AGREEMENT RE SHARED WELL WITH AAEC.PDF

SHARED WELL WATER AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
ARIZONA AGRIBUSINESS AND EQUINE CENTER, INC.
This Shared Well Water Agreement hereinafter referred to as "Agreement," is entered
into between Maricopa County, a political subdivision of the State of Arizona, acting by and
through its Board of Supervisors (hereinafter referred to as "County,") and Arizona Agribusiness
and Equine Center, Inc. an Arizona educational non-profit corporation, (hereinafter referred to
as "AAEC"). County and AAEC are collectively referred to as "Parties" or individually as a
"Party."
RECITALS
WHEREAS, the County and AAEC previously entered into a Purchase Sale Agreement
("PSA") dated October 31, 2012, for the purchase of the property formally known as "Bowtie
Property" ("Parcel"); and
WHEREAS, the County owns an active well (the "Well") which lies on County-owned
property situated to the east of the Parcel and the County owns a water distribution line (the
"Distribution Line"), which together the Well and Distribution Line are defined as the "Well
System", and which Distribution Line runs under the Parcel to which MEG, as part of the PSA,
provided the County a water easement for the non-exclusive right, privilege and use as shown
in attached "Exhibit A" (the "Waterline Easement") which is made a part hereof; and
WHEREAS, the County now believes it is in the best ecological interest of County to
provide AAEC access to the Well System for supplying irrigation water and non-potable water to
AAEC's Parcel; and
WHEREAS, the Parties desire to evidence their agreement relative to supplying of water
from the Well, to share all costs of supplying water from the Well and to share in the operation
and maintenance responsibilities of said the Well.
AGREEMENT
NOW THEREFORE, pursuant to the authority granted by A.R.S. §11-933, the County
and the AAEC agree as follows:
1. PURPOSE OF AGREEMENT
1.1 County agrees to provide certain rights to AAEC to the water from the Well as
outlined in this Agreement solely for the purposes of irrigation and non-potable
water uses on the Parcel.
Coatracts/ParadiseVal1e0Vell/AAEC Shared Wel( Agreement

2. SCOPE OF WORK
2.1 Water Rights
2.1.1 Well/ground water made available by County from the Well to AAEC shall
be used by AAEC only for irrigation and non-potable uses on the Parcel.
The County will allocate to AAEC on an annual basis, a not to exceed
quantity of well/ground water from the Weil, which water shall be
measured in acre-feet. Unless limited by regulatory agencies or the
capacity of the Well System, County will make available to AAEC twenty
(20) acre-feet annually per Section 2.4.2 of this Agreement; provided,
however that the County does not guarantee that AAEC will be able to
receive any, or a certain amount of, water from the Well during any
certain time period. The annual allocation period is from January 1'
through December 31 st.
2.1.2 in the event AAEC requires an annual quantity of irrigation and non-
potable water for the Parcel above the annual amount of twenty (20) acre-
feet of water from the Well, MEG shall use an alternative water source or
sources, which source(s) shall be approved by the governing agencies,
for meeting AAEC's irrigation or non-potable water supply needs for the
Parcel.. AAEC is financially and operationally responsible for all
connections required to incorporate alternative water sources into AAEC's
irrigation and non-potable water system to meet AAEC's annual water
supply requirements for the Parcel.
2.1.3 That in the event the referenced Well shall become contaminated and
shall no longer supply water suitable for irrigation, or shall no longer
supply water adequate for the needs of AAEC, or in the event that
another .source of water shall become available to AAEC, then the rights
and obligations created by this Agreement shall cease and terminate in
accordance with the terms and conditions hereinafter described and in
addition AAEC agrees that the County shall not be responsible to AAEC
for any such situation
2.2 Construction and Water Access
2.2.1 To access the Well water, MEG shall provide all requirements per
Coates Irrigation Consultants, Inc., Design Study dated February 12,
2013, attached hereto as "Exhibit EV' and made a part hereof. All costs
associated with the construction of the said requirements shall be the
responsibility of MEG.
2.2.2 Upon request of the County, AAEC shall furnish as-built drawings of the
new well line installations. All costs associated with the creation,
reproduction and distribution of the said as-built drawings shall be the
responsibility of AAEC.
2.3 Accounting and Fees
2.3.1 Water Usage Fees
Contracts/PoradiseVatley/Well/AABC Shared Well Agreement

2.3.1.1 Fees for water usage shall be based on Central Arizona Project
(CAP) approved rates for the appropriate year, based on
monthly meter readings of AAEC's usage, and shall be billed
monthly by County and shall be paid by AAEC within twenty
(20) calendar days of invoice. County will invoice AAEC, on a
monthly basis, for the amount of water consumed by AAEC, to
include the pro-rated amount of electricity required to pump the
water. The water from the Well shall be metered as approved
by County; installed and maintained by AAEC. The meter shall
be installed at a point in the Well System, approved by the
County, and in a configuration approved by County. The
amount invoiced by County shall be based upon the contracted
rate of water as if received from the (CAP) as Municipal and
Industrial ("M&I") Contract Water ("M& Contract Water Rate").
Excess water used by AAEC, if available, will be billed at the
M&I Full Water Rate, a rate determined by CAP for water used
in excess of the contracted amount.
2.3.2 Annual Use Withdrawal Fees
2.3.2.1 AAEC's use of well/ground water is limited to the annual
allocation which upon using, County has the option to
discontinue the water supply until the next annual allocation
period. County is responsible for submission of all Annual Use
Reports to the Arizona Department of Water Resources and
other reports as determined. County shall invoice AAEC
Annually for their pro-rated portion of associated fees for which
the AAEC shall reimburse County within twenty (20) days of
invoice.
2.3.3 Electrical Usage Fees
2.3.3.1 AAEC shall reimburse County for AAEC's prorated share of
cost associated with the cost of electricity to pump the water..
County shall invoice AAEC, on a monthly basis, for AAEC's
pro-rated portions of electrical costs and repair and
maintenance costs.
2.3.3.2 AAEC prorated share of electrical cost associated with the
Well System is five percent (5%) of the total electrical bill for
the Well System. Payment by AAEC of electric fees invoiced
directly from the County shall be due not later than twenty (20)
days of invoice.
2.3.4 Late Fees
2.3.4.1 County may assess AAEC a late payment fee (the "Late
Payment Fee") of ten percent (10%) of the invoiced amount
or amount payable if payment is not received by the stated
due date. County will invoice for Late Payment Fees due.
Contracts/ParadiseValley/WelliAAEC Shared Well Agreement

