OLIVE AVENUE - SARIVAL AVENUE TO REEMS ROAD 3182020.PDF
Extracted text (via pymupdf)
54459 characters
AMENDMENT
TO
MARICOPA COUNTY AGREEMENT FOR RELOCATION OF MVVD
FACILITIES AND PROPERTY INTERESTS
OLIVE AVENUE - SARI VAL AVENUE TO REEMS ROAD
THIS AMENDMENT is entered into this
day of
,
, by and
among MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER
ONE, an irrigation and water conservation district, a municipal corporation and a political
subdivision of the State of Arizona ("MWD") and MARICOPA COUNTY, a political subdivision of
the State of Arizona ("Maricopa County").
1.
RECITALS
1.1
On June 13, 2019, MVVD and Maricopa County entered into a Maricopa County
Department of Transportation Agreement For Relocation Of MVVD Facilities And Property
Interests - Olive Avenue Project Sarival Avenue to Reems Road ("Agreement") to address the
relocation of certain MWD facilities and property interests for the purpose of accommodating
Maricopa County's Olive Avenue - Sarival Avenue to Reems Road Project ("Road Project").
1.2
Maricopa County proposes to relocate certain MWD facilities and properties to
accommodate the Road Project. The MWD facilities that are impacted by the Road Project are a
portion of the MWD Lateral 9 facilities; a portion of Lateral 9 Sublateral H facilities; and a portion
of Lateral 9 Sublateral I facilities ("New MWD Facilities").
1.3
MWD has informed Maricopa County that MVVD shall perform the construction
work for the New MVVD Facilities at Maricopa County's sole cost and expense.
2.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, it is hereby agreed by and between MVVD and Maricopa County as follows:
2.1
Article 6.4 of the Agreement states that Maricopa County, at Maricopa County's
sole cost and expense, shall perform the construction work for the New MVVD Facilities. This
Article shall be amended to state that MVVD, at Maricopa County's sole cost and expense, shall
perform the construction work for the New MWD Facilities.
2.2
MWD requires a draw account upon the acceptance of this Amendment. Payment
in the amount of $3,066,352.58, based upon the most current construction and construction
observation cost estimates as described in the Exhibit "A" Summary of Costs attached hereto.
This payment shall serve as a draw fund to reimburse MWD for those costs related to the
construction and construction observation of the New MIND Facilities. The County will be invoiced
for the actual verified and documented costs associated with this Amendment.
2.3
All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
Page 1 of 3
2.3
All other terms and conditions of the Agreement shall remain the same and in full
force and effect.
IN WITNESS WHEREOF, MIND and Maricopa County have executed this Amendment as
of the date first written above.
APPROVED:
ATTEST:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER
ONE, a political subdivision of the State of
Arizona
By:
By:
Christine Cain
Glen Vortherms
Its:
Property & Contracts Manager
Its:
Assistant Secretary
STATE OF ARIZONA
) ss:
County of Maricopa
On this
day of
, before me the undersigned Notary
Public personally appeared Christine Cain
and Glen Vortherms known to me to be the
Property and Contracts Manager
and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, and they, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Page 2 of 3
MAR1COPA COUNTY, a political subdivision
APPROVED AS TO FORM:
of the State of Arizona
By:
By:
Its: Chairman of the Board of Supervisors
Its:
Deputy County Attorney
STATE OF ARIZONA
) ss:
County of Maricopa
On this
day of
, before me the undersigned Notary
Public personally appeared
known to me to be the
of
MARICOPA COUNTY, a political subdivision of the State of Arizona,
and he/she, being duly authorized so to do, executed the foregoing instrument for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal,
NOTARY PUBLIC
My Commission Expires:
Page 3 of 3
NMIAD
MARICOPA WATER DISTRICT
Exhibit "A"
MCDOT - Olive Avenue - Sarival Avenue To Reems Road
Lateral 9, Lateral 9 Sublateral H &
Lateral 9 Sublateral I Pipeline Relocations
And Private Facilities
Construction and Construction Observation Cost Estimates
Summary of Costs
December 9, 2019
Construction Observation Services Cost Estimate
Item
Description
Cost
1
Construction Costs by CJ Robbins (MWD Facilities)
2
Construction Costs (Private Facilities)
3
MWD Administrative, Project Management and Construction Observation
Costs
Total Cost Estimate
$
2,124,661.44
694,500.00
$ 247,191.14
3,066,352,58
SPECIAL NOTES:
Please note that this estimate is based on best available information, and assumptions documented
herein; costs may fluctuate to reflect any project changes, holds, or conflicts.
2
This estimate is valid for 90 days from the date listed above,
1
1 LS
Mobilization
100.
Mobilization
Line Item
Description
12,500.00 $
12,500.00
Subtotal: $
12,500.00
Quantity Unit Price Line Total
761 LF
3,553 LF
1 EA
9 EA
1 EA
1 EA
3 EA
1 EA
3 EA
4,050 LF
270 LF
1 LS
1 LS
1 LS
1 LS
145,00
190.00
650.00
$ 65,000.00
$ 140,000.00
$ 140,000.00
$
32,600.00
$
2,500.00
$
9,000.00
12.00
36.00
$
25,000.00
$
35,000.00
$
25,000.00
$
10,000.00
$
110,345,00
$
675,070.00
650.00
$
585,000.00
$
140,000.00
$
140,000.00
$
97,500.00
2,600.00
$
27,000.00
$
48,600.00
9,720.00
$
25,000.00
$
35,000.00
$
25,000.00
$
10,000.00
-Saw
U R\ 4c. Ve-
42. ,,tr‘S
4111".
.
C
Robbins
Proposal
Date: 11/25/2019
Expiration Date: 2/25/2020
C. J. Robbins Inc.
6861 West Belmont Avenue
Glendale, Arizona 85303
(002) 460-5600 Phone -
(623) 234-8454 Fax
Prepared For: Glen Vortherms, P.E.
Martoopa Water District
P.O. Box 900
Waddell, Arizona 85355
Project
14213111711Mr1
CMAR-MCDOT Olive Ave
PHASE II
Surprise
Arizona
19-169.2
Line Item
Description
Quantity
MGM
110.
120,
130.
140.
150.
160.
170.
180.
190.
200.
210.
220,
230.
240.
250.
