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HomeMy WebLinkAbout10/07/2014 Council Agenda PacketM RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 7, 2014, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 7, 2014, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P Relating to Special Events; update and preview of the Marana Harvest Festival signature event that will be held on October 25, 2014 (Vickie Hathaway) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2014 -089: Relating to Public Works; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021) (Frank Cassidy) C Resolution No. 2014 -090: Relating to Public Works; Approving and authorizing the execution of an amendment to an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the I -10 /Twin Peaks Traffic Interchange (Keith Brann) C3 Resolution No. 2014 -091: Relating to Public Works; approving and authorizing the Mayor to execute the first amendment to intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) (Frank Cassidy) C4 Resolution No. 2014 -092: Relating to Real Estate; Vacating a portion of the public right -of -way of Dalton Place (Camino de Mariana) through the Tucson Electric Power Company property lying northeast of the westbound Interstate 10 frontage road (Frank Cassidy) CS Resolution No. 2014 -093: Relating to Real Estate; Vacating a portion of the public right -of -way of old Camino de Mariana through the VP Marana 160, LLC, property lying south of the intersection of Twin Peaks Road and Blue Bonnet Road (Frank Cassidy) C6 Resolution No. 2014 -094: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2014 -2015 Community Development Block Grant Program (Lisa Shafer) C7 Resolution No. 2014 -095: Relating to Community Development; approving and authorizing the Mayor to execute aGrant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana on behalf of the Marana Schools' 2340 Foundation for purposes of funding Summer School and Higher Education Scholarships (Lisa Shafer) Cg Resolution No. 2014 -096: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task Force (Lisa Shafer) C9 Resolution No. 2014 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and the Gladden Farms Community Association regarding the presentation of the 2014 Harvest Festival (Jane Fairall) CIO Approval of September 9, 2014 Study Session Meeting Minutes, September 16, 2014 Regular Council Meeting Minutes, and September 23, 2014 Council Subcommittee Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2014 -098: Relating to Boards, Commissions and Committees; making an appointment to the Planning Commission (Jocelyn C. Bronson) COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2014.023: Relating to Development; amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) to extend the operating hours of medical marijuana dispensaries and to permit medical marijuana dispensaries to deliver medical marijuana to qualifying patients; and establishing an effective date (Caine Sklar) A2 PUBLIC HEARING: Ordinance 2014.024: Relating to Development; approving a rezoning of approximately 13 8 acres of land located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, from `RR' Resort and Recreation to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to the General Plan; and approving and authorizing the mayor to execute the Lazy K Bar Ranch Development Agreement (Brian Varney) ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT - r C? RANA -P 11555 W. CIVIC CENTER D I - T. KARANA. ARIZ ONA 8 5 6 5 3 Item P1 To: Mayor and Council From: Vickie Hathaway, Management Assistant Date: October 7, 2014 Strategic Plan Focus Area: Community, Heritage Strategic Plan Focus Area Additional Info: Community Initiative 8: Increase participation by residents and visitors in Marana's signature events. Heritage Initiative 1: Showcase Marana's history and heritage in its signature events. Subject: Relating to Special Events; update and preview of the Marana Harvest Festival signature event that will be held on October 25, 2014 (Vickie Hathaway) Discussion: The Town of Marana will be debuting the Marana Harvest Festival this October 25 as the newest addition to the Town's Signature Events series. This presentation will preview the amenities and event features as well as recognize and describe the Gladden Farms Community Association's role as a community partner in the event. Financial Impact: Fiscal Year: 2014/2015 Budgeted Y /N: Yes Amount: 15,000 Staff Recommendation: None - presentation only. Suggested Motion: None - presentation only. Attachments: Marana Harvest Festival PDF MARANA HERITAGE RIVER PARK October 25.. 2014 1:)oIJlsol(l @JolJ ls@AAqIJON A:)UeAJ@SUOD @.OellJ@H eueJeN josuods ainieuSis ue p jaaiun�on AliunwwoD — /��danw Baal joalunlOA Al!unwwo:) — o njoalj eqsjeN UO[Iel:)OSSV SJ@U/\f\O @WOH SwJej u jjels euejeN 10 umoj GG II*I wwoo buluulo i ld NMOI ij in o A V NOZlSV ' m F I Lei � L D � � D �� 4 . � � �' �c1' , ••�.� : ^ T {i , • IWO l 04 �tl�L L -o .0 L Lip 'o w 0 won am i amm t- dl.( am G� It am 1. a '' . am ffm M% oft soft son- OF 1 '1 lit • . IP w io J sir f � F-�• `� jv Jmf ..06 OL qw JANA, -VIP ib MAG IO, n mi / W2.1 r. 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' ` i •: : !! � •lll; Time 2 pm 3 pm 4 pm 5:30 pm 5:42 pm 6 prn 7:30 pm 8 prn 8:30 pm 10 pm Event Close Heritage Park Drive to general public. Windmill ribbon cutting and event opening. Rodeo demonstrations begin. Guys & Dahls /rodeo ends /steak cook -out begins. Sunset. Balloon glow. Crazy Heart / s'more roast. Gladden Farms side closes. End of interior transportation /road opens to public. Close of event. 11� � •lll; a*] IL 6 to] L S P01►SOIR NMI S2,aOOO S GNA • Includes ber and Barle •Si Sp o2 additional the event , Wheat, Maize ent -i spaces at °� �o�O� C� T O N •Includes benefits of Wheat, Maize and Barle plus: • Inclusion as a sponsor on all event newspaper ads •Inclusion as a sponsor on the Town's event website that will be advertised on KOLD/ Arizona Dail Star/Explorer web sites •Inclusion in 2 newspaper event ads in the Explorer/Marana Weekl News •Compan lo included in event recap video posted on Town website and social media a 31 1 Ell a jV •Includes benefits of Maize and Barle plus: •Promotional banner at event location with compan lo •Vendor table option at event (herita theme preferred) *2 reserved parkin spaces at the event • Inclusion as a sponsor on the Town's event mobile website $500 MQOZE •Includes benefits of Barle plus: • Compan y acknowled on Town social media $200 BARLEY • Lo g o included on main sponsorship banner at event MARANA, ARIZONA IN PARTNERSHIP WI GLADDEN 4 YOUR F A R M S,. � ----------- COMMUNITY ASSOCIATION 0 WN HAH�VEST FEST VAL A. FAFAMM MOM 3 P Lm. COME TO GATHER Brin y our famil and friends for a da of free fun at the SATURDAY, WLATWEZONE form during the Marano 3PML OCT. 25 Harvest Festival. GAMES / PRIZES / RAFFLES (db) 0 4 murxw ausnw-i HERITAGE RIVER PARK POMDEMONSTRMON 12375 North Herita Park Drive 12205 North Tor Farms Rood 4pm 3.10 p.m. 3.8 p.m. FARMERS MARKET / PETTING ZOO Oj / FOOD TRUCKS LIVE MUSIC BY CRAZY HEART HALLOWEEN COSTUME CONTEST & GUYS AND DAHLS JUMPING CASTLES / ROCK CLIMBING RODEO DEMONSTRATION SLIDES I HAY RIDES B ALLOON GLOW MUTTON BUSTING KIDS' ACTIVITIES / VENDORS A5 prn- BARN DANCE / S'MORES ROAST DUNK-A•COP STEAK COOKOUT /BOON DOCKING RIBBON CUTTING BY MARANA HERITAGE CONSERVANCY BALLOON GLOW & MORE PPM DANa 7 pm. JOIN IN AT MARANA.COM/HARVEST14 PRESENTED BY: IN COLLABORATION WITH: e� f V 0 n a m marono.com b+ Id %%qmVVik I . 0 READ MORE �N��VEST FESTNAL 111111111111II1111111111111V 08 0 0 0% o 0** 0 • 'to a MARANA HERITAGE RIVER PARK October 25.. 2014 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C1 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -089: Relating to Public Works; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021) (Frank Cassidy) Discussion: The Town of Marana is the lead agency for the construction of the Regional Transportation Authority's Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive project (Town of Marana Project No. 2005 -061, RTA ST021). The Town has entered into intergovernmental agreements with the RTA and with Pima County and the Town of Oro Valley for the design, right -of -way acquisition, and construction of the project. See Marana Resolution Nos. 2013 -042 and -043 adopted May 7, 2013, authorizing the RTA IGA for Tangerine Road construction design and right -of -way acquisition, and authorizing the Oro Valley /Pima County IGA for Tangerine Road design and construction. As part of the Town's previous commitments as lead agency for this project, the Town is obligated to acquire the lands and property rights needed for the Tangerine Road project. The resolution presented with this item authorizes the acquisition of all needed right -of -way by negotiation or condemnation. Financial Impact: Fiscal Year: 2014 Budgeted Y Y /N: Amount: $6,002,610 Staff Recommendation: Staff recommends adoption of Resolution 2014 -089, authorizing the acquisition of property rights needed for the construction of Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021). Suggested Motion: I move to adopt Resolution 2014 -089. Attachments: Resolution No. 2014 -089 MARANA RESOLUTION NO. 2014-089 RELATING TO PUBLIC WORKS; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE N TANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO LA CANADA DRIVE, TOWN OF MARANA PROJECT NO. 2005 -061 (RTA ST021) WHEREAS the Town of Marana needs to acquire certain rights -of -way, easements and other property rights to construct the improvements needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021), (all of which interests in real estate are collectively referred to as the "Needed Property "); and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 2. Town staff is hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 3. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring an action under the power of eminent domain to acquire the Needed Property for just compensation as determined by the Court or jury. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of October, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2014 -089 9/9/2014 11:48 AM FJC - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C2 To: Mayor and Council From: Keith Brann, Town Engineer Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -090: Relating to Public Works; Approving and authorizing the execution of an amendment to an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the I -10 /Twin Peaks Traffic Interchange (Keith Brann) Discussion: The Town formally entered into a joint project agreement (JPA) with the state of Arizona through the Arizona Department of Transportation in 2007 under Marana Resolution 2007 -109 for the design and construction of the Twin Peaks interchange. This JPA laid out the roles and responsibilities of the partners for the project. In general, Marana would design and obtain the environmental clearances for the project while ADOT would bid and administer the construction of the project. The project came to a successful conclusion and is a centerpiece of infrastructure for the Town. One aspect that made the project so striking was the aesthetic treatments of the interchange in terms of artwork and landscaping. The landscaping and artwork are above and beyond the normal palette for an ADOT interchange. Marana has always intended to and currently maintains this landscaping and artwork to our high standards, but the original JPA is silent on this topic. ADOT has requested a JPA amendment to memorialize this arrangement. The item before you amends the original Twin Peaks interchange JPA in 3 key areas. 1. The amendment states that the Town of Marana maintains the landscaping, artwork, and sidewalks of the Twin Peaks interchange project regardless of jurisdiction. 2. The Town will maintain ground mounted signs of Twin Peaks Road and street name signs where public roadways intersect the frontage road (Tiffany Loop in this instance). 3. The Town will assist ADOT in striping and street sweeping maintenance - in the event that the Town is performing this maintenance adjacent to their right of way, we will continue the maintenance through their limits of Twin Peaks Road only. The Town will not maintain the ramps or frontage roads. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Amount: $5000 The maintenance of the landscaping includes manpower to remove brush and trash, the outright cost of water to irrigate vegetation, the electricity to power the irrigation system, and any costs associated with repair of the irrigation system or replacement of vegetation. The maintenance of the artwork includes repainting, graffiti abatement, and the ultimate replacement of applications. Sidewalk, striping, signage and sweeping costs are minor in terms of the overall maintenance of these items throughout the Town. These are all costs currently accounted for in the operations and maintenance operating budget as the Town has been maintaining most of the items in this area, along with the rest of I -10. Staff Recommendation: Staff recommends adoption of Resolution No. 2014 -090. Suggested Motion: I move to adopt Resolution No. 2014 -090. Attachments: Resolution No. 2014 -090 Exhibit A to JPA Amendment MARANA RESOLUTION NO. 2014-090 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA RELATING TO THE I -10 / TWIN PEAKS TRAFFIC INTERCHANGE. WHEREAS the Arizona Department of Transportation and the Town of Marana entered into an intergovernmental agreement in 2007, authorized by Marana Resolution No. 2007 -109, to facilitate the construction of the new I -10 Twin Peaks Traffic Interchange; and WHEREAS the Arizona Department of Transportation requests amendment of the 2007 intergovernmental agreement to address ongoing maintenance and landscaping of the new I -10 Twin Peaks Traffic Interchange; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the Town of Marana to enter into this intergovernmental agreement amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that "Amendment No. One to Intergovernmental Agreement between the State of Arizona and the Town of Marana" (ADOT File No. IGA /JPA 06- 148 -I; ADOT CAR No. 13- 0001543 -I; Amendment No. One: 14- 0004629 -I; AG Contract No. KR07- 0594TRN; ADOT Project H5 83 8 01D/01C) between the Town of Marana and the State of Arizona acting by and through its Department of Transportation, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby authorized to exe- cute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement amendment. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2014 -090 9/11/2014 3:04 PM FJC ADOT File No.: IGA/ JPA 06 -148 -I ADOT CAR No.: 13- 0001543 -I Amendment No. One: 14- 0004629 -I AG Contract No.: KR07- 0594TRN Project: Twin Peaks Linda Vista TI Federal -aid No.: N/A ADOT Project: H5838 01 D 101 C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: 14506 AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. One "), entered into this date , 2014, pursuant to Arizona Revised Statutes §§ 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT ") and the TOWN OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The Town and State are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 06- 148 -I, A.G. Contract No. KR07- 0594TRN, was executed on August 1, 2007, (the "Original Agreement "); WHEREAS, the State is empowered by Arizona Revised Statutes § 28 -401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State, WHEREAS, the Town is empowered by Arizona Revised Statutes § 09 -240 to enter into this Amendment No. One and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the Town; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. One is to define maintenance responsibilities for ADOT and the Town. The Parties desire to amend the Original Agreement, as follows: Page 2 II. SCOPE OF WORK Section II. Paragraph 2. j. is revised and replaced, as follows: The Town shall: ADOT File No.: IGA/JPA 06 -148 -I ADOT CAR No. - 13- 0001543 -I Amendment No. One: 14- 0004629 -I j. After construction, be responsible for ownership and maintenance of the portion of the Project outside of ADOT's right -of -way limits; be responsible for maintenance of the portion of the Project inside of ADOT's right -of -way limits, as specified below and per Exhibit 3 ;and waive the requirements of Arizona Revised Statutes § 28 -7209. No outdoor advertising structures shall be placed within the Project limits. (Area depicted on Exhibit 2 outside the above listed areas will be abandoned by Arizona Transportation Board Resolution upon completion of the Project.) i. Perform maintenance of State right -of -way and easements on Twin Peaks Road as described below. Also maintain paint, artwork and graffiti abatement within the Twin Peaks traffic interchange. ii. Perform routine Maintenance of ALL ground- mounted signs on Twin Peaks Road outside of the interchange ramps. The Town will also maintain stop /street sign assemblies at the frontage road intersections. These signs will be replaced on an as needed basis when damaged, vandalized, removed or faded to where reflectivity is below standard. iii. In the event that the Town is performing striping maintenance along Twin Peaks Road, Town shall also perform striping maintenance within the ADOT right of way limits of Twin Peaks Road including crosswalks, stop bars, turn lane legends and lane and shoulder striping. iv. Properly maintain non - structural (not part of any bridge structure) sidewalks in a safe condition. Maintenance will include, but not be limited to, keeping the pathway surface and surrounding area free of debris, undesirable weeds and grasses, trash and litter. The sidewalk surface will be repaired or concrete slabs replaced as necessary to correct trip hazards and any erosion around the sidewalk shall be maintained to the final grade at time of completion of the sidewalk construction. v. Be responsible for the water and electrical utility costs and the backflow testing for the landscape irrigation system. vi. Perform routine maintenance of publicly owned landscaping and irrigation system and to assure permitted landscaping is properly maintained. Maintenance will consist of the following: caring for all plants in accordance with acceptable horticultural practices; keeping rock mulch as a consistent and uniform ground cover; repairing any erosion damage in the landscape area; keeping all areas free of weeds, undesirable grasses and litter; applying insecticide /herbicide sprays and dust palliative to combat diseases and other pests; pruning and replanting vegetation as required; and keeping all landscape features as it was designed and established at the completion of the project. Maintenance of the irrigation system includes all testing, adjusting, repairing, and checking the operation of the system to keep it fully functional as designed. vii. In the event that the Town is performing street sweeping maintenance along Twin Peaks Road, Town shall also perform street sweeping maintenance within the ADOT right of way limits of Twin Peaks Road. viii. Assure all maintenance work is conducted in a manner to minimize traffic congestion and interference with through traffic. All traffic control will meet the requirements of the Arizona Department of Transportation Uniform Traffic Control Manual and the Manual on Uniform Traffic Control Devices, latest edition adopted by the State with their revisions. Page 3 Section II. Paragraph 3. f. is revised and replaced as follows: 3. The State shall: ADOT File No.: IGA/JPA 06 -148 -I ADOT CAR No. - 13- 0001543 -I Amendment No. One: 14- 0004629 -I f. After construction, be responsible for ownership and maintenance of all right -of -way inside and outside of access control as depicted on Exhibit 1, conveyed to the State by the Town through Transportation Board Resolution including: Twin Peaks Road from Tiffany Loop Road station 39 +40 left and station 43 +64.76 left to Twin Peaks Road station 108 +90.31 left and station 110 +06 right; Interstate 10 from station 4783 +00 to station 4863 +00; eastbound frontage road from station 1565 +21 to station 1647 +01; westbound frontage road from station 1574 +06 to station 1627 +10. Maintenance of non - structural sidewalks, landscaping (including landscaping water and electrical costs to maintain the irrigation), and artwork (fixtures, paint, and graffiti abatement) of said project shall be the responsibility of the Town. III. MISCELLANEOUS PROVISIONS Section III, Paragraph 1. is revised; and Paragraphs 11. and 12. are added, as follows: 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity. It is further understood and agreed that in the event the Town terminates this Agreement, the State shall in no way be obligated to maintain said Project. The Town assumes full responsibility for the design, plans, specifications, reports, and the engineering in connection therewith of any design contractor cost over -runs and design claims. It is understood and agreed that, the Town shall provide maintenance for the sidewalk, landscaping, irrigation, irrigation water and electrical costs for the irrigation on ADOT's right -of -way of said Project. 11. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41 -4401. 12. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. Page 4 ADOT File No.: IGA/JPA 06 -148 -I ADOT CAR No. - 13- 0001543 -I Amendment No. One: 14- 0004629 -I THIS AMENDMENT NO. ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes § 11 -952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. TOWN OF MARANA By ED HONEA Mayor ATTEST: By JOCELYN BRONSON Town Clerk STATE OF ARIZONA Department of Transportation :1 DALLAS HAMMIT, P.E. Senior Deputy State Engineer, Development ADOT File No.: IGA/JPA 06 -148 -I ADOT CAR No. :13- 0001543 -I Amendment No. One: 14- 0004629 -I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Amendment No. One to the Original Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11 -951 through 11 -954 and declare this Amendment No. One to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No. One. DATED this day of Town Attorney - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -091: Relating to Public Works; approving and authorizing the Mayor to execute the first amendment to intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) (Frank Cassidy) Discussion: In 2012, the Town of Marana and the City of Tucson entered into an intergovernmental agreement for cooperative design and construction of water and roadway improvements on Thornydale Road, from Camino del Norte to Moore Road. The IGA was approved by Marana Resolution No. 2012 -092, adopted on November 20, 2012, and called for the project to be substantially completed no later than July 31, 2014. The project is not yet completed and will require additional time. Because it involves water infrastructure used to irrigate golf courses in Dove Mountain, Tucson Water has requested that the extension be for one year, to provide ample time to accommodate irrigation scheduling and to tie over water lines during periods of low water usage. Staff Recommendation: Staff recommends adoption of Resolution 2014 -091, approving the first amendment to intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road). Suggested Motion: I move to adopt Resolution 2014 -091, approving the first amendment to intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road). Attachments: Resolution No. 2014 -091 Exh A to Reso Thornydale TW IGA amendment MARANA RESOLUTION NO. 2014-091 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE DESIGN AND CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS (THORNYDALE ROAD, CAMINO DEL NORTE TO MOORS ROAD) WHEREAS an intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) was approved by Marana Resolution No. 2012 -092, adopted on November 20, 2012; and WHEREAS the agreement called for the project to be substantially completed no later than July 31, 2014; and WHEREAS the project is not yet completed and will require additional time; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by amending this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the first amendment to intergovernmental agreement between the City of Tucson and the Town of Marana for cooperative design and construction of water and roadway improvements (Thornydale Road, Camino del Norte to Moore Road) attached to this resolution as Exhibit A 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 intergovernmental agreement as amended. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 th day of October, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00039717.DOCX /} Resolution No. 2014 -091 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/25/2014 11:41 AM FJC FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR COOPERATIVE DESIGN AND CONSTRUCTION OF WATER AND ROADWAY IMPROVEMENTS (THORNYDALE ROAD, CAMINO DEL NORTE TO MOORE ROAD) THIS AMENDMENT is entered into by and between the CITY OF TUCSON, an Arizona municipal corporation (the "City ") and the TOWN OF MARANA, an Arizona municipal corporation (the "Town "). The City and the Town are sometimes collectively referred to as the "Parties," either one of which is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an "Intergovernmental Agreement Between the City of Tucson and the Town of Marana for Cooperative Design and Construction of Water and Roadway Improvements (Thornydale Road, Camino Del Norte to Moore Road) ", recorded in the office of the Recorder of Pima County, Arizona, on January 18, 2013 at Sequence No. 20130180983 (the "Original IGA "). B. Paragraph 8 of the Original IGA called for the Project to be substantially completed no later than July 31, 2014. C. The Project will require additional time. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated by reference here, and in consideration of the matters and things set forth in this Amendment, the Parties hereby agree as follows: 1. Construction start, duration, and substantial completion. Paragraph 8 of the Original IGA is hereby amended to state that the Project shall be substantially completed no later than July 31, 2015. 