HomeMy WebLinkAboutResolution 2013-032 IGA with pima county for sewer serviceMARANA RESOLUTION NO. 2013-032
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE INTERGOVERNMENTAL SETTLEMENT AGREEMENT BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA RELATING TO THE PROVISION OF
SEWER SERVICE
WHEREAS the Town of Marana and Pima County have been in litigation since 2007
concerning the provision of sewer service for Marana; and
WHEREAS the Town of Marana and Pima County desire a settlement where all
remaining litigation issues are resolved, the Town has undisputed ownership and operation of the
Marana Wastewater Reclamation Facility and the collection system tributary to it, and
designated management areas for each respective party within Pima County are clearly defined
and established on a long-term basis, allowing the parties to make and honor necessary long-term
financing commitments related to their respective wastewater facilities; and
WHEREAS the Mayor and Council of the Town of Marana desire to preserve for the
historical record the following facts relating to the Southern Arizona Water Settlements Act
(SAWRSA) which are not contained in the Settlement Agreement approved by this resolution:
l. The 1979 intergovernmental agreement between the County and the Town under
which the County previously provided sewer service to the Town, referred to as the
"1979 IGA" in recital M of the Settlement Agreement (the "1979 Marana/County IGA"),
was approved in its final form by the Mayor and Council of Marana on Apri123, 1979.
2. The 1979 MaranalCounty IGA was a standard Pima County form agreement which
it had previously used to enter into 1977 intergovernmental agreements to provide sewer
service to the Town of Oro Valley (recorded in the Pima County Recorder's office at
Docket 5632 Page 521) and the City of South Tucson (approved by the Pima County
Board of Supervisors on May 16, 1977).
3. The Pima County Board of Supervisors approved the 1979 Marana/County IGA on
May 21, 1979, and the official minutes of the meeting bear the notation: "This Agreement
is effective May 21, 1979."
4. At the same May 21, 1979 meeting at which the Pima County Board of Supervisors
approved the 1979 Marana/County IGA, the Board also approved Pima County
Ordinances 1979-65 and 1979-66, both of which were recorded by the Pima County
Clerk of the Board on May 31, 1979.
5. �n June 5, 1979, the Pima County Board of Supervisors approved an
intergovernmental agreement with the City of Tucson relating to the settlement of the
then-pending Pima County/City of Tucson water and sewer dispute. The version of the
Resolution No. 2013-032 - 1- 4/9/2013 9:18 AM FJC
agreement approved by the Board of Supervisors on June 5, 1979 was not accepted by the
City of Tucson. Instead, the final 1979 intergovernmental agreement between the City of
Tucson and Pima County referred to as the "City/County IGA" in recital H of the
Settlement Agreement was approved by the Pima County Board of Supervisors on June
26, 1979 and recorded by the Pima County Clerk of the Board on July 3, 1979.
6. The Pima County Clerk of the Board recorded the 1979 Marana/County IGA on
August 10, 1979, at Docket 6089, Page 777.
7. The 1979 Marana/County IGA is silent about SAWRSA and does not expressly
authorize Pima County to use Town of Marana water resources for the settlement of then-
pending water rights claims.
WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Intergovernmental Settlement Agreement between Pima County
and the Town of Marana Relating to the Provision of Sewer Service attached to this resolution as
Exhibit A(the "Settlement Agreement") is hereby approved, and the Mayor is authorized to
execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the Settlement Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 9�' day of April, 2013.
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Mayor Ed onea
ATTEST: APPROVF,�AS �O FORM:
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Resolution No. 2013-032 - 2- 4/9/2013 9:18 AM FJC
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INTERGOVERNMENTAL SETTLEMENT AGREEMENT BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
RELATiNG TO THE PROVISION OF SEWER
SERVICE
This Intergovernmental Settlement Agreement (this "IGA") is entered into by and between Pima
Courity, a fiody politic and corporate of the State of Arizona (the "Courify") arid the Town of Marana, a
municipal corporation (the "Town") pursuant to A.R.S. § 1 I-952. The County and Town are sometimes
referred to collectively in this IGA as the "Parties" or singIy as a"Party."
Recitals
A. The County and the Town may contract for servicesand enter into agreements with one anather for
joint or cooperative action pursuant to A.R.S. § 11-951, et seq.
B. The County owns and operates certain wastewater reclamation facilities located in Pima County
pursuant to authority granted under A.R.S. § 11-264, including the Rillito Vista Wastewater
Reclamation Facility (the "RVWRF'�, located at 8969 West Robinson Street, Rillitq Ariwna; and
the Ina Road Wastewater Reclamation Facility {the "IRWRF"), located at 7101 North Casa Grande
Highway, Tucson, Arizona.
C. Through January 2, 2012, the County also owned and operaied the Marana Wastewater
Reclamation Facility (the "MWRF'�, located at 14393 North Luckett Road, Marana, Arizona.
D. Current ownership of the MWRF is disputed.
E. The County leases the land on which the RVWRF is situated from Arizona Portland Cement
Company, an Arizona corporation ("Landlord"), pursuant to that certain lease attached to this IGA
as Eachibit 1 dated June 23, 2005 and renewed June 30, 2010 (the "RVWRF Lease").
F. The County is the wastewater management agency identified in the Pima Association of
Governments' "March 2{?06 Areawide Water Quality Management Plan" (the "PAG 208 Plan") as
the Designated Management Agency ("DMA") for all areas of Pima County, excluding tribal lands
and excluding the area identified in the PAG 208 Plan as the Town of Sahuarita Designated
Management Area.
G. The County is subject to two Intergovernmental Agreements with the City of Tucson (the "City")
that define control of effluent produced at County wastewater treatment facilities as between the
County and the City.
H. In 1979, the City and County entered into an Intergovernmental Agreement (the "City/County
IGA"), the adopting resolution thereto recorded in the office of the Pima County Recorder on July
2, 1979, at Docket 6061, Page 920, requiring, in relevant part, that:
... all effluent from the County sewer treatment plants may be used by the City to settle or
satisfy litigation relative to water rights pending with the City at the time of closing. In
the event all the effluent is not required to settlement or satisfy litigation, City and County
agree that the effluent that is required far settlement will be provided by the City and
County on a pro-rata basis with each providing an equal proportion from the total effluent
controlled by each.
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City/County IGA, at Art. III, Sec. B.
I. Pending at e#'fective date of the CitylCounty IGA was litigation between the City, et al., and the
United States, acting as trustee for the Papago Indian Tribe, concerning alieged over-pumping of
groundwater in southern Arizona. ilnited States v. City of Tucson, D. Arizona, Case No. CIV. ?5-
39.
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J. Settlement of this litigatian was legislatively approved in the Southern Arizona Water Rights
Settlement Act of 1982 (SAWRSA), October 12, 1982, Public Law 97-293, 96 Stat. 1274, et seq.
K. As a condition of SAWRSA, the City, on October l l, 1983, entered into agreement with the United
States wherein the City agreed to assign and convey 28,200 acre feet of effluent per year to the
United States Department of the Interior.
L. The City and County entered into a second Intergovernmental Agreement (the "Supplemental
IGA"), recorded in the office of the Pima County Recorder on March 14, 2000, at Docket 11254,
Page 1533, that, in pertinent part, defines "SAWRSA EffluenY' as "the 28,200 acre feet, plus losses,
of annual effluent entitlement which the City assigned and conveyed to the United States by
contract dated October 11, 1983, pursuant to the provisions of the Southern Ariwna Water Rights
Settlement Act." Supplemental IGA, Sec. 3.12.
M. The County provided sewer service to the Town pursuant to an intergovernmental agreement
between the County and the Town recorded in the office of the Pima County Recorder on August
10, 19�9, at Docket b089, Page 77'7 (the "1979 IGA").
N. By letter dated July l 1, 2007, the Town terminated the 1979 Marana/County IGA effective January
l 1, 2008.
O. On October 17, 2407, the Town filed a declaratory judgment lawsuit against the County (Pima
County Superior Court case no. C20(}?6038), seeking a determination of the rights of the Parties
upon termination of the 1979 IGA. On December 20, 2007, the County filed a declaratory judgment
lawsuit against the Town (Pima County Superior Court case no. C20077448), seeking a declaration
Shat the Town's annexation of the MWRF was invalid. Venue was changed to Maricopa County
and the cases were consolidated as Town of Marana v. Pima Countv. Maricopa County Superior
Court case no. CV 2008-001131, (the "Marana i Case").
P. Final judgment in the Marana I Case was entered on May 2, 2012. Significant rulings from ihe
Marana I Case include:
1. The Town's 1988 election met the requirements of A.R.S. § 9-514. (October 9, 2008
Judgment.)
2. The Town has the authority pursuant to ARS § 9-240(b){5)(a) to operate a sewer system,
including the collection, transportation, treatment, and disposal of sewage. (October 9, 2008
Judgment.)
3. The County derived its authority to provide sewer service in Marana through the 1979 IGA.
Without a valid IGA, the County does not have the authority to provide sewer service within
Marana without the Town's consent. (October 9, 2008 Judgment.)
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4. The Town is entitled to own the non-flow-through sewer system in Marana, and the County is
entitled to retain ownership of the flow-through sewer system in Marana. (October 9, 2008
Judgment.}
5. The flow-through sewers in Marana are the sewer reaches depicted as flow through sewer lines
on County maps ] and 2(Hearing Exhibits 5& 6). (March 4, 2010 Ruling, Finding 182.)
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6. The non-flow through sewers in Marana are all other sewers within the jurisdictional limits of
Marana, inciuding all of the sewers tributary to the MWRF.
7. Upon compliance with a(1 appIicable regulatory requirements necessary for it to operate a
wastewater conveyance system and all proper and necessary arrangements having been made
for discharge of sewage into a wastewater treatment facility, the Town is entitled to receive all
of the non-flow through sewers in Mazana. (March 4, 2010 Ruling, Einding 183.)
8. The County is entitled to retain ownership of the MWRF. (June 7, 2010 Ruling, Finding 235.)
Q. Laws 2011, Ch. 146 ("SB 1171 ") was passed by the Arizona Legislature on April 12 and signed by
the Governor on April 18, 2011. SB 1171 allows an Arizona municipality to take ownership of
certain county-owned sewer and wastewater facilities that serve the municipality provided the
municipality's voters have authorized the acquisition pursuant to A.R.S. § 9-514 and the acquiring
municipality pays all outstanding indebtedness attributabte to the acquired infrastructure.
R. In May 241 l, the Town and the County both appealed the decision of the superior court in the
Marana I Case, and the consolidated appeals were titled Town of Marana v. Pima Caunt,�, Arizona
Court of Appeals, Division One, CV 2008-00113 l(the "Marana I Appeal").
S. On July 20, 2011, SB 1171 became effective and the Town served County with a letter requesting
the January 3, 2012 transfer pursuant to SB 1171of the MWRF and the wastewater system tributary
to it.
T. On August 19, 2011, the County fited a lawsuit challenging the constitutionality of SB 1171 in
Pima Countv v. Town of Marana (Pima County Superior Court case no. C20116094). The Town
filed a counterclaim seeking a writ of mandamus to force County to transfer the facilities and to
provide additional financial data concerning the outstanding debt related to the MWRF. Venue of
the case was transferred to Maricopa County, and the litigation is currently pending as Maricopa
County Superior Court case no. CV 2011-U99966 (the "Marana II Case"). The court has made no
substantive decisions in the Marana II Case.
U. Pursuant to SB 1171 the Town took possession of the MWRF on January 3, 2012 and has since that
date operated it and collected and retained all fees from customers served by the MWRF.
V. To date, the County has not consented to the transfer of the MWRF's operating permi#s to the
Town.
W. On January 3, 2012, the Town and the Arizona Department of Environmental Quality ("ADEQ")
entered into a consent order (ADEQ Director's Docket No. P-01-12) relating to the Town's
operation of the MWRF. The consent order was amended on April 12, 20t2 to expand the Town's
available sludge handling options.
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X. In response to the County's refusal to transfer the MWRF operating permits to the Town, the
Arizona Legislature passed Laws 2012, Ch. 303 (SB I532) which, in part, requires ADEQ to
immediately transfer operating permits to a municipality that acquired a wastewater utility pursuant
to SB l 17 L
Y. On June 14, 2012, the Arizona Court of Appeals issued its opinion in the Marana I Appeal. Town of
` ]llarana v. Pima County, 230 Ariz� 142 (Div: l, 2d12): The opinion reversed the superioi courf's
ruling that the 1988 Town voter authorization election satisfied ths requirements of A.R.S. § 9-514,
and instead held that the t988 voter authorization did not sufficiently idenrify the facilities being
acquired to satisfy A.R.S. § 9-514. The opinion upheld the remainder of the superior court decision.
Z. SB 1532 became effective on August 2, 2012. To date, ADEQ has not transferred operating permits
to the Town.
AA. On December 4, 2012, the Arizona Supreme Court denied review of the Arizona Court of Appeals
opinian in the Marana I Appeal, and the final judgment entered on May 2, 2011 in the Mazana I
Case, as modified by the Court of Appeals opinion, is now final.
