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HomeMy WebLinkAboutCopper Canyon Development, LLC - Contract#: Expire DT: 4/20/2026 RESOLUTION NO.(R)11-22 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A LINE EXTENSION AGREEMENT FOR CONSTRUCTION OF PROTECTED WATER FACILITIES UNDER PRIVATE CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND COPPER CANYON DEVELOPMENT,LLC WHEREAS,the Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and is entitled to the immunities and exemptions granted to municipalities and political subdivisions under the laws of the State of Arizona;and WHEREAS,pursuant to A.R.S.§9-511,et seq.,the Town has the requisite statutory authority to acquire,own and maintain a water utility for the benefit of the residents within and without the Town's corporate boundaries;and WHEREAS,Copper Canyon Development,LLC is the owner of property located in a portion of Section 4,Township 12 South,Range 13 East;and WHEREAS,pursuant to Oro Valley Town Code Section 15-12-3,the Town is authorized to enter into Line Extension Agreements for construction of protected water facilities;and WHEREAS, Copper Canyon Development, LLC desires to enter into a Line Extension Agreement with the Town of Oro Valley for the construction of protected water facilities to provide service to the project known as Sunset Canyon Estates,under private contract,attached hereto as Exhibit"A"and incorporated herein by this reference;and WHEREAS,the Line Extension Agreement for construction of the protected water facilities is found to be mutually beneficial to both parties. NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona,that the Line Extension Agreement for construction of the protected water facilities between the Town of Oro Valley and Copper Canyon Development,LLC,attached hereto as Exhibit"A"and incorporated herein by this reference, is hereby authorized and approved. BE IT FURTHER RESOLVED that the Mayor,the Water Utility Director and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Line Extension Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona,this 20th day of April,2011. TOWN OF ORO VALLEY Dr'Satish I.Hir-m. ayor ATTEST: APPROVED AS TO FORM: Jut/.Bower,Town Clerk Tobin Rosen,Town Attorn Date: /AI 1// Date: '4(-'4% 2 { Print Fortn I TOWN OF ORO VALLEY LINE EXTENSION AGREEMENT FOR CONSTRUCTION OF PROTECTED WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT,authorized by Chapter 15 of the Oro Valley Town Code is made and entered into this 9th day of December ,20 10,by and between the Town of Oro Valley(the"Town")and Copper Canyon Development (the"Applicant")for the construction of Protected Water Facilities. RECITALS WITNESSETH: WHEREAS,the Applicant desires to install Protected Water Facilities to provide service to the project to be known as Sunset Canyon Estates located on the parcel of land legally described in Exhibit"A",hereinafter called the"Subject Property;"and WHEREAS,the required plans,specifications,and materials for the Protected Water Facilities have been approved by the Town;and WHEREAS,the Applicant understands that the project under this Agreement is not eligible for any credits against any impact fees established and collected by the Town for the cost of constructing the necessary onsite and/or offsite water infrastructure necessary to provide domestic and fire protection water services to the development. Impact fees are due and payable at the time water meter(s)are purchased. WHEREAS,the Applicant desires that the Town take possession of,operate and service the Protected Water Facilities;and WHEREAS,the Town is willing to accept the Protected Water Facilities and permit them to be connected to the Town Water System provided the Protected Water Facilities meet Town standards and the work is done in accordance with Town requirements;and WHEREAS,the estimated cost of the Water Facilities shall be One Hundred Forty Nine Thousand Five Hundred and Fifteen dollars and zero cents ($149,515.00 ). F LPAW.ted.1 1001... NOW THEREFORE, in consideration of the matters and conditions set forth in this Agreement,it is hereby agreed as follows: COVENANTS I. DEFINITIONS,FOR THE PURPOSE OFTHIS AGREEMENTONLY A. Service Connection means action taken by duly authorized Town personnel resulting in actual delivery of water service to specific premises. B. Water Facilities means those Water Facilities,OV Plan No.12-05-31 , to be constructed under this Agreement for the purpose of providing water service and fire protection to the Subject Property as outlined in Exhibit"A". The Water Facilities shall be outlined within Applicant's Water Facilities Construction cost