2. Continuation of remaining terms. Except as amended by this Amendment, the terms of the Original IGA shall remain in place. 3. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterpart and attached to a single instrument. {00039577.DOCX /} - 1 - 9/25/2014 9:17 AM FJC 4. Effective date; term. This Amendment shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the City are made, and all warranties applicable to the Project have expired. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last signature date below. TOWN OF MARANA, an Arizona municipal corporation B Ed Honea, Mayor Date: ATTEST: CITY OF TUCSON, an Arizona municipal corporation 0 Jonathan Rothschild, Mayor Date: ATTEST: Town Clerk City Clerk ATTORNEY CERTIFICATION The undersigned attorneys for the City of Tucson and the Town of Marana have determined, each as to their respective client only, that this intergovernmental agreement amendment is in proper form and is within the powers and authority granted under Arizona law to the City of Tucson and the Town of Marana. City Attorney Town Attorney {00039577.DOCX /} -2- 9/25/2014 9:17 AM FJC - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C4 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -092: Relating to Real Estate; Vacating a portion of the public right -of -way of Dalton Place (Camino de Mariana) through the Tucson Electric Power Company properly lying northeast of the westbound Interstate 10 frontage road (Frank Cassidy) Discussion: Under paragraph 7 of the Second Spectrum DA Amendment, the Town agreed to pursue abandonment proceedings to abandon the public right -of -way of Dalton Place through the Tucson Electric Power Company property lying northeast of the westbound Interstate 10 frontage road. This item accomplishes that abandonment. Vintage Partners has granted a private legal access through the Marana Center project, connecting the Tucson Electric Power Company property to the public roadway system. To the best of staff s knowledge, there are no utilities or pipes located within the abandonment area. Staff Recommendation: Staff recommends adoption of Resolution 2014 -092, abandoning the Dalton Place right -of -way through the Tucson Electric Power Company property. Suggested Motion: I move to adopt Resolution 2014 -092, abandoning the Dalton Place right -of -way through the Tucson Electric Power /UNS Energy Corporation property. Attachments: Resolution No. 2014 -092 Reso Exhibits Legal and Map MARANA RESOLUTION NO. 2014-092 RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT -OF- WAY OF DALTON PLACE (CAMINO DE MANANA) THROUGH THE TUCSON ELECTRIC POWER COMPANY PROPERTY LYING NORTHEAST OF THE WESTBOUND INTERSTATE 10 FRONTAGE ROAD WHEREAS the Town of Marana and VP Marana 160, LLC, entered into the Second Amendment to Marana Spectrum Development Agreement (the "Second Spectrum DA Amendment ") recorded in the Pima County Recorder's office on May 15, 2014 at Sequence 20141350543; and WHEREAS paragraph 7 of the Second Spectrum DA Amendment provides for the Town of Marana to timely begin and diligently pursue abandonment proceedings pursuant to A.R.S. § 28 -7201 et seq., abandoning the public right -of -way of Dalton Place through the Tucson Electric Power Company property lying northeast of the westbound Interstate 10 frontage road, subject (among other things) to the Town's obligation to proceed as required by law, including the need to address any rights of property owners and utility companies that rely on the right -of- way sought to be abandoned; and WHEREAS the abandonment of the Dalton Place right -of -way addressed by this resolution is one of the elements of legal consideration addressed in the Second Spectrum DA Amendment; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9- 240(B)(3)(e) and 28 -7205 to vacate and abandon Town roadways; and WHEREAS the Town Council Ends that the Town is receiving appropriate consideration for the Abandonment Parcel for purposes of A.R.S. § 28 -7208 based on the respective rights and obligations of the parties under the Second Spectrum DA Amendment and the limited marketability of the narrow strip of land being vacated; and WHEREAS the land adjoining the Abandonment Parcel has been provided private legal access through the Marana Center development, connecting the land adjoining the Abandonment Parcel with an established public roadway; and WHEREAS the Town Council believes, based on reasonable diligence and available information, that no utilities, pipelines, telecommunications facilities, canals, or appurtenances addressed by A.R.S. § 28 -7210 are located within the Abandonment Parcel; but acknowledges the reservation of easements provided in A.R.S. § 28 -7210 to the extent such facilities exist before this abandonment; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. {00039602.DOCX / 31 Resolution No. 2014 -092 - 1 - 9/24/2014 8:40 AM FJC NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons that portion of the public right -of -way of Dalton Place as particularly described in Exhibit 1 and depicted in Exhibit A attached to and incorporated into this resolution by this reference (referred to in this resolution as the "Abandonment Parcel "). SECTION 2. The Town Engineer is hereby authorized to execute aquit -claim deed of abandonment in favor of the owner of land adjacent to the Abandonment Parcel in a form approved by the Town Attorney, evidencing the transfer of title to the Abandonment Parcel in accordance with the requirements of and as prescribed by A.R.S. § 28 -7205. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00039602.DOCX / 31 Resolution No. 2014 -092 -2- 9/24/2014 8:40 AM FJC Wood, Patel & Associates, Inc. (602) 335-8500 wwwwoodpateLcom PARCEL DESCRIPTION Marana Center Roadwa Abandonment Februar 24, 2014 WP # 134026-07 Pa I of 2 See Exhibit "A" A portion of Camino De Manana (Dalton Place), recorded in Book 2 of Road Maps, pa 1, Pima Count Records ( P.C.R.), l within Section 22, Township 12 South, Ran 12 East, of the Gila and Salt River Meridian, Pima Count Arizona, more particularl described as follows: All that portion of said Camino De Manana (Dalton Place) l within that certain 200-foot wide parcel of land l northeasterl of, ad to, and parallel with the northeasterl ri line of the Union Pacific Railroad parcel as described in the Special Report, prepared b First American Title Insurance Compan No. NCS-651302-PHXI, dated Januar 14, 2014. Subject to existin ri wa and easements. This parcel description is based on an unrecorded ALTA Surve prepared b Ashb Surve & Draftin Inc,, Job No: 5565, dated Jul 31, 2013, a Special Report, prepared b First American Title Insurance Compan No. NCS-651302-PHXI, dated Januar 14, 2014, and other client provided information. This parcel description is located within an area surve b Wood, Patel and Associates, Inc. durin the month of December, 2013. An monumentation noted in this parcel description is within acceptable tolerance (as defined in Arizona Boundar Surve Minimum Standards dated 0211412002) of said positions based on said surve LA YAWP\Parcel Descriptions\2013 Parcel Descriptions\ 13 4026,07 Marana Center Roadwa Abandonment L08 02-24-14, doe \��CA GO 4611 KATHY M. SVECHOVSKY 0 reed EXPI S 03-- 31 EXHIBIT 1 TO RESOLUTION N. 1/4 COR. SEC. 22, T.12S_, R_12E. R.O.W. PER DKT. 13421, PG. 3601, P.C.R. EX. R/W PER RIGHT OF WAY PLANS OF THE CASA GRANDE - TUCSON HIGHWAY TWIN PEAKS - LINDA VISTA T.I./ PER BK. 2, LC\ � ,J: S Q - 0 /� I? �l D 4� C CENTER COR. SEC. 22, T.12S., R.12E. O SAND S EXHIBIT "A" co 46118 - �Z- MARANA CENTER KATHY M. ROADWAY ABANDONMENT WWD /PATE L LO SvECHOVS K _ 02/24/14 2 051 �. � � � ned �"�� PAGE 2 OF O 2 PHOENIX AZ 85201 � NOT TO SCALE Phone: (602) 335 -8500 N: \2013 \134026 Marano Fax: (602) 335 -8580 PxoENff. MESA •TUCSON Ex RE 03 -31 -16 \Survey \Legal \4026L08 30' 30 ---- �-- APN 221- 04 -004E I zI� zW �a alz � z _o F� o U. i APN 221- 04 -004G LC\ � ,J: S Q - 0 /� I? �l D 4� C CENTER COR. SEC. 22, T.12S., R.12E. O SAND S EXHIBIT "A" co 46118 - �Z- MARANA CENTER KATHY M. ROADWAY ABANDONMENT WWD /PATE L LO SvECHOVS K _ 02/24/14 2 051 �. � � � ned �"�� PAGE 2 OF O 2 PHOENIX AZ 85201 � NOT TO SCALE Phone: (602) 335 -8500 N: \2013 \134026 Marano Fax: (602) 335 -8580 PxoENff. MESA •TUCSON Ex RE 03 -31 -16 \Survey \Legal \4026L08 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C5 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -093 Relating to Real Estate; Vacating a portion of the public right -of -way of old Camino de Mariana through the VP Marana 160, LLC, property lying south of the intersection of Twin Peaks Road and Blue Bonnet Road (Frank Cassidy) Discussion: Under paragraph 7 of the Second Spectrum DA Amendment, the Town agreed to pursue abandonment proceedings to abandon the public right -of -way of old Camino de Mariana through the future water reservoir site owned by VP Marana 160, LLC, lying south of the intersection of Twin Peaks Road and Blue Bonnet Road. This item accomplishes that abandonment. To the best of staff s knowledge, there are no utilities or pipes located within the abandonment area. Staff Recommendation: Staff recommends adoption of Resolution 2014 -093, abandoning the public right -of -way of old Camino de Mariana through the future water reservoir site owned by VP Marana 160, LLC, lying south of the intersection of Twin Peaks Road and Blue Bonnet Road. Suggested Motion: I move to adopt Resolution 2014 -093, abandoning the public right -of -way of old Camino de Mariana through the future water reservoir site owned by VP Marana 160, LLC, lying south of the intersection of Twin Peaks Road and Blue Bonnet Road. Attachments: Resolution No. 2014 -093 Exh A to Reso Reservoir site legal description MARANA RESOLUTION NO. 2014-093 RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF- WAY OF OLD CAMINO DE MANANA THROUGH THE VP MARANA 160, LLC, PROPERTY LYING SOUTH OF THE INTERSECTION OF TWIN PEAKS ROAD AND BLUE BONNET ROAD WHEREAS the Town of Marana and VP Marana 160, LLC, entered into the Second Amendment to Marana Spectrum Development Agreement (the "Second Spectrum DA Amendment ") recorded in the Pima County Recorder's office on May 15, 2014 at Sequence 20141350543; and WHEREAS paragraph 7 of the Second Spectrum DA Amendment provides for the Town of Marana to timely begin and diligently pursue abandonment proceedings pursuant to A.R.S. § 28 -7201 et seq., abandoning any remaining public right -of -way of old Camino de Mariana bordered on both sides by the VP Marana 160, LLC, property lying south of the intersection of Twin Peaks Road and Blue Bonnet Road, Pima County Assessor's Parcel Number 216- 23 -075A, legally described in Exhibit A attached to and incorporated by this reference in this resolution, and referred to in this resolution as the "Reservoir Site "; subject (among other things) to the Town's obligation to proceed as required by law; and WHEREAS the abandonment of the old Camino de Mariana right -of -way addressed by this resolution is one of the elements of legal consideration addressed in the Second Spectrum DA Amendment; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9- 240(B)(3)(e) and 28 -7205 to vacate and abandon Town roadways; and WHEREAS the Town Council finds that the Town is receiving appropriate consideration for the Abandonment Area for purposes of A.R.S. § 28 -7208 based on the respective rights and obligations of the parties under the Second Spectrum DA Amendment, the limited marketability of the narrow strip of land being vacated, and the historic ambiguity about the exact limits of the old Camino de Mariana right -of -way in this particular location; and WHEREAS the Town Council believes, based on reasonable diligence and available information, that no utilities, pipelines, telecommunications facilities, canals, or appurtenances addressed by A.R.S. § 28 -7210 are located within the Abandonment Area; but acknowledges the reservation of easements provided in A.R.S. § 28 -7210 to the extent such facilities exist before this abandonment; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. {00039615.D0CX / 21 Resolution No. 2014 -093 - 1 - 9/25/2014 1:14 PM FJC NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons that portion of the public right -of -way of old Camino de Mariana (both as it was established by Pima County Road Proceeding No. 220, recorded in the office of the Recorder of Pima County, Arizona, at Book 2 of Road Maps at Page 1; and as it was constructed) located within the Reservoir Site. This portion of old Camino de Mariana public right -of -way is referred to in this resolution as the "Abandonment Area." SECTION 2. The Town Engineer is hereby authorized to execute aquit -claim deed of abandonment in favor of the owner of land adjacent to the Abandonment Area in a form approved by the Town Attorney, evidencing the transfer of title to the Abandonment Area in accordance with the requirements of and as prescribed by A.R.S. § 28 -7205. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00039615.D0CX / 21 Resolution No. 2014 -093 -2- 9/25/2014 1:14 PM FJC EXHIBIT A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: That portion of the Southeast quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENCING at the South sixteenth corner common to Sections 11 & 12, Township 12 South, Range 12 East, Gila & Salt River Meridian, Pima County, Arizona, monumented with a found 1/2" steel rebar with tag marked "LS 13178 ", being South 02 degrees 02 minutes 18 seconds East, 1344.58 feet from the east quarter corner of Section 11, monumented by a 1 -3/4" lead cap on pipe marked 1/4", as shown in Book 58, page 26 of Surveys in the Office of the Pima County Recorder; THENCE North 89 degrees 54 minutes 28 seconds West upon the South line of the Northeast quarter of said Southeast quarter, a distance of 20.04 feet to the true POINT OF BEGINNING; THENCE continue North 89 degrees 54 minutes 28 seconds West upon said South line, a distance of 307.79 feet to a point on a curve concave to the northwest, having a radial bearing of North 39 degrees 33 minutes 54 seconds West, on the southeasterly right -of -way of the proposed alignment of Camino de Manana per Right -of -Way Plans for Camino de Manana/ Dove Mountain Extension, Project No. 2001 -52 for the Town of Marana; THENCE upon said southeasterly right -of -way, an arc of said curve, to the left, having a radius of 1030.00 feet and a central angle of 16 degrees 37 minutes 53 seconds for an arc distance of 298.98 feet to the beginning of a reverse curve concave to the south; THENCE upon the arc of said curve, to the right, having a radius of 25.00 feet and a central angle of 101 degrees 30 minutes 06 seconds for an arc distance of 44.29 feet to the beginning of a compound curve concave to the west on the westerly right -of -way of proposed Blue Bonnet Lane per said Right -of -Way Plans; THENCE upon said westerly right -of -way, an arc of said curve to the right, having a radius of 232.00 feet and a central angle of 42 degrees 39 minutes 27 seconds for an arc distance of 172.73 feet; THENCE upon said westerly right -of -way South 02 degrees 02 minutes 14 seconds East, a distance of 70.28 feet to the POINT OF BEGINNING. {00039619.DOCX 4 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C6 To: Mayor and Council From: Lisa Shafer, Interim Director Date: October 7, 2014 Strategic Plan Focus Area: Community, Heritage Strategic Plan Focus Area Additional Info: The planned development of the Marana Heritage River Park Master Plan addresses all of the Town's five strategic focus areas. The Heritage River Park represents an opportunity to celebrate Marana's rich history and agricultural heritage while developing new community and economic benefits through private — public partnerships. Community Development Block Grant funding will allow the Town to begin the build out of the Heritage Farm in the area around the demonstration garden. Subject: Resolution No. 2014 -094: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2014 -2015 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate - income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several obj ective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town does not meet the entitled communities criteria, any CDBG funding received by the Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines and the HUD - approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in three specific programs (Colonia Neighborhood Clean -up, Housing Rehabilitation and Marana Heritage River Park) and for funding to cover the cost of administering programs that address the needs of low -to moderate - income families. Pima County awarded the Town of Marana $80,000 from the 2014 -2015 Community Development Block Grant Program. The grant provided funding for Administration ($15,000) and Improvements to Marana Heritage River Park ($65,000). This is a slight decrease in funding from the 2013 -2014 award, making it the lowest CDBG award in the Town's history for the fourth consecutive year. This was the first year in almost 20 years that we did not receive housing rehabilitation funding. These cuts in funding continue to place limits on the Town's ability to provide services to citizens. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Yes Amount: $80,000 This funding does not require any match or leveraged funding. All services will be provided with direct cost reimbursement. Staff Recommendation: Staff recommends approval of the intergovernmental agreement with Pima County for the management and implementation of the 2014 -2015 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2014 -094, approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2014 -2015 Community Development Block Grant Program. Attachments: Resolution No. 2014 -094 Exhibit A - IGA MARANA RESOLUTION NO, 2014-094 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2014 -2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Community Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Hous- ing and Urban Development under the CDBG program for the 2014 -2015 federal fiscal year; and WHEREAS the Town of Marana has been selected as a sub - grantee through Pima Coun- ty's proposal process; and WHEREAS the parties may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R. S. § 11-952, et seq. ; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the intergovernmental agreement. Marana Resolution No. 2014 -094 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of October, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2014 -094 INTERGOVERNMENTAL AGREEMENT between Pima County and Town of Marana for Management and Implementation of the Community Development Block Grant Program THIS Intergovernmental Agreement ("IGA ") is entered into by and between Pima County, a body politic and corporate of the State of Arizona (" COUNTY ") and the Town of Marana, a municipality of the State of Arizona ( "TOWN "). RECITALS A. COUNTY and TOWN may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R. S. § 11 -951, et seq. B. TOWN is authorized by A.R.S. §9- 500.11 to expend public monies for and in connection with economic development activities. C. COUNTY is authorized by A.R.S. §§ 11- 254.04, 11 -251 (5) and 11 -251 (17) to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the COUNTY. D. COUNTY and TOWN are authorized by A.R.S. § 30 -1403 to exercise certain powers relating to housing projects. E. COUNTY applied for and received Community Development Block Grant ( "CDBG ") funds in the amount of $2,498,848.00 from the U.S. Department of Housing and Urban Development ( "HUD ") under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93 -383). F. Under solicitation number CDNC- 12- 15- 13- OA -ESG -CDBG COUNTY sought proposals from local agencies for Federal Fiscal Year 2014 -2015 for programs that would qualify for CDBG funds. G. TOWN submitted a response to this COUNTY solicitation. H. COUNTY has determined the services proposed in the Town's response to the solicitation are eligible activities under CDBG and that TOWN is qualified to provide the services. I. TOWN'S program was determined to be in the best interests of the residents of Pima County. J. The 2014 -2015 Annual Action Plan COUNTY submitted to HUD to obtain CDBG funds, included TOWN'S proposal. K. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program. NOW THEREFORE, COUNTY and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: AGREEMENT ARTICLE I -- TERM This IGA shall be effective on October 1, 2014 and shall terminate on December 31, 2015 unless sooner terminated or further extended pursuant to the provisions of this IGA. This IGA upon mutual consent of the parties may be extended for a period of time not to exceed two (2) additional one -year periods. Any modification or time extension of this IGA shall comply with the modifications provisions contained in Exhibit B. 93696 1 00147260 1 v T ARTICLE II -- SCOPE This IGA establishes the rights and responsibilities of the Parties for the provision of CDBG funding to TOWN for the specific activities described in the Project Summary attached as Exhibit A . In consideration for the CDBG funds received, TOWN shall: A. Perform the activities set forth in the Project Summary Exhibit A . Work must be performed to the satisfaction of the COUNTY. B. Comply with the special Agency Conditions set forth in Exhibit B . C. Use CDBG funds in accordance with terms of: 1. The 2014 --2015 Annual Action Plan ( "Plan ") submitted by COUNTY to HUD for CDBG funding; 2. The Certifications that were submitted concurrently with the Plan; and, 3. The Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein. D. Undertake the same obligations to COUNTY, as COUNTY does to HUD pursuant to said Plan and assurances. TOWN will hold COUNTY harmless against any injury that COUNTY may suffer with respect to HUD on account of any failure on the part of TOWN to fulfill any obligations to HUD. E. Certify that the projects under this IGA meets one of the CDBG Program's National objectives defined in 24 C.F.R. 570.208. TOWN certifies that the activities carried out pursuant to this IGA will meet and benefit low- and moderate- income persons. F. Provide quarterly and annual program reports on COUNTY'S web based reporting system at http: / /www.pima.gov /CED /Data /forms.html Reports provided in any other form shall be accepted only after a written approval is provided by the Community Development and Neighborhood Conservation director or authorized representative. Reports shall be submitted as follows: 1. Quarterly reports shall be submitted no later than the following dates for the preceding quarter: a. January 31 b. April 30 c. July 31 d. October 31 2. The quarterly reports shall include: a. Demographic information including client's address; income level; family size; race; whether the family is female- headed household; services provided; and, whether anyone in the family is elderly or handicapped; and b. A narrative of the program's accomplishments; problems or concerns impacting the achievement of the program's goals and objectives during the past quarter; and, an output and outcome report. The output report shall include affordable housing, housing rehabilitation and public facilities improvements. The outcome report shall include improved affordable housing services; improved housing conditions related to repairs, modifications, or weatherization to increase safety, suitability, or livability of the housing units, and increased access to a public facility due to its expansion or creation of new services. 3. The annual report shall include a community impact narrative, demographic information and a financial report. TOWN shall submit the annual report no later than January 31 2015. 93656 1 00147260 1 v 1 Page 12 G. Warrant compliance with the TOWN'S Certification contained in Exhibit C and the Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the community Development Block Grant Program and HOME Investment Partnership Program contained in Exhibit D . H. Employ suitable trained and skilled personnel to perform all services under this IGA. 1. Be the legal entity responsible for operating and maintaining the projects to be developed as described in Project Summary Exhibit A. ARTICLE III -- FINANCE A. Maximum Allocation of CDBG funds This is a cost reimbursement contract. COUNTY shall reimburse TOWN for CDBG- eligible costs for activities as follows: ACTIVITY Administration . ................. DBG FUNDS ALLCAT 3 ----------- ---------- $15,000.00 Improvements to Marana Herita a River Park $55,000.00 MAXIMUM ALLOCATION $80,000.00 B. Payments Payments will be from CDBG funds only and will not exceed the Maximum Allocation established for the Program by HUD and set forth above. The following conditions shall apply: 1. Requests for reimbursement must be made only for the CDBG- eligible costs for the activities approved in Paragraph A above. General administration expenses will not be paid unless specifically set forth. 2. Requests for reimbursement shall include all claims and invoices of every kind and nature against COUNTY arising under this IGA. 3. TOWN shall submit monthly requests for payment no more than 30 calendar days following the expenditure month, except requests for payment for expenses occurring in May must be submitted by June 15 and expenses incurred in June must be submitted prior to July 7. COUNTY may, at its sole discretion, deduct processing and administrative costs from the payment to SUBGRANTEE on any request for reimbursement received after these dates. 4. COUNTY may, at its sole discretion, deny payment completely for requests for reimbursement that are submitted to COUNTY within the following time frames: a. More than sixty (60) days after the end of the month in which the expenses were incurred in the months of October through March, July and August; b. After June 21 for expenses incurred in April and May; c. After July 15 for expenses incurred in June; and d. After October 31 for expenses incurred in September. 