BB. On December 10, 2012, the Town delivered a check to the County, satisfying the monetary portion
of the final judgment entered on May 2, ZOl l in the Marana I Case.
CC. On December 18, 2012, the County requested in a settlement offer (now consummated by this IGA)
that if the Town were to operate the MWRF that it also take over ownership and operation of the
RVWRF and its service area, located adjacent to the MWRF service area and many miles distant
from the IRWRF service area.
DD. The Town placed two questions on the Town's regularty scheduled March 12, 2013 primary
election ballot seeking voter authorization of Town's acquisition of the MWRF and the RVWRF,
and both measures passed.
EE. The Parties desire a settlement where all remaining litigation issues are resolved, the Town has
undisputed ownership and operation of the MWRF, and designated managernent areas for each
party within Pima County are clearly defined and established on a long-term basis, allowing the
Parties to make and honor necessary long-term finaczcing commitments related to their respective
wastewater facilities.
FF. At the Town's request and in anticipation of the settlement consummated by this IGA, HB2492 was
introduced in the 2013 legislative session. HB2492 was passed by the Arizona Legislature and
signed by the Governor on March 28. HB2492 repeals SB1171 and the portion of SB1532 relating
to wastewater facility permits, conditioned upon the Parties entering into the settlement
consummated by this IGA and effective upon the Parties notifying legislative counsel that they
have reached a settlement.
GG. The County Board of Supervisors, in approving this IGA, has determined that the County
wastewater assets subject to transfer to the Town under the terms of this IGA are inexpedient for
use in connection with the County's remaining wastewater system.
NOW, THEREFORE, the County and the Town, pursuant to the foregoing recitals, which are
incorporated into and are deemed part of this IGA, mutualty agree as foliows:
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Agreement
1. Purpose. This IGA is intended to resotve all outstanding litigation between the Parties related to
wastewater management within the Marana area and to define each Party's role in managing
wastewater generated within the Marana area.
-- Z: - Ef3'ective Date. This-1GA will be effective on -the date it is fully exeeut$d by both Parties (the - -
"Effective Date").
3. Marana II Case. Within five business days after the Effective Date the Parties will file a joint
motion to place the Marana II Case on the Court's inactive catendar. All other actions, including
discovery and disclosure requests and obligations will be suspended pending Close of Escrow (see
paragraph 10 below). Within five business days following Close of Escrow, the Parties witl file a
joint motion to dismiss the Marana II Case, with each party bearing its own costs and attorneys' fees.
If this IGA terminates by virtue of Close of Fscrow not occurring on or before December 31, 2014
(see paragraph 4.1 below), either Party may request removal of the Marana II Case from the inactive
calendar.
4. Term.
4.1. This IGA will terminate at 5 p.m. Mountain Standard Time on December 31, 2014 if Ciose of
Escrow does not occur on or before that date and time.
4.2. This IGA will remain in full force and effect until the 50�' anniversary of the Effective Date of
this IGA unless terminated sooner pursuant to Section 4.1 above.
5. Notice to Legislative Counsel. Within five business days following the Effective Date of this IGA,
the Parties will notify the Arizona legislative counsel that the Parties have reached a settlement
conditioned upon the repeal of SB 1171 and that portion of SB 1532 relating to wastewater facility
permits.
6. Escrow. At any time but not later than five calendar days after the Effective Date of this IGA, the
Parties will open escrow ("Escrow") with Fidelity National Title Company, Ine., 6245 East
Broadway, Suite 200, Tucson AZ 85711, attention Judy Kaiser {the "Escrow Officer"). The Town
will pay all escrow fees and any costs of titie insurance the Town chooses to obtain for facilities and
properties which are the subject of this IGA.
7. Conveyance of the MWRF and RWVRF. Within 20 calendar days after the Effective Date of this
IGA, the Caunty wil( deliver into Escrow the following documentation retating to conveyance to the
Town of: (1) the MWRF and its associated lands and property rights (fee title to Parcelsl and 2, and
easements over Parcels 3 and 4, as described and depicted in Exhibit 2); and (2) the RVWRF and the
wastewater assets located at or tributary to it:
7.1. A special warranty deed for the MWRF and its associated lands in the form attached to this
IGA as Exhibit 3.
7.2. An assignment/assumption agreement assigning to the Town any waivers from neighboring
iandowners that benefit the operation of the MWRF (including an assignment of the waiver
provided by the City of Tucson with respect to a parcel of property at the southeast corner of
Parcel 2).
7.3. A quit claim deed relinquishing to the Town all County wastewater assets tributary to the
MWRF. "
7.4. An assignment/assumption agreement assigning the County's interest in the RVWRF Lease to
Town (the "Lease Assignment"), tagether with the Landlord's consent to the assignment.
-- -- -- -7:5� A-quit-claim deed relinquishing to Town all the County's interest -ir� -any- wastewater -assets -- -- -
Iocated at or tributary to the RVWRF.
The conveyance of Parcel 2 is being made subject to the rights of the tenants under two existing
leases affecting Parcel2, copies of which have been provided to the Town.
8. Town Quit Claim of Wastewater Facilities in County DMA Area. Within 20 days after the
Effective Date of this IGA, the Town will deliver into Escrow a quit claim deed relinquishing to the
County the Town's interest in any wastewater assets located within the area depicted in Exhibit 4 as
the County DMA.
9. Systera Purchase Amount. Within 90 calendar days after the County delivers into Escrow the
documentation described in paragraph 7, the Town will deliver into Escrow immediately available
funds in equal to the sum of the following:
9.1. $779,255 (being the $825,255 paid by the County on July 1, 2012 according to the debt
schedule attached as Exhibit 5 minus the $46,000 the Town paid to the County by letter dated
January I0, 2012), plus interest at one percent plus the prime rate from July l, 2012 through
Close of Escrow, unless such amount was previously paid by the Town as set forth in paragraph
12 below.
9.2. $272,357 plus interest at one pereent plus the prime rate from 3anuary 1, 2013 through Close of
Escrow, unless such amount was previously paid by the Town as set forth in paragraph 12
below.
9.3. The amount of any debt service payment made by the County between January 1, 2013 and
Close of Escrow with respect to the debt obligations listed on Exhibit 5, plus interest at one
percent plus the prime rate from the date of each such payment through Close of Eserow, unless
such amount was previously paid by the Town as set forth in paragraph 12 below.
9.4. An amount that would, if invested as of Close of Escrow in a defeasance trust, be sufficient to
pay, in a timely manner, a11 principal and interest payments for the debt obligations listed on
Exhibit 5 that come due on and after Close of Escrow, assuming that the outstanding principat
amount of each such obligation will be paid in full on the first available early redemption date
set forth on Exhibit 5. This amount will be calculated assuming that the trust would be funded
with state and local government securities (SLGS) with appropriate maturity dates (given the
debt service payment dates listed on Exhibit 5) that generate the yields published for such
SLGS by the U.S. Department of the Treasury for the date that is one week prior to Close of
Escrow {https:l/www.treasur diY rect.gov/GA-SL/SLGS/selectSLGSDate.htm).
10. Close of Eserow. The day the Town delivers into Escrow the System Purchase Amount described in
paragraph 9 above is the "Close of Escrow." On the Close of Escrow, the Escrow Officer will:
10.1, Release to the order of the Finance Director of Pima County the System Purchase Amount
described in paragraph 9 above; and
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10.2. Record in the office of the Pima County Recorder the documentation described in paragraph 7
above relating to the conveyance of the MWRF and its associated lands and property rights and
to the conveyance of the RVWRF and the wastewater assets located at or tributary to it; and
10.3. Record in the o�ce of the Pima County Recorder the documentation described in paragraph 8
above relating to the Town's quit claim deed for assets located in the County DMA area.
11: 1VIWRF Permits. Nof later than one calendar week after C1ose of Escrow, the County wi11 execute
any and a(1 documentation necessary to request, consent, and/or confirm ADEQ's transfer of the
County's MWRF and RVWRF operating permits to the Town.
12. Option to Prepay Some of the System Purchase Amount. The Town will have the right, but not
the obligation, to pay to the County any ar all of the amounts set forth in subparagaphs 9.1, 9.2, and
93, at any time prior to the Close of Escrow. If the Town elects to pay such amaunt, the Town wiil
be obligated to pay interest on that amount only through the date of payment rather than th�rough the
Close of Escrow, and any such amount will not be included in the calculation of the System Purchase
Amount (paragraph 9 above} at closing.
13. Operation and Ownership of the RVWR.F. The Town will take over the full rights and
responsibilities for the ownership and operation of the RV WRF from and after the Close of Escrow.
14. Reciprocal Right-af-Way Licenses. Not later than 30 days after Close of Escrow, each party will
grant and deliver to the other Party a right-of-way license agreement, in the form attached as Exhibit
6, pursuant to which each Party will grant a license to the other to install, extend, enlarge and
maintain sewage conveyance system infrastructure within public rights-of-way controlled by the
Party granting the right-of-way license.
15. Post-Closing Obligations. The Parties have the following continuing obligations after Close of
Escrow and during the Term of this IGA:
15.1. Annexation. The County will, if requested by Town, cansent to annexation of Parcels 1 and 2,
described and depicted on Exhibit 2, into the jurisdictional limits of the Town.
15.2. PAG 208 Plan Amendment. The County will cooperate with and support the Town in its
efforts to obtain an amendment to the PAG 208 Plan designating the Town as the Designated
Management Agency for those areas identified on Exhihit 4 as the Town's DMA.
153. Provision of Sewer Service; Management Areas.
153.1. Coun . The County will provide sewerage conveyance and treatment service to all
properties within the area depicted in Exhibit 4 as the County DMA based on specific
land uses and densities approved by the Town, subject only to available conveyance
and treatment capacity. The County is and will remain the Designated Management
Agency for all areas of Pima County except those areas identi�ed on Exhibit 4 as the
Town's DMA and will provide sewage treatment and conveyance services to new and
existing customers within alt areas of the Town where it remains the Designated
Management Agency. The County will set and co(lect sewer connection and user fees
for customers served by the County, incIuding those County customers located within
the current and future jurisdictional limits of the Town, either itself or through a
separate sewer user fee coltection services agreement with the Town. The County will
have full authority to enforce its sewer-related ordinances, as they now and may exist,
within those areas of the Town that are also within the County's DMA.
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15.3.2. Town. The Town will provide sewage conveyance and treatment service to all
property within its DMA and will set and cotlect sewer connection and sewer fees for
customers served by the Town. The Town will have full authority to enforce its sewer-
related ordinances, as they now and may exist, within those areas of unincorporated
County that are also within the Town's DMA.
_ __ _..._ __ _]5:3:3� Service in Boundarv Areas:. The Town_and_1he Gounty_will.cooperatively plan-for ___ __
provision of sewer service in areas near their eommon DMA boundary. The Town and
the County may agree to seek changes ta DMA boundaries or, in the atternative, by
intergovernmental agreement agree to provide inter-DMA sewer service when service
efficiency, based on engineering criteria, justifes such action.
15.3.4. Sa�;uaro Bloom. The area referred to in this IGA as "Saguaro Bloom" (being the
current and future development of the land area depicted in the block subdivision ptat
t.itled "Saguaro Springs Blocks 1 thru 10 & A thru D and Lots t thru 9& A and B,"
recorded in the Pima County Recorder's office at Book 58 of Maps and Ptats Page 23)
is included in the County's DMA until such time as the Town adds sewer lines
enabling it to provide service to Saguaro Bloom. The Parties agree to the inclusion of a
provision in the Town's PAG 208 Plan amendment that automatically transfers the
Saguaro Bloom into the Town's DMA once the Town is capable of providing sewer
service to Saguaro Bloom.
15.3.5. DMA Exnarision/Flow Diversion. Other than as specifically set forth in this IGA,
neither Party wilt seek to expand its DMA into the other's DMA, or divert existing or
future wastewater flows from the other's DMA.
15.4. �ffluent from Marana Utiliries Department Dischar e� s to IRW'RF. County will suppart the
Town's efforts to get beneficial use, consistent with the existing IGAs between the City of
Tucson and Oro Valley and between City of Tucson and Metropolitan Domestic Water
Improvement District (the "Effluent IGAs"), of as much effluent as possible generated from
Marana Utilities Department potable water deliveries ultimately discharged to the IRWRF
provided, however, that atl such water is subject to deductions for Southern Arizona Water
Rights Settlement Act (SAWRSA) purposes, the Conservation Effluent Pool, and for the
County's ten percent share, consistent with the Effluent IGAs. �
15.5. APP Amendment. The Town will accept and act in accordance with the County's approved
Aquifer Protection Permit (APP) amendment pending with ADEQ, or reach a suitable
alternative arrangement with ADEQ to expand the MWRF so as with little or no delay to keep
up with the market demand for new connections to the MWRF. The County hereby assigns to
the Town all the County's rights in and to the plans prepared for the County by Stantec
Consulting Services, Inc., pursuant to County Contract no. 137487, subject to Stantec's
approval of such assignment. The County gives no warranties of any kind with respect to these
plans.