estimate, attached hereto as Exhibit "B", and incorporated herein by this reference. Exhibit"A"shall show the approximate location of the Water Facilities easement. C. Water Infrastructure means any and all permanent or semi-permanent machinery, equipment,water pipes and water mains installed for the purpose of facilitating the delivery of water to customers of Oro Valley's Water Utility. D. Protected Facility means any water facility installed by private contract in such a manner as to provide water service to any property adjacent to the water facility that did not participate in the costs of the facility E. Final Acceptance means that all construction has been completed and inspected, and that all requirements to complete and sign off on this Agreement shall be satisfied pursuant to the Final Acceptance of the Water Facilities,attached hereto as Exhibit"F", and signed by both parties. Once the project is complete, Applicant shall submits signed copy of Exhibit"F"within thirty(30)days to the Water Utility. II. GENERAL A. Upon approval by the Town and at Applicant's own expense,Applicant shall design,and upon approval by the Town,install,at Applicant's own expense,the Protected Water Facilities as set forth in the Water Facilities Construction Plan, Oro Valley Plan No.12-05-31 ,a true and correct copy of which is on file with the Oro Valley Water Utility. By this reference,the Protected Water Facilities shall collectively refer to those facilities set forth in Oro Valley Plan No. 12-05-31 B. Calculation for Construction of Facilities-this calculation shall be based on current construction costs. The calculation for construction of any protected facilities shall be determined by the Utility Director based on the specific facility and the benefit realized by non-participating parties. C. Water Facilities shall be constructed by a contractor properly licensed by the State of Arizona and all proper governmental authorities for the type of work specified. D. Before any service connections are made to the Protected Water Facilities or the Town's water system,all fees which are then due shall be paid to the Town pursuant to this Agreement. E. No water meter shall be sold and/or installed until the following have been met: 1. A"Certificate of Approval of Construction"has been issued by Pima County Department of Environmental Quality and received by the Oro Valley Water Utility. 2. The Water Facilities as set for in the Water Facilities Construction Plan,Oro Valley Plan N0.12-05-31 have been connected to the existing water system. 3. A building permit has been issued by the Town of Oro Valley,Pima County, or any other appropriate jurisdictional agency. 4. Development impact fees,meter fees,plan review fees and inspection fees have been paid in full. F. Once the provision of Section 11.(E)(2)has been satisfied,the Town of Oro Valley Water Utility shall be the sole entity to operate and maintain the system as set forth in the Water Facilities Construction Plan,Oro Valley Plan No.12-05-31 The Applicant shall be responsible for any and all construction activities including,but not limited to,Blue Staking until the project has been finally accepted per Exhibit "F" herein. Until the project is finally accepted in accordance with Exhibit"F",the Applicant shall be responsible for repairing any leaks and/or damages to the existing system stemming from the work performed by the Applicant on the Water Facilities as set forth in the Water Facilities Construction Plan,Oro Valley Plan No.12-05-31 . In the event the Applicant does not perform the repair work for any leaks and/or damages,the Water Utility shall make the repairs and the Applicant shall be responsible for all costs incurred for the repairs by the Water Utility. G. The amount of the Assurances required for the Water Facilities to be constructed under this Agreement and specified in Chapter 26,Section 26.6 of the Oro Valley Town Code shall remain in affect throughout the two(2)year warranty period and will not be released by the Town until after the warranty period. ME. APPLICABLE FEES The Town will require certain applicable fees and charges to be paid pursuant to Oro Valley Town Code Chapter 15 and other applicable Arizona State law as amended from time to time,prior to providing water service under this Agreement The Town will take all of the F WormALEA LENril.i.tod LEA...A 100.10 doe necessary and legal steps to protect its interest,including refusal to provide water service,if Applicant fails to pay fees when due. IV. ENGINEERING AND INSPECTION A. Applicant shall employ a Civil Engineer registered in the State of Arizona to design the system and implement the design. Applicant will ensure that an Engineer's Certificate of Completion,for the purpose of obtaining an Approval of Construction from the Pima County Department of Environmental Quality,are both completed for the project prior to any water being delivered through the improvements. Title 18, Environmental Quality, Chapter 4, Department of Environmental Quality,Safe Drinking Water. 