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HomeMy WebLinkAboutResolution 2002-004 agreement for construction of water facilities for the springs at silverbell F. ANN RODRIGUEZ, RECOP. DER P. ECORDED BY: D K D~pUTY RECORDER 7864 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11709 PAGE: 1771 NO. OF PAGES: 19 SEQUENCE: 20020030428 01/04/2002 16:49 RoOC ~ RES MAIL AMOUNT pAID $ 15.00 MARANA RESOLUTION NO. 2002-04 A RESOLUTION OF THE MAYOR AND cOUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF A CONTRACT BETWEEN THE TOWN OF MARANA AND SILVERBELL 290 LIMITED PARTNERSHIP FOR CONSTRUCTON OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, Silverbel1290 Limited Partnership intends to facilitate the development of that certain property to be called The Springs at Silverbell (the "Property"), more specifically described within Exhibit "1 ," a Contract for Construction of Water Facilities Under Private Contract between the Town of Marana and Silverbell 290 Limited Partnership (the "Contract"); and WHEREAS, Silverbel1290 Limited Partnership 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 in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Contract; and WHEREAS, Silverbel1290 Limited Partnership agrees to the construction of on-site water facilities for the Springs at Silverbell; and WHEREAS, the Town of Marana, agrees to provide water service to the Springs at Silverbell development, pursuant to the terms and conditions of the Contract; and WHEREAS, the Mayor and Council find that the terms and conditions of the Contract are in the best interest of the Town. 9 Marana, Arizona Resolution No. 2002424 Page I of 3 NOW, THEREFORE, BE 1T RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Contract between the Town of Marana and Silverbell 290 Limited Partnership 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 2nd day of January, 2002. ATTEST: APPROVED AS TO FORM: As Town Attorney and not personally i --.3 Marana, AriZona Resolution No. 2002-04 Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 20024)4 Page 3 of 3 MARANA TOWN OF MAP. ANA TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this ~ day of ~..~tt~tS/' . . 20~-. b3~ and be?veen the TOWN OF MARANA, hereinafter called the Town, and S~lverbell ~90 L~m~ted Parmersh~p, an Ar/zona Limited Parmership qualified to do business in the State of Arizona hereinafter called the Applicant. W1TNESSETH: WHEREAS, the Applicant desires to install an On-Site Water Facility to provide service to the following described parcel of land (legal description) described on Exhibit "A" attached hereto (the "Property"), and WHEREAS, 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. subject to the conditions outlined in Section VII of th/s Agreement. N/A (2) X (3) N/A (4) and, therefore, will be The water facility will be a Protected Booster per Plan No.. and, therefore, will be subjected to the conditions outlined in Section VIE[ of this agreement. Prior to the final inspection of the On-Site Water Facility, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code except as may otherwise be provided herein. The system herein permitted is located within the area specific water system plan and is thereby subject to an additional water development fee as author/zed herein and by the Marana Municipal Water Code. Payment of the development fee is required prior to water service connection to the system. N/A (5) The Applicant aclmowledges that the Town may not have an adequate water supply in the vicinity of the above-described property to meet fire flow requirements. The Applicant further acknowledges that this condition may not change in the furore and agrees to accept the level of water service that now exists or may exist in the future. Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, comnnttees and commissions from and against any loss, claim, suit, Silverbel1290 Ltd Parmership 1 demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of the provision, or failure of the Town to provide, water service adequate to meet fire flow requirements to the properly. N/A (6) Town agrees to reimburse the Developer for the cost differential for constructing excess facility's capacity in accordance with the rates as specified herein and in the Marana Municipal Code (or as amended thereafter). Town shall initiate reimbursement payment upon "final acceptance" of the facilities. X (7) Other: See Addendum attached hereto and made a part hereof on Connecting New Facilities and Contribution for Construction of Off-Site Water Facility (the "Addendum"). WHEREAS, the required plans, specifications, and materials for said On-Site Water Facility have been approved by the Town, and WHEREAS, the Applicant desires that the Town take ownership of, operate and service said On- Site Water Facility after completion by Applicant and Final Acceptance by Town; and WHEREAS, the Town is willhag to accept said On-Site Water Facility and permit it to be counected to the Town Water System (and the Off-Site Water Facility, as such is defined herein) provided it meets Town standards and the work is done in accordance with Town requirements; and WHEREAS, Town agrees to construct an Off-Site Water Facility sufficient to provide adequate water supply to the Property and the contemplated 290 unit apartment complex to be located thereon, and to prox4de water service theretO, in exchange for Applicant's payment of