5. All requests for payments shall be made on the form set forth in Exhibit E . Requests must be: a. Approved and signed by an authorized representative of TOWN. b. For services and costs as identified in Exhibit A and must reference this contract number. c. Supported by documentation which may include, but is not limited to: i. A summary report of monthly expenditures. ii. Copies of invoices and /or checks (front and back) or the general ledger to support: (1) Purchases of goods or services; and (2) Operations costs (space, utilities, etc.) proportionally allocated to the provision of services under this IGA. iii. Detailed travel and training reports to support all such expenses. 93696 / 00147260 v I Pa 13 iv. Time sheets to support all staff time, proportionally allocated to the provision of services under this Grant Agreement. Time sheets must show the days and hours worked for all programs and should be signed by the employee and their supervisor. v. Fringe benefit calculations, if approved, at the rate as shown in the budget in Exhibit A . vi. Copy of contract(s) detailing activities and costs for any subcontractors used to deliver services under this ICA. vii, A calculation of administrative /indirect costs, evidencing that such costs do not exceed the maximum set forth in this [GA. viii. only for authorized expenses which are not paid or reimbursed by another Federal, grant or other revenue source. 6. All requests to modify the current fiscal year budget line item amounts shall be on the form set forth in Exhibit F . TOWN must limit requested modification of line items to 10% of the total IGA amount. Any requests to modify the current fiscal year budgeted activity amounts must be submitted to COUNTY and must: a. Include invoices for the requested change; b. Be for expenditures made within 30 days of the date of the request; and c. Be submitted on or before July 7. 7. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOWN must submit evidence that the invoiced bill was paid by TOWN within (30) thirty calendar days. Future payments to TOWN may be withheld until this evidence of payment is received and approved by COUNTY. 8. Payment by COUNTY will generally occur thirty (30) days from the date the submission is received by Pima County Finance Department. TOWN should budget their cash needs accordingly. 9. TOWN may not be entitled to, and may forfeit, payment of expenses not submitted to COUNTY as follows: a. More than (60) days after the end of the month in which expenses were incurred in the months of October through March; b. After June 15 for expenses incurred in April and May; c. No later than July 6 for expenses incurred in June to meet' COUNTY'S. fiscal year -end requirements; d. More than sixty (60) days for expenses incurred in July through November; and e. After January 31, 2015 for expenses incurred in December. 10. Payments received by TOWN shall be reconciled with actual costs incurred by TOWN either before the final payment is made under this IGA or through a subsequent audit after final payment. If payment received exceeds actual costs COUNTY shall, at its sole discretion, determine whether it will require TOWN to: a. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30) days of receipt of the request from COUNTY; or, b. Provide, for no additional reimbursement, additional units of ICA services during the following ICA term, if any. such additional units of service must be provided in a number equal to the excess amount received by TOWN divided by the unit fee in effect at the time the excess funds were provided to TOWN. 11. To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after July 1, 2014. All planning and administration costs not used by the end of the next fiscal year, June 30, 2015, shall be forfeited. 12. For the period or record retention required under Section 20 COUNTY reserves the right to question any payment made under this Section and to require reimbursements therefore by setoff or otherwise for payments determined to be improper or contrary to the IGA or law. ARTICLE IV -- TERMINATION A. COUNTY reserves the right to terminate this IGA at anytime and without cause by serving upon TOWN 30 days advance written notice of such intent to terminate. In the event of such termination, the COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination. B. Notwithstanding Paragraph A above, if any state or federal grant monies used to pay for performance under this IGA are either reduced or withdrawn, COUNTY shall have the right to either reduce the services to be provided and the total dollar amount payable under this Grant Agreement or terminate the Grant Agreement. To the extent possible, COUNTY will endeavor to provide fifteen (15) days written notice of such reduction or termination. In the event of a reduction in the amount payable, COUNTY shall not be liable to TOWN for more than the reduced amount. In the event of a termination under this paragraph, COUNTY'S only obligation to TOWN shall be payment for services rendered prior to the date of termination to the extent that grant funds are available. C. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations under this IGA. In the event of such termination, COUNTY shall have no further obligation to TOWN, other than to pay for services rendered prior to termination. ARTICLE V -- DISPOSAL OF PROPERTY Upon the termination of this IGA, all property involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to IGA. ARTICLE Vl -- INDEMNIFICATION Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims ") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious /derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. ARTICLE Vil -- COMPLIANCE WITH ALL LAVA'S The parties shall 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 shall govern the rights of the parties, the performance of this IGA, and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. ARTICLE Vlll -- NON - DISCRIMINATION TOWN agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive ,..a 15 Order 2009 -09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Governor of the State of Arizona's website: http: / /www.azgovernor.gov /dms /upload /EO_2009 09.pdf These documents are hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, TOWN shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. ARTICLE IX — AMERICANS WITH DISABILITIES ACT A. TOWN shall comply with all applicable provisions of the American with Disabilities Act (Public Law 101- 335, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 35. B. If TOWN is carrying out a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to the program to the same extent and degree that would be required of COUNTY under 28 CFR Sections 35.130, 35.133 35.149 through 35.151, 35.150, 35.101, and 35.103. Failure to do so could result in the termination of this IGA. ARTICLE X -- SEVERABILITY If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. ARTICLE XI — CONFLICT OF INTEREST This IGA 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. ARTICLE XII — NON - APPROPRIATION Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this IGA. In the event of such cancellation, COUNTY shall have no further obligation to TOWN, other than for payment of services rendered prior to cancellation. ARTICLE XIII -- LEGAL AUTHORITY Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. ARTICLE XIV -- WORKER'S COMPENSATION Each party shall comply with the notice of A.R.S. § 23- 1022(E). For purposes of A.R.S. § 23 -1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 93656 f 00147260 / v 1 Page 16 ARTICLE XV -- NO JOINT VENTURE It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer- employee relationship between COUNTY and any TOWN employees, or between TOWN and any COUNTY employees. Neither party shall be 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 income taxes for itself or any of its employees. ARTICLE XVI -- NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or effect the legal liability of either party to the IGA by imposing any standard of care different from the standard of care imposed by law. ARTICLE XVII -- NOTICE Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: COUNTY: *1T VA0F Margaret Kish, Director Hon. Ed Honea, Mayor Pima county Community Development and Town of Marana Neighborhood conservation Department 11555 W. Civic center Drive 2797 E. Ajo Way, 3rd Floor Marana, AZ 85553 Tucson, AZ 85713 ARTICLE XVIII -- RECORD RETENTION A. TOWN shall keep and maintain all records required by the Federal regulations specified in 24 CFR. 570.505, that are pertinent to the activities to be funded under this IGA, which shall be open at all reasonable times for inspection and audit by duly authorized representative of COUNTY. Such records shall include, but are not limited to: 1. Records providing a full description of each activity taken; 2. Records demonstrating that each activity undertaken meets one of the National objectives of the CDBG program; 3. Records required to determine the eligibility of activities; 4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;\ 5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;\ 5. Records documenting Environmental Review compliance; 7. Records documenting scope of work, change orders, on -site inspection and sign -off on rehabilitation work, including final inspection; 8. Records of owner occupancy (property deed or land contract); 9. Records of disbursements made for completed and approved work; 10. Financial records as required by 24 CFR 570.502 and 24 CFR 84.21 -28; and 11. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. B. TOWN shall retain all financial records, supporting documents, statistical records, and all other records relating to this IGA for a period of four (4) years from the start of the retention period or until any related - pending proceeding or litigation has been closed, whichever date is later. The retention period starts from the date of submission of COUNTY'S annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. TOWN must comply with Section 570.505 "Records to be //Maintained" of the community Development Block Grant Program — Entitlement Grant Regulations. A. Pursuant to A.R.S. § 39.121 et seq., and A.R.S. § 34- 603(G) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, chapter 6, all information submitted in response to this solicitation, including, but not limited to, pricing, product specifications, work plans, and any supporting data becomes public information and upon request, is subject to release and/or review by the general public including competitors. B. Any records submitted in response to this solicitation that respondent believes constitute proprietary, trade secret or otherwise confidential information must be appropriately and prominently marked as CONFIDENTIAL by respondent prior to the close of the solicitation. C. Notwithstanding the above provisions, in the event records marked CONFIDENTIAL are requested for public release pursuant to A.R.S. § 39 -121 et seq., COUNTY shall release records marked CONFIDENTIAL ten (10) business days after the date of notice to the respondent of the request for release, unless respondent has, within the ten day period, secured a protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the records. For the purposes of this paragraph, the day of the request for release shall not be counted in the time calculation. Respondent shall be notified of any request for such release on the same day of the request for public release or as soon thereafter as practicable. D. COUNTY shall not, under any circumstances, be responsible for securing a protective order or other relief enjoining the release of records marked CONFIDENTIAL, nor shall COUNTY be in any way financially responsible for any costs associated with securing such an order. ARTICLE XX -- ELIGIBILITY FOR PUBLIC BENEFITS TOWN shall comply with applicable provisions of A.R.S. § §1 -501- AND 1 -502 regarding public benefits, which are hereby incorporated as provisions of this IGA to the extent such provisions, are applicable. ARTICLE XXI -- TRANSACTION PRIVILEGE TAX TOWN agrees that any transaction privilege and use taxes levied by the TOWN on the Project shall be contributed to the Project as a portion of TOWN'S share of the costs of the Project. TOWN shall provide an accounting to COUNTY of the total amount of transaction privilege and use taxes collected by the TOWN for the Project and pay the total amount of such taxes to the COUNTY in accordance with this IGA. ARTICLE XXII — INSURANCE TOWN shall maintain commercial general liability — occurrence form, automobile liability, and worker's compensation and employer's liability insurance, or be self - insured, in amounts sufficient to cover any claims, whether or not due to negligence, which may arise in the performance of the activities set forth in this IGA. ARTICLE XXIII -- ENTIRE AGREEMENT This document constitutes the entire IGA between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. In Witness Whereof, the parties agree to affix their signatures to execute this IGA on the dates written below; PIMA COUNTY: Chair, Board of Supervisors ATTEST Date TOWN OF RANA: Mayor Date ATTEST: Clerk of the Board Date Town Clerk REVIEWED BY: �' kt4w-"�O d 3 "/ V Director Date Community Development and Neighborhood Conservation Department REVIEWED BY: Date Director ATTORNEY CERTIFICATION Date The foregoing Intergovernmental Agreement between Pima county and Town of Marana, acting as a consortium, for the development and submission of the 2016 Consolidated Plan has been reviewed, pursuant to A.R.S. X11 -952 by the undersigned Deputy county Attorney and the Town of Marana Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by Pima County and Town of Marana. PIMA COUNTY: K ren .Friar, Deputy County Attorney Date TOWN OF MARANA: Town Attorney Date 93656 1 00147200 / v 1 Page 19 PROJECT'S SUMMARY See attached for each project: Administration $15,000.00 Marana Heritage River Park $55,000.00 ❑ , ar-r-G 1 00-1 n 1 .► I Grantee Name: PIMA COUNTY C.PMP Version 2.0 Project Name: TOWN OF MARANA - ADMINISTRATION Description: TIDIS Project #: JUOG Code: IAZO49019 Administration of the CDBG pro Location: Priorit Need Cate 11555 West Civic Center Drivel Marana, Az 85653 in the Marana Select one: Planning/Administration desi colonic. Explanation: Expected Completion Date: Local Government ( 061 rj � 0 1 5 0 Decent Housin 0 Suitable Livin Environment 0 Economic Opportunity Specific Ob Outcome Cate 1 ❑ Availabilit ❑ Affordabilit 2 -------------------------------- - - - - -- - -- - -------- ---------------------------- - - -- - - - ------- ------ - ❑ Sustainabilit 3 Accompl. T Proposed Accompl. T w Proposed Aw Underwa Underwa C > 0 N/A Complete Complete 0 E Accompl. T w Proposed ----------------------- Accompl, Type: Proposed Underwa Underwa 4) CL I Complete Complete 0 cL V Accompl. T w Proposed Accompl. T Proposed Underwa Underwa Complete Complete Proposed Outcome Performance Measure Actual Outcome 21A General Pro Administration 570-206 Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes CDBG w Proposed Amt. 25000 Fund Source: Proposed Amt. Actual Amount Actual Amount LM M 4) mw Fund Source: Proposed Amt. Fund Source: Proposed Amt. i Actual Amount Actual Amount i Accompl. T w Proposed Units Accompl. T 'w Proposed Units cm Actual Units Actual Units 0 Accompl. T w Proposed Units Accompl. Type: w I Proposed Units L- Actual Units Actual Units ------------ -- -------------------------- Project (34) 1 CPM P Project (34) 2 CPMP CDBG v Proposed Amt. 15 Fund Source: v Proposed Amt. i CM 0 IL Actual Amount Fund Source: Accompl. Type: Accompl. Type: w t v Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Fund Source: w Proposed Amt. Actual Amount Accompl. Type: v Proposed Units Actual Units Accompl. Type: ♦ Proposed Units - Actual Units Actual Units +Q > i t Q CL CDBG w Proposed Amt. Actual Amount 15 000 Fund Source: Fund Source: Accompl, Type: Accompl .. Type: -w v ♦ w Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Pro posed Units Fund Source: v Proposed Amt. Actual Amount Accompl. Type: v Proposed Units Actual Units Accomp Type: t Proposed Units Actual Units - - - - Actual Units CDBG w Proposed Amt. 15000 Fund Source: v Proposed Amt. 4) i CM 0 i Actual Amount Fund Source: Accompl. Type: Accompl. T ype: v Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Fund Source: w Proposed Amt. Actual Amount Accompl. Type: v Proposed Units Actual Units Accompl. Type: Proposed Units Actual Units Actual Units Ln CDBG Proposed Amt. 15000 Fund Source: v Proposed Amt. ( i 0 L O - -- - - Actual Amount Fund Source: - _ - Accompl. Type: Accompl. Type: r v Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Fund Source: w Proposed Amt. Actual Amount Accompl. Type: Proposed Units Actual Units Accompl. Type: ♦ Proposed Units Actual Units Actual Units Project (34) 2 CPMP Grantee Name: PIMA COUNTY CPMP Version 2.0 Project Name: TOWN OF MARANA -MARANA HERITAGE RIVER PARK Description: I I IDIS Project #: I FVOG Code: AZ049019 CDBG funds will be used to convert an existin farm structure into an ADA accessible communit space to accomodate a farmer's market, build additional multi-use paths and improve communit g arden amenities for low income residents in Marana and surroundin areas. Location: Priorit Need Cate Census tract 44.06, Block Group 1 in the Marana desi colonic. Select one: Public Facilities ' Explanation: Expected Completion Date: Local Government (094 1 �0 ,�!Q 15 ,J 0 Decent Housin Suitable Livin Environment 0 Economic Opportunit Specific Objectives Outcome Categories 1 Improve q ualit y increase q uantit y of nei facilities for low-income persons Q Availabilit Affordability ---------------------------------------------- ----------------------- --------------- Sustainability 3 11 Public Facilities Proposed 1 Accompl. T Proposed Underwa Underwa > Complete Complete --------- 7 -C Accompl. T v Proposed Accompl. T Prop Underwa f Underwa Complete Complete Accompl. T v i Proposed Accompl. T Proposed Underwa Underwa Complete Complete Proposed Outcome Performance Measure Actual Outcome #of people with improved access 5 00 to facilit 03E Nei Facilities 570.201(c) W Matrix Codes Matrix Codes Matrix Codes Matrix Codes Matrix Codes Fund Source: mr Amt. Fund Source: Proposed Amt. - Proposed Actual Amount LW Actual Amount M 4) Fund Source: Proposed Amt. Fund Source: w Proposed Amt. >_ , - - __ --- ----------- - JActuall - -------------------------- Actua I Amount Amount i y p w Accompl. Te: I Proposed Units Accompl. T Proposed Units lActual Im Units Actual Units 0 L- Accompl. T w I Proposed Un Accompl, T Proposed Units Actual Units Actual Units Project (37) 1 CPMP Project (37) 2 CPMP Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. Actual Amount L Actual Amount 4) Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. I Actual Amount L Actual Amount i Accompl. Type: 1w Proposed Units Accompl. Type: t Proposed Units Actual Units Actual Units 0 L Accompl, Type; w Proposed Units Accompl. Type: w Proposed Units Actual Units Actual Units M Fund Source: ♦ Proposed Amt. Fund Source: ♦ Proposed Amt. Actual Amount IM — Actual Amount 4) Fund Source: v Proposed Amt. Fund Source: v Proposed Amt. Actual Amount - Actual Amount i Accompl. Type: w Proposed Units Accompl. Type: w Proposed Units Actual Units CM Actual Units 0 L a Accompl. Type: Proposed Units Accom Type: Proposed Units Actual Units Actual Units ___ Fund Source: v Proposed Amt. Fund Source: v Proposed Amt. Actual Amount i Actual Amount Fund Source: w Proposed Amt. Fund Source: w Proposed Amt. > Actual Amount Actual Amount i Accompl. Type: v Proposed Units Accompl. Type: w Proposed Units Actual Units Cn Actual Units T 0 a Accompl. Type: 7Proposed Units Accompl. Type: w Proposed Units Actual Units Actual Units C©BG 1 Proposed Amt. 55000 Fund Sour Proposed Amt. Ln Actual Amount LM Actual Amount ----------------------------------- (D Fund Source: ♦ Pro osed Amt. Fund Source: ♦ Proposed Amt. Actual Amount - I Amount 11 Public Facilitie! V Proposed Units 1 Accompl. Type: Proposed Units CM Actual Units lActua Actual Units 0 a Accompl. Type: Proposed Units Accompl, Type: Proposed Units Actual Units Actual Units Project (37) 2 CPMP 1_WAwig =1i SPECIAL AGENCY CONDITIONS A. Modification 1. Modifications may be made to this IGA in accordance with the following provisions: 2. All modifications shall be in writing and shall conform to applicable law, Federal and State regulations and County policies and directives. Approval of modifications is at the sole discretion of County. 3. Major modifications shall be by written amendment signed by both parties. Major modifications include any which do the following: a. Change the purpose of the IGA; b. Increase or decrease the compensation provided for in the IGA; c. Change the term of the IGA; d. Change the scope or assurances of the IGA; e. Change any section of the IGA other than the Scope of Work or budget; f. Any change that is not a minor modification as described below. 4. Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department or authorized representative to be effective. Minor modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation of this IGA and do not in any way increase the direct or indirect liability of COUNTY under this IGA. B. Procurement of Goods and Services: TOWN is not the agent of County for any purpose and shall not purchase any materials, equipment, or supplies on the credit of COUNTY. TOWN shall comply with OMB Circular No. A-1 22, -- "Cost Principals for Non - Profit Organizations" (if Town is a non- profit corporation), OMB Circular No. A -11 o and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and other Non -- Profit Organizations. C. Monitoring and Evaluation: 1. COUNTY shall monitor all activities and information sources in the management, fiscal, and service systems of TOWN and any subcontracted parties, relating to performance of duties and obligations under this IGA, to assure that TOWN is maintaining adequate and acceptable progress and systems, and to ensure that the funds provided to TOWN by COUNTY are being used effectively and efficiently to accomplish the purposes for which funds were made available. 2. TOWN shall provide payroll information consisting of source documentation that can include employment letters, authorizations for rates of pay, benefits, and employee withholding, minutes from Board of Directors' meetings where salary schedules and benefit packages are established, copies of written policies, W -4 forms in conjunction with time and attendance records. If an employee works soley on the CDBG funded services a statement to that effect should be signed by the applicable employee and supervisor. Such statement should be certified semiannually. If an employee's time is split between CDBG and another funding source, TOWN must have time distribution records supporting the allocation of charges among the sources. 3. COUNTY in cooperation with TOWN shall evaluate products, services, and performance under the terms of this IGA. Substandard performance as determined by COUNTY will constitute noncompliance with this IGA. If action to correct such substandard performance is not taken by TOWN within a reasonable period of time after being notified by COUNTY, contract suspension or termination procedures will be initiated. 4. TOWN shall assist County in providing to the U.S. Department of Housing and Urban Development reports and other communications relating to the performance and impact of the projects, as described in the Projects Summary Appendix A. D. Client Fees and Program Income: 1. Any program income generated and received by TOWN as a result of IGA services shall be kept by TOWN, used for the purpose of this IGA, and reported to County. 93656 / 64147266 / v 1 2. TOWN shall comply with Section 570.504 "Program Income ", and Section 570.503 "Agreements with Subrecipients" of the Community Development Block Grant Program Entitlement Grant Regulations. E. Identification of Funding and Copyrights: 1, All advertisements, real property, publications, printed and other materials which are produced by TOWN and refer to services funded under this IGA shall clearly attribute "PIMA COUNTY" and the Community Development Block Grant Program in the following suggested format: Funded by: Pima County and the Community Development Block Grant Program 2. Reference to Pima County shall be displayed at least as prominently as other credited funding sources. 3. TOWN shall not copyright any materials or products developed through IGA services or IGA expenditures without prior written approval by COUNTY. Upon approval, the federal government and Pima County shall have a nonexclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. F. Nepotism 1. Agency shall not employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily working contact with the other. 2. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood or child of a spouse. 3. County may grant temporary waiver of this policy where relative employment situation already exists at the time of execution of this IGA. G. Audit Requirements 1. TOWN shall: a. Establish and maintain a separate and identifiable account of all funds provided by County pursuant to this IGA. b. Provide financial statement audits as required by law. c. Upon written notice from County provide a program - specific audit. Such notice from County will specify the period to be covered by the audit and the deadline for completion and submission of the audit. d. Assure that any audit conducted pursuant to this IGA is performed by an independent certified public accountant and submitted to County within six (5) months of completion of TOWN'S fiscal year, unless a different time is specified by County. The audit submitted must include TOWN responses, if any, concerning any audit findings. e. Pay all costs for any audit required or requested pursuant to this Article, unless the cost was specifically included in TOWN'S budget approved by County and the cost is an allowable charge for payment under applicable law or regulation. f. Timely submit the required or requested audit(s) to: John Matheny Community Development and Neighborhood Conservation Dept. 2797 East Ajo Way, P Floor Tucson, AZ 85713 2. If TOWN is a "nonprofit corporation" that meets the definition of "corporation" in A.R.S. §103140, TOWN shall comply with the applicable audit requirements set forth in A.R.S. § 11 -024. - A M43 0 TOWN'S CERTIFICATION TOWN hereby certifies it will comply with: 1) HUD Community Development Block Grant Regulations at 24 CFR Part 570. 