CMAR-MC DOT Olive Ave
24" RCP Pipe Class 5
36" RCP Pipe Class 5
36" Concrete Pipe Plug
Manhole Structure
Flow Control Structure #1
Flow Control Structure #2
Outlet Headwall
Remove Slick Pipe and Pipe Plug
Remove Existing Structure
Remove Concrete Lined Ditch
Remove Existing b0" RCP
Oliva Avenue Crossing
Allowance: Permits Allowance
Allowance: Survey & Asbulits
Allowance: Construction Water
Subtotal:I $ 1,931,385.00
Sub Total: $ 1,943,885.00
Sales Tax at 6.3% of 65%: $
79,602.09
I
Grand Total: $ 2,023,487.09
V\C
CS Z5S
Ibl i II 4.. 3
az % rz 4,
19.159 CMAR-MCOOT Olive Ave Phase 2- Proposof
Pogo i el 2
J Robbins
nucurtaes
C. J. Robbins Inc.
6851 West Belmont Avenue
Glendale, Arizona 85303
(602) 458-5600 Ph orr
(623) 234-0104 Fax
Proposal
Date: 11/25/2019
Expiration Date: 2/2512020
Prepared For: Glen Vortherms, P.E.
Maricopa Water District
P.O. Box 900
Waddell, Arizona 85355
Project
CMAR.MCDOTIve Ave
Surprise
PHASE II
Arizona
19-159.2
NOTE: -
111021171
11E
1.
This Is a Unit Price Proposal - Quantities to be field verified for final payment
2.
Excludes all Permit Fees & Bonds
3.
Excludes costs of Compaction and Material Testing
4.
Excludes Maridope County Air Pollution Permit
5,
Excludes Surveying & Asbuilts
6.
Excludes Stormwater Pollution Prevention Plan (SWPPP) or Implementation
7.
Based on 60% Submittal plans & drawings by GCE Inc. dated April 2019
8,
Excludes any Haul Off - Extra Dirt Will Be Left on Site
9.
Excludes Purchase of Construction Water, Source Onsite to be supplied by Owner,
10.
Exclude Relocation of Existing Utilities
11.
City Sales Tax Is Excluded - State & County Tax as listed
12.
Excludes all Inspection Fees or Review Fees
13.
Proposal Includes ABC for Pipe Bedding per MAG Specification, Slurry bedding or Backfill is Excluded
14.
Duration of project is Estimated at 160 working days
15.
Retention to be 5% Until Acceptance by MWD, then Paid In Full
16.
Material Invoices will be Provided for Payment In the Pay Period they were Delivered
8ubmIlted:
chet4e7olybr4u-
Chris Robbins - C. J. Robbins Inc.
Date
Approved:
CLIENT NAME
Date
19.159 CMAR-MCDOT ahre Avo Phase 2 - Proposal
Rano 2 of 2
1
MARICOPA COUNTY AGREEMENT FOR
RELOCATION OF MWD FACILITIES
2
AND PROPERTY INTERESTS
3
Olive Avenue Project
4
Sarival Avenue to Reems Road
5
1.
PARTIES.
6
7
The Parties to this Agreement for Relocation of MWD Facilities and Property
8 Interests (the
"Agreement")
are MARICOPA COUNTY MUNICIPAL WATER
9
CONSERVATION DISTRICT NUMBER ONE, a municipal corporation and a political
10
subdivision of the State of Arizona, hereinafter called "MWD" and MARICOPA
11
COUNTY, ARIZONA, a political subdivision of the State of Arizona, hereinafter called
"COUNTY".
12
2.
RECITALS.
13
14
2.1
MWD owns, operates and maintains water, electric and communication
15
transmission and distribution systems for the benefit of MWD customers; and
16
2.2
COUNTY proposes to relocate certain MWD facilities and properties to
17 accommodate COUNTY's Olive Avenue — Sarival Avenue to Reems Road Project,
18 which project is described in Exhibit "A" hereto (the "Road Project"); and
19
2.3
The MWD facilities and property interests that are impacted by the Road
20 Project generally include, but are not limited to: (1) a portion of Lateral 9 facilities and
21 property interest located along the south side of Olive Avenue; (2) a portion of Lateral 9
22 Sublateral H facilities and property interest located along the north-south midsection line
23 of Section 31, Township 3 North, Range 1 West; and (3) a portion of Lateral 9
24
1 Sublateral I facilities and property interests located along the west side of Reems Road
2
("New MWD Facilities").
3
2.4
This Agreement is intended to provide for the abandonment, removal,
4 modification, upgrade, replacement, relocation and construction of certain MWD
5 facilities and properties to facilitate the Road Project.
6
3.
AGREEMENT.
7
Now, therefore, for and in consideration of the mutual covenants and agreements
8 herein contained, the Parties agree as follows:
9
4.
DEFINITIONS.
10
4.1
MWD Facilities. Facilities owned, operated and maintained by MVVD
11 located within the Road Project including, but not limited to:
(1) "Existing MWD
12
Facilities", which are those facilities currently in existence and required to be modified
13 or moved; and (2) "New MWD Facilities", which include, but are not limited to, any
14 modification, replacement or upgrades to the Existing MWD Facilities that are required
15 to relocate the Existing MWD Facilities,
16
4.2
MWD Property Interests. Real property interests of MWD including, but
17 not limited to, fee simple title, easements and rights-of-way located within the Road
18 Project.
19
5.
REPRESENTATIONS.
20
With respect to the attached exhibits, COUNTY represents to MWD that:
21
5.1
Exhibit "A" is a map and description of the Road Project.
22
5.2
Exhibit "B" is a map of the Road Project locating all Existing MWD
23 Facilities and existing MWD Property Interests.
24
-2-
I
5.3
Exhibit "C" is a map of the Road Project and other documentation
2 describing the location of MWD Facilities and MWD Property Interests including, but not
3 limited to, those: (1) existing and unaffected by the Road Project; (2) to be abandoned,
4 removed or modified in place; and (3) to be upgraded, replaced, relocated, constructed,
5 or acquired and conveyed by COUNTY to MWD,
6
6.
MWD FACILITIES AND MWD PROPERTY INTERESTS.
7
6.1
Improvement Plans.
8
6.1.1 COUNTY shall submit to MWD for review and written approval, any
9 improvement plans associated with the Road Project, including, but not limited to, any
10 paving plans, grading plans, drainage plans, traffic signal plans, utility plans and
11 landscaping plans ("Improvement Plans").
COUNTY shall incorporate the MIND
12 Facilities and MVVD Property Interests into the Improvement Plans.
13
6.2
Design Related to the New MWD Facilities.
14
6.2.1 MWD's consultant (the "Consultant"), at COUNTY's cost, will
15 design the New MWD Facilities.
16
6.2.2 MWD has prepared an estimate of cost, including an estimated
17 design schedule, for the: (a) preparation of the design for the New MWD Facilities; (b)
18 construction observation and project close-out for all of the New MWD Facilities; (c)
19 preparation of the legal descriptions and exhibits associated with the new MWD
20 Property Interests; and (d) MWD legal fees associated with this Agreement, which is
21 attached hereto as Exhibit "D" ("Cost Estimate").