Two Hundred Eighty Four Thousand Dollars ($284,000.00) as provided in the Addendum; NOW, THEREFORE, in consideration of the matters and conditions herein set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 1T IS HEREBY AGREED AS FOLLOWS: I. GENERAL For all purposes hereof, the term "On-Site Water Facility" shall mean the water mains, valves, pipelines, and other facilities constructed (or to be constructed) by Applicant within the confines of the Property that are necessary to enable Town to provide water utility service to the Property and all structures located thereon, provided, however, that the term "On-Site Water Facility" shall not include any water mains, valves, pipelines, or other facilities that are not shown on Exhibit B. Notw/thstanding anything to the contrary in the preceding sentence, the term "On-Site Water Facility" shall also include that intercounection between the facilities located on the Property and the sixteen (16") inch water main installed or to be installed by Town in that portion of Cortaro Road abutting the Property, as such interconnect/on is shown on Exhibit B (the "Silverbell Interconnecfion"). For all purposes hereof, the term "Off-Site Water Facility" shall mean the water mains, valves, pipelines, and other i'acilities to be constructed by Town outside the confines of the Property and that are necessary tO enable Town to provide permanent water utility service to the Property and all structures located thereon. The term "Off-Site Water Facility" shall not include the Silverbell lntercormection, as such term is defined above. Silverbell 290 Ltd Partnership 2 2. The Applicant shall design and install, at Applicant's own expense, the On-Site Water Facility (including the Silverbell Interconnection) in accordance with Plan No. G34 0134WA and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Water Code and special specifications and details as approved already by the Town and by this reference made a part hereof. The On-Site Water Facility shall also comply with Arizona Department of Environmental Quality and Pima County Department of Environmental Quality requirements. The document referenced herein as Plan No. G34 0134WA is included herein as Exhibit "B." 3. The construction of the On-Site Water Facility 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- l 6), to perform the work described herein in accordance with plans approved by the Town. 4. Before any service connections are made to the On-Site Water Facility herein described, the Applicant shall have paid to the Town all fees required by the Marana Municipal Water Code, except as may otherwise be provided herein. 5. No service connections will be made until Final Acceptance of the On-Site Water Facility. N/A 6. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. N/A 7. 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 owner can provide Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while 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 Engineering Support Services prior to conveyance. 8. The Applicant shall furnish all labor, materials, equipment, supplies and tools required to complete the On-Site Water Facility. 9. 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. 10. Projects which are inactive for more than one year will be canceled. An unapproved plan will be canceled if more than one year 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 begun. ENGI2~'EERING AND INSPECTION l. When the cost of consmaction is ~eater than $12,500, the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed on the On-Site Water Facility. Silverbell 290 Ltd Partnership 3 III. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work on the On-Site Water Facility. All work on the On-Site Water Facility shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactor3' to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 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 con2'actor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 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. pRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time work on the On-Site Water Facility is to commence. 2. No work on the On-Site Water Facility shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 3. Materials used in the construction of the On-Site Water Facility shall be available for sampling and testing prior to being used in the On-Site Water Facility. Materials that fail to meet Town specification shall be removed from the site. 4. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for construction of the On-Site Water Facility, pay all fees related to such construction permits, and comply with all laws, ordinances and regulations relating to such construction, public health and safety and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work on the On-Site Water Facility shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during the construction of the On-Site Water Facility. The name of the designated agent and the contractor performing the work on the On-Site Water Facility shall be furnished to the Town before commencement of any construction. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans in the construction of the On-Site Water Facility and the Applicant agrees to perform the work diligently to complete the On-Site Water Facility. i i ? 