2) Title I of the Housing and Community Development Act of 1974. 3) 24 CF] Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (if Agency is local government). 4) Title VI of the Civil Rights Act of 1964. 5) Section 109 of the Housing and Community Development Act of 1974. 6) Executive Order 11246 M Equal Employment Opportunity. 7) Section 3 of the Housing and Urban Development Act of 1968. 8) Flood Disaster Protection Act of 1973. 9) National Environment Policy Act of 1969. Section 106 of the National Historic Preservation Act of 1966, Executive Order 11593. 10) Federal Labor Standards Provisions. 11) OMB Circular A -133, "Audits of States and Local Governments and Non - Profit Organizations ". 12) OMB Circular A -122, "Cost Principals for Non - Profit Organizations" (if agency is nonprofit organization). 13) OMB Circular A -11 nand A -87. 14) A-21, "Cost Principals for Educational Institutions ". 15) Subpart K of the Community Development Block Grant Program Entitlement Regulations. 16) 570.200(J) First Amendment Church /State Principles of the Community Development Block Grant Program Entitlement Regulations. 17) 570.503(b )(6) Prohibition Against Religious Activities. 18) 570.503(b )(8) Reversion of Assets EXHIBIT D Intergovernmental Cooperative Agreement between Pima County and Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program See attached: Resolution No. 2013-59 Resolution No. 2013-077 IGA No. 1 3`309 RESOLUTION NCB. 201 3 - 59 RESOLUTION OF THE BOARD OF' SUPERVISORS OF PIMA CO NTY, ARIZONA AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN. OF. MARANA' FOR THE ,COMMUNITY MUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM. WHEREAS, County and Town -mar contract for services and enter into agreements -with one .another -for joint or.cooperative action porsuant-to -A. - R: . § 11 -951 et seq.; and WHEREAS, it is necessary to 'enter -into are .'Inte'rgovernmental og erativ Agreement "the Agreement) 'to meet the requirements. of - the• Housing - and 0ommunity Development Act of 1 : aril subsequent amendments ( "the Act ") in order to obtain federal funding for the Community Development Block Grant Program ("CDBG ") and the HOME Investment Partnership Program ( "HOME " )- for federal fiscal years 2014, 201 5 . and 2016; and WHEREAS, County and Town, desire to engage in CDBC and HOME housing and community development activities as an "Urban County" as authorized under the. Act; and WHEREAS, the U.S. Department of Housing and Urban 'Development ( "HUD ") ripcornmends that awards and expenditures of CDBC and HOME funds be made as an Urban County; and WHEREAS, the Board of Supervisors of Pima County find and that it is in .the best interests of the residents of the unincorporated areas of the County and of the Town of Marana to perform CDBO and • HOME housing and community development activities jointly and pursuant to the provisions of the Agreement; •and WHEREAS, It is mutually beneficial to both parties to execute the Agreement so that County, as a designated Urban County and as the sponsoring agency; may administer and execute the terms and conditions of the CDBG and HOME grants in accordance with local ordinance and State and Federal law. NOW THEREFORE BE IT RESOLVED* BY THE BOARD OF' SUPERVISORS OF PIMA COONTY, ARIZONA, as follows: 1. The Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment. Partnership Program is hereby approved; and 2. The Chairman of the Board of Supervi -is hereby instructed and authorized to sig n the Intergovernmental Cooperative Agreement for the Pima County Board of Supervisors. PASSED AND ADOPTED ON THIS 2nd DAY OF J uly 2013 y 6 1 p A7T�` • w JUL 0 2 2D13 Vice Chai Board of Supervisors Clerk of the (Board APPROVED AS TO FORM: xl e .Friar, e ut Count Attorne y p Y y CONTRACT , e fox 6;; OW o L/) & m-0 AMENDMENT No, intergovernmental Cooperative A reeme 11 numb must app ear are an � p � b etween VdIaas, correspondence and documents pertaining to th Pima County and Town of Marana contract. for the Community Development Bock Grant Program and Horne Investment Partnership Program This Intergovernmental Cooperative Agreement made and entered into this day of 2013, by and between the County of Pima, a body politic and corporate of the State of Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of the State of Arizona, located within the boundaries of the County of Pima, hereinafter referred to as "Town." RECITALS A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A. R.S. § 11-951 et seq. B. County and Town must enter into a Cooperative Agreement to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments ( "the Act") to participate as an Urban County in order to obtain federal funding for the community Development Block Grant Program ("CDBG") and the HOME Investment Partnership Program ( "HOME ") for federal fiscal years 2014, 2015 and 2016. C. County and Town are individually authorized by law to engage in housing and community development activities. D. The U.S. Department of Housing and Urban Development ( "HUD ") recommends that awards and expenditures of CDBG and HOME funds be made as an Urban County. E. The governing bodies of County and Town have found that it is in the best interests of the residents of the unincorporated areas of the County and of the Town to perform CDBG and HOME housing and community development activities jointly pursuant to the provisions of this Agreement. F. This Agreement, designating Pima County as an Urban County and establishing the responsibilities for County to act as the sponsoring agency to administer and implement the terms and conditions of the CDBG and HOME grants, in accordance with local ordinances and State and Federal law. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Pima County, as an Urban County, is hereby designated as the sponsoring agency to administer and implement the plan and program for housing and community development activities for both parties to this Agreement. All activities shall be carried out in accordance with the provisions of the Housing and Community Development Act of 1974 and subsequent amendments, the laws of the State of Arizona, and the terms and conditions provided herein. In this respect, Town agrees that county is hereby delegated 1 the power to plan and undertake community development projects within its jurisdiction and will have the final responsibility for selecting all CDBC and HOME projects in accordance with the approved community Development and Housing Consolidated Plan pursuant to 24 CFR Part 91. 2. It is understood and agreed that Pima county as the Grantee is to take the final responsibility and to assume all the obligations of applicant for assistance under the provisions of said Housing and Community Development Act of 1974 and subsequent amendments, the three -year certifications as required by HUD, subject to change in legislation or regulations and the Consolidated Plan. 3. County and Town agree to cooperate to undertake, or assist in undertaking, community renewal and loner income housing assistance activities, specifically urban renewal and publicly assisted housing. 4. county and Town do not have the power to veto or otherwise restrict or withhold the support given by County or Town to the activities proposed in the Consolidated flan for any program year covered by this Agreement. In the event that any participating member entity does not comply with a federal prerequisite in order for funds to be expended in such area, then said entity's share shall be expended within all or any portion of the area served by the member entities who qualify under the provisions of said Act. 5. It is understood that in order to qualify for funds under the Housing and Community Development Act of 1074 and subsequent amendments, it is necessary that a Consolidated Plan be submitted to and approved by the United States Department of Housing and urban Development. All parties hereto agree to abide by the terms and conditions of an approved consolidated Plan for housing and community development activities as submitted to the Department of Housing and Urban Development. Upon executing the Agreement the Town agrees not to apply for CDBC funds from the State of Arizona Small Cities Program, and may not participate in a HOME consortium except through the Urban County during the period in which it is participating in the Urban County's CDBC Program. Nothing herein shall be construed as limiting in any manner the powers of any of the respective parties to initiate and complete a local project within their respective jurisdiction with their own funds. B. The 1 st day of July, 2013 shall be the effective date of Agreement. The Agreement shall remain in force and effect for three years. This Agreement covers CDBC and HOME funding for Federal Fiscal years 2014 2015, and 2016. This Agreement may be amended to extend the term of Agreement in order to complete activities funded but not completed, or to expend program income received, but not expended, during the three years covered by this Agreement. 7. Town and County recognize that County shall be the governmental entity required to execute any grant agreement received pursuant to Consolidated Plan, and that County shall thereby become responsible thereunder for the proper performance of the plan and program. Town agrees that it shall fully cooperate with County in all efforts hereunder and that Town will assist County in doing any and all things required or appropriate to comply with the provisions of any grant agreement received by County pursuant to the Act and its regulations. 8. All records of County and of Town related to this Consolidated Plan and any projects undertaken pursuant thereto shall Moon reasonable notice, be available far inspection by HUD, County, and /or Town auditors, during normal business hours. 9. This Intergovernmental Cooperative Agreement shall be binding upon the parties hereto, their successors and assignees. Any assignment of Agreement shall be void without the consent of the other party. 10. Pursuant to the primary objective of Title I of the Housing and Community Development Act of 1974, the parties hereby agree to direct their CDBG and HOME resources toward the development of viable urban communities, by providing decent housing and suitable living environments and by expanding economic opportunities. Such efforts shall principally be accomplished for the benefit of persons of low- and moderate- income. 1. County and Town will take all required actions necessary to comply with the Urban County's Certification required by Section 194(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1954, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws. County shall not fund Town if Town does not affirmatively further fair housing within its own jurisdiction. County and Town agree to affirmatively further fair housing within County and Town. Town shall take no actions to impede County's actions to comply with County fair housing certification. 12. County and Town have adopted and are enforcing policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 13. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required or necessary to implement a detailed and formulated plan and program as contemplated hereunder or for the purpose of complying with any grant agreement received or .the regulations issued pursuant to the Act. Failure by either party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for Cooperation Agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the Urban County is scheduled shall automatically terminate this Agreement following the expenditure of all CDEO and HOME funds allocated for use in Town's jurisdiction. 14. Pursuant to 24 CFR 570.501(b), Town is subject to the same requirements applicable to subrecipients, including the requirement for a written Agreement set forth in 24 CFR 570.503. 15. County, as the CDBO grant recipient for the Urban County has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable lags (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sec. 504 of the Rehabilitation Act of 1973, sec. 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). County shall be held accountable for the accomplishment of the community development program, for following the Consolidated Plan, and for ensuring that actions necessary for such accomplishment are taken by City. 16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A. R.S. § 38-511 be included in every contract of a political subdivision of the State -of Arizona and that both parties must comply with all applicable provisions and requirements relating to non- discrimination of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009 -09 supersedes Executive order 99-4 and amends Executive order 75 -5 and may be viewed and downloaded at the Governor of the State of Arizona's website: http://www,azgovernor.gov/dms/upload/EO 2009 09, df These documents are hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, SUBGRANTEE shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS, IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be executed the 2nd I day of July , 201 3. PIMA COUNTY BOARD OF SUPERVISORS TOWN OF A NA N , i ,,, JUL 0 2 2013 r/ Vice Chairman, Board of Supervisors Mayor ATTEST: Clerk, Board of Su isors REVI EWE. irector, Community Development & Neighborhood Conservation Department Pursuant to A.R.S. § 11 -952, the undersigned Pima County legal counsel has determined that the above Agreement is in proper form and is within the powers and authority granted to the County under the lags of the State of Arizona. A Ken . Friar, D puty County Attorney Feu rsuant to A. R. S. § 11 -952, the legal counsel for the Town of Marana has determined that the above Agreement is in proper form and is within the powers and authority granted to the Town under the laws of the State of Arizona. al C sel, Town of arana Print ame: P�Axz �401.tzxq? �� M OPINION OF DEPUTY COUNTY ATTORNEY INTERGOVERMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM 1 any an Attorney at Law admitted to practice in the State of Arizona and a duly appointed Deputy County Attorney for the County of Pima. I have examined the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and Home Investment Partnership Program entered into by and between the County of Pima and the Torn of Marana, pursuant to Title I of the Housing and Community Development Act of 1974, and 1 am of the opinion that the Agreement has been duly authorized by the Board of Supervisors of the County of Pima in accordance with State and local legal requirements. I am further of the opinion that the names and provisions of the agreement are authorized under state and local law and that Pima County is authorized to enter into this agreement pursuant to state and local law. To the best of my knowledge, there is no pending or threatened litigation affecting the implementation of the Cooperation Agreement or the ability of the County of Pima to be the applicant for funding as a Urban County under Title 1 of the Housing and Community Development Act of 1974 as amended. Rk �e. Friar, Deputy County Attorney Pima County Attorney's Office Civil Division MARANA RESOLUTION NO. 2013-076 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR. TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN PINTA COUNTY AND THE TOWN OF MA.RANA FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM FOR FEDERAL FISCAL YEARS 2014 -2016 WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for j oint or cooperative action pursuant to A.R.S. § 11 -951 et seq.; and WHEREAS it is necessary to enter into an Intergovernmental Cooperative Agreement ( "the Agreement ") to meet the requirements of the Housing and Community Development Act of 1974 and subsequent amendments ("the Act") in order to obtain federal funding for the Community De- velopment Block Grant Program ( "CDBG") and the HOME Investment Partnership Program ( "HOME") for federal fiscal years 2014, 2015 and 2016; and WHEREAS, County and Town desire to engage in CDBG and HOME housing and commu- nity development activities as an "urban. County" as authorized under the Act; and WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") recom- mends that awards and expenditures of CDBG and HOME funds be made as an Urban County; and WHEREAS the Town Council finds that it is in the best interest of the residents of the Town of Marana to perform CDBG and HOME housing and community development activities j ointly and pursuant to the provisions of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE TOWN OF MA.RANA, ARIZONA, AS FOLLOWS: SECTION 1. The Intergovernmental Cooperative Agreement between Pima County and the Town of Marana, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution 2013076 - 1 - SECTION 2. The Town's Manager and staff are hereby directed and authorized to under - take all other and further tasks required or beneficial to carry out the terms, obligations, and o tives of the Intergovernmental Cooperative Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 6 day of August, 2013. Mayor Pd Honea ATTEST: 5k, r ocelyn Ironson, Town Clerk APPROVED AS TO FORM: Fr Cas y, Town Attor ey � 9 TOWN o; 7 7 Marana Resolution 2013076 -2- A. 4kdZ PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2014 -2015 CONTRACT" # TOWN OF MARANA ADMINISTRATION, EMERGENCY HOME REPAIR, COLONIA NEIGHBORHOOD CLEANUP PROGRAM AND OWNER- OCCUPIED HOUSING REHABILITATION FINANCIAL STATUS REPORT AND REQUEST FOR FUNDS FOR THE MONTH OF REQUEST # af Activity Budgeted Expenditures This Month Cumulative Ex enditures Balance Available Administration $15 Marana Heritage River Park $65,000-00 Total Budget $80 Funds requested this month $ * (this line must equal the GRAND TOTAL column for "EXPENDITURES THIS MONTH"} I hereby certify that to the best of my knowledge, the date reported represents actual receipts and actual expenditures which have been incurred in accordance with the agreement for management and implementation of the CDBG Program and are based on official accounting records and supporting documents which will be maintained by us for purposes of audit. REVIEWED BY TITLE DATE TITLE PHONE NUMBER DATE 9,3656 / 00147260 / v1 Revised 8-1-13 PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2014 -2015 CONTRACT # TOWN OF MARANA ADMINISTRATION, EMERGENCY HOME REPAIR, COLONIA- NEIGHBORHOOD CLEANUP PROGRAM AND OWNER - OCCUPIED HOUSING REHABILITATION BUDGET MODIFICATION Please include: 1. A written justification for the modification for the line item(s) you wish to change; and 2. A new billing request with the requested change. Budget change request must be limited to 10% of the total IGA amount and submitted within 30 days of the request. Requests for budget change may not be accepted after July 7, 2015. Please include the following: Date: Name of person requesting change: Activity Budgeted Requested Modification Balance Available Administration $15,000.00 Marana Heritage River Park $55,000.00 Total Budget $80,000.00 The reason for the changes to our budget is as follows: Authorized Signature Flail or fax to. Gloria Soto Pima County, Kino Service Center 2797 East Ajo Way, 3rd Floor Tucson, AZ 85713 Fax Number: 520 -- 243-5795 Date - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C7 To: Mayor and Council From: Lisa Shafer, Interim Director Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -095 Relating to Community Development; approving and authorizing the Mayor to execute a Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana on behalf of the Marana Schools' 2340 Foundation for purposes of funding Summer School and Higher Education Scholarships (Lisa Shafer) Discussion: The Marana Schools' 2340 Foundation (501 c3) was established to provide support to the outstanding work being done in the Marana Unified School District (MUSD). Students attend school for 2,340 days from kindergarten through 12th grade, thus inspiring the name of the foundation. The Marana Schools' 2340 Foundation is committed to ensuring that every student is prepared for future success and has a vision for life. As a committed partner with MUSD, the Foundation provides resources to nurture the educational experience of every student by supporting processes that enhance teaching and learning. The Foundation provides scholarships for summer school and higher education as well as tutoring, professional development and outstanding staff awards. Proposition 202, the Indian Gaming Preservation and Self - Reliance Act passed in 2002, directs the Governor to enter into a gaming compact with any Tribe that requests one. The law also requires that the Tribal /State Gaming Compacts must include a provision requiring Tribes to contribute a percentage of the Tribe's gross gaming revenue to the state. Of that contribution, 12% is to be distributed to local governments to provide government services that benefit the general public. The Tohono O' odham Nation has chosen to distribute its local government contribution to non - profit organizations through Grant Agreements with local governments. The Marana Schools' 2340 Foundation submitted a grant request to the Nation for $25,500 to provide summer school and higher education scholarships to its students. The Nation has awarded the Foundation $12,500 and is now asking the Town to execute a grant agreement and oversee the funding to the Marana Schools' 2340 Foundation. This funding is a pass- through. No Town of Marana funds will be used for this project. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2014 -095, approving and authorizing the Mayor to execute a Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana on behalf of the Marana Schools' 2340 Foundation for purposes of funding Summer School and Higher Education Scholarships. Attachments: Resolution No. 2014 -095 Exhibit A - Agreement MARANA RESOLUTION NO, 2014-095 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A GRANT -IN -AID FISCAL AGENT AGREEMENT BETWEEN THE TOHONO O'ODHAM NATION AND THE TOWN OF MARANA ON BEHALF OF THE MARANA SCHOOLS' 2340 FOUNDATION FOR PURPOSES OF FUNDING SUMMER SCHOOL AND HIGHER EDUCATION SCHOLARSHIPS WHEREAS the Constitution of the Tohono O'odham Nation, Article VI, Section 1(f) pro- vides that the Tohono O'odham Legislative Council is authorized to negotiate and conclude agree- ments on behalf of the Tohono O'odham Nation with federal, state and local governments; and WHEREAS the Town of Marana may contract for services and enter into agreements with other public agencies for joint or cooperative action pursuant to A.R.S. § 11-951 et seq.; and WHEREAS the Marana Schools' 2340 Foundation is authorized by A.R.S. § 10- 3302(7) to make contracts in accordance with the authority set forth in its articles of incorporation and bylaws; and WHEREAS pursuant to the gaming compact between the state of Arizona and the Tohono O'odham Nation, the Nation must contribute a designated percentage of its gross gaming revenues to local governments to provide government services that benefit the general public; and WHEREAS the Tohono O'odham Nation desires to contribute its designated revenues to non - profit organizations through grant agreements with local governments; and WHEREAS the Marana Schools' 2340 Foundation has been chosen as a non - profit recipient of grant funds from the Tohono O'odham Nation for purposes of funding the Foundation's student scholarship program; and WHEREAS the Town desires to act as a fiscal agent for the Marana Schools' 2340 Founda- tion to receive and distribute the grant funds from the Tohono O'odham Nation; and WHEREAS the Town Council Ends that the Marana Schools' 2340 Foundation's scholarship program benefits the general public, and that it is in the best interest of the residents of the Town of Marana to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Na- tion and the Town of Marana on behalf of the Marana Schools' 2340 Foundation, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution No. 2014 -095 SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Grant -in -Aid Fiscal Agent Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of October, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2014 -095 Grant -in -Aid Fiscal Agent Agreement between the Tohono O'odham Nation and the Town of Marana On behalf of The Marana Schools'2340 Foundation THIS GRANT -IN -AID Fiscal Agent Agreement, ( "Grant ") is entered into as of the day of , 2014 by and between the Tohono O'odham Nation, a federally recognized Indian tribe (the "Nation "), the Town of Marana, an Arizona municipal corporation, and the Marana Schools' 2340 Foundation, an Arizona non - profit corporation. RECITALS A. The Constitution of the Tohono O'odham Nation, Article VI, Section 1(f) provides that the Tohono O'odham Legislative Council is authorized to negotiate and conclude agreements on behalf of the Tohono O'odham Nation with Federal, State and local governments. B. The Constitution of the Tohono O'odham Nation Article VII, Section 2(f) provides that the Chairman of the Nation is the official representative of the Tohono O'odham Nation; and as such, upon passage of a Resolution by the Legislative Council approving of any agreement with Federal, State and local governments, the Chairman is authorized to sign such agreement on behalf of the Nation. C. The Town of Marana is authorized by A.R.S. §11 -952 to enter into agreements with other public agencies for joint or cooperative action when such agreements are approved by the Town Council. D. The Marana Schools' 2340 Foundation is authorized by A.R.S. §10-3302(7) to make contracts in accordance with the authority set forth in its articles of incorporation and bylaws. Now, therefore, in consideration of the mutual promises contained herein, the parties hereby agree as follows: Page 1 of 6 PROVISIONS 1. Purpose. The purpose of this Grant is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution, as hereinafter defined. 