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HomeMy WebLinkAboutResolution 2003-007 construction of water facilities for cortaro ranch phase IIF. ANN RODRIGUEZ, RECORDER RECORDED BY: RBP DEPUTY RECORDER 3591 PE4 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11973 PAGE: 2918 NO. OF PAGES: 25 SEQUENCE: 20030160739 01/24/2003 RES 16:33 MAIL AMOUNT PAID $ 18.00 MARANA RESOLUTION NO. 2003-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND D. R. HORTQN FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, D. R. Horton intends to facilitate the development of that certain property to be called Cortaro Ranch Phase II (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and D. R. Horton (the "Agreement"); and WHEREAS, D. R. Horton desires to arrange for the provision of water service Within the Property in connection with development thereof; 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, D. R. Horton 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. 1 i 9 Mar'arm, Arizona Resolution No. 2003-07 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 construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of January 2003. ATTEST: APPROVED AS TO FORM: As Town Attorney and not personally Mayor BOBBY SUTTON, JR. Marana, Arizona Resolution No. 2003-07 Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 2003-07 Page 3 of 3 TOWN OF M.qtLANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENrr (this '~Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this ~ day of 2003, by and between the TOWN OF MARANA, hereinafter called the Town, and D. R. HORTON, hereinafter called the Applicant. W1TNrESSETH: WHEREAS, the Applicant desires to install a water facility to provide sen'ice to the following described parcel of land (Cortaro Ranch Phase 1/) described on Exhibit "A" attached hereto; and V, rHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: N/A .(1) The water facility will be a Protected Main per Plan No. and, therefore, will be subject to the conditions outlined in Section VII of this A~eement. N/A (2) The water facility will be a Protected Booster per Plan No. and, therefore, will be subject to the conditions outlined in Section VII/of this ageement. X (3) Prior to the /'mai inspection, Applicant shall pay to' the Town all applicable fees as authorized by the Marana Municipal Water Code. N/A. (4) The system herein permitted is located within the 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 sen'ice connection to the system. The Applicant aclmo'aqedges that the Town may not have an adequate water supply in the x'icinity of the above-described property, to meet fn'e flow requirements. The Applicant further aclmowledges that this condition may not change in the future and a~ees to accept the level of water serx4ce that now exists or may exist in the future. Applicant shall indemni~,, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions fi.om and against any loss, claim, suit, demand, cause of action, or 1/ab/lity of any nature, including but not limited to damage to property, and injuries to persons, including death, ar/sing or alleged to have ar/sen, in whole or in part, out of the prov/sion, or failure of the Town to prov/de, water serxfce adequate to meet fire flow requirements to the property. (6) Town a~ees to reimburse the Developer for the cost differential for constmctme excess facility's capacity in accordance with the rates as specified herein and in the~larana Municipal Water Code (or as amended thereafter). Reimbursement payment shall be initiated upon "final acceptance" of the facilities by the Town. X .(7) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900.00). All other size meters will be according to the Town Code. WItEREAS, the required plans, specifications, and materials for said facility have been approved by the To'a'n; and '¢?HEREAS, the Applicant desires that the Town take ownership of, operate, and ser~,ice said 'a'ater facility; and WHEREAS, the To'arn is willing to accept said facility and permit it to be connected to the To'a'n Water System provided it meets To'a,n standards and the work is done in accordance 'a, ith Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENER.aJ., o ° o The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-0110-014 and shall conform t~) the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the To'am and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0110-014 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." The work permitted by this A~eement 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. Before any serxSce connections are made To the system herein permitted, the Applicant shall pay to the To'am the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The proxdsion or existence of a water or other utility easement shall not constitute frontage for purposes ofth/s para~aph. 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 o'a,ner can proxdde the Town 'a'ith justified plans as to what type of improvement/development is taldng place on the parcel of land. If a property ovmer applies for a meter wkile the property is fronting 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 En~ineer/ng Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, suppJies, and tools required Io complete the work herein permitted. 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. Projects that 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 3~ear 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 construction has not be~n. ENGINEERING AN'D INSPECTION When the cost of construction is greater than Tweh,e Thousand Five Hundred Dollars (S12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system desi~ and to lay out and establish control lines and certify the layout according to the approved plans. .&.ny inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant ........ shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the xv0rk. The Work shall b-e iubject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the To~xm is for the purpose of ensuring compliance with plans and specifications only. The Town makes no ~arantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. o In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday worlc Such additional inspection costs will be billed to the Applicant. A normal work period shall be defmed as forty (40) hours in a seven (7) day. work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. Ir[. PRECONSTRUCTION PROCEDURE The Applicant shall submit a ~witten request to begin construction to the Town five (5) working days prior to the time the work is to commence. This A~eement shall be completed, sig-ned and notarized, and returned to the Town prior to issuance of a construction perrrfit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carried on at such points and in such order as may be directed by the Town, o Materials used in the construction shall be available for sampling and testing p,(or Io beina used in the work. Materials that fail to meet Town specification shall be removed from site. o The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CON STRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. 