Prior to MWD directing the
22 Consultant to commence with the design work, COUNTY shall pay MWD the full
23 amount of the costs estimated for the design of the New MWD Facilities, as set forth in
24
-3-
I
Exhibit "D". This payment shall serve as a draw fund to reimburse MWD for those
2 costs that are related to the design ("Design Draw").
In the event conditions or
3 circumstances require a change in the scope of work which would exceed the Design
4 Draw by 15% or more, and that change is approved in writing by COUNTY and MWD,
5 then MWD will submit to COUNTY a revised estimate of costs ("Revised Cost
6
Estimate"). Upon receipt of the Revised Cost Estimate, COUNTY shall pay MWD for
7 the increased amount of estimated design costs, which amount shall be applied by
8 MWD to the Design Draw. The Consultant will invoice MWD for the actual design costs
9 as they occur and MVVD will pay the Consultant. MWD will withdraw the Consultant's
10 design costs from the Design Draw to reimburse MWD for the payment of those actual
11 design costs. Upon completion of the design, MWD will withdraw from the Design Draw
12 an amount equal to the Consultant's final invoice for the design services and MWD's
13 administrative costs related to the preliminary and final design, and shall refund to
14 COUNTY any unused amounts of the Design Draw. If the final costs exceed the Design
15 Draw, but is less than a 15% increase in scope of work, MWD will invoice the COUNTY
16 and the COUNTY shall pay MVVD for any costs not covered by the Design Draw. The
17 creation of the draw fund and the withdrawals therefrom will be strictly an accounting
18 exercise. MWD is not required to segregate the Design Draw from its other funds.
19
6.2.3 Upon receipt of COUNTY's Design Draw, MWD will authorize the
20 Consultant to begin preparation of the design related to the New MWD Facilities.
21
22
23
24
-4-
1
6.2.4 MWD will provide COUNTY with copies of the 60%, 90%, 100%
2 and final design plans related to the New MVVD Facilities as they are developed and
3 approved by MWD.
4
6.3
Construction.
5
6.3.1
Once the design plans have been approved by MWD; COUNTY's
6 Construction Observation Draw described in Section 6.4.1 has been received by MWD;
7 and the new MWD Property Interest conveyance documents described in Section 6.6.3
8 herein has been fully-executed by COUNTY and delivered to MWD; MWD will issue
9 COUNTY a Notice to Proceed with construction. All construction work shall be subject
10 to all applicable MWD specifications and MWD's review, observation and written
11 approval. COUNTY, at COUNTY's sole cost and expense, shall perform the
12 construction work for the New MWD Facilities.
13
6.3.2
The Construction Schedule as it relates to New MWD Facilities
14 shall be developed by COUNTY and subject to MWD's written approval. COUNTY shall
15 submit to MWD the initial Construction Schedule and any changes thereto. One week
16 prior to commencing construction of MWD Facilities, COUNTY shall hold a
17 preconstruction meeting with COUNTY's contractor, MWD and MWD's Consultant.
18 COUNTY also shall contact the MWD Engineering Department at 623/546-8266 to
19 provide a 72-hour notice prior to commencing construction.
20
6.4
Construction Observation.
21
6.4.1 The Consultant will perform the construction observation of the
22 New MWD Facilities. The estimate of cost for the construction observation services is
23 described in the Cost Estimate attached hereto as Exhibit "D". Prior to MWD directing
24
-5-
1 the Consultant to commence with the construction observation services, COUNTY shall
2 pay MWD the full amount of the costs estimated for the construction observation
3 services related to the New MVVD Facilities, as set forth in Exhibit "D". This payment
4 shall serve as a draw fund to reimburse MVVD for those costs that are related to the
5 construction observation ("Construction Observation Draw"). In the event conditions
6 or circumstances require a change in the scope of work which would exceed the
7 Construction Observation Draw by 15% or more, and that change is approved in writing
8 by COUNTY and MVVD, then MWD will submit to COUNTY a Revised Cost Estimate.
9 Upon receipt of the Revised Cost Estimate, COUNTY shall pay MWD for the increased
10 amount of estimated construction observation services costs, which amount shall be
11 applied by MWD to the Construction Observation Draw, The Consultant will invoice
12 MWD for the actual construction observation costs as they occur and MWD will pay the
13 Consultant. MWD will withdraw the Consultant's construction observation costs from
14 the Construction Observation Draw to reimburse MWD for the payment of those actual
15 construction observation costs. Upon completion of the project, MWD will withdraw
16 from the Construction Observation Draw an amount equal to the Consultant's final
17 invoice for construction observation services and MWD's administrative costs related to
18 the preliminary and final design, and shall refund to COUNTY any unused amounts of
19 the Construction Observation Draw.
If the final costs exceed the Construction
20 Observation Draw, MWD will invoice COUNTY and COUNTY shall pay MVVD for any
21 costs that are not covered by the Construction Observation Draw. The creation of the
22 draw fund and the withdrawals therefrom will be strictly an accounting exercise. MWD
23 is not required to segregate the Construction Observation Draw from its other funds.
24
-6-
1
6.4.2 Upon completion of the construction and testing of the New MWD
2 Facilities, COUNTY will contact MWD for a final walk through observation. Upon
3 completion of the final walk through observation, MWD will issue to COUNTY a Notice
4 of Substantial Completion and Punch List that includes any minor items that still need to
5 be completed. COUNTY shall notify MWD when the items on the initial punch list have
6 been completed. Upon completion of the items on the Punch List and MWD's approval
7 of the New MWD Facilities, COUNTY shall provide MWD with the following:
8
*As-Built Drawings for New MWD Facilities, including horizontal and
vertical As-Builts information for utility crossings of New MVVD Facilities —
9
One (1) Mylar Set (24"x36"); two (2) copies of the Mylars (24"x36"); three
(3) 11"x17"; and one (1) CD of scans (pdf)
10
*Unconditional Lien Releases
*Property Description
11
*Construction Value
12
6.5
Final Acceptance and Conveyance of Facilities.
13
6.5.1 Upon completion and receipt of the documents described in Section
14 6.4.2, MWD shall issue a written final acceptance ("Final Acceptance") of the
15 construction work, and MWD shall prepare, and COUNTY shall execute and deliver to
16 MVVD a Bill of Sale conveying the New MWD Facilities, together with a two-year
17 warranty of merchantability.
All warranties shall commence upon the date of Final
18 Acceptance.
19
6.6
Easements And Fee Title Property.
20
A portion of the New MWD Facilities will be placed outside of the Existing
21 MWD Property Interests into New MVVD Property Interests, COUNTY will cause the
22 easement or easements (the "Easement") or the fee simple title property or properties
23
24
-7-
(the "Fee Property"), the alignments of which are conceptually depicted on
Exhibit "C" hereto, to be conveyed to MVVD.
