by Marana of any breach by Developer/Applicant of any provision of this Agreement nor any failure by Marana to insist on strict performance by Developer/Applicant of any provision of this Agreement shall in any way be construed to be a waiver of any future or subsequent breach by Developer/Applicant or bar the right of Marana to insist on strict performance by Developer/Applicant of the provisions of this Agreement in the future. Developer/Applicant is an independent contractor and not an agent or employee of Marana. 11.7 This Agreement, and all rights and obligations hereunder, including those regarding water service to the Developer/Applicant, 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 be changed and approved by the Mayor and Council of the Town of Marana in the future. -9- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. TOWN OF MARANA By: f Its: APPROVED AS TO FORM ATTEST: By:. By: Town Attorney Town Clerk DEVELOPER / APPLICANT SEE SCHEDULE I FOR NAMES, ADDRESSES. SlGNATURES AND NOTARIZA TIONS -10- SCHEDULE I EXECUTION EXHIBIT OF APPLICANTS AND SIGNATORIES TO CONTRACT ACKNOWLEDGMENT STATE OF ARIZONA ) SS. COUNTY OF ) This instrument was acknowledged before me this __ day of 1 9 by as of Developer/Applicant. as Notary Public My Commission Expires: -il- EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] Describe the connection onto the Town system with a six-inch (6") pipeline at Yuma Mine Road and the extension South with a six-inch system to a defined point and thence East with a six-inch system for a determined distance with a tee-off North for 658' to a Point, then East 350' to a Point, then North 445' to end of pipeline. -12- 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 drawings of the Water Facilities Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: See Tucson Water's specifications on Exhibit "A" [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.] -13- EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER [Please slip a line-by-line itemized break-down of : the Estimated Cost of the Water Utility Facilities 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. EXHIBIT "D" ACTUAL COST OF WATER FACILITIES [To be Attached Forthwith Upon Issuance of Same.] Please set forth the total expense the Developer/Applicant is to incur for the construction. -15- EXHIBIT 'E" PUBLIC UTILITY EASEMENT WITH CONDITIONS