I5.6. Effluent from Marana Utilit,y Department discharg;es to MWRF. The County acknowledges
that the Town asserts that it is not bound by the terms of the CitylCounty IGA and the
Supplemental IGA regarding SAWRSA contributions frorn MWRF effluent. The Town wiIl
indemnify, defend and hold harmless County from all legal actions by third parties (including
the City} seeking to enforce provisions of the City/County IGA and the Supplemental IGA
potentially requiring SAWRSA contributions from the MWRF effluent.
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16. Miscell�neous Terms
16.1. Comptiance with Laws. The Parties will comply with all federal, state and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated within this
IGA. The laws and regulations of the State of Arizona will govern the rights of the Parties, the
performance of this IGA and any disputes hereunder.
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16.2. Non-Discrimination. The Parties will not discriminate against any person in any way because
of that person's age, race, creed, color, religion, sex, disability or national origin in the course
of carrying out their duties pursuant to this IGA. The Parties will comply with the provisions of
Executive Order 75-5, as amended by Executive Order 2009-09, which is incorporated into this
IGA by reference, as if set forth in full herein.
16.3. ADA. The Parties will comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
16.4. Severabilitv. If any provision of this IGA, or any application thereof to the Parties or any
person or circumstances, is held invalid, such invalidity will not affect other provisions ar
applications of this IGA which can be given effect, without tlie invalid provision or application
and to this end the provisions of this IGA are declared to be severable.
16.5. Mutual Indemnitv. The County agrees to indemnify and hold the Town and its agents, officials
and employees, harmiess frorn and against any expenses, claims, liability and damages that are
suffered or incurred by the Town as a result of any negligent or intentionally wrongful acts of
the County or a County employee, agent, or contractor, with respect to, and during, the
County's operation of the MWRF and the RVWRF. The Town agrees to indemnify and hold
the County and its agents, officials and employees, harmless from and against any expenses,
claims, liability and damages that are suffered of incurred by the County as a result of negtigent
or intentionally wrongful acts of the Town or a Town employee, agent, or contractor, with
respect ta, and during, the Town's operation of the MWRF and the RVWRF.
16.6. Con#lict of Interest. This contract is subject to cancellation for conflict of interest pursuant to
A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference.
16.7. Worker's Compensarion. Bach Party will comply with the notice of A.R.S. § 23-1022 (E). For
purposes of A.R.S. § 23-1022, irrespective of the operations protocol in place, each Party is
solely responsible for the payment of Worker's Campensation benefits for its employees.
16.8. No Joinf Venture. It is not intended by this IGA to, and nothing contained in this IGA will be
construed to, create any partnership, joint venture or employment relationship between the
Parties or create any employer-emptoyee relationship between the County and any Town
employees, or between the Town and any County employees. Other than as specifically set
forth in paragraph 9 above, neither party is liable for any debts, accounts, obligations or other
liabilities whatsoever of the other, including (without limitation} the other Party's obligation to
withhold Social Security and incame taxes for itself or any of its emptoyees.
16.9. No Third Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to
or rights in third parties not Parties to this IGA or affect the legal liability of either Party to this
IGA by imposing any standard of care with respect to the maintenance of public facilities
different from the standard of care imposed by law.
9
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�xhibit .t �SU�t� (e�e �i�h ��i��r� Pe��nd ��nt Cc��pa�� �i th� �t�'t�F
��hi�bi�; � � 1��s��p�i�ns c�f M�!� ��d, i�s i�� la�nds �n� l�a�� �
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Exhibit 1
To Settlement Agreement between
Tawn of Marana and Pima County
RWRF Lease
N0. �,� •%3�.��'.�- o �as
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AM�NDt�f�NT N0, _
Thls nur �aer must ao�:ac on all
invo(ces. co�ress:�a3-c� and
LEASE documents ae-=a:��r; �c lhis
coMract.
This Lease is made and entered into tfiis ?� of June, 2Q05, by and between Arizona
Portland Cement Com�any, an Arizona corporation, and a division of California Portland
__ __ _ __ _ _ __ __ _ __ _ _____._ . _ ___
Cement Company ("Landlord'� and Pima County, a bod.y politic and corporate of the State of
Arizona ("TenanY').
l. Leased property. Landlord hereby leases to Tenant, subject to the terms and conditions
set forth below, the following described real properiy {the "Prernises") situated in Pima County,
Arizona, and shown on Attachment A:
A portion of the Southwest Quarter of the Southeast Quarter in Section 6, Township 12
South, Range 12 East, G.&S.RB.&M, Pima County, Arizona, being more particularly
described as follows:
COMMENCING at the Southwest corner of Rillito Vista Subdivisian as reenrded in
Book 21, Page 76, of Maps of the office of the County Recorder of Pima County,
Arizona; THENCE South 00° 17' 43" East, 92.00 feet; T�iENCE Atorth 89° 48' 10" East,
72.50 feet to the TRUE POINT OF BEGINNING; THENCE South 00° 1?' 43" East,
3'70.00 feet; THENCE North 89° 48' 10" East, 635.00 feet; THENCE North OQ° 17' 43"
West, 412.00 feet; THENCE South 89° 48' 10" West, 504.50 feet; THENCE South 00°
17' 43" East, 42.00 feet; THENCE Sauth 89° 48' 10" West, 130.50 fect to the TRLTE
PO1NT OF BEGINNING. The above described pazcel contains 5.88 acres.
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2. Term. The term of this Lease shall be for a term of 5 years commencing on July l, 2005
and ending on June 30, 2010, unless sooner terminated ar extended as provided herein.
3. Options to extend. Owner grants Lessee options to extend the term af this Lease for two
additional 5 year periods upon written notice delivered to �wner no later than five months in
advance of a termination date, provided that Lessee is not in defautt of any of the terms and
conditions of this Lease. Any lease extension shall be under the same terms and conditions,
except that rent shall be adjusted as set forth below.
4. Reat.
a. .Rent, f'or initial term. During the initial term Lessee shall pay to Owner, as rent
for the Premises, S 1,573.22 per year payable annually, in advance.
b. First and annual payments, for initial term. The first annual rent payment for the
period frarn July 1, 2005 to 3une 30, 2006, shall be due and payabte within thirty
days after the execution of this Lease. Future rental payments shali be made to
Owner annually on or before July 1 of each year during the term hereof.
c. The amount of the rent for an extension term shall be the amount of rent paid
during the initial term or prior extension term, adjusted to refle�t any increase or
decrease in the CPI-U Consumer Price Index, as published by the Bureau of
Labor Standards. In no event shall the increase or decrease exceed 5% per
annum. The rental for the first extension term shall be determined by taking the
Apri12005 CPI-U Consumer Price Index as the denomanator, and the CPI-U
_ _ _ _ __ __ _ _ _ __ ____ _ _ _ _ __ __
figure for April 2010, as the numerator and multiplying the product by montlzly
rent under the initial term of this lease. The resultant rent, subject to the S% per
annum limitation, shall be the monthly rental for the extended term. The rent far
the second extension term shall be similarly adjusted, using the Apri12010 and
the April 20I5 CPI-U figures, apptied to the rent for the 1 extension term.
d. Payment address. Rentals are payable to:
Arizona Portland Cement Company
P.O. Box 338
Rillito, Arizona $5654
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5. Option to terminate. Lessee shall have the option to terminate this I.ease effective on
June 30`� of any yeaz, by delivering to Owner written notice not later then April 1 o:f such year.
6. Nuisanee. It is understood that Lessee intends to maintain sewage disposal facilities on
the Premises. Lessee agrees that it will naaintain and operate the facilities in good and
workmanlike manner and in compliance with all applicable health laws and regulations. Lessee
further agrees that it will maintain and operate the facilities so as not to ca.use a public or private
nuisance. In the event that Lessee operates or maintains the facilities so as to cause a public or
private nuisance, Owner may deliver to Lessee a written demand that such nuisance be abated.
In the event the nuisance is not abated within thirty days from the delivery of the demand, Owner
may terminate this Lease, retaining aIl rentals that shall have been received by Owner. Such
termination shall be effective immediately upon receipt by Lessee of Owner's written election to
terminate.
7. Aecess and noninterference by Owner. Owner shall have access to the Premises during
r.egular office hours of the Pima County Wastewater Management Department upon making
reasonable prior written request. Owner shall not unreasonably interfere with the operations of
L,essee.
8. Condition upon termination; Cleanup. At the expiration or other termination of this
Lease, for any cause whatsoever, Lessee agrees to leave the Premises in a good, clean and safe
condition, as may be required by applicable health and safety laws and regulations. Lessee
assumes all responsibility for any reclamation necessary to meet this obligation. However,
parties agree that, Lessee shail be responsible for only the cleanup limited to and arising out of or
from Lessee's use of the Premises.
9. Hold harmless. Lessee shall indemnify, defend at its own cost and hold Owner harmless
from and against any and all suits, actions, legal or administrative praceedings, claims, demands
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or damages of any kind or nature which arise out of any intentionally wrongful or negligent act
or omission of Lessee in its operations upon or maintenance of the Premises. This paragraph 9
shall specifically include, but shalt not be limited to, any environmental claims made against
Owner as a result of, on account of or in any way arising from the discharge by Lessee of any
material upon the Premises, except for material discharged to, or deposited upon, the Premises
by Owner.
_ _ __ __ _. _ __ _ _ __ _ _ _._ __ _ _. . . ._ ...
10. Consent for assignment or sublease. This Lease shall not be assigned nor shall the
Prernises be sublet without the prior written consent of Owner.
11. Successors and assigns. This Lease shall be binding upon and shall inure to the benefit
of the successors and assigns of the parties.
12. Notice. Whenever in this Lease it shall be required that notice or demand be given or
served by either party, the notice or demand shall be in writing and shall be delivered personalty
or forwarded by registered or certified mail, postage prepaid, addressed as follaws:
To Owner: Arizona Portland Cement Company
P.O. Box 338
Rillito, Arizona 85654
Attenfion: Plant Manager
With a copy to:
California Portland Cement Company
2025 E. Financial Way
Glendora, CA 91741
Attention: Property Manager
To Lessee: Pima County Administrator's Office
13Q W. Congess, lO Floor
Tucson, Arizona 85701
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With copy to:
Pima County Real Property Services
Property Management Division
201 Narth Stone Avenue, 6` Floor
Tucson, Arizona 85701
or elsewhere, as the parties znay from time to time designate in writing. Any notice given by
certified or xegistered mail shall be deemed to have been given three business days after having
been deposited in the United States mail.
13. Headings. The descriptive headings used in this Lease are for convenience only and
shall not be used in construing this Lease.
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I4. Entire Agreement. This Lease is intended by fhe parties as the final expression vf the
parties with respect ta the subject matter hereof and supercedes any prior written or oral
agreements.
1 S. SeverabiIity. The unenforceability, invalidity or illegality of any provision of this Lease
shall not render any other provision unenforceable, invalid or illegal.
__ _ _ _ _ _ _ _ _ __ __ _ _ __ _ __ _ __ _ _
16. Conflicts of Interest. This Lease Agreement is subject ta provisions of ARS 38-511
regarding the cancellation of contacts involving conflict of interest.
In witness whereof, the parties have executed this Lease the day and year first above
written.
ARIZONA PORTLAND CEMENT C4MPANY
B �A,,,-L-mC 7'l. �
AS: ,'�.��..�f �9,ay✓,� ��
State of Arizona
County of Pima
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This instrument was acknowledged before me this �'"�" day of ��<< <=-. , 2005, by
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My Commission Expires:
J ZU-DS"�
Recommended to the Board of
Supervisors for Approval:
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Approved and accepted by Fima County.
N�II
Chair, Pima County Board of Supervisors
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Attest:
� PROCt�REMENT DlRE::"i'v��t
AUC 0 3 2005
4
N�R
Clerk of the Board of Supervisors
Revzewed by:
__ __ __ _ .. _._ _ _ _ _ __ _ __ _... .... ___ __ ._ __ ...... ..
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Mic Gri , irector
Wastewater Management
Approved as to form:
Dep nty Attorney
LxaseArizonaPortiandCemenGiw
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5
• � �SECTION 6
TOWNSHIP I2 SOUTH
R.AN G E 12 EAST
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SUBJECT AREA
_ ____ ____ __ _ _ __
SECTtON B
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PIMA COUNTY, AR3ZONA
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N LEASED PARCEL
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I� PIMA COUNTY DEPARTMENT OF TRANSPORTATION
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TECHNICAL SERVICES DIVISInN
TENAM':
PROJECT:
Pima County, a body pol;tic
Riqito Vista Wastewater Treatment
Pt�nt Site — Liquid Waste
LANDLORD: Caiifomia Portland Cement Company
aka Arizona Portland �ement �ompany
Vsta West and Pond
LEASE AMENpMENT N0.1
WHEREAS, COUNTY, as Tenant, and landiord have entered into tease for vacant land ctated June 23, 2005,
and Pima Couniy Contract No.136753-0705.
