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HomeMy WebLinkAboutOrdinance 2011.27 Authorizing the Mayor to execute a Development Agreement with Republic Services F. ANN RODRIGUEZ , RECORDER I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Recorded By: JCC of PI4 _ DEPUTY RECORDER ` SEQUENCE: 20113250240 305 �TU �d NO. PAGES: 2 SMARA �N\ 1,C ORDIN 11/21/2011 TOWN OF MARANA 13:23 TOWN CLERK �RIZU�� MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.27 RELATING TO DEVELOPMENT: APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH REPUBLIC SERVICES DBA SAGUARO WASTE SERVICES FOR A WASTE TRANSFER STATION IN RANCHO PALOMITAS WHEREAS the Marana Town Council finds that the Development Agreement between Republic Services dba Saguaro Waste Service and the Town of Marana for a Waste Transfer Station in Rancho Palomitas is consistent with the Marana General Plan, applicable specific plans, and relevant Town policies; and WHEREAS the Marana Town Council finds that the development agreement is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Development Agreement between Republic Services dba Saguaro Waste Service and the Town of Marana for a Waste Transfer Station in Rancho Palomitas is hereby approved in the form attached to and incorporated by this reference in this Ordinance as Exhibit A. SECTION 2. The Mayor is hereby authorized and directed to execute the development agreement for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL O THE TOWN OF MARANA, ARIZONA, this 1 day of Nov r 2011. a NO Mayor E Honea i ATTEST: '�j ® 1 y�(1 APPROVED AS TO FORM: Jh11��1 0 ?Jocelyn C A ronson, Town Clerk Frank Cassidy, Town A rney Marana Ordinance 2011.XX {00028365.DOC /} MA EXHIBIT A Exhibit A, Development Agreement between Republic Services dba Saguaro Waste Service and the Town of Marana, was recorded as Sequence Number ao U 3;k5 od I in the office of the Pima County Recorder, on November 21, 2011. F. ANN RODRIGUEZ, RECORDER Recorded By: JCC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEPUTY RECORDER v oF P SEQUENCE: 20113250241 305 ��z NO. PAGES: 12 SMARA �t AG 11/21/2011 TOWN OF MARANA 13:23 TOWN CLERK '9kIZ01`te' MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $11.50 MARANA AZ 85653 DEVELOPMENT AGREEMENT BETWEEN REPUBLIC SERVICES DBA SAGUARO WASTE SERVICE AND THE TOWN OF MARANA FOR A WASTE TRANSFER STATION IN RANCHO PALOMITAS TOWN OF MARANA, ARIZONA THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ( "Marana "), and REPUBLIC SERVICES OF ARIZONA HAULING LLC, an Arizona limited liability company, doing business as Saguaro Waste Service ( "Republic "). Marana and Republic are sometimes collectively referred to in this Agreement as the Parties, either of which is sometimes individually referred to as a Party. RECITALS A. Rancho Palomitas is a development fronting the south right -of -way line of Tan - gerine Road in Section 4 of Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, and is the subject of the Rancho Palomitas Specific Plan approved by the Marana. Town Council on August 2, 2011 by Ordinance No. 2011.19, recorded in the Pima County Recorder's office on August 12, 2011 at Sequence No. 20112240004. B. The portion of Rancho Palomitas designated as Industrial in the Rancho Palomi- tas Specific Plan includes "Solid waste transfer station" as a permitted use, and Sec- tion 3, paragraph 8 of Ordinance No. 2011.19 provides: Any waste transfer station use shall be allowed only pursuant to a development agreement entered into between the Town of Marana and the developer/ owner, and shall be conducted completely in an enclosed building, and the property containing the transfer station shall be surrounded by a block wall as deemed ac- ceptable by the Planning Director. C. This development agreement is intended to satisfy the requirements of Section 3, paragraph 8 of Ordinance No. 2011.19. D. Republic has entered into an agreement to purchase the land particularly de- scribed in Exhibit A attached to and incorporated by this reference in this Agreement. E. The portion of the land being purchased by Republic that is designated Industrial in the Rancho Palomitas Specific Plan is referred to in this Agreement as the "Subject Property." F. Republic intends to use the Subject Property as a solid waste transfer station. 