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 To~,~ before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been ~ven to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant a~ees to perform the work diligently to complete the work on or before the completion date Wen in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. o The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational SafeLy and Hazards 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 all fines or other penalties provided for by law for any violations of the Occupational Safe~' Hazards Act. IN~DES~-N'ITY 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, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, comraittees and commissions fi-om and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not lim/ted to damage to property and injuries to persons, including death,, arising or alleged to have ar/sen, in whole or in part, out of any negligent act or om/ssion of Applicant or any such contractor or anv subcontractor, or any person employed directly or indirectly, by any of them in th~ performance of any work or operations pursuant to this Agreement. VI. DEDICATION The Applicant shall, 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 dear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor worlnnanship or materials for a period of two (2_) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant ~ill remain responsible for raising/lowering said services as required until the area described is fully developed. 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 sen,ice said facility. PROTECTED b,£4.EN' (N/A) 1. Any portion of the system descr/bed as a Protected Main in the preamble hereto shall be eli~ble for protection as authorized herein and by the Marana Municipal Water Code. (a) Parricipat/ng property which is resubdix4ded or split in such a manner that an3, portion thereof no longer fronts upon the protected main for a distance of at least fifteen feet (15') will not be considered a participating property and will not be eligible for a water connection to the protected main or any main in the absence of a remote meter agreement. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eli~ble for refund of that portion of the cost that is not directly attributable to providing water sen, ice solely to Applicant's property as follo'~,s: (a) When a meter application is received by the Town for a water service or water main connection to the water main installed pursuant to this Agreement by nonparticipating property fronting the main, the Tox~:n Mll collect the fees required herein and by the Marana Municipal grater Code and shall be refunded to the Applicant. Co) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro-rata share of the refundable portion of the cost of the v'ater main based upon the "As-Built" footage of the main installed by the aforesaid Agreement in said street, alley or easement right-of-way. (c) In no event will the aggregate amount refunded exceed the full, author/zed refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded ~4thin fifteen (15) years from the date of this Agreement, any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged from any further obligations under this Agreement. VI~I. o Upon completion of construct/on, a refund amount due to the App]icant w/Il be determined based on the rates set forth in the Marana Municipal Water Code. The Town makes no guarantee that the Applicant will recover the full balance due in case it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main instal]ed or if the property is served by mains otherwise constructed. Extensions of the system described in the preamble hereto to provide service to subdivisions, lots or parcels remote from the street, alley or easement right-of-way line containing the aforesaid protected main, will not be subject to protected main fees. PROTECTED BOOSTER (N/A) Any portion of the system described as a Protected Facility in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eligible for refund of that portion of the cost that is not directly attributable to providing water service solely to Applicant's property as follows: (a) When a meter application is received by the Town for a water service served by the booster installed pursuant to this Agreement by nonparticipating property, the Town will collect the fees required herein and by the Marana Municipal Water Code and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro-rata share of the refundable portion of the cost of the booster based upon the final cost of the booster installed by the aforesaid Agreement. (c) In no event will the aggregate amount refunded exceed the full, authorized refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded within fifteen (15) years from the date of this Agreement, any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged fi'om any further obligations under this Agreement. Upon completion of construction, a refund amount due to the Applicant_will be determined based on the rates set forth in the Marana Municipal Water Code. The Town makes no guarantee that the Applicant will recover the full balance due in the ex,mt it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main installed or if the property is sea,ed by mains otherwise constructed. Refundable amounts will be based upon a pro-rata share of the final cost of the facility improvements divided by the nonparticipating area yet to be developed in accordance with the Marana Municipal Water Code and th/s agreement. THIS ,AGREEMENT shall be binding upon and inure to the benefit of the heirs, execulors, administrators, successors and assigns of the parties; provided however that Applicant may not assigm this Agreement without the prior written consent of the Town. THIS AGREEMENrl' is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. [The remainder of this page intentionally left blank] IN WITN'ESS WHEREOF, the Applicant has executed or has caused this instrument lo be execuled by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above xwitten. D. R. HORTON ~ Applicant Signature Title Print Name Street Address. 7-'d.'c.-..s ~ ,4l :2 City State Zip Code STATE OF ARIZONA) )ss. COUNTY OF PIMA ) /-;_~On this, the, 3~(-~~- day of /~?"r~/2')3~'/f~, 2002, be;ore me personally appeared ~" 7~,vlz~ ~ ~ /, _/?*'~c', 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. N,~ry ~ublic lely Commission EXpires: THE TOWN OF MARA2x\~. BY: Its: APPROVED AS TO FOR.M By: As Town Attorney and not personally ATTEST: By: Town Clerk i EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] CT NOTES U?~D1 ~DED FARt, IS ARTHUR PACK PARK ' ~OUNTAZt ROAD SCALE.. 1,6 ~ I~. EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On-Site Water Facility Plans. Copies of such engineering drawings n3ay 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 Plans and the name of the Engineering firm which prepared the same.] ! EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AxNI) SPECIFICATIONS OF THE OFF-SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF MARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off-Site Water Facility Plans. Copies of such engineering drawings- may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: N/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 En~neering finn which prepared the same.] i EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a Ii.ne by line itemized breakdoxxm of _ the Estimated Cost of the On-Site Water Facility to be installed in accordance with this Ag'reement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. RecWest, Incorporated 5401 South Arcadia Tucson, Arizona 85706 520-574-7500 FAX 520-574-0465 August 29, 2002_~~~ Mr. Tho~"W~liams D. R. H'orton Homes 5255 Williams Circle, Suite 1030 Tucson, Arizona 85711 RE: CORTARO RANCH Dear Mr. Williams: ~ Y°~ Attached please fred our proposals to furnish labor, equipment/materials and plant to construct the referenced community. The quotes are broken out ~'-_g~6_~e_w by dirtwork only, Phase 1 and Phase 2. The numbers are to be considered as one lump sum bid. 'Also attached is a schedule for each module of work. If there are any questions/comments, please advise. Sincerely, Vice President Construction Ill .[[ z ,n- O EXttlBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.]