WH�REAS, COUNTY has given notice to Landiord of its exercise of the first extension period of & y�ars,
MOW, THERE.�ORE, it is agreed as fotlows:
Paragraph 4(c) — Rent for Ftrst Option Term shalt be: 1 608.00 per year.
The effective date of this amend shait be June 30, 2010.
Ait other provisions of the Lease, not speci�iceily changed by this amendment shaN remain in effect and be
binding upon the parties.
IN WITNESS THEREOF, the parties have affixed their signature to this amendment on the dates written
bBJOW.
PIMA COUNTY
hA� �
Procurem Dir tor
Date: `� / �
D pe�nt of Wastewater Man�eme
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prov �,o for `.�
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f7eputy Cou�ty Att
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aRiG. LEASE 'i'ERM: 6/23l05 to 6/30/2010
TERMtNA'i'!ON pATE:
PR10R AMEAiDMEN1'S; None
__
TERMtNAI'ION DA7E
'i'I�tlS AMENDMENT: 6/30/2015
ABOUTTHlS AMENDM�NT:
LEASOR: CalPortiand Company,
By: Arizona� �Cement Co�
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Signature
��Wi.D /✓. ,�; rr�L /�I.A•JP' f�i��`'�'�
Printed Name and Title
Date: �,
CONTRACT
�o./�uy•l�•,��4�'a�• di�.;
AMENDM�NT ;Vt?. _ d,.�,�_
This number must appear on ali
invoices, cocrespondenca snd
documents pe�taining to this
contract.
LeaseAmendmentRillitoViste.ab
` � � EXHIBIT 2
� � • • 13 Apri12012
;,�; o .�a Legal Descript�ons
Pim� County
Sarvey
_ _. .__ . __ _ _ _ _ ._. __ . _ _ ___ _ _ __. _..__ _ _
PARCEL 1
Atl that portion of the Southeast Quarter of Section 14, Township l 1 South, Range 10 East, Gila
& Salt River Meridian, Pima County, Arizona, and beiug a portion of that parcel as described in
Docket 4932 at Page 462, rnore particularly described as follows:
COMENCING at the southeast carner of said Section I4, a IJ2" rebar untagged, to which the east
one quarter corner, a found %z" rebar with Pima County ties, bears North OQ°19'41" West a distance
of 2632.29 feet, being the Basis of Bearing as established from the Arizona Coordinate System,
1983 (HARN92), Central Zone 0202;
THENCE along the east line of said Section 14 North 04°19'41" West a distance of 635.13 feet;
THENCE South 89°40'19" West a distance of39.63 feet to the POINT UF BEGINNING;
THENCE South 4b°36'S2" West a distance of 23.37 feet;
THENCE South 49°46'02" West a distance of 8.8b feet;
THENCE Narth 43°l9'03" West a distance of 6.72 feet;
THENCE South 89°32' 14" West a distance of 253.34 feet;
THENCE North 04°SS'S6" West a distance of 18.66 feet;
THENCE South 89°�6'Ol" West a distance of 349.87 feet;
THENCE North 26°21' I8" West a distance of 106.3G feet;
THENCE North 26°50'27" West a distance of 12.�5 feet;
THENCE North 25°55' l4" West a distance of 19.32 feet;
THENC� North 66° 19'20" West a distance vf 60.77 feet;
TI�ENCE North �8°04'S2" West a distance flf 8.79 feet;
THENCE North 28°05'23" West a distance of 9.53 feet;
THENCE North 18°30'41" East a distance of 8.78 feet;
Exhibit 2- Page 1 of 12
" THEi�iCE North 2$°37'42" East a distance of i?.93 feet;
THENCE North 20°12'48" East a distance af 7.85 feet;
THEt�TCE North 02°38' l 7" East a distance of 17.62 feet;
THENCE North 26°l6'09" West a distance of255.35 feet;
___ _ _ _ _ . . _ __ _ _ __
THENCE North 16°41'49" West a distance of 17.87 feet;
THENCE North 07°23'44" West a distance of 9.2Z feet;
;._ _.
THENCE North 52°1b'�S" East a distance of'75.49 feet to a poir�t on a line 164,64 feet south of
and parallel with the north line of the southeast quarter of the southeast guarter of said Section 14
and being the south Iine of that parcel as desaribed in Docket 12774 at Page 60b4 of recard in the
office of the Pima County 12.ecorder;
THENCE a2ong said parallel line North 89°38'42" E�st � distar�ce of 801.27 feet;
THENCE Sauth 00°2b'24" East a distance of 455.13 fe?et;
THENCE South O1°00'S0" East a distance of 6t.22 feet to the PUII�IT OF BEGINNING.
" 27755 '
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REMBLAY
Expires 31 March 2U15
Exhibit 2- Page 2 of 12
,
DEPICTION OF PARCEL 1
(Treatment Plant)
E � COR
SEC. 14
2U8-12--002C
_ _ __ DKT.12774 PG.6064
_ _ _ ___ ._. __ __ _ __ _ .. .__.. __ __ _.. . __.._ _ _ _ _
i PARCEL 1 �
'//////// /
� EATMENT PLANT
/////////
/ 9.07 ACS +/— ;
208-12—Q10C
DKT.4932 PG.482
SEC. 14 _ SE COR �
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Exhibit 2- Page 3 of i2 SEC. 14
P�MA COUNTY SURVEY
A PORTTON OF PARCELS i AND 2 D�CKET 4932 PAGE 462
LOCATED IN SECTION 14, TOWNSHIP 11 SQUTH, RANGE I0 EAST,
GILA AND SALT RIVER M�RIDIAN, PIMA COUNTY, ARIZQNA
Scate: 1" = 200' Dai.e: 18 April 2012 Drawn By: DRT Sheet 1 of i
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Pima County
Survey
PARCEL 2
28 Febnaary 2013
All that portion of those parcels d�cribed in Docket 4932 at �Page 462, Docket 12774 at Page 6064,
Docket 12782 at Page 1395, Docket 12850 at Page 1288, Docket 13286 at Page 549 and. Docket
13558 at Page 3337 of record in the of�ce of the Pima Caunty Recordex and being a portion of the
Southwest Quarter of Se�tion 13, the Southeast Quarter of Section 14 and the Northeast Quaxter o€
the Northeast Quarter of Section 23; Township 11 South, Range 14 East, C�ila & Satt River
Meridiati, Pima County, Arizona, more particularly deseribed as follows:
BEGINNING at the southeast corner of said Section 14, a 1/2" rebar untagged, to which the east
one quarter corner, a found'/a" rebar with Fima County t3es, bears Nordz 00°19'41" West a distattce
of 2632.29 feet, being the Basis of Bearing as established from the Arizona Coordinate System,
1983 (HARN92), Cen�ral Zone 0202;
THENCE along the east line of said Section 23, being the easf line of that parcel described in said
Dacket 12782 at Page 1395, Soufh 00°19'47" East a distancs of 381.4� feet;
THENCE South 89°32' 14" West a distance of 319.09 fe,et;
THENCE North 00°27'46" West a distance of 18.60 feet;
THENCE South 89°46'41" West a distance of 168.48 feet;
THENCE North 30°07'46" West a distance of 79.74 feet;
THENCE North 07°07'29" West a distance of 127.58 feet;
THENCE North 14°02' 10" West a distance of 293.63 feet;
THENCE North 10° 18' 1$" West a distance of 265.44 f�t;
THENCE North 03°38' 14" West a distance of 25$.19 feet;
THENCE North 89°46'01'" East a distance of 349.87 feet;
THENCE South 04°55'S6" East a. distance of 18.66 feet;
THENCE North 89°32' 14" East a distance of 253.34 feet;
THENCE South 43°19'03" East a distance of6.72 feet;
THENCE Narth 49°46'02" East a distance of 8.86 feet;
Exhibit 2- Page 4 of 12
THENCE North 46°36'S2" East a distanc� af 23.37 feet;
TH�NCE North O1°00'S0°' West a distance of 61.22 feet;
THENCE North 00°26'24" West a distance of 455.13 feet to a point on a line 164.64 feet south of
and parallel w�t�a the north iine of the southeast quarter of the southeast quarter of said Section 14
and being the south line of Parcel Exhi"bit "A" as described in Docket 12774 at Page 6064;
_. __ THEiYCE_along sai.d parallei line South 89°38'02" West a da:stance of i281:50 feet to ttie __ _ __ _.
suuthwest corner of that parcel desaxibed 'un Docket I2850 at Page 1288 being a point on the west
line of the southeast quarter of the southeast quarter of said Section 14; �
THENCE aiong the west line of said southeast quarter and said parcel North 00°t9'41" West a
distance of 164.b4 feet to the northwest comer of said parcel and said southeast quarter of the
southeast quarter;
THENCE along the north line of said soutkzeas# quarter and the north line of said �arcel Noxth
89°38'Ol" East a distance of 130.00 feet to the northeast corner of said parcel and southwest corn�r
of Parcel Exhibit "C" described in Docket 12774 at Page 6064;
THENCE along the west line of said parcel Noz�fh 04°?�9'41" West a distance of 835.36 fe�t;
THENCE North 89°38'02" East a distance af 1192.75 feet to a point on the east line of said
Section 1.4;
THENCE along said east line South 00° 19'41" East a distance of 5.44 feet to the north west corner
of that parcel described in Docket 1355$ at Page 3337;
TH�NCE along the north line of said parcel South 89°52°43" East a distance of 1004.Q3 feet to the
northeast corner af said parcel; .
THENCE along the east line of sa�id parcel South� (�° 19'41" East a distance of 2146.07 feet to tlxe
southeast comer of said �rcel on the south line of said Section 13;
THENCE along said south line of Section 13 and south line of said parcel North 89°S2'43" West a
distance of 1004.03 feet to the POINT OF BEGINNING. .
" 27755 =
DANIEL R.
'CREMBLAY
Expires 31 AAarch 2095
Exhibit 2- Page 5 of 12
VANDERWEIDE
208-12-004G
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208-12-001N � i
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PIMA COUNTY
208-12-004C
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PIMA COUNTY �
208-12-010C �,rG
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TftEATMENT
PLANT
Ri0 CLARO 17.23334%
& COWLEY Cl?MPANIES
208-09—OlOJ
PARCEL 2
24
COT
208-14-0020
SE COR
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PIMA COUNTY SEC. 14
208-12-013C
��;!'Tf,� SETBACK PARCEL AREA (PARCEL 2)
���! 91.52 ACS. +/—
Exhibit 2- Page 6 of 12
PIMA COUNTY SURVEY
A PORTION OF SECTIONS 13, 14, & 23
TOWNSHIP 11 SOUTH, RANGE 10 EAST,
GILA AND SALT RIVER MERIDIAN,
PIMA COUNTY, ARIZONA
Scale: 1" = 500' DaEe: 26 February 2013 Draxn By: DRT 3heet i oi 1
DEPICTION OF PARCEL 2
^ VANDER�YEIDE
208-12-004F
VANDERWEIDE
2U6-12-004D
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PIMA CUUNTY E
208-12-002A .
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Plma County
Sarvey
PARCEL 3
28 Febxuary 2013
_ . _ __ _ _ _ _ __ _ ___ _ _. _ __ __ _ _ _ _
All that portion of those parcels described in Docket 4932 at Page 462 and Docket I27$2 at Page
1395, of recard in the office of the Pima County Recorder and being a porti.on of the Southeast
Quarter of Section l4 and the Northeast Quarter of the N'ortheast Quarter of Section 23,
Township 11 South, Range 10 East, (�ila & Salt River Meridian, Pima County, Arizona, raoxe
. particularly described as follows: �
BEGINNING at the southeast corner o£said Section 14, a 1/2" rebar nntagged, to which the east
one quarter corner, a found %z" rebar with Pirna Caunty ties, bears Narth 00°19'41" West a distanc.e
of 2632.29 feet, being the Basis of Bearing as established from the Arizona Coordinate System,
1983 (HARN92), Central Zone 0202;
THENCE along the line common to Se�tion 14 and Sectian 23, being the north line of that pam.el
deson'bed in said Docket 127$2 at Page 1395, South 89°41'S7" West a distance of 583.23 fecett to
the POINT OF BEGIMVING;
THENCE South 14°42' 10" East a d�istance of 172.62 fc;et;
THENCE South 07°47'29" East a distance of 127.58 feet;
THENCE South 30°0'7'46" East a distance of 79.74 feet;
THENCE South 89°46'41" West a distance of 990.83 fee�
TAENCE Narth 00°00' 13" West a distance of 354.05 feet;
THENCE North 26°l9' I9" West a distarxce of 1427.46 feet;
THENCE North 45°29' 13" East a distance of 56.44 feet to a point on the north line of the south
half of the sou�heast quarter of said Seetian 14,
THENCE along said north line North 89°38'Ol" East a distance of 738.81 fee# to the northwest
corner of the southeast quarter of the southeast quarter of said Section 14 being the northwest
comer of #hat parcel described in Docket 12854 at Page 12$$ of recflrd in the of�ce of the Pima
County Recorder;
TI�NCE alo�ag the west line of said southeast quarter of the southeast quarter and west line of
saidparcei South 00°19'41" East a distance of 164.64 feet to the southwest comer of said parcel;
THENCE along the south line of said parc�l North 89°38'O1" East a distance of I30.00 feet to the
southeast corner af said parc�l and southwest corner of Parcel Exhibit "A" described in Docket
12774 at Page 6464;
Exhibit 2- Page 7 of 12
• r TSENCE along the south line of said parcel North 89°38'OI" East a distance of 350.23 feet;
THENCE South 52 West a distance of 75.49 feet;
THENCE South 07°23'44" East a distance o�9.27 feet;
THENCE South 16°41'49" East a distan.ce vf 17.$7 feet;
__ _ __ ___ _ _ _ _ . _ . ____ __ _ _ ___ _ _
TX3ENCE South 26°16'09" East a distance of 255.35 feet;
THENCE Soutl� 02°38' 17"" West a distance of 17.62 feet;
THENCE South 2U°23'41" West a distance of 7.84 feet;
THENCE South 28°37'42" West a distance of 17.93 feet;
TIiENCE South 18°30'41" West a distance af 8:78 feet;
THENCE South 28°OS'23" East a distance of 9.53 feet;
THENCE South 48°04'S2" East a distance of 8.79 feet;
THENCE South 66°19'20" East a distance of 60.77 feet;
THENCE South 25°55' 14" East a distance of 19.32 feet;
THENCE South 26°SQ'2?" East a distance of 12.45 feet;
THENCE South 26°21"18" East a distanc� of 106.36 feet;
THENCE South 03°38' 14" East a distance of 258.19 fe�h,
TI�NCE South 10°� 8' 18" East a clzstance of 265.�t0 feet;
THENCE South 14°02' l 0" East a distance of 121.01 feet to the POIlVT UF BEGINNING.