2.3.5 All utility payments, including Late Payment Fees, shall be mailed to:
Maricopa County Parks and Recreation Department
• Attn: Accounts Receivable
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
2.4 Maintenance
2.4.1 MEG shall promptly pay to Paradise Valley Golf Course (PVGC)
("Concessionaire") AAEC's proportionate share of all expenses for the
operation and maintenance of the Well System. AAEC's proportional
share shall be five percent (5%) of the total amount of operation and
maintenance costs.
2.4.2 AAEC shall promptly repair, maintain and/or replace all water facilities, as
it pertains to their connection point/tap to the Well System
2.4.3. County or Concessionaire on a scheduled or emergency basis will need
to shut down water delivery to complete repairs such as but not limited to,
burst pipe, preventive maintenance of water tank, and other minor items.
The County will make prior arrangements unless it is considered an
emergency so that the repairs do not interfere or cause hardship with
AAEC's operations.
Contact Information:
Well Maintenance and Piping:
Paradise Valley Golf Course
Mike Miller, General Manager
Office: 602.953.9420
Email: mmiller@scalgollcom
Electrical Distribution System:
Maricopa County Parks & Recreation
Emily Miller, Contract Administrator
Office: 602.506.3998
Email: emilymillermail.maricopa.clov
2.6 Water Conservation
2.6.1 AAEC shall incorporate water conservation measures into all planning,
development and operations. County expressly disclaims all warranties,
either expressed or implied, concerning the adequacy of water for present
or future use and it is the sole responsibility of AAEC to ensure it has
adequate water to enable it to comply with the terms, conditions and
promises contained in this Agreement or for any other of its uses.
2.7 Alternate Source of Water
Contracts/ParadiseValley/Well/AAEC Shared Well Agreement

2.7.1 In the event that AAEC is able to and does access an alternate source of
water during the term of this Agreement, AAEC shall immediately notify
County and cooperate to terminate this Agreement.
3.0 TERM AND TERMINATION
3.1 The effective date of this Agreement will be the date approved by the Maricopa
County Board of Supervisors (the "Effective Date").
3.2 The term of this Agreement shall be for a period of ten (10) years from the
Effective Date. If the parties mutually agree no later than sixty (60) days prior to
the end of the initial term, the Agreement may be extended for one (1) additional
period of ten (10) years.
3.3 Ownership of Property and Equipment upon Expiration or Termination.
3.3.1 Upon expiration, or termination, AAEC shall, at its sole cost, remove
meter, cap dedicated water distribution line to AAEC, and restore the
Water System to full functionality to County's full satisfaction within forty
eight (48) hours of expiration or termination of the Agreement. Any
restoration not completed within forty eight (48) hours of expiration or
termination of the Agreement shall permit County to complete the
required actions. AAEC shall be solely responsible for reimbursing
County for any and all reasonable costs incurred by County to so restore
the Well System.
3.4 Termination due to Conflict of Interest.
3.4.1 The Parties acknowledge that this Agreement is subject to cancellation
pursuant to the provisions of A.R.S. §38-511.
3.5 Termination for Cause.
3.5.1 This Agreement may be terminated in whole or in part, at any time, by the
County, upon thirty (30) days prior notice to AAEC without any penalty or
liability to County. AAEC and its employees, agents, officers, directors,
members, successors, or assigns hereby waive any and all rights to bring
any claim against County or its employees, agents, officers, directors,
members, successors or assigns from or relating in any way to County's
termination of this Agreement pursuant to this Section 3.4.
Representative reasons for "cause" include, but are not limited to:
3.5.1.1 New requirements make a continuation of the Agreement
infeasible, i.e. licensing or permitting requirements.
3.5.1.2 New park operational or recreational requirements make a
continuation of the Agreement infeasible.
3.5.1.3 Unsatisfactory performance on the part of AAEC or failure of
MEG to comply with the provisions of this Agreement, as
determined solely by the County.
Contracts/ParadiseVailey/Well/A_AEC Shared Well Agreement