13. Any inspector authorized by the Town shall have full inspection authority over the work to be performed under this Agreement. The Applicant shall furnish the Town Inspector with reasonable access to the Water Facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town does not guarantee the safety or engineering soundness of plans prepared by the Applicant's engineer. C. In the event that Applicant requests and the Town elects to provide a Town Inspection outside of the normal 40 hours in a work period,or on a Saturday, Sunday or legal holiday as defined in Arizona Revised Statutes,Title 1,the Applicant shall compensate the Town for any additional salaries,expenses or employee benefits relating to such overtime or holiday work. Additional inspection costs will be billed to the Applicant. A normal work period shall be defined as 40 hours in a seven(7)day work week,usually worked on an eight(8) hour day,five(5)day basis,commencing on Monday and ending on Friday, continuing in seven(7)day increments. Nothing in this paragraph shall require the Town to provide inspection on weekends and holidays. If the Town declines to provide inspection on weekends and holidays,Applicant shall not have a right to damages against the Town as the result of Town's decision not to perform such weekend and holiday inspections. V. PRE-CONSTRUCTION AND CONSTRUCTION PROCEDURE A. The Applicant shall submit a written request to begin construction of the Protected Water Facilities to the Town within five(5)working days prior to the time work is to commence. B. No work shall commence until the Town has issued a Notice to Proceed which will specify the starting date and a reasonable time for completion. C. Applicant shall provide Town with an accurate,written schedule of construction, which shall be updated in a manner sufficient to provide Town the ability to schedule Town inspection personnel. LEAWMaad LEA 100.10 D. Applicant shall submit material certification at the pre-construction meeting. Materials used in the construction shall be available for sampling and testing prior to being used in construction of the Protected Water Facilities. Materials that fail to meet Town specifications shall not be used in construction of the Protected Water Facilities as outlined in Exhibit"B". E. The Applicant shall,at Applicant's expense,obtain all necessary permits and licenses for work permitted herein,pay all fees and comply with all laws, ordinances and regulations relating to the work,public health and safety of Applicant's Contractors and employees. F. The Applicant/Contractor shall apply to the Town for a construction water service. All construction water will be metered with an appropriate size water meter and back-flow prevention device. The Town shall install the water meter and backflow device. G. The work shall commence within five(5)days of the date specified in the Notice to Proceed. H. The Applicant,or Applicant's designated agent,shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given to the designated agent on the work site shall be deemed to have been given to the Applicant. I. The Applicant shalt employ only competent and efficient laborers,mechanics or artisans on the project and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the Notice to Proceed. J. The Applicant shall identify and locate all water valves prior to paving,and set valve boxes to final grade after paving. K. The Applicant shall,at Applicant's expense,make any and all alterations to the existing water system,either on-site or off-site,necessitated by paving,drainage or other improvements caused by the development. L. The Applicant shall require all contractors and/or subcontractors to comply with all safety requirements of the Occupational Safety and Health Act as may be amended and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Act. M. In accordance with the Oro Valley Town Code and policies relating to the operation of domestic water utility companies,a true and complete copy of the Certificate of Approval to Construct the work issued by the Arizona Department F LIV.P.ened LEA 100850d.. of Environmental Quality or the Pima County Department of Environmental Quality is attached as Exhibit"C",and incorporated herein by