2017-11-17 IGA - SILVER SADDLE - COUNTY-TOWN-UCFD - FINAL.DOCX
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When recorded return to: Maricopa County Real Estate Department Attn: Director 2801 West Durango Street Phoenix, Arizona 85009 INTERGOVERNMENTAL AGREEMENT FOR THE USE OF REAL PROPERTY AMONG MARICOPA COUNTY AND TOWN OF CAREFREE AND TOWN OF CAREFREE, ARIZONA UTILITIES COMMUNITY FACILITIES DISTRICT Maricopa County #C-78-18-007-3-00 G-30203 This Intergovernmental Agreement (“IGA” or “Agreement”) is entered into by and among MARICOPA COUNTY, a political subdivision of the state of Arizona (“County”) and the TOWN OF CAREFREE, an Arizona municipal corporation (“Town”), and the TOWN OF CAREFREE, ARIZONA UTILITIES COMMUNITY FACILITIES DISTRICT, a special purpose tax-levying district and municipal corporation and political subdivision of the State of Arizona (“District”) and is effective as of the last date executed below (“Effective Date”). The County, Town, and District are sometimes referred to herein collectively as “Parties” and individually as a “Party.” The District and Town are sometimes collectively referred to as “Carefree”. RECITALS WHEREAS, District owns certain real property located in Maricopa County, Arizona more specifically described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, District’s subsidiary, the Carefree Water Company, Inc. (“Water Company”), jointly utilizes the Property for the primary purpose of providing water to its service area; and 1 020760.002/45884483.2 WHEREAS, District’s may choose to assign any of its obligations under this Agreement to its subsidiary, the Water Company; provided, however, that such assignment shall not relieve the District of its responsibilities or obligations under this IGA; and WHEREAS, District desires to make available to County a portion of the Property and reasonable driveway access to the Property; and WHEREAS, County desires to use a portion of the Property for the development, operations, and maintenance of certain communication systems and equipment which will improve communications for the benefit of County and Carefree for public safety and welfare; and WHEREAS, Town desires to use portions of County’s emergency communications system that County plans to link to the Property; and WHEREAS, County desires to make available to Town connectivity to County’s emergency communications system; and WHEREAS, County, as partial consideration for the mutual covenants and agreements of this IGA, desires to be financially responsible for payment of utility fees for the County and Carefree improvements that are existing on the Property as of the date of the execution of this Agreement and the County communication system that will be built by the County as set forth herein; and WHEREAS, District desires to retain the option of making available non-encumbered areas of the Property to third party entities; and WHEREAS, County is authorized by A.R.S. § 11-951 et seq. to contract for services or jointly exercise any powers common to the Parties and to enter into agreements with other government entities for joint cooperative action; and WHEREAS, Town and District are authorized to enter into this Agreement pursuant to A.R.S. §11-952. TERMS OF AGREEMENT NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals. The Recitals, by this reference, shall be incorporated herein and are made a part of this Agreement. 2. Term. The term of this IGA shall be for ten (10) years from the Effective Date unless sooner terminated as provided for in this Agreement. 2.1 Option to Renew. Provided this Agreement is in full force and effect and County is not in default under any of the terms and conditions of this IGA at the 2 020760.002/45884483.2 time of notification of its desire to renew, Carefree hereby grants County a one- time option to renew this IGA for a period of ten (10) years on the same terms and conditions of this Agreement unless otherwise agreed to by the Parties in writing (“Option”). 2.2 Exercise of Option. If County elects to exercise the Option, County shall provide Carefree with written notice no later than the date which is one-hundred eighty (180) days prior to the expiration of this IGA. If County fails to provide such notice, Carefree (both Town and District) shall each have, as individual parties to this IGA, no further or additional obligation to extend this IGA. 3. Use of Property. Any use of the Property by County shall be for the public safety and welfare. District hereby authorizes County the ability to use a portion of the Property and access the Property for the development, operation and maintenance of communications systems and equipment installed by County as outlined in Section 3.1 of this IGA (“County’s Equipment”). District shall provide County with reasonable access to, and parking at, the Property. This IGA does not expressly or impliedly authorize County to install additional communications systems and equipment on the Property. Should the need arise for County to construct and/or install additional communications systems and equipment on the Property (“Additional Equipment”), County shall obtain the prior written approval of District in the form of an amendment to this IGA, or in the form of a separate agreement, before Additional Equipment is constructed and/or installed at the Property. 