3.5.1.4 The Director of the Parks and Recreation Department or his
or her designee is hereby given the authority to exercise
County's termination rights in the event any payment required
by this Agreement is late by more than sixty (60) days, or if
any report required by this Agreement is delinquent by more
than sixty (60) days.
3.6 Termination by AAEC
3.6.1 AAEC may terminate this Agreement without cause by providing thirty
(30) days prior written notice to the County of the intent to terminate.
The termination will not be effective until all outstanding fees have been
paid by AAEC and all requirements under this Agreement have been
completed by AAEC.
4.0 INTERRUPTION OF SERVICE
4.1 AAEC is responsible for penalties, to include loss of revenue, if any of their
actions results in the interruption of the Well System. Upon AAEC causing
interruption to the Well System, AAEC shall be responsible for providing County
and/or County's concessionaire an alternate source of water, and/or reimburse
County and/or County's concessionaire the cost of establishing and using an
alternate source of water. AAEC shall be responsible for any revenue loss to
County and/or County's concessionaire, to include reseeding or other means to
bring the adjacent park facility back to play conditions, as solely determined by
the County and/or the County's concessionaire.
5.0 INDEMNIFICATION AND INSURANCE
5.1 Indemnification:
5.1.1 AAEC shall indemnify, defend and hold harmless the County, its officers,
agents, employees successors, officials and assigns, from and against
any and all damages, claims or demands, suits, liabilities, costs and
expenses, including but not limited to costs of defense, court costs,
reasonable attorneys' fees and witness fees (including expert witness
fees) of any type, direct or indirect, arising from, in connection with or
related to the installation maintenance, operation or closure of the Well
and/or the Well System or failure to provide adequate water needs, meet
water quantity and/or quality standards, or arising in connection with the
actions of AAEC and its employees, contractors, agents, successors,
assigns and/or representatives under this agreement..
6.2 Commercial General Liability:
5.2.1 Commercial General Liability insurance and, if necessary, Commercial
Umbrella insurance with a limit of not less than $2,000,000 for each
occurrence, $2,000,000 Products/Completed Operations Aggregate, and
$4,000,000 General Aggregate Limit. The policy shall include coverage
Contracts/ParadiseValley/Well/AAEC Shared Well Agreement

for bodily injury, broad form property damage, personal injury, products
and completed operations and blanket contractual coverage, and shall
not contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL limiting
the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
The insurance policy required by this Contract, shall name County, its
agents, representatives, officers, directors, officials and employees as
Additional Insureds,
6.0 ASSIGNABILITY
6.1 This Agreement is nonassignable in whole or in part by either party hereto
without the written consent of all the Parties.
7.0 ENTIRE AGREEMENT
7.1 There are no covenants, promises, agreement, conditions or understandings,
either oral or written, between the Parties other than as herein set forth. This
instrument shall supersede all prior agreements of the Parties with respect to the
subject matter hereof. This Agreement may be amended only by mutual written
consent of the Parties.
8.0 CONSENTS AND APPROVALS
8.1 The Parties agree to act in good faith and with fair dealing with one another in the
execution, performance and implementation of the terms and provisions of this
Agreement. Whenever the consent, approval or other action of a Party is
required under any provision of this Agreement, such consent, approval or other
action shall not be unreasonably withheld, delayed or conditioned by a Party
unless the provision in question expressly authorizes such Party to withhold or
deny consent or approval or decline to take action in accordance with a different
standard, in which case the consent or approval or the decision to not take action
may be withheld, delayed or conditioned in accordance with the different
standard.
9.0 EMPLOYER SANCTIONS LAW
9.1 The Parties warrant that they are in compliance with A.R.S. § 41-4404 and
further acknowledge that:
9.1.1 Any contractor or subcontractor who is contracted by a Party to perform
work under this Agreement shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214(A), and shall keep a record of the
verification for the duration of the employee's employment or at least
three years, whichever is longer.
Contracts/ParadiseValley/Well/AAEC Shared Well Agreement

9.12 That any breach of the warranty, shall be deemed a material breach of
the contract that is subject to penalties up to and including termination of
the contract.
9.1.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the area covered by the License
related to the License to ensure that the contractor or subcontractor is
complying with the warranty above and that the contractor agrees to
make all papers and employment records of said employee available
during normal working hours in order to facilitate such an inspection.
9.1.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
10.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. 5§ 35-391.06 AND
35-393.06, BUSINESS RELATIONS WITH SUDAN IRAN
10.1 The Parties warrant that they do not have any scrutinized business operations in
Sudan or Iran, as prohibited by A.R.S §§ 35-391.06 and 35-393.06 and further
and further acknowledge that any contractor or subcontractor who is contracted
by a party to perform work shall warrant that they do not have scrutinized
business operations in Sudan or Iran.
11.0 COUNTERPARTS
11.1 This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the
same instrument. Faxed, emailed and copied signatures are acceptable as
original signatures.
12.0 TIME IS OF THE ESSENCE
12.1 Time is of the essence of this Agreement. 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, then said date for performance or time
period shall expire on the first day thereafter which is not a Saturday, Sunday or
legal holiday.
Contracts/ParadiseValley/Well/AAEC Shared Well Agreement

MARICOPA COUNTY ARIZONA AGRIBUSINESS AND
EQUINE CENTER, INC,
0 V9 L5
Chairman, Board of Supervisors Date . Date
N
Name:
ATTEST
Clerk of the Board Date
Approved as to Form:
Deputy County Attorney Date
Contracts/ParadiseVelleyAVelf/AAEC Shared Well Agreement

i
Exhibit A
"Waterline Easement"
(Published Separately)
Contracts/ParadiseValley/Well/AAEC Shared Well Agreement