this reference. VI. pESIGNATION AS A PROTECTED FACILITY Protected Water Facilities shall be designated,and the cost calculated and refunded to Applicant,pursuant to Chapter 15 of the Oro Valley Town Code as may be amended from time to time,attached as Exhibit D,and incorporated herein by this reference. VII. DEDICATION A. The Applicant grants,bargains,sells,conveys,transfers and delivers the Protected Water Facilities as described in Exhibit"A"to the Town free and clear of all liens,claims,charges or encumbrances by the time of acceptance of the Protected Water Facilities by the Town. B. The Applicant agrees that the project under this Agreement is not eligible for any credits against any impact fees established and collected by the Town for the cost of constructing the necessary onsite and/or offsite water infrastructure necessary to provide domestic and fire protection water services to the development.Impact fees are due and payable at the time water meter(s)are purchased. C. The Water Facilities to be dedicated to the Town shall have an easement extending a minimum of 7-5 feet on either side of the center of,and the full length of,the constructed water utility line. D. The Applicant guarantees the Protected Water Facilities to be free from all failures and/or defects due to workmanship and or materials for a period of two(2)years from the Town's final acceptance date. E. The Applicant shall not construct any utility,building or other improvement that would interfere with the operation or maintenance of the Town's Protected Water Facilities. F. The Applicant further guarantees that all service lines,meters and meter boxes will be to finish grade and the Applicant will remain responsible for raising/lowering of said services as required until the area described has been accepted as complete by the Town. G. Upon issuance of the certificate for"Approval of Construction"from Pima County Department of Environmental Quality(ADEQ)and after final acceptance of the Water Facilities is granted by the Town,attached hereto as Exhibit"F",the Town's Water Utility shall begin to operate and maintain the Water Facilities. The Town shall accept title to and take possession of the Water Facilities described in Exhibit"A"at such time that they are connected to the existing Town Water Facility. LEA,Proteded TX A 100E10 dec H. The Parties agree that all requirements to complete and sign off on this LEA shall be satisfied pursuant to the Final Acceptance of Water Facilities,attached hereto as Exhibit"F",and signed by both Parties before the two(2)year warranty period shall begin. I. The amount of the Assurances required for the Water Facilities to be constructed under this Agreement and specified in Chapter 26,Section 26.6 of the Oro Valley Town Code shall remain in affect throughout the two(2)year warranty period and will not be released by the Town until after the warranty period. VIII. INDEMNIFICATION Applicant agrees to indemnify,defend and hold the Town,its Mayor and Council,the Town Water Utility Director,appointed boards and commissions,officials,officers,employees and the Town's insurance carriers,individually and collectively,harmless from all losses,claims, suits,demands,expenses,subrogations,attorney's fees,or actions of any nature resulting from the actions of Applicant or Applicant's contractor or any subcontractor employed by Applicant (including bodily injury and death)or damages to any property or any other losses,claims,suits, demands,and/or expenses,arising or alleged to have arisen out of the work to be performed, except any such injury or damages arising out of the sole negligence of the Town,its officers, agents or employees.The amount and type of insurance coverage carried by Applicant will in no way be construed as limiting the scope of indemnity in this paragraph. IX. ACCURACY OF THE RECITALS The parties hereby acknowledge the accuracy of the Recitals,which are incorporated herein by this reference. X. NOTICES All notices and communications required by this Agreement shall be in writing and shall be given by personal delivery or mailed first class,registered or certified mail,postage prepaid, and shall be deemed received upon the earlier of actual delivery or one hundred twenty(120) hours after deposit in the United States Mail. Such notices and communications should be sent to the following designated representatives of the undersigned parties: If to the APPLICANT: Copper Canyon Development 12715 N.Vistoso Pointe Dr. Oro Valley,AZ 85755 Attn:Greg Sansbury If to TOWN OF ORO VALLEY: Water Utility Director Town of Oro Valley 11000 North La Canada Drive Oro Valley,Arizona 85737-7016 