HomeMy WebLinkAboutContract # : C-2577 - - Execution Date: 10/3/1989 'CITY OF GLENDALE, ARIZONA CC NO.: 5 - 95
1989/90
COUNCIL COMMUNICATION DATE: 10/3/89
TO: Honorable Mayor and Council
FROM: City Manager
SUBJECT: STORM WATER DETENTION BASIN EASEMENT AGREEMENT WITH THE
AMERICAN GRADUATE SCHOOL OF INTERNATIONAL MANAGEMENT
SUMMARY
This is a request for approval of an agreement with the American
Graduate School of International Management for the dedication and
use of a storm water detention basin easement.
The detention basin is part of the City of Glendale Storm Water
Master Plan conceptually approved by Council on September 15, 1987.
Public Works/Engineering staff and the school ' s staff have
negotiated mutually beneficial terms for the construction and
operation and maintenance of the proposed detention basin.
In the agreement, the American Graduate School of International
Management dedicates two acres of land as a permanent easement for
the construction and operation of a detention basin facility, and in
exchange the City will construct the detention facility and the
street improvements on 59th Avenue between Greenway and Acoma Roads
by May 1993 .
RECOMMENDATION
Approve the agreement with the American Graduate School of
International Management.
Mar i Vanacour, City Manager
CITY OF
GLENDALE
DATE: September 25, 1989
TO: Martin Vanacour, City Manager
FROM: Grant I . Anderson, Acting City Engineer
SUBJECT: STORM WATER DETENTION BASIN EASEMENT AGREEMENT WITH THE
AMERICAN GRADUATE SCHOOL OF INTERNATIONAL MANAGEMENT (PROJECT
H889055)
RECOMMENDATION
City Council approval of a storm water detention basin easement
agreement with the American Graduate School of International Management
is recommended.
DISCUSSION
City Council, on September 15, 1987 , reviewed and conceptually approved
the City of Glendale Storm Water Master Plan. The plan identified the
need for a detention facility in the vicinity of 59th Avenue and
Greenway Road. The Flood Control District of Maricopa County, through
an intergovernmental agreement, is currently designing and will
construct a storm drainage system on 59th Avenue which incorporates the
proposed detention basin and discharges into an existing storm drain on
Thunderbird Road.
Public Works/Engineering staff and staff from the American Graduate
School of International Management have negotiated a mutually
beneficial agreement which requires the school to dedicate and maintain
two (2) acres of permanent easement for the purpose of constructing and
operating a regional storm water detention facility. In exchange for
the detention basin easement, the City commits to construct the
detention facility and to improve 59th Avenue from Acoma to Greenway
Roads before May of 1993 . The American Graduate School of
International Management will also dedicate the necessary right-of-way
for the construction improvements along 59th Avenue.
COST ESTIMATE
The estimated cost for the design and construction of the detention
facility is $200, 000. 00, and for the design and construction of the
street improvements is $750, 000. 00. The amount of $250, 000 . 00 is
included in the current budget, under Account No. 65-9112-8300, for the
design and construction of the detention basin. The cost of the street
improveme s is inc ed in the Five Year Capital Improvement Plan.
epartment ead Approval Deputy City Manager Approval
LO/kas
ATTACHMENTS
Agreement
Sketch
AMERICAN GRADUATE SCHOOL OF 6gF4 ),
INTERNATIONAL MANAGEMENT i
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liBCORDED IN OPVIAL REC OROS
OF IIMRICOPA COUNTY. ARIZONA
OCT 13139.4 °ifra
HELINV PUR 1.1,i County moor
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AGREEMENT (XG)
9 4762111
WATER DETENTION BASIN EASEMENT
ON THE GROUNDS OF
AMERICAN GRADUATE SCHOOL
OF
INTERNATIONAL MANAGEMENT
GLENDALE , ARIZONA
AGREEMENT 8 9 4 7 6 2 1 1
WATER DETENTION BASIN EASEMENT
THIS EASEMENT AGREEMENT is hereby made and
entered into this 3 day of LEIEber , 19a1, by and
between the CITY OF GLENDALE, hereinafter "Glendale" and
THE AMERICAN GRADUATE SCHOOL OF INTERNATIONAL MANAGEMENT,
hereinafter "School . "
WITNESSET H:
WHEREAS, School proposes to grant Glendale an
easement in certain real property located at the American
Graduate School of International Management campus,
hereinafter "Campus" , allowing Glendale to construct upon
and thereafter use, a water detention basin on the Campus;
and,
WHEREAS, in consideration of said easement,
Glendale proposes to design and construct certain
improvements for School along the roadways adjacent to the
Campus .
NOW, THEREFORE, in consideration of the mutual
covenants, conditions and promises hereinafter set forth,
the parties mutually agree as follows :
1. Effective Date. This Easement shall become
effective as of the date it is filed with the Office of
the Maricopa County Recorder .
DATE FILED WITH THE OFFICE OF THE MARICOPA
COUNTY RECORDER:
2 . Purpose. The purpose of this Agreement is
to establish the parameters of Glendale' s use of an
easement granted by School to Glendale at the Campus, and
to fix and identify Glendale' s obligations to School in
consideration for said easement .
3 . Conveyance of Water Detention Basin Easement .
(a) School hereby grants and conveys to Glendale
an easement to use that portion of the property
located at the Campus described in Exhibit "A"
hereto, which is incorporated herein by this
reference (the "Easement Property") , as a water
detention basin for storm run-off . This easement
includes the right to grade, level, fill, drain,
89 47621 1
burrow, build and maintain said water detention basin
on the Easement Property. Glendale shall also have
the right of ingress to and egress from said Easement
Property for the purpose of constructing and/or
maintaining said water detention basin and facilities
appurtenant thereto.
(b) Glendale shall pay all costs and expenses of
design, construction and installation of the water
detention basin and related improvements, including,
without limitation, the cost of all surveys,
engineering work, plans and specifications,
construction, landscaping and installation of an
irrigation system for said water detention basin.
The plans and specifications for all improvements to
be located in the Easement Property shall be
submitted to the School in adequate time to permit
the School to review and comment on such plans and
specifications . Glendale shall attempt to
incorporate the comments of the School to the extent
economically feasible, however, Glendale shall have
final control and right to approve of all plans and
specifications and construction.
(c) School shall be responsible for all
maintenance, inspection, repair and replacement of
all landscaping in the basin, regardless of whether
such maintenance is considered "ordinary, " "regular, "
"normal, " "major, " or "extraordinary, " including but
not limited to irrigation, mowing and trimming
thereof and inspection for defects thereon. School
shall further be responsible for all maintenance,
inspection, repair and replacement of all
improvements installed in the basin by School .
Glendale shall be responsible only for maintenance,
inspection, repair and replacement of all
improvements, other than landscaping, installed in
the basin by Glendale.
(d) School shall have the right to use the
Easement Property for recreational or any other
purposes not inconsistent with Glendale' s easement
and right to use the Easement Property for a water
detention basin. School shall not perform any
construction or alterations on the Easement Property
which may prevent or frustrate Glendale' s use of the
Easement Property as a water detention basin without
Glendale' s prior written consent . School agrees to
obtain the consent of Glendale before commencing any
construction or alterations on said Easement
Property, which consent shall not be unreasonably
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89 47621 1
withheld or delayed if the proposed construction or
alteration will not materially adversely interfere
with Glendale ' s use of the Easement Property as a
water detention basin.
(e) This grant of easement shall run with the
land and shall be binding on, and shall inure to, the
benefit of the parties, their heirs , successors and
assigns .
4 . Consideration for Easement . In
consideration for the easement granted to Glendale by
School in Paragraph 3 of this agreement, Glendale agrees
as follows :
Glendale shall cause to be designed, constructed
and installed, at its sole cost and expense and at no cost
to School, the following improvements :
(a) All curb, gutter, pavement , sidewalk and
landscaping improvements along 59th Avenue adjacent
to the Campus , and a landscaped median in 59th Avenue
adjacent to the Campus .
(b) Street lights along the east side of 59th
Avenue adjacent to the Campus or within the
landscaped median to be constructed in 59th Avenue .
(c) Relocate existing overhead utilities
underground along the boundary of the Campus adjacent
to 59th Avenue .
The improvements will be designed, constructed
and installed in accordance with the City of Glendale
standards for such improvements on or before 5/31/93 . The
plans and specifications for all such improvements shall
be submitted to the School in adequate time to permit the
School to review and comment on such plans and
specifications . Glendale shall attempt to incorporate the
comments of the School to the extent economically
feasible, however, Glendale shall have final control and
right to approve of all plans and specifications and
construction.
5 . Indemnification. Glendale shall indemnify
and hold the School , its successors and assigns , harmless
for, from and against any and all claims , costs , damages ,
expenses , fees , attorneys ' fees , liability and loss
arising out of , or in connection with, the negligent or
intentional exercise by Glendale of the rights granted and
obligations imposed pursuant to this agreement relating to
the construction and use of the water detention basin.
-3-
89 47621 I
6 . Construction. This agreement shall be
construed in accordance with the laws of the State of
Arizona . The rule of strict construction shall not apply
to this agreement. This agreement shall be given a
reasonable construction so that the intention of the
parties to confer a usable right of enjoyment upon
Glendale is implemented.
7 . Termination of Easement. This easement
shall remain in effect only so long as Glendale continues
to use the Easement Property as a water detention basin.
In the event Glendale fails to commence construction of
the water detention basin by May 31, 1993, or ceases to
use the Easement Property as a water detention basin, all
rights, duties and liabilities hereby created shall
automatically terminate, and all landscaping, irrigation
systems and other improvements installed or constructed by
Glendale on the Easement Property, if any, shall become
the property of School or its successors and assigns .
This paragraph shall be self-operative, but, at School ' s
request, Glendale shall cause to be executed, delivered
and recorded a release or termination of this agreement.
8 . Authorization. Attached to this agreement
are copies of appropriate action by the governing body of
each party authorizing the respective parties to enter
into this agreement .
9 . Running with the Land. The easement,
covenants and conditions herein granted and contained
shall run with the Easement Property and shall inure to
the benefit of and be binding upon School and Glendale and
their respective successors and assigns .
IN WITNESS WHEREOF, the duly authorized
representatives of the party have signed this agreement on
the date first written above.
CITY OF G ENDALE
1
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Ma in Vanactour, City Manager
ATTEST:
Lavergne ehm, ity Clerk
-4-
APPROVED AS TO FORM: 8 9 4 7 6 21 1
Pete Va Haren, i Attorney
AMERICAN GRADUATE SCHOOL OF
INTERNATIONAL MANAGEMENT
r. R A. Herb=` ger, Jr.
Its President
STATE OF ARIZONA )
) ss .
County of Maricopa )AUBSCRIBED AND SWORN to before me this ' day
of --�` . , 1989 , by �1 A-- �� ✓ /C
its s o1
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Notary Pub1i�--
My Commission Expires :
My Commission Expires Sept. 24, 1992
4134R
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EXHIBIT
AMERICAN GRADUATE SCHOOL
DETENTION BASIN EASEMENT
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G6.00' e9^3�o9'w EVANS, KUHN 8 ASSOCIATES, INC.
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EVANS. KUHN & ASSOCIATES, INC.
•04 GEORGE L. EVANS, P.E.
JOHN D. KUHN,JR.,P.E.
