HomeMy WebLinkAboutResolution 2002-034 agreement with kb home for construction of water facilitiesMARANA RESOLUTION NO. 2002-34
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 KB HOME TUCSON INC. FOR CONSTRUCTON OF WATER
FACILITIES UNDER PRIVATE CONTRACT.
WHEREAS, KB Home Tucson Inc. intends to facilitate the development of that certain
property to be called StoneRidge 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 KB Home Tucson Inc. (the "Agreement"); and
WHEREAS, KB Home Tucson 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, KB Home Tucson 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.
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 bythe Mayor and Council of the Town of Marana, Arizona, this
19th day of March, 2002.
ATTEST:
Town Clerk
Marana, Arizona Resolution No. 2002-34
EXHIBIT "1"
Marana. Arizona Resolution No. 2002-34
F. ANN RODRIGU~ RECORDER
RECORDED BY: D
DEPUTY RECORDER
7864 PE3
DOC~T: 11797
PAr 2191
NO. vF PAGES: 11
SEQUENCE: 20020910737
05/10/2002
AG 16:40
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID
$
11. 00
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT
,77 THIS AGREEMENT, authorized by Chapter 14 ofthe Marana Municipal Code, made and entered into this
..1. 9/"'day of ~a)aL , 2002, by and between the TOWN OF MARANA, hereinafter called the Town,
and KB Home Tuc on 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 (Block 11, StoneRidge, Continental Reserve) described on Exhibit "A" 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 (l) The water facility will be a Protected Main per Plan No.
conditions outlined in Section VII of this Agreement.
and, therefore, will be subject to the
N/ A (2) The water facility will be a protected booster per Plan No.
conditions outlined in Section VIII ofthis agreement.
and, therefore, will be subjected to the
X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable Fees as authorized by The
Marana Municipal Water Code.
X (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 ofthe development fee is required prior to water service connection to the system.
NI 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 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.
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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).
Reimbursement payment shall be initiated upon "final acceptance" of the facilities by Town.
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X (7) The installation charge for each 5/8 inch meter will be $1100. (eleven hundred dollars).
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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 possession 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-OI08-032D 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 by the Town and by this reference made a part
hereof. The document referenced herein as Plan No. ENG-OI08-032D 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 herein.
4. No service connections will be made until the system has been accepted by the Town in accordance with
the Marana Municipal Water Code.
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.
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. _
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7. The Applicant shall furnish all labor, materials, equipment, supplies and tools required to complete the
work herein permitted.
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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 which 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 -f
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.
Page 2 of8
II. ENGINEERING AND INSPECTION
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.
2.
hereunder.
Any inspector authorized by the Town shall have full inspection authority over the work to be performed
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 normal 40 hours in a work period, or on a legal holiday as defined in 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.
m. 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 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 Applicant's contractors employees.
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N. CONSTRUCTION
1.
The Town shall be notified of the 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.
Page 3 of8
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.
after paving.
The Applicant shall identifY and locate all water valves prior to paving and set valve boxes to final grade
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.
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, 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 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 years 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 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 he will remain responsible for raising/lowering said services as required until the area described in 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.
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THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. S38-511.
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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 prior written consent of the
Town.
IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper
officers hereunto dully authorized, and the Town has caused this instrument to be executed by its proper officers thereunto
duly authorized, all as of this day and year first above written.
KB Home Tucson Inc
Applicant
By~il~-~..... - .;/"!::>SIJ4#f.-t ~C'H~~1
Signature Title
5780 North Swan Road, Tucson Arizona 85718
Mailing Address
ATTEST:
STATE OF ARIZONA)
) SS.
COUNTY OF PIMA )
1<D On this, the 11 th day of March, 2002, before me the undersigned officer, personally appeared
f:>El'<-TA, fp.~ () ~ Ei: , 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.
My Commission Expires: 8
OfFICIAl. srAl.
SIEMN E. BRONC
...., Mlle. State of Mm.
PIMA COUNTY
IIr c.m. ElIpires Au~ 6. 2005
Notary Public
Au G (,1ST lc I ?OO~
APPROVED FOR: THE TOWN OF MARANA
BY:
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Mayor
Town of Maran a
13251 N. Lon Adams Road
Marana, AZ 85653
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ACKNOWLEDGMENT
State of Arizona
County of Pima
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This instrument was acknowledged before me this 19th day of March, 2002, by
Bobby Sutton, Jr. as Mayor of the Town of Marana.
My Commission Expires:
@8/d9/03
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.. OFFICIAL SEAL
~ MAf~GARET LYNN WARDE
Notary Public - Arizona
PIMA COUNTY
My Comm. Exp. Aug. 29, 2003
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EXIDBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
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I GlW'HIC SCALE
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MAR-11-2002 04:42PM
FROM-MORRISON ~Lu;RLE PHOENIX
+6022449472
T-449 p,OOa/004 F-aOO
STONERlDGE
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Lent Description
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Block 11 of the Final Block Plat of Continental Reserve as recorded in Book 53 of Maps, Page 35,
Records of Pima County, Arizona.
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MAR-ll-Z00Z 04:4ZPM FROM-t.<<iRRISON "~RLE PHOENIX
+60ZZ44947Z
T-449 P,OOZ/004 F-BOO
EXHIBIT "B"
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INCORPORATION BY REFERENCE OF TIlE
PLANS AND SPECIFICATIONS OF THE
ON..SITE WATER FACILITY
TO BE CONSTRUCTED BE~ER
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Reference is hereby made to those certain 24" X 36" engineering drawings of the On~Site Water Facility Plans, I Copies
of such engineering drawings may be reviewed at Maranals offices. Applicant will provide engineering drawings of the
On-Site Water Facility in electronic format Such engineering c3rawiniS maybe ttlore specifically described as follows:
Improvement
Continental
01-10-02 'by
Phoenix~ AZ
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Plans for Stoneridge Lots 1 thrnuqh
Reserve - Water PlaDs consisting of
MOrrison-Maierle, Inc., 120 N. 44th
85034 ENG010e-O~2D
71., ~1 nt!~ 11
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shp~r~ 1_1~ narpn
Street, Suite 410,
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[l'l....e provide a detailJ description oftbe Plano and SpecifWatiom including the date and the code ownber of e
Plans and the name of the Engineering firm which prepared the same.]
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EXHIBIT "e"
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.
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MAR-I 1-2002 04:42PM FROI,H,(IRRISON '':RLE PHOENIX
+6022449472
MORRISON MAJERLE, INC.
120 N. 44th STREET
Suite 410
PHOENIX, AZ.85034
602.244.9662
STONERIDGE
NO. OF LOTS 71
TOWN OF MARANA
3/11/2002
KB HOMES
GROSS AC.
MULTI FAMfLY
GROSS RES. AC.
NET RES. AC.
17.58
o
17,58
15.95
RES, OPEN SPACE
DUlAC 4.04
JOB NUM.
T-449 P,004!004 F-BOO
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PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COSTS. WATER SYSTEM
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DESCRIPTION
COST
CODE
430 WATER
8ft WATER MAIN
8ft GATE VALVE
S"WATER MAIN
6" GATE VALVE
FIRE HYDRANT
3/4" SERVICE
aUANTITY
UNIT
UNIT
PRICE
1450 LF S 20.00 $
3 EA $ 600.00 $
1500 LF $ 16.00 $
4 EA $ 600.00 S
6 EA $ 1,750.00 $
71 EA $ 400.00 $
$
TOTAl.
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Sit
ITEM
TOTAL
29,000.00
1,600.00
24.000.00
2,400.00
10.500.00
28,400.00
96,100.00
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