100027899.DOC / 2) REPUBLIC SERVICES/rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -1- v r AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Definitions. The following definitions apply to this Agreement: A. "Applicable Laws" means all Federal, State, and local laws, rules and regula- tions that apply to Republic's handling, transfer, and release of solid waste at the Subject Property. B. "Environmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, agreement, judgments, orders and decrees, now of hereafter en- acted, promulgated, or amended, of the United States, the State of Arizona, or any local government with jurisdiction over the Subject Property relating to pollution, the protection or regulation of human health, natural resources, or the environment, or the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or waste in the environment (including, without limitation, ambient air, surface water, ground water or land or soil). C. "Hazardous Waste" means any solid waste now or hereafter defined as "haz- ardous waste in (i) the Resource Conservation and Recovery Act (42 U.S.C. § §6901 et seq.) ( "RCRA ") or regulations promulgated under RCRA; (ii) A.R.S. § 49 -921; or (iii) any provision of law that takes the place of RCRA or A.R.S. § 49 -921. 2. Use of the Subject Property as a solid waste transfer station. Republic may use the Sub- ject Property as a solid waste transfer station, subject to the conditions and require- ments set forth in this Agreement. 3. Enclosure of waste transfer activities. All waste transfer activities shall be conducted within a fully - enclosed building. 4. Enclosure of the Subject Property. The Subject Property (including, at Republic's op- tion, the remainder of Republic's property described in Exhibit A) shall be surrounded by a block wall as deemed acceptable by the Marana Planning Director. 5. No Hazardous Waste. No Hazardous Waste shall be handled or transferred at the Subject Property. 6. Compliance with Applicable Laws and Environmental Requirements. Republic shall comply with Applicable Laws and Environmental Regulations at the Subject Property. 7. Odor control. A. Republic shall control odors encountered or created on the Subject Property while it is being used as a solid waste transfer station, including odors associated with site sanitation. B. Republic shall investigate odor complaints, ascertain the odor source, and promptly implement reasonable and appropriate odor control measures. {00027899.DOC / 2} REPUBLIC SERVICES/TOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -2- C. Odor suppression agents, if used, shall be water soluble, non - toxic, non- reactive, and non - volatile. The use of petroleum based products for odor suppres- sion is strictly prohibited. D. Republic shall use best management practices to control odors at and emanat- ing from the Subject Property, including without limitation the following: i. Diesel engines not in active use and on idling dumpers waiting five minutes or more to load or unload material shall be turned off. ii. A staging zone shall be established for trucks that are waiting to load or unload, in a location where the diesel emissions will not be noticeable to the pub - lic. iii. Spilled debris shall be promptly cleaned and removed from the Subject Property, from storage and transport containers, and from waste handling facili- ties. iv. By the time the last employee leaves the Subject Property at the end of each business day, all solid waste shall be removed from the Subject Property. v. Water and cleaning solutions used on the Subject Property shall drain into a contained collection area and routinely pumped out and removed from the Subject Property. E. If Marana receives legitimate repeated or persistent odor complaints relating to the use of the Subject Property as a solid waste transfer station, Republic shall take reasonable steps to remediate the problem so that the resulting odor meets the following standards: i. No air contaminant, including a contaminant detectable by the sense of smell, shall be present in such quantity and duration which is injurious to human health, according to then - current standards adopted by the United States gov- ernment or the State of Arizona. ii. Two air samples sampled at least 15 minutes apart within a two -hour pe- riod at any boundary location of the Subject Property shall not exceed concentra- tions greater than 50 parts per billion (ppb) of hydrogen sulfide. iii. Emission shall be limited to an odor that is undetectable at seven dilutions with odor free air as determined by a scentometer, Nasal Ranger® Field Olfac- tometer, or equivalent. The occurrence shall be measured by at least two meas- urements within an hour, separated by at least 15 minutes. Notwithstanding any- thing to the contrary set forth in this subparagraph, if some other method or equipment for measuring emissions is available to Republic and used by Repub- lic in its operation of similar facilities or provides a more reliable or accurate measurement than a scentometer, Nasal Ranger® Field Olfactometer, or equiva- lent, Republic may utilize that method or equipment and comply with reason- able standards associated with that method or equipment. 