CONSULTING ENGINEERS O 9 47621 A
727 East Bethany Home Road, Suite 225 O
Phoenix, Arizona 85014
(602) 241-0782
FAX NUMBER(6+ June 6 , 1 98 9
;,CA,E (%p` American Graduate School
Detention Basin Parcel
227a EKA #3062
,, 't , Page 1 of 1
•' ^�,<n�,�� •/ LEGAL DESCRIPTION
7/ OF A
DETENTION BASIN EASEMENT
That part of the Northwest quarter of Section 8 , Township 3
+' North, Range 2 East of the Gila and Salt River Base and Meridian,
Maricopa County , Arizona, described as follows :
' COMMENCING for a tie at the Northwest corner of said Section 8 ;
THENCE South ( basis of bearings ) , along the West line of said
Section 8 , 2625 .40 feet to the West quarter corner of said
Section 8 ;
THENCE N 89°38 ' 09'L E , along the South line of the Northwest
quarter of said Section 8 , 65 .00 feet to the East line of the
West 65 . 00 feet of said Northwest quarter, and the TRUE POINT OF
BEGINNING ;
THENCE North, along said East line, 400 . 01 feet to the North line
of the South 400 feet of said Northwest quarter ;
THENCE N 89 °38 ' 09" E, along said North line, 40 . 00 feet ;
THENCE S 45 °21151 " E, 162 .63 feet ;
THENCE N 89 °38109" E, along a line parallel to the South line of
said Northwest quarter, 110.46 feet;
THENCE South , along a Iine parallel to the West line of said
Northwest quarter, 285 . 01 feet to the South line of said
•
Northwest quarter ;
THENCE S 89 °38 ' 09" W, along said South line, 266 . 19 feet to the
East Iine of the West 65 .00 feet of said Northwest quarter and
the TRUE POINT OF BEGINNING.
Subject to: Existing rights-of-way and easements.
Said Parcel containing 87 , 120 square feet or 2 .000 acres, more or
less.
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AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of
May , 1991 , by and between the CITY OF GLENDALE,
Arizona, a municipal corporation, hereinafter "City” , and
American Graduate School of Int ' l . Mgmt . , hereinafter "Customer" ,
located at 15249 N. 59 Avenue , Glendale, Arizona.
WHEREAS, the Code of the City of Glendale, Chapter 33 , Article II,
Division 5, Sections 33-86 through 33-99, require that certain water
service connections, as identified by the City of Glendale Public Works
Utilities Department, hereinafter "Department" , be equipped with an
approved backflow prevention method; and
WHEREAS, the Department has determined that the water service
connection servicing Customer' s premises located at 15249 N. 59 Ave .
, Glendale, Arizona, should be retrofitted with an
approved backflow prevention method; and
WHEREAS, the Council of the City of Glendale has determined that
the City will incur the costs of retrofitting existing water service
connections which are required by the Department to be equipped with an
approved backflow prevention device; and
WHEREAS, Customer desires to have the City install a backflow
prevention device on the service connection to its premises which will
comply with the Code of the City of Glendale.
NOW, THEREFORE, in consideration of the premises and covenants
herein set forth, the parties make the following agreement:
(1) Customer agrees to allow City, its employees, agents and
representatives, to enter upon Customer' s premises located at
15249 N. 59 Ave . , Glendale, Arizona, for the purpose
of installing a backflow prevention device on the water service
connection to said premises.
(2) The City shall install, at its expense, any backflow
prevention device (s) on the water service connection at Customer' s
premises which is (are) necessary for said service connection to comply
with the backflow prevention requirements of the Code of the City of
Glendale, Chapter 33 , Division 5 .
(3) Customer shall , at its expense, maintain the backflow
prevention device, installed by the City, in good working order and
repair. Customer, at its expense, shall be responsible for compliance
with all testing, maintenance and record requirements of the Code of
the City of Glendale for the backflow prevention device (s) installed by
the City.
(4) City shall have no liability to Customer for any costs or
expenses incurred by Customer relating to the backflow prevention
device other than the initial purchase and installation costs. All
other costs and expenses shall be the responsibility of Customer.
(5) City shall supply Customer with all manufacturers warranties
provided for the installed backflow prevention device. City itself
provides no warranty, expressed or implied, for the device and shall
have no liability to Customer for its failure. City shall cooperate
with Customer in obtaining any service or other rights provided in the
manufacturer' s warranty.
(6) City shall have no liability to Customer for any damages,
including but not limited to, consequential damages, lost profits or
claims against Customer by third parties arising out of, or in
connection with, the failure of the backflow prevention device.
DATED: This 16.(1) day of Mali , 19/1 .
"City" : CITY OF GLE ALE, a municipal
corporation
tin Vanacour, City Manager
ATTEST:
Lavergn ehm, City C erk
APPROVED AS TO FORM:
Peter Van Haren, Ci Attorney
"Customer" :
Signature
15249 N. 59 Ave .
Glendale, Arizona 85:3Uti