3
6.6.1 Legal Descriptions And Exhibits.
4
6.6.1.1
MVVD or its Consultant will prepare any applicable Legal
5 Descriptions and Exhibits to delineate and describe the New MVVD Property Interests.
6
6.6.1.2 The Legal Descriptions and Exhibits shall be prepared in
7 accordance with MVVD's requirements and specifications and subject to MWD's review
8 and approval.
6.6.1.3 MVVD will prepare and submit to COUNTY a Cost Estimate
9
10
11
12
13
14
15 conditions or circumstances require a change in the scope of work which would exceed
16 the Cost Estimate for the Legal Descriptions and Exhibits by 15% or more, then MWD
17 will submit to COUNTY a Revised Cost Estimate for the Legal Descriptions and
18 Exhibits. COUNTY shall pay MWD for the increased amount of the estimated Legal
19 Descriptions and Exhibits costs and fees, which amount shall be applied by MWD to the
20 Legal Descriptions and Exhibits Draw Fund,
21
6.6.1.4
Upon receipt of COUNTY's payment of the Legal
Descriptions and Exhibits Draw Fund and at such time as the design for the New MWD
22
Facilities reaches a 60% stage, the Legal Descriptions and Exhibits will be prepared.
23
24
for the preparation of the Legal Descriptions and Exhibits. Prior to MVVD or its
Consultant commencing with the work on the Legal Descriptions and Exhibits, COUNTY
shall pay MVVD the full amount of the costs and fees estimated for the Legal
Descriptions and Exhibits as set forth in the Cost Estimate. This payment shall serve as
a draw fund to reimburse MWD for those costs and fees that are related to the Legal
Descriptions and Exhibits (the "Legal Descriptions and Exhibits Draw"). In the event
-8-
1
2
I
6.6.1.5
MWD will provide COUNTY with copies of the Legal
2 Descriptions and Exhibits as they are developed and approved by MWD.
3
6.6.1.6
MWD will withdraw from the Legal Descriptions and
4 Exhibits Draw Fund an amount equal to MVVD's costs and fees for the Legal
5 Descriptions and Exhibits as the work on the Legal Descriptions and Exhibits
progresses and, upon completion of the Legal Descriptions and Exhibits, shall refund to
COUNTY any unused amounts of the Legal Descriptions and Exhibits Draw Fund. If
the final costs and fees exceed the Legal Descriptions and Exhibits, MWD will invoice
COUNTY and COUNTY shall pay MWD for any costs and fees not covered by the Legal
Descriptions and Exhibits Draw Fund.
6.6.2 Preliminary Title Report.
Within ten (10) days prior to conveyance of the New MWD Property
Interest to MIND, COUNTY shall submit to MWD for its review and approval, a
preliminary title report, including Schedule A, Schedule B, and legible copies of
Schedule B exception documents, providing evidence that COUNTY, or the entity
conveying the New MWD Property Interest to MWD, owns the underlying fee title
property to the New MWD Property Interest and confirming that the New MWD Property
Interest is free of all liens and encumbrances.
6.6.3 Conveyance of New MWD Property Interests.
Prior to the issuance by MWD of a Notice to Proceed with
construction of the New MWD Facilities, COUNTY shall deliver to MWD an appropriate,
fully-executed conveyance instrument, as prepared by MIND for the New MWD Property
Interests. The instrument for the conveyance by COUNTY to MWD of an Easement
shall be in the form of the Easement attached hereto as Exhibit "E". The instrument
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
-9-
1 for the conveyance by Landowner to MWD of a fee simple property shall be in the form
2 of the Warranty Deed attached hereto as Exhibit "F".
3
6.7
After Conveyance.
4
After COUNTY's conveyance to MWD of MWD Facilities and MWD
5 Property Interests, MWD shall be responsible for the operation and maintenance of the
6 MWD Facilities and MWD Property Interests and COUNTY shall have no further
7 obligation or liability with respect to those MWD Facilities and MWD Property Interests,
8 except for the above-described warranties.
9
6.8
Acquisition Of Fee Simple Title Existing MWD Property Interests.
10
COUNTY, at COUNTY's cost, shall acquire Existing MWD Property
11 Interests held in fee simple title by MWD and identified on Exhibit "C" hereto, that, in
12 MWD's sole determination, are no longer useful to MWD or are to be relocated or
13 replaced. The value to be paid to MWD for these fee simple title Existing MWD
14 Property Interests shall be established by an appraisal, ordered by MWD and paid for in
15 advance by COUNTY. If MWD determines it would be appropriate to exchange an
16 equivalent amount of COUNTY's fee title property for MWD's fee title property, then
17 COUNTY shall not be obligated to pay MWD for these Existing MWD Property Interests
held in fee simple title by MWD. MWD shall deliver to COUNTY a Warranty Deed in the
18
form attached hereto as Exhibit "F" for any such Existing MWD Property Interests,
19
20
6.9
Limitations.
21
Nothing in this Agreement shall be construed to require MWD to abandon
22 or remove any MWD Facilities or MWD Property Interests, or to accept MWD Facilities
23
24
-10-
1 and MVVD Property Interests if, in MVVD's sole determination, doing so will impair its
2 transmission and distribution of water, power and communications to MWD customers.
3
6.9.1 COUNTY shall, at its cost, be responsible for the removal of the
4 Existing MWD Facilities no longer needed as a result of the New MWD Facilities.
5
6.9.2 COUNTY shall not remove Existing MWD Facilities until after MWD
6
issues its written Final Acceptance of the New MWD Facilities. Upon receipt of MWD's
7 written Final Acceptance and prior to such removal, COUNTY shall contact the MWD
8
Engineering Department at 623/546-8266 and provide a 72-hour notice. The schedule
9
for removal of Existing MWD Facilities shall be coordinated with and approved in
10
writing by MVVD.
11
6.10 Legal Fees.
12
MWD will invoice COUNTY and COUNTY will pay MWD for the
13 reimbursement of any legal fees associated with this agreement, in accordance with the
14 Cost Estimate for Legal Fees, as set forth in Exhibit "D" hereto.
15
7.
PRIOR AND SUPERIOR RIGHTS.
16
MWD has the right to use all MWD Facilities and MWD Property Interests for all
17 MWD purposes. MWD shall at all times have a prior and superior right of access to and
18 use of MWD Facilities and MWD Property Interests to construct, reconstruct, operate,
19 maintain and replace MWD Facilities and MWD Property Interests.
20
8.
CONSTRUCTION LIENS.