When Recorded Return To:
Maricopa County Parks &
Recreation Department
Attn: Director
234 N. Central Avenue, Suite 6400
Phoenix, AZ 85004
WATERLINE EASEMENT
C.1$• I 3.00'8. 3.0 0
DATED: December 19, 2012
WHEREAS, Arizona Agribusiness & Equine Center, Inc., an Arizona non-profit
corporation, whose address is 3636 N. Central Avenue, Suite 1050, Phoenix, Arizona 85012
("Grantor"), is the owner of the following described real property located in Maricopa County,
Arizona (hereinafter called "Grantor's Property"):
SEE EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
WHEREAS, Grantor's Property presently includes an existing waterline, the location of
which is generally depicted in the drawing on page 2 of EXHIBIT "C" (herein called the
"Existing Waterline").
WHEREAS, Grantor contemplates the construction after the date hereof of a new
waterline (herein called the "New Waterline") to replace the Existing Waterline. The location
for the New Waterline will be within a strip of property, 12 feet in width, located within
Grantor's Property (herein called the "Easement Premises"). The Easement Premises is
generally depicted in the drawings attached hereto as EXHIBIT "C", and is legally described as
follows:
SEE EXHIBIT "B" ATTACHED
HERETO AND MADE A PART HEREOF.
WHEREAS, prior to the completion of the New Waterline, Maricopa County, a political
subdivision of the State of Arizona, whose address is 301 W. Jefferson, Phoenix, Arizona 85003
("Grantee") requires access to the Existing Waterline for purposes of repair, operation,
replacement and maintenance;
WHEREAS, after completion of the New Waterline, Grantee requires access to the New
Waterline for purposes of repair, operation, replacement and maintenance.
WHEREAS, by this Waterline Easement Agreement, Grantor desires to provide for
easement rights to facilitate Grantee's need for access to the Existing Waterline and the New
QB 130765.00043 18874274.3

Waterline for purposes of repair, operation, replacement and maintenance, all subject to the
terms set forth herein.
NOW THEREFORE, in light of the foregoing recitals, it is agreed as follows:
Grantor, for and in consideration of One Dollar ($1.00) and other valuable consideration,
receipt of which is hereby acknowledged, does hereby grant and convey to Grantee, and to its
successors and assigns, the following: (1) a non-exclusive right, privilege, and easement in,
upon, over, under, through and across, the Easement Premises solely for purposes of repair,
operation, replacement and maintenance with respect to the New Waterline, with said easement
to become effective automatically and without the need for any further action at such time as the
New Waterline is completed and in operation, and (2) a temporary easement to access Grantor's
Property solely for purposes of repair, operation, replacement and maintenance with respect to
the Existing Waterline, with said temporary easement only to remain in effect until such time as
the New Waterline is completed and in operation, at which point, the temporary easement shall
automatically terminate and be of no further force or effect.
With respect to each of the foregoing easement grants, during its applicable term, Grantee
is hereby granted the right to repair, operate, replace and maintain the underground water line for
the applicable easement, together with any appurtenant facilities and fixtures for use in
connection therewith, for the transmission and distribution of water through, across, and beyond
Grantor's Property. Grantee shall have the right of free ingress and egress across Grantor's
Property (i) at all times prior to completion and operation of the New Waterline, to and along the
location for the Existing Waterline for repair, operation, replacement and maintenance with
respect to the Existing Waterline, and (ii) at all times after completion and operation of the New
Waterline, to and along the Easement Premises for repair, operation, replacement and
maintenance with respect to the New Waterline. Grantee shall in all cases endeavor to minimize
any interference to Grantor's Property and the activities of Grantor thereon when accessing
Grantor's Property for any purposes allowed by this Waterline Easement Agreement.
Grantor reserves all other rights, interests and uses of the Easement Premises and any
other property generally located above the Existing Waterline and the New Waterline that are not
inconsistent with Grantee's easement rights herein conveyed, including, without limitation,
retaining, or granting others, the right to use all or portions of the Easement Premises or any
other property generally located above the Existing Waterline and the New Waterline for utility
or pedestrian purposes and constructing improvements such as walkways and landscaping (not
including trees with root systems that could damage the New Waterline). Notwithstanding the
foregoing, Grantor shall not have the right to lower by more than one foot the surface grade of
the Easement Premises without the prior written consent of Grantee, and in no event shall a
reduction in the grade compromise Grantee's minimum cover requirements.
Grantor reserves the right to require the future relocation of the New Waterline and/or
any appurtenant facilities and fixtures used in connection therewith, to a new location within
Grantor's Property; provided however, that: (1) Grantor pays the entire cost of redesigning and
relocating such items; and (2) Grantor provides Grantee with a new or modified easement in a
form and location acceptable to Grantee and at no cost to Grantee. Upon the acceptance by
QB1130765.00043118874274.3

Grantee of a new or modified easement and after completion of the relocation, the parties shall
execute and record such further documents as are reasonably requested by either of them in
connection therewith.
If any of Grantee's facilities in this easement are not being used or are determined not to
be useful, Grantor may request that the facilities that are no longer needed be removed and that
portion of the easement be abandoned. Grantee will execute and record a formal instrument
abandoning the easement, or a portion thereof. Any facilities that are determined to still be
needed for Grantee's electrical system can be relocated pursuant to the above relocation
requirements.
Grantee shall not have the right to transfer, convey or assign its interests in this easement
to any individual, corporation, or other entity (other than to an affiliated entity of Grantee or an
entity that acquires from Grantee all of Grantee's facilities within the area of Grantor's Property)
without the prior written consent of Grantor. Grantee shall notify Grantor at least sixty (60) days
prior to any proposed transfer, conveyance or assignment of any rights granted herein.
The covenants and agreements herein set forth shall extend and inure in favor and to the
benefit of, and shall be binding on the heirs, administrators, executors, successors in ownership
and estate, assigns and lessees of Grantor and Grantee.
IN WITNESS WHEREOF, the parties have caused this Waterline Easement to be
executed by their duly authorized representatives as of the date first set forth above.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
QB U30765.00043 118874274.3