100027899.DOC / 2} REPUBLIC SERVICES[rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -3- 8. Wind -blown trash and litter control. A. Republic shall keep the Subject Property in a neat and orderly condition and shall work with the adjacent property owners to pick up litter on adjacent properties resulting from solid waste transfer station operations at the Subject Property. Par- ticular attention shall be paid to the administration building, scale area, waste trans- fer area, perimeter fencing and drainage channels. B. Republic shall appoint a litter control team to control litter and other foreign material emanating from the solid waste transfer station, and shall assign extra per - sonnel as reasonably needed to control litter. Republic shall ensure that solid waste transfer operations are conducted in a manner that minimizes wind -blown litter. C. To promote litter -free operation, Republic shall: i. establish requirements for haulers to cover and secure loads, including charging uncovered load fees, ii. use commercially reasonable efforts to collect uncovered load fees and to ban haulers and customers who repeatedly fail to cover or secure loads, iii. employ personnel to remove litter along the Subject Property access drive to Tangerine Road on a regular basis, but not less than once every 30 days, and iv. employ personnel to remove litter along Tangerine Road from the inter- section of Tangerine Road and the Subject Property access drive to the Tangerine Road - Interstate 10 interchange on a regular basis, but not less than once every 30 days. D. If Republic fails to comply with its litter removal obligations, Marana may de- liver written notice to Republic specifying the failure and demand that Republic commence litter removal activity in accordance with this Agreement. If Republic fails to commence the requested litter removal within one business day of Republic's receipt of the notice, Marana may engage Marana personnel or third -party contrac- tors to complete the litter removal on Republic's behalf and invoice Republic for the actual and reasonable cost of the work. Republic shall make full payment on the in- voice within 30 days. 9. Approved haul route. All semi - trailer trucks leaving the Subject Property shall exit west on Tangerine Road to Interstate 10 and northwest to the northern boundary of Marana. All semi - trailer trucks arriving at the Subject Property shall use the same route in reverse. 10. Traffic control improvements by others. Republic acknowledges that Marana will not issue certificates of occupancy for the Subject Property unless and until a traffic impact analysis has been completed for the entire anticipated development of Rancho Palomi- tas as set forth in the Rancho Palomitas Specific Plan, and any roadway or traffic control improvements have been completed as Marana staff and consultants determine are warranted based on the data and findings of the traffic impact analysis. The Parties understand and acknowledge that the traffic impact analysis and any roadway or traffic 100027899.DOC / 2} REPUBLIC SERVICEWOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -4- control improvements required based on the traffic impact analysis are anticipated to be undertaken and completed by the developer of Rancho Palomitas in connection with a currently - pending subdivision plat for Rancho Palomitas. 11. Annual litter control fee. Republic shall pay Marana an annual litter control fee when Republic applies for a certificate of occupancy to begin operating a solid waste transfer station on the Subject Property, and shall pay an annual litter control fee on each anniversary of the commencement of solid waste transfer station operations on the Subject Property for so long as the Subject Property is used as a solid waste transfer station. The fee shall be used by Marana to defray the cost of litter control along public roads that Marana reasonably believes are affected by litter associated with Republic's operations at the Subject Property. The annual litter control fee is in addition to any reimbursement for litter removal under paragraph 8.1) above. The annual litter control fee shall be determined and paid in accordance with the following: A. The amount of the annual litter control fee shall be $7,500 for the operation of the solid waste transfer station as initially contemplated, consisting of four waste transfer station dumper bays. B. The amount of the annual litter control fee shall be increased by $3,750 for each two additional transfer station dumper bays constructed at the Subject Prop- erty. C. Republic shall not operate a solid waste transfer station on