21
With respect to all work done by COUNTY on the MWD Facilities, COUNTY is an
22 independent contractor and not the agent of MWD. COUNT shall indemnify, defend
23 and hold MWD harmless for, from and against all damages, claims or liabilities arising in
24
1 favor of COUNTY's employees, MWD employees or third persons on account of
2 personal injuries, death or damages to property in any way resulting from the willful or
3 negligent acts or omissions of COUNTY, COUNTY's agents, employees,
4 representatives, material suppliers, contractors or subcontractors, except for the willful
5 or negligent acts or omissions of MWD's agents or employees. COUNTY shall pay off
6 and satisfy all valid claims for labor and material employed or used in any way by
7 COUNTY in connection with the work performed, and COUNTY shall indemnify, defend
8 and hold MWD harmless for, from and against all damages, claims or liabilities arising
9 out of such claims.
10
9.
NO TRANSFER, FORFEITURE OR ABANDONMENT OF RIGHTS.
11
This Agreement shall not effectuate a transfer of any rights of MWD, including,
12 but not limited to, water rights, to COUNTY or to any other party, and COUNTY shall not
13 use this Agreement in any way as the grounds or basis for making a claim of any kind to
14 transfer such rights. Nothing contained herein shall be interpreted as constituting any
15 intent to forfeit or abandon any water rights on the part of either Party hereto.
16
10.
SUCCESSORS AND ASSIGNS.
17
This Agreement shall be binding upon and inure to the benefit of the Parties
18 hereto and their respective successors and assigns.
19
11.
NOTICES.
20
Except as otherwise required by law, any notice given in connection with this
21 Agreement shall be in writing and shall be given by personal delivery, overnight courier
22 service, telecopy or United States certified or registered mail, return receipt requested,
23
24
-12-
1 postage prepaid, addressed to MVVD or COUNTY at the following addresses, or at such
2 other addresses as MVVD or COUNTY may designate in writing:
4
5
MWD:
If Mailed:
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
Attention: Property & Contracts Manager
If Delivered:
Maricopa Water District
6
14825 W. Grand Avenue
Surprise, AZ 85374
7
Attention: Property & Contracts Manager
If By Telecopy:
Fax # (623) 584-2536
8
9
10
11
COUNTY:
If Mailed:
Maricopa County
Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
Attention: Utility Engineering Branch
If Delivered:
Maricopa County
12
Department of Transportation
2901 W. Durango Street
13
Phoenix, AZ 85009
Attention: Utility Engineering Branch
14
If By Telecopy:
Fax # (602) 506-7254
15 Notice shall be deemed to have been given on the date the notice is delivered if notice
16 is given by personal delivery or telecopy, on the date of delivery to the overnight courier
17 service, if such a service is used, and on the date of deposit in the mail, if mailed.
18 Notice shall be deemed to have been received on the date the notice is actually
19 received or delivery is refused.
20
12.
WAIVER.
21
The waiver by any Party hereto of any right granted to it hereunder shall not be
22 deemed to be a waiver of any other right granted hereunder, nor shall the same be
23
24
-13-
1 deemed to be a waiver of a subsequent right by reason of the continuation of any matter
2 previously waived.
3
13. ATTORNEYS' FEES.
4
If there is any litigation between MVVD and COUNTY to enforce or interpret any
5 provisions hereof or rights arising hereunder, the unsuccessful Party in such litigation,
6 as determined by the court, shall pay to the successful Party, as determined by the
7 court, all costs and expenses, including, but not limited to, reasonable attorneys' fees
8 incurred by the successful Party, such fees to be determined by the court sitting without
9 a jury.
10
14. GOVERNING LAW.
11
This Agreement is executed and intended to be performed in the State of Arizona
12 and shall be construed and enforced in the courts of law of the State of Arizona.
13
16. ENTIRE AGREEMENT.
14
This Agreement sets forth the entire understanding of the Parties with respect to
15 the matters set forth herein as of the date hereof; it supersedes all prior oral or written
16 agreements of the Parties as to the matters set forth herein; and it cannot be altered or
17 amended except pursuant to an instrument in writing signed by MWD and COUNTY.
18
16. COUNTERPARTS.
19
This Agreement may be executed in counterparts, each of which shall be
20 deemed an original, but all of which shall constitute one and the same instrument.
21
17. CONSTRUCTION.
22
This Agreement is the result of negotiations between the Parties, neither of whom
23 has acted under any duress or compulsion, whether legal, economic or otherwise.
24
-14-
1 Accordingly, the terms and provisions hereof shall be construed in accordance with their
2 usual and customary meanings. MWD and COUNTY hereby waive the application of
3 any rule of law which otherwise would be applicable in connection with the construction
4 of this Agreement that ambiguous or conflicting terms or provisions would be construed
5 against the Party who prepared the executed Agreement.
6
18. INTERPRETATION.
7
If there is any specific and direct conflict between, or any ambiguity resulting
8 from, the terms and provisions of this Agreement and the terms and provisions of any
9 document, instrument or other agreement executed in connection herewith or in
10 furtherance hereof, including any exhibits hereto, the same shall be consistently
11 interpreted in such manner as to give effect to the general purposes and intention as
12 expressed in this Agreement, which shall be deemed to prevail and control.
13
19. HEADINGS.
14
The headings in the Agreement are for reference only and shall not limit or define
15 the meaning of any provision of this Agreement.
16
20. RELATIONSHIP OF PARTIES.
17
Nothing herein contained shall be construed to create an association, joint
18 venture, trust or partnership among the Parties. Each Party shall be individually
19 responsible for its own representations, obligations and liabilities under this Agreement.
20 All rights of the Parties are several, not joint. No Party shall be under the control or
21 direction of or shall be deemed to control another Party. Except as expressly provided
22 in this Agreement, no Party shall have the right or power to bind another Party without
23 its express written consent.
24
-15-
1
21. NO THIRD-PARTY BENEFICIARY.
2
No term or provision of this Agreement, or the exhibits hereto, is intended to be,
3 nor shall any such term or provision be construed to be, for the benefit of any person,
4 firm, corporation or other entity not a Party hereto, and no other person, firm corporation
5 or entity shall have any right or cause of action hereunder.
6
22. SEVERABILITY.
7
If any provision of this Agreement or any portion of any provision of this
8 Agreement is finally adjudicated to be invalid, illegal or unenforceable, such invalidity,
9 illegality or unenforceability shall not alter the remaining portion of such provision, or
10 any other provision hereof, to the extent that the remaining provisions reasonably set
11 forth the original intent of the parties.
12
23. AUTHORIZATION.
13
If this Agreement is executed by an individual on behalf of any legal entity, the
14 undersigned officer or representative of said entity represents and warrants that the
15 entity has the power and authority to enter into this Agreement, that the execution by
16 him or her on behalf of the entity has been duly authorized, and that the entering into
17 this Agreement is in the best interests of such entity.
24. EFFECTIVE DATE AND DURATION.
This Agreement is effective as of the execution date set forth below, and shall
continue in effect until the obligations of the parties hereunder are completed.