DATED as of the date first set forth above.
GRANTOR:
Arizona Agribusiness & Equine Center, Inc.
an Arizona non-profit corporation
By:
Its:
STATE OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of December, 2012,
by , as
My Commission Expires
Notary Public (signature)
Q131I 30765.00043 118874274.3

ACCEPTED:
MARICOPA COUNTY, a politicaksubdivision of the State of Arizona
By
MaxVilson
Chairman of the Board of Supervisors
STATE OF ARIZONA
) SS.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of December, 2012,
by h;-,e2.4-ex; as ew
My Commission Expires
Notary Public (signat
OFF/C1AL SEAL
CANDACE W. STEILL
Notary MARICOPA Public - State COUNTY of Arizona
My Corm. &Oros March 4,2013
APPROVED AS TO FORM: ATTEST:
4,
4-c4 it
Deput/County Attorney Clerk of the Board of Supervisors 1""I'
QI3 1130765.00043115874274.3

EXHIBIT "A"
GRANTOR'S PROPERTY
A portion of lands situated within the Northeast quarter of Section 36, Township 4 North, Range 3
East, Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described
as follows:
COMMENCING at the North quarter corner of said Section 36, located in Union Hills Drive and
monumented with a brass cap, from which a brass cap at the Northeast corner of said Section 36, bears
North 89 degrees, 29 minutes, 3] seconds East, 2638.41 feet;
THENCE along the North line of said Section 36, North 89 degrees, 29 minutes, 31 seconds East,
885.55 feet to a point on the extension of the Westerly line of Parcel 2 of Document No. 1989-424473
of the Records of Maricopa County;
THENCE, departing said North line and along said Westerly line, South 12 degrees, 43 minutes, 08
seconds East, 95.15 feet to a point on the South right-of-way line of Union Hills Drive according to
Document No. 2002-440884 of the Records of Maricopa County, also being the POINT OF
BEGINNING;
THENCE, along said South right-of-way line, North 89 degrees, 29 minutes, 31 seconds East, 345.31
feet;
THENCE, continuing along said South right-of-way line ; South 40 degrees, 28 minutes, 52 seconds
East, 89.95 feet to a point on the West right-of-way line of S.R. Si according to Document No. 1992-
300379 of the Records of Maricopa County;
THENCE, along said West right-of-way line, South 09 degrees, 32 minutes, 45 seconds West, 377.59
feet;
THENCE, continuing along said West right-of-way line, South 07 degrees, 13 minutes, 21 seconds
West, 300.32 feet;
THENCE, continuing along said West right-of-way line, South 04 degrees, 33 minutes, 00 seconds
West, 400.00 feet;
THENCE, continuing along said West right-of-way line, South 01 degrees, 09 minutes, 38 seconds
East, 201.00 feet;
THENCE, continuing along said West right-of-way line, South 02 degrees, 22 minutes, 35 seconds
West, 930.23 feet to a non-tangent point of curvature on said West line of Parcel 2;
THENCE, departing said West right-of-way line and along said West line of Parcel 2, 587.04 feet
along the arc of said curve, to the right, through a central angle of 66 degrees, 45 minutes, 30 seconds,
having a radius of 503.83 feet and a chord which bears North 22 degrees, 22 minutes, 09 seconds
West, a distance of 554.39 feet;
THENCE, continuing along said West line, North 11 degrees, 00 minutes, 36 seconds East, 180.03
feet;
Q131130765.00043\18874274.3

THENCE, continuing along said West line, North 68 degrees, 12 minutes, 22 seconds West, 152.22
feet;
THENCE, continuing along said West line, North 21 degrees, 50 minutes, 00 seconds East, 728.69
feet;
THENCE, continuing along said West line, North 12 degrees, 43 minutes. 08 seconds West, 863.65
feet to the POINT OF BEGINNING.
Q13\130765.00043 118874274.3

EXHIBIT "B"
EASEMENT PREMISES
A PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CITY OF PHOENIX BRASS CAP IN HAND HOLE MARKING THE
NORTHEAST CORNER OF SAID SECTION 36, FROM WHICH A CITY OF PHOENIX BRASS
CAP FLUSH MARKING THE NORTH QUARTER CORNER OF SAID SECTION 36 BEARS
SOUTH 89 DEGREES 40 MINUTES 31 SECONDS WEST, 2638.41 FEET;
THENCE ALONG THE NORTH LINE OF SAID SECTION 36 SOUTH 89 DEGREES 40
MINUTES 31 SECONDS WEST, 1329.61 FEET;
THENCE DEPARTING SAID NORTH LINE SOUTH 00 DEGREES 19 MINUTES 29 SECONDS
EAST, 161.93 FEET TO A POINT ON LINE NO. 2 AS DESCRIBED IN DOCUMENT NO. 92-
300379, MARICOPA COUNTY RECORDS;
THENCE ALONG SAID LINE NO. 2 SOUTH 09 DEGREES 43 MINUTES 45 SECONDS
WEST, 107.35 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE NO. 2 SOUTH 09 DEGREES 43 MINUTES 45
SECONDS WEST, 12.28 FEET;
THENCE DEPARTING SAID LINE NO. 2 SOUTH 87 DEGREES 28 MINUTES 05 SECONDS
WEST, 25.81 FEET; THENCE NORTH 49 DEGREES 06 MINUTES 38 SECONDS WEST, 67.25
FEET;
THENCE SOUTH 77 DEGREES 27 MINUTES 20 SECONDS WEST, 268.65 FEET TO THE
WEST LINE OF PARCEL #2 AS DESCRIBED IN DOCUMENT NO. 89-424473,
MARICOPA COUNTY RECORDS;
THENCE ALONG SAID WEST LINE NORTH 12 DEGREES 32 MINUTES 08 SECONDS WEST,
12.00 FEET; THENCE DEPARTING SAID WEST LINE NORTH 77 DEGREES 27 MINUTES 20
SECONDS EAST, 274.69 FEET; THENCE SOUTH 49 DEGREES 06 MINUTES 38 SECONDS
EAST, 68.51 FEET;
THENCE NORTH 87 DEGREES 28 MINUTES 05 SECONDS EAST, 23.64 FEET TO THE POINT
OF BEGINNING;
SAID PARCEL CONTAINS 4,371 SQUARE FEET OR 0.1003 ACRES, MORE OR LESS.
(N3\130765.00043118874274.3

Exitig\T
HUBBARD 1840 S. Stapley Or
Mesa, AZ Suits 85204 137
ENGINEERING Ph: 480.802.3313
www.hubbardengineering.com
WATERLINE EASEMENT
N. 1/4 COR. NE COR.
/rSEC. 36 7.4N. R.JE. SEC. 36 7:4N. R. 3E.
FND. 3'' COP BCF FND. 3" COP CCHH
S89.40'31"W 2638.41'
1329.FFV17-7.321
UNION HILLS DRIVE
N872805mE 23.64'
54906'38 nE
N12.32'08°W 68.51'
12.00'
r 274.69, 1
-\1772f 2vnur N492.6066.16,558 NW P.O.B.
67 25'
PARADISE VALLEY S8728 105141 25.81'
GOLF COURSE rr' T6t. 5943'45"W 12,28'
APN 214-01-8811 rrl
—AC)
rr%
APN 214-01-881J
Project No. Date
EXHIBIT 13 11 12222 11/20 2
WATERLINE EASEMENT Slit loft
[ City of Phoenix, Maricopa County, Arizona Project Manager Project Eng.
S. NELSON


Exhibit B
Coates Irrigation Consultants, Inc., Design Study dated February 12, 2013
(Published Separately)
ContractsiParadiseValley/Well/AAEC Shared Well Agreement

CnalteS Z,
IP751:2") 1 l' ,A%-1-1411,1\3
Coates Irrigation Consultants, Inc,
1420 North Greenfield Road I Suite 103 I Gilbert, Arizona 85234
Phone 480-481-0682 I Fax 480-481-0939
February 12, 2013
Mr. David Case, Landscape Architect
DLR Group
6225 North 24th Street, Suite 250
Phoenix, Arizona 85016
Re: AAEC PARADISE VALLEY—Irrigation Water Source Design Report
Dear David:
This report describes the Irrigation Water Source Design study regarding
the AAEC Paradise Valley project located in Phoenix, Arizona. The desire
is to transfer as many as 20 acre-feet of well water to AAEC annually for
irrigation purposes from the existing well and supply pipe that feeds
Paradise Valley Park Golf Course. It is understood that Maricopa County
Parks and AAEC have agreed to this concept.
Our tasks were as follow:
A. Research and site visit—well and pipeline
B. Irrigation POC design with valves and controls
C. Booster pump station design
D. Water storage design coordination
A. Research and Site Visit —Well and Pipeline:
Per our agreement we visited the site on February 11, 2013. We arranged
the meeting at the existing well site, where we met with Rand Mozingo of
Maricopa County Parks; Michael Miller (club manager) and Tim
(superintendent) of Paradise Valley Park Golf Course; Suzanne (the client);
and yourself. Following the meeting at the well, you and I accompanied
Michael and Tim to the golf course to observe the discharge point of the

AAEC Paradise Valley Irrigation Water Source Design Study Report
well pipeline at the lake. The result of the meeting was positive, as we
brought all parties together and everyone was agreeable.
Prior to this site visit, we researched and reviewed information provided by
your office and Emily Miller of the Maricopa County Parks Department.
We had telephone conversations with Rand, Emily, Michael, and project
engineer Craig Dyson of Hubbard Engineering. We also had email
conversations with the above as well as Gabe Tregaskes of The Weber
Group regarding the well.
Following is a summary of information we gathered:
• The existing well is located at the southwest corner of Union Hills
Drive and 40th Street, just east of the 51 freeway
• The well is controlled by Maricopa County and supplies water to the
lake at Paradise Valley Park Golf Course
• The existing storage tank at the well site has been disconnected;
water travels directly to the golf course lake, and an in-ground
meter is read monthly by Rand
• The distance from the well to the golf course lake is approximately
2200 feet, and the proposed point of connection to AAEC is about
1200 feet from the well on the west side of Arizona 51
• The elevation at the well is 1506, and at the golf course pond is 1495
• The pipeline is 10" in size, and the material is asbestos-cement (ACP)
according to documents
• The pipeline travels deep under the 51 freeway (down and then
back up) and the elevation at the low point is 1463.28 (about 35
feet below original grade)
• The pump was re-worked, motor re-wound, and well scoped with a
camera by The Weber Group in early 2011
• The well motor is 150-HP (460-volt, 3-phase electrical power)
• Weber stated that the capacity is 1000 gpm, but Tim stated that he
saw flow at between 500 and 525 gpm at start-up
• Approximately 225-250 gpm flows into the lake through the pipe
according to Michael and Tim
• The well discharge pressure is about 25 psi; Tim reported that the
well turns "on" at 18 psi and "off" at 32 psi (recorded 28 psi at visit)
• The pressure loss in the 10" well pipeline is 3.75 psi at 250 gpm flow
• The gain in pressure due to elevation is 4.7 psi, so the net result is
that between 20 and 25 psi at the golf lake
• Even though the pipe travels below the freeway and loses pressure
due to the 35-foot climb, it also gains pressure when it goes downhill
• When the golf lake elevation drops, a "float" in the stilling chamber
opens the valve (Cla-vat) on the edge of the lake to allow water to
2 of 7