3.1 Equipment to be Installed and Constructed by County. District authorizes County to install and/or construct the following at the Property as shown in Exhibit “B” which is attached hereto and made a part hereof: i) removal of portions of existing wrought iron fencing and replacement with new cement masonry unit retaining wall and new wrought iron fence; ii) new 45-kW generator mounted on new concrete pad; iii) new 11’-8” by 16’-0” equipment building; iv) new concrete stoop at equipment building entrance door; v) multiple new safety bollards; vi) new 1000-gallon propane fuel storage tank mounted on new concrete pad; vii) new underground coaxial cable in two (2) 4” diameter conduit; viii) new 25’ high stealth cactus antenna with concrete foundation; ix) new underground conduits for fuel lines, monitoring circuits and power lines; x) new paved driveway designed for heavy vehicle use; and xi) a new paved hammer head turnaround; xii) other appurtenances as shown and detailed on Exhibit “B”. County shall use customary care during the installation and construction of County’s Equipment and/or Additional Equipment. County shall coordinate the schedules for the installation and construction of County’s Equipment and/or Additional Equipment with the herein named representative of District. County shall provide to Town 8 (eight) portable radios and 8 (eight) battery chargers, at no cost, and agrees to provide the necessary maintenance and access to an agreed upon County provided frequency band for the term of the Agreement. 3.2 Maintenance of County’s Equipment. County shall be responsible for the maintenance of the County’s Equipment and Additional Equipment, subject to 3 020760.002/45884483.2 availability of funds. 3.3 Maintenance of Access Driveway. District shall be responsible for the maintenance of the access driveway to the Property, subject to availability of funds. If County uses the access driveway for the installation of any underground utilities, County shall repair any trenching utilizing MAG Standard Detail 200-1, Type A Trench Repair, followed by a full width slurry seal coat in accordance with MAG Specification Section 332. All pre-existing potholes shall be filled/repaired prior to the slurry seal coat operation. 3.4 District’s Equipment and Use of Property. All District’s use of the Property shall be deemed critical to the delivery of water to the Water Company’s service area. County shall not interfere with the critical operations of District and Water Company. County shall exercise cooperation and reasonable efforts to configure and co-locate its facilities and equipment at the Property in such a manner as to not interfere with District’s and Water Company’s equipment (“District’s Equipment”) or District and Water Company’s use of the Property. County and District shall work cooperatively to integrate the migration and installation of the Water Company’s Supervisory Control and Data Acquisition (“SCADA”) equipment within the County’s improvements. District and Water Company shall have access to County’s emergency communications system and equipment building as approved by the representative of County, which approval shall not be unreasonably withheld. Notwithstanding the above, District shall have the sole review and approval authority over the County’s use of the Property. 3.5 Third Party Use of Property. County shall cooperate with District and any third-party entity having a legal right to use the Property. District shall reasonably ensure that any third-party use of the Property shall not interfere with County’s installation, construction, operation and maintenance of the County’s Equipment and the Additional Equipment and County’s use of the Property. County has priority to use the Property, but shall cooperate and coordinate with other authorized third-party users. 3.6 Construction and/or Installation of County’s Equipment and Additional Equipment. County shall be responsible for design, construction and installation of County’s Equipment. County shall be responsible for construction of a driveway extension to the Property and a hammer head turnaround at the Property. County’s ability to construct and/or install County’s Equipment is subject to District approval and contingent upon County obtaining all legally required permits and approvals. Approval by District for County’s construction and/or installation of County’s Equipment and the Additional Equipment, if any, shall not be considered the granting of any permit or receipt of any type of building permit approval from Town or other required permits. Upon completion of County’s installation and construction at the Property, County shall provide a copy of the as- builts to District. County shall ensure that the construction or installation of Additional Equipment shall not cause interference with the District’s Equipment 4 020760.002/45884483.2 and the Parties shall work together to ensure the County’s Equipment and the Additional Equipment, if any, works without interference. 