CC: Town Attorney Town of Oro Valley 11000 North La Caiiada Drive Om Valley,Arizona 85737-7016 XI. ATTORNEY FEES Should the Town bring any legal or equitable action for the purpose of protecting or enforcing its rights under this Agreement,the Town shall recover in addition to all other relief, its reasonable attorney fees and court costs to be fixed by the court. XIII. CANCELLATION Under A.R.S.Section 38-511,as amended,the Town may cancel any contract it is a party to within three(3)years after its execution without penalty or further obligation if any person significantly involved in initiating,negotiating,securing,drafting,or creating the contract on behalf of the Town is,at any time while the contract or any extension thereof is in effect,an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. In the event the Town elects to exercise its rights under A.R.S.Section 38-511,as amended,the Town agrees to immediately give notice to Applicant. XIV. COMPLIANCE WITH ALL LAWS The parties to this Agreement shall comply with all federal,state and local laws,rules, regulations,standards and Executive Orders,without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties,the performance of this Agreement and any disputes thereunder. XV. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be held by a court to be unenforceable to any extent,the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. XVI.AMENDMENT This Agreement shall not be amended except by written instrument mutually agreed upon and executed by the parties. F EA LEAWN.M.LEA 1001,10 do. XVII. LEGAL JURISDICTION Jurisdiction for any legal dispute stemming from the performance of the terms of this Agreement shall be limited to courts of competent jurisdiction within Pima County, Arizona. This clause in no way limits the option of the parties'to resolve potential disputes through alternative dispute resolution methods. XVJTL SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of each of the parties hereto. No assignment shall relieve either party of its obligations except an assignment by Applicant in connection with the transfer of title to property to the Town. Such transfer shall relieve Applicant of its obligations provided such transferee agrees to be fully bound by the provisions hereof. This Agreement shall be binding upon and inure to the benefit of the heirs, executors,administrators,successors and assigns of the parties and Applicant may not assign this Agreement without prior written consent of the Town. XIX. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the matters covered by it and supersedes any prior understanding or agreements,oral or written,with respect thereto. The parties shall not be bound by any understanding, agreement, promise or representation, whether expressed or implied, which is not specified in this Agreement. IN wariEss WHEREOF,the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized,and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized,all as of this day and year first above written. "TOWN" TOWN OF ORO VALLEY dip C. aletta, arerA6)irector ATTEST: APPROVED AS TO FORM: J K.Bower,Town Clerk Tobin Rosen,Town At----"rrrirm Date: 5// Date: "APPLICANT" ZiN By: 17 41 Pt,4 17tAe:l Date: 3-Z2-lj STATE OF 11 dr 7 ) )ss. COUNTY OF ) SUBSCRIBED AND SWORN to before me this day of Pi ,20 8 , by 6/Le, who is known to me or has satisfactorily been identified as the e•?fit_ • iv ee1stlfor the Applicant,and is a duly authorized agent to sign on behalf of k de/4N er,--r in which to bind and obligate the Applicant. 7-1 4 4/ Notary Pdblic , My Commission Expires: a/iv ; OE FACIAL SEAL CYNTHIA A KRAMPE stzal ARIZONA / PIMA COUNTY F LEAVP.t...LEA m..1100.10.. EXHIBITS TO LINE EXTENSION AGREEMENT A Legal description of the Subject Property 13 Water Facilities Cost Estimate C Certificate of Approval to Construct D. Chapter 15,Article 15-12-4 of the Oro Valley Town Code E. Protected Facilities Schedule F. Final Acceptance of Water Facilities Wor.ALCA Fart.Cunent LEA,Protalcd LEA.sned 1008111d. EXHIBIT"A" LEGAL DESCRIPTION/MAP OF SUBJECT PROPERTY F LENAP.....d LEA 100810.4. EXHIBIT"B" WATER FACILITIES COST ESTIMATE F:1FemdLPA fwmACA...e1.EXaWo..1 LEA...i.ed 100610.8. • B Page 2 of 3 I.3"Sewer-PVC 13'6f@$47.$5 562,975.00 2.HCS-DIP 3 $1925.00 55,775.00 3.RCS PVC 14 ea 51029.64 $14,415.00 4.38"Mem Hot. 7 ea 13463.57 $24,245.00 5.2.5%Pima Con,Pec $2.685,25 Sewer Sub-To.I $7 . r OtrSite Water - I.Clear Jr grubb easement. 1 we. 54.800.00 2.12"Water-PVC 1,660 If 0567.22 $1 11,585.00 3.12"Gale Valve 8 ea 0,2,100.00 $16,800.00 4.3"Stub. 1 ea 052,730.00 $2,730.00 5.ARV 2 ea 051,650.00 $3,300.00 32:11);V2 :=:4T3 34,250.00 3750.00 3.Barricades for creasing. I Is $1.800.00 9.Pavement patch. Is $3.500.00 Off Rao Wattr Sub 7,4al 3149,51.80 Warr.r 1.12"War.