HomeMy WebLinkAboutResolution 2004-105 first amendment to agreement for construction of potable and non-potable water facilities pertaining to the san lucas developmentMARANA RESOLUTION NO. 2004-105
RELAT1NG TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION
OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER
UTILITY SERVICE BETWEEN THE TOWN OF MARANA AND BCIF GROUP, LLC,
PERTAINING TO THE SAN LUCAS DEVELOPMENT.
WHEREAS, the Town and the Developer have entered into an Agreement for Construction
of Potable and Non-Potable Water Facilities and Provision of Water Utility Service on May 18,
2004, for San Lucas (the "Property"); and
WHEREAS, Marana and Developer desire to amend Section 2.1(a)(i) of the Original
Agreement to define the number of potable water wells and exact specifications, and amend Exhibits
"B" and "C" of the Original Agreement; and
WHEREAS, the Developer will convey one potable water well with booster pumps and
reservoir and one additional and separate booster pump station; and
WHEREAS, Marana is willing to provide water service to and within the Property in
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the
Agreement; and
WHEREAS, the Mayor and Council find that the terms and conditions of the Amendment
and Addendum 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 First Amendment to Town of Marana Agreement for Construction of
Potable and Non-Potable Water Facilities and Provision of Water Utility Service between the Town
of Marana and BCIF Group, LLC, 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 BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of July, 2004.
Mayor Bobby Sutton, Jr.
ATTEST:
14~elynff. Bronson, Town Clerk
APPROVF~ AS TO FORM:
RSO 040720 Amend San Lucas WSA RSO 2004-105 2 APM 07/13/2004
FIRST AMENDMENT TO
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF POTABLE AND NON-POTABLE WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
THIS FIRST AMENDMENT (this "Amendment") is entered into by and between the
TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, ("Marana") and BCIF
GROUP, LLC, an Arizona limited liability company, ("the Developer"). Marana and the Developer
are sometimes referred to in this Amendment as the "Parties."
RECITALS
WHEREAS, the Parties entered into an Agreement for Construction of Potable and Non-
Potable Water Facilities (the "Original Agreement") which was executed on and recorded on
, at Docket , Page of the records of the Pima County, Arizona,
Recorder; and
WHEREAS, the Parties desire to amend Section 2.1(a)(i) of the Original Agreement to
define the number of potable water wells and exact specifications; and
WHEREAS, the Parties desire to amend Exhibits "B" and "C" of the Original Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual
covenants, conditions and agreements set forth below, the parties agree as follows:
A. Section 2.1 (a)(i) of the Original Agreement is modified to read as follows:
Developer shall convey to Marana one (1) potable water well with booster pumps
and reservoir per the Onsite Plans and Specifications, and one additional and
separate booster pump station and related facilities per the On-Site Plans and
Specifications, all constructed per Phasing Outline Exhibit "C" attached. The well
shall deliver a production capacity of not less than one thousand (1,000) gallons per
minute, which Developer warrants, equals or exceeds the water production capacity
including fire protection requirements needed to serve the Property when fully
developed. Developer will drill the new well to a depth mutually agreed upon in
writing (currently estimated at seven hundred feet (700'), and sixteen inches (16") in
diameter within the screened interval, as shown in the Construction Diagram
attached as Exhibit "F". In the event the well to be conveyed to Marana is not
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FIRST AMENDM£b~r TO SAN LUCAS WSA - 1 - 7/8/2004 3:05 PM FJC/cds
capable of equaling or exceeding the production capacity specified above, then a
second welt shall be required, designed such that when combined with the first well,
the total production capacity equals or exceeds 1000 gallons per minute. In the event
the well to be conveyed to Marana exceeds the production capacity specified above,
the Developer agrees to equip the well to take advantage of the higher production
capacity. The well(s) will be connected with a twelve-inch (12") fill line to the on
site storage tank.
B. Exhibit "B" of the Original Agreement is hereby amended to refer to the plans dated June 4,
2004.
C. Exhibit "C" of the Original Agreement is hereby replaced with the revised Exhibit C attached
to and incorporated by this reference in this Amendment.
D. Except as modified by this Amendment, all other terms of the Original Agreement shall
remain in full force and effect.
DATED this 20th day of July, 2004.
TOWN OF MARANA, an Arizona
municipal corporation
BCIF GROUP, LLC, an
Arizona limited liability company
By: By:
Its: Its: Member
ATTEST:
By:.
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
By:
Frank Cassidy, Town Attorney
STATE OF ARIZONA ) ss.
County of Pima )
Acknowledged before me this day
, as Member ofBCIF, LLC.
of ., 2004 by
Notary Public
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FIRST AMENDMENT TO SAN LUC,4S WSA - 2 - 7/8/2004 3:05 PM FJC/cds
EXHIBIT "C"
PHASING ON-SITE WATER DISTRIBUTION SYSTEM
Phase
1.
2.
3.
4.
5.
Phase
I.
2.
3.
4.
Phase
2.
3.
4.
Phase 1 shall consist of Blocks 1, 2, 3, 7, 8, 9, and 10, all of which lie within
water zone "X+".
The quantity of residential tots in phase 1 is estimated to be 526 units.
The Well, Booster Plant and fire ramp storage, as described herein, shall
adequately supply phase 1.
Potable and non-potable water distribution systems shall be in place within the
spine roads according to plans accepted by Marana.
Intemonnection per Exhibit "G" shall be completed.
Phase 2 shall consist of blocks 4, 5, and 6, all of which lie within water zone
"W+".
The quantity of residential lots in phase 2 is estimated to be 178 units.
The additional, separate booster station shall be required prior to occupancy of the
first unit in phase 2.
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 shall consist of Blocks 11 and 12.
The quantity of residential lots in phase 3 is estimated to be 135 units.
No additional well or storage improvements required.
Potable and non-potable water distribution systems shall be in place within the
spine roads according to plans accepted by Marana Fire Protection.
AGT 040617 San Lucas Water Agree First Amend Ex C BCIY Rex, 24JUN042.doc