HomeMy WebLinkAboutResolution 2023-081 Approving and Authorizing the Mayor to Sign the Agreement for Construction of Water Facilities Under Private Contract 20232160222
RES
08/04/2023 10:46:15 AM Page: 1 of 12
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
VIII IIIM4Xh1111:410110R11111111
MARANA RESOLUTION NO. 2023-081
RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER
PRIVATE CONTRACT, A TEMPORARY WATER WHEELING AGREEMENT, FOR
TWIN PEAKS CROSSINGS
WHEREAS Redwing Investments, LLC, an Arizona limited liability company,
desires for the Town to provide water services to certain lands currently known as
Twin Peaks Crossings, described and depicted in: the Warranty Deed recorded in the
office of the Recorder of Pima County, Arizona, on May 28, 2019, at Sequence
20191480308, the Warranty Deed recorded in the office of the Recorder of Pima
County, Arizona, on May 28, 2019, at Sequence 20191480309, the Warranty Deed
recorded in the office of the Recorder of Pima County, Arizona, on May 28, 2019, at
Sequence 20191480310, the Warranty Deed recorded in the office of the Recorder of
Pima County, Arizona, on May 15, 2019, at Sequence 20191350880, and the Warranty
Deed recorded in the office of the Recorder of Pima County, Arizona, on March 20,
2020, at Sequence 20200800361; and
WHEREAS Town staff has negotiated an Agreement for Construction of Water
Facilities Under Private Contract for Twin Peaks Crossings, which agreement
incorporates the terms and conditions of the Intergovernmental Agreement Between
the City of Tucson and the Town of Marana relating to the Delivery of Central
Arizona Project Water recorded in the office of the Recorder of Pima County,
Arizona, on August 21, 2020, at Sequence No. 20202340063 (commonly referred to as
the "Water Wheeling IGA"); and
WHEREAS the Mayor and Council of the Town of Marana find that the terms
and conditions of the agreement are in the best interests of the Town of Marana and
its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, that the Town of Marana Agreement for
Construction of Water Facilities Under Private Contract for Twin Peaks Crossings,
substantially in the same form attached to and incorporated by this reference in this
resolution as Exhibit A,is hereby approved,the Mayor is hereby authorized and directed
to sign 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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Resolution No.2023-081
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of August, 2023.
Mayor Ed Honea
ATTEST: -� APPRO AS TO FORM:
c7
David L. Udall, Town Clerk janoliralI, Town Attorney
MARANA AZ
ESTABLISHED 1977
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Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
F. The Developer requested that the Town and the City use the Water Wheeling IGA to
deliver water to the Subject Property, and the Town and the City agreed that the Subject Property
is a candidate for wheeling per the Water Wheeling IGA.
G. In order to receive water through the Water Wheeling IGA, the Developer must enter
into an agreement for construction of water facilities under private contract with the Town and a
separate facilities construction agreement with the City.
H. As a condition of securing water service from the Town for the Subject Property, the
Developer agrees to install those certain water infrastructure improvements (the "Developer-
Installed Facility") in accordance with the required plans, specifications, and materials as out-
lined and depicted in the Twin Peaks Crossings Master Water Distribution Plan, sealed by the Or-
acle Engineering Group, Inc. on 8/31/2022 and accepted by the Town of Marana
Water Department on 6/6/2023 (the "Facility Plan"), which is on
file in the office of the Town of Marana Water Department.
I. The water infrastructure improvements depicted in the Facility Plan are referred to in
this Agreement as the "Developer-Installed Facility." The Developer desires that the Town take
ownership of,operate, and service the Developer-Installed Facility.
J. The Town is willing to accept the Developer-Installed Facility, provided it meets Town
standards and the work is done in accordance with Town requirements.
K. As described in the Facility Plan,the Developer must also construct certain offsite wa-
ter infrastructure (the"Offsite Work") in coordination with the City of Tucson in order for water
to be delivered to the Subject Property.
L. In accordance with the 2022 Water Facilities Infrastructure Improvement Plan ap-
proved by the Marana Town Council on September 20, 2022, a copy of which is on file in the
office of the Town of Marana Water Department, the Town plans for the construction of certain
water infrastructure by 2027, including a proposed C-Zone booster station, a proposed B-Zone
booster station, and a proposed B-Zone transmission line extending from the Blue Bonnet Reser-
voir northward along Twin Peaks Road to a proposed B-Zone reservoir to be constructed near
Tangerine Road. Together, the B-Zone booster station, the B-Zone transmission line, the B-Zone
reservoir, and the C-Zone booster station are hereinafter referred to as the "Necessary Water In-
frastructure Improvements."
M. The Developer also owns certain land described in the Warranty Deed recorded in the
office of the Recorder of Pima County,Arizona, on October 24,2022, at Sequence 20222970128
(the "Redwing Investments Property"). The Town desires to obtain an approximately 150-foot
by 150-foot portion of the Redwing Investments Property, generally located at the southwest
corner of the Redwing Investments, for a new reservoir and booster station (the "Reservoir
Site").
N. The Parties desire to memorialize their agreement concerning the construction of the
water facilities and the water wheeling through this Agreement.
AGREEMENT
Now,THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement,the Parties hereby agree as follows:
00079402.DOCX/11 -2- 07/11/2023 DU/JF
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081
Exhibit A to Marana Resolution No. 2023-081