9 i Silverbell 290 Ltd Parmership 4 4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the On-Site Water Facility (including the Silverbell Interconnection) necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Conn'actor or subcontractor to comply with all safety requirements of the Occupational Safety 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 Safety Hazards Act. INDEMNITY 1. 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 indenmify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, corarmttees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including hut not limited to damage to property and injuries to persons, including death, arising, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work on the On-Site Water Facility; provided, however, that if Town, its Mayor, Council, officers, employees, boards, committees, commissions, contractors, or agents contributed to the cause of such claim, suit, demand, cause of action, or liability, Applicant shall have no indemnification or defense obligations hereunder. Nothing herein shall be construed as a waiver of Applicant's fight to pursue any and all remedies it may have against any of its contractors for their actions or omissions in connection with the construction of the On-Site Water Facility. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town the On-Site Water Facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon Final Acceptance of said On-Site Water Facility by the Town. 2. The Applicant guarantees the work on the On-Site Water Facility to be free from all failures due to poor workmanship or materials for a period of two (2) year from the Final Acceptance date by the Town. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the On-Site Water Facility to be installed pursuant to this Agreement. 4. The Applicant further gaarantees that all service lines, meters, and meter boxes located on the Property will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the Property is fully developed. ? 0 9 Silverbell 290 Ltd Partnership 5 The Town shall accept title to and take possession of the On-Site Water Facility upon Final Acceptance of said On-Site Water Facility. "Final Acceptance" shall mean the date the Town notifies Applicant that the following have occurred: (i) the work has been completed to the satisfaction of the Town, and (ii) Arizona Department of Environmental Quality and Pima County Environmental Quality have approved the On-Site Water Facility. Upon Final Acceptance of the On-Site Water Facility and conveyance of such On-Site Water Facility to the Town, the Town shall operate and service the On-Site Water Facility. PROTECTED MAIN (N/A) 1. Any portion of the system described as a Protected Main in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Code. (a) Participating property which is resubdivided or split in such a manner that any 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. 2. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be elig/ble 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 or water main connection to the water main installed pursuant to this Agreement by nonparticipating property fronting the main, the Town will collect the fees required herein and by the Marana Municipal 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 water 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, 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 from any further obligations under this Agreement. 3. 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. 4. 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 installed or if the property is served by mains otherwise constructed. 5. 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. Silverbell 290 Ltd Parmership 6 VIII. PROTECTED BOOSTER (N/A) 1. 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 Code. 2. 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 heroin and by the Marana Municipal 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 from any further obligations under this Agreement. 3. 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. 4. The Town makes no guarantee that the Applicant will recover the full balance due in the event 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 served by mains otherwise constructed. 5. 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 Mara;na Municipal Water Code and this agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, adminislrators, successors and assigns of the parties; provided however that Applicant may not assign this A~eement without the prior written consent of the Town, which shall not be unreasonably withheld. [The remainder of this page intentionally left blank] Silverbell 290 Ltd Partnership 7 - 1N WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed 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 written. Silverbell 290 Limited Partnership. Jesse Fl,9~s, Vice President of Timberline Village' Corporation, the General Partner of Silverbell 290 Limited partnership ATTEST: STATE OF'~ _rlTr' ) COUNTY OF ?