3.7 Limited Use. The use of the Property pursuant to the terms of this IGA shall be for development, operations and maintenance of communications systems and equipment for the public safety and welfare and those uses necessary to operate the County’s Equipment or Additional Equipment. County shall not use the Property, the County’s Equipment or the Additional Equipment, if any, for any use not authorized herein. This IGA may be revoked by District if the unauthorized use is not corrected within sixty (60) days after written notice by District to County to abate any unauthorized use. If the IGA is so revoked, County shall cease use of the Property and take appropriate action as authorized by District to remove the County’s Equipment or the Additional Equipment, if any, from the Property. 3.8 Utility Work. District retains the right to control utility access and utility work throughout the Property. Reasonable notice shall be provided to District prior to any utility work for County on the Property and such installation or changing of utilities shall be coordinated with District to minimize any downtime. Relocation of any existing facilities by County shall be coordinated with, and prior written approval obtained from, District. 3.9 Utility Fees. County, at its sole cost and expense, shall and hereby agrees to; i) secure its own relationship with necessary utility providers; ii) install a separate electric meter to serve the County communication system and the Carefree improvements existing as of the date of execution of this Agreement, iii) perform all work to connect the Carefree improvements to the County’s new electrical service; and iv) pay the utility providers directly for said service with Carefree indemnified for any non-payment. The District and County also agree to coordinate with the County’s utility providers during their design process. The District agrees to grant all required utility easements for service. 3.10 Security. District shall ensure the security of the site consistent with the currently existing perimeter wrought iron fencing and locked gates and will not allow unauthorized persons to have access thereto. District shall not be required to provide enhanced or upgraded security above and beyond what currently exists at the site. District may allow from time to time private contractors on the site to perform maintenance or construction activities related to District’s function of providing water to Water Company’s service area. Similarly, District may allow from time to time third-party entities who have the legal right to co-locate and use the Property access to the Property for purposes of installation, construction, operation, or maintenance of third-party’s equipment. 4. Fees for Property Use. The County will develop, operate, and maintain certain communication systems and equipment on the Property which will improve County and Town public safety and welfare communications. The County shall pay the utility fees for Carefree’s improvements existing on the Property as of the date of the execution of this Agreement for so 5 020760.002/45884483.2 long as this Agreement remains in full force and effect. 5. Ownership of Equipment. Subject to the following exceptions, it is expressly understood and agreed that County retains title to the County’s Equipment and the Additional Equipment, if any, and County may modify, replace or remove such equipment when necessary as determined by County pursuant to the terms of this Agreement. The Parties acknowledge that all equipment and improvements of County shall be deemed personal property of County. Exceptions to this are as follows: i) wrought iron fencing and retaining walls, ii) all “flatwork” including, but not limited to concrete pads, asphalt pavement, slurry seal, other concrete work, etc., iii) safety bollards, and iv) underground conduits specifically used for Water Company’s SCADA and communication, all of which become the property of the District upon completion of County’s construction on the Property. 6. Compliance with laws. County agrees to comply with all federal, state and local statutes, laws, ordinances, rules, and regulations which relate to the construction, reconstruction, management, operation and maintenance of County’s Equipment or the Additional Equipment, if any. County shall obtain all licenses and permits and pay all taxes, assessments, fees and other expenses of any nature, associated with the construction or installation of County’s Equipment and the Additional Equipment, if any, as well as the management, operation and maintenance of County’s Equipment or the Additional Equipment, if any. 7. Entry and Inspection. With reasonable notice to the County, District shall have the right to inspect County’s Equipment and the Additional Equipment, if any. 8. Litter and Trash Removal. All trash and debris on the Property caused by County must be removed from the site by County and disposed of in an appropriate manner. 