-PCV 960 If @ 566.22 563.575.00 2.1.2"Gate Valve 3 ea $2,100.00 $6,300.00 3.Sampling Station 1.0 51,475.00 $1,475.00 4.1r Water 1860 If $39.75 $73,935.00 r Gate Valve 4 ea $1302.50 $5,210.00 6.DVA 1 ea 5850.00 $850.00 7.ARV 1 ea $.925..00 $925.00 8.F.Hydrants 5 ea 0$3,233.00 S16,165.00 9.I"Services 22 ea s9ss.as $21.689.00 10.Town.of Oro Valley Fee $4.750.00 Water Sub-Total 5194.374.08 Prr LittUtv Treetek 1.Trench,shale and backfill. 3,850 If 526,150.00 2.4"Red smooth core conduit. 3,100 If $18,885.00 2.2.5.Red wave rib conduit. 5,50050 67,765.00 3.Transfomter Prep- $10 $2,000.00 4.Pad Prep. 210 21,200.60 5.Sub Surface pod... 6 ea 53,900.00 6.Mandrel trot 1 ea 31,000.00 7.Sleevos far crossings. 6 ea $1.200.03 Dry Utility Trench Bub-Total 562,100.90 E• E90,1.28-022 01411DbUIWO3 HI,U3 1/12S30 Wd,e.el Looz De Tnr EXHIBIT"C" CERTIFICATE OF APPROVAL TO CONSTRUCT t0011104. PLMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY TECHNICAL SERVICES DIVISION 150 West Congress,1st Floor,Tucson,Arizona 85701-1317 Telephone:740-3340 CERTIFICATE OF APPROVAL TO CONSTRUCT Water Facilities System Name: ORO VALLEY WATER UTILITY System No.: 10 164 Project Owner: TOWN OF ORO VALLEY WATER UTILITY,ENGINEERING DEPARTMENT Address: 11000 N.LA CANADA BLVD.,ORO VALLEY,ARIZONA 85737 Project Location:T-12-S.R-13-E,SECTION 4 County:Pima Description:WATER EXTENSION TO SERVE SUNSET CANYON ESTATES Approval to construct the above,described facilities as represented in the approved plan on file with the Pima County Department of Environmental Quality is hereby given subject to the following provisions: AFTER COMPLETION OF CONSTRUCTION,A PROFESSIONAL ENGINEER,REGISTERED IN THE STATE OF ARIZONA SHALL COMPLETE A FINAL INSPECTION AND SUBMIT AN ENGINEER'S CERTIFICATE OF COMPLETION,ACCURATE"AS BUILT"PLANS,PRESSURE TEST RESULTS,CHLORINATION RESULTS AND MICROBIOLOGICAL TESTING RESULTS TO PIMA COUNTY DEPARTMENT OFENVIRONMENTAL QUALITY IN ORDER TO OBTAIN AN APPROVAL OF CONSTRUCTION.THOSE PLANS MUST BE CLEAR BLUELINE PRINTS SUITABLE FOR MICROFILMING AND SHALL CLEARLY AND ADEQUATELY REPRESENT THE FACILITIES AS THEY ARE CONSTRUCTED. The State law,A.R.S.49-353,requires that construction of the project must be in accordance with the rules and regulations of the Arizona Department of Environmental Quality. If this project includes Benching,land stripping,earthmoving or road construction,an air quality activity permit may be required pursuant to P.C.C.Title 17.12.470.For inquires.regarding air quality activity permits,please call 740-3957. If construction has not started within one year of the date of this issue,this certificate will be void and a written extension of time shall be required within 90 days of the expiration of this approval. Date Approved:April 17,2007 URSULA KRAMER, DIRECTOR David Amash,P.E. Civil Engineer cc: P-File No.P024207 P-ADEQ,SRO -- -ACC — 3P-Oro Valley Water Utility(OV-12-05-31) Paul Strobak Engineer-Psomas Civil Engineering Assistant GAWatenWater-Sewer Plan Revic.Approvals\P024201.wtr.doc "D" CHAPTER 15,ARTICL 15-12-4 OF THE ORO VALLEY TOWN CODE r LEAOhootolLEA.sosi100810 EXHIBIT"E" PROTECTED FACILITIES SCHEDULE LEA...rind EXHIBIT"F" FINAL ACCEPTANCE OFIRIPROTECTED WATER FACILITIES Applicant requests final acceptance of the Protected Water Facilities for the Project known as Sunset Canyon Estates and certifies that all of the items listed below are complete. COMPLETED r9f Compaction test results have been completed and approved by the Town. All Water-related fees including inspection and testing fees have been paid. {4 Any construction deficiencies have been corrected. 13111[ 1( Post-paving continuity tests have been submitted and approved by the Town. Any and all easements required for the Protected Water Facilities have been recorded in the Pima County,Arizona Recorders Office. "APPLICANT" By: Its: Date: 3— 2l 11 STATE OF iii/Z; )ss. COUNTY OF/1; SUBSCRIBED App SWORN to before me this day of ,20// ,by who is known to me or has satisfactorily been identified as the /4 r'..5:41 e,, for the Applicant,and is a duly authorized agent to sign on behalf of &' '.4,e e 4://i/ in which to bind and obligate the Applicant. MyCommisthon Expires: ed.) OFFICIAL SEAL CYNTHA A KRAMPE itm) N UM IC A RI ZONA PIMA COUNTY TOWN OF ORO VALLEY The Town grants final acceptance of the Water Facilities for the Project known as Sunset Canyon Estates And the two-year warranty period shall begin on /11 a, /2- ,20 0.7. Philip C.Sa a,P.E.,Water Utili Director ATTEST: J.ttr K.Bower,Town Clerk