HomeMy WebLinkAboutResolution 2002-003 agreement for construction of water facilities in Hartman Vistas F. ANN RODRIGUEZ, P, ECORDER
RECOP~DED BY: D K
D~PUTY RECORDER
7864 ROOC
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 11709
PAGE: 1752
NO. OF PAGES: 20
SEQUENCE: 20020030427
01/04/2002
RES 16:49
MAIL
AMOUNT PAID $ 15.50
MARANA RESOLUTION NO. 2002-03
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 ANq) NEW WORLD HOMES FOR CONSTRUCTON OF WATER
FACILITIES AND PROVISION OF WATER UTILITY SERVICE.
WHEREAS, New World Homes intends to facilitate the development of that certain property
to be called Hartman Vistas (the "Property"), more specifically described within Exhibit "1," an
Agreement for Construction of Water Facilities and Provision of Water Utility Service between the
Town of Marana and New World Homes (the "Agreement"); and
WHEREAS, New World desires to arrange for the provision of water service to and within
the Property in connection with Development thereof; 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, New World Homes agrees to the construction of water facilities for Hartman
Vistas; and
WHEREAS, the Town of Marana, agrees to provide water service to the Hartman Vistas
development, pursuant to the terms and conditions of the Agreement; 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. 2002-03 Page I of 3 ~._ C>
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town o fMarana,
Arizona, accepting and authorizing the approval of the Agreement between the Town of Marana and
New World Homes attached hereto as Exhibit "1" and incorporated herein by this reference, for
construction of water facilities and provision for water utility service.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2nd day of January, 2002.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney
m:d not personally
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Marana. Arizona Resolution No. 20024~3 Page 2 of 3
EXHIBIT "1"
Marana. Arizona Resolution No. 2002-03 Page 3 of 3
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION
OF WATER FACILITIES
AND PROVISION OF WATER UTILITY SERVICE
Z~. THIS AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES, entered into as of the
-'~dav of ~/¢~.~,~¢-~ 200~. by and between the TOWN OF MARANA, ARIZONA, an Arizona
mun~pa'corporation, ~ereinafter- referred to as "Marana ) and NEW WORLD HOMES, an Arizona
corporation and qualified to do business in Arizona (hereinafter referred to as the "Developer" or
"Applicant"), is for the construction of Water Facilities necessary to provide water utility service to its
Property, 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 warrants it is qualified to do business in Arizona and is desirous of
securing water to the area more particularly described in Exhibit "A" attached hereto and made a part
hereof, and will construct certain water facilities and transfer the ownership thereof to Marana for such
purposes; and
WHEREAS, Marana is willing, to supply water to Developer 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
1.2
Applicant or Developer: New World Homes, and its successors and assigns.
Property: That certain property or real estate development known as Hartman Vistas
and as shown on Exhibit "A" attached hereto and made a part hereof.
1.3
1.4
Water Facilities: Public water facilities and appurtenances which are to be constructed
under this Agreement and are located within public rights-of-way or dedicated
easements, and which upon completion by Developer and inspection and acceptance
by Marana, are deeded to Marana for operation and maintenance, including but not
limited to water mains, valves, pipelines, 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.
Water System: Water facilities, including water mains, valves, pipelines, booster
pumps, wells, reservoirs and all other water facilities and appurtenances necessary for
service to the Property and appurtenant to the municipal water supply system of the
Town of Merana.
Water Service Agreement (Dated 12-17-01
Water Sen~ce Agreement (Dated 12-17-01)
CONSTRUCTION OF WATER FACILITIES
2.1 Plans and Specifications. Developer shall design and construct, at Developer's own
expense, the Water Facilities in accordance with approved Plans and Specifications.
The approved Plans and Specifications shall conform to the design standards of the
City of Tucson Water Department, and the Town of Marana Town Water Code, and be
capable of serving the water needs of all commercial and noncommercial
development, and be sized to serve the maximum authorized development of the
Property. A copy of said approved Off-Site & On-Site 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 and any successor or amendatory
provisions are incorporated herein as though set forth in full and the Developer, except
to the extent to do so would be inconsistent with the provisions thereof, is deemed for
the purposes hereof to be the Applicant/Ccstomer/Developer described therein.
(a) Water Production, Well Testing and Storage/Plans and specifications. Developer
shall design and construct, at Developer's own expense, the water production and
water storage facilities in accordance with approved Plans and Specifications.
The approved Plans and Specifications shall conform to the design standards of
the City of Tucson Water Department and the Town of Marana Water Code, and
be capable of serving the water needs of all commemial and noncommercial
development of the Property, and be sized to serve the maximum authorized
development of the Property.
(b) The water production facilities shall include, at a minimum, two (2) wells, each
drilled to a depth of at least eight hundred feet (800'); provided, however, that the
first well shall be at least sixteen inches (16") in diameter, and provided further that
the second well must be ddlled prior to the commencement of the second phase
of DevelopeCs Acacia Hills subdivision. Acacia Hills first phase shall consist of no
more that 350 homes.
(c) In order to provide a redundancy in the Hartman Vistas subdivision an
interconnect to the Oro Valley Countryside system shall be installed during the
construction at the Hartman Vistas project. Said interconnect shall only be for
emergency backup i)ursuant to an Intergovernmental Agreement in place between
Om Valley and the Town of Marana.
(d) The water storage facilities shall include two (2) storage tanks phased of at least
five hundred thousand (500,000) gallons each; (the second reservoir must be in
place prior to the commencement of the second phase of Developer's Acacia Hills
subdivision. The first phase, in this case, shall consist of no more than 80
homes.) provided that the total storage capacity for the Hartman Vistas subdivision
shall equal or exceed that amount needed to deliver twenty-four (24) hours' worth
of water demand calculated on the basis of water usage on the hottest day of the
summer, together with two hours' fire flow of one thousand five hundred (1,500)
gallons per minute. The water production and storage plans shall be constructed
and accepted by Marana prior to Marana issuing Developer a Certificate of
Occupancy for any residential or commercial unit.
2.2 Plans and Specifications, Approval. The Plans and Specifications for the Water
Facilities have been reviewed and approved in writing by Marana and the ,Arizona
Department of Environmental Quality or the Pima County Department of
Environmental Quality pdor to issuance of any water facilities construction permits by
Marana. No work shall commence until Marana has issued a Water Facilities
construction permit.
2.3 Contractor. The Water Facilities shall be constructed by a contractor propedy licensed
by the State of Arizona and in accordance with the Plans and Specifications prepared
by a qualified registered professional engineer. The location in the ground and
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2.4
2.5
2.6
2.7
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.
Permits and Licenses. Applicant shall obtain all necessary permits and licenses, pay
all fees and c------~mpty with all laws, ordinances and regulations related to the public
health, safety, welfare and construction of the Water System.
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
agencies and (e) the plans and specifications incorporated herein by reference in
Exhibit "B". Developer shall repair, or remove and replace, at Developer's own
expense and at Marana's convenience, workmanship or materials which do not meet
the described cdteda 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. "Final Acceptance"
shall be defined as written approval of the water facilities, acceptance for
maintenance, and letter of approval/acceptance from the Arizona Department of
Environmental Quality.
Connectinq New Fac I ties. Upon completion of the Water Facilities, the Developer will
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. After commencing water service to the Property, for the
purposes of this paragraph, the provisions of the Marana Code Chapter 14 and any
successor or amendatory provisions are incorporated herein as though set forth in full
and the Developer, except to the extent to do so would be inconsistent with the
provisions thereof, is deemed for the purposes hereof to be the
Applicant]CustomedDeveloper described therein.
Inspection, Testinq and Correction of Defects. Developer shall comply with the
inspection and testing requirements of ADE~ and PCDEQ and Marana for the
facilities to be constructed hereunder, PROVIDED HOWEVER, said requirements
shall be reasonable and shall not cause the Developer unwarranted delays in the
ordinary course of construction. Developer shall promptly notify Marana when the
Water Facilities under construction are ready for inspection and testing; and upon 24
hours written notice to the Town, Marana shall immediately thereafter inspect the
same promptly after being so notified. For the purpose of inspection and testing of the
improvements constructed pursuant to this Agreement, or construction thereof,
Developer shall give Marana and any inspectors appointed by it, free access to the
construction site and tacilitate the proper inspection of such materials, including
procurement data, 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 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 agrees that no inspection
by or on behalf of Marana shall relieve Developer 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 to repair, replace or make good on such defective Work.
Marana specifically reserves the right to withhold approval and to forbid connection of
the Water Facilities to Marana's water utility system unless such Water Facilities have
been constructed in accordance with the Plans and Specifications and are satisfactory
to Marana upon inspection and testing. Developer agrees that it will promptly correct
Water Service Agreement (Dated 12-17-01 ) -3- ~
Water Service Agreement (Dated 12-17-01)
all defects and deficiencies in construction, materials and workmanship upon request
by Marana made subsequent to inspections by Marana.
2.8 ~. In the event that Developer makes (or is desirous of making) any
material changes to the Plans and Specifications referred to in Exhibit "B" to this
Agreement, the Developer shall (a) obtain Marana's prior ~vritten 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 agrees to furnish Marana, within thirty (30) days after completion
of construction, copies of all Developer, subcontractor, vendor and all others invoices
for all engineering and other services, materials purchased, materials installed,
construction performed, equipment provided and all else done directly in connection
with construction pursuant to this Agreement at the actual cost thereof.
2.10 Liens. Developer acknowledges its duty to obtain lien waivers and releases from all
third parties providing labor, materials or services hereunder. Developer hereby
irrevocably waives any rights it may now have or which it may acquire during the
course of this Agreement to record liens against Marena or its property. Developer
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, 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 agrees to furnish Marana, within thirty (30) days after
completion of construction, "as-built" drawings in both handwdften 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 pursuant to this Agreement
until this condition is satisfied.
2.12 Risk. Developer 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
matedal before such final completion of the Water Facilities, replace or repair forthwith
the Work or materials so injured, damaged or destroyed, to the satisfaction of Marana
at Developer's own expense.
2.13 Liability. De~,eleger 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/ Developer, its agents, servantS or
employees in the execution of and performance of the activities and Work
contemplated herein or in connection therewith. Accordingly, for a period of one year
after acceptance, Developer will indemnify, appear and defend and hold the Town,
and itS elected officials, employees, agentS and consultants ("Marana") harmless from
and against claims, (except and to the extent that the same is caused or contributed to
by Marana) or expenses, including penalties 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 will assume the defense of Marana at
Developer's expense and will pay all judgments rendered therein.
(a) Marana 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 Marana, its agents, servants or employees caused
Water Sei~ice Agreement (Dated 12-17-01)
by interconnecting the Water Facilities to any off-site water facilities by Marana,
and, in that event, for a period of one years after acceptance, Marana will
indemnify, appear and defend and hold Developer, its employees, agents and
consultants (Developer") harmless from and against claims, (except and to the
extent that the same is caused or contributed to by Developer) or expenses,
including penalties 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, and will pay all judgments rendered therein.
2.14 Insurance. Developer 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 under subparagraphs (a),
(b) and (c) hereof, with the exclusion of Workman's Compensation. 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) Workem' 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'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,
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, except to the extent to do so would be
inconsistent with the provisions thereof, is deemed for the purposes hereof to be the
ApplicantJCusfomer/Developer described therein. Developer 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's development. If Developer's development involves road construction, all
roads and drainage ways will be brought to grade by Developer 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. No easements shall be
required in existing right of way or public utility easements.
2.16 Service Lines, Valves, Meters and Meter Service. Developer shall install, to Marana
specifications, necessary equipment for auto.3ated 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, except to the extent to do so
would be inconsistent with the provisions thereof, is deemed for the purposes hereof
to be the Applicant/CustomedDeveloper described therein. Provided that Developer is
in compliance with this subparagraph, Marana agrees to waive any water connection
fees for initial connections within the Property. Developer will pay five hundred dollars
($500) per meter, for meter, meter installation, etc. per Marana Code §14-7-2 as
agreed by both parties.
2.17 No Permanent Structures on Easements. No permanent structures (i.e., masonry
walls, fences, etc.) shall be constructed un 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, 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.
2.18 Title. All materials installed, Water Facilities constructed and equipment provided by
Developer 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 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.
COSTS OF CONSTRUCTION OF WATER FACILITIES
3.1 Developer shall, at Developer's sole cost and 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 materials in such
Water Facilities and for negligence or defective workmanship, for a period of two (2)
years after acceptance. 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, except to the extent
to do so would be inconsistent with the provisions thereof, is deemed for the purposes
hereof to be the Applicant/CustomedDevelopor described therein.
3.2 Upon request by Marana and direction, Developer shall, at Developer's sole cost and
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's development.
3.3 The Water Facilities shall be transferred to the ownership of Marana upon completion.
SECURITY REQUIREMENT
4.1 In accordance with Arizona Revised Statutes and the Marana Municipal Code, this
Agreement is contingent upon Developer furnishing Marana with such security as may
be appropriate and necessary, as determined by the Marana Utility Director, to assure
Marana that Developer will perform all the Water Facilities and Water System
construction described above, and all other obligations now existing or accruing under
this Agreement.
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, except to the extent to do so would be inconsistent with the
the
provisions thereof, s deemed for the purposes hereof to be
Applicant/Customer/Developer described there n. Marana shall be under no obligation
to provide water utility service to Developer or the Property until each and every
condition of this Agreement has been met and satisfied. Marana agrees that upon
receipt of all applicable approvals and satisfaction of all of Developer's obligations
under this Agreement that it will then provide water utility service to the Developer's
Property.
5.2 Developer agrees to assign to Marana, as a condition of Marana providing water utility
service, every portion of its irrigation or Type 1 Nonirrigation Grandfathered
Groundwater Rights as those are defined by law as may be appurtenant to lands
conveyed and dedicated to Marana in connection with the subdivision of the Hartman
Water Service Agreement (Dated 12-17-0t)
Vistas development. Developer agrees to execute and deliver all forms necessary to
effectuate the transfer of these water rights to Marana concbrrently with such
dedication.
5.3 Marana will provide the State of Arizona Designation of Assured Water Supply status
for the Property upon acceptance of the Properb/ into Marana's service area by the
Central Arizona Groundwater Replenishment District (CAGRD). Developer
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 Marena's customers, including those living within the
Property, to fund the replenishment of groundwater.
TERMINATION OF AGREEMENT
6.1 In the event Developer 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 in any capacity or consultant with respect to the subject matter
of this Agreement. Cancellation under this section by Marana shall be effective when
written notice from Marana is received by Developer 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
arising as the result of this Agreement.
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 agrees to indemnify, appear, defend
and hold harmless Marena 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
Marena for inadequate fire protection capacity arising from the negligence of
Developer or its employees or agents.
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 Marana: Utilities Director
Town of Marana Water Department
12775 North Sanders Road
Marena, Arizona 85653
With copy to:
Mr. Dan Hochuli, Esq.
Town Attorney
220 East Wetmore Road, Suite 110
Tucson, Arizona 85705
and copy to:
Water Service Agreement (Dated 12-17-01)
Martinez & Curtis, P.C.
Attention: William P. Sullivan
i
To AppliCant:
2712 N. 7th Street
Phoenix, Arizona 85006-1090
New Wofid Development
3550 N. 1'~ Avenue, Suite 150
Tucson, Arizona 85719
10.
11.
SEVERABILITY
9.1 in the event any portion of this agreement shall be determined to be invalid, such
invalidity shat1 not render void any remaining portions of this agreement which can be
given effect, and they shall remain in force and effect.
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.
MISCELLANEOUS
11.1 This instrument contains the sole and only agreement of the parties relating to this
Agreement and correctly sets forth the dghts, 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,
altered or changed, except by written agreement signed by the parties.
11.2 All executed agreements shatl remain on file in the offices of the Marana Town Clerk
and shall be made available for public review upon request.
11.3 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 parbJ to it or against the path/who prepared the last draft.
11.5 Captions and headings are for index purposes only and shall not be used in 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,
on or before February 1,2002, 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 of any
provision of this Agreement nor any failure by Marana to insist on stdct performance
by Developer of any provision of this Agreement shall in any way be construed to be a
waiver of any future or subsequent breach by Developer or bar the fight of Marana to
insist on strict performance by Developer of the provisions of this Agreement in the
future. Developer is an independent contractor and not an agent or employee of
Marana.
11.7 This Agreement, and all fights and obligations hereunder, including those regarding
water service to the Developer, shall be subject to all provisions of the Municipal Code
of the Town of Marana and all applicable rates, fees, charges and tadffs of the Marana
Water Utility as approved by the Mayor and Council of the Town of Marana now or as
Water Service Agreement (Dated 12-17-01)
they may be changed and approved by the Mayor and Council of the Town of Marana
in the future.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above wdtten.
TOWN OF MARANA
~.~--'/k~Town Attorney ano not'personBy: --~""'~ ~'--' %'''~ .... a y
ATTEST:
DEVELOPER
New World Development
~ts:Vice President
ACKNOWLEDGMENT
STATE OF ARIZONA )
COUNTYOF PIHA )
This instrument was acknowledged before me this
by A. J. Richter as V.P.
My Commission Expires:
19thdayof December ,2001
..0fNew World Devci as Developer.
OFFICIAL SEAL
NICOLA MADSEN
Notary Pub~ic- State of k~zons
PIMA COUNTY
My Comm. ~,pir~ April 5, 2~2
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Water Service Agreement (Dated 12-17-01) -9-
Ru~ EE O1 11: 10a ppesidio En~ 5~0-795-6747 P-~
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION.
[Please slip the location map of the development
behind this cover sheet.]
t. Well Site. See attached legal description.
2. Hartman Vistas 'Y' Zone Reservoir and "Z" Zone Booster Station described as
being Block [I of Hartman Vistas, Lots 1 thru 353, Block I and II, Common Areas
A, B, C and D per Bk _, pg_ Pima County Recorders Office.
See attached location map.
3. Hartman Vistas - Linda Vista 12" Water main within Linda Vista Blvd. right-of-
wa)'. See attached location map.
Water Service Agreement (Dated 2-28-01) -10-
Ru~ 22 O1 11: lla Presidio En~ 520-79S-6747 p.3
UNSUBOIVIDED
1
THIS PROJECT ~
! dNSU~DiVIOEO ~:
UNSUBD~WDED
LINDA V1STA
,
LOSS-",
o'- oN RO^ i
37-53
3"+ = 1 MILE
LOEATION MAP
THE N 1/4 OF SECTION 2_3, TOWNSHIP
12 SOUTH, RANGE 12 EAST
G.&:S.R.M., PIMA COUNTY, ARIZONA
HARTMAN VISTAS
LOTS 1 THRU 3S3, BLOCKS I ~ II. COMMON AREA 'A'
(DRAINAGIE FACILITIES), COMMON ARtEA 'B' (SLOP.,_E.S
8' REVEGITATED OPEN SPACE), COMMON AREA C
(NATURAL OPEN SPACE) ~ COMMON AREA 'D'
(DEVELOPED USABLE OPEN SPACE)
BEING THE,NE 1/4- OF SEC. 23, T-12-5, R-12-E, G.&:S.R.M.,
TOWN OF MARANA, PIMA COUNTY ARIZONA
PRV-0172f
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THIS
PROJECT
LiND
VI STA 'BLVD.
LAUBERT LN.
14~
LOCATION MAP
A PORTION OF SECTIONS 15, 22, AND 23
T-12-5 R-12-E G&SRM
PIMA COUNTY, ARIZONA
TOW OF MARANA MUNICIPAL WATER DEFA~II~ENI
HARTMAN VISTAS
LINDA VISTA 12" WATERMAIN
WATER PLANS
COVER SHEET
DESIGNED BY: I DRM~N BY:
G.G.F. G.G.F. _
DAl~ Z pROJECT NO.
APRIL 9, 2001 /341.03A-BO00
~STLAND RESOURCES DRAWING pA'DH
CHECKED BY:
,
SCALE:
HORIZ: 1"=400'
SHEET
1
OF
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" ALl-1 ll 0~:02 FROW-NE~ I~ORLD HOMES +1-5~0-745-00~B
shby
LEGAL DESCRIPTION
WELL SITE PARCEL
Th= West 100.00 feet of th= East 660.00 fce~ ofth~ North 100.00 f~ct of the South 175.00
feet of the Southwest quarter of Section ! 5, Township ! 2 South, R~,nge 1'2 5asr, Gila and Salt River
Meridian, Pima County, Arizona,
Containing lO,O00 square £c:t more or Jess.
Icgal$~429-1 .wp~
TWA:lb
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11: 12a Presidio En~
+1-520-~45-0g~
FRO~-NE~ ~gRLD HO~:S
I -660.00'
.TO0.O0' ·
, AR/A: 10,000± SOl
LINDA V]STA ROAD
SOUTH LINE OF SOUTHWEST QUARTER
OF SECTION 15, T-M-S, R-12-E,
GILA ~: SALT RIVER MERIDIAN
520-795 -6747
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0
Ld
7
p-
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L
S 1/4 COR. SEC. 15
T-12-S, R-12-E,
G.&S.R.M.
~ATE:
SEPI'. 2t, 2000
2429
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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:
1. Harman Vistas Y-Zone Reservoir and Z-Zone Booster Station Plans
2. Hartman Vistas Well Site No. 1
3. Hartman Vistas Linda Vista 12-inch Water Main
A description of the plans are as follows:
i. New Y-Zone reservoir and Z-Zone booster facility. Reservoir is to be 500,000 gallons
in capacity. The booster station is designed to ultimately supply 2085 gpm.
ii. New 800 gpm well site to serve the Y-Zone reservoir and Z-Zone booster station.
iii. New 12-inch potable water transmission main will be Y-Zone and connect the well site
to the Reservoir site. The total length of the Y-Zone transmission main is
approximately 7,800 lineal feet. The alignment follows that of Linda Vista Blvd. For
the majority of its length.
[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.]
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Water Service Agreement (Dated 12-17-01) -1 1-
EXHIBIT "C"
ITEMIZED BREAK-DOWN OF THE ESTIMATED cOST OF THE
WATER UTILITY FACILITIES TO BE CONSTRUCTED HEREUNDER_
[Please slip a line-by-line itemized breakdown 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 totat expense the Developer/Applicant is to incur for the construction.
Water Service Agreement (Dated 12-17-01) -1 2-
EXHIBIT "D"
ACTUAL COST OF
WATER FACILITIES
[To be Attached Forthwith Upon Issuance of Same.]
Water Service Agreement (Dated 12-17-01)
-13-