AAEC Paradise Valley Irrigation Water Source Design Study Report
enter the pond. Pressure drops in the pipeline, and the well senses it
and turns on until it builds up to the shutoff point.
• The golf course has a time clock installed at the well control panel.
During summer, the lake fill time is 24 hours; other times it is set to fill
between 7:00 pm and 7:00 am, to take advantage of off-peak
electrical rates.
B. Irrigation POC Design with Valves and Controls:
It is understood that DLR Group has designed the on-site irrigation system,
which includes storage tanks. The tanks serve a dual purpose in that they
will receive well water and also rainwater from a roof collection system.
All stored water will be utilized for irrigation of trees, shrubs, and buffalo
grass at the pastures. Booster pumps designed by DLR are designed at
the discharge point the storage tanks.
The control system specified on the irrigation plans is Calsense. For this
reason, the flow sensors recommended in the storage tank-fill system are
Calsense, to be compatible with the control system.
Coates Irrigation Consultants Inc. (CICI) has specified materials for the
irrigation Point of Connection (POC) from the 10" well supply pipeline (see
attached .pdf drawing). This information must be coordinated with DLR's
and Hubbard's plans. It is understood that the existing pipeline is
designed to be replaced through the AAEC site with new 10" PVC pipe.
This allows it to be located where desired, and to install the point of
connection as specified. The new pipe will also prolong the life of this
segment of the supply pipe and will minimize leaks in the AAEC property.
Immediately downstream of the irrigation POC in the 10" well supply
pipeline, an 8" normally-open master valve is specified. This valve will be
"open" to allow filling the golf course pond except when AAEC's storage
tanks require filling. A system for communication to the master valve has
been specified in the POC booster pump controls. See drawing for valve
specifications.
The FCC design requires a 10" x 10" x 6" ductile iron tee in the supply
pipeline, to be located near the dumpsters. A shut-off gate valve,
manual-read flow meter, and booster pump will be located immediately
downstream from the point of connection to AAEC in the vicinity of the
dumpsters. According to the County personnel, no backflow preventer is
required because there is no connection with potable water in this system.
3 of 7

AAEC Paradise Valley Irrigation Water Source Design Study Report
it is recommended that a 6" Class 200 rubber-ring PVC supply pipeline be
installed from the POC to the "Arena" storage tank. This size is based
upon the peak day flow from the well in a short time window of time. At
the appropriate location, a 3" tee should be designed from the 6"
mainline which will supply the 3" pipe to the "Drip" storage tank.
A master valve and flow sensor has also been specified on the study plan
for each storage tank's supply pipe. The following equipment is
recommended in the pipes supplying each storage tank:
6" Arena storage tank supply pipe:
• #300-BPE-PRS-D Rain Bird 3" electric normally-closed master valve
• #FM-3 Calsense 3" flow sensor
3" Drip storage tank supply pipe:
• #200-PEB-PRS-D Rain Bird 2" electric normally-closed master valve
• # FM-2 Calsense 2" flow sensor
It is necessary to communicate with the well in order to provide flow to the
AAEC storage tank system. Because water will begin to fill the tanks as
soon as the master valve(s) open, the well must start immediately rather
than wait until pressure drops below the current threshold. Circuitry and
relays are included within the FCC booster pump station control panel for
this purpose. It will be required to install a radio-based transmitter at the
FCC booster pump, and a receiver at the well.
C. Booster Pump Station Design:
DLR Group prepared "Preliminary Irrigation Demand Calculations," dated
January 31, 2013. We reviewed this information and concur with the
following exceptions:
• The Daily Total should be 19,773 gallons (Excel adjustment)
• This affects the monthly (355,914) and yearly (4,270,948) totals
• The peak month was projected to 12 months at the same demand
rate; using the FIT chart decreases the demand to about 3 million
gallons per year
• Since 20 acre-feet is about 6.5 million gallons, the annual demand is
projected to less than the allowable amount
The governing factor for the POC booster pump is not the peak daily
demand, for a couple of reasons. First, the golf course's peak summer
4 of 7