the Subject Prop- erty until the initial annual litter control fee has been paid. D. If payment of an annual litter control fee is not made on or before the anniver- sary of the commencement of solid waste transfer station operations on the Subject Property, Republic shall pay, in addition to the annual litter control fee, a late fee as follows: i. 10% of the total amount due if payment is less than 30 days late. ii. 20% of the total amount due if payment is 30 or more days late. 12. Successors and assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9- 500.05 (D). No assignment shall relieve either Party of its obligations under this Agreement except that an assignment by Republic in connection with the transfer of title to the Subject Prop- erty shall relieve Republic of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. 13. Indemnification. Republic shall indemnify, defend and hold harmless Marana, its departments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or ex- penses, including reasonable attorney's fees, which are attributable to any negligent or intentional act or omission done in furtherance of the provisions of the Agreement of Republic, its employees, agents, subcontractors, volunteers or anyone acting under the direction or control or on behalf of Republic or anyone employed by them. 100027899.DOC / 21 REPUBLIC SERVICES /rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -5- 14. Term. The term of this Agreement shall commence on the Effective Date and con- tinue for the Operation Life of the solid waste transfer station, unless terminated sooner as provided in this Agreement. 15. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Marana, to: Town Manager Town of Marana 11555 W. Civic Center Drive - Bldg A3 Marana AZ 85653 If to Republic, to: Republic Services of Arizona Hauling, LLC c/o Republic Services Holding Co., Inc. 18500 N. Allied Way Phoenix AZ 85054 16. No waiver of strict performance. The failure of the Parties to insist upon a strict per- formance of any of the agreements, terms, covenants and conditions of this Agreement shall not be deemed a waiver of any rights or remedies that the Parties may have and shall not be deemed a waiver of any subsequent breach or default in any of such agreements, terms, covenants and conditions. 17. Authority to execute Agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Party. 18. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. There are no representations or understandings of any kind not set forth in this Agreement. 19. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 20. Exhibits. Exhibits attached to this Agreement shall be deemed to have been in- corporated in this Agreement by this reference with the same force and effect as if fully set forth in the body of this Agreement 21. Recordation. This Agreement shall be recorded in its entirety in the official re- cords of Pima County, Arizona. 22. Amendments. This Agreement shall not be amended except by a written agree- ment executed by all of the Parties and recorded in the official records of Pima County, Arizona. 100027899.DOC / 21 REPUBLIC SERVICES /rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -6- 23. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material short- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of that Party, the time period provided herein for the per- formance by that Party of such duty or obligation shall be extended for a period equal to the delay occasioned by those events. 24. Attorneys' fees. If any Party brings any civil action to enforce or terminate this Agreement or to recover damages for the breach of any of the provisions, covenants or terms of this Agreement on the part of another Party, the prevailing Party shall be enti- tled to recover, in addition to any relief to which the prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees incurred in connection with the civil action. 25. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be re- moved from such counterparts and such signature pages all attached to a single instru- ment so that the signatures of all Parties may be physically attached to a single docu- ment. 26. Effective date. This Agreement is effective when it is recorded in the office of the Pima County Recorder or when Republic takes title to the Subject Property, whichever occurs later. 27. Conflict of interest. This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [Remainder of page intentionally left blank.] 