26. CANCELLATION.
Notice is hereby given of COUNTY's right to cancel this Agreement pursuant to
A.R.S. § 38-511.
18
19
20
21
22
23
24
-16-
?RENA minim
lb* Arizona
Maricop-
Expires 101=321
-17-
23
24
My Commission Expire
1017 -21
1
26,
WATER DAMAGE
2
MWD shall not be liable for any loss sustained by COUNTY, its officers,
3 employees, agents, assigns, or invitees on the Road Project because of water damage
4 from any source whatsoever including, but not limited to, flood, drainage, or run-off,
5 irrespective of any prior knowledge by MVVD of the possibility of such flood, drainage, or
6 run-off, or any act, omission, or negligence of MWD, its directors, officers, employees,
7 or agents arising from operation or maintenance of any canal or other work.
8
IN WITNESS WHEREOF, the Parties have hereunto caused these presents to
9 be executed on the 13 /4 day of
at_
10
MARICOPA
COUNTY
MUNICIPAL
ATTEST:
WATER CONSERVATION DISTRICT
NUMBER ONE, a municipal corporation
and a political subdivision of the State of
Arizona
, 2019.
By:
Chris me Cain
14
Its:
Property and Contracts Manager
15
By:
Glen Vortherms
Its:
Assistant Secretary
11
12
13
STATE OF ARIZONA
) as:
County of Maricopa
On this r-1-4,k day of IC) Yvo—
, 2019, before me, the undersigned Notary
Public, personally appeared Christine Cain and Glen Vortherms, known to me to be the
Property & Contracts Manager and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a municipal corporation
and a political subdivision of the State of Arizona, and they, being duly authorized so to do,
executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
16
17
18
19
20
21
22
3
RECOMMENDED FOR APPROVAL:
nnifer Tbtti
4
By:
5
Its:
Dm or of Transportation
CI)1
ANNA MARIE RAMIREZ
NOTARY PUBUC, ARIZONA
MARICOPA COUNTY
My Commission Expires
November 9.2020
12
IN WITNESS WHEREOF, I have hereunto set my
My Commission Expires:
klrott6k.viy 01.010A.0
13
14
15
16
17
18
19
MARICOPA COUNTY, ARIZONA, a political
subdivision of the State of Arizona
6
7
STATE OF ARIZONA
8
) ss:
County of Maricopa
On this
r r 1 day of L OALA ,
, 2019, before me, the undersigned Notary
Public, personally appeared Jen ifer Toth known to me to be the Director of Transportation
of MAR1COPA COUNTY, ARIZONA, a political subdivision of the State of Arizona, and she,
being duly authorized so to do, executed the foregoing instrument for the purposes therein
contained.
20
21
22
23
24
I
2
9
10
11
-18-
EXHIBIT "A"
The Road Project
COUNTY's Olive Avenue Project
Sarival Avenue to Reems Road
A map depiction and description of the proposed Road Project
Ste 216+72.72, 25.00' Lt
Sec 25 NW, 30 NE
Sec 36 SW, 31 SE
Ste 265+48.87, 40.00' Lt
Sec 30 NW, 29 NE
Sec 31 SW, 32 SE
WM.
OLIVE AVENUE g
4!
MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
ENGINEERING DIVISION
OLIVE AVENUE
SARI VAL AVENUE TO REEMS ROAD
PROJECT TTO5S2
-25 3N 2W---3
OLIVE VEASE
PEORIA
31II
VaillE
1W -29 3N 1W-
-36 3N 2
3N
'1
1WI
.,
-31 3N
N RTHERN
11+32
AVENUE /
7•101mg,
iiivirolm.
wiailipswg-
yergriiiiiimiltale.
111-
ii
MARICOPA COUNTY
Not to Scale
PROJECT NO. TT0562
VICINITY MAP
Nel la Sae
DATE
0113
.18
OVID
PRELIMINARY
NOT FOR
CONSTRUCTION
DESIDEED C.A.LEER
DRAWN J. GRPEDV
oiTcSEC .DAPP
VI- UN INTERNATIONAL
engineers! planner. !scientists
s !
%PK
Wei
STATE PROJECTED.
C:ON
RECORD CRAWDIC
AZ
,
1-70581
EXHIBIT A
LIMITS OF NEW ROAD CONSTRUCTION WITI-fIN MVYD LIMITS= 4,550.21'
TOTAL ()LYE AVENUE PROJECT OMITS -7,190.48'
OLIVE AVENUE
SARI VAL AVENUE TO REEMS ROAD
01.11.
WPM
EXHIBIT A
EXHIBIT "B"
COUNTY's Olive Avenue Project
Sarival Avenue to Reems Road
MWD Existing Facilities & Property interests
A map of the Road Project locating all of the Existing MWD Facilities
and Existing MWD Property Interests
I _641.E.0_,2LL a le/at .9_13_CW_
Soak 14; Page 35;
Soak 24, Page 3
3' Remota Ltd. Fee
;
—1Exie
ffkiett--a!
IBT,
- I
Section Lino
_\
6
'
-
•-II•••rm
eF.
Sdst
VAVVO 33' Rornola Ltd. Fee
And Lateral-Iconcrete bTIS
Bk19,Pg 16
Inerdirg
aligagati4gEfi
Sk 19, Pg 16
_MAD
40' Latetnifi
Sub-Lateral H Rai
Book PS, Page 35;
Book 24, Page 3
SARIVAL AVEN UE
OLIVE AVENUE
MWD 20'PrescriptIve Easement
INEMesmola Ltd Fee
EXHIBIT B
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
OLIVE AVENUE, SARIVAL AVENUE TO REEMS ROAD PROJECT
EXISTING MWD FACILITIES AND PROPERTY INTERESTS
SECTIONS 29, 30,31, and 32. TOWNSHIPS NORTH, RANGE 1 WEST
NOT TO SCALE
viers OF NEW ROAD CONSTRUCTION WITHIN 114WD LIMITS • 4,550.21'
TOTAL 01JVE AVENUE PROJECT LIMIT'S =7,190.49'
March 2018- Sheet 1 of 2
IC
11
h
•
MWD 33' RO MEoti/NcIfe4
C
L.
.9erlinn Line
RoffioJa Ltd Fee
Seem Line
—
Exist EP
OUVE AVENUE
Ede EP;
39'1
1,40,/
And Laisral9 Connte16 Dacia
Bk 19, Pg
EXHIBIT B
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
OLIVE AVENUE, SARIVAL AVENUE TO REEMS ROAD PROJECT
EXISTING MWD FACILITIES AND PROPERTY INTERESTS
SECTIONS 29,30, 31, and 32, TOWNSHIP 3 NORTH, RANGE 1 WEST
LIMITS OF NEW ROAD CONSTRUCTION WITHIN MWD LIMITS = 4,s5oa1
k
1".