2. Acceptance of Duties; Monies Held in Trust. The Town of Marana agrees to perform the duties of fiscal agent, paying agent and registrar for all monies the Nation deposits with the Town of Marana for the benefit of the Marana Schools' 2340 Foundation. The Town of Marana shall hold this funding separate from all other monies in the possession or control of the Town of Marana. The Town of Marana shall notify the Nation, at the address set forth in Paragraph 11, that the Contribution monies are provided to the Marana Schools' 2340 Foundation within 5 business days after the distribution is made. 3. Contribution. The Nation shall make a payment to the Town of Marana in the amount described in Exhibit "A" (the "Contribution ") on or about November 28, 2014. The Town of Marana shall then make this funding available to Marana Schools' 2340 Foundation as quickly as is feasible. The Grantee may not change the scope of the project or use the funds for a project other than that explained in Exhibit "A" without the written consent of the Nation. 4. Funding. The Contribution payment shall be delivered to the Town of Marana, without any further notice or invoice required, at the address set forth in Paragraph 11 below, upon the complete execution of this Grant. 5. Disbursement of Contribution. In accordance with the Town of Marana's policies and procedures and upon satisfactory documentation, as quickly as is feasible the Town of Marana will distribute the funds to Marana Schools' 2340 Foundation. 6. Money Unclaimed. In the event that the Town of Marana is unable to distribute the funding to Marana Schools' 2340 Foundation on or before January 1, 2015, the Town of Marana shall immediately notify the Nation and the Nation will arrange for the funding to be returned. Any interest earnings on the Contribution funding between the time the Nation deposits the Contribution with the Town of Marana and the time the Town of Marana disburses the Contribution to Marana Schools' 2340 Foundation shall be paid to Marana Schools' 2340 Foundation 7. Consideration and Reliance. It is acknowledged that the Town of Marana's promise to accept and disburse the funds received by the Town of Marana pursuant to this Grant is full and adequate consideration and shall render this promise to provide funding irrevocable. 8. Fees. The Town of Marana shall not charge Marana Schools' 2340 Foundation and shall waive any applicable administrative or other fees related to this Grant and shall not deduct any funds from the amount designated for contribution to Marana Schools' 2340 Foundation. 9. Dispute Resolution. The parties mutually agree that any disputes arising between either 1) the Nation or the Town of Marana or 2) Marana Schools' 2340 Foundation and the Town of Marana pursuant to this Grant shall be resolved through informal dispute resolution. Page 2 of 6 Nothing herein is intended to be or shall be construed as a waiver of sovereign immunity by either party. In the event of a dispute between Marana Schools' 2340 Foundation and the Town of Marana, both Marana Schools' 2340 Foundation and the Town of Marana must notify the Nation within five business days. All disputes that cannot be resolved through informal dispute resolution shall be resolved in the Courts of the Nation, subject to the laws of the Nation. 10. Reports: Unless otherwise extended by the Nation upon request of Marana Schools' 2340 Foundation, no later than July 31, 2015, Marana Schools' 2340 Foundation shall provide a report to the Nation explaining how and when the funds provided under this Grant were used. This report may be in the form of an affidavit signed by an officer of Marana Schools' 2340 Foundation and may be accompanied by supporting documentation. The report shall address: (i) changes in the scope of the project or purchase funded under this grant, (ii) the total expenses under the project or purchase funded by the Grant, (iii) a brief description of who has benefited from this Grant, and (iv) the Grantee's next steps with regard to the project or purchase made under this Grant. The Grantee will submit a final report to the Nation within 30 days of the end of this Agreement. 11. Notices. Any notice, consent or other communication required or permitted under this Grant shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or if mailed, three (3) days after the notice is deposited in the United States mail addressed as follows: If to the Nation: Dr. Ned Norris, Jr. Chairman P.O. Box 837 Sells, Arizona 85634 Fax: 520- 383 -3379 and Lanez Valisto Government Affairs Assistant P.O. Box 837 Sells, Arizona 85634 Fax: 520- 383 -3379 If to the Town of Marana: Lisa Shafer, Community Development Director 115 5 5 W. Civic Center Drive Marana, Arizona 85653 Phone: 520-382-1900 Fax: Email: Ishafer@marana.com Page 3 of 6 If to Marana Schools' 2340 Foundation: Doug Wilson, Superintendent Marana Unified School District 11279 W. Grier Road, Suite 106 Marana, AZ 85653 Phone: 520- 682 -4774 Email: D.D.Wilson(&maranausd.org Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. 12. Term of Grant. The term of this Grant shall begin on the date of execution and shall terminate on the one -year anniversary of this Grant. 13. Entire Grant, Waivers and Amendments. This Grant is executed in three (3) duplicate originals, each of which is deemed to be an original. This Grant constitutes the entire understanding and agreement of the parties. This Grant integrates all of the terms and conditions mentioned herein or incident hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Grant and all amendments hereto must be in writing and signed by the appropriate authorities of each of the parties to this Grant. 14. No Waiver. Except as otherwise expressly provided in this Grant, any failure or delay by any party in asserting any of its rights or remedies as to any default, shall not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 15. Severability. If any provision of this Grant shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Grant shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 16. Sovereign Immunity. Nothing in this Grant shall be deemed a waiver of any party's applicable sovereign immunity in any forum or jurisdiction. Page 4 of 6 TOHONO O' ODHAM NATION TOWN OF MARANA Dr. Ned Norris, Jr., Chairman Ed Honea, Mayor Tohono O' odham Nation Dated Dated MARANA SCHOOLS' 2340 FOUNDATION Title Dated Attest: Approved as to form and found to be within the powers and authority of the Tohono O'odham Nation Approved as to form and found to be within the powers and authority of the Town of Marana under the laws of the State of Arizona. Jonathan L. Jantzen, Attorney General Tohono O' odham Nation Frank Cassidy, Town Attorney Town of Marana Additional Signatures Required Dated Secretary Page 5 of 6 Dated Town Clerk EXHIBIT "A" Program Contribution Summer School and Higher Education Scholarships $12 TOTAL $12,500.00 Page 6 of 6 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item C8 To: Mayor and Council From: Lisa Shafer, Interim Director Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -096: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task Force (Lisa Shafer) Discussion: The Arizona Vehicle Theft Task Force ( AVTTF), also known as RATTLER (Regional Auto Theft Team Law Enforcement Response), was established in January 1997 to provide statewide expertise in the investigation of property crimes involving stolen vehicles, related components and insurance fraud. The task force is comprised of city, county, state and federal law enforcement agencies participating in a concerted effort to identify, apprehend, and prosecute individuals and criminal organizations that profit from the theft of motor vehicles and related crimes. The AVTTF also provides subject matter expertise, training and investigative support to law enforcement agencies targeting vehicle theft and related crimes. The AVTTF provides a vital mission on behalf of the Arizona Automobile Theft Authority (AATA) to reduce vehicle theft in Arizona by deterring criminal activity through aggressive, proactive enforcement and by creating a public awareness through community education. Through continued grant funding from AATA, the AVTTF will continue to provide exemplary services to the citizens of the Arizona. Through this IGA, Marana PD will be a part of a multi jurisdictional task force that will focus its efforts within the Town of Marana along with the rest of Southern Arizona. Marana will have the benefit of many specialized officers working detailed operations in high auto theft areas throughout Town. In addition to the Marana officer working the task force, the task force will be responsible for any auto theft case that falls within the Town boundaries. This will free up other Town detectives to work other types of cases. This agreement shall be effective for the term of one year and will automatically renew itself on July 1st of each year provided funding is available. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Amount: $85,000 The officer assigned to this task force has been accounted for within this current budget year. This agreement pays 75% of the officer's salary, leaving the Town to cover the remaining 25 %. DPS will also pay for task force - related overtime and provide and maintain a vehicle for the officer. Staff Recommendation: Staff recommends approval of the IGA with the State of Arizona Department of Public Safety. Suggested Motion: I move to adopt Resolution No. 2014 -096, approving and authorizing the Chief of Police to execute an intergovernmental agreement between the State of Arizona Department of Public Safety and the Town of Marana regarding the administration, funding and operation of the Arizona Vehicle Theft Task Force. Attachments: Resolution No. 2014 -096 Exhibit A - IGA MARANA RESOLUTION NO. 2014-096 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE TOWN OF MA- RANA REGARDING THE ADMINISTRATION, FUNDING AND OPERATION OF THE ARIZONA VEHICLE THEFT TASK FORCE WHEREAS the Arizona Vehicle Theft Task Force (AVTTF) is comprised of city, coun- ty, state and federal law enforcement agencies participating in a concerted effort to identify, ap- prehend, and prosecute individuals and criminal organizations that profit from the theft of motor vehicles and related crimes; and and WHEREAS the Town of Marana Police Department wishes to participate in the AVTTF; WHEREAS The Town and the Arizona Department of Public Safety (DPS) are author- ized and empowered to enter into agreements by A.R.S. § 11 -952; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the intergovernmental agreement between DPS and the Town of Marana Police Department, attached to this resolution as Exhibit A, and authorizing the Chief of Police 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 intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -096 DPS CONTRACT NO, INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORGE This Intergovernmental Agreement ( "IGA ") is entered into between the State of Arizona through its Department of Public Safety, hereinafter referred to as "DPS ", and the Marana Police Department, hereinafter referred to as "Agency." The purpose of this Agreement is to enhance law enforcement services concernin g vehicle theft through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41- 1713 B.3; both parties are authorized and empowered to enter into this IGA pursuant to A.R. S. § 11 -952. Now, in consideration of the mutual promises set forth herein, the arties hereby agree to the p Y g following terms and conditions: I. Participation The Agency agrees to assign one (1) P. O. S.T. certified sworn law enforcement officer herein referred to as "officer ", to the Arizona Vehicle Theft Task Force on a full -time basis for such assignments within the purposes of this contract, as directed by DPS. During his assignment g DPS and the Agency agree to allow the officer to maintain all benefits, es rights and privileges g p g available to the officer as if the officer were assigned on a full -time basis to the Agency. The officer must abide by all of the applicable rules and regulations of the Agency and is subject to g Y � the Agency's disciplinary process. In the event the officer is involved in a critical incident as defined by DPS policy, the Agency agrees to cooperate with, and participate in an investigation . p p � Y g and/or critical incident review conducted by DPS for the purpose of evaluatin g the policies and procedures utilized by the Task Force. II. Reimbursement DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary f the assi ned Y g police officer and 100% of pre - authorized Task Force related overtime hours p er month i (depending upon funding by the Arizona Automobile Theft Authority), based on DPS week/ . Y} y time accounting summary. The Agency agrees to provide to DPS the following information: the officer's annual and hourly rate of pay, the officer's hourly overtime rate of a and associated ERE p Y (employee related expenses} costs. DPS is not obligated to reimburse the Agency for salary g Y Y raises or modifications to base salaries unless the Agency notifies DPS at least ninety y calendar days prior to the effective date of such modification. All approved travel expenses will p p be reimbursed directly to the officer by DPS under the employee travel reimbursement . guidelines established by the Arizona Department of Administration. DPS shall assign and maintain a vehicle which will be provided in accordance with DPS vehicle olio to the Agency � Y � Y officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. III. Availability of Funds Every payment obligation of DPS under this agreement is conditioned upon the availabilit y of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the agreement, the agreement may be terminated by DPS at the end of the period for which funds are available. No liability shall accrue to DPS in the event this provision is exercised, and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IV. Nondiscrimination All parties agree to comply with the non - discrimination provisions of the Governor's Executive Order 2009 -09. V. Indemnification Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other art from p y and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's fees, arising out of the bodily injury of any person or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, or employees. VI. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free Workplace Program guidelines. Each assigned officer shall be subject to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free 'Workplace Program Manual, DPS Form Number DPS 932 - 02056. DPS shall not charge any fee or cost to the Agency for any assigned officer who undergoes testing. officer may be removed from the task force for failure to comply with the Agency's guidelines /drug screening requirement or for his /her failure to comply with DPS program/drug screening requirements. VII. Immigration Compliance All parties agree to comply with all applicable federal immigration laws and regulations of the Governor's Executive order A.R.S. §§ 23 -214 and 41 -4401, VIII. Termination Either party may terminate this Agreement for convenience or cause with thirty (30) calendar days written notice to the other party. Upon termination, DPS shall pay the Agency all g y outstanding amounts up through the time at which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under this Agreement will be provided by marl to: Page 2 of 4 June 2014 Daniel Lugo, Major Arizona Department of Public Safety P. o. Box 6638 Phoenix, Arizona 85005 Terry Rozema, Chief Marana Police Department 11555 W. Civic Center Drive Marana, Az 85653 IX. Cancellation All parties are hereby put on notice that this contract is subject to cancellation for conflicts of interest, pursuant to A.R.S. § 38-511. X. Recordkeeping All records regarding this Agreement, including officer's time accounting logs, must be retained for five (5) years after completion of this Agreement, in compliance with A.R.S. § 35 -214. XI. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. XII. Jurisdiction DPS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R.S. § 13-3871. The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries, as any peace officer can in the State of Arizona. XIII. Limitations This agreement does not relieve either agency of its official duties and shall not be construed as limiting or expanding the statutory responsibilities of the parties. XIV. Arbitration In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. §§ 12-1518 and 12-133. XV. Effective Date /Duration This Agreement shall become effective upon the execution of two (2) originals by the parties. This Agreement shall be for a term of one (1) year after the Agreement becomes effective, but shall automatically renew itself on July I" of each year if DPS sends out a written notice of funding availability to the Agency within thirty (30) calendar days prior to the end of each year. All prior agreements regarding the task force are canceled as of the effective date of this agreement. Page 3 of 4 .tune 2014 XvI. Worker's Compensation Benefits Pursuant to A.R.S. § 23-1022 D. for the purposes of worker's compensation coverage, all employees covered by this Agreement shall be deemed to be an employee of both agencies. The primary employer shall be solely liable for payment of worker's compensation benefits. IN W'IT'NESS WHEREOF, THE PARTIES HEREBY subscribe their names this day of 5 2014. State of Arizona By: By: Robert C. Halliday, Director Terry Rozema, Chief Arizona Department of Public Safety Marana Police Department Date: Date: Approved as to Form: Approved as to Form: Assistant Attorney General City Attorney Date Date Page 4 of 4 June 2014 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C9 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: The Community focus area of the Strategic Plan includes an initiative to increase participation by residents and visitors in Marana's signature events. Subject: Resolution No. 2014 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and the Gladden Farms Community Association regarding the presentation of the 2014 Harvest Festival (Jane Fairall) Discussion: The Town of Marana is partnering with the Gladden Farms Community Association (HOA) to plan, develop and present the 2014 Harvest Festival, taking place on October 25, 2014, at the Marana Heritage River Park and the Gladden Farms Community Park. The proposed agreement sets forth the responsibilities and obligations of each party with regard to the Festival. The agreement includes the following provisions: • The HOA will be responsible for presenting the Festival at the Gladden Farms Community Park while the Town will be responsible for the events at the Marana Heritage River Park. • The Town will be responsible for traffic and security planning and staffing. • The Town will provide a stage and all necessary and ancillary equipment to the HOA at no charge for the HOA's Festival events. • The Town will waive any permit and review fees associated with the HOA's activities in planning and presenting the Festival. • Each party will indemnify the other party for the activities occurring on their own side of the Festival. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2014 -097, approving and authorizing the Mayor to execute an agreement between the Town of Marana and the Gladden Farms Community Association regarding the presentation of the 2014 Harvest Festival. Attachments: Resolution No. 2014 -097 Exhibit A - Agreement MARANA RESOLUTION NO. 2014-097 RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND THE GLADDEN FARMS COMMUNITY ASSOCIATION REGARDING THE PRESENTATION OF THE 2014 HARVEST FESTIVAL WHEREAS under the Community focus area, the Marana Strategic Plan II includes an initiative to increase participation by residents and visitors in Marana's signature events; and WHEREAS the Town and the Gladden Farms Community Association (HOA) are partnering to present the 2014 Harvest Festival; and WHEREAS the Town Council finds that approval of an agreement with the HOA regarding the presentation of the Harvest Festival is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and the Gladden Farms Community Association for the 2014 Harvest Festival attached to this resolution as Exhibit A 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 agreement between the Town of Marana and the Gladden Farms Community Association. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -097 AGREEMENT BETWEEN THE TOWN OF MARANA AND GLADDEN FARMS COMMUNITY ASSOCIATION FOR THE 2014 HARVEST FESTIVAL THIS AGREEMENT (the "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and the GLADDEN FARMS COMMUNITY ASSOCIATION, a not-for-profit association (the "Gladden HOA ") . The Town and Gladden HOA are sometimes collectively referred to in this Agreement as the "Par- ties," either of which is sometimes individually referred to as a "Party." RECITALS A. In March 2012, the Town Council of the Town of Marana adopted the Town of Marana Strategic Plan II (the ""Plan"). The Plan identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to in- crease participation by residents and visitors in Marana's signature events. B. Gladden HOA is a homeowners' association governing and serving the residents of the Gladden Farms development in Marana. C. The Town and Gladden HOA desire to enter into an agreement regarding the presentation of the 2014 Harvest Festival on October 25, 2014. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. 2014 Harvest Festival. The Parties shall cooperate in presenting the 2014 Harvest Festival. The Festival will be held on October 25, 2014, during the times mutually agreed upon by the Parties, at Marana Heritage River Park, 12375 N. Heritage Park Drive and Gladden Farms Community Park, 12205 N. Tangerine Farms Road. 2. Services to be performed by Gladden HOA. Gladden HOA shall assist the Town in planning, developing and presenting the 2014 Harvest Festival as set forth in this para- graph 2. Gladden HOA shall be responsible for planning, developing and presenting that portion of the Festival occurring at Gladden Farms Community Park (the "Gladden HOA Event Area "). {00039697.DOC / 41 9/25/2014 JF -1- a. Gladden HOA shall recruit, select, approve and contract with vendors for the Gladden HOA Event Area. The vendors may include food, crafts, and activity exhib- itors and other exhibitors consistent with the theme of the Festival and the terms of this Agreement. Gladden HOA shall ensure that all Harvest Festival vendors ap- proved by Gladden HOA possess a current Town of Marana business license as of the date of the Festival. Gladden HOA shall also ensure that all food vendors ap- proved by Gladden HOA possess a current and appropriate permit from the Pima County Health Department as of the date of the Festival. b. Gladden HOA shall ensure that all Festival vendors approved by Gladden HOA enter into a release and indemnification agreement in a form approved by the Town. c. Gladden HOA shall ensure that any children's amusement vendors, including jumping castle and other inflatable vendors, and rock climbing wall vendors, con- tracted for the Gladden HOA Event Area are vendors approved by the Town of Ma- rana Parks and Recreation Department. d. Gladden HOA shall provide sufficient staffing to present and run the Gladden HOA Event Area. 3. Services to be performed by Town. Town shall be responsible for coordinating the overall planning efforts of the Parties for the Harvest Festival and shall be responsible for planning, developing and presenting that portion of the Festival occurring at Mara - na Heritage River Park, 12375 N. Heritage Park Drive (the "Town Event Area "). a. The Town shall provide security and traffic plans and staffing to implement the plans for the entire Harvest Festival, including the Gladden HOA Event Area. b. The Town shall provide a stage with audio components and an electricity gen- erator to the Gladden HOA event area at no cost to Gladden HOA for the duration of the event. Town staff shall be responsible for set -up and take -down of the stage. The Town shall be solely responsible for the stage, all necessary and ancillary equipment, and all employees and contractors doing the set -up and take -down. The Town's responsibility in the preceding sentence includes providing insurance that shall be primary for the stage, all necessary and ancillary equipment, and all em- ployees and contractors doing the set -up and take -down. The Town shall indemnify and hold harmless Gladden HOA for any claims related to the condition of the stage and all necessary and ancillary equipment, and the conduct and performance of all employees and contractors of the Town doing the set -up and take -down. Gladden HOA shall indemnify and hold harmless the Town for any claims related to the conduct of Gladden HOA or its staff, employees, or agents in the use of the stage and necessary and ancillary equipment. This indemnification supersedes the indem- nification separately provided for in paragraph 9, below. 4. Expenses and compensation. Except as otherwise set forth in this Agreement, Glad- den HOA shall be responsible for all of its operating expenses. Gladden HOA may {00039697.DOC / 41 9/25/2014 JF -2- assess, collect and retain registration fees from vendors who wish to participate in the Gladden HOA Event Area. The Town makes no guarantee or promise regarding the amount of compensation Gladden HOA will receive due to collection of these fees. Gladden HOA shall be liable for any and all taxes applicable to the proceeds received by Gladden HOA for the Harvest Festival. 