100027899.DOC / 2) REPUBLIC SERVICES /rOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -7- IN WITNESS WHEREOF the Parties have duly executed this instrument below. "MARANA" "REPUBLIC' TOWN OF MARANA REPUBLIC SERVICES OF ARIZONA HAULING, LLC, an Arizona limited Q liability company, doing business as Saguaro Waste Service Ed Honea, Mayor By: REPUBLIC SERVICES HOLDING Date: COMPANY, INC., a Delaware corporation its sole member ATTEST: By: Vice President Jocelyn onson, Town Clerk Date: i oh ` APPROVED AS TO FORM: nk C °° a§ idy, Town or ' TATE �JF ARIZONA ss. County of Pima ) This instrument was acknowledged before me this day of Xa� -Ih U, 2011 by ILI f� Vice President of REPUBLIC SERVICES HOLDING COMPANY, INC., a Delaware corporation, sole member of REPUBLIC SERVICES OF ARIZONA HAULING LLC, an Arizona limited liability company, doing business as Saguaro Waste Service, on behalf of the LLC. (Notary seal) { TRICIA M. PONCE DE LEON Notary Public Notary Public - Arizona Maricopa County My Commission Expires EC JANUARY 22, 2013 ----1 100027899.DOC / 21 REPUBLIC SERVICE OF MA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -8- - LIST OF EXHIBITS Exhibit A. Legal description of the land Republic is purchasing 100027899.DOC / 2} REPUBLIC SERVICES/TOWN OF MARANA DEVELOPMENT AGREEMENT 9/23/201110:44 AM FJC -6- LEGAL DESCRIPTION REPUBLIC SERVICES OF ARIZONA HAULING, LLC 15.96 ACRE PARCEL ASSESSOR'S TAX PARCEL 216- 07001A A PORTION OF THE WEST HALF OF LOT 4 AND THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4; THENCE SOUTH 00 0 14'03" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 1,363.08 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, SOUTH 89 0 37'25" EAST, 87.45 FEET; THENCE NORTH 70 °01' 18" EAST, 91.70 FEET; THENCE NORTH 13 0 27'33" EAST, 145.92 FEET; THENCE NORTH 68 0 49'22" EAST, 98.81 FEET; THENCE SOUTH 00 0 14'03" EAST, 110.24 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 100.00 FEET; THENCE SOUTH AND EAST ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89 °44'44 ", AN ARC DISTANCE OF 156.64 FEET TO A TANGENT LINE; THENCE SOUTH 89 0 58'47" EAST, 28.47 FEET (ALTA SURVEY), (SOUTH 88 0 54'26" EAST 81.49 FEET CALCULATED) TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 40.00 FEET; THENCE EAST AND SOUTH ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89 0 44'44 ", AN ARC DISTANCE OF 62.65 FEET TO A TANGENT LINE; THENCE SOUTH 00 0 14'03" EAST, 544.80 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45 AN ARC DISTANCE OF 40.07 FEET TO A POINT OF REVERSE CURVATURE; P:\.lobs\270 TANGERINE COMMERCE PARK\Legal Descriptions \15_96 Acre Parcel Description_ALTA Survey.doc Page 1 of 2 Exhibit A to Republic Services/Town of Marana Development Agreement THENCE SOUTHEASTERLY ALONG SAID CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 65.00 FEET, THROUGH A CENTRAL ANGLE OF 135 AN ARC DISTANCE OF 154.20 FEET TO A NON - TANGENT LINE; THENCE SOUTH 00 0 14'03" EAST, 529.30 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4; THENCE NORTH 89 WEST ALONG SAID SOUTH LINE, 551.43 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 00 0 14'03" WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 1,264.17 FEET TO THE POINT OF BEGINNING; CONTAINING 15.96 ACRES, MORE OR LESS. THE BASIS OF BEARING IS SOUTH 89 0 58'47" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, PER THE ALTA/ACSM LAND TITLE SURVEY PREPARED BY THE MATTHEWS COMPANY, JOB NO. 36506, DATED 3/23/11, AND THE RECORD OF SURVEY RECORDED IN BOOK 62 OF SURVEYS AT PAGE 67, RECORDS OF PIMA COUNTY, ARIZONA. P:Uobs\270 TANGERINE COMMERCE PARK\Legal Descriptions \15_96 Acre Parcel Description_ALTA Survey.doc Page 2 of 2 Exhibit A to Republic Services[Fown of Marana Development Agreement MARANA ORDINANCE NO. 2011.27 RELATING TO DEVELOPMENT: APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH REPUBLIC SERVICES DBA SAGUARO WASTE SERVICES FOR A WASTE TRANSFER STATION IN RANCHO PALOMITAS WHEREAS the Mal Town Council finds that the Development Agreement between Republic Services dba Saguaro Waste. Service and the Town of Marana for a Waste Transfer Station in Rancho Palomitas is consistent with the Marana General Plan, applicable specific plans, and relevant Town policies; and WHEREAS the Mal Town Council finds that the development agreement is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Development Agreement between Republic Services dba Saguaro Waste Service and the Town of Marana for a Waste Transfer Station in Rancho Palomitas is hereby approved in the form attached to and incorporated by this reference in this Ordinance as Exhibit A. SECTION 2. The Mayor is hereby authorized and directed to execute the development agreement for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL O F THE TOWN OF M ARANA, ARIZONA, this 0 day of No 0 yr 2011. Mayor E Honea i SEAT, ATTEST: �jq� APPROVED AS TO FORM: ? Jocelyin C ronson, Town Clerk 0E.Ank Cuts dy, Town A rney Mauna ordinance 201 Lxx {00028365.DOC /}