TOTAL OLIVE AVRNUE PROIRCI" LIWTS 1, 1154L
NOT TO SCALE
21021/p_20'. Lateral S
—SirbateloITROW-
And Concrete Ditch
Book 289,
2O6-208
March 208- Sheet 2 of 2
1
EXHIBIT "C"
2
3
4
COUNTY's Olive Avenue Project
5
Sarival Avenue to Reems Road
6
MWD Facilities & Property Interests
7
To Be Relocated Or Replaced
8
A map of the Road Project and other documentation describing the location of MVVD Facilities and MVVD
9
Property Interests to be existing and unaffected, abandoned, removed or modified in place and upgraded,
replaced relocated, constructed, or acquired and conveyed by COUNTY for the Road Project.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
gemove_tcmga_
Concrete Lined DIU
Exist EP
BOnkfiII & Compact
OLIVE AVENUE
MWD 33' Romola Ltd. Fee
1,9. Ps, ..16
Rematn)
T
KW,, •
Togsrjor Secement
Easement Raman-,
'Wine To Be Replaced)
MWD 33' Remota Ltd. Fee
Bk19. PO 16
/ (To ROMMI)
L5g=-1
Exist EP
tTD_T/P_Silltd.W
(To Be Replaced)
Section Line
MWD 33' Romola Ltd. Fee And
Lateral 9 Concrete Ditch
Sk 19, Pg 16
(ROW To Remain
Ditch To Be Abandoned)
WOW MWP .Z9.:fgafnefi
ROOR K Pogo 35;
Book 24, Page 3
(ROW To Remain)
MWO 3,3Romola —
g,l9gAmod
Lateral 9 Concrete Nen
19k 19, Pg 16
(ROW To Remain
Ditch To Be Abandoned)
Aqu re uring
reject -170561j
1,,J ,LJI
c1J
•r wr
drig.pnesement
New RPM
EXHIBIT C
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
OLIVE AVENUE, SARIVAL AVENUE TO REEMS ROAD PROJECT
MWD FACILITIES AND PROPERTY INTERESTS TO BE RELOCATED, ABANDONED, OR AQUI RED
SECTIONS 29, 30, 31, and 32, TOWNSHIP 3 NORTH, RANGE 1 WEST
NOT TO SCALE
LIMITS OF NEW ROAD CONSTRUCTION WITHIN HIM LIMITS = 4,550.21'
TOTAL OLIVE AVENUE PROJECT LUSTS =7,190419'
JEW( ;AMA
Book 14, Page 35;
Rook 24 Page 3
(To Remalof
March 2018- Sheet 1 of 2
MWD 33•RomsicalWdo %
(To R4itl
it
MWD Romola Ltd. Fee
Fir0112010.
_WO 33' Romola Ltd-Eco_
Bk 19, Pg 16 \
(To Remain)
&MEP
,
_&111A
u-yte_BLYISibig
Concrete Lined Ditch
Backlit! & Compact
i
;
I
Section line
....
OLIVE AVENUE
Exist EP/
NQBMBS o' Easement I
and-Pipelina
AltfliniRoinola US FeeAnd /
And Lateral 9 Concrete Ditch
Book 19, Pg 16
(Romola To Remain
Ditch To Be Abandoned)
• VI
_
I t
0
'
11
1-4
gew_.,41Wp 20LgaseMent
and-Pipeline
jt
I I
Ii I
I
I
1 1 i; it
i I'
If
Section Line
EXHIBIT C
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
OUVE AVENUE, SARIVAL AVENUE TO REEMS ROAD PROJECT
MWD FACILITIES AND PROPERTY INTERESTS TO BE RELOCATED. ABANDONED, OR AOUIRED
SECTIONS 29, 30, 31, and 32, TOWNSHIP 3 NORTH, RANGE 1 WEST
LIMITS OF NEW ROAD CONSTRUCTION WITHIN MWD LIMITS= 4.5521'
TOTAL OLIVE AVENUE PROJECT U64175.7,190.484
NOT TO SCALE
MWOJcial
Sub-Lateral Row
And Concrete Ditch
Book 259, Pgs 206-208
(ROW To Remain
Ditch To Be Abandoned)
New RIW
March 2018- Sheet 2 of 2
EXHIBIT "D"
COUNTY's Olive Avenue Project
Sarival Avenue to Reems Road
Cost Estimate
%MVO
MARICOPA WATER DISTRICT
Exhibit ID"
MCDOT Olive Avenue - Sarival Avenue to Reems Road
Lateral 9 & Lateral 9 Sublateral I Relocations
Cost Estimate
March 11,2019
Legal Fees
Design Cost Estimate
Item
Description
I
Design
3
Legal Descriptions & Exhibits
2 MWD Administrative Costs for Design
Sub-Total Design
Construction Services Cost Estimate
2,500
Cost
$ 69,500
7,500
6,950
83,950
Item
Description
Cost
6 Construction Observation/Management by GCE
7 MWD Inspection & Observation
Sub-Total Construction Services
• $
24,350
6,088
30,438
Total Cost Estimate
Schedule
$
114,388
Item
Description
1
GCE 60% Design Plans & MWD Review
2 GCE 90% Design Plans & MWD Review
3
GCE Draft Final Design Plans & MWD Review
5
GCE Final Design Plans
Total Schedule (Weeks)
Time (weeks)
6
6
6
5
23
SPECIAL NOTES:
The above Estimate of Costs includes: a) the Design and Construction Observation by MWD
and its Consultant for Lateral 9 & Lateral 9 Sublateral I; b) the review and approval by MWD
and its Consultant of MCDOT's Olive Avenue design; and c) the construction observation by
MWD and its Consultant for the construction of Olive Avenue.
2
Construction of New MWD Facilities to be performed by MC DOT's contractor.
Please note that this estimate is based on best available information, and assumptions
documented herein; costs may fluctuate to reflect any project changes, holds, or conflicts.
4
Thls estimate Is valid for 90 days from the date listed above,
3
03/11/19
EXHIBIT "E"
COUNTY's Olive Avenue Project
Sarival Avenue to Reems Road
MWD Easement — Form Of Conveyance Instrument
WHEN RECORDED MAIL TO:
Exhibit "E"
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
EASEMENT
COMPANY NAME, a (Insert Legal Structure), hereinafter "Grantor" for and in
consideration of the agreements contained herein, does hereby grant MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, hereinafter "Grantee" a permanent, exclusive easement, free and clear of any
liens and encumbrances, along with a right of ingress and egress, to enter upon and use the
lands, more particularly described on Exhibit "A" attached hereto (the "Easement Parcel").