" 27755 `
DANiEL a.
7REMBLAY
� PREL]
Expires 31 March 2015
Exhibit 2- Page 8 of 12
VANDER�EIDE
208-12-004G
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DEPICTION OF PARCEL 3
VANDERWEIDE
208-12-004F
vANDERj9EIDE
208-12-004D _ I _
RIO CLARO 17.233347:
_ ___ _ _
PIMA COUNTY � & COWLEY COMPANIES
208—l2-002A , 2Q8-09—OlOJ
PIMA COUNTY
20$-12—OU4C
PIMA COUNTY
208-12-002D
PIMA COUNTY
PIMA COUNTY
208-09-01 OK
TREATMENT
PLANT
PARCEL 3
14 13
23 2�
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208-14—OQ20
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SEC. 14
FLOODWAY SETBACK EASEMENT (PARCEL 3)
38.29 ACS. +/—
Exhibit 2- Page 9 of 12
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PIMA COUNTY SURVEY
A PORTION OF SECTIONS 13, 14, & 23
TOWNSHIP 11 SOUTH, RANGE 10 EAST,
GILA AND SALT RIVER MERIDIAN,
PIMA COUNTY, ARIZONA
Scale: 1" = 500' Date: 26 February 2013 Drawn By: DRT Sheet 1 oi 1
` ���
�: : l3 April 2012
4 $r c►�� PARCEL 4
Pima County
Surve�
� Trie following reat property EXCEPT for the portion that is a part of Parcel described above:
Alt that portion.of the Southeast Quarter o� Section 14 Tawnship I 1 South, Range ! Q East, Gila
& Salt River Meridian, Pima County, At�izona, and being a�rtion of t[�at parcel as.describ�d in
Docket 4932 at Page 462, more particul�rly describ�d as fc�liows:
COMENCINC at the southeast corner of said S�tion 14, a 1/2" rebar untaggcd, to v+thich the e�t
one quarter corner, a foun� %" rebar with Pima County ties, bears Narth AU° 19'4I" West a distanee
of 26�2.29 fe�t bcing the Basis af Bearin� as established from the Arizoba Coordinate System,
1983 (HARN92}; Central �one 4202;
THENCE along the east tine ofsaid Section 1�{ North 04°19'41" West a distance of 785.85 feet;
THENCE Soufh 89°40' i 9" West a distarice of 788a$8 feet to the PQINT OF BEGItVNIN�;
THENCE SouEh 82°l9'38" VJesf a distance Qf 163.77 £eet;
TH�NCE North 22'3G'33" West a distance of 188.12 feet;
THENCE Norfh 26°Q8' 13" West a distance of 125.23 fee,ett; ,
THENCE I+lorth 76°32' 15" West a distanc� of iO3.6? f�ei;
THENCE Norih 87 West a distarice af 226.02 feet;
THENCE l�orth 81 ° 28'Q3" West a 8istance of 328.42 feet;
T�-IENCE South 87°53'S�" West a distance ot'399.60 fee�
THENCE South 89°09'47" West a distane� of 556.94 feet;
THENCE North 24°39'22" West a distance of 200,11 f�t;
THENCE South 89°39' 17" Fast a distance of 1027.56 feet;
THENCE North 89°47'S8" East a distanee of 717.55 feet;
THENCE Souih 46°U2'S9" East a distance af 15�.89 feet;
TI�ENCE Snuth l I°4T27" East a distance of 34.7I feet;
Exhibit 2- Page 10 of 12
'��fiC� �auth 43°I 1' 11 "`��t � ��a� ��'�"�.�3 f�;,
`�F�t�� ���t l 6�27'�}l" �5� � d�� iv�►�2�:5�$ �'�t; -
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"�'i��� �utta 2$��'��"' _ a �a�taz�+� ���3RS� ��;
'�H��� �r�u€�t ���t�'��'i t �t d � �� 8,'7�;�t �t� t� , . �' �`"��.�"Il�t��
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DEPICTION OF PARCEL 4
E � COR
SEC. 14
__ _ _ __ _ _ __ __ _ __ __ _ _. _ . _ _ _ _ _ _
ARAINAG�
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8.a.3 ACS +/- . .� DK'P.128S0 PG,1288
208^12-402�
DKT. 1277.� PG.8484
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SE COR
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208-1��-OiQC
DKT.49�2 FG.46�
Exhibit 2- Page 12 of 12
PIMA C4UNTY SURVEY
A PORTION OF PARCELS 1 AND 2 DKT 4932 PG 462,
DKT 12'774 PG 6064 & DK`� 12854 PG 1288
I,OCATED TN SECTION 14, TO'V�NSH�.P 11 SOiJrTH, RANGE .10 �AST,
GILA AND SALT RTVER MERIDIAN, PIMA COUNTY, AR�ZONA
:icele: 1" = 400' Dale: 16 April 2012 Drawn By: DRT SLee! 1 of 1
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Exhibit 3
To Settlement Agreement between Town of Marana and Pima County
Form of Deed
When recorded, return to:
SPECIAL WARRANTY DEED
[Exempt from Af�davit of Value Requirement pursuant to A.�,��. § 11-1134(A)(3)j
1. Conve,+�e. In exchange for valuable consideration, Pima Couxit�+, a politicat subdivision of
the State of Arizona ("Coun "), subject to the limitatioris and restrictions set forth in this
Deed, hereby grants and conveys to the Town of Marana, aii Arizona municipal corporation
("Town"), the following real property (collectively the "Fro ert '):
a. The real property described on Exhibit A as Parcels 1 and 2.
b. The County's interest in two regulatory setback easements for the benefit of Parcels 1 and
2, which are recorded in the official records of the Pima County Recorder in Docket 1285Q
at Page 1292 and in Docket 1278? at Page 74212, respectively.
c. A negative easement for the benefit of Parcels 1 and 2 over the real property described on
Exhibit A as Parcel3, as .provided in Section 4 below (the "Setback Waiver").
d. An easement for drainage purpases over a portion of Parcel3 that is described in E�ibit A
as Parcel4, as provided in Section 5 below (the "Drainage Easement").
2. General Exceptians. This conveyance is made subject to:
a. All covenants, conditions, restrictions, reservations, easements and other matters of record,
or to which reference is made in the public records or of which the Town has actuat
knowledge.
b. Any and all matters that an accurate survey and physical inspection of the Property would
reveal.
c. Any matters created by or with the written consent of Town or arising as a result of any
activities of Town regarding the Property.
Page 1 of 3
Use Restrictions on Parcel 2. Parcel 2 is being conveyed in fee, subject to the following
�rpetual restriction on its use, which benefits and is enforceable by the County ("Use
Restriction"):
a. Permitted Uses. Parcet 2 may be used by Town for, and only for, (i) activities necessary
_. and ancillary..to the.. op.eration of a wastewatex_treatment and re.clamation facility. on: P_arcel _ 1 ______
(including specifically the operation of effluent recharge and recovery units) except as
specifically prohibited below; (ii) agricultural uses; and (iii} uses permitted by the County's
Floodplain Management Ordinance, Title 16 of the Pima County Code, for property�wifhin
the floodplain or "floodway fringe area", as it may be amended from time to time.;
b. Prohibited Use. Notwithstanding the general description of permitted uses �abr�ve, Town
may not conduct ar allow any activities on Parcel2 that would, at the time th�'activity ta�ces
place, or that might thereafter (as a result of any later increase in the volume of the
wastewater being treated on the Property), require Town to obtain a regulatory setback or
waiver, easement or other restriction burdening any property to the south or west of
the Property that is owned or controlled by Pima County or the Pima County Flood Control
District.
4. Setback Waiver on Parcel 3. The Setback Waiver being granted by the County with respect to
Parcel 3 is a negative easement, for regulatory-setbaok purposes only; it does not give Town
any right to enter upon or conduct any activities on Parcet 3{except as specifically set forth in
Section 5 below) nor does it restrict County's use �f Parcel3. It is being granted for the sole
purpose of waiving the 1,000 foot regulatory setback requirement and accommodating the
operation, on Parcel l, of a wastewater treatment facility that may treat an average flow of
1,000,000 or more gallons of wastewater per day, as required by Arizona Administrative Code,
Title 18, Chapter 9: Department of finvironmental Quality, R18-9-B241(I}(2)(b). Operations
on Parcel 1 may include package biological nutrient removal units, a biolac treatnnent unit,
overflow ponds, a chlorine coz�tact basin, a filtration unit, a disinfection unit, and an outfall.
County acknowledges that this operation has the potential to produce noise and odor affecting
Parcel 3, and waives any rights it may have, as the owner of Parcel3, as a result of such noise
and odor, and any right to enforce the 1000 foot setback requirement. This Setback Waiver is
perpetual and runs with the land; it benefits and is appurtenant to Parcels 1 and 2.
5. Draina�e Easement on Parcel 4; Maintenance of the Flood Prevention Berm. The Drainage
Easement gives the Town the right to drain effluent from the sewage treatment facility located
on Parcel l over and across Parcel 4. The discharge must be done in compliance with all
applicable State and Federal laws, regulations and permitting requirements and the Town must
maintain the area in a good and safe condition. The Town is not permitted to construct any
innprovements on Parcel4. Town may, however, enter upon Parcel3 and Parcel 4 to the extent
necessary to maintain the existing flood prevention berm that runs along the edge of Parcel 1.
This does not give the Town the right to expand the berm into Parcel 3 or 4.
6. Enforcement of Restrictions. Town and County agree that injunctive relief is an appropriate
mechanism for enforcing the Setback Waiver, Use Restriction, and the terms of the Drainage
Easement. If an action is filed in court to enforce any such restrict, or recover damages for
breach, the prevailing party will be entitled to attorney's•fees and costs.
Page 2 of 3
�
7. Limited Warrantv. County warrants title to the Property only against acts of County, and no
other, subject to all matters described above.
IN WIINESS WHEREOF, the County has executed, and the Town has accepted, this
__ Special W. _arranty Deed as of the dates sst forth bel.ow. _ _ __ _ __ __ __
PIMA COIJNTY, a political subdivision of the State of
Arizona
By:
Name:
Title:
DATE:
[signature block for Town, accepting conveyance and terms
and conditions]
[Exhibit A to describe:
Parcel 1: Marana WRF Area
Parcel2: Setback Area
Parcel 3: Floodway Setback Easement Area
Parcel4: Drainage Area]
Page 3 of 3
1
Exhibit 4 to Settlement Agreement beriveen Town of Marana and Pima County
Town of Marana
DMA
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Le.�end
�narana Sewer
Pima COUnty Sewer
� TOM_DMA_Modified_022713
'/�i�� �9uaro Bloom
Sewer Basint
Pima County DMA in Marana
Pima County DMA
�XHI�IT 4
�a counirr
�� ��
Rodamatia�DepaAment
. Tueaon. Arimna . . .
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_- Exhibit 5 to Marana-Pima County Settlement Agreement
Debt Service Informallon
Pima County Sewer Revenue Debt Issues
With Proceeds used for Marana Infrastructure
'Total-Debt Secvice Payments_aftecJanuacy.1,.2012 . _ _ _ . _ __ . _. . . ____ _ _._ _ .