9. Environmental Compliance. If County’s activities result in adverse environmental impacts, County will be fully accountable for any resulting site assessment and cleanup cost required to restore the Property. Carefree will not seek compensation or restitution from County as a “Potentially Responsible Party” for any release of a contaminant/hazardous substance on the premises prior to the effective date of this IGA. 9.1 Regulated Uses. Subject to the provisions set forth herein, the Parties agree that County may use, generate, store, and properly dispose of any hazardous material at or on the Property as long as it is solely for the construction and/or installation, operation and maintenance of County’s Equipment or any Additional Equipment and its use is approved by the District. County, in writing, shall provide to District for approval a complete list identifying all hazardous material or petroleum products and approximate quantities to be brought on site and when such products will be removed. District’s approval or denial of the items on this list shall be in writing within calendar 30 days of the date of receipt and shall include a reason for denial of any item. 6 020760.002/45884483.2 Additionally, County shall prepare and implement any necessary remediation action plan in accordance with all applicable federal, state, and city statutes, laws, ordinances, rules and regulations. County shall keep Material Safety Data Sheets documents for those materials and products approved to be on-site by the District. County shall report to District within twenty-four (24) hours of knowledge of any event or occurrence at the Property which may or does result in pollution or contamination adversely affecting lands, water or facilities owned or managed by District including the facilities which are subject of this IGA. Management and proper disposal of all hazardous material is the responsibility of County. County must keep appropriate and required documentation relating to the management and disposal of all hazardous material. 10. Insurance. 10.1 If, during the term of this IGA, any property, buildings, fixtures, equipment or improvements under control of County shall be destroyed or damaged in whole or in part by fire or any other cause, except condemnation, County shall give immediate notice to District. County shall immediately secure the area to prevent injury, vandalism and further damage to person, improvements and contents thereof. County may restore the premises to the extent permitted by County’s risk management process. If the County’s Equipment or the Additional Equipment, if any, is capable of restoration within one hundred and eighty (180) days, this IGA shall continue in full force and effect. If County can demonstrate, that County’s Equipment and the Additional Equipment, if any, are not capable of restoration within 180 days, County shall have the right to terminate this IGA or install a temporary facility for such length of time as necessary to complete restoration and resume operation. If County’s Equipment or Additional Equipment, if any, will be restored, County shall, as soon after damage as possible, apply for all required permits of whatever nature to restore damaged improvements, and complete restorations within a reasonable date mutually agreeable to the Parties. Should such damage or destruction occur within twelve (12) months of the IGA’s normal termination date, the Parties may mutually agree to the extent of the restoration, if any. 11. Indemnification. Except as otherwise expressed herein, each party (as “indemnitor”) agrees to indemnify, defend and hold harmless the other party (as “indemnitee”) from and against any and all claims, demands, suits, actions, proceedings, losses, liability, costs, expenses, or damages of every kind and description (including reasonable attorney’s fees and/or litigation expenses) (hereinafter collectively referred to as “claims”) on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to by reasons of any alleged act, omission, professional error, fault, mistake or negligence of employees, officers, directors, agents, representatives, or contractors, their 7 020760.002/45884483.2 employees, agents, or representatives of a Party in connection with or incident to the performance of this Agreement. The obligations under this paragraph shall survive the termination of this Agreement. 12. Conflicts; Termination. This IGA is subject to A.R.S. §38-511 and may be cancelled pursuant thereto by any of the Parties. This IGA may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to the other Party. This IGA may also be terminated by any Party for any reason by written notice at least twelve (12) months prior to the effective date of such termination (“Early Termination”). In the event County initiates Early Termination, County shall leave County’s Equipment and the Additional Equipment, if any, at the Property. In the event Carefree (Town or District or both), initiates Early Termination, County shall remove County’s Equipment and the Additional Equipment, if any, that lies above grade. District may grant County written authorization for County to not remove any portion of County’s Equipment and the Additional Equipment, if any. 13. Default; Remedies. 