Loading...
HomeMy WebLinkAbout09/21/2010 Council Agenda Packet~ ~,~ ~~~ ~~~ MARANA TOWN COUNCII. REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 21, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others,_ please turn off or put in silent mode all payers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials Regular Council Meeting -September 21, 2010 -Page 1 of 87 printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, September 20, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE .PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS Employee Appreciation and Brick Dedication Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from Regular Council Meeting -September 21, 2010 -Page 2 of 87 the Consent agenda, and. that issue will be discussed and voted upon separately, immediately following the Consent agenda. C l: Resolution No. 2010-88: Relating to Development; approving a final plat for The Preserve IV at Dove Mountain (Lisa Shafer) C 2: Resolution No. 2010=89_Relating to Administration; authorizing the Town Manager or designee to execute documents related to the implementation and administration of employee benefits on behalf of the Town of Marana (Jane Fairall) C 3: Resolution No. 2010=90: Relating to Administration; authorizing the Town Manager or designee to execute agreements regarding the use of Town of Marana parks and associated facilities on behalf of the Town; repealing Marana Resolution No. 2008-119 (Jane Fairall) C 4: Resolution No. 2010-91: Relating to Boards, Commissions and Committees; approving applicants to fill vacant positions on various Citizen Advisory Commissions (Jocelyn Bronson) C 5: Resolution No. 2010-92: Relating to Intergovernmental Relations; rescinding Marana Resolution No. 2007-212 regarding the development of the Rosemont Mine in the Santa Rita Mountains (Ed Honea) C 6: Minutes of the September 7, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board adding Sampling Privileges to Safeway Food and Drug #1749, located at 9100 N. Silverbell Road, active Series #9 (Liquor Store) liquor license submitted by Janice L. Martin BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD Resolution 2010-04: Relating to Gladden Community Facilities District; a resolution of the district board of Gladden Farms Community Facilities District approving the elimination of restriction on transfer of the district's general obligation bonds, series 2004, 2006, and 2007 and providing that this resolution shall be effective after its passage and approval according to law (Erik Montague) COUNCIL ACTION A 1: Ordinance No. 2010.17: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2009.26, for the Northwest Commerce Park project on Regency Plaza Street (Lisa Shafer) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) EXECUTIVE SESSIONS Regular Council Meeting -September 21, 2010 -Page 3 of 87 E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -September 21, 2010 -Page 4 of 87 . 3 EMPLO~IEE APPRECIATION WEEK 2Q1 ~ E PROCLAMATI~}N WHEREAS :~,~•r r;~~, ~>,r,_~, .~r:. ~ k. , ~d r~r~~aiE:~~t~~~,r.,_~Ir •wr~r; I,ro~i~:~:; r~~~r~d~. a :-rrr<J ~.;r;. .~.._ ~E rw~c_ ~ _, t - .~or?-in-~ ; urv 11~~,w~7fi~ a ~:.~rr~k.~~r~_~;~~.r7 _ r- ~~~~~_ T-~on,~l WHEREAS: :_~<<~•r~ F.;r~: „~~. f:-c.i~, :rte tl_t~='r. rl•,%~;, tc~~,,.-~r~:~ <~-;f:~r-,~•ir~,,.i .r ~.,'f'~ -3r~<i F >-:cell} ~:_~ irr fry ~ ~.~~.~..k tc) I1~lF_?'r ,,F. Ic '~_,( P,J1;7'(r!;7 C~I'.~'rti f. _rt~;a:~r,r ,. ~ _ ;a"~F~~~rt:;i~c~n ~,'~rrrs. E~~~•. ror~~~~•~rtc~l ~~.~r~tr~ct:,_, rF~ ~r~~~7tion<al ~~r?~ riiris_:~s: ~:%lSlri _: :.7 r1~~ G ;' ~U~tt_RG 7CF~CI;• l;f?I•C `;~1T;=f'y. ~::C~1~1 ~ ~-,l' ~liia _`:Cr1Gr?1It_ ~:'~ C~~ V~'IU~~rY Lilt, C~tl~~ I1~11T"?EsfC~.t; ~~.Cj;Ort ~~t(di' ~5 t0 ~ f-c~_~r~, ~f1~.; v~,'ef) I ~ r~la ~~± Ita 'l ii'l15 C:vrilrTlUrlitV: :1r1~:~ VdHEREAS, t .~~ •'f' ~i~_ ~_~ti~_~r~ _~rrc` r~r, i;_~ ~ f ~-~,,,,~-.rt F~r~-,r,l, ;, ~ ~,~ ~~~• ti, ~,i <_~~ tf~,_,;, f },:,, trav~ r.:'ir{~~:~ ~~~r ~ ~_a{_.,-; ~~..r:•r~; ~i1~L,~ . _.~•''i `^t~,<.~~_ '~".-IiLF~C c~. ~..., =il~~ult:~r~ tc ih~ ~~.r..,~E-;7s vi to~~,~ ~:~us~~~~;:_. NUW, THEREFORE. '}_r,~ ?~r1t7~,,~~r an:t ~ ;.~~~_r~,c~i; r_.f thr- T~~~w~n {:;r Marana r~~t~~~ _r;r~~ ~~1-~t~n-~f-; r" - ~ -:t~~ic~r 1 ,,t,,, E~~~~'sPL~ ~'~'EE A.F'F F ECI,'=.`~ JN `.'J~EK ~~ ~,.:~ ~~r re~;~:~<:~r~~~e c~nc~ ~~c;lr,:,rcair, ,.~• ~ r :~:~~zt~~r ;~ririt a<::~r-~~ tt~3a' t-;,~ar ~,r~ rE= I,_ ,;<-,es rn,ak~ `o in- ~~ro~ :: 'I ~r, ~_~~.!%alit ~ <>E lif : r,>> ~i'~~; c~~ iz::r~~~, c:~t tl ~r ;;~~j,•r~ <,t ^,~;rt~r~~ arr<~i u~ ~~~ tt~~ "iti<°~,~~. ,:>f tnc,~~~r~rcrrica ~.~,r=~~r~nuni.y tct ~71.~r,~ r~.~ ~~gr~ rt=• ~~~~~F car~t;~ik~~uirc, :r~. T~-~c~~ Cc~un~~-i `,Jr`f;~.~ ~•rc~.i:xirns ti-i~t fr<~rr~ tr~,i~ c~a, f~:~r~%;~r~~a ~. ..• _ ,. r,, i~~ ire: , r :~e~ c.,,s~;.A t_;.,r,~ ~;,,•f_ _,~ ~;,,,,'I ~?r,, rf ~_c~,r,i%~d ~rt,,t~, ~r~ ~ ~ `arc7`~;! ->riCk C-1~'7~,%~~r t~, k,.-., ~1C7. F~ .~ ir~, t,-r ,r•,hi~rHC,~'~~,' r--~ i~~1~i~r: CO+.!ri'r%r:~r~a. D~~t+:~~ t~>i: 21 ~' ~~ :~~;- ~:>L ~~_ E>>r~rnk_~F:r; ~'O 10. I ~ %`~ ~ ,~ ' ; ; J y ~~ ~ ~'s ~ r '~~ ,. a ~» Z. cS xI s~',~ Y. I T E J T . . 1 ~~ ~~ '~ ~~ .! 'v il 4 Z ` r+ a ~~ 4 ~ '~'w t f. r»».. s~r~ ~ ' ,. ~ '... a3 a.i ~ p ~ s~ { ~ t _. t_ yri~.. C>'':=~r"!~~?r1. ~C~Ni~ ~I~_rK ~S~ ,~ ~ r. ~ ~~ ~< ,> t ~. r 3„ ~„_,~~ U.. ~ :~ F: -~ .:1~~`~ ~+ ~~ .~~ tr „~~~~„ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Lisa Shafer ,Interim Planning Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-88: Relating to Development; approving a final plat for The Preserve IV at Dove Mountain Discussion: Request Final plat approval of a 130 lot single family subdivision on approximately 88.1 acres of land located within the Dove Mountain Specific Plan area. The Preserve IV plat consists of lots 487- 529, 535-576, 606-650, Blocks A and B and Common Areas A and B. Location The proposed subdivision is located in the Dove Mountain Specific Plan area. This subdivision is part of "The Preserves" residential development and generally located north of Tangerine Road and west of Camino de Oeste. Zoning The zoning is "F" -Dove Mountain Specific Plan with a split land use designation of "LDR" - Low Density Residential and "MUC" -Mixed Use Commercial. The LDR designation minimum lot size required is 6000 square feet. The minimum lot provided in the LDR portion of the plat is 6023 square feet and the maximum lot size is 6859 square feet with an average lot size of 6228 square feet. The MUC designation minimum lot size required is 2000 square feet. The minimum lot provided in the MUC portion of the plat is 5396 square feet and the maximum lot size is 6979 square feet with an average lot size of 5678 square feet. Blocks A and B are designated MUC and have the ability to be used as commercial sites in the future. Transportation Access to the subdivision is available from Dove Mountain Boulevard and Camino de Oeste with direct access provided by an extension of existing Golden Mirror Drive and Meditation Drive. This final plat dedicates the remainder of the ultimate half right-of-way width (175') for Tangerine Road. Regular Council Meeting -September 21, 2010 -Page 6 of 87 ATTACHMENTS: Name: Description: ~ Reso Preserve IV at Dove Mountain.doc Resolution O Preserve_IV Applicalion.pdf Application O Preserve IV_Locaton_Map,pdf Location Map D Preserve IV FP[11.pdf Preserve_IV_FP.pdf Staff Recommendation: Type: Resolution Backup Material Backup Material Backup Material Staff finds that the final plat is in substantial compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan; therefore staff recommends approval of the final plat. Suggested Motion: I move to adopt Resolution 2010-88, approving a final plat for The Preserves IV at Dove Mountain. Regular Council Meeting -September 21, 2010 -Page 7 of 87 MARANA RESOLUTION N0.2010-88 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR THE PRESERVE IV AT DOVE MOUNTAIN WHEREAS, the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, as Ordinance 2002.13; and WHEREAS, the applicant, Baker & Associates Engineering, Inc. representing the property owners of The Preserve IV at Dove Mountain, has applied for approval of a final plat fora 130-lot single family home subdivision on 88.1 acres, including lots 487 through 529, lots 535 through 576, lots 606 through 650, Block "A", Block "B" and Common Areas "A" and "B", and is generally located on the northwest corner of Camino De Oeste and Tangerine Road, within Section 36, Township 11 South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on September 21, 2010, determined that The Preserve IV at Dove Mountain Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that The Preserve N at Dove Mountain Lots 487 through 529, Lots 535 through 576, Lots 606 through 650, Block "A", Block "B" and Common Areas "A" and "B" Final Plat is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of September, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 21, 2010 -Page 8 of 87 t~~L~.~ MARANA :^ ~'/I\ PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION (Check One) ^ Preliminary Plat [`Final Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ Rezone/Specific Plan ^ Native Plant Exception ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Annexation ^ Improvement Plan (snecify ty ke in Description of Project box*) ^ Other 2. GENERAL DATA RE LIhRED Assessor's Parcel 21 8- 5 5- 5 6 7 0, 5 6 5 B, General Plan Designation Numbers 5 6 5 C 5 6 6 A 5 6 6 B 5 6 4 C To be confirmed b staf Gross Area (Acre/Sq. Ft.) and 5 6 4 D Current Zoning Dove Mtn . 88.19 AC To beconfirmedb sta Specific Plan Development/Project Name * , Proposed Zoning Project Location Camino de Oeste/Tan Brine Description ofProject* Single Famil Residential Future Commercial i3locks Property Owner Rita Land Corp.; Red Hawk Marana Street Address c/o Cottonwood Properties - 3567 E. Sunrise Dr., #219 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85718 299-8424 577-2391 Contact Person Phone Number / E-mail William Hallinan bhallinan@cottonwoodproperties.co Applicant Baker & Associates En ineering, Inc. Street Address 3561 E. Sunrise Dr., #225 City State Zi Code p Phone Number Fax Number E-Mail Address Tucson AZ 5718 8 18-1950 318-1930 marty@baetucson.com Contact Person PhoneNumber! E-mail Marty Magelli, P.E. 318-1950 x104 Agent/Representative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business License No. 3. AUTHORIZATION OF PROPERTY OWNER. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~y ~; ~;, ~ C` .a ' William Hallinan ~ ~,,,.~~- -~'-~ ~ t ,%'~~. ~ '~ Date Print Name of A licant/A ent ~"'`~ Si nature '--' ] 1555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600^Fax (520} 382-2641 * The Pregerve IV at Dove Mtn.. Regular Council Meeting -September 21, 2010 -Page 9 of 87 ~~` The Preserve IV at Dove ~_ Mountain Final Plat :~ -y . %.~ , r_ x CASE P RV-04048 F , , y x IIIIIL~LM.Op -=-~R~.RD ~-r~ +~ ~-~+ W-h1~.~RE~RD~ Th P II t D Mt e reserve a ove n. ~cu ~ W W 0 W 0 O z t~ z m ~ /~ ~ a The Preserve 111 at Dove Mtn. Z ~ The Preserve at Dove .Mtn. o 0 z /. ; / / // /! i ~~/ % -' ! ~ Subj t P rt /,, ~ ec rope y / / ~ ~ ~ ~ ~, ~ ~ ~ ' ; W TANGERINE RD C ~~~~ Request o 750 1500 ft. Approval of a 130 lot subdivision final plat for The Preserve IV at Dove Mountain Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user ~if~ uncYf v5'e ~ n ' - e - Se tember 21 2010 - Pa a 10 of 87 a O U ~ ~ a ~ ~ ~ H a a ~ ~ ~ s ~ a € _ ~ nQZ N ~ 1- ~ ~ ~~ ~ ~ ~ pp ~w i R R ° LS30 30 CYNMJ R $ 6 4 ~ ~ ((~ a ~R p~. ~ ~ ry ~ W~ ~ e e o. e ~ O z~Z o"- 2i ~ FN ~ ~ " `~u ~5 5~ 55 ~ ~, Y 04 ¢Wh~ SV 'n^/ ~~ Q ~`6zo "gym ~ ~' ~o z '"" L~i ~ $i ~~ ~.~ a~ ~ ,"5. ° 4 ~ ~ ~~ ~WZ ^~ ~$ ~I~~ ~ ~~ ~ ^§ ~ ~ ~ ~ ~ sag ~ ~~ ~~ ~~ ~~ as ~ ~ ~ a ~ ~ ~ ~m~ o~~ ~i I` § ¢z.. a Rn w~a wr aroa ~ n Ra -~ a ~ a ~ ~ ° ~ ~ $ ~ °3a - '~ ^~ ^~ ^- aio ~ " ~ ~ W ~. Q ~ o00 °t1! ° ~ w _ ~ ~! Z$:' io a~eW ~ L L 1 ~ ~ ~ i ~ m¢ ~¢ mi ~ a ~ a .. .e ~ 0y og " ° i ° i ~ a~¢~ ~~ ~ a~2 ¢ v egog ~~ a~ ~~3 ~~ ~ ' ~ I U ^~ ~~ ~~~ ~~°~ ~~ a~ ,s'OmN~ ,, ~ ; x§"; a is ~g~`£ ~" g~ ~~ ~,. ~ € ~ ~~ i I is ~Wa g i° C ~~ k ~~~ ~ ~ I i J ~ it ~~p° ~~ ~~ ~ ~ m ~ .a i ~W~ ~ ~ ~~~ g~a ~~` r ~e ~~ Q ~ i (~~ i o e ~_ ~o a~ ~o~ ~ g ~ ~ ~` ¢ ' iii ik ~ ~o~ oo>v= ~ ~ a ~~~ ~ ~~ ~~~ ~i g ~ iia I~ j~ ~~~~ ~ ~~~ ~ s ~~~_ ~ i~ ~~~a ~ ~~~~ ~~ ;~~~ ~ ~ I~ is !~ ~ i~ a a - - - - " °~~ ~m~ ___J___'0sefao 'mlBn ________ _____~..______J i 1 cN1rD _______-__ von ' ~I ~ I ~ i rrs ~s ~~ ~ $ o ~~ ~~s~ P~ ~~~ ~ ~~ ~ 4~ x ~ Y~ ~ ~ ~s ~ ~~~~ ~- o€ ~ ~~ ~ e~,_ ~E ° '= ~z x u ~ ~ ~ p ~ £ - p^ Wks .~ ~ ' rn ~~~ Asa ~o§ - o a~ a ~~~~~ ~ ~ ^~~~~ ~ ~ ~a a~ ap~~ °~ ~~_ .° ¢€~ '~~ °~. ~' '~ e 3s ~k ~ ~W i` ~"~?a ~ $ ~e~aa~~ g ~ ~~~ x ~_~~ W~ ~ Ee ~~" ~~ r4y ~~~~ "~ I ~ ~' a ee mo~$J °~r° ~° ~~^ ~~ i r ~° ~'~ ~ i$ ' i _~ f ~R ~SY i~ ~~ ' ~ ~ ~ ~~ ~~~ a3fw ~ - ~ ~" x~~aa~ ~ ~~ .~° G ~~~~ -~ "c~~s ~w a ~m age ~ea i ~~~ `~ is ~~~ ~ ~ e° ~ ~ 4 ~~i£^~ ~ -~ ~ am R~ ~ra~ y is ~~ ~~ a ~; ~ `~~~ n~="9~~~m~~ ~~ fig- i ~s~ ~ ~~ § j ~~~ gg; yaw ~Iv s ~~ ~~_ ,~za ~_. i I i - ~~~ ~ a a ~~~ ~~~ ~s~~~o a~o~$~~~~~~ ~x !~ m a ~~ ax~~`~~ _ ~ ¢ 5a~e=_ m ¢ ~ m ¢ ;3 ~~~ j.s 8 ® '~ ' W S l k ~ ,~ ' ,ij / U 9 e N _ ~A~ ~ `~ '~ S 133HS 33S - ~Vl7H0lt>W - - - - - _ - - _ ~ ~ ~ Q ~ y Z ~ a ~Ym "'~ -~ ~.,F i~ ~ Zmg w~~ ~~ y IQ-• ~,~a =fig ~ W I \U ~ ~O~ OWZ ~ ~ d \' Vii' ~o g g '°- ~ ~~ a O ~ °aoi w~ W U i -~ I o s ~ &` a ~~ \ \ ~- e ! .. °~x ~ m ,~ r .._..._ b Z~. =03 I ~ I ill Q 0 w W ¢m ~ Y O o a~ ~ ~ i ,~ ~ -_ i ~ ~ i ~ a v,Z \n v, of O \ ~ Y ~ ~ ®-'--- ----- 7 ~ i ~ ~ 2 . , d~ -- \ ~. \ ~ ~ ry ~ \ i ~ O : ~\L _ , ~ r 51554,E ~}9P x,31 54 • ~' $i1J _ -, St , ~yh'~~~ ti'4 ~I \. ~ ~. j ~ ` i~ r °~ ~' \05 w~: i.~ /J ~ / z ` <\ y `~" P ? ~' b ~ c` 39 , \i \~N ~ o ~, `\~ /°~ , ~~ d°541 \ J! ~ \ • _ `\ ~ G ~ . o ~1 ~ \ ~~ \ ~` ~ J ~ L\~0 ~_ m \ T LS1 ~~ ry64~4'w m ~ \ ~ \. uI ` O`y~ i ~ \ ~ ~ ~ / • L \ ~ ',' q:~... ~. ~... 'Cis 3 I~ \~J:\j 6 ` \ /` ~ry ^Pp i `\ \ \ ` k\ 59~ ~~ \ ~ ~~. 4t10J\ _ ~ yT ` a yy \ ~ •\ 1 .~ $~~ \ \ 4 n b s ~ ~ ~ \\\ \\ ~ ~ $ ~6 15 ~ ~1~ ti \ s ED ~ \ \ I ~ '\ by I . hs fit{ ~9 $ u \ / ~ ~ \ \ \\ ,,\ r ~ \ \ 3w \ ~ L I w ~, \ _ ~~ ~~ ±T ~ ~ VJ \ \ ~ m~ i ~ ~ I \~ g / o~ h ~ I 5 I ~ Q ° h ~ ~~ ~ i \ ' H~' I ~ ~J ~ , ` ~ ~a~~ ~ ~sr, .9 a °~'~ hti` e ~ I I . ~ ~_ ~h a°' oig `:mss, \I ~ ~ ~ I I I I I ..~\ze I \ ~ ~`s^ : c. h ~•~ 5. I I ~ \ ~ e . ~ sy.~`° ~'§ ~ ~ I i \ •\ ;~~ o~q hyry~ \ ~ ~ i I ~ ~ J \ \~ y 1 I ~ Q ~ i h, ~ I I I I ~ ~ I ~ I£ .~ \ ~ '\ ~~ ~ \\ ~ I i l a gl~ I ~ I \ I 1 ~ I 1 I ~ ~ ~ ~ \~ I 1 I ~r~ ~ ~ I I , ~ ~ \ \~ I ~ m I I I I ' ~ ~ , r\ ~ w . ~_____________________~ -----a ~ I ~ a ~ ~ ; \ I~ ;/~ \ lug I ! ~ ~ ~ = e a ~ + ~ 1 :gu l r Council Meeting -September 21, 2010 -Page 12 of 87 I v --II ~ I e.~~J~ I .a. >,6R ~~M~. I \V 9133HS 33S - 3NllFl~1VW ~ L\ S 33S IlAM3Pd-~1VW U ' s _._._._._._._._._._._.J._.i. ~H_._._._._._.~ ¢~ o``~_'~' ~ ~2~, \ IA _ N ~ ~ ~~( L 0~ ~ ~w n¢a ~ N I~ \ y<A ,fit \ i 1-w X61 '^~ c$ 5 \ ~5OL~ 9h $ 1 ~ \\ I~~ OJOO ONZ CS e5 4 ~ ~ ~ ~ \ 1 i/ as` J. ~\ "-~- w W i .~ a,, ~ ~a .,A~ ar. I~~ ~ I~ u1 =~Q ~iB CZ .~`~ S~ ~t J S~~ INK ~@ .o f'.~°v ~°` `:Ssa ~~ 5e~~° 2 Zlp ~' 03 ~W Shc ~- o ~.~ ~ ~111pQ o ~ m~ S"'$° 12A',~ `~~ ~~~ ~ .. x\08 5q~ .gs~ H ytnW pZ~ ; I 9 .~. I¢ w m¢m !a~.-~~ p ~r ~9y~ ~'~ -ate 9~e~ ~ ~ ;= a,c~z~d ~ ~ ` ~ x O . 11 ]' I ~ eSes~ ~ y qs~ `~q~§yy~ °' I ~`~ `~ ~¢ ~ ~ ~ ~ ~°:0~ ti4 ~ yy 5. ~~ o•R~4ry mar ~ 5" t°~ ~~ i ~r' I ~.~~ ,~ Ohl `~ :~s\ S~ gh,.~ os °~ i ~h ~ 01 A§ \ \g~ .\ a~ L``R~ ~1 ~J ~.~Ye ~ 95R \ n 011 ¢ I bg I \`V 5s oo ` 9 ~e ^,3 2 ~ .a9sEZ M.ls,l9.cm' - \,g~ 4 ~°~ S~Oh~ \\`bs `~ ~ r£ J ~ ¢T ~'1°~~5,~,~ !~ I NI ~ ~,~ o~ M1~ e ~~ i v` y,~ ~~`' ~ 534 \,H. °~i®w ~gv\~. 12 CP 5201 X181 R6 ' ~vql '•,s ~ ~`d° 2°401 ~,~ ~ R24 c9-~ j2/' /~ A ~. ~ 174A ~ ~ G YiR _ I ~ ~\ y5t~2p~ N.Ttr9 a1' ~ ~ <s\ ~~\ °pl V `\ 523 ~~` _ ~~ y fa 6}i` __ ~~ .p __-___-__._~ 5'.B12oW ~ ~.\ s1T Zp \ ~., ~" ~ _ ry, va 4i~rO / ~~~~ 1- Siff9NE ,~ I2O•~~ b ~ a, ~1 :~ 6f ~I e r ~~ ~ ~ \ °\ c q , P .~ I ~ ~ ~~,f~~ $ ~ `\ ......... OP n ~' \ \ t91 .i N3~L5 r - _~O. CAS .. .f2 .EL ~ ~ \~ \~~ w~ °~ $ ~ >5 DOSS I ° - J_l\ \ \ ® III ~ : .!IJ'OZl I,, 3\',,,, L^ ! r ~ \ M.{S, BIAS ~~ ~ JS COO9 ;~ ~.g " I ~ ~ 8B III ~ ols lOl ~ g ' o-~,,, L O .OO'OLI ~ __S..SY.ZbZAA OO Df 1T M.ISCQIYAS J' OObS JS DOSS $, OLS JOt 1 5101 ® ~ .00.OLI ,GD'OLI M.lS,CaCOS ~ 3„IS,OO,pON ~ '. o-1- z~ g~ E OOK - ~$ 15 O055 F> 6l5 L11 ZIS 1O1 I$` ~^ .Po'0ZI ~ OO'OZ! ~ ~,, '~. M,~S,GOL 5' ~_/\ 1.1Y.OOAY+ I I, 7 SIS 1Ol ~i ~J O +i BIS lOI `~ 3'' M.lrO0LO5 ~ ~ ,..ld~~ 0 n GM9 `'~ a$ :_~~, W ~~ ,9JA, rd ~ ~ ~~i z'. ~',, ~ 'V .OC951 °~ Y M..: S,OO.OGS 39i ~, 9151(1) ~ 3.,I5,Ofi.O6M wbZOI '~,, °L;~\ ISELI '~ 3„{S.OODGY SiW ^~ x JS 6955 ~ ~ 50 R 44 SIS llYt f~~ m e >T~ 4/-L _3..15.O9.WN .B6'CZl____ jj, cT~ '^~~ .B YO ______ ~L_'_ ~_ E Aft _ ~ _'~2i .SSB£E ~~ t. _,r» 1..14~O~DOM ~gu r Council Meeting -September 21, 2010 -Page 13 of 87 '' `~' ~ ~ ~ '~'~ ~~ ~~" I x c W - ~ ~aJ.~ o .~..~, ~~ ~~~ _ _ .e, vaar ,vonr~a _ _ _ _ s, _ ~ _ _ m~e :nam _ _ _ ®awn _ ~~~ ~, 3a I ~~ I ~ V_ ° ~J~ W~ I \~-~ 2 Flo i ~m I ~g~ i ]W~ ~2w =' o g ~ 1.. ~ J W ___~___,.I W Qo~Q .N .g / J I ~ ~ W ~ ¢ 4l Z I\~~\\ ~`/ ~1~ ~ I~ ~ I ~ O~~ ONj C~ S 2 \ 2 s i ~ ; 2¢I¢ Woo ~+. ~ ~I ~. rv._ ~ ~ G I 'il _ ~ m i U ti jsYU~ oo'n w~gfi W ` \ ~ ~Ig° ~ I ~~ ~O4Q H ~ ~I ~~ \ ~ I ~ i Z ~ oirz a' WI 1 I I ~i ~~a oa° m! ~ ~I i, ~~ i ~ ~~~ ~ xi ' ~ I 2 ¢ j I mi ss„ / ~ ~~ ' ~ ~~ Z o ~' ~ \->ShJ ~ ~ I ~ yl 1 ~ ~ ~ ~ I om ¢ ry ,~1 `< ~~~ G 52 \zI /~ ~ y /9 ~ zi i A ~ / ~ `~, ~~V ~ ~ ~~ ~ ~ ; I a Q W uLW iB ~ sg~is~ \ ~\/ `~ ~A ,B. GGMMJ!+ , ~ ~ ~ ~G3 523 _ I .ol 5l2 _ u ~ ' I I s \ I ~y \I~~ ~~~ '~ •.~ '~ j ~.. ~ ~ 2~,/ \ ~ \ `9i~ °e~~ !\ \\ 8R~ ~ --- ~ 'i~ ~z„~~ i sls ~o, ~~ I ~ ~ I xh ~m ~ ~ ~ __. _._ __ ~~</ \o \ `I usem \ \ ._-_ o\ ', f \ \ ss iii I ~\ ` ~1 \ C= ,~ ~~ ~ ~. `~ .s. ryn.v~ryo~ __ ~ ~~~~ w~i m~ ~~~.~ >e ~xxauna ama~.+~reaa aea'oa ~ ~una.~a ~roexasa~ aaoa 8 ~I II Council Meeting - September1, 2010 -Page 14 of 87 I I I ; "moo ; , I I I I I I I I I I I i ~ ; i ~ry I ~g I I ~a ~ I I ~ ~ry L I TSB __ L_-_ I~------------ I I ~~~, ~~, ~~ '~; ~~~I ~I i i ; it i i ~' it ~a I _~ ~I ~ ~rz ', ~',, _ ^' ~ W~Wj ~¢i :~ Q~$ ia~s ~o Syr a€~ I I ~" I r ~ ~I ~~$I ~~~I $~~I ; ; ; ; ; ; I ; ~~n ~~ oa ~Y ~~~~~ I s ~`y I I S s c ~e~a ___ 7 i ~ , ~~, i i i a I y j __ ~ `~~` V ~ ry' '~ / i 3P% i Y Ta %r ~ mot h \ ,W ~ iL iL ~ , ~ ~ ^ - h ~~3h 4 /L~ LL L /~ ``Por ti i / L ~ ~,~ `& h `~ o~~ / / L ~ ~e L ~ ~Z~f {Y / L £p L ~ >,. ~ % _ ~~„ / ~ ,; ~ ,__ "-~ , _ ~. ~T __ ~ . - ~ l _t t_ I( a~ ~ ~ a ~~s ~s - 3r~-wolvw K ~ ~I Meting ~-9eFste mber 21, 2010 -Page 15 of 87 ~ ~~ m U ~ N >_ ~ ~ ~ I~ ~ZW =' o i IW f~Q4 F N ~m... -^+Q .g ---------- ---- ~W - - y• ` MK C~ 5e5 H m )- ~- 5 ~ Q N CS I~ Q O _j z_m¢ W'-8 ~~ I~VF aF• -, h~a ~ a ~Z~ ~~ @ N ?Y 0~2 I~ ,Z591FZ N a{ V 69/tf HY ah I 31530 30 ONWYV7 sJ j ~ ~ 2 Cl C LL .xia k~'H .OS.:V I I a p g G ~{ pp Q ~ B N ~ i Q24 f p 8 Q ~ O00 p7~ K2 m ----_--- _ ,fiSYB - il i„LS.10.005 -.- (~~ma Ldp mi S I .LZ'IM m~y jQ y Q 02 S ~'~" ~ ~ ~ a ~~ ~ ~ m~ v i p 04 ¢ ~ I I ~ Q O O g z O m I Q g I I I ak ~[~~ ~ ` ( ~ ~ I I V~ Y'~? I I m a'Q ~~ arfiat ~„ofi,acaa~ ~ i \ ~ ~a I I ~~ \ ~' 122y ~~ -~ ~ ~ ~ (W ~ i a ~. ~ !~ I . . ~, .a. tea. rr~~.,o~ ~.\ ~_ ~~F ~ ~~ W `~~ a. I~ ~ ~S /~~ \ 8 f ~ ~G~ i o~~ ~~~~ ~~ ~ ~ ?~ ~b~Y ~ ~~' ~ V __ o~ / a O m ___ or ~ ~- ~ ____~ ~ n ~, ~ ~' .\ a~ e ~ ~ ~~ ` ~ A A ~ ~, ~ & (~ ~ s9~ ~A1~ ,~A\ 1 ~ ~5 A~ ~ ~ G~' ` ~ a A o~ ~' ~ ~ N a`~_ ~' ~ \ ,..oG a ~. y~ ~ ~, 4 Vji ~~ \ ~j9 N ~ .d~; py ~ ~ ' 1 ° °" \ A' ~ ~ : o, <' ~ A \ tlc ~ \ \ ` v ~,. \\ Z\ ~ . Apo S9''p ~ ~ _ "~ \ 0~9 e\ ~ J ~ \ ~ N q `P ~A ~ e d ~UV ~~~ ~~ ~~~ SAk~ .~e i a~ ~3~'~~ ~ ~~. M1 \ 4` ~ s U , ? \ 1 \0~ ~y A ry, ~\ \ ~ «~ \ ~1` o~~ F . A u \ p \! ti \ ~~ ~1~ ~A? ~ ~ \ 9~S e' ~ ~ u.. u `~ \ ~ ~ ~ ~ " ~ Oy ~~~ M1 ~ ~ . \ ` r O`9^ 0S1 \\~S ~ s `1...~._aZ!) `sue ~~ ~~y ~~ ~,5 ~~ \ ~ ~ 0 13 ~ ~~ i~ \ b a \ \:l~l ~ ~ ~. N'1 \ !F' ~ .A ~ ~ ^i z rf "1 0 \ ,r ~ O 5 , ~~ ~ \ ~~~ \ C` i ~ ~ mm \ \ gar \ ~m i \ i i i i i ~ ° ~\ i n ~...\, N~ \ \ r \/~ ~i \ \ iW . ~ . T ~ . ` i y A S\ I ~ i~ \ \ ~ yl ~ i ~ WI \ ~~~ i2 ___ r i it r Council Meeting -September 21, 2010\-~e 16 of 87 „T~_ , s i33i-is ~s - ~i~ivw . ,rrno~ Reg g ~~ ( ~ ~ ~' 1 ~ f~ i ~ /@"- ~~ 5 ~~,X ~ ~ ~ ~. ~ ., ~ W Q N a ~ E IS ~ ~ ~g N W ~ o s \ ~ a a ink ~~Q ~g cnn c O "'~ I-YU gNZ O cg ° _ '~ `, p J2 ~ Cp Q W ~" U Q N .; c p~ y°'j'3 C S B yd Q ~n k ~¢ili Ooa ~~ii W~ Cy ~ O ~ °ao~ ~~ °Hj ~~ ~ moo Q a °~z -oV zo3 ~LI COQ oao YW m~ m ~N~ j<m ~'~ a '^ H ~ ~ ~ ~ 2 a ~ O ~ ~? O m o U a m ~ a O m U W = a `~ >§ ~~Z ~ 2 ~ n¢ii - ° ~ ~roa ~~Q ~ ~00 oHZ c~ ~a mZ 0`'o m~ ~ - ~ a W ~ g ~aW ooi w~g uu~~~OW °-"'z Ye gS ~ W J Sm~ ANC VC u,~ O Q ~ °aoi ~~ G7 Qa ~ ~ '. ~~ia ~ - "~~ F- I ~ o ~ o a1 ~ a ~~~ °~ zoo Zo3 ~ v~Wi~¢Qi~ y. W WtoQ oao m~ ~< Iw w ~ O ¢ ~ ~ .~.w."I- _-~_ /~ 1~ W a N a v, /n O ~\ '£ 7~ I rn W'~Z a~ O O m ol,~ ~uti Wti ~ ~z g O ~WI2W gm ~ ro ~~ ~~ ~ O `~ I~w ?~ ih e~ , ~ 6~ I _._._.-.-._._'. ~ _ _ _ _ ~ 6_133HS133$-31W"FI01bpY ,~ 1 ~~ i I l i ~ "~ I I '' % I I W Ali x ~~ _ G I I P~~ ter" \ I ~s` ~o ~a I !Dj ~~`~~, i I ~ I x ~I I ~~~~ I i i i ~m i '~ ~a~7j ~ ~.~ i i ~ $~ i II ~~~,~ I ~ I \ W"sfi I \ / ~ i ~ I I -~ ----~ \ /' \. I I ~ ~ I I I ~ k .\ I I ~M r _.., i ~ ~e S' 1\ O 1 ~ a:~ ..\ ~~ I ~ a~ I c; Imo. i i ~~ ar \ I I ~ 0y'~ Q \,~r ,C'' ~ o I I I w'~ I u I ^ i S ~o I _ I O \ Q \ ~_ a I~ \ \ a~ ••~ `a°40'~ 1°M1`~ .3 a ~y r( ~`r . _~ it i ~__ ~. -i II ~ ~ I ~_ _ \ 1~ / ..~ \ ~ ~ I $ I v •°''~'•~ ~5 ~~ o'~§ ~ ~\ i I i i i d a y I i \ a` 1 ~' v ~~' .a ~ \ ~ i ~ a g ~ ~ I V ~~ .~ i S i i I i ~s~~ b I ~ '~ '~ ~4~r .`br ~i.\ .q's\ ~ti~;\~c° ~§ ~ ~4'r>;~a T~..\\ ! ! ~~~ u i i i ~ C~ Y 0~~5~1~ ~bo~ .~ ~ ~ e~ mss ~ S~ ~~ 8'15 ~ ` ~ ~ II I ~f~t3 I II I yep ms ~r ~ / O c4 ~' n o ~ ~ I I ~ I p I \ \ `~ `F~ y~4 ,a '/ \~ > \~ '~, °jr` ~y5i~1°° ,Pg ~;h~\\`~~~ i li V ' ~ .e~' \ X11 i \ I \ ~ ~~ ~~{ `~wr ~`°'~ ~' ,fit `0 4~¢dPs' ~ .=4 '^~ '" li 3 I\`_~~ ~~ ~~: ~"\`~'$ oe,~ .,c ~~ a 9"re / /~ ~ I l 's• 55ri~ I ~ z~ I I ~ ~ ~ \ ~~'~ - / #'S ~~ 664 ~ ~~ !I ~~/ ~ ~ ~ II °~ W m III ~, ~, I \., j~ ~ •g£ ~vp ~_ \i' / \~ III ~ s~ I I p~ \,~ ~~SP . / _ I ~_ \e4 ~ ~ 6~ \ / I x ~ ~ ~ I ' \ y ~r ~e ~~'~ ~ ? ~ I I ~ ~ i ~y \~\ ~~ \ 69j95f \ \\ ~i I y0 1 8 I 1 \ ;\ \~ s~g,~ooa ~/ II 1 W ~ ~~ s+~ ~ ~ ! I I W ~ `~1~ ~'_.__ izo.m_~ra=>I''ri611 ~' i ~; j i ~ I _~ ~ o i(((~ ,oe\, i j II ~ ~ s g~,s ~ I i _\ _ _ 8 J I '~~ _.. ~._.~ 33S-3N(~-I01dW ~ s?~ '~I II I I I I ~ ~ II II ~ ~ ~ II II I i I ~gu r Council Meeting -September 21, 201 Page 17 of 87 _ _ _ _ ~ II _ I W.t. .. -~.-.-.-.T. -.~.~._._ n ~b 133HS 33S - 3MlH0lVW - „ ~ -~ ~ ~~ x/s ~; ~snd b 133MS 33S - ~117HOlVW i ,6; 4~hY .Y'0NW0J ~'''~. ~~^: ~a .~. Y ~LY NJWrvOJ y~^~ .S1 ff01 3..6f.8S.68S~.,y.. __ __ / ~oJ~ HI _~ ~ w~ ~ ~I Z! --------------------------- __- 1 ~I ~I 59'[Z KL9,~CGW1 -- - 69~ a ~sao as orawa i qM .MHb 9Sl 'X3 I I 0 m ~ \. j ~ .~__ ~ '~ ~ 1 \ -~~ I ~ i ~ $~ i ~~ i I ~\ '~~ i `~ i $~~ m i '~ ~ ', i \ '~. i i u\ \ R \ {h' w i ~\ ~' ~ \ ~~ Reg ~F W U - o N ^~ N ~ ~ ~ WW ~Z2 vi Z e (~ f~Qy ANN \V 1~-YRf '^z - =~ fs OUU 2~'- oe JOO owe z_'ma W''~ ~. Q I a' ""a ~~{{ ~ ~ I ~ ~Y~ 00o w4 --------------------------I ~ ~'~'a' ~N~ ~~ ~ ~ Q O ~ ao~ ~ j a oo °°~i I ~ ~~Z ~ ~~R oao m! w i 2~ a K a~ ""~ i ti w~Z G ~ ~ ~ ~ i o :.4.9G; ~ _ ~ m ~~~ _ \ ~ ~ ~ ~~~ , \ ~r \ `~ ~ ~ ~ I ~~~°` \ ` ,- ~. \ ~ i ~•, ~ i ~`~,~ i ~ \ \\ i o ~ i i ~c' ~ i ~, ~ ' i i 'i ~,i ~\ l ~~ ~ ~ ~ ~. x ffi ~P ~~.- ~~ `. ra 9~ ~s ~ ~. a W ~I ~~ ~ ~ ; w. i ~I ~o ~ ,' i ~ WI ~ m. / ii ~ _______________________` __~W_________~ 4q ~ _ 'G' ~ ~ °5 •~ I m a~j~ ~~~ I :. d M 5 9 tAV I _ _ _.. _. _... _..._.._ ..__......._.-' N8 I ~_ o _ .S['L9 ..~ ~V' '.,a 1M SIOAON._.. _IIi i /~na +Od 3ts3o 30 ONWVJ N, ~~ i .»/ xeNa.9s~ , i .6S SBlf ! ~~` / ~ ~F I 3_,CS, lODOS ,00'Lf5 I Y .~ ~~ ~ I i J I ~ ~$ ~i i i Ca ~ C i 1 i ~ i. i ~ ~~~ n i~ I ~ € ~ ~ ~~ i i ~, ~n I ~ i ~d_~ S~ WC i., i ~u I ~ ~ I~ .~ ~ ~ ~ '~ ~ & ~ i a ~e ' i ~ i es ~ i ii i i i ~ i ~ ~~ i i ~ ~n i~ ~ ~~ i °m # I N i I ~ i ~ Ewa ~ I ii ~ ff I i I j r~ 1 tl i IIII ~ i I 1 ' /l i~ 1 II I I i 1 it i 1~ ~ I I \ i $ I ~~ ~~ex j it i~ ~ i i a~ ~ s~~~ I ` ~° ~~ ~ ~\_ iii ii ~~~~ i .l- ~ ~ , ~ ~'~ i . i Q ~ ~' ~ x l i ~ ~ i .r. 9 ~ i i ~ n ~ ~ i ~ \ / '_,\ ice-- i i i ii i i i i i i '~. i ~ ~ i i~ i ~ . ~ i i ~n - ~~ ~ i ~ i i ii ~~ i i .,~ i i i~~ ~ i ~ i -.X i ~ a ~'~. i i ~ ~ , I i i i i i ~ i ' i i i i i i i i i i ~ i i ~ ~ i ~ ~ ~ i ( ~ I s i i ~~ i ~ ~ i i L i ~~ I i WI ~I ~ ~~i ~~ ~ ~. ~I11 ~~ Wi .^ ~I ~ry~' i i ~ i ~ i Oi ~\ ~~~; i i_ i i° i ~'I ~y i~~§' i j i a. U. ti i I i a i i I M e ~ ~ ', I ~! I , ~~~ ._. ~. _. _. ~. ~. ~._ ~,. _. _._ 1 _ _ _ _ ~`.~ ~< ~ ~ ~~ Q A #~ M/a ai~sm ~ ~ ~ ~~ L 33S - 3~d~-101VW ~b~y ~ ~ i I~ I I ! ~~ i r Council Meeting -September 21, 2010 -Page 19 of 87 ~ ~ a O m Reg U - ~~ e < QZ N Z ( ~ t~Q L F~N Bo~ ~_Q U~ ~ (/] i_Y~N "'~ ~ ~~ O~~ oNj ~sgg ~U C@ ~~ Z W a. ^ h'a ~~^! ~Y~ OQp, WS ~ =~z ~ ~ ~ ~~ 4 a , a u u11 ~ J S~1t~ O4Q Gp O 1= nod i O~~ `~~ ~~ a Zp:" Zo3 Y~ ~b,Q ono miE ~ >¢ N (p~¢ OZae f., ¢~~ H¢~ ~i' a ¢ o ~ i u. m O ~~ Q 8 ~, ~. ~+!~~ .:~ ~: ,.a~~.~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September. 21, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: .Resolution No. 2010-89: Relating to Administration; authorizing the Town Manager or designee to execute documents related to the implementation and administration of employee benefits on behalf of the Town of Marana Discussion: The Town of Marana provides group benefits, including medical, dental, disability and life insurances, as well as elective benefits, including flexible spending accounts and benefits for dependents, to eligible employees. Benefits rates are included within the budget adopted by the Council each fiscal year. For fiscal year 2011, the Town went out to bid for its benefits and based on this competitive process, selected new providers for many of its benefits. The Town now must approve and execute plan documents for each of these providers, setting forth each plan's benefits and obligations. The Human Resources Department works closely with each provider and with a benefits consultant to determine if each plan's documents are accurate and provide the promised benefits to the Town and its employees. The HR Department then reports directly to the Town Manager regarding these plan documents and their implementation. If approved, this item will authorize the Town Manager or designee to execute all documents related to the implementation and administration of employee benefits on behalf of the Town. Financial Impact: None. ATTACHMENTS: Name: Description: Type: O Reso re_Town Manager sigrnng authonty_for benefits doc..s_ (00023022).DOC Resolution Resolution Staff Recommendation: Staff recommends approval of the resolution authorizing the Town Manager or designee to execute documents related to the implementation and administration of employee benefits on behalf of the Town. Regular Council Meeting -September 21, 2010 -Page 21 of 87 Suggested Motion: I move to adopt Resolution No. 2010-89, authorizing the Town Manager or designee to execute documents related to the implementation and administration of employee benefits on behalf of the Town of Marana. Regular Counal Meeting -September 21, 2010 -Page 22 of 87 MARANA RESOLUTION N0.2010-89 RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN MANAGER OR DESIGNEE TO EXECUTE DOCUMENTS RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF EMPLOYEE BENEFITS ON BEHALF OF THE TOWN OF MARANA WHEREAS the Town of Marana provides group benefits coverage, including medical, dental, disability and life insurances, and elective benefits, including flexible spending accounts, to eligible employees; and WHEREAS as a part of the implementation and administration of employee benefits, the Town must execute documents setting forth each plan's benefits and obligations; and WHEREAS the Town Council finds it is in the best interest of the Town to authorize the Town Manager or designee to execute documents related to employee benefits on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, that the Town Manager or designee is hereby authorized to execute documents related to the implementation and administration of employee benefits on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of September, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -September 21, 2010 -Page 23 of 87 {00023022.DOC /} ~~~1 f~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-90: Relating to Administration; authorizing the Town Manager or designee to execute agreements regarding the use of Town of Marana parks and associated facilities on behalf of the Town; repealing Marana Resolution No. 2008-119 Discussion: In September 2008, the Town Council adopted Resolution No. 2008-119, authorizing the Town's Parks and Recreation Director to execute agreements regarding the use of Town parks and facilities on behalf of the Town. This arrangement has facilitated efficient processing of requests for use of Town park facilities. However, pursuant to Town Code and as a part of the Town's overall strategy to standardize administrative functions under the authority of the Town Manager, this item would repeal Resolution No. 2008-119 and give signing authority to the Town Manager or designee for agreements regarding parks facilities. The Town Manager, in his or her discretion, may designate this authority to the Parks and Recreation Director as the Town Manager deems appropriate. Financial Impact: None. ATTACHMENTS: Name: Description: Type: D Reso_re_Town_Manager signng_authority for_parks_use (00023023).DOC -Resolution Resolution Staff Recommendation: Staff recommends approval of this resolution, authorizing the Town Manager to execute agreements regarding use of Town parks and associated facilities on behalf of the Town. Suggested Motion: I move to adopt Resolution No. 2010-90, authorizing the Town Manager or designee to execute agreements regarding the use of Town of Marana parks and associated facilities on behalf of the Town and repealing Marana Resolution No. 2008-119. Regular Council Meeting -September 21, 2010 -Page 24 of 87 MARANA RESOLUTION N0.2010-90 RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN MANAGER OR DESIGNEE TO EXECUTE AGREEMENTS REGARDING THE USE OF TOWN OF MARANA PARKS AND ASSOCIATED FACILITIES ON BEHALF OF THE TOWN; REPEALING MARANA RESOLUTION N0.2008-119 WHEREAS many groups and organizations desire to enter into agreements with the Town regarding their use of Town of Marana parks and facilities; and WHEREAS on September 16, 2008, via Resolution No. 2008-119, the Town Council authorized the Town's Parks and Recreation Director, under the general and specific direction of the Town Manager or designee, to execute agreements regarding the use of Town of Marana parks and facilities; and WHEREAS pursuant to Town Code Section 3-2-1(G)(1) the Town Manager shall execute general administrative supervision and control of the affairs of the Town; and WHEREAS the Town Council finds it is in the best interest of the Town to authorize the Town Manager or designee to execute agreements regarding usage of Town parks and facilities on behalf of the Town and to repeal Resolution No. 2008-119. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Manager or designee is hereby authorized to execute agreements regarding the use of Town of Marana parks and associated facilities on behalf of the Town. SECTION 2. Marana Resolution No. 2008-119 is hereby repealed except that this repeal shall not affect the rights and duties that matured and proceedings that were begun before the effective date of the repeal. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of September, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 21, 2010 -Page 25 of 87 {00023023.DOC /} ~~ ~ ~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: This action aligns with the goal of having citizens involved and connected to provide a safe and viable community Subject: Resolution No. 2010-91: Relating to Boards, Commissions and Committees; approving applicants to fill vacant positions on various Citizen Advisory Commissions Discussion: Pursuant to established ordinance, twice annually the Council may consider appointing applicants to vacant positions on the Citizen Advisory Commission (CACs). Currently, there are vacancies for either regular or alternate positions on the Business and Economic Development, Police and Parks & Recreation CACs. In August, staff provided to Council copies of all pending applications, including requests from current CAC members who wish to be reappointed. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ~ CAC appointments (00016077).DOG Resolution Resolution Staff Recommendation: Staff reviewed all applications, and find that they meet the established requirements. In the absence of further direction from Council, staff makes the following recommendations: That Henry Scoles be appointed to the Business & Economic Development CAC, with a term ending July 31, 2013. Regular Council Meeting -September 21, 2010 -Page 26 of 87 That Susan Rickman be appointed to the Parks & Recreation CAC, with a term ending July 31, 2013. That Gary Nicholl and James Shaw be reappointed to the Police CAC with terms ending July 31, 2012, and that James Edwards be appointed to the Police CAC with a term ending July 31, 2013. Suggested Motion: I move to approve Resolution 2010-91, approving the appointment Henry Scoles to the Business & Economic Development CAC, with a term ending July 31, 2013, and to approve the appointment of Susan Rickman to the Parks & Recreation CAC, with a term ending July 31, 2013. Further, I move to approve that Gary Nicholl and James Shaw be reappointed to the Police CAC with terms ending July 31, 2012, and that James Edwards be appointed to the Police CAC with a term ending July 31, 2013. Regular Council Meeting -September 21, 2010 -Page 27 of 87 MARANA RESOLUTION N0.2010-91 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING APPOINTMENTS TO THE TOWN OF MARANA CITIZEN ADVISORY COMMISSIONS WHEREAS Marana Town Code Section 2-6-2 establishes the procedure for Mayor and Council appointments to Marana Citizen Advisory Commissions; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Henry Scoles is appointed to the Business and Economic Development Citizen Advisory Commission for a term ending July 31, 2013. SECTION 2. Susan Rickman is appointed to the Parks & Recreation Citizen Advisory Commission for a term ending July 31, 2013. SECTION 3. James Edwards is appointed to the Police Citizen Advisory Commission for a term ending July 31, 2013. SECTION 4. Gary Nicholl and James Shaw are reappointed to the Police Citizen Advisory Commission for terms ending July 31, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of September, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -September 21, 2010 -Page 28 of 87 {00016077.DOC /} *+~. ,~~„ ~m ,.e~a~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council From: Ed Honea ,Mayor Strategic Plan Focus Area: Not Applicable Item C 5 Subject: Resolution No. 2010-92: Relating to Intergovernmental Relations; rescinding Marana Resolution No. 2007-212 regarding the development of the Rosemont Mine in the Santa Rita Mountains Discussion: In 2007, the Marana Mayor and Council was asked to adopt a resolution in opposition of the proposed Rosemont Mine project. Resolution No. 2007-212 was adopted by consent without a formal presentation by individuals for or against the project. On September 7, 2010, the Marana Chamber of Commerce held a public forum at the Marana Operations Center to discuss the proposed Rosemont Mine project. The public forum included representatives on both sides of the debate. New information including environmental impact assessments and increased economic development generation were presented which had not been presented to the Mayor and Council in 2007. Due to Marana businesses and residents that may be positively impacted by this project through the creation of jobs and bid contracts, the Mayor and Council have been asked to take a neutral position related to this project. By rescinding Resolution No. 2007-212, the Mayor and Council will be taking a neutral position and will not be at opposition to any Marana business or resident that may be positively impacted by this project. Financial Impact: N/A ATTACHMENTS: Name: Description: Type: O Reso_re_opposition_to_Rosemont_Mne_in the_Santa_Ritas_ (00023.1.25).DOC Resolution Resolution Staff Recommendation: N/A Regular Council Meeting -September 21, 2010 -Page 29 of 87 Suggested Motion: I move to adopt Resolution No. 2010-92, regarding the development of the Rosemont Mine in the Santa Rita Mountains. Regular Council Meeting -September 21, 2010 -Page 30 of 87 MARANA RESOLUTION N0.2010-92 RELATING TO INTERGOVERNMENTAL RELATIONS; RESCINDING MARANA RESOLUTION NO. 2007-212 REGARDING THE DEVELOPMENT OF THE ROSEMONT MINE IN THE SANTA RITA MOUNTAINS WHEREAS the town of Marana passed Resolution No. 2007-212 on December 4, 2007, formally opposing the development of the Rosemont Mine in the Santa Rita Mountains; and WHEREAS the town has decided to reconsider its position relative to the Rosemont Mine based on changed circumstances since 2007, including worsening economic conditions in Pima County, new information about the positive economic impacts of the proposed Rosemont Mine on the local economy, new information relating to the environmental impacts of the proposed Rosemont Mine, and the February 2009 adoption of the town's Strategic Plan; and WHEREAS the Mayor and Council find that the adoption of this resolution is in the best interests of the town and its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Resolution No. 2007-212 is hereby rescinded. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21S' day of September, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -September 21, 2010 -Page 31 of 87 {00023125.DOC /} ~A~A~~ ~~. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 7, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council. Member Jon Post, Council Member Roxanne Ziegler, Gounci 11\ 1 ~ tuber REGULAR COUNCIL MEET[NU CALL TO ORDER AND ROLL CALT.. Mayor Honea cal led the meeting to order at 7:01 p.m. Town Clerk Bronson called roll.. Ali Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Let by Mayor Honea. APPROVAL OF AG I N [ ).A . ;t~oti~~n hh Council Member McGorray, second by Council Memhet~E'lu~urun. Passed una~untously. CALL. "I-O THE PUBLIC'. Melissa Itohlick, Albert Lannon, and Mimi Baffin spoke against th ~; proposed land t i I I rezon i n <<. Those opposing the landfill by presenting speaker cards but who did not wish to speak were Kris James, Betty Turner, Steve Storzer, Mitzie Morton, Elizabeth Rtaxam, Seth I. Lewis, Steve Maxam, Pat McElroy and Linda Storzer. PROCLAMATION S National Preparedness Month Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray spoke regarding the Solara green home tour and the League of Cities and Towns conference; Mayor Honea spoke regarding the League of Cities and Towns Conference. He also noted that he had spoken at a SAHBA event on the activities occurring in Marana. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on the upcoming Employee Appreciation Weeks and introduced Tom Ellis to present an award to the Town of Marana from the Arizona Parks & Regular coili~iClc~tif~n ~smr>?o~'Ipa~l~oTas~ted that the Town received a $5,000 grant in 2005 September 7, 2010 Council Meeting Minutes from the Recreational Boating and Fishing Federation and the National Parks & Recreation Association. The town was one of 53 agencies that received the grant. The purpose was to introduce kids to fishing and boating. The Marana Parks & Recreation department got youth from various programs involved in these activities. The culmination event was the 2010 Marana Founders' Day celebration. The municipal pool was filled with 500 bass, blue gill and catfish and over 2,500 kids and 1,000 adults participated in the fishing event as well as 50 volunteers. Last week the staff received the 2010 Outstanding Youth Enrichment Award from the Arizona Parks & Recreation Association for this event. PRESENTATIONS CONSENT AGENDA . Item C2 was pulled from the Consent ,4 ~~enda and voted on separated at the request of Council Member Post. Upon nwti~ri~ bt. Council Member Clanagan, second by Council Member McGorray, C1 ~r~ld C' ~ -t°ei~c passed unanimously. C 1: Resolution No. 2010-81: Relating to the Police dhpartment; appr~wing attachment "A", a step pay plan, and attachment "B", an open ran Le pa~~ plan, to the Memorandum of Understanding between the Town of Marana and the I~1arana Police Officers' Association retroactive to June 15, 2010 C 2: Resolution No. 2010-82: Relating to L Itilities; authorizin~~ the town manager and staff to take all necessary actions to cause the To~~ n of Marana t<> participate in the incorporation of and to join the Water Conservation of ~outhetn Arizona (Water CASA) Dorothy O'Brien addre~secl the concerns of Council Member Post. After discussion, motion by CouncilG Ric~i~rbc~r Ziegler, second by Council Member Posh, Passed unanimously. C 3: Minutes of the Au~~ut 17. ?I) I tl rc~~ular council meeting LI(~L~t)F~ LICENSES L 1: Rclatin`T to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor licensr application submitted by the American Diabetes Association on behalf ofHarle~-Davi~l~on, 7355 N. I-10 Eastbound Frontage Road for the HOGtoberfest speci~~l event fundraiser. Presented by Jocelyn Bronson, who recommended approval. Motion by Council Member McGorray, second by Council Member Clanagan, passed unanimously to approve. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-83: Relating to Economic Development; amending the Marana Job Creation Incentive Program. Presented by Josh Wright. After complimentary comments by Council Member Ziegler on this program, motion by Council Member Ziegler, second by Council Member McGorray to pass unanimously. Regular Council Meeting -September 21, 2010 -Page 33 of 87 2 September 7, 2010 Council Meeting Minutes A 2: PUBLIC HEARING: Ordinance No. 2010.15: Relating to Land Development; amending Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning) relating to Significant Land Use Change and Zones A-F; and establishing an effective date (Lisa Shafer) Resolution No. 2010-84: Relating to Development; declaring the amendments to Marana Land Development Code Title 3 (Definitions) and Title 5 (Zoning) relating to Significant Land Use Change and Zones A-F as a public record filed with the town clerk. No member of the public wished to speak. Motion by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. A 3: PUBLIC HEARING: Ordinance No. 2010.16: Relating to Land Development; amending Marana Land Development Code Title 16 (Signs) by deleting Sections 16-11- 01 (Initial Fees), 16-11-02 (Work Performed Without a Permit), 16-1~-OS (Construction Signs), 16-14-29 (Temporary Construction Sign). and l6-] 4-37 (Off-Prr;misc Development Kiosk Sign Program) and by revising Sections 16-09-04 (Political Sign), 16-10-01 (Permits), 16-14-17 (Service Station Price Sign ). 16-14-27 (Development Sign), 16-14-28 (Developer, Contractor and/or Subcontractor ldentilication Sign), and 16-15-01 (Violations of this Title); and establishing an effecti~ e date (I".isa Shafer) Resolution No. 2010-85: Relating to Develo~~n,ent; declaring the amendments to Marana Land Development Code Title 16 as a puhl is record filed with the town clerk . No member of the public ~~ished to speak.. Motion by Council A1c~rrrhe~~ ;tfcGorrav, secon~! by Vice Mayor Kai. Passed unanimouslh. A 4: Resolution No. 2O I 0-86: I~elatinQ to Traffic and Highways; adopting a regulatory wayf nding sign program to replace the "kiosk" program under the Marana Land Developrrient Code, and authorizing the Town Manager to administer the regulatory wayfinding sign program with the technical guidance of the Town Engineer. Presented by Keith Branrr.. Motion by Council Member McGorray, second by Council Member Post. Passed unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter Regular Counscif~ee[ngh~eplembe~1, 2010 -Page 34 of 87 September 7, 2010 Council Meeting Minutes E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT. Motion by Council Member Post, second by Council Member McGorray. Passed unanimously at 7:54 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes Uf the Marana Town Council meeting held on September 7, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -September 21, 2010 -Page 35 of 87 4 September 7, 2010 Council Meeting Minutes !'X ~~~`1~ 1,1a1A .'+s lM~Iir55.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board adding Sampling Privileges to Safeway Food and Drug #1749, located at 9100 N. Silverbell Road, active Series #9 (Liquor Store) liquor license submitted by Janice L. Martin Discussion: This application is for Sampling Privileges for a Series #9 (Liquor Store) liquor license submitted by Janice L. Martin on behalf of Safeway Food and Drug #1749, located at 9100. N. Silverbell Road. Last year the Legislature amended A.R.S. Section 4-206.01 and the standard Series 9 retail license to include the sampling privileges option. Retailers who currently hold a Series 9 license may request the addition of sampling privileges. This is not a new application though the statute says that the request for sampling approval shall be conducted under the same procedures prescribed in section 4-201. Town staff recently attended a presentation by the Arizona State Liquor Board and the process that is to be used for a sampling privileges request was discusses at length with their representatives. That process was followed for this request. The application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of September 15th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. Because the applicant already went through the standard review process to obtain their current license the standard background checks were not repeated. The town clerk's office and legal department have reviewed the application and found the request to be in compliance and have no objections to the issuance of this addition to their license. According to the statute the Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or Regular Council Meeting -September 21, 2010 -Page 36 of 87 other evidence supporting the recommendation. If the Council enters an order recommending approval of the request, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the request or does not submit a recommendation to the DLLC within the 60-day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the request. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the request for sampling privileges. The decision of the board to either grant or deny the request will normally take place within 105 days after it has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: O Lquor_Lic Samping_Safeway.pdf Application Staff Recommendation: Type: Backup Material Staff recommends that an order recommending approval be submitted to the DLLC. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of Sampling Privileges to the active Series #9 (Liquor Store) liquor license submitted by Janice L, Martin on behalf of Safeway Food and Drug #1749, located at 9100 N. Silverbell Road. OPTION 2: I move to adopt an order recommending disapproval of Sampling Privileges to the active Series #9 (Liquor Store) liquor license submitted by Janice L, Martin on behalf of Safeway Food and Drug #1749, located at 9100 N. Silverbell Road. Regular Council Meeting -September 21, 2010 -Page 37 of 87 Department Application For Li Licensee's Name: Safeway Inc. Business Name: Safeway FOOd & Drug #~ Current License #: 09100222 Physical Location of Business: and Control .. ry Og_fd_1~~P ~28 •~ Privileges Title {owner gen :Janice L. Martin FOR DLLC U`SrE~ONLY New License #:~ t l_.1~~'~~~~~ 9100 N. Silverbell Rd. Marano AZ Pima 85653 Street Address City ~ Slate County Zip Code Business Phone Number: _ 5( 20~~79~8365 Email: Jan.Martin3@safeway.com I. Janice Louise Martin , un derstand that, u on a rovat, sam Ein p pp p g privileges for the liquor license identified above will require compliance with the following: Initial Here t_ 1. Any open product shall be kept locked by the licensee when the sampling area is not staffed. 2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of rs tie committed in connection with the sampling. t,. 3. The licensed retailer shall make sales of sampled products from the licensed retail premises. 4. The licensee shall not charge any customer for the sampling of any products. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, er, wholesaler or retail licensee. 6. Accurate recoMs of sampling products dispensed shall be retained by the licensee. Sampling shall be limited to three ounces of beer ar cooler-type products, one ounce of wine and one ounce rstilled spirits per person, per brand, per day. . The sampling shall be conducted only on the licensed premises. . Upon approval of this application, a series 9S liquor license will be issued and~mailed to the licensee's ress of record. The series 9S license must be displayed in a conspicuous public area of the licensed premises that is readily accessible for inspection by any peace officer, distributor, wholesaler or member of the public. {A.R.S. §4-261.01) 10. Liquor store license sampling privileges are not transferable. DLLC July 2010 Regular Council Meeting -September 21, 2010 -Page 38 of 87 A.R.S. §4-206.01. f3ar beer and wine bar or liquor store licenses• number permitted: fee; sampling privileges 1. Any open product shall be kept locked by the licensee when the sampling area is not staffed. 2. The licensee is otherwise subject to all other provisions of this tide. The licensee is liable for any violation of this title committed in connection with the sampling. 3. The licensed retailer shall make sales of sampled products from the licensed retal premises. 4. The licensee shall not charge any customer for the sampling of any products. 5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee. 6. Accurate records of sampling products dispensed shall be retained by the licensee. 7. Sampling shah be limited to Three ounces of beer arcooler-type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day. 8. The sampling shall be conduc#ed only on the licensed premises. I, Janice Louise Marlin ,attestthatlamtheOWNER/AGEivTfiiingthisapplication, that 1 have read, and assume responsibility for compliance with, A.R.S. §4-206.01(J). at the licensed establishment named on page 1, and verify all statements I have made on this document fo be true, correct and complete. ~' Date Notarized Signature The forgoing instrument was acknowledged before me this° '` ~ of ~ ~~~ ~ ~ r-. r~ day mo year Notary Public: My commission expires: ~ , ~~_, day month '~ OFFfGAi. SEAL ~ LOlS E. JOYCE y Public • Stele of Mlzone MARICOPA COUNTY year Aqi, Comm. 6cpires AptN $ 20t2 Regular Council Meeting -September 21, 2010 -Page 39 of 87 ~..~.~ ?~~~~ I~i 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item B 1 From: Erik Montague ,District Chief Financial Officer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. GFCFD Resolution 2010-04: Relating to Gladden Community Facilities District; a resolution of the district board of Gladden Farms Community Facilities District approving the elimination of restriction on transfer of the district's general obligation bonds, series 2004, 2006, and 2007 and providing that this resolution shall be effective after its passage and approval according to law Discussion: In earlier years the Gladden Farms Community Facilities District (GFCFD) issued general obligation bonds to acquire public infrastructure within district boundaries. The District's general obligation bonds, Series 2004, 2006, and 2007 were all unrated issuances. The purchase and resale of unrated bonds in the secondary markets requires additional knowledge and disclosures. As a result, those earlier debt issuances contained transfer restrictions which require that certain documents, including acknowledgments, were completed prior to the transfer of bonds in the secondary markets. Although necessary, this process was cumbersome and did not facilitate the transfer of the District's bonds in the open market. On August 20, 2010, the District received a rating of BBB from Standard and Poor's for its proposed Series 2010 general obligation bonds. Subsequently, the District requested review of its general obligation bonds, Series 2004, 2006, and 2007. On September 1, 2010, the District received notice from Standard and Poor's that the earlier issuances also received a BBB rating. These new ratings are very beneficial to the District and will provide for reduced interest costs on the Series 2010 bonds and later series of issuances, as applicable. These bond ratings will also facilitate the transfer of the District's bonds in the secondary markets which is very valuable. The resolution before you this evening removes the transfer restrictions which are no longer required as the District's bonds are now rated. Financial Impact: None. ATTACHMENTS: Name: Description: Type: Regular Council Meeting -September 21, 2010 -Page 40 of 87 ^ 329458808 v 1 RESOLUTION APPROVING ELIMINATION OF RESTRICTIONS.DOC GFCFD Resolution Resolution - - 2010- ^ Gladden_Farms Comnty_Facs_Dist_AZ_RL 20100820_GO_578130.pdf ^ Gladden_Farms_Community_Facilities District_Rating_Letter Rating_Report.pdf Staff Recommendation: Staff recomends approval of GFCFD Resolution 2010-04. Suggested Motion: Gladden CFD General Obligation Backup Bond Series 2010 Material Rating Letter Gladden CFD General Obligation Backup Bond Series 2004, 2006 and 2007 Material Rating Letter I move to adopt GFCFD Resolution No. 2010-04, which eliminates the restrictions on transfer of the District's general obligation bonds, Series 2004, 2006, and 2007 and providing that this resolution shall be effective after its passage and approval according to law. Regular Council Meeting -September 21, 2010 -Page 41 of 87 RESOLUTION GFCFD N0.2010-04 (GLADDEN FARMS COMMUNITY FACILITIES DISTRICT) A RESOLUTION OF THE DISTRICT BOARD OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT APPROVING THE ELIMINATION OF RESTRICTIONS ON TRANSFER OF THE DISTRICT'S GENERAL OBLIGATION BONDS, SERIES 2004, 2006 AND 2007 AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW WHEREAS, Gladden Farms Community Facilities District (the "District") is a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, atax- levying public improvement district for the purposes of Article XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1., 3.2, 4 and 5, Arizona Revised Statutes, as amended, and, except as otherwise provided in A.R.S. § 48-708(B), as amended, is considered to be a municipal corporation and political subdivision of the State of Arizona, separate and apart from the Town of Marana, Arizona; and WHEREAS, the District was created to finance construction and maintenance of certain public infrastructure needed for .the development of the project known as "Gladden Farms," including through assessment of ad valorem taxes on all real and personal property within the District for such purpose; and WHEREAS, in accordance with A.R.S. §§ 48-719 and 48-723, a special election was held wherein the qualified electors of the District authorized the issuance of general obligation bonds to cover costs of constructing required public infrastructure; and WHEREAS, the District authorized the sale and issuance of $2,105,000 aggregate principal amount of Bonds, Series 2004 ("the 2004 Bonds"), $3,250,000 aggregate principal amount of Bonds, Series 2006 (the "2006 Bonds"), and $3,075,000 aggregate principal amount of Bonds, Series 2007 (the "2007 Bonds") to fund public infrastructure for such development; and WHEREAS, the indenture of trust and security agreements for the 2004 Bonds, the 2006 Bonds and the 2007 Bonds provide that the restrictions on transfer thereof may be eliminated after receipt by the trustee thereunder of proof of a rating on such bonds as provided therein and written approval of this Board thereto; and WHEREAS, such trustee has been provided proof of such rating on the 2004 Bonds, the 2006 Bonds and the 2007 Bonds as so required to eliminate the transfer restrictions thereon; Regular Council Meeting -September 21, 2010 -Page 42 of 87 NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT BOARD OF GLADDEN FARMS COMMUNITY FACILITIES DISTRICT, AS FOLLOWS: 1. The transfer restrictions on the 2004 Bonds, the 2006 Bonds and the 2007 Bonds are eliminated for all purposes thereof. 2. If any provision in this Resolution is held invalid by a court of competent jurisdiction, the remaining provisions shall not be affected but shall continue in full force and effect. to law. 3. This Resolution shall be effective after its passage and approval according RESOLVED by the District Board of Gladden Farms Community Facilities District this day of , 2010. ..................................................................... Herb Kai, Chairman, District Board, Gladden Farms Community Facilities District ATTEST: ....................................................... Jocelyn C. Bronson, District Clerk, Gladden. Farms Community Facilities District APPROVED AS TO FORM: ....................................................... Frank Cassidy, District Counsel, Gladden Farms Community Facilities District 329458808.1-8/24/2010 Regular Council Meeting -September 21, 2010 -Page 43 of 87 2 ~~r~.l ~ ~~~~ C.X ~~../ ~~~ A~g~~t ?a, 2010 Gladden Farms Cam~munity Facilities District City o Marana 11555 W~+wst Civic Center Drive Marana, t~l_ 85653 Att t' • 'VIr E -k M t' F- ~ I}~ Qne h4arket Steuart Tower,15th Floor San Francisco, CA 9x105-1000 eel 415 371 X000 retere~ce no. 40 ~J&6' 3 en ion. i ri on aeue, ~tnanee _ erector Re: US$1,000,000.00 Gladden I%arms Gotnnaunity Facilities District, Arizona, General Obligation B,~nds, Series 201 D, dated: Date of Dele x~~r~=, ~Irc~: ,Jari nary, I S 2033 Dear Mr. Montague: Pursuant to your reQuest for a Standard & Poor's rating on the wave-referenced obligations, we have reviewed the information subnutted to us and, subject to the enclosed Tcrrt~ts• and Conditions, ha't=e assigned a rating of "BBB". Standard ~ Poar's views the outlook far this rating as stable. A copy of the rationale supporting the rating is enclosed. The rating is not investment, financial, or other advice and you should not and cannot rely upon the rating as such. The rating is based on information supplied [o us by you ar by your agents but does not represent an audit. V4'eundertake no duty of due diligence or independent ~°erification of ~~ny information. The assign~~~ent of a eating does not create a fiduciary relationship between us and you ar between us and other recipients of the rating. ire have not consented to and will not ccsnsent to being named an "expert" under the applicable securities laws, including without limitation, Section 7 of the Securities Act of 1933. The rating i5 not a "market rating" nor is it a recommendation to buy, hold, or sell the obligations. This letter constitutes Standard c~ Paor's permission to you to disseminate the above-assigned rating to interested parties. Standard & ~Poor's resersres the right to inform its own clients, subscribers, and the public of the rating. Standard ~ Paor's retie-s on thz iss~zerlot~ligar and its cai~nsel, accountants, and other experts for the accuracy and completeness of the information submitted i1,~ connection with the ratin~~. This rating is based on financial information and documents we~ received pri~?r to the issuance of this letter- Standard ~i Poor's assumes that the documents you have provided to us ~u-e final. If any subsequent changes were made in the final documents, you mutt notify us ~>f such changes by sending us the revised final documents with the changes clearly marked. Ta ,naintain the rating, Standard & Poor's must receive all relevant financial information as soon as such information is av~lable. Placing us an a distribution list for this infarrnatian would facilitate the process. Yau mutt pro~nptl}~~ notify us of all material changes in the financial Regular Council Meeting -September 21, 2010 -Page 44 of 87 1Y1r. Erik 1'~~ontacue ~'a~e 2 ~~r~lgtzst ~?0, 2010 inforr~nation and the dc~cu~~~ents. Standard & f~c4c}r's may chance, s~ispen~i, withdraw, or place on CreditWatch the rating as a result of chances in, car unavailability of, such infal-tnati~~n. Standard Poor's reserves the right to request addition.~I antorn~ation if I3ecessary to mair~lais~ the t~~ztinc. Pease send all information to: Standard & ~c~~7r's Katincs Se~r~~iccs Public Finance L'tepai~ment 55 ~~i~'ater Street New York, N~' I00~1-00(?3 Standard c~ Poor's is pleased to be of service to you. F~~r rr~ore information on Standard ~ Poor's, please visit our website at ~ :~ ~ ~ ~ ~~. If we can be of help in any other way, please ~ all or contact us at ~1~ _,_~~~~~~~~~ -~a< ~~~c_~~~~r~ ~<~~~~ Thank you for choosing Standard ~ Poor's and we look forward to ~%orking ~.~~ith you again. 5~ncerely yours, Standard ~ Poor's Katincs Services a Standard & Poor`s Financial Services LLC business d hp enclosures cc: Ms. Shawn Dralle, 'Vlanaginc Director R~3C Capital 'vtarkcts Regular Council Meeting -September 21, 2010 -Page 45-of 87 ~~1~3 ~~~ ~~~~~ _ :: _ St~nciard & Pt~e~rg~ f~atin~~ Ser~ri~~~ _. _ .: ~'~rm~ ~~c~ ~+ondifiions ~4~plic~ble T`c~ ~a~ings You understand and agree that: General. The ratings and other views of Standard &)Poor's Ratings Services ("Ratings Services") are statements of opinion and not statements of fact. A rating is not a recommendationto purchase; hold, or sell any securities nor does it comment on market price, marketability, investor preference or suitability of any security. While Ratings Services bases its ratings and other views on information provided by issuers and their agents and advisors, and other information from sources it believes to be reliable, Ratings Services does noC perform an audit, and undertal~es no duty of due diligence or independent verification, of any information it receives. Such information and Ratings Services' opinions should not be relied upon in making any investment decision. Ratings Services does not act as a "fiduciary" or an investment advisor. Ratings Services neither recommends or will rccomtnend how an issuer can or should achieve a particular rating outcome nor provides or will provide consulting, advisory, tinaneia or structuring advice. All Ralin~~ Actions in Ratin~~s Services' Sole Discretion. Ratings Services may assign, raise, lower, suspend, plae~ pn' CreditWatch, or withdraw a rating, and assign or revise an Outlook, at any time, in Ratings Services' sole discretion: Ratings Services may take any of the foregoing actions notwithstanding any request for a confidential rating or a withdrawal. of a rating, or termination of this Egreement. Ratings Services will not convert a public rating to a confidential rating; f'ublic~ation. Ratings Se~•~~ice ~ re;e~rves the right !+~ use, ptrbli7il, diss~.minate, <>s° license otf~ers to use, publish or dissc;miz~atc the rating provided l~ercagnder and any anaiyticsai rep,3rts, i;~c(~~~ling the rationale fear the r<~tirag, unless yoei sp~oificaily request in connectio~~e witi~ the; initial ratin~~ that the rbttin~~ t~ ussi~zncd and maintained on a confidential basis. If, however, a confidential ratin;~ ~~r the existence of :~ c~~nf~iential rating subsequently becomes public through discl~~4ui~e othez° than by an act iaf Ratings Services or its a['filiates, Ratings Services reserves the right to treat the rating as a public rating. .including, with~>ut limitation, publishing the rating and any related analytical reports. Any analytical reports published by ,Ratings Services are not issued by or on behalf of you or at ye~ur rec;nest. 14~otwithstanding anything to the contrary he~;in, Ratings Services reserves the right to use, publish, disseminate or License others to use. publish or dissi;minate analytical reports with respect to public ratings that have been withdrawn, regardless ~~f the reason for such withdrawal. Ratings Services may publish explanations of Ratings Servi~cs' ratings criteria f~~i>tn tinti; t{~ tir:~c and nothing in ibis Agreement shall be ionstnicd as limiting 'Ratings Services' ability to madify or rc~rae its ratings criteria <~t an~° time as Ratings Services deems approl~€-iatc. 'Information to be Provided bgF You. For so long as this agreement is in effect, in connection with the rating provided hereunder, you warrant that you will provide, or cause to he provided, as promptly as practicable, to Ratings Services (i) all information requested by Ratings Services in accordance with its published ratings criteria, and (ii) any other information relevant to the rating and, if applicable, surveillance of the rating, including, without limitation, information on material changes to information previously provided by you, your agents or advisors to Ratings Services, other than information you reasonably believe is not material to the rating or such surveillance. The rating, and the maintenance of the rating, may be affected by Ratings Services' opinion of the information received from you or your agents or advisors. You further warrant that all information provided to Ratings Services by you or your agents or advisors regarding the .rating or, if applicable, surveillance of the rating, contains no untrue statement of material fact and does not omit a material fact necessary in order to make such information, in light of the circumstances in which it was provided, not misleading. A material breach of the warranties in this paragraph shall constitute a material breach of this Agreement. To the extent permitted by applicable law, you will be liable to Rating Services and its affiliates for all losses, damages, liabilities, judgments, costs, charges and expenses (including reasonable attorneys' fees) ("Losses ") (x) resulting from a material breach of the warranties in this paragraph, including but not limited to all Losses arising from claims asserted by any third party against Ratings Services, or (y) that arise out of or relate to any claim thatthe ~~ G nCil Meeting -September 21, 2010 -Page 46 of 87 Ratings !, information provided by you or your agents or advisors infringes: or violates the intellectual property rights of a third party, except in either case, to the extent such Losses are judicially determined to result from gross negligence orwillful misconduct of Ratings Services. Confidential Information. For purposes of this Agreement, "Confidential Information" shall mean information that you ar your agents or advisors have provided to Ratings Services and, in a specific and particularized manner, have iiiarked or otherwise indicated in writing that such information is "Proprietary and Confidential." Notwithstanding the foregoing, information disclosed by you or your agents or advisors to Ratings Services shall not be deerned to be Confidential Information, and Ratings Services shall have no obligation to treat such information as Confidential Information, if such information (i) was known by Ratings Services or its affiliates at the time of such disclosure and was not known by Ratings Services to be subject to a prohibition on disclosure, (ii) was known to the public at the time of such disclosure, (iii) becomes known to the public (other than by an act of Ratings Services or its affiliates) subsequent to such disclosure, (iv) is disclosed to Ratings Services or its affiliates by a third party subsequent to such disclosure and Ratings Services reasonably believes that such third party's disclosure to Ratings Services or its affiliates was not prohibited, {v) is developed independently by Ratings Services or its affliatcs without reference to the Confidential Information, (vi) is approved in writing by you for public disclosure, or (vii) is required bylaw or regulation to be disclosed by Ratings Services or its affiliates or publicly disclosed by you . Ratings Services' Use of Information. Except as otherwise provided herein, Ratings Services shall' riot disclose Confidential .Information to third parties. Ratings Services may use Confidential Information to assign, raise, lower, suspend, place on CreditWatch, or withdraw a rating, and assign or revise an Outlook, and may share Confidential Information with its affiliates engaged in the ratings business, provided that, in each case, the Contidential Information is not presented publicly in a way that can be attributed to you and such affiliates are bound by appropriate confidentiality obligations. Ratings Services may also use, publish and share Confidential Information with any of its affiliates or agents engaged in the ratings or other financial services businesses who are bound by appropriate confidentiality obligations ("Relevant Affiliates and Agents"), for modelling, benehmarking and research purposes, provided that, in each case, Confidential Information is not presented publicly in a way that can be attributed to you. With respect to structured finance ratings not maintained on a confidential basis, Ratings Services may publish data aggregated from Confidential Information, excluding data that is specific to and identifies individual debtors ("Relevant Data"), and share such Confidential Information with any of ats Relevant Affiliates and Agents for general market dissemination of Relevant Data; you confirm that, to the best of your .knowledge, there are no third parties whose rights would be adversely affected by any such publication. Ratings Services and its affiliates reserve the right to use, publish, disseminate, or license others to use, publish or disseminate any non- Confidential Information provided by you, your agents or advisors. Rating=s Services Not an Exp~rt~ Underwriter or Seller under Securities Laws. Ratings Services has not consented to and will not consent to being named an "expert" or any similar designation under any applicable securities laws or other regulatory guidance, rules or recommendations, including without limitation, Section 7 of the U.S. Securities Act of 1933. Ratings Services is not an "underwriter" or "seller" as those terms are defined under applicable securities laws or other regulatory guidance, rules or recommendations, including without limitation Sections 11 and 12(a)(2) of the U.S. Securities Act of 1933. Rating Services has not performed the role or tasks associated with an "underwriter" or "seller" under the United States federal securities laws or other regulatory guidance, rules orrecommendations in ryonnection with this engagement. Office of Foreign Assets Control. Neither you. nor the issuer (if you are not the issuer) is subject to economic, trade, or transactional sanctions imposed by the United States Government or any state government. None of you, the issuer (if you are not the issuer), or any of your or the issuer's owners, directors, officers, employees, or group companies appears on any list of known or suspected terrorists, terrorist organizations or other prohibited persons maintained by any agency of the United States Government or of any other jurisdiction in which you or the issuer or any of your or the issuer's. group of companies arc doing business, including but not limited to the List of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury. Neither ybn nor the issuer (if you are not the issuer) is owned or controlled, directly or indirectly, by any entity subject to such sanctions or appearing on such lists. Far so long as this agreement is in effect, you will promptly notify Ratings Services if any of these circumstances change. ~tegu~ac Council Meeting -September 21, 2010 -Page 47 of 87 ~ Ratings Seri-ices' Use ~~ Confdcntial ~ati~~~~ f?.€tingsSer~rices>may use cart~idential rating~in its analysis o"the debt issued by collatcraliaed debt obligatit7n (CDO) and other i€rv~>st~ent e~ehicles. f~axings ~erviees nay disclose confidential rating ~~s a confidential credit estimate to the managers isf CI3O ~~n+~ sirrrilar t~nt~estment vchicIes. R3Tirt~^S Scr~.ces os~ay perralit CDO managers to use and disseminate crc-dit estia3ates or€ a limited Basis and subject t« vatic>~as rest.;icticjnt; h~n~eic~r, Ratings .Servaccs ca€tarfit cvnlrc~l any such t€se c}r clsscn~in<stioai. Entire A~reer~lenl. Nothia~g is this Agreen~~ alt shalt prevent Ratings Services from acting in accordance with applicable __ laws, regulatavns .ind R<rtings Sea-vi~:es' pc~li~;ies as published I rom time t~~ tune. Subject to tf:e prior sentence, this agreement constitutes the complete and. enttrc ~tgrccn~cnt between the parties regarding its subject malter_ "I'he terms of this Aareen~~nt supersede any ~fther terms and conditions rt.iE~ti~~g [~~ urf~~ranation hr~wided trr Katia~s?s Services by ycxa or ~;~our a~==eats.. and ad ~isors, includ:a~g withvt;i limitation, terms anci conditia?a~s cif wchsitcs-thr,~ugi~ l~~hich you ar your agents and,advisor&~ make such informati~?n available to Ratings Services, and sect} terans and conditions shall not apphr to Rasia~s Services. Limitation tin Damages. Ratings Seri-icesdoes not. and cannot gtaarantee the accurac}~> completeness, or timeliness of the information relied on in connection with ~~ rating or the restalts obtained from the use of such information. RATII~IGS SER~r'ICES GIVES NO EXPRESS OR IMPLIIID ~'vARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANI' WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Ratings Services, its affiliates or third party pr{widers, or any of their officers. directors, shareholders, employees or agents shall not 1~~~ liable to yc~u, your affiliates ~~r any person asscrtin~ claims on your behalf, directly «r indirect]}', for any ina~;c:uracies, ea-rors, or omissions, in each case regardless of cause, actions, damages fccaa~serlueettial, special, indirect, incidental, punitive, eompe-nsatory. exemplary or otherwise.), claims, liabilities, casts, exp~.a~ases, legal fees or li~sses (including, without limitation, lost income or last profits and opportunity costsi in aiiv way arising out of or relating to the rating pr~wided hereunder or the relatc;d analytic services even if advised of the- pE~ssibitity of such damages or «ther amounts except to ttte extent such damages or other amounts are judicially deteranined to result from gross negligence or wi3lful misc4~ndt~ct «f Ratings Ser~icc,s. In I~,~rtherance and not in limitation of the foregoing, Ratings Services will not be liable to you, your affiliates ~~r any person asserting claims ~~~~ yoar behalf in respect of any di;cisic~ns alleged to be made by arty person based on an}thing that may he perceived as ads is-e or rect~msncndations. In the eG~ent that Ratings Sergi-ices is nevertheless held liable to you, your affiliates, or any pers~~n asserting claims ~~n ycaur b.,half f~~r m~~n~tary damages under this Agreement, in no event shall Ratings Services he liable in an aggregate amount in excess of three tunes the aggregate fees paid to Ratinn~s Services for the rating giving rise tc~ the cause of action during the twelve-months preceding the date the alleged claim has arisen, up to a maximuan of LtSS1,C~0(3,OUE) except to the extent such iimitz~tion is tmenl-orceable by law. `The provisions nt~ this parabraph shat[ apply regardless of the form of action. dan<age, claim, liability, cost, expense, or loss, wheCl~er in contract, statute, tort (including, wilhotat Limitation, negligence), ar other~uase. Neither party waives any protections. privileges, or defenses ii may have under law, including but nest (inuteel [o, the First Amcndmea~t cif the Cc~nslihation of the United States of America. Termination of A~r~;ement. This Agreement may be terminated by either party at any time capon written n<atice to the other party. Except where expressly limited to the term cif this Agreerctent, these Te~rrns and Conditions shall survive the termination of this A~reerneait. ivy Tharti,-I~art~~ Bei~ttzcfarzs. Nothing in this Agreement, or the rating when issued, is intended or should be construed as creasing any° rights on behalf cif nay third parties, including, without li>nitatic~n, any recipient of the rating. No person is intended as a third gaa°ty° beneYiciary of this Agreement oar of the rating when issued. }~indinn h t(-~;t. "Ctiis Agrccme€1t shall be hi~zdingon, and inure to the benefit oF, the parties hereto end their successors ~~d assigns. 5everability. In the event that any turns ar pr~~~~is~;>n of this Agreement shall beheld to be invalid, void, csr uo3enfQrceable, then the remainder of this Agreement slants [24~s b~ affected, impaired; or invalidated, and each.. such reran and ~irovision shall be valid and enfi,rceable to the fullest extent permlCted by law. Amendments. This ~,greetncnt may notEbe amended except in a writing signed by authorized rcprescntati~~es ofbath parti'~s= Rating, t ~. i5r"?i~'lfl) Regular Council Meeting -September 21, 2010 -Page 48 of 87 Governing Law. This Agreement ar~tl the rating. letter shall be governed by-the internal lavers ~~ the State vii Nc'«' ~J~~rk. Thy parties irre~~r~c•at?(}` agree that the state and federal ccx,rt5 «t' New York located in the ~E~ad~t~~ of New York shall be the excl~asiG•e €aa~zms for air}~ dispute, a3-ising c)t~t of c~c ~~elatin~~ t~.~ this A~rc~.rnentand-the parties hereby cc>nscn[ to the persc~r~ai juris~ii~tizm of such courts. Ratings UPS {5!? t/~Oa egufar until Meeting- September 21,.2010 -..Page 49 of 87 ~ ~~ Primary Credit Analyst: Matthew Reining, San Francisco{1) 415-371-5044; matthew,_reining~standardandpoors.com Secondary Credit Analyst: Alda A Mostofi, San Francisco ~1) 415371-5061; alda_mostofiQstandardandpoors.com Rationale - Outlook Related Criteria And Research Regular Council Meeting - Sept&~iarR~cFr~~~g~~5~r~fCQitt/r3ti13gSt~dfECt t r~ 1`13 4 Y ~ -~ ~ -~ _ ~ ~ _ ~ -~ m U:i~ i .0 rill ~illvi1d~ Se(cu' i u due Oi j i 5i~u.i3 Long Term Rating BBB/Stable New ~~1f~ Sta~~.dard & I'oor's Ratings Serviies assigned its '~FI~` rating to Ghidden Farms Ev.On~YltiunBLy Facilities District, 1riz.''s series 2410 general oblig~~tiou f,Gl~) bonds. The rating reflects rlxe district's: • Small, somewhat concentrated tax base, combined with recent declines in the district's assessed value (AV); vloderate stage of development, with 85% of infrastructure in place, 59% of homes completed, and no commercial development completed; and • Above-average net overall debt level. These weaknesses are mitigated by the district's: [Jnlimited ad c•al~~r€zn property tax security, grid • Participation i€~ the large and diverse Tucson MSA. An unlimited .~d valorem tax levied on all taxable property within the district secu~~es the bends. Madden Farms C.OI117ttUn1tV f~xtcilities District is especial-purpose, tax-levying public imlarovement dstrict that is lose ated in, but is separ~rie from, the pity of 'v~Sarana. Farmed in 2004, the 71')0-acre district is located 23 miles northtivest of dotvntawt~ Tucson in the City of Marar<a. The district was est<~hlished in 2044 to provide a vehicle to finance the public inff°astructure needed far the development of district land. based on current devel~~pment plans, the district will be primarily residential (h2°~i~ of acreage), with same parks and open space (29%) and commercial uses (6"0,. The maximum number of residentiaal ur~ies ;~llo~.~-cd is 1,854. f-lowev~r, single-f,~n~il~ residential units built tt: date totr-a 1,063, or 59`i'~> of the master developer-projected total of 1,796. `l'he sic~gle-Family homes ins tidz_ 3S6 rezttal prs~perties. There are also plans for an additional 362,000 square feet of comtz~erciGzl space. District m~anagcment said that appcaxina=ztely $5°~ of the district's planned infrastructure -- roads, eater, and s~;~~er -- is campletc. Due to recent development, the district's secondary s=l~' h;as grown by a 156" average a~7r~ua1 rate in the three ye.,rs through fiscal 2i}i)9 to ~2~€.6 million. However, because oY the real estate downturn, AV dropped by 9.3~~, in fiscal 2014 and by 7.1°,~b in fiscal 2,177 1. b.as~d on preliminary tax rolls, fiscal 2t?ll secondary AV totals 520.7 million. Net full cash values pe~?~eca at X234 anillion in fiscal 20U9 and decline~I to a preliminary value of $2171million in fiscal 2011. Seventy-three percent of fiscal 2010 secondary AV came from owner-occupieel residential property, with. 10.2°% from rental-occupied residential property. Tax collections have been strong, totaling ~g°io as of fiscal 2010 (,June 30} and 99",~ for fiscal 20709 (lute :7171. SRat~~~i-~ "P`~ Meets"'~ ~~~~t~"t~iFec~'or°~ie ~~~~ai7(°~et~it Portal [ Aug~,st 2©. 7.0^~ 2 Summary: Gladden- Farms. Community Facilities District, Arizona; General Obligation Tl~e district's tax hose is modz~rately conr':~ntrated,, #-Ir?~~•ever, the l trgest taxl?a1-er, master developer {,ladcl~n Farms LLC (controEled Pay paresr Cats F,nterpri~r~; Irv., B~ ~'~€;~ati~e}, has declined zs a pro~.~3rti~jn «f the re[ati~"r tax base iu ~~~ recent years. Iz~ fisc;~l 2010, the top 10 tc~xl?ayers n~:z~l~ ~~i>~I ~S,"7`;;~_ ~~f total s~~ ~~ac{ary~ r'~~'_ ~al<~ci~~~n Farms L,LC is . ...~..~~ 7:1 ~%o at CRP total. dint' t)f: C~"!e retnalnlSYg 111tIC iar~tit taxpa~'ers £Ilake ltl) iTla)t'e. Chan 1.6`.%u Ot the taX base. The district's polic}~ and tcrcetat history i~~s to levy ar 52..>0 per $100 of AV t;~ support these hot:ds. hhe di>trict`s es~endstz:res, under this ( s~y, ;arc factzsed on debt st _ ~ ice reacted to capita) ~~nd infrastrt~ctiare ira~zproverz~c°nts, This letiy inil:;t.lt•s a 5°;, over-(ev~~ ;car c3e(intlC~=~rrt:it°s. "I'l~e disra-ict had $~ ,ti:)~i in fund balances (hEld as cash} iai fiscal 2009, egtiivalec~t to 12~~~n of maxirz?ta~xa aaxnual ileh"t servicL ;~"1AL1Sj. "I`l~e district reports fends for capit~~l and debt set~>icL k~~arposes oFa the City of ~-f~tr_ira,x's ~a~,~l~t tzs a .~os~rnajar debt service fund. District ~nan~a,eutcnt has ir~dicate~l that the city e:avcrs aitr~t~st ~tll rnuB~icipa't operating sere"ices" Howes e-, tlae district also levies $0.30 per ~1C?+J f~f ;~~~' for tt~aintenanee and operati~~ns, tit'l~ich is n«t pledged to the bonds but rather far parks and ia~~d,caping. Including ovcarl tpping ta_cing entities, the €b~;.r,,.a;ll, conl't>inc:u' (primary- and secondary'} tax. rate ff~r the district is $16.03~t; pet $100 of _4L'~ w-hicl~s ~~ believe is above average_ for Arizc~tra. Under a standby contribution agreement, Gladden. Farms LLC has agreed. to make up the difference between the debt service on the bonds and the $2.50 per $100 of AV tax levied. Additionally,. under a depository agreement, the developer will have deposited $532,000 (equivalent to 75% of MADS) at bond closing to he used only for debt service. This is held by the depository, which is also the trustee. By July 15 of each year, the trustee must inform the district of the amount held in the depository account, which the district can take into account in setting its tax rate in August for the upcoming year. By this sequential process, the payment of debt service is not dependent on the standby payment of the developer. The standby contribution. agreement and the depository agreement will terminate if, for three consecutive years, a tax rate of $2.50 per $100 of secondary. AV is' sufficient to pay MADS. Net overall debt, including overlapping debt, is above average, at S.7°fo~rof market value (based on fiscal 2011 preliminary full cash value) and $4,684 per capita in fiscal 2010 (with an estimated population of 2,445 assuming the management-estimated 2.3 inhabitants per completed home). Direct debt is 4.4% of market value (based on fiscal 2011 preliminary full cash value) and $3,608 per capita in fiscal 2010. Twenty-nine percent of principal is scheduled to be retired within 10 years, and 79% within 20 years. The series 2010 bonds are the fourth series of GO debt Erom a May 2004 authorization, and the district has $59 million in authorization outstanding after this issuance. Management stated that, based on a city agreement with the master developer, only up to $23 million of this remaining authorization will be issued. Management said. that further issuance depends on the status of housing development and-AV. The City of Marana (population 34,400} is located'in northern Pima County, just northwest of Tucson. In our view, Marana's median household effective buying income (EBI) is strong at 131 °o of the nation, and its per capita EBI is whaCwe consider a good 115% of the nation. ttt~~~~. The stable outlook reflects a moderately developed district with continued development and some recent AV declines. The outlook also reflects that the district's debt issuance will he, as management stated, based on further development in the district's tax base and infrastructure. If the district's recent trend of significant tax base diversification and development continues, we could raise the rating, ~~iiNW.aSrtB#~t~8~tl8eff€°S.C~Etfllyd~ g~'tl~~~Ct Page 52 of 87 3 ~75n2t~a~~?65nxu. Srtrrdtnary: G~act~en Farms_C©mmt~nzty Facilities District, Arizona; General Obligation ~'~.~~*~~ ~"tom ~ ~ LiSPP Criteria:1~Iethc~~ia>lc~g~~ •~ajd ltisuanptic~sis: R<ataaag t?3iianited I'rcr[~ert:~ Iz~x ~a~ic Infrastnactur°i I~}istricts, :March I7, 2U0`) Got~rlslete ratings infa~rrnation is =3~~ail~,bie to RatirtgsI)irect subscribers on the Glc~baf C~;redit Pt~rtai at www7globalcreditpartal.cr>m and R.atingsL`airecc subscribers at ~i~~i-w~,ratingsdirect.c«m~ r~1i ratings <aifected by this rating action can be f<~und on Standard & Por~r's public ~~eb site at wwsta~dardandpcaors.a~ni. Llse file Ratings. search box Located in the ieft c~olurttn. ~e uar Co n Me~tin S to er21,20 5 f'8. Jta~i~arci ~ ~~x>r s ~ tia~'ngs~~rect Qn ~~ie ~~~iat~~'re~~t Portal ~ August 2g, ~~' fi 4 ~t~a a ~i ~ ~~- Copyright (c) 2010 by Standard & Poor s Financial Services LLC IS&Pl, a subsidiary of The McGraw-Hill Companies, Inc. All rights reserved No content (including ratings, credit related analyses and data, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any farm by any means, or stored in a database or retrieval system, without the prior written permission of S&P. The Content shall not be used for any unlawful or unauthorized purposes. S&P, itsaffiliates, and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively S&P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content 5&r Parties are not responsible for any errors or omissions; regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. The Content is provided on an "as is" basis. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, RUT NOT LltvIfTED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FflOM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE CONTENT'S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the Content even if advised of the possibility of such damages. Credit related analyses, including ratings, and statements in the Content are statements of opinion as of the date they are expressed and not statements of factor recommendations to purchase, hold, or sell any securities or to make any investment decisions. S&P assumes no obligation to update the Content following publication in any form or format. The Content should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and/or clients when making investment and other business decisions. S&P's opinions and analyses do not address tfte suitability of any security. S&P does not act as a fiduciary or an investment advisor. While S&P has obtained information from sources it believes to be reliable, S&P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. S&P keeps certain activities of rts business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. 5&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process. S&P may receive compensation for its ratings and certain credit-related analyses, normally from issuers or underwriters of securities or from obligors. 5&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, vvvvwstandardandpoors-com (free of charge), and vvvvw.ratingsdirect.comand www.globalcreditportalcom (subscription), and may be distributed through other means, including via S&P publications and third-party redistributors Additional information about our ratings fees is available at vvvvw.standardandpoors.com/usratingsfees. Regular Council Me ling - Septe bel 21, 2010 -Page 54 of 87 wwwstandarda~ta~~ta~as.~c~am~attngsdtrect J ABC 11 `I ~1~~. &~ao~~ September 1, 201{} Town of M~~rana 11555 West Civic Center Drive, Bldg A3 Marano, ~'~7 85b53 dne Market Steuart Tower;l5ih Hoar Sea Francisco, CA 94105-i@00 tel 41 ~ 37f -5000 reference nc.: ''~024a ~.ttention: Mr. Erik l~Iontague, CP.~, Finance Director Re: L~`S$2,105,000 Gladden Farms C"omm~unity F`~cali~ies I~istiYict, Arizo>~r~, Geraerc~l (~I~ligtttion Bonds, Series 200, dated: Dine of L)elii~ery, due; July 75, 2021 dIS.~ 3,~?50,000 Gladdest f arms Community Facilities llistrzct, ~r%,orta, General obligation Borau~~, Series 2006, dated: Date of Deliver~~, dtae: July IS, 2031 US$3,075,000 Gladden Farms Cotttrrtunity Facilities 1?istrict, ~~iri~orta, General OUligatio~t Bonds, Series 2007, dated: Date af'Deliver_y, due: ,~r~ly I5, 2032 Dear Mr. Montague: Yursuaut to your request for a Standard & I'oor's rating on the move-re erenced obligations, we have reviewed tt~e information submitted to us and, subject to the enclos~;d 1 errns czn-d Co~aditians, have assigned a rating ~~f "BBB", Standard ~: Poor's views the outlook for this rating as stable. A copy of the rationale supporting the rating is enclosed. The rating is not investment, financial, or other advice and you should not and c~lnot rely upon the rating as such. The rating is based on information supplied to us by you or by your agents bt-t does not represent an audit. We undertake no duty of due diligence or independent verification c7f any information. The assignment of a rating does not create a fiduciary relationship between us and you or between us and other recipients of the rt~ting. We have not consented to and will not consent to being named an "expert" under the applicable securities laws, including without limitation, Section 7 of the Securities Act of 1933. Therating is not a "market rating" nor is it a reco~i~mendation to buy, gold, or sell the obligations. 'I-his letter constitutes Standard 8r. Poor°s permission to you to disseminate the above-assigned rating to interested parties, Star~_dard cR~ Poor's reserves the right to inform i.ts oven clients, subscribers, and the public of the rating. Stanr3zard & Poor's relies an the issuerlobligor and its counsel, accountants, and other experts for the acctaracy and completeness of the information submitted in connection with the rating. This rating is based on tinartcial information and documents we received prior to the issuance of this letter. Standard & Poor's assumt/s that the documents you h~rve provided to us are tinaL If any Regular'Council Meeting -September 21, 2010 -Page 55 of 87 Mr. ; .:~ Vlontagne, CPr~ Page S~ latc:mber T, 2{1'4 sub>eyuent chanties were made in the tina~ documents, you must notify u~ of such changes by sending us the revised final docuittepts with the chanties clearly marked. To maintain the rating, Standard ~ Potar's must receive all relevant financial information as soon as sucYt information is available. F~lacin~ a an a distribution list tt>r this information t~•ould facilitate the process. Y`ou must 1?rornptly notify us cif all material. chattgUs in the financial itrforznatioa~ and tlte. documents. Standard ~~ Poar's rt~ay eltat~ge, suspend, withdraw, or price o C°redit~'atch tl~e rating as a result of chatages in, or urtavail~tbility of, such information. Standard. 4~ F'~~or's reserves the right to request a~lciitional infuz-mation it` necUssary to maintain the rating. Please send all information to: Standard ~c Poor's Ratites Services ~`uhlic Finance Department 55 Water Street Near York, NY 100 1-x€)03 Standard ~ Poor's is pleased to be of sere=ice to you. 'F«r more information on Standard & Poor's, please visit our website at ~ ~ ' ~r~~ ~p ~~.~~ s ~ ~r~. Tf we~ can be of help in any other way, please call or contact us at s ~ . ~ ~... ~~= t ~~~~r x E ~l ,- ~ ~r~ 'T'hank you for choosing Standa~°cl K Poor's and we lv~h lurwurd ~c~ ~~~~r~in ~~itlt y~uu again. Sincerely yours, Standard & Pcx~r's Rating:; Services a Standard ~ Poor's Financial Services LLB' business ~ ; ~~~, ~~ ~ ~ hp enclosures cc: pls. Shawn Drape, i~~anaging Dire-ctor 1~13~ ~'apitat Markets RegularCouncit Meeting -September 21, 2010 -Page 56 of 87 T~DARL} 8tP Standard & Poor'S Ratings Services Terrl~s arl~d Conditions Applicable To 'Ratings You understand and agree that. CT~ncral. Tfl~ ratings and other views of Standard ~ Pour's ltati«<~s 4ervices {"Ratings Services"}arc statements of opinion and_nc~t statements of fact. A ratinv is nut a recornine.ndation to p~lrcht~se, h~71d, or sell any securities nor does it comment on market pricer rt~arketability, investor preference or suitability of any stettrity. y'irhile Ratia~>> Serviceshases itsxatingsand gther views oil information provided by issuers and th~.ir agents and <~dviso~s, and other informatio^ frarn sotlece~; it believes to be reliable, Ratings Services does not perfo m an audit, and undertakes no duty of due dilit~en~:e dr independent verification, of any infornation it receives. Such infarsnation and. Ratings Services' opinions should not be relied upon in making any investment decision. Ratings Services d~:>es not act as a 'fiduciary" or an in~,~istment ~.ivisar. Ratings Scr~.~iccs neither rccon~mends or wilt rea~mmend how an issuer can ar should achieve a particular rating vutc;ome r~or provides or will provide cansultin" advisory, financial or structuring advice,. All Rati~t~f Actions in Ratings Servi~cs' Sv_le Diseruti~~7i. Rati~.~s Services may assign, raise, lower, suspend, place on Credit~yTatch, or withdraw a rating, and assign or revise. an Outicx3k, at any time, lit Ratings Services' solo discretion. Katings Services may take any oi° the faregoin~- actions notwithstandin~~ any redue-st fcx• a confidential rating or a withdraural of a rating, or termination of this Agreement. R.atitrgs Services will not convert a public rating to a confidentit~l t-atir~~. Publication. F~atngs Services reserves the right to use, publish, disseza~ioate, or license others to use, publish or d(ssemitiato the rating provided hereunder and any analytical reports, including the rationale for the rating, unless you specitical~~y' regacst in connection with the initial rating that the rating be assigned and maintained un a confidential basis. If, however, ~, confidential rating or the existence cif a confidential rating subseclue,ntly hecotnes public through disclosure other thata by an act of Ratings Ser~~ices or its affiliates. Ratings Services rese--rues the right to treat the rating as a public rating, including, without limitation, publishing the rating and any related analytical reports. Any analytical reports pui~lish~-i by° Ratings Services are not issued by or on behalf of you or at your re~ucst. ivrc~tsvithvtanding anything to the contrary herein, Ratings ,Service-s r: erves the €ight to use, publish, dissemir~~~tn. ~>r lic~ncc ctth~_rs tc~ use, publish or diss~mina;e analytical repc}rte: w°ith respect to public ratings that have been withdrawn, regaa~dless c?f the rzason for such withdrawal. Ratings Services may publish explanations of Kalings Services' ratin~~s criteria li"~~n~ time to time and nothing in this Agreement shall be construed as limiting Ratings Services' ahilit}~ to rnodify or refine its ratings riteria at any tinke as Ratings Services deems appropriate. Infp,rmatic~r~ to E~erPrgvi~ed b~~'«~. >`•or so lon~as this agreement is in effect, in connection with the rating provided hereunder, you warrant that you c~,~ili provide, or cause to be provided, as promptly as practicable, to Ratings Services (i~ all information requested by Ratings Services in accordance with its puhlishLd r4ttings criteria, and (ii} any other information relevant to the rating gad. if applicable, sot°veillance of the rating, including, without limitation. information on material chan~~es to information pre~=ious[y provided by you, your agents or advisors to Ratings Sen~ices, other than inforrnadc~n y°ou reasonably believe is not material t« the rating or sut;h sut~.eillaa~we. The rating, and. the maintenance of the- rating, may be affected by Ratings Services' upioic>n ol'the information received from you or your agents or advisers. ~'ou further warrant that all information provided to [ratings Seri°ices ley }~E~u or Y'r~ur a~e,nts or advisors regarding the ratin~* o~-, if` applicable, surveillance of the rating, contains nip untrue statement of material fact and does not omit a material fact necessary in order to make such information, in light of the circumstances in «~hich it was provided, not misleading. A material breach of the warranties in this paragraph shall constitute ~r material breach of this Agreement. To the extent permitted ley applicable law, you will be liable to Rating Services and its affiliates for all losses, dama~~es, tiabilitics, judgments, costs, charges and expenses {including reasonable attorneys' fees} {` Losses") (x} resulting frolll a materiaE breach of the warr~cnties in this paragraph, including but not li~~~ited to all Losses arising from claims asserted'by~ any third party against Rati~~~s Services, or ~y) that arise gut of or relate- to any claim that the information provided by-you Raiiag, L~~~S~t~ncil Meeting -September 21, 2010.- Page 57 of 87 or your agents or advisors infringes or violates the intellectual property rights of a third party, except in either case, to the extent such Losses arc judicially determined to result from gross negligence or willful misconduct of Ratings Services. Confidential Information. For purposes ofthis Agreement, "Confidential Information" shall mean information that you or your agents or advisors have provided to Ratings Services and, in a specific and particularized manner, have marked or otherwise indicated in writing that such information is "Proprietary and Confidentiah" Notwithstanding the foregoing, information disclosed by you or your agents or advisors to Ratings Services shalLnotbc deemed to be Confidential Information, and Ratings Services shall have no obligation to treat such,information as Confidential Information, if such information (i) was known by Ratings Services or its affiliates at the time of such disclosure and was notlenown by Ratings Services to be subject to a prohibition on disclosure, (ii) was known to ,the public at the time of such disclosure,. (iii) becomes known to the public (other than by an act of Ratings Services or itc affiliates) subsequent to such disclosure, (iv) is disclosed to Ratings Scrviccs or its affiliates by a third party subsequent to such disclosure and Ratings Services reasonably believes that such third party's disclosure to Ratings Services or its_ affiliates was not prohibited, (v s developed independently.by Ratings Services or its afliliates withoutreference to the Confidential Information, (vi) is approved in writing by you for public disclosure, or (vii) is required by law or reghlation to be disclosed by Ratings Services or its affiliates or publicly disclosed by you . Ratin~~s Services' Use of Information. Except as otherwise provided herein, Ratings Services shall not disclose Confidential Information to third parttes. Ratings Services may use Confidential Information to assign, raise, lower, suspend, place on CreditWatch, or withdraw a rating, and assign or revise an Outlook, and may share<CottfZdential Information with its affiliates engaged in the ratings business, provided that, in each case, the Confidential Information is not presented publicly in a way that can be attributed to you and such affiliates arc bound by appropriate confidentiality obligations.Ratings Services may also use, publish and share Confidential Information with any of its affiliates or agents engaged in the ratings or other financial services businesses who are bound by appropriate confidentiality obligations ("Relevant Affiliates and Agents"), for modelling, benchmarking and research purposes, provided that, in each case, Confidential Information is not presented publicly in a way that can be attributed to you. With respect to structured finance ratings not maintained on a confidential basis, Ratings Services may publish data aggregated from Confidential Information, excluding data that is specific to and identities individual debtors ("Relevant Data"), and share such Confidential Information with any of its Relevant Affiliates and Agents for general market dissemination of Relevant Data; you confirm that, to the best of your knowledge, there are no third parties whose rights would be adversely affected by any such publication. Ratings Services and its affiliates reserve the right to use, publish, disseminate, or license others to use, publish or disseminate any non- , .Confidential Information provided by you, your agents or advisors. Ratings Scrviccs Not an Ex~~rtm Underwriter or Seller under Securities Laws. Ratings Scrviccs hasnot consented to and will not consent to being named an `expert" or any similar designation under any applicable securities laws or other regulatory guidance, rules or recommendations, including without limitation, Section 7 of the U.S. Securities Act of 1933. Ratings Services is not an "underwriter" or "seller" as those terms are defined under applicable securities laws or other regulatory guidance, rules or recommendations, including without limitation Sections 11 and 12(a)(2) of the U.S. Securities Act of 1933- Rating Services has not performed the role or tasks associated with an "underwriter" or "seller" under the United States federal securities taws or other regulatory guidance, rules or recommendations in connection with this engagement. Office of Foreign Assets Control. Neither you nor the issuer (if you are not the issuer) is subject to economic, trade, or transactional sanctions imposed by the United States Government or any state government. None of you, the issuer (if you arc not the issuer), or any of your or the issuer's owners, directors, officers, employees, or group companies appears on any list of known or suspected terrorists, terrorist organizations or other prohibited persons maintained by any agency of the United States Government or of any other jurisdiction in which you or the issuer or any of your or the issuer's group of companies are doing business, including but not limited t© the List of Specially Designated Nationals and .Blocked Persons maintained by the Office of Foreign AssetsControl of the U.S. Department of the Treasury. Neither you nor the issuer (if you are not the issuer) is owned or controlled, directly or indirectly, by any entity subject to such sanctions or appearing on such lists. For so long as this agreement is in effect, you will promptly notify Ratings Services if any of these circumstances change. Rarin~s Servic;cs' LTsc of C~nfide_n,tat K~t~n~Ws- Ratings Services may use confidential ratings it its analysis of the clcht issued ~y collateralized debt obligation (CDCTT anti other investrnettE vehicles. Ratings Se~rvi~~es may disclose a Ratings t1.S. t5f21! 0) Regular ouncil Meeting.- Septernber 21, 2010 -Page 58 of 87 confidential rating as a confidential crc;dit estimate to the managers of CDC) and similar invstrnent vehicles. Ratings' Services tray permit CDt? managers t~} use: and dissemi~iate creditestrrtates on a limited b,zsis aatd subject to various. restrictictts; however, Ratings Services cannot control any such use or dissemination. Entire Agreement. Nothing in this Agreement shall prevent Ratings S~ervicesfrom acting in accordance with applicable laws, regulations and Ratings Services' policies aspublished fromtime to tune. Subject to the. prior sentence, this .Agreement constitutes the complete and entire agreement between the parties regarding its subject matter. The terms of this Agreement supersede any other terms and conditions relating to information provided to Ratings Services by you or ~our'agents and advisors, including without limitation, terms and conditions of websites through which you or your agents and advisors makeauch information available to Ratings Services, and such terms and conditions shall not apply to Ratings Services. Limitation an Dania~c5. Ratings Services does not and cannot guarantee th=~ aceiiracy, completeness, or tirn~:littess cif' the information relied an in L~}nnuction with a rati[ig flr ttto results ~rbtained fr4~rn the use of such inf~~zzrtatiQn. RATI\iOS SER~'ICIS C,I~~I?S NO I~XPRI~SS f)R Ii'~~IPLIE.I} WARR,4N~"IFS. Ii~dC'I.I;DING, LOUT NOT I,IMTi'EI} TO, ANY WARRANTIES Oh ~~EKCHANTABILITY OR FITNESS FOR A PARTICCJLAR E~TIRPC)SE' CJK LaSF. Rati~~gs Services, its affiliates or third party hroviclers, or any of their officers, directors, sharehi~iders, employees or agents shalk: not be liable to you, your affiliates ur airy person assenting claims on your behalf, directly or indircctIy, for any inaccuracies, errors, or omissions, in each case regardless of cause, actions, dan~a~es ("consec}uential, special, indirect; incidental, punitive,, compensatory, exemplary or otherwise), claims, liabilities. costs, expenses, legal fees or losses {including, without limitation, lost income or lust profits and opportunity costs) in any tivay arising out of or relating to the rating grow°ided hereundt~r or the related ai~alytie services even if advised of the possibility of such dantage~5 or other amt?unts except to the extent such damages or other amounts are judicially= determined to result from press negligence or willful misconduct of Ratings Services. In further once and not in lirrtitation oC the foregoing, Ratings .Services will not he liable t~~ you, your affiliates or any person asserting claims on your behalf in respect rte any decisions alleged to be made by any person based iu1 anything drat may be perceived as advice or recommendations. In the event that Ratin~~s Services is nevertheless held liable. tr? y°~zu, your affiliates, or any- person asserting_ claims on y«ur bei~a:f for monetary damages under this Agreement, in nc~ event shall Ratings Services be liahlc. in an aggregate amount in excess of three times the aggregate fees paid to Ratings Services for the rating giving rise to tl~e cause. of action during the twe;Ive-months precedir;g the date the alleged claim has arisen, up to a maximum of US$1,OE10,(x)t) except to the extent such limitation is unenfurceable by law. The provisions of this paragraph shall apply regardless of the form of action, damage, claim,. liability, cost, expense, or loss, whether in contract, statute, tort. ~ineludin~. without limitation. negligence}, or otherwise. Neither party waives any pratectif~ns, privi6eges, cr d€;I'cnscs it tztay hay°e under law, inchtdinb but nut limited to, the. First. Amendment of the Constitution of the Clnited States of America. Termination of A~meltt_ This Agreement may be terminated by either party at any tune upon written notice Co the ether harry. Except where expressly limited to the term of this Agreement, those Terms and Conditions sfial3 survive. the termination of this Agreement. No Third-Part ~ B~enel~iciaries. Nothing in this Agreement, or the rating when issued, is intended or should be construed as creating any rights on behalf of any third parties, including, without limitation, any recipient of the rating. No person is intended as a third party beneficiary of this Agreement or of the rating when issued. Binding Effect. This Agreement shall be binding on, and inure to thebenefit of, the parties hereto and their successors and assigns.. Severabiliky. L~ the event that any term or provision of this Agreement shall be held to be invalid, void, or unenforceable, there the remainder of this Agreement shall not be affected, impaired, or invalidated,. and each such term and provision shall he valid and enforceable to the fullest extent permitted by law. Amendments. This Agreement may not be amended excepk in a writing signed by authorized representatives of both parties. Gavcrnin, Law. This Agreement and the rating letter shall be governed by the interna? laws of the State of Nes~~ York... The parties irrevocably agreU that Cite statzand fed;ral cr.~urts of low` York located in the County of New Y"ork shall be Radt~gs tRegu{ariCouncil Meeting -September 21, 2010-Page. 59 of 87 the eYChasive forums for any dispute arisin<~, cut c~#' or rcfatiztg to this Agreert~er~t ar-d the parties hereb}~ ct~nsent to the personal jurisdiction of such courts.... Rating ~~ufSr~ ~~~ncil Meeting -September 21, 2010 -Page 60 of 87 "~I~T ~~~ ST One Market Steuart Tawer, 15th F3aor S i l a San Franeis~a, CA ~9t0§-t00d QQ ((~~((~~ ~ feE4153Tt-SC~t~J ~~ U[~\:./V~ +J reference r~n,_ ~v'3u8Y313 September' ~, ~~1~} Town. of Marana l 1 X55 West Civic Center Drive, Bldg A3 Marana, AZ 5565 Attention: Mr. Erik i~Iontague~, CPA, Finance Director Re; GCaddeta Fartx~s ~'c~trxnutYZity Facilities District, Ari~.r~na, Gerxera!l Obligation I~c~a.ct~~ fiJear Mr. Ntontague: Standard ~ Pool's has reFriewed the rating an the above,-referenced obligations. After such review, Eve had,e affirmed the "13113" ratintr and stable outlook. ~_ copy of the rationale supporting: the rating and outlook is enclosed. "The rating is not investment, financial, or other advice and you ~;hould not and cannot rely upan thz rating as such. The rating is based on information supplzed to us by you or by your agents but does not r~a~aesent an audit. titre undertake no duty of due diligence or independent verification aP any inforr~iation. The. assignment of a rating does not create a Fiduciary relationship between us and you or between us and other recipients of the rating. We have neat consented to and will not consent to being natrred an `expert" under the applicable securities laws, including without limitation, Section 7 cif the Securities Act of 193. The rating is not a "markz;t rating" nor is it a recot~~mendation to buy, hold, or sell the obligations. This letter constitutes Stancl~•d ~ poor's permission to you to disstrmin~at~ the above-assigned rating to interested parties. Standard & Poor's reserves the right to inforrx~ its sawn c;Iients, subscribers, and the public of the rating. Standard ~. Poor's relies on the issuerlobligor and its counsel, accountants, and other experts for the accurac~~r and completeness of the information submitted in conn~:tion w=ith the rating. To maintain the rating, Standard &)?oar's must receive all relevant financial information as soon as such information is available. Placing us on a distribution list fc~r this information «~ould facilitate the proc:c ss. ~'ou must promptly notify us of- all material cl~G~nge in the financial inf:ortnation and the docur~~ents. Standard & Poor's ma~~° ch~~nge, suspend, wil~hdraw, or place on CreditWatch the rating as a result of chances in, or unav°ailabil_ity of, su%h inforrrration. Standard & Poor's reserves t}~e right to request additional information if necessary to maintain the rating. Regular Council Meeting =.September 21, 2010 -Page 61 of 87 Mr. EriJ~ h~'fontague, CY. X18 S~~ptcr~al~,~r t, 2Q10 Pease send all inforir3ation to: Stanciarti ~~ Poor's Ratings S~t~~iccs PuE~lic Finance Ucp<~rtn~ent ~?~ ~~'~ter Strect ~~e~~~ York. NY LO~j~I-~}~~it}~i i~` you t~a~e ;t~~y ~Itrestivns, or iTwe ca~~ Ise o~ kelp in any G~tl~e~~ ~~<ay, please feel free tc~ ca11 tr contact t1S dt I"~~~i~~'~IICi~iti<tr,?tom{~,~ ~~Fil~a ~i~4E3i2~~ ~ §9~~;.~ ?:I~.. ~t~I' T1l`:?I~~ in~OTII1~Atli~n C~Il ~~~£li]C~al"tl t4L Poor`s, please ~,7isit our ~~ek~sitc at ~~~~.. ,~ . -~ ~~.>r~~. We appreciate the, opporiunity to ~~ork with you an~i i~=c l~~c~k f~~rt~.=ark t~o u~~orkin~ ~~•°ith you main. Sincerely yours, Standa~•~ & I'oor's ~atin~s Ser~~ices a St~lnciard & Foor`s Financial Services LLC htlsin~ss ~~ ~_~ tip .enclosure Regular Council Meeting -September 21, 2010 -Page 62 of 87 Srpt~_ ri!_f 1,~0'~ s Primary Credit Analyst: Matthew Reining, San Francisco (1) 415-371-5044; matthew_reiningQstandardandpoors.com Secondary Credit Analyst: AldatA~ Mostofi; San Francisco 11) 415-371-5061; alda_mostofi~standardandpoors.com ~aLtOllale ~Lttl©t>~ Related Criteria And Research Regular Counri~ Meeting septer~K~4u11~~~ar°d$~°P"'~ratingsdirect, 1 ~~~~~~~e ~~ ~ x ~~ ~. USvi3-25 m!I GQ bnds ssr 2006 due U1 ~~,°1C~I Lonq berm Fiatirtg BBB/stable New U5$3.075 mil GO bnds ser 2007 due 07/15/202 Lonq Term Rating E;BB/Stable New US$2.105 mil GO bnds ser 2004 die 07/15,x'029 long Term Rating BBBIStapie New .~`1~, Standard &. Poor's Ratings Services assigned its 'BBB' rating to Gladden Farms Community Facilities District, Ariz.'s series 2004, series 2006, and series 2007 general obligation (GO) bonds. Standard & Poor's also affirmed the 'BBB' rating on the district's series 2010 GO bonds. The rating reflects what we consider to be the district's: • Small, somewhat concentrated tax base, combined with recent declines in the district's assessed value (AV); • Moderate stage of development, with 85% of infrastructure in place, 59% of homes completed, and no commercial development completed; and • Above-average net overall debt level These weaknesses are mitigated, in our view, by the district's: • UnEimited ad valorem property tax security and • Patticipatian in the large and diverse Ttdcsan ~°letropolitan Statistical Area. An unlirnitcd ad valorerrt tax levied nn all taxable property within the district secures the bonds. Gladden Farms Community Facilities District is aspecial-purpose, tax-levying pt.iblic improvement district that is located in, but is separate front, the city of l~farana. Formed in 2004, the 700-acre district is located 23 miles northwest of downtotivn Tucson.. The district was established in 2004 to provide a vehicle to finance the public infrastructure needed for the deve(op~netx cif district land. Based on current development plans, the district will Lae primarily residentiai (62°~ of acreage), with some parks and open space (29°io), and commercial uses {6°l°). The maximum number of residential units allowed is 1,850. However, sit,nle-family residential units built to date total 1,(13, or 59°l° of the master developer-projected total of 1,796. The single-fartzily homes ineiude 356 rental properties. There are also plans for an additional 362,000 squarz feet of commercial space. District managemenr said that approximately X35°% o the district's planned infrastructure -- roads, water, and sewer -- is complete. Due to recent development, the district's secondary AV has grown by a 156% average annual rate in the three years through fiscal 2009, to $24.6 million. However, because of the real estate downturn, AV dropped by 9.5% in fiscal 2010 and by 7.1 % in fiscal 2011. Based on preliminary tax rolls, .fiscal 2011 secondary AV totals $20.7 million. Net rj~;~,~',_irQ~tp~~eb~$it Portat ~ September 1, 2010 Su~ri~siary: Glctdd~sx~Fartrrs Cornnaunitl~ Facilities I3zstriet, Arizona; Gesteral C3bllgutiori full cash values peaked at $23© million in fiscal 2009 and declined to a preliminary value of $201 million in fiscal 2011. Seventy-three percent of fiscal 2010 secondary AV came from owner-occupied residential property, with 10.2% from rental-occupied residential property. Tax collections forthe past two fiscal years,... ending June 30, have been strong, totaling 98% (2010) and 99 (2009). The district`s tax base is moderately concentrated. However, the largest taxpayer, master developer Gladden Farms LLC {controlled by Forest City Enterprises Inc.; B+/Negative), has declined as a proportion of the relative tax base in recent years. In fiscal 2010, the top 10 taxpayers made up 16.2%0 of total secondary AV. Gladden Farms LLC is 7.1% of the total.:. None of the remaining nine largest taxpayers make up more han L6% of the tax base.. The district's policy and recent history is to levy at $2.50 per $100 of AV to support these bonds. The district's expenditures, under this levy, are focused on debt service related to capital and infrastructure improvements. This lew includes a 5% over-levy for delinquencies. The district had $87,000 in fund balances (held as cash} in fiscal 2009, equivalent to 12% of maximum annual debt service (MADS). The district reports funds for capital and debt service purposes on Marana's audit as a non-major debt service fund. District management has indicated that the city covers almost all municipal operating services. However, the district also levies $0.30 per $100 of AV for maintenance and operations, which is not pledged to the bonds but rather for parks and landscaping. Including overlapping taxing entities, the overall, combined (primary and secondary) tax rate for the district is $16.0356 per $100 of AV, which we believe is above average for Arizona. Finances Under a standby contribution agreement, Gladden Farms LLC has agreed to make t;p the difference between the debt service on the bonds and the $2.50 per $100 of AV tax levied. Additionally, under a depository agreement, the developer will have deposited $532,000 (equivalent to 75% of MADS) at bond closing to be used only for debt service. This is held by the depository, which is also the trustee. By July 15 of each year, the trustee must inform the district of the amount held in the depository account,: which the district can take into account in setting its tax rate in August for the upcoming year. By this sequential process, the payment of debt service is not dependent on the standby payment of the developer. The standby contribution agreement and the depository agreement will terminate if, for three consecutive years, a tax rate of $2.50 per $100 of secondary AV is sufficient to pay MADS. Net overall debt, including overlapping debt, is above average, at S.7% of market value (based on fiscal 2011 preliminary full cash value) and $4,684 per capita in fiscal 2010 (with an estimated population of 2,445 assuming the management-estimated 2.3 inhabitants per completed home). Direct debt is 4.4% of market value (based on fiscal 2011 preliminary full cash value) and $3,608 per capita in fiscal 2010. Twenty-nine percent of principal is scheduled to be retired within 10 years, and 79% within 20 years. The series 2010 bonds are the fourth series of GO debt from a May 2004 authorization, and the district has $S9 million in authorization outstanding after this issuance. Management stated that, based on a city agreement with the master developer, only up to $23 million of this remaining authorization will be issued. Management said that further issuance depends on the status of housing development and AV. Marana, Ariz. (population34~,400j is located innorthern Pinta County, just northwest o~TueSan. In our view, Marana`s median household effective buying income (EBI$ i strong at 131 °ro of the nation, and its per capita EBZ is what we consider good, at 11 S% of the nation. F.~hfR~~~6~~i#9,~Page 65 of 87 3 Summary: Gladden Farms~c~mmunity Facilities ,District, Arizona; General Qbtigation The sta'r~le nutlook reflects ;~ moderately deveJaped district that continues in this ~~ein tier has some recent :~~' Fdeci~n~s, 'The outlook also reflects that the district's debt issuance will be, as management stated, based on further deF=elupment in the district's ~a~ base and int=-:astracture. It the district's recent trend of significant tax base diversification and development continues, we could raise the rating,„ ~' ~~:w~~ ~ tat l ° - -- ~ ~:'~l'0 USPF Criteria: Methodology And Assumptions: Rating Unlimited Property Tax Basic Infrastructure Districts, March 17, 2009 Complete ratings information is available to RatingsDirect subscribers on the Global Credit Portal at www.globalcreditportal.com and RatingsDirect subscribers at www.ratingsdirect.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. -~s~;t~€~gl-~~~~f~-~~r~t~~r~~~ ~ se~~Emt~er ~, z¢~a 4 Copyright © 2010 by Standard & Poor's Financial ,<FONT COLOR='BLUE'>Services LLC IS&PI</FONT>, a subsidiary of The McGraw-Hill Companies; No content (including ratings, credit-related analyses and data, model, software or other application or output therefrom) or any part thereof (Contend may be modified reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of S&P. fhe Content shall not be used far any unlawful or unauthorized purposes. S&P, its affiliates, and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively S&P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content. S&P Parties are not responsible for any errors or omissions, regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. The Content is provided on an "as is' basis. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED T0, ANY WARRANTIES OF MERCHANTABILITY 0R FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRDRS OR DEFECTS. THAT THE CON'S ENT'S FUNCTIONING WILL BE UNINf ERRUPTED OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. In no event shall 5&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the Content even if advised of the possibility of such damages. '~'edirrelateJ a ;a:yses, Ir.Clud+ng ratings: and sta'ente, F?~ in the Content are sta_2men.S of Opinion as of t~» date ,Pie'i~ arc- expressed and not statcmen ~ er t ;ct ;r recornmf,nda:;ons to purchase, hold, or se~l an~~ securi5es or to make any invest~rierrt aec~sions. St~P assumes nc uhl dalctn o update the Content ~n?l nv~,.y p~3nliration in ai ~y form or i ~ ~;:~t The Confect shctrl l not ae rcl ,=d o~, arti is not a substitute tur the ski(!, iudymert attJ ex,,crfercc cif t6c?ser, its management, e~p c, a~.<=, ad>E~isar; audios clients =.vne,t coaxing invesUne,iL a,.d erhe, .,€as~n.;a~ riccisions. S~P~s opininn_ ~,d az?aly~es do net address tfie ,_ ..i'Iity of any s~;urity. S&F does ~~ot ar' a5 a r,ducia,y or an investment advisor, t ~'tti;s ~~ =` fins ot, air..-d ,t~;~ircation f-cn sot~~ces it f e ;cve~; to t,_ r..ab.e; S&f' does no. oa:farn; an audit and undertakes r~ aty ~,"due diligence or independent verification efar,~{;nf;~rmatiai a ra.ah:es. - S&P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. S&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process. S&P may receive compensation for its ratings and certain credit-related analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, vvvvwstandardandpoors.com (free of charge), and www.ratingsdirectcomand www.globalcreditportal.com Isubscription),and may be distributed through other means, inducting via S&P publications and third-party redistributors. Additional information about our ratings fees is available at wwwstandardandpoors.com/usratingsfees. Rg~u~e+tstattdelyd~dipgarstt~tie~S~®rF3JCtpage s7 or 8z 5 ,..~~, ~rae.~~ ~~~ -~~ ~~~ tn~,.~ ~,~,~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Interim Planning Director Strategic Plan Focus Area: Not Applicable Subject: _Ordinance No. 2010.17: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2009.26, for the Northwest Commerce Park project on Regency Plaza Street Discussion: History On December 15, 2009, the Town Council adopted Ordinance 2009.26, which rezoned approximately 53.5 acres of vacant land located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street from Zones "MR-2" (Multi-Family Residential - Medium/High Density - 25.4 acres) and "VC" (Village Commercial - 28.1 acres) to "HI" (Heavy Industrial). Request This rezoning was originally approved with a conditions for traffic related improvements. These conditions did not allow for the phasing of such improvements, but required all of the improvements be installed prior to any certificate of occupancy being issued for any building. Currently, the Town is reviewing a development plan for an apartment complex that consists of 166 detached single story units in the rezoning area. The traffic generated by this development does not warrant all of the traffic improvement requirements of the rezoning to be constructed at his time. Therefore, staff is asking that the conditions be modified to allow the timing and construction of all required traffic improvements to be determined by Town staff based on additional traffic studies. Conditions #8 and #9 of Ordinance 2009.26 currently state: 8. The Developer shall design and construct the following, as part of the future platting, development plans and improvement plans for the Rezoning Area, all of which shall be operational prior to the issuance of certificate of occupancy for any structure on the Rezoning Area: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings. Regular Council Meeting -September 21, 2010 -Page 68 of 87 C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening will be designed and built to provide a 175' storage length as recommended in the traffic study. 9. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. The modification requested would alter condition #8 by removing the need for the developer to build all of the traffic related improvements at one time before any structure in the entire project area is occupied. Condition #9 would be combined with condition #8 to provide the timing for the required improvements based on the traffic studies of future development. The new condition would state: 8. The Developer shall design and construct the following: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings. C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening will be designed and built to provide a 175' storage length as recommended in the traffic study. The timing for the design and construction of the improvements will be determined by the Town based on the findings of additional traffic studies that shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. 9. Deleted by Council ATTACHMENTS: Name: Description: ^ Ord_Rezoning_Condtion Change_ (Ord_2009.26).doc Ord Modifying NW Commerce Rezoning Conditions D Cond_Mod_Location Map.pdf Location Map O 200926,pdf Original Ordinance 2009.26 Staff Recommendation: Staff recommends a change in conditions #8 and #9 of Ordinance 2009.26. Suggested Motion: Type: Ordinance Backup Material Backup Material Regular Council Meeting -September 21, 2010 -Page 69 of 87 I move to adopt Ordinance No. 2010.17, approving a modification to the rezoning conditions of Ordinance No. 2009.26. Regular Council Meeting -September 21, 2010 -Page 70 of 87 MARANA ORDINANCE N0.2010.17 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION TO THE REZONING CONDITIONS OF ORDINANCE N0.2009.26, FOR THE NORTHWEST COMMERCE PARK PROJECT ON REGENCY PLAZA STREET WHEREAS, on December 15, 2009, the Town of Marana adopted Ordinance No. 2009.26, approving the rezoning of approximately 53.5 acres of located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street, in a portion of Section 6, Township 13 South, Range 13 East; and WHEREAS, Town staff has requested a change in the rezoning condition #8 and #9 of Ordinance No. 2009.26 to allow future traffic studies to determine the timing of required improvements; and WHEREAS, the Town Council, at their regular meeting on September 21, 2010 has determined that a change in rezoning condition #8 and # 9 of Ordinance No. 2009.26 should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Condition #8 of Marana Ordinance No. 2009.26 is hereby amended to read as follows: 8. The Developer shall .design and construct the following transportation improvements: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings. C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening Regul~~~~~~@A~jn~B ~plt9mber 21, 2010 -Page 71 of 87 _ 1 _ will be designed and built to provide a 175' storage length as recommended in the traffic study. The timing for the design and construction of the improvements will be determined by the Town based on the findings of additional traffic studies that shall be required at the development plan stages for this project. The Developer shall also be responsible for the design and construction of any other transportation improvements determined to be necessary by Town staff based on the findings of those studies. 9. Deleted by Council SECTION 2. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of September, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~~~~~~@i1~n~e ~~9mber 21, 2010 -Page 72 of 87 _ 2 _ ~~~~~ Northwest Commerce Park Rezoning Condition Modification ~°~ ~ ~~ CASE PCM - 10027 ~ ~z _ - , ~ z ~ ,~ m ;o 4 - -bv INA RD - ---- - - W INA RD - - -- ~ -~-~ -----_ - -- - - - ---- ~ -- --- _- _ --- - ---o - - __ __ --W INA RD-- ~I i 4 I__ ~" ~ I 1 - - 6 ~ - - `~ ~;a _ I . _ ',~-~ `~ c'. ~ Subject Property v Z I I I % / ' ~~a i I f/ / ~ j j ~ , , .s ~ % ~ . , ^~ ~ : ~. ° v~ - - t~ ~ \ m o , ~ [ ~ ~~~~ I - - -- ~ , ~t ~ jI ~ ' 7c ~ ~;O DR ~lt ~ \ - ~Y~~ ~ --~-~ - ~ - ~ L~ ~ ''~ `~~~ ~~~, h ~ I m 4 ~ ~ ~~ ~' i~ ;3 ~ Request 0 450 900 ft. N A request to modify Rezoning Ordinance 2009.26 Condition #8 and #9. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user ~iflpaun Rf ~' ~ n ' G r ee l - Se tember 21 2010 - Pa a 73 of 87 F. ANN RODRIGUEZ, RECORDER DOCKET: RECORDED BY: MRH PAGE: DEPUTY RECORDER og PT ~y g, ~ NO . OF PAGES 1562 PE-1 SMARA ~% ~pp 1 ~' z SEQUENCE TOWN OF MARANA ~~..~' ' ~ ORDIN ATTN: TOWN CLERK ~~ ~R~ 11555 W CIVIC CENTER DR O MAIL MARANA AZ 85653 AMOUNT PAID NIARANA ORDINANCE N0.2009.26 13711 2762 13 20092460762 12/23/2009 15:59 12.00. RELATING TO DEVELOPMENT; APPROVING A REZONING FOR NORTHWEST COMMERCE PARK OF APPROXIMATELY 53.5 ACRES OF LAND LOCATED SOUTH OF INA ROAD AND WEST OF THORNYDALE ROAD ON BOTH SIDES OF REGENCY PLAZA STREET WHEREAS, Alta Vista Communities V, LLC (the "Developer") is the owner of approximately 53. S acres of property located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street in a within a portion of Section 6, Township 13 South and Range 13 East, as described on Exhibit "A", attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on November 18, 2009, and at said meeting voted unanimously (4-0, with Commissioners Schisler, Wood and Pound excused) to recommend that the Town Council approve this rezoning; and WHEREAS, the Marana Mayor and Town Council held a public hearing on December 15, 2009 and determined that the application for rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. A minor amendment to the General Plan of approximately 25 acres of the Rezoning Area located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street within a portion of Section 6, Township 13 South, Range 13 East, changing the General Plan designation from Commercial to Industrial, is hereby approved. SECTION 2. The zoning of the Rezoning Area is hereby changed from "MR-2" (Multi- Family Residential - MediumlHigh Density-25.4 acres) and "VC" (Village Commercial-28.1 acres) to "HI" (heavy Industrial). . SECTION 3. This rezoning is subaect to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan ~' ..current at the time of development including, but not limited to, requirements for public improvements. 2. No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Developer, applicant or land owner from responsibility Regul~ig}~j{~@gib,S~er 21, 2010 -Page 74 of 87 _ 1 _ to ensure compliance with all applicable federal and state laws and regulafions, including the . Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 4. The Developer shall adhere to the Commercial Design Standards found in Title 8 of the Land Development Code for all commercial development. 5. The Developer shall adhere to-the Commercial Design Standards Section B.3 found in Title 8 of the Land Development Code for industrial development. 6. Uses prohibited in the Light Industrial zoning category of the Land Development Code are prohibited on the Rezoning Area. 7. The Developer will dedicate 60 feet of land for future right-of-way for connection to Jeremy Place if deemed necessary based on review of future traffic irnpact analysis by the Traffic Engineering Department. 8. The Developer shall design and construct the following, as part of the future platting, development plans and improvement plans for the Rezoning Area, all of which shall be operational prior to the issuance of certificate of occupancy for any structure on the Rezoning Area: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings. C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening will be designed and built to provide a 175' storage length as recommended in the traffic study. 9. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation ~ improvements determined to be necessary by Town Staffbased on the findings of those studies. 10. A sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the sewer plan. 11. If it is determined that such rights exist on the Rezoning Area and are owned by the Developer at the time of the development plan, the Developer or property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marano ,for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Regulate'A~C~IdI@~[(iSi,}`fr~(Der 21, 2010 -Page 75 of 87 ' 2 - Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the property owner(s), and any other party having any title interest in the Rezoning Area, that waives any potential cleans against the Town under the Arizona Property Rights Protection Act (A.R. S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this 15~' day of December, 2009. Mayor Ed Honea ATTEST: ~-d.~-.ti J lyn ronson, Town Clerk Regular'~9WIc~~1@~fiS'c~'~Sr~~er 21, 2010 -Page 76 of 87 - 3 APPROVED AS TO FORM: !CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.26 Alta Vista Communities V, LLC, an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Property", which is particularly described in Exhibit A attached to Marana. Ordinance No. 2009.26 (the "Rezoning Ordinance's and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ-09029, filed on behalf of the owner. The Owner hereby agrees and consent to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona. Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owner also consents to the recording of this document in the office of the. Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. _ _ .. _ _ Dated this l~~day of December, 2009. ALTA VISTA COMMUNITIES V, L.L.C., an Arizona limited liability company Roger Kerber, Managing Member STATE OF ARIZONA } SS. County of Pima ) The foregoing instrument was acknowledged before me on December ~ ,, 2009 by Roger Kerber, Managing Member of Alta Vista. Communities V, L.L.C., an Arizona limited liability company, on behalf of the `company. My commission expires: 8~•~- ~~'~`~ "~i %? 3 f'~o: ~s ~ Notary blic '"fJiF~lCIAL SEAL" Bonnie Mattes ~Ol~aiy Pt~blic•AtiEOna ,~'~ Pima Cau~ty M Canm'sssiar Exp~es 1 i 2012 Regular Council Meeting -September 21, 2010 -Page 77 of 87 File No.: 06t66926-024-P13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Parcel 6B-l famended~ A part of Lot 6 and the Canada del Oro, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: COMMENCING at the Northwest comer of said lot; THENCE on a plat bearing of South 00 degrees l4 minutes 25 seconds West along the West line of said lot, a distance of 615.20 feet to the POINT OF BEGINNING; THENCE continue South 00 degrees i4 minutes 25 seconds West along the said West line, a distance of 1435.70 feet; THENCE North 88 degrees Ol minutes 56 seconds West along the said West line, a distance of 684.01 feet; THENCE South 40 degrees 48 minutes OS seconds East along the said West line and the prolongation thereof, a distance of 464.44 feet to a line 77.00 feet South of and parallel with the North line of said Canada del Oro; THENCE North 60 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1789.18 feet; THENCE North 29 degrees 03 minutes 15 seconds West, a distance of 535.10 feet to a point on the arc of a non tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing of South 14 degrees O1 minutes OS seconds East; THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of 345.00 feet and a central angle of 104 degrees I S minutes 30 seconds for an arc distance of 627.78 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 75.99 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 490.00 feet to the POINT OF BEGINNING. EXCEPTING Tl-IEREFROM any portion lying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arioana, described as follows: COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range l3 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees I S minutes 02 seconds East, along the North line of the said Section 6, a distance of 535.01 feet; THENCE South 00 degrees 14 minutes 2S seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of way of Ina Road; THENCE South 88 degrees l5 minutes 02 seconds East, along the said right of way, a distance of 86:72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly along the arc of said curve, to the ]eft, having a radius of 45.00 feet and a central angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency; ALTA 2006 Commitment Page 2 Regular Council Meeting -September 21, 2010 -Page 78 of 87 File No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE South 00 degrees t4 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency; THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a central angle of 013 degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East line of Lot b; THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10 degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees 13 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot b; THENCE South 88 degrees l5 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast corner of Lot 4; THENCE North 00 degrees l4 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangetrt curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF BEGINNING. Parcel 68-2 (amendedl A part of Lot 6 and the Canada del Oro, THORNYDALE PLAZA, as recorded in Book 26 of Maps anti Plats at page 84, Pima. County Recorde>'s Office, Pima County, Arizona, described as follows: COMMENCING at the Southwest corner of Lot 3 of said plat; THENCE on a plat bearing of South 88 degrees 15 minutes 02 seconds East along the North Line of said Lot 6, a distance of 480.00. felt to the pOTNT OF BEGINNING; THENCE continue South 88 degrees IS minutes 02 seconds East along the said North line, a distance of 480.01 feet to a point on the arc of a non tangent curve concave to the East, a radial line of said curve through said point having a bearing of North 89 degrees 29 minutes 04 seconds West; ALTA Commitment Page 3 ORTIC 1614 (2006) Regular Council Meeting -September 21, 2010 -Page 79 of 87 File No.: 06166926-02+t-P13 EXHIBIT A (Continued) THENCE Southerly along the arc of said curve, to the left, having a radius of 495.00 feet and a central angle of 00 degrees 16 minutes 3 I seconds for an arc distance of 2.38 feet to a point of tangency on the Easi line of said Lot 6; THENCE South 00 degrees 14 minutes 25 seconds West along the said East line, a distance of 77.62 feet; THENCE South 88 degrees IS minutes 02 seconds East along the said East line, a distance of 45.02 feet; THENCE South 00 degrees 14 minutes 25 seconds West along the said East line, a distance of 1069.07 feet to the North line of said Canada del Oro; THENCE North 60 degrees 56 minutes 45 seconds East along the said North line, a distance of 991.73 feet to the West right of way sine of Thornydale Road; THENCE South 13 degrees 48 minutes 45 seconds East along the said West right of way line a distance of 79.81 feet to a line ?7.00 feet South of and parallel with the said North line of the Canada del Oro; THENCE South 60 degrees 56 minutes 45 seconds West along the said parallel line, a distance of 1475.90 feet; THENCE Notch 29 degrees 03 minutes I S seconds West 535.10 feet to a point on the arc of a non tangem curve concave to the North, a radial line of said curve through said point having a bearing of South 14 degrees O1 minutes 05 seconds East; . THENCE Easterly along the arc of said curve, to the left, having a radius of 345.00 feet and a central angle of I S degrees 44 minutes 55 seconds for an arc distance of 94.83 feet to a point of tangency; THENCE North 60 degrees 14 minutes 00 seconds East, 60.39 feet; THENCE Notth 00 degrees 14 minutes 25 seconds East, 944.73 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion lying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees 15 minutes 02 seconds East, along the North line of the said Section 6, a distance of 535.01 feet; THENCE South 00 degrees 14 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly. along the arc of said curve, to the left, having a radius of 45.00 feet and a central angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency; THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Southerly and Easterly along the aro of said curve, to the left having a radius of 259.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency; ALTA Committncnt Page 4 ORT1C 1614 (2006} Regular Council Meeting -September 21, 2010 -Page 80 of 87 Fitc No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right,. having a radius of 1425.99 feet and a central angle of O 13 degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East tine of Lot b; THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the azc of said curve, to the left, having a radius of 1335.99 feet and a central angle of I O degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees 13 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Westerly and Northerly abng the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot b; THENCE South 88 degrees 15 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast comer of Lot 4; THENCE North 00 degrees 14 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 2? seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF BEGINNING. AND ALSO EXCEPTING THEREFROM that portion conveyed to Stewart Title & Trust of Tucson, an Arizona corporation, as Trustee under Trust No. 3550 by Deed recorded in Docket 9608 at page 2309, more particularly described as follows: That portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Southwest corner of Lot S, THORNYDALE PLAZA, as recorded in Book 2b of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona; THENCE South 00 degrees 14 minutes 2S seconds West along the Southerly prolongation of the West line of the said Lot 5, a distance of 88.29 feet to a line 77.00 Southeasterly of and parallel with the Southeasterly line of the said Lot S; THENCE North 60 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1012.94 feet to the Westerly right of way of Thornydale Road; THENCE North l 3 degrees 48 minutes 45 seconds West along the said right of way, a distance of 79.81 feet to the Southeast '~' corner of the said Lot 5; THENCE South 60 degrees 56 minutes 45 seconds West along the Southeasterly line of the said Lot 5, a distance of 940.72 feel (991.73 feet measured) to the POINT OF BEGINNING. ALTA Commitment Page 5 (?RTIC 1614 (2006) Regular Council Meeting -September 21, 2010 -Page 81 of 87 File No.: 06166926-024-P13 EXHIBIT A (Continued) AND FURTHERMORE EXCEPTING that portion lying within the boundaries of land conveyed to EMH Investment, L.L.C., an Arizona limited liability company by Deed recorded in Docket 9608 at page 2328, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being a parcel of land lying within Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 6; THENCE along the monument line of Ina Road, South 88 degrees I S minutes 02 seconds -East, a distance of 623.70 feet; THENCE leaving said monument tine, South Ot degrees 44 minutes 58 seconds West, a distance of 75.00 feet, to the Southerly right of way line of Ina Road and the POINT OF BEGINNING; THENCE along the Southerly right of way line of Ina Road, South 88 degrees i5 minutes 02 seconds East, a distance of 438.31 feet; THENCE leaving said right of way, Soudt 00 degrees 14 minutes 25 seconds West, a distance of 500.00 feet; Thence South 88 degrees 1 S minutes 02 seconds East, a distance of 525.02 feet, to the b Ginning of a non tangent curve; THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South 89 degrees 36 minutes 23 seconds East through a ca»tral angle of 00 degrees 09 minutes 12 seconds, a distance of 1.21 feet to the curve's end; THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet; THENCE North 88 degrees IS minutes 02 seconds West, a distance of 560.11 feet; THENCE North O1 degrees 44 minutes 58 seconds East, a distance of Ib.67 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feeE; THENCE South O 1 degrees 44 minutes 58 seconds West, a distance of 46.00 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 237.14 feet to the Easterly right of way line of Regency Boulevard; THENCE along the said right of way line, North 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the beginning of a curve; THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees 30 minutes 33 seconds, a distance of 71.87 feet to the curve's end, and the POINT OF BEGINNING. Parcel 6A (amendedl A part of Lot 6, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, -Pima County Recorder's Office, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of sa'sd lot; THENCE on a plat bearing of South 88 degrees 15 minutes 02 seconds East along the North line of said tot, a distance of 1060.03 feet; THENCE South 00 degrees 14 minutes 25 seconds West, 944.73 feet; ALTA Commitment OR7'1C 1614 (2006) Page 6 Regular Council Meeting -September 21, 2010 -Page 82 of 87 File No.: 06166926-0Z4-P13 EXHIBIT A {Continued) THENCE South 60 degrees t4 minutes 00 seconds- West, 60.39 feet to a point of curvature of a tangent curve to the Northeast; THENCE Westerty and Northwesterly along the arc of said curve, to the right, having a radius of 345.00 feet and a central angle of 120 degrees 00 minutes 25 seconds for an arc distance of 722.61 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 75.99 feet; THENCE North 88 degrees 15 minutes 02 seconds West, 490.00 feet to the West line of said lot; THENCE North 00 degrees 14 minutes 25 s~onds East, along the said West line, a distance of 615.20 feet to the POINT OP BEGINNING. EXCEPTING THEREFROM said Parcel 6A any portion Eying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder`s Office, Pima County, Ariwna, described as follows: COMMENCING at the North One-Quarter corner of Section b, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees IS minutes 02 seconds East, along the North line of the said Section b, a distance of 535.01 feet; THENCE South 00 degrees 14 minutes 25 seconds West, ?5.03 feet to the POINT OF BEGINNING on the South right of way of lna Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 fees and a central angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency; THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency; THENCE North 48 degrees 13 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a central angle of 013 degrees 07 minutes 09 seconds for an arc distance of 32b.51 feet to the East line of Lot 6; 1 THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North ~ 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10 degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees l3 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the Northeast; ALTA Commitment Page T ORTIC 1614 (2006) Regular Council Meeting -September 21, 2010 -Page 83 of 87 Fite No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North tine of Lot 6; THENCE South 88 degrees 15 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast corner of Lot 4; THENCE North 00 degrees l4 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the Left, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the PO1NT OF BEGINNING. AND FURTHERMORE EXCEPTING that portion lying within the boundaries of land conveyed to EMH Investment, L.L.C., an Arizona limited liability company by Deed recorded in Docket 9608 at page 2328, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being a parcel of land lying within Section 6, Township I3 South, Range f 3 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 6; THENCE along the monument tine of Ina Road, South 88 degrees ] 5 minuses 02 seconds East, a distance of 623.70 feet; THENCE leaving said monument line, South O1 degrees 44 minutes 58 seconds West, a distance of 75.00 feet, to the Southerly right of way line of Ina Road and the FOINT OF BEGINNING; THENCE along the Southerly right of way line of Ina Road, South 88 degrees [5 minutes 02 seconds East, a distance of 438.31 feet; THENCE leaving said right of way, South 00 degrees 14 minutes 25 seconds West, a distance of 500.00 feet; Thence South 88 degrees I S minutes 02 seconds East, a distance of 525.02 feet, to the beginning of a non tangent curve; THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South 89 degrees 36 minutes 23 seconds. East through a central angle of 00 degrees 09 minutes 12 seconds, a distance of 1.21 feet to the curve's end; THENCE Sauth 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.11 feet; THENCE North Ol degrees 44 minutes 58 seconds East, a distance of 16.67 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feet; THENCE South O 1 degrees 44 minutes 58 seconds West, a distance of 46.00 feet; THENCE North 88 degrees 15 minutes OZ seconds West, a distance of 237.14 feet to the Easterly right of way line of Regency Boulevard; ALTA Commitment Page 8 ORT[C 1614 (2006) Regular Council Meeting -September 21, 2010 -Page 84 of 87 Pile No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE along the said right of way line, North. 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the beginning of a curve; THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees 30 minutes 33 seconds, a distance of 71.87 feet to the curve's end, and the POINT OF BEGINNING. SAID PARCELS bB-i (amended) bB-2 (amended) and Parcel 6A (amended), ALSO KNOWN AS THE FOLLOWING FARCELS A AND B: Parcel A (West & South of Reaencv Plaza Street) A portion of Lot b of THORNYDALE PLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona, in Book 2b of Maps and Plats at page 84, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northwest comer of said Lot b; THENCE South 88 degrees 1S minutes 02 seconds East, along a line common with said Lot d and Lot 4 of said THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right of way line of Regency Plaza Street; THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distanco of 789.38 feet; THENCE, along said right of way line and along a tangent curve to the left having a radius of 349.50 feet, through a central angle of 132 degrees 00 minutes 55 seconds, an arc length of 805.28 feet; THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way line, a distance of418.05 feet; THENCE, along said right of way line and along a tangent curve to the right having a radius of 1335.99 feet, through a central angle of 10 degrees 58 minutes 26 seconds an arc length of 255.88 feet; THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 649.03 Feet; THENCE South 60 degrees Sb minutes 45 seconds West, a distance of 2251.39 feet; THENCE North 40 degrees 48 minutes OS seconds West, a distance of 464.44 feet; THENCE South 88 degrees Oi minutes 56 seconds East, a distance of 684A1 feet; THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 2050.90 feet to the POINT OF BEGINNING. Parcel B (North & East of Regencv Plaza Street) A portion of Lot 6 of THORNYDALE FLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona, 1 in Book 26 of Maps and Plats at page 84, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the Northwest corner of said Lot 6; THENCE South 88 degrees 15 minutes 02 seconds East, along a line common with said Lot 6 and Lot 4 of said THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right of way line of Regency Plaza Street; ALTA Commitment Pa8'e 9 t)RT[C lbi4(200G) Regular Council Meeting -September 21, 2010 -Page 85 of 87 File No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distance of 330.97 feet; THENCE South 89 degrees 45 minutes 35 seconds East, a distance of 90.00 feet to a point on the East right of way line of said Regency Plaza Street to the TRUE POINT OF BEGINNING; THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distance of 458.41 feet; THENCE, along said right of way line and along a tangent curve to the left having a radius of 259.50 feet, through a central angle of 132 degrees 00 minutes 55 secoads, an arc length of 597.91 feet; THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way line, a distance of 418.05 feet; THENCE, along said right of way line and along a tangent curve to the right having a radius of 1425.99 feet, through a central angle of 13 degrees 07 minutes 35 seconds, far an arc length of 326.69 feet; THENCE North 00 degrees 14 minutes 25 seconds East, a distance oft 85.07 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.27 feet; THENCE North 0t degrees 44 minutes 58_seconds East, a distance of 16.67 feet; THENCE North 88 degrees 15 minutes 02 seconds WesE, a distance of 211.50 feet; THENCE South O 1 degrees 44 minutes 58 seconds West, a distance of 46.00 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 23'7.14 feet to the TRUE POINT OF BEGINNING. Easement Parcel I Easement for ingress and egress for the installation, replacing, repairing and maiataining Bank Improvements as set forth in Declaration of Covenants, Conditions, Restrictions and Easements recorded in Docket 9608 at page 2314 (for the benefit of Parce16B-1 and that portion of Parcel 6B-2 lying southerly of Regency Plaza Street). Easement Parcel II Easements for ingress, egress, utilities, storm wafer drainage and temporary construction purposes as sei forth in Declaration of Easements, Covenants and Restrictions recorded in Docket 9608 at page 2392 (for the benefit of those portions of Parcels 6A and 6B-2 lying northerly and easterly of Regency Plaza Street). Easement Parcel III Easement for visibility as set forth in Visibility Agreement recorded in Docket 9608 at page 2451 (for the benefit of that portion of Parcel 6A lying easterly of Regency Plaza Street and that portion of Parcel 6B-2 lying northerly of Regency Plaza Street). 1 Easement Parcel I V Easement for placement, construction and maintenance of a sign recorded in Docket 960$ at page 2494 (for the benefit of Parcels 68-1, 6B-2 and 6A). APN: IO1-05-043K, 101-05-043L, 101-05-043M, 101-05-043N, 101-05-043P ALTA Commitmerrt ORTIC t6t4 (2006) Page (0 Regular Council Meeting -September 21, 2010 -Page 86 of 87 ~~1 5 ~II>i 4t MkIwF L 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, September 21, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Not Applicable Subject: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -September 21, 2010 -Page 87 of 87 EMPLOYEE APPRECIATION WEEK 2010 PROCLAMATION WHEREAS, town employees are skilled professionals who provide needed and valuable services to the community through a combination of educational and technical expertise; and WHEREAS, town employees dedicate themselves toward achieving quality and excellence in their work to improve life for Marana citizens by providing transportation systems, environmental protection, recreational amenities, business and agricultural areas, public safety, community and economic development, and numerous support activities to ensure the well-being of life in this community; and WHEREAS, the dedication and service of current employees as well as those who have retired or passed during 2010 should be recognized as contributors to the success of town business. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim September 27 -October 1, 2010 EMPLOYEE APPRECIATION WEEK and do recognize and celebrate the important contributions that town employees make to improve the quality of life for the citizens of the Town of Marana and urge the citizens of the Marana community to also recognize those contributions. The Council further proclaims that from this day forward all retired or deceased employees shall be recognized with an engraved brick paver to be placed in the Municipal Complex courtyard. Dated this 21St day of September, 2010. ~~ ~ Mayor Ed Honea ATTEST: J ocely C. Bronson, Town Clerk