5. Effective date and duration. This agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect until Octo- ber 31, 2014. Notwithstanding the foregoing, the indemnification provisions set forth in paragraph 3(b) above and paragraph 9 below shall survive termination of this Agree- ment. 6. Relationship of the parties. In the performance of the services contemplated by this Agreement, Gladden HOA shall act solely as an independent contractor, and nothing expressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and Gladden HOA. 7. Use of Town logo and seal. The Town grants Gladden HOA a limited license to use, at no cost, the Town's logo and seal in Gladden HOA's performance of the services described in paragraph 2 of this Agreement. Gladden HOA shall not use the Town's logo and seal for any other purpose or use. Gladden HOA shall not modify, revise or alter the Town's logo or seal in any way. 8. Insurance. During the term of this Agreement, Gladden HOA shall maintain insur- ance with the following required minimum coverages and limits, and the Town shall be named as an additional insured on the commercial general liability insurance policy for purposes of Gladden HOA's activities in relation to the Harvest Festival pursuant to this Agreement: Worker's Compensation: Employer's Liability: Commercial General Liability: Business Auto Liability: Statutory U.S. $100,000 U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate U.S. $1,000,000 combined single limit a. Gladden HOA shall deliver one or more certificates of insurance and addition- al insured endorsements evidencing coverage as described in this paragraph 8 to the Town upon execution of this agreement. Gladden HOA shall also deliver new cer- tificates of insurance if the policy(s) is updated during the term of this Agreement. All certificates shall be delivered to the Town Manager's Office. b. As an additional insured on Gladden HOA's commercial general liability poli- cy, the Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of Gladden HOA pursuant to this Agreement. {00039697.DOC / 41 9/25/2014 JF -3- c. The insurance afforded Gladden HOA shall be primary insurance at the Glad- den HOA Event Area, with the exception of the stage provided by the Town, as more specifically addressed in paragraph 3(b) above, and any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory in- surance to that provided by Gladden HOA. Coverage provided by Gladden HOA shall be primary insurance with respect to all other available sources. The Town's insurance shall be primary for all events or other activities or occurrences anywhere other than at the Gladden HOA Event Area. d. The insurance requirements specified in this paragraph 8 may not be changed or modified except by written agreement signed by both Parties. e. During the term of this Agreement, Gladden HOA shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 8. Gladden HOA shall give the Town immedi- ate notice of any other cancellation or reduction of any coverage required by this paragraph 8. Cancellation or reduction of any coverage required by this paragraph 8 is grounds for termination of this Agreement by the Town. 9. Indemnification. a. Gladden HOA agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from Gladden HOA's errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, anyone directly or indirectly employed by Gladden HOA, or anyone for whose acts Gladden HOA may be liable. b. The Town agrees to defend, save, hold harmless, and indemnify Gladden HOA, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from the Town's errors, omissions, or negligent acts in the performance of services pursuant to this Agreement anyone directly or indirectly employed by the Town, or anyone for whose acts the Town may be liable. 10. Regulatory compliance and approvals. Each Party shall at its own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, Gladden HOA shall obtain any and all permits prescribed by the Town, the Northwest Fire District or any other appropriate regulatory agency for its activities under this Agreement. In consideration of the services to be performed by Gladden HOA under the terms of this Agreement, to the extent legally permissible, the Town agrees to waive all Town of {00039697.DOC / 41 9/25/2014 JF -4- Marana review and permit fees that Gladden HOA would normally be required to pay for Gladden HOA's activities pursuant to this Agreement. 11. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Town Manager's Office 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to Gladden HOA, to: GLADDEN FARMS COMMUNITY ASSOCIATION Attn: Community Manager 12375 N. Heritage Park Drive Marana, Arizona 85653 12. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 13. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 14. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material short- ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the per- formance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 15. Immigration laws. Gladden HOA warrants that it will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). Gladden HOA acknowledges that pursu- ant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any employee who performs work or services pursuant to this Agreement to ensure compli- ance with this warranty. 16. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511, which provides for termination in certain instances involving conflicts of interest. {00039697.DOC / 41 9/25/2014 JF -5- 17. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in- curred in connection with that civil action. 18. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 19. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 15 days' prior written notice to the other Party. 20. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall consti- tute one and the same agreement. [SIGNATURE PAGE FOLLOWS] 100039697.DOC / 41 9/25/2014 JF -6- IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The ""Town": TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date "Gladden HOA" : GLADDEN FARMS COMMUNITY ASSOCIATION, an Arizona not-for-profit association By: Printed: Its: Date: The foregoing instrument was acknowledged before me this day of 2014 by the of GLADDEN FARMS COMMUNITY ASSOCIATION, an Arizona not-for-profit association on behalf of the association. (Seal) Notary Public {00039697.DOC / 41 9/25/2014 JF - r C? RANA -P 115 5 5 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 65 3 Item Clo To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Hilary Hiser, Records Administrator Date: October 7, 2014 Subject: Approval of September 9, 2014 Study Session Meeting Minutes, September 16, 2014 Regular Council Meeting Minutes, and September 23, 2014 Council Subcommittee Meeting Minutes (Jocelyn C. Bronson) Attachments: September 9, 2014 Study Session Minutes September 16, 2014 Regular Council Minutes September 23, 2014 Subcommittee Mintues N pW N op% 1 7 9 MARANA 7 JS►ZOS� STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chamber, September 9, 2014, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. Town Clerk Bronson called roll. Vice Mayor Post was excused; all other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION D 1 Resolution No. 2014 -082 Relating to Animal Control; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana. (Laine Sklar). Gilbert Davidson noted that D 1 and D2 are somewhat related. This item is a somewhat standard agreement that the town has with Pima County Animal Control. Staff has been working with Pima County, and there are no major changes as part of this agreement. There has been a lot of discussion around the region regarding animal control regarding facilities and costs. In the long term, this is something Marana should engage in with other cities and towns in Pima County. But at this time, we have no alternative but to work with Pima County regarding animal control. Staff recommended approval of this particular IGA and then have some additional discussion as it relates to D2. Comments from September 9, 2014 Study Session Minutes Council Member Comerford requested that staff continue working with the County to identify the costs the town is paying for. Mr. Davidson responded that staff from Marana and other municipalities were invited to a meeting with Pima County a couple of weeks ago related to this issue, and one of the questions raised was the additional services that residents are receiving over an unincorporated resident not covered by the property tax municipal residents are already paying. The response from County staff was that they really didn't know. It appears that there is no enhanced service provided to a municipal customer. There is a lot of conversation that needs to take place in the region as to how this is managed overall. Erik Montague highlighted the financial impacts for this year and next year's budget. He noted that over the last 10 years the town has spent over $300K in additional costs for the services provided. The last bill received was for $68, 407. We also received a supplemental bill for the temporary holding structure for about $13,500. Although we have been budgeting for an anticipated shortfall, this year's budget is for $50K. If this resolution is approved tonight, staff will be bringing a budget adjustment back to Council, reallocating existing funding capacity. We will need to move some existing capacity to pay for the $68K. Last year it was $39K for FY 2012. 2011 was $47K, and 2010 was $48K. So the shortfall has been hovering around $50K, and the shortfall is the difference between revenues generated against the cost of service. The additional costs incurred has a direct impact on our community. Council Member Ziegler asked if there were caveats in the IGA requiring the county to notify the town if additional costs before requesting payments. Ms. Sklar indicated that the agreement as written and as has been written states that we are responsible for administrative costs and services. The issue is what constitutes administrative costs. There is no provide that says the county can't charge us more than a certain amount. The collective community discussion as communicated to Mr. Janes from animal control a few weeks ago is that this is unacceptable and not how business should be done, and we need to be informed when large expenditures are going to take place so that we can consider them in our budget rather than after the money has been spent. Mr. Janes really did seem to hear the message which was loud and clear. Every jurisdiction in the room reiterated the severity of the problem when this was done after budgets were already adopted and that we did not have a place at the table when these expenditures were considered. Another meeting was set for December for everyone to come together again and talk about what's coming up in the next budget year. The jurisdictions have agreed to meet independently of the county and discuss how we can make ourselves heard. Mr. Montague added that the county is working to come as close to a no kill shelter as they can, and that change in focus has resulted in the increased costs and also improved accuracy of record - keeping attributable to the actual value of service received. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed 4 -2 with Council Member Comerford and Mayor Honea voting no. D2 Relating to Animal Control; discussion and direction regarding request from Pima County to amend Marana Town Code Title 6 (Animal Control) to allow Pima Animal Care Center to release Marana pets to rescue organizations, including releasing healthy free roaming cats to organizations that practice humane Trap/Neuter /Release, and to reduce the number of days the shelter must hold licensed pets prior to placing them for adoption or humanely destroying them from seven days to five days (Caine Sklar). Ms. Sklar indicated that this is representative of the county's change in philosophy to be as much of a no kill shelter as possible. There is the option of releasing animals to rescues and to releasing animals to rescues that practice trap /neuter /release (TNR). The second part of the request is to reduce the number of days they September 9, 2014 Study Session Minutes keep animals in the shelter before releasing them for adoption. Most small municipalities in Pima County have a seven -day hold although the state statute is five days. In their attempt to get animals out of the shelter faster, they would like to reduce the number of days in the shelter. Pima County says that currently most licensed pets are picked up within five days. Council Member Bowen asked if this was supposed to be a cost - savings or a way to avoid euthanizing an animal. Ms. Sklar indicated that using the materials provide to Council and staff, it's not clear how this is going to save money. It appears that it will actually cost money. It also appears to be a way not to euthanize the cats. There are proponents and opponents on the efficacy of the TNR provided a number of articles for Council's review, and the county didn't really provide anything in support of TNR. Mayor Honea indicated he didn't have a problem with shortening the timeframe to hold licensed animals, but asked if the motion could be split to approve that issue but not the other. Council Member McGorray asked for an explanation of the Petsmart grant the county was awarded to participate in this program through an agreement with Best Friends Animal Society which is an animal rescue organization. There is an out -of- pocket cost. At this point there is $600K allocated this year for spay /neuter programs through the county and $200K of that will go toward this program. So the program isn't free but it is part of the Petsmart charities. Ms. Sklar also reached out to other jurisdictions about the request to revise their codes, and the City of Tucson and Sahuarita spoke very strongly against it. Neither of them will be participating. Oro Valley has not changed their code, although she was not able to get a position one way or another. Sahuarita did adopt the IGA and they are exploring other options. They did not approve any ordinances to adopt TNR. They did approve that their animals could be released to other rescue organizations. That is an option for Council. Discussion ensued among Council. Motion by Council Member Comerford, second by Council Member Bowen to make no motion or amendments to the town code. Passed 6 -0. D3 Relating to Parks and Recreation; discussion, consideration, direction and possible action regarding the development and construction of the Marana Heritage River Park (Tom Ellis). Frank Cassidy noted that before any action is taken, he wanted to read into the record from a document from attorney Susan Goodwin, our outside Council, regarding an Open Meeting Law violation. He then read into the record the email dated July 28, 2014 from Council Member Ziegler to Vice Mayor Post and Council Members Kai and Bowen that was the subject of the Open Meeting Law violation. The violation purports to propose certain action by a majority of the Council outside of a publicly noticed Council meeting. This document is being made public prior to a final action being taken on the matter. The email itself was read into the record. Council Member Comerford requested that the report be forwarded to the Attorney General. No action on the request by Council. Mr. Davidson led the discuss, noting that this is an update on a number of focus areas within the Heritage River Park. Jennifer Christelman then gave a PowerPoint update on the whole park and brief updates on some of the projects at locations throughout the park and then leave it to Council to provide direction. The design concept report has been completed for the park — the farm, the plaza, active recreation area and the ranch. Staff has requested bond funding from Pima County per previous Council direction. As staff works through the costs for the project, new information will be brought to Council on the splash pad. No additional action has been taken on the heritage ranch, as no funding has been allocated in the budget process or from September 9, 2014 Study Session Minutes outside funding. So it sits at the original design concept report. Mr. Davidson gave an update on funding options and public involvement to date. This update is in response to Council Member Bowen's Council- approved recommendation to come back with funding concepts as well as a public outreach plan. The first option is a secondary property tax approved by the Council and then approved by Marana voters. The second option is a dedicated sales tax approved by Council from a quarter cent to a half cent. The quarter cent would generate a little of $2.3M a year based on today's estimated sales tax collection. A half center would be about $5M of additional revenue. The third item was discussed over a year ago when we were dealing with the landfill and where those dollars would be allocated. The money coming in from the landfill is broken up into two components. One is going into the re- pavement of Avra Valley Road, and the other half is for a fund that could be for landscaping or general community cleanup. Those funds are not restricted by Council covenants and could be dedicated to the heritage park. Roughly $300 -350K is generated annually from that. And then new sales tax generated means that as new businesses come online such as the mall, rather than allow that to get incorporated into the general fund for other town purposes such as paying back whatever is used for the heritage park if there was to be debt issued. Those are the four primary options. Not listed is using the town's reserve account which could be used within the town's policy measures. Next he discussed a public outreach plan if the Council wants to move forward in that direction. This is patterned similarly to the police facility by talking to all groups within the community. We would need to refine the elements and the scope of what is to be funded as part of the master plan. In conjunction with talking about the police facility, we could add a piece about making an overall investment in parks. There would be broader community appeal in talking about all parks, of which the heritage park would be a major component of that. The third thing would be coming back to Council at a public hearing. This is a template and could be modified. Discussion and a request for direction followed. Mayor Honea stated that the heritage park concept was to preserve our heritage in farming or ranching. He would hate to abandon the park entirely. A lot of improvements that have already been done have been paid for within impact fees. The biggest issue is the ranch and what to do about it. We have heard about a phased concept to get some things going, including what interest there is in an arena from the community. Teri Murphy and Kitty Wayne spoke on behalf of community members involved in and supporting arena and heritage events. Ms. Murphy gave an overview of current facilities and organizations using the arena and associated costs. She indicated that there is a need and a desire for an arena in Marana, but perhaps not a covered arena at this time. She would be willing to work with staff to research building and funding a facility. Ms. Wayne has also been involved in similar organizations as Ms. Murphy. She has booked arenas for several years and prefers to have their events at the same arena. She indicated that a smaller arena that would hold 100 -200 people in Marana would be booked on a consistent basis for various clubs and organizations. A normal use fee for an arena outside of Marana is $500 per event. In response, Council Member Bowen thanked both Ms. Murphy and Ms. Wayne for their comments and their passion. However, in addition to the costs they mentioned, the land at the heritage park requires significant remediation if that is, in fact, the right location for an arena. His principal objection is September 9, 2014 Study Session Minutes 4 to the timing of the project, not whether it's worthwhile. We are facing some significant costs for projects that we can't delay — public safety, transportation, sewer. These projects could generate significant revenue for the town and make available monies to do projects like the arena. His recommendation is not to abandon the project, but to table it for a year or so. He further indicated that his view isn't the only way to look at the project. From a community perspective, we take in revenue from a number of different sources and allocate them to make life better for our citizens, not to make a profit. Where are we standing with the budget relative to the project costs for the sewer system, how is that bringing down our reserve fund and everything else that matches up to it? She doesn't have a problem moving forward in a phased manner. We were told by staff and outside consultants that the land for the arena at the heritage park is sufficient space for the community events we want to have. Mr. Montague indicated that he would be bringing an update to Council next week on the preliminary numbers for FY 2014. At the end of 2013, we ended up with roughly $10.9M in reserves. For the FY 2015 budget we anticipated adding about $1.7M in reserves to get us to about $22.6M. We now anticipate a modest increase to that of another $3M to reserves for the 2014 audit cycle. These are preliminary and subject to any adjustments that may be found. We did incorporate another $2M in contingency as part of the budget. There has been no `spend' on the sewer project, but the design is in process. Council Member Ziegler gave a handout of Marana Current and Future Projects. She then proceeded to enumerate current projects and their associated costs. Also included were events that will financially impact Marana residents for which we have no control, as they are driven by the state or the county. We should be paying debt down. She suggested putting a Request for Quote out to the private sector. She is not against the park and has been for the park, but there is no money at this time, and this isn't the time. Council Member Kai stated that the bottom line is that there just isn't money for the arena. We have other pressing issues. His concern is the debt per capita compared to other jurisdictions. We have to be very careful with our spending and prioritizing projects. He doesn't have a problem getting a hybrid started. Council Member Bowen stated he agreed to the $2M set aside as to capacity and still thinks it's a good idea. Other issues have come to light since that decision which has made him leery of spending that, but he still thinks it's a good proposal and good that it's in the budget. In response to a question from Council Member Bowen, Ms. Christelman stated that there were a couple of different alternatives to immediate funding. Staff looked at phasing the project as well as an item by item assessment of what could or didn't have to be included, such as grading, the initial utility installation and putting up a temporary arena. Council Member Bowen asked for the costs for grading and utility. The Trico number was reduced to $450K which was a substantial savings. The site work and grading for the drainage, which was an issue, reduced to $1.5M. Although that number may seem high for grading, there were many constraints as presented at a previous meeting. In addition, we are trying the balance the earth work for the entire 160 acres, which does include some of the grading for the park. Council Member Bowen September 9, 2014 Study Session Minutes asked about the utilities for the restrooms. Ms. Christelman said there were some numbers for sewer connections and running the water lines which would be about $2M. Mayor Honea asked for numbers on the debt. Mr. Montague stated that both the debt of the town and component units, so it includes the general obligations bonds of the improvement districts as well as the Tangerine Farms Road Improvement District —about $20M. The CFDs are around $ l OM. Those are included in Marana debt even though other entities are paying. The town found it important to deliver a number of major projects over a short period of time which contributes to the overall debt. He then gave a more detailed explanation of the debt obligations and remedies for all parties. Council Member Comerford asked about the temporary arena being set up by University of Arizona and other community partners for the upcoming Harvest Festival and whether we could look into a temporary facility an option until we can fund a permanent facility? Mr. Davidson indicated that he would have hard numbers related to the splash pad to bring back to Council in about a month. Mayor Honea asked if anyone wanted to make a motion for direction to staff on the issue. Mr. Davidson reiterated that the farm has been completed, and no decision is needed for that. Regarding the splash pad, the design will be going out to bid. When we have hard numbers, we'll bring those back to Council for approval as we know we'll be a little short of what was previously presented. No decision has to be made on the ranch. If everyone is comfortable moving forward with community partners for a temporary arena, we can certainly explore options. After additional discussion, Council Member Comerford made a motion to request staff to work with community members for an alternative solution for a temporary (arena) and bring back the findings to Council to decide then if the temporary structure is financially solvable compared to what we're doing now. There was no second to the motion. Mayor Honea agreed with Mr. Davidson bringing back hard numbers within the next few weeks. We do need to try and work with the community. Council Member Ziegler made a motion, seconded by Council Member Kai, to defer funding for expenditures on the Heritage Ranch for a year and work to find alternative funding or more funding for the ranch. During that time, private fundraising can be pursued. Motion failed 3 -3 with Council Members Comerford, McGorray and Mayor Honea voting nay. Mr. Davidson indicated that when he brings the numbers back for the splash pad, if there is other interest, we can talk about it per Council, but at this time we will not have further presentations on the heritage ranch until further direction from Council. We will continue to work with the community as we have on special events and other opportunities. September 9, 2014 Study Session Minutes EXECUTIVE SESSION Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Upon motion by Council Member McGorray, second by Council Member Bowen, the meeting was adjourned at 7:59 p.m. Passed 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 9, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 9, 2014 Study Session Minutes � n �� 1 7 � MARANA � �rrizo�` REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 16, 2014 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Membf Herb Kai, Council Member Carol McGoorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01 PM. Town Clerk Bronson called roll. Vice Nk Post was excused; there was a quorum present. '4 di p ... will ,III go ki&' PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. 7%L APPROVAL OF AGENDA. ouncil Member McGorray moved to approve the agenda as amended by removin item C3 econd by Council Member Bowen. Passed unanimously 6 -0. �r � LI )III CALL TO THE PUBLIC. Dr. Charles Miller, Jr. spoke regarding the expansion of the Heritage River Park, especially in regard to the ranch portion of the park which will incorporate an equestrian center /rodeo arena. He expressed his opposition and enumerated his concerns related to the noise, additional lighting and stench of the animals that are being penned or stabled. PROCLAMATIONS. Mayor Honea noted that two proclamations regarding Constitution Day and Constitution Week were included in the agenda packet. There being a representative from September 16, 2014 Meeting Minutes 1 the Daughters of the American Revolution in the audience, Town Clerk Bronson read the proclamation. Proclaiming September 17 - 23, 2014 as Constitution Week for the Daughters of the American Revolution Mayor Honea will be speaking at the Legacy School on September 17, 2014, and will present the proclamation for Constitution Day at that time. Proclaiming September 17, 2014 as Constitution Day for the Legacy Traditional School MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Bowen announced that his daughter is having his fourth grandchild. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Deputy Town Manager Mehta reported on the emergency processes and being put into place to prepare for the coming storm tomorrow. j3 PRESENTATIONS F a5= P 1 Relating to Budget; presentation of preliminary results of the Town's General Fund for the 2013 -14 fiscal year. Presented by Erik Montague. These numbers are subject to change as a result of closing adjustment and the audit to be done in October. Final results are anticipated to be presented formally in December. The focus is the general fund, the town's largest fund, specifically the sales taxes, shared revenues and license, permits and fees. He will then give a general status update through June 2014. Sales tax or transaction privilege tax represents 60% of the town's revenues. Most categories did fairly well. There were a few that did significantly better than expected, which included contracting or construction sales tax on new construction. It's 132% of what was budgeted and ahif t all residential construction, which is something g we haven't seen for about five or six years. Retail year over year was about three percent higher. Bars and restaurants was about two percent higher. For all categories it was about 6.8 percent higher for all categories. We've reached about what we were doing during holiday sales of December 2006 which is positive. State shared revenues is the second largest piece of revenue to the town's general fund. Overall, we've pretty much hit our marks there. With respect to HURF revenue, we are still looking into that, although it is higher. This variance may be due in part by additional distribution. State shared revenues declined through 2010 and then began to recover in 2011. Because our urban revenue sharing tax is delayed, our declines continued through 2011 and then have been recovering ever since, bringing us close to 2009 levels. September 16, 2014 Meeting Minutes 2 Licenses, permits and fees represent about ten percent of our current budget and continues with modest growth. A key piece has to do with single family residential permits issued. We exceeded budget by about 11 %. The rest is mixed. With respect to host fees, that's a high number, and that is attributable to two sources of revenue. One is the mining extraction fee and well as the host fee, new for this year. We don't know exactly what to predict for with the landfill — Waste Management. We get so much per ton that's delivered to our facility. As Mr. Davidson pointed out earlier, that Waste Management host fee for 2015 is going to be split — half between the general fund and half for the Avra Valley Road project. Waste Management opened in September, 2013, so they were only open for three full quarters and a partial quarter. Mr. Montague stated that $350K to $375K was budgeted for FY 2015, so we're anticipating collecting about $70 -85K a quarter. For 2014, we budgeted for 550 single family resident permits, and for 2015 600 single family residents. So we're close to 2015 projects at this time. In 2013, we did 692. A large number of those were attributable to permits pulled by Saguaro Bloom. Some of the negative number which might seem odd and normally are as a result of some corrections in how certain monies collected by the town were recorded related to assurances or other types of deposits. Starla Anderson, Budget Manager, worked with the development services group on a special project to look at all of the assurances of monies that we collect in advance and either have to return back to the developer or have access to that money to complete those improvements. Initially, We of that money was recorded as revenue when it was received, when, if we have to return it it should have been recorded as a deposit. He concluded with a general fund summary. Overall revenue, we're at 105% of what we budgeted, and there were no major surprises. Overall expenditures are at about 96.1%. One of the things that the Manager's Office and Finance have been very careful to manage is the overall fund balance, a large part of that being reserves. The high water mark was 2007 -08 when we had about $20M fund balance in the general fund. We dipped into cash reserves in 2008 -09 to manage our obligations. From 2009 -10 forward, we have been adding modestly to the reserves. At the end of 2012 -2013, we had and audited $20.9M in fund balances. For 2013 -14, we anticipate being slightly under $24M. These are good numbers, and bond agencies look at our ability to manage our reserves and our budgets. We are scheduled to be audited in October, and then we will generate the financial statements. We are going to move toward a formal presentation of the final audit results in December, and we will bringing our outside consultant in to assist us in that presentation. There are some governmental accounting standards changes (GASB68) that are mandating how to handle specific changes to the retirement. He then opened for questions. Mayor Honea noted that the reserve number being the highest we've ever had speaks highly of Mr. Montague and staff in keeping us solvent and moving forward. CONSENT AGENDA. Motion to approve Consent Items C1, C2 and C4 by Council Member Kai, second by Council Member Ziegler. Passed unanimously 6 -0. September 16, 2014 Meeting Minutes 3 Cl Resolution No. 2014 -083: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimbursable Grant Agreement for Grant Number ES S 10 between the State of Arizona by and through the Department of Transportation and the Town of Marana for design and replacement of taxiway and runway guidance signs and lighting (Lisa Shafer) C2 Resolution No. 2014 -084: Relating to Intergovernmental Relations; approving and authorizing the Mayor to execute Intergovernmental Agreement among the Town of Marana, Northwest Fire District and Marana Unified School District No. 6 for development review and inspection, facility use and general cooperation (Jane Fairall) C3 Resolution No. 2014 -085: Relating to Public Works; Approving and authorizing the execution of an amendment to an intergovernmental agreement between the Arizona Department of Transportation and the Town of Marana relating to the I -10 /Twin Peaks Traffic Interchange (Keith Brann) C4 Approval of Marana Council Minutes for September 2, 2014 (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Claudio Martinez on behalf of the American Diabetes Association for a special event, Hogtoberfest, to be held on Saturday, October 25, 2014 (Jocelyn C. Bronson). Presented by Town Clerk Bronson, who stated that the applications were properly reviewed and that staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rick McAlex on behalf of the Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers to be held on September 26, 27 and 28, 2014 (Jocelyn C. Bronson) Presented by Town Clerk Bronson, who stated that the applications were properly reviewed and that staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. September 16, 2014 Meeting Minutes 4 BOARDS, COMMISSIONS AND COMMITTEES B 1 Resolution No. 2014 -086 Relating to Boards, Commissions and Committees; selecting three potential topics for the Fall 2014 Marana Citizens' Forum (Jocelyn Bronson). Town Clerk Bronson presented the item noting that staff is requesting that Council not consider the Assured Water Supply as a topic, as this is a regulated item and cannot be changed. She noted that if Council would like to add a topic in place of that, they could do so. Council Member Kai indicated that the drought and water conservation could be a good topic. With Council approval, water conservation was added to the list of topics for the Forum delegates to consider. Motion by Council Member McGorray to approve the topics of citizen engagement in budget management and financial transparency, managing and maintaining infrastructure for current and future development, job creation and retention in Marana, and water conservation. Second by Council Member Kai. Passed unanimously 6 -0. INL, B2 Resolution No. 2014 -087 Relating to Boards, Commissions MUCommittees; appointing new delegates to the Marana Citizens' Forum (Jocelyn Bronson). Town Clerk Bronson indicated that four candidates applied for at -large positions on the Marana Citizens' Forum. Staff recommended approval of these applicants who are Marana residents. Motion to approve the appointments of Don Duncan, Kelle Maslyn, Michael Smentek and Joshua Alexander as at -large delegates of the Marana Citizens' Forum. Second by Council Member Ziegler. Passed unanimously 6 -0. Mayor Honea then presented Certificates of Appointment to Don Duncan, Joshua Alexander and Michael Smentek. Ms. Maslyn was not present. COUNCIL ACTION Al Resolution No. 2014 -088 Relating to Development; approving a preliminary plat for Gladden Farms Blocks 14 & 15 Lots 1-138 and Common Areas A -1 - A -3; B -1 - B -12 and C -1 located approximately at the southeast corner of Tangerine Farms Road and Heritage Park Drive (Steven Vasquez). Mr. Vasquez presented this item to Council. The zoning for these blocks is the minimum lot size of 3,500 square feet, although the lots are going to be platted at a minimum of 6,000 square feet to waive the re uire ent of an on -site community pool. There will be two q q Yp entrances off of Tangerine Farms Road as well as a neighborhood park. There will be recreational trails at the rear of the subdivision to connect to Heritage Park and Gladden Farms Community Park. The proposed develop is KB Homes, and staff has made KB Homes aware of the Heritage Park and the plans for it. Mr. Vasquez presented a rendering of the hardscape or six - foot decorative walls and six -foot view fences along the lots. There will be landscaping within the common areas, one at the corner of Heritage Park Drive and Tangerine Farms Road and the other where the subdivision meets Gladden Farms Park. This landscaping will serve as a buffer and is also in keeping with the character of Gladden Farms. The preliminary plat was presented to the Planning Commission on August 27, and they unanimously recommended approval. Town staff also recommends approval. Mr. Vasquez responded to Council questions, including September 16, 2014 Meeting Minutes 5 the relationship of the Heritage Park ranch to the subdivision. He noted that the ranch site is farther south. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Motion passed 5-1 with Council Member Comerford voting nay. ITEMS FOR DISCUSSION /POSSIBLE ACTION EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive Session pursuant to A.R.S. § 38- 431.03(A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Marana Citizens' Forum. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn at 7:54 PM by Council Member Comerford, second by Council Member Bowen. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 16, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 16, 2014 Meeting Minutes 6 7 MARANA TOWN OF MARANA MARANA TOWN COUNCIL COUNCIL COMMITTEE FOR PLANNING COMMISSION AND BOARD OF ADJUSTMENT APPOINTMENTS MINUTES 11555 W Civic Center Drive, Marana, Arizona 85653 Executive Conference Room, 1st Floor MMC, September 23, 2014, at or after 5:30 p.m. Carol McGorray, Council Member, Chair Patti Comerford, Council Member Roxanne Ziegler, Council Member A. CALL TO ORDER AND ROLL CALL. The meeting was called to order by the Chair, Council Member McGorray, at 5:35 p.m. Town Clerk Bronson called roll. Council Member Ziegler was excused. There was a quorum present. Also in attendance were Jamsheed Mehta, Deputy Town Manager, Frank Cassidy, Town Attorney, Ryan Mahoney, Planning Director and Jocelyn Bronson, Town Clerk. B. PLEDGE OF ALLEGIANCE. Led by Chair McGorray. C. APPROVAL OF MINUTES: Minutes of the September 10, 2014 meeting. Motion by Council Member Comerford, second by Chair McGorray. Approved 2 -0. D. APPROVAL OF AGENDA. Motion by Council Member Comerford, second by Chair McGorray. Approved 2 -0. E. CALL TO THE PUBLIC. No members of the public were present. At this time any member of the public is allowed to address the Council Committee on any issue within its jurisdiction, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council Committee must complete a speaker card located in the lobby and deliver it to Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council Committee may respond to criticism made by those who have addressed the Council Committee and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. 100039488. DOCX /} F. DISCUSSION OF INTERVIEW QUESTIONS. Ryan Mahoney explained how he developed the questions. The Committee made a few modifications based on further discussion with staff. G. CANDIDATE INTERVIEWS. Motion to go into executive session at 5:58 p.m. by Council Member Comerford, second by Chair McGorray to interview three candidates: Matthew Cawley, Ronald Hill and John O ff icer. H. DISCUSSION/DIRECTION/POSSIBLE ACTION Motion to come out of executive session at 7:03 p.m. by Chair McGorray, second by Council Member Comerford. The public meeting of the Council Committee reconvened. Discussion regarding the candidates and their responses to the interview questions ensued. It was noted that the term of the appointment expires in June of 2015. Motion to proceed as discussed in executive session by Council Member Comerford, second by Chair McGorray, to recommend the appointment of John Officer to the full Council to fill the current vacancy on the Planning Commission and to encourage other candidates to get involved in the community. Passed 2 -0. Ms. Bronson stated that she would schedule the appointment on the Council agenda and send letters to each of the candidates who were not selected, inviting them to become a delegate to the next Marana Citizens' Forum. EXECUTIVE SESSION Pursuant to A.R.S. § 38- 431.03, the Council Committee may vote to go into executive session, which will not be open to the public, to discuss certain matters. Pursuant to A.R.S. 38- 431.03 (A)(3), the Council Committee may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. r...... ADJOURNMENT. Chair McGorray moved to adjourn at 7:28 p.m., second by Council Member Comerford. Approved 2 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Council Committee for Planning Commission and Board of Adjustment Appointments meeting held on September 23, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 100039488.DOCX /} - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item in To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: October 7, 2014 Strategic Plan Focus Area: Community Subject: Resolution No. 2014 -098 Relating to Boards, Commissions and Committees; making an appointment to the Planning Commission (Jocelyn C. Bronson) Discussion: On September 10, 2014, the Council Committee for Planning Commission and Board of Adjustment Appointments met to consider applications for a vacancy on the Marana Planning Commission. The Committee reviewed and discussed the applications for the vacancy. The applicants were Matthew Cawley, Ronald Hill, Justin Brock, Valerie Pullara, Fred Barnett and John Officer. Matthew Cawley, John Officer and Ronald Hill were invited to interview for the position on September 23, 2014. After conducting the interviews, the Committee is recommending that John Officer be appointed to the Marana Planning Commission with a term expiring June 30, 2015. Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2014 -098, appointing John Officer to the Marana Planning Commission, with a term expiring June 30, 2015. Attachments: Resolution No. 2014 -098 MARANA RESOLUTION NO. 2014-098 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING AN APPOINTMENT TO THE TOWN OF MARANA PLANNING COMMISSION WHEREAS on March 5, 2013, the Town Council adopted Resolution No. 2013 -020, modifying the procedures for appointments to the Town of Marana Planning Commission by establishing a Council Committee for Planning Commission and Board of Adjustment Appointments, and authorizing the Committee to receive and review applications and interview prospective Planning Commission members and to make recommendations relating to the applicant to the full Town Council for consideration and possible action; and WHEREAS the Council Committee for Planning Commission and Board of Adjustment Appointments has reviewed the applications for the vacancy on the Planning Commission and has made its recommendation to the full Council; and WHEREAS the Mayor and Council desire to fill the existing vacancy and find that the appointment addressed by this resolution is in the best interest of the town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that John Officer is appointed to the Marana Planning Commission with a term expiring June 30, 2015. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2014 -098 8/7/2014 10:13 AM FJC - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item Al To: Mayor and Council From: Laine Sklar, Senior Assistant Town Attorney Date: October 7, 2014 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2014.023: Relating to Development; amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) to extend the operating hours of medical marijuana dispensaries and to permit medical marijuana dispensaries to deliver medical marijuana to qualifying patients; and establishing an effective date (Caine Sklar) Discussion: The two medical marijuana dispensaries in Marana, Nature Med and The Apothecary, have submitted an application proposing an amendment to the Land Development Code to allow medical marijuana dispensaries to be open from 7:00 a.m. to 9:00 p.m. This is an extension of the currently allowed operating hours of 9:00 a.m. to 5:00 p.m. The dispensaries also request that the Land Development Code be amended to specifically permit the dispensaries to operate delivery services. Delivery services are permitted under state law and regulations, and are not currently prohibited under the Land Development Code. Staff Recommendation: Staff recommends approval with the following changes: 1) operating hours of 7:00 a.m. to 7:00 p.m., and 2) removal of the provision specifically permitting a delivery service. Suggested Motion: I move to adopt Ordinance No. 2014.023 amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses), with the following changes: 1) operating hours of 7:00 a.m. to 7:00 p.m., and 2) removal of the provision specifically permitting a delivery service. I move to adopt Ordinance No. 2014.023 amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses). Attachments: Ordinance 2014.023 MARANA ORDINANCE NO. 20149023 RELATING TO DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE SECTION 08.08 (MEDICAL MARIJUANA USES) TO EXTEND THE OPERATING HOURS OF MEDICAL MARIJUANA DISPENSARIES AND TO PERMIT MEDICAL MARIJUANA DISPENSARIES TO DELIVER MEDICAL MARIJUANA TO QUALIFYING PATIENTS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council passed Ordinance 2010.18 on October 19, 2010, permitting medical marijuana dispensaries within the Town, subject to certain conditions; and WHEREAS medical marijuana dispensaries in surrounding communities have longer operating hours than the operating hours currently permitted in the Town of Marana, resulting in Marana residents having to travel outside of the Town limits purchase medical marijuana; and WHEREAS extending the operating hours of medical marijuana dispensaries within the Town of Marana will (i) reduce the amount of travel required for Marana residents to purchase medical marijuana, and (ii) increase the potential for tax revenue to be generated by medical marijuana purchases in the Town limits; and WHEREAS medical marijuana dispensaries are permitted under State law to deliver medical marijuana to qualifying patients; and WHEREAS not all qualifying patients have access to reliable transportation, or the ability to travel; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Land Development Code Section 08.08(C) is amended as follows (with deletions shown with and additions shown with double underlining) : 08.08 Medical Marijuana Dispensary. [No revisions in paragraphs A and B] C. A medical marijuana dispensary shall: [No revisions in subparagraphs 1 through 6] {00038973.DOCX /} Marana Ordinance 2014.023 - 1 - 8/7/2014 1:00 PM LS /FC 7. Have operating hours not earlier than X 7:00 a.m. and not later than -9� 00 P.M. 8. Be permitted to deliver medical marijuana to qualifying patients in the manner provided by the Arizona medical mariivana act and the accompanvina department of health services Arizona medical mariivana program rules. [No revisions in paragraphs D through G] SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective 30 days after its passage by the council. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this day of 1 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00038973.DOCX /} Marana Ordinance 2014.023 -2- 8/7/2014 1:00 PM LS /FC - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item A2 To: Mayor and Council From: Brian Varney, Planner II Date: October 7, 2014 Strategic Plan Focus Area: Commerce, Community Subject: PUBLIC HEARING: Ordinance 2014.024: Relating to Development; approving a rezoning of approximately 13 8 acres of land located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, from `RR' Resort and Recreation to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to the General Plan; and approving and authorizing the mayor to execute the Lazy K Bar Ranch Development Agreement (Brian Varney) Discussion: Summary of Application An application submitted by LKB Ranch, LLC, LKB Hotel, LLC, and LKB Retained Land, LLC represented by Racy Associates, Inc. and The Planning Center, to rezone approximately 138 acres of land from `RR' Resort and Recreation to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan. The requested rezoning includes an application for a minor amendment to the Town of Marana General Plan. The application proposes to amend the existing General Plan land use plan category of Rural Density Residential (RDR) to Master Plan Area (MPA) to accommodate the proposed Specific Plan zoning. The application also includes a proposal for the Town and the property owner to enter into the The Lazy K Bar Ranch Development Agreement ( "Agreement "), which is intended to provide, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. The proposed Agreement has been attached as Exhibit B to the proposed draft ordinance. Rezoning Request The specific plan area consists of approximately 138 acres. The Lazy K Bar Ranch Specific Plan proposes two primary land uses: RA (Residential Area) and OS (Open Space). The RA use is proposed to occupy approximately 62 acres (45 %) of the project area inclusive of lot area and roadways. The OS land use is proposed to occupy approximately 76 acres (55 %) of the project area inclusive of Natural Undisturbed Open Space, disturbed open space, and recreation area. Marana General Plan The Land Use Plan within the Marana General Plan designates the specific plan area as Rural Density Residential (RDR), which is characterized by single - family detached homes on very large properties at a density range of 0.1 to 0.5 residences per acre. The rezoning application is accompanied by an application for a minor amendment to the the Land Use Plan from Rural Density Residential (RDR) to Master Plan Area (MPA) to accommodate the proposed specific plan zoning. The Marana General Plan distinguishes a major amendment from a minor amendment by the use of three criteria, which determine whether or not an amendment would result in a "substantial alteration in the land use mixture or balance as established in the existing General Plan Land Use and Growth element". The criteria are as follows: 1. Change in any land use designation exceeding 80 acres (not including Master Planning Areas). 2. Two -step increase change of the current land use designation. 