13.1 County Default. Each of the following shall constitute a material breach of this IGA and an event of default by County (“County Event of Default”) hereunder: County’s failure to observe or perform any of the material covenants, conditions or provisions of this IGA to be observed or performed by County, where such failure shall continue for a period of sixty (60) days after County receives written notice thereof from District, or such additional period of time thereafter as County and District may agree in writing and may be reasonably necessary under the circumstances to cure such default, if County commences to cure such default within said sixty (60) day period and thereafter diligently proceeds to cure such default. 13.2 District Remedies. In the event County fails to perform any of its material obligations under this IGA and is in default pursuant to Section 13.1 of this IGA, District may, at its option, terminate this IGA. Further, upon the occurrence of any County Event of Default and at any time thereafter, District may, but shall not be required to, exercise any remedies now or hereafter available to District at law or in equity. 13.3 District Default. Each of the following shall constitute a material breach of this IGA and an event of default by District (“District Event of Default”) hereunder: District’s failure to observe or perform any of the material covenants, conditions or provisions of this IGA to be observed or performed by District, where such failure shall continue for a period of sixty (60) days after District receives written notice thereof from County, or such additional period of time thereafter as District and County may agree in writing and may be reasonably necessary under the circumstances to cure such default, if District commences to cure such default within said sixty (60) day period and thereafter diligently proceeds to cure such default. 8 020760.002/45884483.2 13.4 County Remedies. In the event District fails to perform any of its material obligations under this IGA and is in default pursuant to Section 13.3 of this IGA, County may, at its option, terminate this IGA. Further, upon the occurrence of any District Event of Default and at any time thereafter, County may, but shall not be required to, exercise any remedies now or hereafter available to County at law or in equity. 13.5 Town Default. Each of the following shall constitute a material breach of this IGA and an event of default by Town (“Town Event of Default”) hereunder: Town’s failure to observe or perform any of the material covenants, conditions or provisions of this IGA to be observed or performed by Town, where such failure shall continue for a period of sixty (60) days after Town receives written notice thereof from County, or such additional period of time thereafter as Town and County may agree in writing and may be reasonably necessary under the circumstances to cure such default, if Town commences to cure such default within said sixty (60) day period and thereafter diligently proceeds to cure such default. 13.6 County Remedies. In the event Town fails to perform any of its material obligations under this IGA and is in default pursuant to Section 13.5 of this IGA, County may, at its option, terminate this IGA. Further, upon the occurrence of any Town Event of Default and at any time thereafter, County may, but shall not be required to, exercise any remedies now or hereafter available to County at law or in equity. 13.7 Failure of the County or District to maintain County’s Equipment and/or the access driveway as set forth in Sections 3.1 and 3.2 of this Agreement due to a lack of funds shall not be considered a default under this Agreement. 14. Notice Addresses. All notices herein required to be given to County in writing and shall be sent to County at: Maricopa County Real Estate Department Attn: Director 2801 W. Durango Street Phoenix, Arizona 85009 Notices to Town shall be sent to: Town of Carefree Attn: Gary Neiss, Town Administrator 8 Sundial Circle P.O. Box 740 Carefree, AZ 85377 9 020760.002/45884483.2 Notices to District shall be sent to: Town of Carefree, Arizona Utilities Community Facilities District c/o Carefree Water Company Attn: Greg Crossman, General Manager 7181 Ed Everett Way P.O. Box 702 Carefree, AZ 85377 14.1 Notice Requirements. All notices required or permitted by this IGA or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by first class, certified mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this Section 14.1. The addresses specified in Section 14 shall be that Party’s address for delivery or mailing of notices. Any Party may, by written notice to the others, specify a different address for notice. 14.2 Date of Notice. Any notice sent by certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by first class mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. 15. Return of Premises. At the expiration of this IGA or early termination pursuant to the terms set forth herein, County shall return the Property to District in a reasonable condition, normal wear and tear excepted. County shall remove all above grade improvements prior to the expiration or may abandon certain above grade improvements in-place with the approval of the District. 16. Agreement as License. The Parties intend and mutually agree that this Agreement shall be construed as a mere license for County to operate within the Property. This Agreement shall not be construed as a lease, sublease, rental agreement or easement. It is understood and mutually agreed that County has no interest whatsoever in the Property and that District may require County to move its systems and equipment to another area on the Property should they interfere with District’s systems and equipment. 17. No Assignment. County shall not assign any of the rights received pursuant to the terms of this IGA without the prior written consent of Town and District. 18. Time is of the Essence. Time is of the essence of this IGA. If the date for performance of any obligation hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday or legal holiday of the State of Arizona, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or a legal 10 020760.002/45884483.2 holiday. Unless otherwise specifically indicated to the contrary, the word “days” as used in this IGA shall mean and refer to calendar days and not business days. 19. No Partnership or Joint Venture. Nothing contained in this IGA shall create any partnership, joint venture or other arrangement among the Parties. Except as expressly provided herein, no term or provision of this IGA is intended or shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder. 20. Venue; Governing Law. The proper venue for any proceeding at law or in equity or under the provisions for arbitration shall be Maricopa County. This IGA shall be construed in accordance with and be governed by the laws of the State of Arizona. 21. Entire Agreement. This IGA, together with any exhibits attached hereto and any agreements executed contemporaneously herewith, constitutes the entire agreement between the Parties and sets forth all of the covenants, promises, agreements, conditions and understandings among the Parties, and there are no covenants promises, agreements, conditions or understandings, either oral or written, among the Parties other than as set forth herein. This IGA shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this IGA. This IGA cannot be modified or changed except by a written instrument executed by the Parties. The Parties have reviewed this IGA and have had the opportunity to have it reviewed by legal counsel. 22. Waiver. Waiver of any breach of any term, conditions or covenant herein contained shall not be deemed to be a waiver of any other term, condition or covenant herein, or of a subsequent breach of any term, covenant or condition herein. Any Party’s consent to, or approval of, any subsequent or similar act shall not be deemed to render unnecessary the obtaining of that Party’s consent to, or approval of, any subsequent or similar act by another Party, to be construed as the basis of an estoppel to enforce the provision or provisions of this IGA requiring such consent. 23. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law, but if any provision shall be invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 24. Authority to Execute. Each Party warrants that the person signing this IGA has the authority to do so. 25. Headings. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 26. Cooperation. The Parties agree to execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by the Parties pursuant to this IGA. 11 020760.002/45884483.2 27. Counterparts. This IGA may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto are upon the same instrument. 28. Not Binding Until Signed. Submission of this instrument for examination shall not bind the Parties in any manner, and no obligation on any Party shall arise until this IGA is fully executed by the Parties and delivered to each Party. 29. Delegation of Authority. Since this IGA will require administrative action from time to time, including execution of documents, in order to carry out the intent of the Agreement, the Director of Real Estate for Maricopa County is hereby given individual authority and charged individually with the responsibility for proper administration of this IGA, whether or not specific authority is granted in any provision of this IGA. Similarly, the Carefree Town Administrator and the Chairman of the Board/President of the District are hereby each given individual authority and charged individually with the responsibility for proper administration of this IGA for the Town and District, respectively, whether or not specific authority is granted in any provision of this IGA. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 12 020760.002/45884483.2 IN WITNESS WHEREOF, the parties have signed this Agreement TOWN OF CAREFREE MARICOPA COUNTY By: ____________________________ By: Mayor Chairman of the Board ATTEST: ATTEST: Town Clerk Clerk of the Board TOWN OF CAREFREE, ARIZONA UTILITIES COMMUNITY FACILITIES DISTRICT By: Chairman of the Board of Directors/President ATTEST: Secretary/Treasurer APPROVED AS TO FORM: APPROVED AS TO FORM: Town Attorney Date Deputy County Attorney Date APPROVED AS TO FORM: District Attorney Date 13 020760.002/45884483.2 EXHIBIT “A” The Property APN 216-25-094A (North Property) APN 216-25-093B (South Property) 14 020760.002/45884483.2 EXHIBIT “B” Equipment to be Constructed and Installed by County See Attached Plans Dated _____________________ 15 020760.002/45884483.2