AAEC Paradise Valley Irrigation Water Source Design Study Report
lake-fill cycle is nearly 24 hours per day so the AAEC time window is short.
Second, once the 8" master valve closes and the well turns on, AAEC
must divert all of the supply pipe water through its system. The booster
pump is therefore specified to provide 250 gpm to the AACE storage
tanks.
We assumed that the elevation at the booster pump is approximately
1500. It is also reasonable that the water pressure in the 10" supply pipe
will be about 20 psi at the AAEC Point of Connection. Following is a
summary of pressure calculations to the Arena storage tank, which is the
furthest point from the booster pump:
2.85 psi loss in 6" class 200 PVC (1500' length)
2.17 psi elevation loss (5')
5,2 psi vertical pipe to tank discharge point (12')
20 psi residual at tank
= 30.22 psi losses and residual pressure
Since 20 psi is available at pump inlet, a boost pressure of 15 psi is
specified in order to include a safety factor. So, the Booster Pump is
specified to provide 250 gpm at 15 psi boost, or at 35 psi discharge.
D. Water Storage Design Coordination:
Water storage is an essential part of the irrigation system. It is suggested
that the "Drip" tank be kept at 7,900 gallons as currently specified and be
a single tank. We recommend that the "Arena" storage tank be enlarged
to at least twice the current size (to about 16,000 gallons).
With this in mind, the Arena storage tank would fill at the rate of 250 gpm
in approximately 1 hour. We recommend that AAEC utilize a time clock
(similar to the existing one at the well) to over-ride the master valve
opening and closing signals when tank-fill is required, only allowing the
cycle to occur between 7:00 and 8:00 am. During that time window,
when the tank(s) require filling the electrical relays will allow the master
valves and well to energize as described below.
We recommend that AAEC coordinate with the golf course in summer,
and that the golf course's lake-fill timer be adjusted to no more than 23
hours per day; with lake filling between 7:00 and 8:00 excluded.
In the event that well water is not available, a "backup" supply of potable
water is recommended. Either an existing or new water meter (1"
minimum size) should be utilized with a backflow preventer, master valve,
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AAEC Paradise Valley Irrigation Water Source Design Siudy Report
and separate supply pipeline to each tank. All pipes supplying the
storage tanks should be designed vertically up the side of the tank, with a
discharge near the top. We recommend that the discharge include a 12"
air gap above the "High" level point of the tank, with overflow above that
location.
Level control electrode probes shall be specified within each storage
tank. Wiring shall be specified from each tank to the POC booster pump
control panel. Circuitry and relays are specified within the panel for the
tank-fill system, as follows:
• The electrode probe shall include at least three (3) sensing points:
"High," "Low," and "Low-Low"
• The "High" sensor shall stop water flow to the tank; the "Low" sensor
shall start the well; the "Low-Low" sensor shall open a separate
master valve and allow metered potable water into the tank
• When either storage tank requires filling, the Low sensor shall send a
signal to close the 8" well pipeline master valve. It shall
simultaneously open the master valve for that particular storage
tank's pipeline to allow filling to begin. It shall also send a radio
telemetry signal to the well to start the well immediately.
• When either tank is "full" to the "High" level, a signal shall be sent to
close the tank's master valve, open the 8" supply pipeline master
valve, and turn "off" the well.
• Each tank shall include an overflow pipe to discharge to storm
drain, sump, or similar. This will suffice when a large rain event
overfills the tank, or if the water from the well continues to flow until
it shuts off, etc.
It is intended that this description be used in the design of the storage
tanks and pipelines in the irrigation system. The accompanying POC
booster pump specifications include the control circuitry to
accommodate all aspects of the water transfer system. The pump plan
and specifications, along with the POC plan, may be used for cost
estimation by the contractor.
We trust that this information is sufficient at this time. Contact our office
with any questions.
Sincerely,
GAYLON L. COATES
President
COATES IRRIGATION CONSULTANTS INC.
6 of 7

AAEC Paradise Valley Irrigation Water Source Design Study Report
7 of 7

eV PLAN FOC IRRIGATION ARIZONA ENIX, HO P
VISIONS VALLEY PARADISE AAEC
115001
WELL
FROM
r SCAI
VALVE VALVE BIRD 3" MASTER FM-3 SENSOR •ar,nr
8" DUCTILE 10" RAIN WITH
1R410-KX CONTROL X 6 TEE GATE VALVE: FLOW ARENA
NORMALLY-OPEN 10 X 10 MANUAL SIZE 300-BPE-PRS-D NORMALLY-CLOSED 3" TO TANK
BERMAD MASTER /--"IRON LINE CONTROL CALSENSE PIPE
PVC STORAGE
6"
SC
FLO-WISE MANUAL-READ SIZE WELL----„.
& MASTER
METER-4" PUMP OFF
SENNINGER ROTOR-X CIRCUITRY CLOSE AND BIRD 2' MASTER FM-2 SENSOR
FLOW BOOSTER & ON WITH
REPLACED SITE INCLUDES OPEN TURN DRIP RAIN FLOW
BE AAEC POC TO AND TO TANK VALVE; 2"
TO PIPE 200-PEB-PIRS-D NORMALLY-CLOSED
PIPE THRU IRRIGATION STATION. CONTROLS VALVES, PVC STORAGE CONTROL CALSENSE
SUPPLY PIPE 3"
PVC
WELL 10"
EXISTING NEW FROM PANEL ONLY AM
WITH INCLUDE TO SIGNAL VALVES PUMP AND 7:00 WITH
REQUIRED CONTROL WIRE TO OF AT RELAYS
WELL SHALL WITH PANEL CLOSING REQUIRED BETWEEN COORDINATE
- - TELEMETRY TO TANKS ELECTRODES, OVERRIDE FILL STAFF
10" PANEL CONTROL AND CLOCK TANK AM; COURSE
STORAGE TO 8:00
NOTE: RADIO PUMP PROBE PUMP OPENING TIME PANEL ALLOW AND GOLF
I. 2. 3.
••• M I SHALL CLOSE, VALVE, SHALL OPEN, VALVE, PROBE WATER AT HIGH
OPERATION: PROBE TO PROBE 10 TANK BACK-UP POTABLE CLOSE
GOLF LAKE OF TANK VALVE MASTER TANK VALVE MASTER OFF. LEVEL, SEPARATE FROM AND
PVP COURSE SEQUENCE LEVEL, MASTER TANK'S WELL LEVEL, MASTER TANK'S WELL VALVE OPEN;
TO LOW 8" THAT START HIGH 8" THAT TURN LOW-LOW SIGNAL TO
I•I NOTE: 1, AT SIGNAL OPEN AND 2. AT SIGNAL CLOSE AND 3. AT SHALL MASTER METER LEVEL