1.
Grantee shall at all times have a prior and superior right of access to and use of
the Easement Parcel to accomplish all of Grantee's purposes, including, but not limited to the
transmission and distribution of water, wastewater, power and communications, and to construct,
reconstruct, operate and maintain Grantee's existing and any future facilities, including, but not
limited to, water, wastewater, electrical and communication facilities located within the Easement
Parcel.
2.
Grantor reserves the right to construct, reconstruct, operate, maintain, repair and
replace
") and other improvements agreed to in writing by
Grantee ("Other Improvements") within the Easement Parcel, subject to Grantee's rights herein
granted. The design for the and all Other Improvements shall be subject to
Grantee's review and approval and shall not impede nor limit Grantee's use of or full vehicular
access to and over the Easement Parcel. Grantor shall be responsible for all costs and expenses
associated with
and all Other Improvements, including, but not limited to, any
costs or expenses necessary for the repair or replacement of and all Other
Improvements that are damaged or destroyed by Grantee, its employees, contractors or agents,
who are accessing and/or using the Easement Parcel to accomplish any of Grantee's purposes,
or that require repair or replacement for any other reason.
3.
Grantor shall indemnify and hold harmless Grantee from any and all liability, cost,
expense or damages resulting from Grantor's exercise of rights reserved herein for Grantor.
4.
Except as provided in Paragraph 2 hereof, Grantee shall indemnify and hold
harmless Grantor from any and all liability, cost, expense or damages resulting from Grantee's
use of the easement herein granted.
5.
Grantor may, at Grantor's expense and subject to Grantee's prior written approval,
relocate, modify, upgrade, replace or reconstruct Grantee's existing or future facilities and
property interests. Grantor shall reimburse Grantee for all costs and expenses incurred by
Grantee to remove, relocate, modify, upgrade, replace or reconstruct Grantee's existing or future
facilities or existing or future property interests to accommodate Grantor's rights reserved herein
for a
and all Other Improvements agreed to in writing by Grantee.
6.
Any notice hereunder to be given by Grantor to Grantee shall be in writing and
shall be given by personal delivery, overnight courier service, telefacsimile or United States
certified or registered mail, return receipt requested, postage prepaid, to Maricopa Water District,
14825 West Grand Avenue, Surprise, Arizona 85374, Attention: Property and Contracts Manager,
Telefacsimile Number 623/584-2436. Any notice to be given hereunder by Grantee to Grantor
shall be in writing and shall be given by personal delivery, overnight courier service, telefacsimile
or United States certified or registered mail, return receipt requested, postage prepaid, to (Insert
Company Name — Remove Bold), fInsert Address), Attention: , Telefacsimile Number
.
Either party may designate by written notice, a new address to which any such notice shall
thereafter be so addressed and mailed.
7.
Each of the easements, covenants, conditions, restrictions, rights and obligations
set forth herein runs with the land and creates equitable servitudes in favor of the Grantee and its
successors and assigns, binds every person having any fee, leasehold or other interest therein
and inures to the benefit of the respective parties and their successors, assignees, heirs and
personal representatives.
8.
Any subsequent owner of the Easement Parcel or any portion thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purpose thereof,
whether from the original Grantor or from a subsequent owner of such Easement Parcel, or any
portion thereof, accepts such deed or contract upon and subject to each and all of the easements,
covenants, conditions, restrictions and obligations contained herein, and assumes the obligations
of Grantor hereunder. By such acceptance and assumption, any such subsequent owner for
himself and his successors, assignees, heirs and personal representatives, covenants, consents
and agrees to keep, observe, comply with, and perform the obligations and agreements of Grantor
set forth herein with respect to the real property so acquired by such subsequent owner.
9.
Each provision of this Easement in the application thereof to the Easement Parcel
and hereby declared to be independent and severable from the remainder of this Easement. If
any provision contained herein is held to be invalid or to be unenforceable or not to run with the
land, such holding does not affect the validity or enforceability of the remainder of this Easement.
10.
Time is of the essence of this Easement.
11.
This Easement contains a complete understanding and agreement of the parties
hereto with respect to all matters referred to herein, and all prior representations, negotiations,
and understandings are superseded hereby. Exhibits attached hereto are incorporated herein by
this reference.
12.
The laws of the State of Arizona govern the interpretation, validity, performance
and enforcement of this Easement.
-2-
IN WITNESS WHEREOF, the parties have executed this easement this
day of
APPROVED:
ATTEST:
MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER ONE, a
political subdivision of the State of Arizona
By:
By:
Christine Cain
Glen Vortherms
Its:
Property & Contracts Manager
Its:
Assistant Secretary
ACKNOWLEDGMENT
STATE OF ARIZONA
) ss:
County of Maricopa
On this
day of
, before me the undersigned Notary
Public personally appeared Christine Cain
and Glen Vortherms known to me to be the
Property and Contracts Manager
and Assistant Secretary of MARICOPA COUNTY
MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the
State of Arizona, and they, being duly authorized so to do, executed the foregoing instrument for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
COMPANY NAME, a (Legal Structure)
ATTEST:
By:
By:
Its:
Its:
ACKNOWLEDGMENT
STATE OF ARIZONA
County of Maricopa
)
) ss:
)
On this
day of
, before me the undersigned Notary
Public personally appeared and known to me to be the and
of COMPANY NAME, a (Legal Structure), and they, being duly authorized so to do, executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
EXHIBIT "F"
COUNTY's Olive Avenue Project
Sarival Avenue to Reems Road
MWD Warranty Deed — Form Of Conveyance Instrument
WHEN RECORDED MAIL TO:
Exhibit "F"
Maricopa Water District
P.O. Box 900
Waddell, AZ 85355-0900
Exempt from Affidavit and Fee
Pursuant to A.R.S. 42-1614(A)(3)
WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other valuable considerations, COMPANY
NAME, legal structure ("Grantor") hereby conveys to MARICOPA COUNTY MUNICIPAL WATER
CONSERVATION DISTRICT NUMBER ONE, a political subdivision of the State of Arizona ("Grantee")
the following real property, including any improvements thereto, situated in Maricopa County, Arizona,
together with all rights and privileges appurtenant thereto:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
SUBJECT to all taxes and other assessments, reservations in patents and all easements, rights-
of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear
of record, Grantor warrants the title against all persons whomsoever.
IN WITNESS WHEREOF, the parties have executed this easement this
, 20
.
day of
ATTEST:
COMPANY NAME, legal structure
By:
By:
Its:
Its:
STATE OF ARIZONA
County of Maricopa
)
) ss:
)
On this
day of
, 20
, before me the undersigned Notary Public
personally appeared
and
known to me to be the and
of COMPANY NAME, legal structure, and they, being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
My Commission Expires: