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HomeMy WebLinkAboutResolution 2002-133 agreement with canoa development for construction of water facilitiesMARANA RESOLUTION NO. 2002-133 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND CANOA DEVELOPMENT, INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PR/VATE CONTRACT. WHEREAS, Canoa Development, Inc. intends to facilitate the development of that certain property to be called Block 10 at Continental Reserve (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Canoa Development, Inc. (the "Agreement"); and WHEREAS, Canoa Development, Inc. 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 Agreement; and WHEREAS, Canoa Development, Inc. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Marana. Arizona Resolution No. 2002-133- Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and incorporated herein by this reference for construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: APPROVED AS TO FORM),..7 // /Daniel J. Hod.}(uli,'Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2002-133- Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 2002-133- Page 3 of 3 "';~ RECORDER PE4 DO(~: PAG_. NO. OF PAGES: ~3 SEQUENCE: 20022400579 ~2/~3/2002 ~6:38 11946 2739 F. ANN RODRIGU. RECORDED BY: D_K DEPUTY 7864 RECORDER SMARA TOWN OF MARANA ATTN: TOWN CLERK ~325~ N LON ADAMS RD MARANA AZ 85653 AG M.UL Al.mUNT PAID $ ~2.00 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "A/?leement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 3~ day of IJ lU'~ 1J.VL 2002, by and between the TOWN OF MARANA, hereinafter called the Town, and Canoa Development, Inc., hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Continental Reserve, Block 10, Lots 1-69) described on Exhibit "A" attached hereto; 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 subject to the conditions outlined in Section VIII of this agreement. X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. N/A (4) The system herein permitted is located within the Continental Reserve 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, 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 9 :~ 6. 2 ...., " 3 G J J 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 Water Code (or as amended thereafter). Reimbursement payment shall be initiated upon "final acceptance" of the facilities by the Town.. x (7) The installation charge for each five-eighth-inch (5/8") meter will be Eleven Hundred Dollars ($1100.00). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: 1. GENERAL 1. The Applicant shall design and install, at Applicant's own expense, a water facility in accordance with Plan No. ENG-020 1-002 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-020 1-002 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." 2. The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 1 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. ;-: "7 :~ .- w 5. 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 / ... .... f1 2 6. 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 the 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. 7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. 8. 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. 9. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one 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. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), 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. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work 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 forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. 1 :1 o. J .,. r Q 2 ? -4 ~ . 3 III. PRECONSTRUCTION PROCEDURE 1. 2. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specifY the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. IV. CONSTRUCTION 1. The Town shall be notified ofthe date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. 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 on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." 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 existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. J .: ..... . 5 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. . . .r if ....... .- =- 4 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 or alleged to have arisen, 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 or operations pursuant to this Agreement. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. VII. PROTECTED MAIN (NIA) 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 Water 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. 1 ... ~-= 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: D 2 '7 4 - . .... 5 (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 Water Code and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro-rata share of the refundable portion of the cost of the 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. 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 Water 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 Water Code and shall be refunded to the Applicant. 9 (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. ,. b (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, ? n .r .... -... -4 6 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. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. S38-511. [The remainder of this page intentionally left blank] .. , ... 1 "'j "Ii .. h '-'" '"'Jo =- .; 4 =- :::; 7 IN WIlNESS 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. BY: CANOA DEVELOPMENT, INC. .~~ Signature ' ,Title (Y1 <l '()L ~,~ -tfb,e, 1/, 'ce P(e>5: ,/ Print Name 310 S. Williams Blvd., Suite 340 Tucson, Arizona 85711 STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) ~th III. J On this, the <? day of IIJtJ~m/Jer: 2002, before me the undersigned officer, personally appeared In ~ r k' ,g, ~~ 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 WIlNESS WHEREOF, I have hereunto set my ~ffiCial s~ Notary Public My Commissio NANCY DUFOUR ~ Notary Public - Arizona 9 Pima Coun1y "- My Commission Expires Feb. 14, 2003 THE TOWN OF MARANA By: 1 Its: 9 '" ..... APPROVED AS TO FORM ATTEST: 6 By: As (l, ? 4 "- : : 8 EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 1 9 4 c. ;"J . . / -4 .... / 9 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 firm which prepared the same.] i ~ 1 9 ... .q b ? ? 4 8 10 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: N/A [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name ofthe Engineering firm which prepared the same.] r. J -4 6 ....... Z ? 4 9 11 EXHIBIT "D" 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. 1 ... :J 4 r o 2 ..... -/ ~ ....... !a 12 EXHIBIT "E" ACTUAL COST OF ON-SITE WATER FACILITIES [To be attached at time of completion.] N/A 1 '9 4 .r- ...... W ? ~ 1 13