List of First Cal) Dates
Tota) Debt Service
After
Debt instrument lanuary 3, 2012 Date of fssue First Caii Date
2044 WIFA Loan 1,959,607 OriginaUy issued May 11, 2004
Amended September 1, 2005
Fina) Draw March 21, 2007 April 1, 2017
2007 Sewer Bond 6,790,933 January 25, 2007 July 1, 2017
2008 Sewer Bond 8,672,879 May 22, 2008 luly 1, 2018
2009 COPs 214,839 June 10, 2009 Fully paid in 2012
2010 Sewer Obligations 541,120 lune 17, 2010 July 1, 2020
18,179,376
1 Debt seruice assumes debt is paid according to orignal debt schedule without prepayment.
2 Source: Officiai Statements {except for WIFA Loan).
3 Source +s final payment request and drawdown schedule for the 2004 WIFA Loan.
4 WIFA Policy # 111.15 permits prepayment "following the tenth anniversary of the final loan draw."
Page 1 of 2
Totai Debt OutsWnding -Marana's Portion
2004 WIFA Lo� 2007 Bonds 2008 Bonds 2009 COPs 2010 Obii �fons
Due Date Prinaipal tntsrast PrintiP� �Me►est Princlpal Intaes� Princtpal Intenst Peincipat In �
OT/01l2012 100,785 28,368 231,867 107,594 - 135,466 210,627 4.272 - 6,937
01/012013 24,710 - 103,246 - 135,485 - B,g3g
07/01fL013 103.501 24,710 243,552 103.246 128,561 136.46fi - g,g;�
01/01/2014 22,997 - 88,375 - 132.B94 - g.g�
07/0112014 106,92T 22.997 255,238 98,375 177.325 132.894 4.454 8.936
0!/01/2015 21227 - 93,270 - 129,347 - 8,847
07/01l2015 110,466 21,227 268,153 93.270 105,065 129,347 4.454 8.847
01/0'I/2076 - 19,399 - 86,586 127,246 - 8,785
07/01l2016 174,123 19,399 281.684 86.586 640,144 127,246 4.454 8,785
0 7 /01201 7 �7,510 - 79.524 - 114.443 . 8,707
07101/2497 117,900 17,510 295,830 78,�4 672,063 114,443 32,34d 8,707
O1/0112078 15,SS9 - 72.128 - 101,002 - 8,011
07/01I2018 121,803 15,559 310,590 72,128 705,754 101,002 33.735 8,019
01M1/2019 73,543 ' 65.�23 - 8g.gg% - 7,181
07/01/2018 125,834 13,543 325,966 65,723 74'1,218 86,887 35,394 7,18'I
01�1/2020 '11�461 - 56.796 - 72�063 . 6�299
o�rouzozo �ao,000 » ,461 342,572 58 .�ss rrs,o�a rl,osa �,�sa s,�
01l01/202'1 9,3� _ 51,516 - 52,612 - 5,3gg
07J011202'I 134,303 9,309 359,793 51,516 817,026 52,612 38,891 5,386
01101l2022 7,�6 43.645 - 36,272 - 4.411
07l01/2022 138,748 7,086 377,629 43,6q6 85/,811 38,272 40,939 4,411
01/0'I/2023 4,790 - 35.149 - 18,579 - 3,387
07/01l2023 143,340 4,790 396,080 35,149 900,812 18,579 42,876 3,387
0'!/01/2024 2,418 - 28,2;s7 2,313
07/01/2024 14&.091 2,418 418.375 26,237 45,136 2,313
01l01@025 . 17.810 - '1.7B5
07l01/2025 436.671 17,910 47,385 1,185
01l01l2026 - 8.176
07/01I2026 458,813 9.176
Totai 31,583,227 $ 366.388 $ S,OOO.SS3 S 1,790,118 S B,523.794 $2,149,085 $ 210,8'17 S 4,212 $ 367,415 $ 173,705
� �� �� � � � �o
475,614
543.94A
488,138
1 �040.405
1,118,137
1,171,882
t,YL8,413
1.287.739
1.350.113
1,415,127
�,ns�,zos
607,fi02
484,056
All Dabt
272,357
272,357
263.202
asti,2o2
252.691
252,691
241;,996
241l,996
YLtl,184
220.184
198.�Q0
5
5
ti6
176
Totai Due
5 825,255
272,35�
747,971
263,202
807,146
252,691
740,829
241,996
1,282,401
220,184
1,338,321
196,700
1,368,582
1�3,334
1,401,747
148,619
1,436,358
iis,sia
1,468,936
41,415
1,506,542
61,905
1,545,313
30,968
638,570
19,095
503,151
9,ll6
Ot�U2013
07/0'1/2013
01/01/2014
o�ro�na�a
01l01/2015
07l01/2015
01l01/2016
0710112016
01l012077
07/Q112017
01W1/2018
07/0112018
o�ro�no�s
07/072018
o�ro�no2o
o�ro�nozo
a�ro�no2y
07�1(2021
Ot/01C2022
o�ro�no22
Ut/01l2023
n�ro�no2s
01/Q1/Z024
o�ro�no2a
Ot/01/2025
07/072025
o�ro�nozs
07/01I2028
Total
Page 2 of 2
EXHIBIT 6
To Settlement Agreement between Town of Marana and Pima County
Form of County License Agreement
_ _ _ _ __ _ _. .. ... . _ _ _
LICENSE AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
FOR SEWERS AND RELATED FACILITIES IN COUNTY RIGHTS-OF-WAX�P�;�,,
.�
,�� ���,.. �
RECITALS " ��- - ��
�, ���
..,,:
,��} ;;._
A. This License Agreement (this "Agreement") is entered into for the purpose o.f ai�#borizing the
Town ofMarana, a municipal corporation ( the "Town"} to install and m�iiitaiti'public
wastewater conveyance facilities in rights-of-way oumed or controlled;iiy�iina County, a
political subdivision of the State of Arizona (the "County") (the "LiCe ��"').
,�:�.:�...�.
B. This Agreetnent is being entered into as a condition of an Inte��'gQve''rnmental Agreement (the
"IGA"), <define> between the parties concerning the divis'on o€`vvastewater management
responsibilities within and without the Town's curre�t bou
C. Pursuant to the IGA, the Town is responsible for provi'�iing wastewater services to customers
located within the Town's Designated Managemeixt,,Area ("Town DMA"} and the County is
responsible for providing wastewater serviees:;to customers located outside the Town's
DMA, as those areas are described in EXh�bxt 4'of the IGA (attached hereto as Exhibit A).
D. It has been determined by the Board o�Supervisors that the granting of this License is
authorized by law and in tha best interests of Pima Counry and its inhxbitants.
NOW THEREFORE, the Pima:County Board of Supervisors and Marana Town Council
agree as follows:
:' T��IS AND CONDITIONS OF AGREEMENT
1. Grant of License. Town is hereby licensed and empowered by County to use, on a non-
exclusive ba�is; all public rights-of-way(including all streets, highways, roads, alleyways
and thoro`�gh£ares) now established, used or dedicated to the public use that are located
both w�tliin the unincorporated areas of Pima County and within the area depicted in
Exlubit A as the Town DNtA, under the terms and conditions set forth in this Agreement,
for�the purpose of installing, repairing, replacing, and maintaining Town's wastewater
`: �o.nveyance faciIities located or to be located within the public rights-of-way.
2. Term. The License granted by thisAgreement will be effective for a term of 1 S years
from the date this Agreement is approved by the Board of Supervisors. This Agreement
extinguishes, supersedes and replaces all preceding franchises or licenses granted by
County relating to Town's wastewater conveyance facilities in County rights-of-way
("Town Facilities"). It may be renewed for additional periods upon mutual written
agreement signed by the parties.
.•
.. �
3. Termination. This License may be terminated by the Pima County Board of Supervisors
for any material breach by the Town of any term or provision of this Agreernent or the
IGA.
___. _ __
4: Town Re§�onsi6le for Relocation. EXCept to tfie extent specifically pmvided otherwise
in this Agreement, the Town must, at its cost, construct, reconstruct, adjust, relocate or
repair Town Facilities as necessary to facilitate County construction projects in County
rights-of-way. Costs may include, but not be limited to, all costs to develop, design,
administer, procure, construct, adjust, relocate and/or repair Town Faciliries, includin
potholing, contract document preparation and reproduction, surveying, field inspec '
material testing, temporary pump-arounds, mobilization, traffic control, permit�� -
built drawings. �
.�.
Performance of Work. The work required to construct, reconstruct, �`elocate or
repair Town Facilities may be performed by the County as part of th ty's
improvement project if the Town so requests and the County dete � that doing such
work itself is compatibte with the County's improvement p f'�'�"in the Caunty's best
interests. ��
A. Prior to the commencement of any work by the Co n Town Facilities, the County
will provide the Town with an estimate of ho c i wiit cost for the County to
perform the work. If the Torvn notifies the Co , within _ days of its receipt of the
cost estimate, that it approves the estimate,� County will do the work.
i. The Town will transfer funds in th �unt of the estimate to the County within 30
days of its approval of the es e.
ii. Upon final acceptance of an�`work done by the County, the County will determine
the actual cost of the o and either retum to the Town funds not spent for the
work or submit a in ice to the Town for any additional amounts due. The
Town will pay itional amounts owed for the work within 60 days of receipt
of the final '�rom the County.
iii. If the T o jects to the amount ofthe final invoice, the Town must so notify the
Couri �' 'ring within 30 days of receipt of the invoice. Objections that are
�u� 1 or are merely ora.l are deemed waived. Any dispute over final payment
ri�is e submitted to the County Administrator and the Tovsm Manager for
�`�;�`�P�solution. Any dispute over any amount owed in connecrion with work does not
: ,: > ,��affect the application or validity of this Agreement as to any other projec�
�"<; If the Town rejects the County's cost estimate, or fails to respond to the estimate, it
must perform the work without the County's assistance in accordance with die
County's project schedule.
If the Town fails to do its work in accordance with the County project schedule, the
County mray, at its sale discretion, do the work and submit an invoice for the eost of
the work to the Town. The Town will pay Caunty the mvoiced amount within 60
days of receipt of the invoice.
ii. The Town will also, within 60 days of receipt of a demand from the County, pay the
County for any costs incurred by the County as a resuit ofproject deiays caused by
the Town's failure to complete its work on scbedule
_ _iii�_ Anyfailure 6ythe Town to perform the work accordance with-the-County's_. _
project schedule constitutes a waiver of the Town's right to challenge or dispute the
costs billed to the Town by the County. `If an invoice submitted by the County is
not paid by the Town within the 60 day time period, all rights granted to the Town
under this Agreement will be suspended and no permits will be issued to the T�pn
for work within County rights-of-way until the invoiced costs are paid in f��.�
a � 7
6. New Wastewater Line. In connection with the location of future Town Faci '"�an
County rights-of-way, the County will provide the Town with basic engin ata such
as topographic or existing highway profile informarion. The Town will ' e the County
with input regarding future highway grades and alignments that will inimize the
need for future urility relocations or adjustments. The Town unde s that such plans
are subject to change upon development of final constructio �i� the Counry. The
Town will install all wastewater lines at depdis greater tharl al to those required for
the established future highway grades.
7. Imnrovement District Proiects. If adjustment o rion ofTown Facilities is
required to accommodate a County Improvement � ct project, the cost of that work will
be borne by the Improvement Distxict, with th llowing exceptions:
A. If the District, at the Town's reques �es Town Facilities with faeilities that have
an increased capacity, the Town ear all costs attributed to the increased capacity.
B. The Town will bear the entire c�st of replacing any Town Facilities that were budgeted
for replacement by the To�.
8. FederaUState Funded '�'t�:` For any project that is funded either partially or entirely
by Federal or State , ere the relocation or adjustment of any Town Facilities is a
project-eligible co th Tovm will be responsible only far any amount bywhich the actual
cost of the wor�exceeds the Federal or State funds available to the project for that cost.
a� �
9. Locatio �iliEies i Coun Ri ht-of- a. The Town will create anci maintain
accurat -date maps of all Town Faciliries located in County rights-0f-way and make
thi ' ation available to the County on request. Within 60 days of receiving notice
fr unty of an impending County improvement project the Town will give the County
�`� �� e�cise horizontal.and vertical location of all Towia Facilities within the project limits.
�- �� the request of the County, the Town will provide surface locarion marking for all
underground Town Facilities within a project area to facilitate the planning and design of
the County improvements. If the Town does not provide this information to the County in
a timety manner, the County may acquire the necessary informarion or services needed to
identify and locate the Town FaciIities and will bill the Town for the cost of doing so. If �
the Town fails to provide the requested facility location information or the surface marking
services within the time frame established by the County, that failure to perform constitutes
a waiver of the Town's right to chal2enge or dispute the costs of the information or services
billed to Town by County.
10. No Vested Ri�hts. Town Facilities must be erected, instailed, reptaced, remaved,
relocated and maintained in a manner that does not interfere with the reasonable use of
public rights-of-way by the public, the County, or any other utility. 17ie location of Town
Facilities in the public right-of-way does not give the Town any vested interest or right in
the right-of-way and the Town will remove or relocate Town Facilities whenever the
_... _ .___.._...
