Loading...
HomeMy WebLinkAboutResolution 2008-077 FEMA remapping study contribution agreementF. ANN RODRIGUEZ, RECORDER RECORDED BY: MRB DEPUTY RECORDER og P~I1lr _ O 1562 PE2 `•9 SMARA ~ ~ JI Oz TOWN OF MARANA `l'~ ~~ ATTN: TOWN CLERK 9g~O11A 11555 W CIVIC CENTER DR MARANA AZ 85653 MARANA RESOLUTION r DOCI~T : 13332 PAGE : 558 NO. OF PAGES: 4 SEQUENCE: 20081200222 06/20/2008 RES 13:08 MAIL AMOUNT PAID $ 8.00 f 0.2008-77 RELATING. TO FLOODPLAIN MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FEDERAL EMERGENCY MANAGEMENT AGENCY REMAPPING STUDY CONTRIBUTION AGREEMENT WITI~ A COALITION OF BUILDERS AND DEVEL- OPERS WITH ADMINISTRATIVE ASSISTANCE FROM THE SOUTHERN ARIZONA HOME BUILDERS ASSOCIATION. . WHEREAS the Townof Marana and CMG Drainage Engineering have entered into an agree- ment to analyze the flooding conditions and flood hazard zones of the Tortolita Fan area; and WHEREAS a coalition of builders and developers, with administrative assistance from SAHBA, has committed to pledge funding to assist the Town in paying for the CMG Drainage Engineering study; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into a formal agreement regarding these matters. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Federal Emergency Management Agency Remapping Study Contri- butionAgreement between the Town of Marana and a coalition of builders and developers attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of June, 2008. ~~~ ~~ Mayor Ed Honea ATTEST: o e yn C ronson, Town Clerk TO FORM: ~, Town ~a~ FEDERAL EMERGENCY MANAGEMENT AGENCY REMAPPING STUDY CONTRIBUTION AGREEMENT This Agreement is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Marana") and the undersigned Coalition Representative, on behalf of those property owners (all of whom are collectively referred to as the "Coalition") contributing to the expenses related to the proposed Federal Emergency Management Agency ("FEMA") remapping of the Tortolita Fan region in and around Marana. Marana and the Coalition are sometimes collectively referred to as the "Parties." RECITALS A. The Coalition has been working independently, and with Marana, in an extensive effort to secure relief from FEMA's potential remapping of the Tortolita Fan area. B. The Coalition's efforts have included, among other things, communicating with and organizing affected property owners, raising money, and lobbying State, Federai, and local officials on this issue. This work has been done at the sole expense of the Coalition. C. As a result of the work done by Marana and the Coalition, a contract has been entered into between Marana and CMG Drainage Engineering to analyze the flooding conditions and flood hazard zones of the Tortolita Fan area. The study is referred to in this Agreement as the "CMG Drainage Study." The estimated cost of the CMG Drainage Study is approximately $460,000. D. The Coalition has received pledges to date sufficient to fund $200,000 to Marana as the Coalition's voluntary contribution toward the cost of the CMG Drainage Study, including monies pledged by the Arizona State Land Department and the Cortaro Marana Irrigation District, which may be paid directly to Marana outside of the funds disbursed by SAHBA on behalf of the Coalition pursuant to this Agreement, and including a payment in the amount of $38,000 already sent directly to CMG Drainage Engineering and outside the scope of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained in this Agreement, Marana and the Coalition hereby agree as follows: 1. Pledge. The Coalition commits to cause to be transmitted to Marana for the CMG Drainage Study all funds the Coalition collects for that Study, and once the funds are so transmitted, the Coalition's obligations under this Agreement are considered fulfilled. 2. Reimbursement. If and when Marana adopts any sort of fee related to the Tortolita Fan area and CMG Drainage Study, contributing members shall be entitled to a pro rata reimbursement or credit against such fees based on the amount paid to Marana under this Agreement. In such event, the Coalition will provide records, satisfactory to Marana, indicating the amounts of contributions and lands related thereto. 3. Financial Responsibility. The Coalition has made arrangements with Southern Arizona Home Builders Association Inc. (SAHBA) is to act as administrative agent to receive and hold funds collected by the Coalition Representatives from the contributing members of the Coalition and to disburse the collected funds as directed by the Coalition Representatives. All Parties acknowledge that SAHBA is not a member of the Coalition and has no financial responsibility whatsoever to contribute any funds towards the cost of the CMG Drainage Study beyond the pledge they have made to the Coalition. 