-~lZlgfb4~ ~ SS. On this, the c~} ~ day of December, 2001, before me the undersized officer, personally appe~ed Jesse Flores, Vice President of Timberline Village Co~omfion, the General P~er of Silverbell 290 Limted Pa~ership, ~o~ to me to be the persons who subscdbed ~e foregoing ins~ment, and ac~owledge that they executed the sine for ~d on behalf of said perso~co~orahon for ~e p~oses and considerations ~erein expressed. ~ W~SS ~OF, I have here~to set my hand ~d official seal. My Comission Expires: 05 -0 s APPROV~MARANA Mayor Town of Marana 13251 North Lon Adams Road Marana, AZ 85653 Silverbell 290 Ltd Parmership 8 _ADDENDUM ~onnecting New Facilities. Upon Final Acceptance of the On-Site Water Facility shown on Plan No. G34 0134WA, included herein as Exhibit B, the Applicant shall dedicate said On-Site Water Facility to the Town of Marana, free and clear of all liens and encumbrances and without cost to the Town of Marana, and the Town of Marana shall thereafter operate the On-Site Water Facility as an integral part of the Town's municipal water utility. An itemized breakdown of the estimated cost of the On-Site Water Facility shall be included in Exhibit "D" attached hereto, and the actual cost, when available, shall be included in Exhibit "E" hereto. The On-Site Water Facility (including the Silverbell Interconnection) constructed pursuant to this Agreement shall provide a point, or points, of connection to the Town's existing water facilities and the Off-Site Water Facility to be constructed by Town pursuant to the terms hereof at the point, or points, shown on Exhibit B. Contribution for Construction of Off-Site Water Facility. Within ten (10) days after execution of this Agreement by all parties hereto, Applicant shall, at Applicant's sole cost and expense, deposit with the Town the sum of Two Hundred Eighty-Four Thousand Dollars ($284,000.00) ("Applicant's Contribution") for its proportionate share of the cost of developing the Off-Site Water Facility which the Town of Marana agrees to construct as part of this Agreement and which is necessary to enable the Town of Marana to fully serve a 290 unit apartment complex to be constructed by Applicant on the Property. Applicant's Contribution shall constitute the total financial contribution of Applicant for its proportionate share of Off-Site Water Facility construction ~ costs and all off-site water service connection costs and fees, exclusive of the cost of any water meters necessary to service the Property and their installation, which cost shall remain the responsibility of Applicant along with the cost of construction of the On-Site Water Facility (including the Silverbell Interconnection). The cost of any water meters necessary to service the Property and their installation shall be set according to the Marana Municipal Water Code and is currently $1,300 per two-inch meter, which cost includes installation. Applicant aclmowledges that the cost of such water meters and their installation are subject to change pursuant to any changes in the Marana Municipal Water Code. The connection fee portion of any water meter costs or fees are alreadyincluded in Applicant's Contribution. Plans for the construction of the Off-Site Water Facility which Town of Marana agrees to construct as part of this Agreement are complete at this time and are attached hereto as Exhibit "C", which is incorporated herein by reference. Construction of the Off-Site Water Facility will be bid within 30 days of receipt of the payment of the contribution provided for herein and construction shall begin at the earliest possible date thereafier. It is anticipated that construction of the Off-Site Water Facility will begin by the end of 2001. Partial water service is available at this time and full service will be available to the Property not later than May 1, 2002, provided, however, that this date will be extended in the event there is a delay in progress of construction of the Off-Site Water Facility due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire, or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, act of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Town. Such extension shall only be for the duration of such delay. i Silverbell 290 Ltd Partnership 9 EXItlBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] Silverbell 290 Ltd Partnership 10 28 33 PIMA CO. THI PROJECT 3~ 35 LOCATION MAP = 1 MILE A PORT[ON OF THE NORTHEAST 1/4- OF SECT[ON 34, T-12-S, R-12-E G.&:S.R.M., TOWN OF tdARANA PIMA COUNTY, ARIZONA COUNTY DISTRICT INA ROAD ~.~ LEGEND EXISTING EDGE OF pAVEMENT NEW EXTRUDED CURB EXISTING WATER LINE & VALVE EXISTING SEI~R LINE &: MANHOLE 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 may 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 finn which prepared the same.] Silverbell 290 Ltd Parmership 11 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND 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: [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.] Silverbell 290 Ltd Partnership 12 EXHIBIT "D" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line iten'fized breakdown of the Estimated Cost of the On-Site Water Facility 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. Silverbell 290 Ltd Parmership 13 Markham Conb'acting Co., Inc. 22820 N. l~th Avenue Phoenix, Arizona S.5027-'~312 {$Z3) 88g-,~lBC Fax: (1~23) B6~.94~0 Location: Marana, AZ Water DESC FJPTION QUANTITY Water connection DIP Fittings Water service ~rr~at!on service ' 2~ Schedule 40 PVC water · 2.,1/2' Schedule4O PVC * J2 Reducea PressJre bac~fiow preventer ! Drainage 11 1108 $ RG,~'CP Class 3 4' Msnhote Groufed dp mr Sewer connections Remove I O" PVC ins.~tl t0" DIP Remove and re~3fa~ concrete ~llar 1 3~5 Ad}uA manhole 14" $%C~r service 14' Manhole T~ff,C Oo~o 1kS $ · Denotes a0dJtonal Items inctuded from the odp, inal proposa: UNiT PRICE 18.00 28.00 TCTAL PR;CE 1,1C~ ' 65,43.0.£0/'-.-/ 2.240,('~ 1 ~-'/ 1,750.0U i 37,12~.00 ] ~/ 1,440.DC u/ 480.00 ~ 250.00 '"' I4.500,00 / 60,52D.00 ~.~ 2.4000~ c'/' 371~,8SS.C0 J I i ? i '7 EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached al time of completion.] Silverbell 290 Ltd Partnership 14 - F. ANN RODRIG RECORDER IlECORDED BY: L_&{ DEPUTY RECORDER 7864 ROOC ~T: 11742 &: 279B NO. OF PAGES: 16 SEQUENCE: 20020360702 02/22/2002 AG 16:50 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 13.50 ~/I TOWN OF MARANA '- TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), uthorized by Chapter 14 of the Marana Municipal Code, made and entered into this 2A.L day of " 20t) Z. by and between the TOWN OF MARANA, hereinafter called the Town, and Silverbell 0 Limited Partnership, an Arizona Limited Partnership qualified to do business in the State of Arizona hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install an On-Site Water Facility to provide service to the following described parcel of land (legal description) described on Exhibit "A" attached hereto (the "Property"), and WHEREAS, 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 Agreement. N/ A (2) The water facility will be a Protected Booster per Plan No. and, therefore, will be subjected to the conditions outlined in Section vm of this agreement. X (3) Prior to the final inspection of the On-Site Water Facility, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code except as may otherwise be provided herein. 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 service connection to the system. N/A (5) The Applicant acknowledges that the Town may not have an adequate water supply in the vicinity of the above-described property to meet fire flow requirements. The Applicant further acknowledges that this condition may not change in the future and agrees to accept the level of water service that now exists or may exist in the future. Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, .... ~ ,;-: L 8 Silverbell 290 Ltd Partnership 1 \~ demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of the provision, or failure of the Town to provide, water service adequate to meet fire flow requirements to the property. N/A (6) Town agrees to reimburse the Developer for the cost differential for constructing excess facility's capacity in accordance with the rates as specified herein and in the Marana Municipal Code (or as amended thereafter). Town shall initiate reimbursement payment upon "final acceptance" of the facilities. X (7) Other: See Addendum attached hereto and made a part hereof on Connecting New Facilities and Contribution for Construction of Off-Site Water Facility (the "Addendum"). WHEREAS, the required plans, specifications, and materials for said On-Site Water Facility have been approved by the Town, and WHEREAS, the Applicant desires that the Town take ownership of, operate and service said On- Site Water Facility after completion by Applicant and Final Acceptance by Town; and WHEREAS, the Town is willing to accept said On-Site Water Facility and permit it to be connected to the Town Water System (and the Off-Site Water Facility, as such is defined herein) provided it meets Town standards and the work is done in accordance with Town requirements; and WHEREAS, Town agrees to construct an Off-Site Water Facility sufficient to provide adequate water supply to the Property and the contemplated 290 unit apartment complex to be located thereon, and to provide water service thereto, in exchange for Applicant's payment of Two Hundred Eighty Four Thousand Dollars ($284,000.00) as provided in the Addendum; NOW, THEREFORE, in consideration of the matters and conditions herein set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 1. GENERAL 1. For all purposes hereof, the term "On-Site Water Facility" shall mean the water mains, valves, pipelines, and other facilities constructed (or to be constructed) by Applicant within the confines of the Property that are necessary to enable Town to provide water utility service to the Property and all structures located thereon, provided, however, that the term "On-Site Water Facility" shall not include any water mains, valves, pipelines, or other facilities that are not shown on Exhibit B. Notwithstanding anything to the contrary in the preceding sentence, the term "On-Site Water Facility" shall also include that interconnection between the facilities located on the Property and the sixteen (16") inch water main installed or to be installed by Town in that portion of Cortaro Road abutting the Property, as such interconnection is shown on Exhibit B (the "Silverbell Interconnection"). For all purposes hereof, the term "Off-Site Water Facility" shall mean the water mains, valves, pipelines, and other facilities to be constructed by Town outside the confines of the Property and that are necessary to enable Town to provide permanent water utility service to the Property and all structures located thereon. The term "Off-Site Water Facility" shall not include the Silverbell Interconnection, as such term is defined above. i ~ .:. ...::! -=-t 2 =...l :-<. "7 :-<. -. Silverbell 290 Ltd Partnership 2 N/A 6. N/A 7. II. 2. The Applicant shall design and install, at Applicant's own expense, the On-Site Water Facility (including the Silverbell Interconnection) in accordance with Plan No. G34 0134W A and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Water Code and special specifications and details as approved already by the Town and by this reference made a part hereof. The On-Site Water Facility shall also comply with Arizona Department of Environmental Quality and Pima County Department of Environmental Quality requirements. The document referenced herein as Plan No. G34 0134W A is included herein as Exhibit "B." 3. The construction of the On-Site Water Facility 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 the work described herein in accordance with plans approved by the Town. 4. Before any service connections are made to the On-Site Water Facility herein described, the Applicant shall have paid to the Town all fees required by the Marana Municipal Water Code, except as may otherwise be provided herein. 5. No service connections will be made until Final Acceptance ofthe On-Site Water Facility. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes ofthis paragraph. 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 owner can provide Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while 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 Engineering Support Services prior to conveyance. 8. The Applicant shall furnish all labor, materials, equipment, supplies and tools required to complete the On-Site Water Facility. 9. 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. 10. Projects which are inactive for more than one year will be canceled. An unapproved plan will be canceled if more than one year 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 begun. ENGINEERING AND INSPECTION A . 1. When the cost of construction is greater than $12,500, the Applicant shall employ a registered Civil Engineer to accomplish system design and to layout and establish control lines and certifY the layout according to the approved plans. -",. =- . . L 8 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed on the On-Site Water Facility. Silverbell 290 Ltd Partnership 3 The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work on the On-Site Water Facility. All work on the On-Site Water Facility shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 3. 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 work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 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. III. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time work on the On-Site Water Facility is to commence. 2. No work on the On-Site Water Facility shall commence until the Town has issued a construction permit which will specifY the starting date and a reasonable time for completion. 3. Materials used in the construction of the On-Site Water Facility shall be available for sampling and testing prior to being used in the On-Site Water Facility. Materials that fail to meet Town specification shall be removed from the site. 4. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for construction of the On-Site Water Facility, pay all fees related to such construction permits, and comply with all laws, ordinances and regulations relating to such construction, public health and safety and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. The Town shall be notified of the date upon which work on the On-Site Water Facility shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during the construction of the On-Site Water Facility. The name of the designated agent and the contractor performing the work on the On-Site Water Facility shall be furnished to the Town before commencement of any construction. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. i r. -. 2 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans in the construction of the On-Site Water Facility and the Applicant agrees to perform the work diligently to complete the On-Site Water Facility. ~ , ... Silverbell 290 Ltd Partnership 4 4. The Applicant shall identifY and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the On-Site Water Facility (including the Silverbell Interconnection) necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety 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 Safety Hazards Act. V. INDEMNITY 1. 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, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work on the On-Site Water Facility; provided, however, that if Town, its Mayor, Council, officers, employees, boards, committees, commissions, contractors, or agents contributed to the cause of such claim, suit, demand, cause of action, or liability, Applicant shall have no indemnification or defense obligations hereunder. Nothing herein shall be construed as a waiver of Applicant's right to pursue any and all remedies it may have against any of its contractors for their actions or omissions in connection with the construction of the On-Site Water Facility. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town the On-Site Water Facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon Final Acceptance of said On-Site Water Facility by the Town. 2. The Applicant guarantees the work on the On-Site Water Facility to be free from all failures due to poor workmanship or materials for a period of two (2) year from the Final Acceptance date by the Town. = .;. 3. The Applicant shall not construct any utility, building or other improvement which would interfere with the operation or maintenance of the On-Site Water Facility to be installed pursuant to this Agreement. ~ 4. The Applicant further guarantees that all service lines, meters, and meter boxes located on the Property will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the Property is fully developed. 2 Silverbell 290 Ltd Partnership 5 5. The Town shall accept title to and take possession of the On-Site Water Facility upon Final Acceptance of said On-Site Water Facility. "Final Acceptance" shall mean the date the Town notifies Applicant that the following have occurred: (i) the work has been completed to the satisfaction of the Town, and (ii) Arizona Department of Environmental Quality and Pima County Environmental Quality have approved the On-Site Water Facility. Upon Final Acceptance of the On-Site Water Facility and conveyance of such On-Site Water Facility to the Town, the Town shall operate and service the On-Site Water Facility. VIT. PROTECTED MAIN eN/A) 1. Any portion of the system described as a Protected Main in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Code. (a) Participating property which is resubdivided or split in such a manner that any 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. 2. 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 or water main connection to the water main installed pursuant to this Agreement by nonparticipating property fronting the main, the Town will collect the fees required herein and by the Marana Municipal 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 water 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, 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 from any further obligations under this Agreement. 3. 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. 4. 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 installed or if the property is served by mains otherwise constructed. L z 5. 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. ....... :.' ;: Silverbell 290 Ltd Partnership 6 VIII. PROTECTED BOOSTER (NI A) 1. 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 Code. 2. 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 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 from any further obligations under this Agreement. 3. 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. 4. The Town makes no guarantee that the Applicant will recover the full balance due in the event 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 served by mains otherwise constructed. 5. 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 this agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town, which shall not be unreasonably withheld. 1 [The remainder of this page intentionally left blank] 4 z G '" .. Silverbell 290 Ltd Partnership 7 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed 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 written. Silverbell 290 Limited Partnership Applicant BY: Jesse Fl es, Vice President of Timberline Villag Corporation, the General Partner of Silverbell 290 Limited Partnership ATTEST: STATE OF1i>crr5' ) ) SS. COUNTY OF ~~~ ) On this, the jJ #- day of December, 2001, before me the undersigned officer, personally appeared Jesse Flores, Vice President of Timberline Village Corporation, the General Partner of Silverbell 290 Limited Partnership, 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. ~7!}1J~.j My Commission Expires: DSiJ7 - 0 5 MtCHElL L MCDONALD tlICn'AAY puBLIC. STATE OF TEXAS NO. 01232906-3 COMMISSION EXPlRES MAY 07.aooo ~",unll'/~ ~ OF M,q ~ $ .:::.~ 1\\\\''''"11" ~ ~~ ~ s ~~ ~~"'t- ~ ::P~C()Rf'ORATE ~"Y'~ R& r-:: 000 := _ - - - - - S SEAL;i WIle ;:; ~ ~;:: ~ ~ ~ s ~ ~"lllm"\\~ ~ ~4t?IZ ....~l.~}'~ "'III.i"\\\~r iA-5 t/Z/O z :RO~MARANA ~ tt J Y u , r. Mayor Town of Marana 13251 North Lon Adams Road Marana, AZ 85653 i ! ? -4 u Silverbell 290 Ltd Partnership 8 ADDENDUM Connecting New Facilities. Upon Final Acceptance of the On-Site Water Facility shown on Plan No. G34 0134W A, included herein as Exhibit B, the Applicant shall dedicate said On-Site Water Facility to the Town of Marana, free and clear of all liens and encumbrances and without cost to the Town of Marana, and the Town of Marana shall thereafter operate the On-Site Water Facility as an integral part of the Town's municipal water utility. An itemized breakdown of the estimated cost of the On-Site Water Facility shall be included in Exhibit "D" attached hereto, and the actual cost, when available, shall be included in Exhibit "E" hereto. The On-Site Water Facility (including the Silverbell Interconnection) constructed pursuant to this Agreement shall provide a point, or points, of connection to the Town's existing water facilities and the Off-Site Water Facility to be constructed by Town pursuant to the terms hereof at the point, or points, shown on Exhibit B. Contribution for Construction of Off-Site Water Facility. Within ten (10) days after execution of this Agreement by all parties hereto, Applicant shall, at Applicant's sole cost and expense, deposit with the Town the sum of Two Hundred Eighty-Four Thousand Dollars ($284,000.00) ("Applicant's Contribution") for its proportionate share of the cost of developing the Off-Site Water Facility which the Town of Marana agrees to construct as part of this Agreement and which is necessary to enable the Town of Marana to fully serve a 290 unit apartment complex to be constructed by Applicant on the Property. Applicant's Contribution shall constitute the total financial contribution of Applicant for its proportionate share of Off-Site Water Facility construction costs and all off-site water service connection costs and fees, exclusive of the cost of any water meters necessary to service the Property and their installation, which cost shall remain the responsibility of Applicant along with the cost of construction of the On-Site Water Facility (including the Silverbell Interconnection). The cost of any water meters necessary to service the Property and their installation shall be set according to the Marana Municipal Water Code and is currently $1,300 per two-inch meter, which cost includes installation. Applicant acknowledges that the cost of such water meters and their installation are subject to change pursuant to any changes in the Marana Municipal Water Code. The connection fee portion of any water meter costs or fees are alreadyincluded in Applicant's Contribution. Plans for the construction of the Off-Site Water Facility which Town of Marana agrees to construct as part of this Agreement are complete at this time and are attached hereto as Exhibit "C", which is incorporated herein by reference. Construction of the Off-Site Water Facility will be bid within 30 days of receipt of the payment of the contribution provided for herein and construction shall begin at the earliest possible date thereafter. It is anticipated that construction of the Off-Site Water Facility will begin by the end of 2001. Partial water service is available at this time and full service will be available to the Property not later than May 1, 2002, provided, however, that this date will be extended in the event there is a delay in progress of construction of the Off-Site Water Facility due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire, or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, act of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Town. Such extension shall only be for the duration of such delay. .g ... =f= 4 L b Silverbell 290 Ltd Partnership 9 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 1 1 ,:. 4 ? r"o =- Silverbell 290 Ltd Partnership 10 ..i 1'"1'- . ' I , --.L~ '\ u\ . ~;. " .' ~A. '\J'~ -f~ '/ ~ / "0 PIMA CO. . o o THI ~ PROJECT Q. INA .ROAD 35136 3 35 LOCATION MAP A PORTI ON OF THE NORTHEAST 1/4 OF SECTION 34, T-12-5, R-12-E G.&S.R.M., TOWN OF MARANA PIMA COUNTY, ARIZONA COUNTY DISTRICT 13 LEGEND --;7 77 T 7/7 EXISTING EDGE OF PA VEMENT NEW EXTRUDED CURB EXISTING WATER LINE '" VALVE EXISTING SCME'R LINE ~ MANHOLE -w---0-- -~ - .... -.-... ..."..-- . ...a_ .. '~.'I'" __ "''''''''I'''\r'''' ...... N I 1 t I t 0) o o I ", , Z. Z -< ....J C- - OJ' ... .:-: . . . . J" ...... ZR - ~"':::! :):} C- o:: ~ <( EXIDBIT "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 may 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.] .. ... .f 4 ....... -=- Silverbell 290 Ltd Partnership 11 EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND 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: [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.] -4 '/ 8 ! r-_ U Silverbell 290 Ltd Partnership 12 EXHIBIT "0" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility 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. i " ... , z Silverbell 290 Ltd Partnership 13 12'~1'Ol 08:45 F~X 4~044S~~2J li/l ~f26el 15: 53 8G~ E\ SCOTT HO,IES 4;005 "'lA;;~HA'" Cct-lT :1:;-16 F'AG=. 0 ~ Markham Contral::ting Co., Inc. 22820 N. 19th Aven ue Phoenix, Arizona 8.;021-'312 (623) 889-9100 Fax: (823) f189.S400 Project: Spr'ing8 G SlIverbe!l location: Marana, AZ. L DESCRIPTION OUANT1TY UNIT PRiCE TCn-.L PR:CE Willt., --j Water connection , EA $ 1,100.00 $ 1,100.('0 i 12" PVC 3535 LF $ 18.00 $ 65,43O.CO I 12" DIP 80 LF S 28.00 $ 2.240.<:0 ~ 12" Valve 15 EA $ 1.200.00 $ ~6000.00 . 12" Fittings 3.2' EA $ 495.00 S 15.840.00 Hvdrant 9EA $ 1 800.00 S 16,200.00 2" Water service 6 EA $ SSC.OO I $ 3.480.00 2" lrrlgat!on service 3 EA $ 580.00 S 1.740.00 2" AJt relief valve 1 EA S , 4ro.OO $ 1,45Q.O~ J 112" Vertical reaU~nme:1t 11 E.A S 1,750.00 $ 1,750.0U ~ 02" Schedule 40 PVC watei 1100 LF S 7.25 $ 7.97E.OO I . 2 1/2" Schedule 40 PVC 'hliter 4500 LF .$ 8.25 $ 37.125.00 I .. 12" Reduced preSiJre backfiow preventer 9 EA S 910.00 $ 8,190,00 Water Total $ 180,520, O~l Drainage i 24" eMF 80 IF $ 32.00 $ 2,660.00 36" RGRCP l= 56C LF $ 62.00 $ 34,720.00 .. 48" RGRCP Class 3 200 LF $ 98.50 $ 19,700.00 4' M3I"\hole 1 EA $ 1.950.0C $ 1,950.00 . Grouted rip mo 1S Cy $ 387.00 $ 5.805.00 . Gurite No Bid I Dmlnage Total $ 64,735.00 Sewer Sewer connections 1 EA $ 2,000.00 $ 2,000.00 Remove ~ O. PVC 4S LF $ 14.00 $ 630.00 , Install 10" DfP 45 LF $ 32.00 S 1,440.DC i Remove and replace CO:1crete colfsr ~ lS $ 480.00 $ 480.00 : Adiust manhole 1 EA $ 260.00 $ 250.00 I 8"PVC 3225 ELF $ 16.00 $ 51,eoo,ool 4" Sewer servtca t 29 EA $ 500.00 $ 14,500.00 4' Manhole 34 EA $ 1 :r80.00 $ 60.520.00 Traffic Control 1 LS $ 780.00 lli 780.,:)0 Sewsr Total $ i 32200,00 I MobIIIZlIfjOf'l I 1 LS I $ 2,400.00 $ 2,400.00 MobUizatfon iota} $ 2,400.00 . I I I GRAND TOTAL $ 379,855.CO .. [,1 !lnotes addltonallt9ms included from the oriinal ra ass: -..r"'-- ;' ...- ../ ,.- v v" V _/ v/ ",/ .,/' V- I V ./ v/ i./ v .. v. ;,/" 9 P P L/ ../ \.... ./ ... ,...,' -/ ./ 1/ - :/ - ./ =..l - '" / .- .../ - - - - EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] THIS AGREEMENT WILL BE RE-RECORDED AT THAT TIME ~ ... 4 z 3 Silverbell 290 Ltd Partnership 14