Couniy determines that such TownFacilifies resfrict, obstruct or hirider the �ounty or the
public's existing or future use of the right-of-way or the County's operation or location of
County facilities within the right-of-way.
11
12
13.
Permits. Prior to beginning any activity in the County right of way, Town witl ob ��
required permits from the County and any other applicable jurisdiction. �
�
_Reguiation of Countv Ri�hts of Wav. The County may at any rime imp 'ctions
and limitarions, and make regulations as to Town's use of the County's ' f-way, as it
deems best for the public interest, safety or welfare.
Superior Rights. The right of the County in and to all publi�i�f-way locat�l witbin
the unincorporated areas of Pima County are and forever e��ramount and superior to
the rights of the Town and any other licensee or franchise�. .
14. Assumption of Risk. The Town assumes the
facilities located in County rights-of-way as a
operation, conslruction, repair, relocation, rep
in County rights-of-way. The County is��o�t
incurred by the Town as a result of an sy u�h�
15. Work in R?�ht of Wav.
A. Damage to other fai
and maintenance of
damage, d
facilities, ;
or permits
County Er
Damage c+
�#' age or destruction to Town's
e activiries af the County or the
nent or maintenance of County facilities
for any costs, includinglost revenues,
�
the conshuction, removal, relocation, repair, operation
�s, the Town will avoid causing or permitting any
sary modification or alteration ("Damage") to other
, iocated in the County right-of-way. If the Town causes
any ch amage it will, at its sole expense and in a manner approved by the
� eer ar other appropriate County staff, restore the facilities to their pre-
� �fion and compensate the owners of said facilities for any other losses or
sed by the Damage. The Town must promptly initiate and expeditiously
�e needed repairs. The Town will give priority to the repairs over all non-
activities of the Town.
��.,
.'� �B.h�amage to vegetation. In the conshuction, removal, relocation, repair, operation and
'���. .-` maintenance of its facilities, the Town will use all necessary care to avoid damaging or
,�;,
disturbing existing vegetation in the public right-of-way. If the Town causes or permits
� any such damage or disturbance it will, at its sole expense and in accordance with all
County regulations then in effect, re-vegetate the right-of-way to the satisfaction of the
County Engineer.
C. Adjacent properlies. The Town will pmvide prior written notice to the owners or
residents of adjoining property of any activity of Town in the right-of-way that m�y
temporarily interfere with access to ar use of said adjaining property. The Town wi11
�
maintain access to adjoining pmperties during all construction activities or ather
operations unless the requirement of access is waived in writing by the owners and
residents of adjoining praperly. If an emergency requires the Town to commence its
__ activity without written notice, the Town will use its best efforts to provide timely
__.._ _ _ _
actual notice to the owners and residents of the adjoining property.
16. Desien and Location of Facilities.
A. The Town will use reasonable care at all tirnes to avoid damage or injury to perso d
properly during any Town activities conducted in the County right-of-way. Th
Town's location and construction of Town Facilities will conform to preva¢l' �,
industry standards then in effect and any County requirements in order to o�
interfering with a planned future use of the public right-of-way by the��.
B. The Town will locate Town Facilities in a manner designed to c least amount of
interference with the proper use of the right-of-way by the pub i d rninimize
interference with the rights and convenience of adjacent �ro wners.
C. The County may require the Town to remove, at the T�wn sole expense, any Town
Facilities that present a potential hazard to the public, �nterfere with the public's use of
the public right-of-way, or are determined by �8u�it�tb be aesthetically undesirable.
D. The Town will notify owners or residents �adjo�ningproperty in writing before
installing permanent or temporazy ab v ow ground facilieies in the County right
of way. Town will make every reason ort to resolve the concerns ofproperty
owners and residents regardittg t ction of Town Facilities. If the County
deterrnines that the Town failed to re�Xsonably evaluate all options available to alleviate
residents' concerns, the County�'iay require the Town to relocate its facilities at the
Town's sole expense. ., �"�
l7. Construction Safetv. �'e� or obstruction in the public right-of-way caused by the
Town during the c e Town's activities in the right of way will be guarded and
protectedat all t' b safety barriers erected by the Town, which will be clearly
designated b� rning lights during periods of dusk and darkness. Any work performed by
the Town in a�cent to a public roadway open for travet wilt be properly signed and
marked� �own with warning and directional devices in accordance with all applicable
state anc� traffic regulations and the Arizona Department of Transportation's Traffic
Co anual for Highway Construction and Maintenance.
r�i�a e. During construction or excavation in the public right-of-way, tlze Town will
�ovide proper drainage so that the public right-of-way will be free from standing surface
water and adequately drained and no flood or erosion damage will occur to the right-of-
way, any facitities in the right-of-way, or adjacent property. The Town will submit
drainage engineering data and design plans to the Pima County Flood Control District for
review and approval prior to the issuance of any right of way use permit by the County.
The drainage plan will comply with State Arizona Pollutant Discharge Elirnination System
Stormwater Constntction Permit requirements at A.R.S.§ 49-255 et. seq.
h �
�
19. Issuance of Permit not Countv Approval. County review or approval ofplans or
specifications or issuance af a permit for the installation, construction or location of a
Town Facility will not be construed to be an authorization for or approval of any violation
of any applicable industry standards. No permit or approval presuming to give such
_ _ __.... _ . . _ _ __._ __ _ __ _ __ __ _ ___ _ ...._. . _ _ _ . _ . __ ... __ _.
authority will be valid or otherwise relieve the Town of its obligations under this License.
20. County Insnection. The County has the right to inspect any work by the Town in the
public right-of-way to insure proper performance of the terms of this License and
conformance with any applicable federal, state and County laws, ordinances and
reguIations. The County may require the Town to pay a reasonabte and uniform fe
cover the actual cost of inspections performed by County or its contractor und� '
provision.
21. Liabilitv; Indemnitv. The Town is solely responsible for Town Facili 'ss��any
activities it performs within the public right-of-way. The Town will ' ify, hold
harrnless, and defend the County, its officials, agents, servants, an oyees against all
claims for injuries to persons ordamage to property arising Town's work in the
public right-of-way or the existence of Town Faciliries, or y y related to the Tovcm's
exeroise of its rights under this License. Neither the issu ce a County permit for
installation or location of a facility, nor County appro he activ'tty, installation or
location, nor the failure of the County to direct th to talce any precautions, raake any
changes, or refrain from doing anything, will reliev e Town of its liability to the Cownty
or others. If any such proceeding is brought, Town will defend the County and its
officials, agents, and employees and pay n re u ting judgments and will, at the option af
the County, be made a party to any s proceeding.
22. Countv Participation in Le �al c' n��. The County may take part in any suit or action
instituted by or against Town i wh ch any judgment or decree can be rendered that (i)
forecloses any lien on any Facility; (ii) affects the right, power or duty of the Town
to do or not do anything p to this License Agreement; (iii) interferes with the
Town's performance ance of any term or condition of this License or any
regulation, notice di c ion of the County, or (iv) involves the constiturionality, validity
or enforcement of ' icense. The County may move far dissolution of any injunction or
restraining o�d atid take any other appropriate sfiep, in any such suit, action ar proceeding,
that it de��r�essary or advisable to protect its interests or the interests of the public.
23. Com '�a '"with License Condit►ons• Ordinances. The Town's exercise of its rights
und ' License is is subject to all County ordinances now in force or that hereafter may
,R. b�.d� ted, including all ordinances relating to the use of public rights�f-way by utilities.
�. .�3'qvvn agrees tt�at it will not make any claim that any provision of this License, or any
,�> �,
�pplicable County ordinance or regulation in force at the time of execution of this License,
is unreasonable, arbitrary or void.
24. Comaliance with State and Federal Environraental Laws. The Town agrees to conform
to and abide by all State and Federal laws now m force or that hereafter may be adopted,
including laws pertaining to Section 404 of the Clean Water Act, the Endangered Species
Act and the AZPDES Stormwater Conshuction Permit Program.
�
�Q,
25. Non-exclusive License. This License is not exclusive. The Board of Supervisors expressly
reserves the right to grant, at any time, similar franchises, licenses and privileges over the
same rights-of-way to any ottier persons, firms ar corporations.
_ __ _ _ _ __ _ __ , __ _ _..._ . .. _ . _. __ _ _ _ _ _ _ _ .
26. Assi�nment. The Town hereby agrees it will not assign this License or transfer ownership
of any Town Facilities in the County right-of-way without the prior written approval of the
Pima County Board of Supervisors. The decision to approve or deny the assignment or
transfer is within the sole discretion of the Board of Supervisors and the Board may
disapprove the proposed assignment or transfer if such disapproval is in the best inter�,of
the County. '�.
Town ofMarana: Pima County: ��:
�
�
Mayor Chairman of the Boar�
ATTEST: ATTEST:
Town Clerk Clerk o oard
�
Date: Date�
� `��'
Approved as to form: �,�Approved as to form:
��
Assistant Town Attorney � Deputy County Attomey
�
,:`�,�" �
��
� �E
� � ��
��� �
::�., �...
;�,��'�,.
�;-�,# '
r.
r- �.
EXHIBIT 6
To Settlement Agreement between Town ofMarana and Pima County
Form of Town License Agreement
LICENSE AGREEMENT
BETWEEN
PIMA COUNTY AND THE TOWN OF MARANA
FOR SEWERS AND RELATED FACILITIES IN TOWN RIGHTS-OF-WAY P°`1
� RECITALS " �
�
A. This License Agreement (this "Agreement"} is entered into for the purpose ���t�orizing the
Pinna County, a political subdivision of the State of Arizona (the "Coun t'T"nstall and
maintain public wastewater eonveyance facilities in rights-of-way o eontrolled by
Town ofMarana, a municipal corporation ( the "Town") (the "Lic
,^ �
B. This Agreement is being entered into as a condition of an Inte v ental Agreement (the
"IGA"), <define> between the parties conceming the divis' n o astewater management
responsibilities within and without the Town's curren� 'es.
C. Pursuant to the IGA, the Town is responsible
located within the Town's Designated Manag
responsible for providing wastewater serv' e;
DMA, as those areas are described in E.'
►ro�iug wastewaber services to customers
�Area ("Town DMA") and the County is
ustorners located outside the Town's
the IGA (attached hereto as Exhibit A).
D. It has been determined by the Town C un�l that the granting ofthis License is authorized by
law and in the best interests of the� To� of Marana and its inhabitants.
NOW THEREFORE, the�ma County Boa�l of Supervisors and Marana Town Council
agree as follows: `'�
��.
S O I A REEMENT
l. Grant o[Lic �: is hereby licensed and empowered by Town to use, on a non-
exclusiv s, all public rights-of-way(including all streets, highways, roads, alleyways
and th r� fares) now estahlished, used or dedicated to the public use that are located
bo i'n the incorporated areas of the town of Marana and outside the area depicted in
,:. �a�� A as the Town DMA, under the terms and conditions set forth in this Agreement,
�f' he purpose of installing, repairing, replacing, and maintaining County's wastewater
����.;
`� nveyance facilities located or to be located within the public rights-of-way.
2. Term. The License granted by this Agreement will be ef�'ective for a term of 15 years
from the date this Agreement is approved by the Town Council. This Agreement
exringuishes, supersedes and replaces alI preceding franchises or licenses granted by Town
relating to County's wastewater conveyance facilities in Town rights-of-way ("County
Facilities"). It may be renewed for addirional periods upon mutual written agreement
signed by the parties.
�
�
3. Termination. This License may be terminated by the Marana Toum Council for any
material breach by the Counry of any term or provision of this Agreement or the IGA.
_ . _. __ 4.,. ..:..Count�v-Responsible-for-IteIocation.-. .Elccept.to.the-extent-specifically-�rovided..otherwise _. _. _
in this Agreement, the County must, at its cost, construct, reconstruct, adjust, relocate or
repair County Facilities as neeessary to facilitate Town construction projects in Town
rights-of-way. Costs may include, but not be lirnited to, all costs to develop, design,
administer, procure, construct, adjust, relocate and/or repair County Facilities, including
potholing, contract document preparation and reproduction, surveying, field inspeerio_� .
material tesring, temporary pump-arounds, mobilizarion, lraffic control, permits a��� �
built drawings. �'
� �
5. �erformance uf Work, The work required to construct, reconstruct, adju t, cate ar
repair County Facilities may be performed by the Town as part of the T improvement
project if the County so requests and the Town determines that doing�t, ork itself is
compatible with the Town's improvement pro}ect and in the To s�4t interests.