4. Designated Representatives. The Coalition's designated representatives are Dean Wingert, Michael Parker and Michael Racy, with Michael Racy being Marana's primary contact. Marana will work cooperatively with the Coalition's designated representatives, and will make a good faith effort to keep the Coalition's designated representatives informed as to all matters relevant to the CMG Drainage Study. The designated representatives have no financial responsibility for the CMG Drainage Study contribution. 5238177.1/87564.011 4116/08 5. Confrdentiality The designated representatives shall maintain appropriate confidentiality with respect to CMG Drainage Study information. 6. Entire Agreement. This document constitutes the entire Agreement between the Parties and shall not be modified, amended, altered or changed except through a written amendment agreeable to and executed by the Parties. 7. Conflict oflnterest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflicts of interest. below. IN WITNESS WHEREOF, the Parties have affixed their signatures to this Agreement on the dates written TOWN OF MARANA: Mayor Ed Honea Date: /D/~/~ ATTTi CT• SAHBA acknowledges it will accept the instructions of the Coalition representatives, with respect to disbursement of the funds SAHBA receives from the Coalition representatives to hold for the CMG Drainage Study as their administrative agent. SOUTHERN ARIZONA HOME BUILDERS ASSOCIATION INC. (SAHBA) '~ ~~ By: ~ Edward P. aczanowsky President ON BEHALF OF THE OALITION: Date: s = 5 ` C~y~ ACKNOWLEDGMENT: 5238177.1/87564.011 4/16/08 FEMA COALITION ASSISTANCE AGREEMENT This FEMA COALITION ASSISTANCE AGREEMENT ("Agreement") is made and entered into as of the day of November, 2007, by and between the undersigned Coalition Representatives (each, a "Coalition Representative"), acting on behalf of the Coalition members identified below, and the Southern Arizona Home Builders Association, an Arizona non-profit corporation (known herein as "SAHBA") (each, a "Party"; collectively, the "Parties") to memorialize the agreements previously made among the Parties on or about November 19, 2007, in connection with efforts of the Coalition Representatives, to collect and disburse funds to consultants, in cooperation with the Town of Marana, towards the goal of securing relief from the potential remapping, by the Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"), of the area within and around Marana known as the "Tortolita Fan" (these joint efforts are referred to as the "FEMA Project"). The Parties agree: 1. Although not a member of the Coalition, SAHBA considers the FEMA Project in the best interests of the home building industry and will, therefore, assist the Coalition Representatives in connection with the FEMA Project by receiving and disbursing funds for contributions to the FEMA Project, in the limited capacity as an administrative agent, utilizing SAHBA's "development issues fund" account, in each case as directed by a Coalition Representative. SAHBA will be entitled to, and shall conclusively presume a Coalition Representative's direction is for a proper purpose, in accordance with the Coalition Representative's authority from the Coalition and each of its members. SAHBA may terminate this Agreement without cause effective upon seven. (7) days notice to either of the Coalition Representatives set forth below, provided that SAHBA shall deliver a check in the amount of the remaining funds payable to, either Coalition Representative set forth below, whereupon SAHBA shall be deemed to have been automatically exonerated and discharged from any further responsibility hereunder. 2. The undersigned Coalition Representatives, individually, and on behalf of the Coalition, jointly and severally waive, and release SAHBA of and from any and all damages resulting from SAHBA's receipt, holding and payment of funds as provided in this Agreement, except only damages caused by SAHBA's sole negligence; and further agree to indemnify and hold SAHBA harmless for, from and against any claims'resulting from this Agreement, including reasonable attorneys' fees and costs and expenses (including litigation expenses if required) incurred by SAHBA in connection with the evaluation, settlement or defense thereof, except only to the extent a claim is caused by the sole negligence of SAHBA. 3. Notices from SAHBA to the Coalition shall be effective upon delivery or facsimile to either of the Coalition Representatives set forth below. All communications and notices to SAHBA shall be effective only if personally delivered to Mr. Edward Taczanowsky, SAHBA's President, who alone has authority to receive checks, take directions and otherwise administer SAHBA's performance under this Agreement. Dated this day of A`'0 ~, , 2008; effective as of November l , 2007. SOUTHERN ARIZONA HOMEBUILDERS COALITION* ASSOCIATIO SAHBA) ~~ ~ -- By ~ a ~ By: Name: 4 c~c ~ Name: Dean Win el'~for Forest Ci Its: c.~ Its: Coalition Representative Its: Coalition R~resentative ADDRESS FO~OTICES ~2~~" ~. /cc/~, s Cl~CG~s ~ /030 ~CSoiv T ~ S'7/~ Facsimile: TS"ZD - `7 ~O - ~SS'T~ _ 5238175.1/87564.011 4/16/08