A. Prior to the commencement of any work by the Town o Facilities, the Town
will rovide the Coun with an estimate of how muc i�t ��cost for the Town to
P t3'
perform the work. If the County notifies the Town ' in days of its receipt of the
cost estirnate, that it approves the estimate, th '11 do the work.
i. The County will tran;sfer funds in the unt of the estimate to the Town within 30
days of its approval of the estirna �'�
�,>
ii. Upon final acceptance of any one by the Town, the Towt� will determine the
aetual cost of the work and eithe . turn to the County funds not spent for the work
or submit a final invoice to �e County for any addirional amounts due. The County
wilt pay any additi n a. ounts owed for the work within 60 days of receipt of the
final invoice from ��.
iii. If the Coun �s�to the amount of the finat invoice, the County must so notify
the Town i w' ng withnx 30 days of receipt of the invoice. Objections that are
untime or are merely oral are deemed waived. Any dispute aver final payment
must �8mitted to the County Administrator and the Town Manager for
,x �. Any dispute over any amount owed in connection with work does not
_ ; the application or vatidity of this Agreement as to any other project.
B�If'�e County rejects the Town's cost estimate, or fails to respond to the estimate, it
'�� �ust perform the work without the Town's assistance in accordance with the Town's
���,-�` �project schedule.
i. If the County fails to do its work in accordance with the Town project schedule, the
Town may, at its sole discretion, do the work and submit an mvoice for the cost af
the work to the County. The County will pay Town the invoiced amount within 60
days of receipt of the invoice.
�
ii. The County wi11 also, within 60 days of receipt of a demand from the Town, pay the
Tawn for any costs incurred by the Town as a result of project delays caused by the
County's faiiure to complete its work on schedule
._ _ __ _ __ _ _. _._ _ __ _ _..... _.. _ _
iii. Any failure by the County to perform the work in accordance with the Town's
project schedule constihxtes a waiver of the County's right to challenge or dispute
the costs billed to the County by the Town. If an invoice submitted by the Town is
not paid by the County within the 60 day time period, all rights granted to the
County under this Agreement will be suspended and no permits will be issued e
County for work within Town rights-of-way until the invoiced costs are p' L
_:
6. New Wastewater Line. In connection with the location of future County Fa ' i`�s in
Town rights-of-way, the Town will provide the County with basic enginee ' ta such as ,
topographic or existing highway profile informarion. The County will � the Town
with input regarding future highway grades and alignments that will l�l�inimize the
need for fizture utility relocations or adjustments. The County und r�ds that such plans
are subject to change upon� developrnent of final constructio � the Town. The
County wi�l install all wastewater lines at depths greater th r��qual to those required far
the established future highway grades.
7. Improvement District Proiects. If adjustment o �on of County Facilities is
reyuired to accommodate a County Irnprovement '��project, the cost of that work will
be borne by the Improvement Distnct, with th�llowmg exceptions:
A. If the District, at the County's request �aces County Faciliries with facilities that
have an increased capacity, the o will bear all costs attributed to the increased
capacity.
�
B. The County will bear the �,� cosf of replacing any County Facilities that were
budgeted for replaceme by e County.
8. FederaUState Fund�9 aects. For any project that is funded either partially or entirely
by Federal or Stat n, where the relocation or adjustnnent of any County Facilities is a '
projeet-eligibl� ost, e County will be responsible only for any amount by which the
actual cost offi�e�ork exceeds the Federal or State funds available to the project for that
cost. � -�
9. Lo�Y�r�,�f Facilities in Town Right-of-Wavs. The County wiil create and maintain
ac ra�fe�up-to-date maps ofall County Facilities located in Town rights-of-way and make
;����i�formation available to the Town on request. Within 60 days of receiving notice from
'�: of an impending Town improvement project the County will give the Town the
��precise horizontal and vertical location of all County Facilities within the project limits. At
the request of the Town, the County will provide surface location marking for all
underground County Faciliries within a project area to facilitate the planning and design of
the Town innprovements. If the County does not provide this information to the Town in a
timely manner, the Town may acquire the necessary information or services needed to
identify and locate the County Facilities and will bilt the County for the cost of doing so. If .
the County fails to provide the requested facility location information or the surface
marking services within the time frame established by the Town, that failure to perform
�
cons6tutes a waiver of the County's right to challenge or dispute the costs of the
information or services billed to County by Town.
I0._ ..N.�._Yests�l_Ri�hts._ _County. Faciliries_must..t�e..er�cted,_installed,replaced,_remo.v.ed,._._..
relocated and maintained in a manner that does not interfere with the reasonable use of
11.
12.
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15.
public rights-of-way by the public, the Town, or any other utility. The locarion of County
Facilities in the public right-of-way does not give the County any vest�l interest or right in
the right-of-way and the County will remove or relocate County Facilities whenever the
Town determines that such County Facilities rest�ict, obstruct or hinder the Town or t��,
public's existing or future use of the right-of-way or the Town's operation or loca�
Town facilities wit�in the right-of-way. °
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Permits. Prior to beginning any activity in the Town right of way, Coun btain all
required permits frorn the Town and any other applicable jurisdiction. �
Regalation of Town Rights of Wav. The Town may at any rime ' e restrictions and
limitations, and rnake regulations as to County's use o£the T ' ts-of-way, as it
deems best for the public interest, safety or welfare.
Superior Ri�hts. The right af the Town in and to all p'c rights-of-way located within
the incoiporated areas of the Town of Marana are fo er will be paramount and
superior to the rights of the County and any other see or franchisee.
.Assumation of Risk. The County ass es of damage or destruction to County's
facilities located in Town rights-of-way ult of the activities of the Town or the
operarion, construcrion, repair, reloc , lacement or maintenance of Town facilities in
Town rights-of-way. The Town is not li le for any costs, including lost revenues,
incurred by the County as a result o�any such damage.
Work in Right of Way_
:�.�
A. Damage to oth `�i'es. Imthe constnzction, removal, relocation, repair, operation
and maintenan of ts facilities, the County will avoid causing or pezmitting any
damage, di ce, unnecessary modification or alteration ("Damage") to other
facilities;' �,�ding pavement, located in the Town right-of-way. If the County causes
or �y such Daxnage it will, at its sole expense and in a manner approved by the
To 'neer or other appropriate Town staff, restore the facilities to their pre-
e condition and compensate the owners of said facilities for any other losses or
,�ex nses caused by the Damage. The County must promptly initiate and expeditiously
� ���omplete the needed repairs. The County will give priority to the repairs over all non-
,,,f emergency activities of the County.
B. Damage to vegetation. In the construction, removal, relocarion, repair, operation and
maintenance of its facilities, the County will use all necessary eare to avoid damaging
or disturbing existing vegetation in the public right-of-way. If the County causes or
permits any such damage or disturbance it will, at its sole expense and in accordance
with all Town regulations then in effect, re-vegetate the right-of-way to the satisfaction
of the Town Engineer.
C. Adjacent properties. The County will provide prior written notice to the owners or
residents of adjoining property of any activity of County in the right-of-way that may
temporarily interfere with access to or use of said adjoining properly. The County will
maintain access to adjoining properties during all construction acrivities or other
_.. operations_unless the:requirement.afaccess.is-waiv�.i-in-writing.by.the-owners-and
residents of adjoining property. If an emergency requires the County to commence its
activity without written nofice, the County will use its best efforts to provide rimely
actual notice to the owners and residents of the adjoining properiy.
16. Desi�n and Location of Facilities. �
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A. The County will use reasonable cate at all times to avoid damage or inj '�.ersons
and property during any County activities conducted in the Town right . The
County's location and construction of County Facilities will confo �p vailing
industry standards then in effect and any Town requirements in o avoid
interfering with a planned future use of the public right-of-wa�b � e Town.
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B. The County will locate County Facilities in a manner d' to cause the least
amount of interference with the proper use of the ngh -of- y by the publie, and
minimize interference with the rights and convenie adjacent property owners.
C. The Town may require the County to remove, �e County's sole expense, any County
Facilities that present a potential hazand to �e pu lic, interfere with xhe public's use of
the public right-of-way, or are dete '�'1�,�y"�I'own to be aesthetically undesirable.
D. The County will notify owners o ts of adjoining properiy in writing before
installing permanent or tempor a've or below ground facilities in the Town right of
way. County will make eve r�onable effort to resolve the concerns of properiy
owners and residents reg �g the construction of County Facilities. If the Town
determines that the Co 'led to reasonably evaluate ail options available to
alleviate residents' , the Town may require the County to relocate its facilities
at the Countv's> o ense.
17. Construction �afetv:� Any opening or obstruction in the public right-of-way caused by the
County du� �course of the County's activities in the right of way will be guarded and
protecte �mes by safety barriers erected by the County, which will be clearly
designa �warning lights during periods of dusk and darkness. Any work performed by
the in or adjacent to a public roadway open for tcavel will be properly signed and
,�,,, ����y the County with warning and directional devices in accordance with all
.���.�p icable state and local traf�c regulations and the Arizona Department of
�T�Yansportation's Traffic Control Manual for Highway Construction and Maintenance.
18. Drainage. During construetion or excavation in thepublic right-of-way, the County will
provide proper drainage so that the public right-of-way will be free from standing surface
water and adequately drained and no flood or erosion damage will occur to the right-of-
way, any facilities in the right-of-way, or adjacent property. The County will submit
drainage engineering data and design plans to the Pima County Flood Control District for
review and approval prior to the issuance of any right of way use permit by the Town. The
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drainage plan will comply with State Arizona Pollutant Discharge Elimination System
Stormwater Constxuction Permit requirements at A.R.S. § 49-255 et. seq.
--- 19.. _ ._Issuance-nf Permit-not-T.own.AnarovaL.Town.review-or:approval-ofptans o.r - .. - . --
specificaiions or issuance of a permit for the installation, construction or location of a
County Facility will not be construed to be an authorization for or approval of any violation
� of any applicable industry standards. No permit or approval presuming to give such
authority will be valid or otherwise relieve the County of its obligations under this License.
20. Town Insaection. The Town has the right to inspect any work by the County in th c
right-of-way to insure proper performance of the terms of this License and co�rf r e
with any applicable federal, state and Town laws, ordinances and regulations own
may require the County to pay a reasonable and uniform fee to cover the ac ost of
inspections perforcned by Town or its contractor under this provision. �
21. Liabitity; Indemnitv. The County is solely responsibte for Coun lities for any
� activities it performs within the public right-of-way. The Co indemnify, hold
harmless, and defend the Town, its officials, agents, serv mployees against all
claims for injuries to persons or damage to property aris' ou f the County's work in the
public right-of-way or the existence of County Faciliti in any way related to the
County's exercise of its rights under this License. th the issuance of a Town permit
for installation or location of a facility, nor Town ��oval of the activity, installation or
location, nor the failure of the Town to direct t�ounty to take any precautions, make any
changes, ar refrain from doing anything, wi eve the County of its liability to the Town
or others. If any such proceeding is b e County will defend the Town and its
officiais, agents, and employees and p any resulting judgments and will, at the option of
the Town, be made a pariy to any su�ch c urt proceeding.
22. Town Partici ation in L a� tions. The Town rnay take part in any suit or action
instituted by or against Co i which any judgtnent or decree can be rendered that (i)
forecloses any lien on '�e ty Pacility; (ii) affects the right, power or duty of the
County to do or no�t do�n�hing pursuant to this License Agreement; (iii) interferes with
the County's perfo�ce or observance of any term or condition of this License or any
' regularion, np or direction of the Town, or (iv) involves the constitutionality, validity or
enforcemen �s Lacense. The Town may move for dissolution of any injunction ar
restraini� r er and take any other appropriate step, in any such suit, action or proceeding,
that�,it��s necessary or advisable to protect its interests or the interests of the publia
23.,� an e ith Lice se d'tio s• rd' a e. The Town's exercise of its rights
<� , er this License is subject to all Town ordinances now in force ar that hereafter may be
`���opt�i, including a11 ordinances relating to the use of public rights-of-way by utilities.
County agrees that it will not make any claim that any provision of this License, or any
applicable Town ordinance or regulation in force at the time of execution of this License, is
unreasonable, arbitrary or void.
24. Campliance with State and Federal Environmental Laws. The County agrees to
conform to and abide by all State and Federallaws now in force or that hereafter may be
adopted, including laws pertaining to Section 4Q4 of the Clean Water Act, the Endangered
Species Act and the AZPDES Stormwater Construction Permit Program.
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25. Non-exclusive Liceuse. This License is not exclusive. The Marana Town Council
expressly reserves the right to grant, at any time, similar franchises, licenses and priviteges
over the same rights�f-way to any other persons, finms or corporations.
_ _ _ _ _ _ ._. _. _ _ _ _ _. _ _ _ _ _.... _.
26. AssiEnmen� The County hereby agrees it will not assign this License or transfer
ownership of any County Facilities in the Town right-of-way without the prior written
approval of the Marana Town Council. The decision to approve or deny the assignment or
transfer is within the sole discretion of the Town Council and it may disapprove the
proposed assignment or transfer if such disapproval is in the best interests of the Tow�
Town of Marana: Pima County: ��
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Mayor Chairman of the Board ���
ATTEST: ATTEST: �
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Tovcm Clerk Clerk of Bo
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Date: Da �,
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Approved as ta form: - s` ,� roved as to form:
Assistant Town Attorney � Deputy County Attomey
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