3. Proposal that results in a significant alteration, or diversion from an area of the adopted Road Network including, but not limited to, a change in functional classification. Town staff has evaluated the proposed specific plan with respect to these criteria and finds that the request constitutes a minor amendment for the following reasons: 1. Master Plan Areas are excluded from the 80 -acre threshold. 2. The requested amendment would result in a one -step increase in density range from 0.1 - 0.5 residences per acre (RDR) to 0.5 - 2.0 residences per acre (LDR equivalent), as the Lazy K Bar Ranch Specific Plan proposes a density of 1.29 residences per acre. 3. The requested amendment will not result in a significant alteration from an area of the adopted Road Network plan. The Road Network plan consists of major routes with a minimum right -of -way of 90 feet. Scenic Drive is not included within the Road Network plan. Land Use The Lazy K Bar Ranch Specific Plan proposes 178 residential lots, roadway infrastructure, drainage and utility infrastructure, and well as approximately 2.3 8 acres for recreation, not including an anticipated public trail easement near the north boundary of the site. Approximately 62 acres (45 %) of the site will be developed for residential lots and related infrastructure, and 76 acres (55 %) of the site area will be maintained as open space. Of the 76 acres, it is anticipated that 34.5 acres (25 %) will remain as Natural Undisturbed Open Space, and the remaining will function as general open space and recreation area. The specific plan proposes both passive and active open space and recreation in the form of a 2.38 acre community recreation area in the location of the existing ranch house, as well as a multitude of private and public trails. The final subdivision plat for the project will identify and delineate the location of a public trail easement to be granted to the town at such time that similar trail easements are secured for trails on the adjacent property to the west. An easement will be granted on the Lazy K Bar site within the open space area in close proximity to the north property line and extending the full width of the property. The easement will enable the Town to construct and maintain a sustainable trail that connects to a larger regional public trail system. The topography of the site is characterized largely by undulating terrain with rather significant slopes in the west and south portions of the site. There are Level 1 restricted peaks and ridges located in the northwest and southwest corners of the property. Grading will be restricted to lots, roadways, and necessary ancillary grading for improvements within the project. On -site storm water flows drain from the west to the east predominantly as sheet flow and through braided natural channels. Storm water run -off leaves the site and is intercepted by a channel adjacent to the west boundary of Ironwood Reserve. The low - density, rather clustered design of the project will allow for most drainage to flow naturally. Significant drainageways within the project will be primarily preserved in their natural state with minimal encroachments for roadway crossings. The specific plan responds to site conditions with a design that minimizes disturbance to on -site washes and riparian habitat by limiting development in and near those areas and exceeding required setbacks from the restricted peaks and ridges. Wildlife corridors are maintained in the north and southeast areas of the site, and wash /roadway culverts will be sized to accommodate smaller wildlife species. The proposed development standards are very typical of those used in other quality single- family residential developments. The specific plan proposes three lot size categories within the RA (Residential Area) land use designation that generally increase in size from east to west within the project. The smallest lots at a minimum size of 7,200 square feet are located nearest the project's frontage on Scenic Drive. Lots located near the center of the project are proposed at a minimum of 9,100 square feet, and lots located further west in the upper elevations of the project are proposed at a minimum lot size of 11,200 square feet. The builder, Mattamy Homes, is anticipating three distinct product types with both one -story and two -story models. Access and Circulation The primary and secondary access into the development are provided via Scenic Drive. The primary access aligns with Pima Farms Road and will provide both ingress and egress for the development. The secondary access is located approximately 100 feet south of the north boundary of the project and will provide egress only. A gated development is proposed and, thus, private streets will be maintained by a homeowner's association. The Town of Marana Traffic Engineering Division has accepted both the specific plan and the Traffic Impact Analysis. The applicants have submitted a design exception request to reduce the required width of the interior streets. Section 6.0 of the Town of Marana Subdivision Street Standards Manual specifies a residential street section with two 16 foot travel lanes. The Town Engineer has accepted a proposed reduction to 12 -foot travel lanes with a two -foot roll curb on both sides of the street. Parking will only be allowed on one side of the street, and has been approved by Northwest Fire District. Sidewalks will be provided on one side of the street for those streets that serve the largest lots. The streets that serve the mid -sized and smaller lots will include sidewalks on one side of the street in the locations where homes are to be constructed on only one side. In locations where houses are to be constructed on both sides of the street, sidewalks will be provided on both sides. Mid -block crossings are provided where needed to allow pedestrians to safely cross the street. A four -foot natural path will be constructed along the main drive in order to maintain a suburban character. The benefits of a narrower street section include reduced maintenance costs, reduction of the urban heat - island effect, reduction in land disturbance, as well as a traffic calming effect. Through extensive review and analysis, Town staff has determined that re- opening Scenic Drive is critical to ensure effective and efficient neighborhood traffic circulation. The owner /developer will dedicate to the Town the previously abandoned right -of -way for Scenic Drive along the project's frontage, and will fully improve /construct Scenic Drive in accordance with the Lazy K Bar Ranch Development Agreement. Utilities The specific plan area will be served by Marana Water via an existing 12 -inch main located within Pima Farms Road near its intersection with Scenic Drive. It is anticipated that a booster station will be constructed to supply water to the higher elevations within the project. A water service agreement, as well as plans for the water distribution system will be required prior to development. The owner/ developer will be responsible for constructing all on -site and off -site water infrastructure needed to serve potable water and fire protection to the project. Sewer will be provided to the project by Pima County. The Pima County Regional Wastewater Reclamation Department has indicated that flows from this project can be accommodated in an existing 10 -inch sewer line located within Pima Farms Road near its intersection with Sand Dune Place, approximately 2,700 feet east of the project. Other options may be available in nearby existing lines; however, the owner /developer must obtain a Type I capacity response letter from Pima County confirming that conveyance and treatment capacity is available for these options prior to platting. The project is located within the Tucson Electric Power (TEP) service area. TEP has indicated that an upgrade to the existing overhead line in Pima Farms Road near Scenic Drive may be required to serve the project. Southwest Gas currently serves the property. Citizen Participation The applicants conducted a neighborhood meeting on June 2, 2014 at the Stardance Event Center. The meeting was well attended by approximately 60 community residents and others interested in the proposed plan. The applicant held an additional neighborhood meeting on August 19, 2014 at the same venue, with an attendance of approximately 3 S . The predominant concerns expressed by the participants included: project density; increased traffic on surrounding streets; re- opening of Scenic Drive; the potential for cut - through traffic on Moonfire Drive; environmental impact; impact to local private wells; and visual impact upon surrounding properties. Throughout the review process, the applicants and their consultants have worked diligently in efforts to address such concerns. The Town has received a number of letters in support of, and in opposition to, the proposed rezoning. A great deal of support has been received for the re- opening of Scenic Drive. The letters received to date have been included with this staff report for Town Council review and consideration. Development Agreement The Development Agreement requires the owner to construct an extension of Scenic Drive on and off -site of the owner's land, from a point approximately 400 feet south of Silverbell Road to the intersection of Pima Farms Road, as depicted in the agreement. The owner has agreed to dedicate the necessary additional right -of -way, as described in the Agreement, to construct the extension of Scenic Drive and related infrastructure improvements. Overview of Lazy K Bar Ranch Development Agreement: The specific terms of development are detailed within the Agreement; however, the following summarizes the proposed provisions: 1. The owner will substantially complete the construction of the improvements for Scenic Drive before seeking occupancy of any structure within the Lazy K Bar Ranch development other than model homes. 2. The owner will dedicate new right -of -way for a portion of Scenic Drive to the Town of Marana upon completion of the improvements for Scenic Drive or as part of the final plat for the development, whichever comes first. 3. The development shall be governed by the Lazy K Bar Ranch Specific Plan. The Land Development Code of the Town of Marana shall apply to the extent not covered by the Lazy K Bar Ranch Specific Plan or the Agreement. 4. The owner shall design and construct the Scenic Drive improvements and pay all public improvement costs, as defined in the Agreement, as they become due. 5. The Town will make reimbursement payments from construction sales tax revenues, as defined in the Agreement, to the owner for the Town's share pursuant to the terms of the agreement. The Town's share is defined in the Agreement as 40 %. 6. The Town shall pay the owner from a reimbursement account into which the construction sales tax revenues from the project have been deposited. 7. The Town will waive 40% of all plan review fees and inspection and construction permit fees for the Scenic Drive improvements. 8. At such time that a public trail easement has been granted on the adjacent property located to the west of the owner's land that connects to the owners land, the owner shall grant to the Town a permanent public trail easement in the designated open space in close proximity to the north boundary of the owner's land. The trail easement shall generally follow the existing trail alignment. The easement will be the minimum width necessary for the Town to construct and maintain a sustainable public trail, as determined by the Marana Parks and Recreation Department. 9. The Lazy K Bar Ranch Development Agreement terminates, supersedes, and replaces the 2001 Pre - Annexation and Development Agreement (PADA) as it applies to the owner's land except as follows: (a.) The provisions of subparagraph 3.2, relating to oversizing of Town public water facilities, shall continue to apply to the owner's land; and (b) The owner may continue to use the existing wells on the owner's land, referred to in Section 6 of the PADA, for construction and irrigation water until completion of the development of the owner's land. 10. Exhibit A: Legal Description 11. Exhibit B: Depiction of Area of Extension of Scenic Drive and Typical Roadway Sections 12. Exhibit C: Legal Description of New Right -of Way to be Dedicated to the Town 13. Exhibit D: Description of and Specifications for Scenic Drive Improvements 14. Exhibit E: Legal Description and Depiction of Right -of -Way to be Abandoned by the Town. Public Notification The required notice for this public hearing was properly noticed in The Daily Territorial newspaper, and all property owners within 300 feet of the proposed specific plan area were noticed by United States Mail of the date, time, and topic of the public hearing. Notice was also posted at various locations within the community. Recommended Findings of Fact 1. The property is currently zoned `RR' Resort and Recreation. The proposed change in zoning from `RR' to `F' Specific Plan will require a minor amendment to the Marana General Plan from the existing land use plan category of Rural Density Residential (RDR) to Master Planning Area (MPA). 2. With the acceptance of the recommended conditions, the proposed rezoning is in compliance with all other development standards of the Land Development Code related to this zoning classification. 3. This proposal, with acceptance of the recommended conditions, does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. CASE ANALYSIS Review criteria 1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: With the acceptance of the recommended conditions the development complies with the requirements of all agencies. 2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.: With the acceptance of the recommended conditions this proposal complies with the requirements of `F' Specific Plan zoning and the purpose and intent of the Land Development Code. 3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan Master Planning Area (MPA) land use designation. 4. Compatible with the surrounding area, harmonious with character of the neighborhood, not detrimental to the immediate area or the development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town: Based upon the requirements and conditions, this proposal does not appear to be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Staff recommends adoption of Ordinance 2014.024, approving a rezoning creating the Lazy K Bar Ranch Specific Plan, approving a minor amendment to the General Plan, and approving and authorizing the Mayor to execute the Lazy K Bar Ranch Development Agreement, subject to the following recommended conditions: 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The owner shall be responsible for the dedication of right -of -way and the design and construction of the improvements for the extension of Scenic Drive, as well as other public infrastructure, in accordance with the Lazy K Bar Ranch Development Agreement. 3. When there is a public trail easement on the adjacent property located west of the Lazy K Bar Ranch Specific Plan area, the owner of the Lazy K Bar Ranch shall grant to the Town an easement for the construction and maintenance of a public trail accessible by the general public through the Lazy K Bar Ranch Property. The general alignment of the trail is delineated in the specific plan and detailed in the Lazy K Bar Development Agreement. 4. A drainage report must be submitted by the developer and accepted by the Town Engineer prior to Town approval of a preliminary plat. 5. The final design of all streets and circulation facilities, including the gated access and emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of the final plat. 6. The maximum number of residential lots shall not exceed 178. 7. No approval,permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 8. The property is within the intended water service area of the Town of Marana. Prior to approval of the preliminary plat, the Developer will submit a Water Infrastructure and Phasing Plan (WIP), identifying water use, fire flow requirements, and all major on -site and off -site water facilities needed to serve the development, including but not limited to, well source, reservoir, and booster station infrastructure. This plan will be the basis for a Water Service Agreement for the project. 9. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer /landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the developer and accepted by the wastewater provider prior to the approval of any final plat or development plan. 11. Prior to the issuance of any grading permits for this project, evidence shall be submitted to the Town that all federal permit regulations have been met through the Army Corps of Engineers and the State Historic Preservation Office. 12. Prior to the issuance of any grading permits for this project, evidence shall be submitted to the Town that a 100 percent area survey has been completed by a qualified wildlife biologist for the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site shall be relocated at the expense of the developer. 13. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Lazy K Bar Ranch Specific Plan in accordance with the requirements defined in the Land Development Code. 14. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving the Lazy K Bar Specific Plan, the applicant shall provide the Planning Department with the following: one non -bound original; twelve bound copies; and, ten electronic copies on CD in PDF format. Planning Commission Recommendation The Planning Commission held a public hearing for the specific plan application on August 27, 2014, at which time the Commission voted unanimously (S -0) to recommend approval to the Town Council, as presented by staff. The Planning Commission subsequently held a public hearing for the Lazy K Bar Ranch Development Agreement on September 24, 2014, at which time the Commission passed and adopted Planning Commission Resolution 2014 -03, on a vote of (6 -0), recommending that the Town Council approve the Lazy K Bar Ranch Development Agreement, as presented by staff. A copy of the Planning Commission Resolution is attached in the backup materials for this item. The Resolution's language is consistent with the findings, report, recommendation, and vote of the Planning Commission. Suggested Motion: Staff recommends that the Town Council move one of the following options: OPTION 1: I move to adopt Ordinance 2014.024, as presented by staff. OPTION 2: I move to adopt Ordinance 2014.024, as presented by staff, subject to the following modifications (add as necessary). Attachments: Ordinance No. 2014.024 Exhibit 'A' - Legal Description Exhibit 'B' - Lazy K Bar Ranch DA Location Map Specific Plan Application Specific Plan Document Design Exception Application Scenic Drive Improvements Planning Commission Resolution 2014 -003 Planning Commission Minutes 2001 PATNA MARANA ORDINANCE NO. 20149024 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 138 ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD, WEST OF THE SCENIC DRIVE ALIGNMENT, FROM `RR' RESORT AND RECREATION TO `F' SPECIFIC PLAN FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR RANCH SPECIFIC PLAN; APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN; AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LAZY K BAR RANCH DEVELOPMENT AGREEMENT WHEREAS Racy Associates, Inc. and The Planning Center represent LKB Ranch, LLC, LKB Hotel, LLC, and LKB Retained Land, LLC, collectively referred to as the "Owner" of 138 acres of property located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, within a portion of Section 29, Township 12 South, Range 12 East, (referred to in this Ordinance as the Rezoning Area), depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Owner has authorized Racy Associates, Inc. and The Planning Center to submit applications to rezone 138 acres from `RR' Resort and Recreation to `F' Specific Plan ( "this Rezoning "), amend the Marana 2010 General Plan from Rural Density Residential (RDR) to Master Planning Area (MPA), and to process a development agreement for the Rezoning Area; and WHEREAS the Marana Planning Commission held a public hearing on August 27, 2014, and voted 5 -0 to recommend that the Town Council approve the Specific Plan and General Plan Amendment, subject to the recommended conditions; and WHEREAS the Marana Planning Commission held a public hearing on September 24, 2014, and voted 6 -0 to recommend that the Town Council approve the Lazy K Bar Ranch Development Agreement, as presented by staff; and WHEREAS The Marana Mayor and Town Council finds that the Lazy K Bar Ranch Development Agreement, depicted as Exhibit "B" attached to and incorporated in this Ordinance by this reference, is consistent with the Marana General Plan with the proposed amendment, applicable specific plans, and relevant Town policies; and WHEREAS the Marana Mayor and Town Council finds that the Lazy K Bar Ranch Development Agreement is in the best interest of the Town and its citizens; and WHEREAS the Marana Mayor and Town Council held a public hearing on October 7, 2014 and determined that the Specific Plan should be approved; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Marana Ordinance No. 2014 -024 - 1 - 9/25/2014 12:16 PM BDV /FJC Section 1. The zoning of the Rezoning Area is hereby changed from `RR' Resort and Recreation to `F' Specific Pan, creating the Lazy K Bar Ranch Specific Plan, attached to and incorporated in this Ordinance by this reference. Section 2. A minor amendment to the General Plan is hereby approved, changing the land use plan category for the Rezoning Area from Rural Density Residential (RDR) to Master Planning Area (MPA). Section 3. The Lazy K Bar Ranch Development Agreement is hereby approved in the form attached to and incorporated by this reference in this Ordinance as Exhibit B. Section 4. The Mayor is hereby authorized and directed to execute the Lazy K Bar Ranch Development Agreement for and on behalf of the Town of Marana. Section 5. This Rezoning is subj ect to the following conditions, the violation of which shall be treated in same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The owner shall be responsible for the dedication of right -of -way and the design and construction of the improvements for the extension of Scenic Drive, as well as other public infrastructure, in accordance with the Lazy K Bar Ranch Development Agreement. 3. When there is a public trail easement on the adjacent property located west of the Lazy K Bar Ranch Specific Plan area, the owner of the Lazy K Bar Ranch shall grant to the Town an easement for the construction and maintenance of a public trail accessible by the general public through the Lazy K Bar Ranch Property. The general alignment of the trail is delineated in the specific plan and detailed in the Lazy K Bar Development Agreement. 4. A drainage report must be submitted by the developer and accepted by the Town Engineer prior to Town approval of a preliminary plat. 5. The final design of all streets and circulation facilities, including the gated access and emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of the final plat. 6. The maximum number of residential lots shall not exceed 178. 7. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 8. The property is within the intended water service area of the Town of Marana. Prior to approval of the preliminary plat, the Developer will submit a Water Infrastructure and Phasing Plan (WIP), identifying water use, fire flow requirements, and all major on -site and off -site water facilities needed to serve the development, including but not limited to, Marana Ordinance No. 2014 -024 -2- 9/25/2014 12:16 PM BDV /FJC well source, reservoir, and booster station infrastructure. This plan will be the basis for a Water Service Agreement for the project. 9. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer /landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the developer and accepted by the wastewater provider prior to the approval of any final plat or development plan. 11. Prior to the issuance of any grading permits for this project, evidence shall be submitted to the Town that all federal permit regulations have been met through the Army Corps of Engineers and the State Historic Preservation Office. 12. Prior to the issuance of any grading permits for this project, evidence shall be submitted to the Town that a 100 percent area survey has been completed by a qualified wildlife biologist for the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site shall be relocated at the expense of the developer. 13. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Lazy K Bar Ranch Specific Plan in accordance with the requirements defined in the Land Development Code. 14. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving the Lazy K Bar Specific Plan, the applicant shall provide the Planning Department with the following: one non -bound original; twelve bound copies; and, ten electronic copies on CD in PDF format. Section 6. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 th day of October, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2014 -024 -3- 9/25/2014 12:16 PM BDV /FJC N0. 475 -- 5536523 EXHIBIT " A " PARCEL NO. 1: THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A DISTANCE OF 2643.15 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, 113.27 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3713.20 FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS A DISTANCE OF 192.40 FEET, AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42 FEET TO THE POINT OF BEGINNING ON THE ARC OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 85 DEGREES 10 MINUTES 56 SECONDS EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST, 172.88 FEET, AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52 FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF 461.45 FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 497.88 FEET TO A NON - TANGENT LINE; THENCE SOUTH 84 DEGREES 03 MINUTES 26 SECONDS (NEST, A DISTANCE OF 311.38 FEET; THENCE NORTH 84 DEGREES 34 MINUTES 37 SECONDS WEST, A DISTANCE OF 315.23 FEET; THENCE SOUTH 21 DEGREES 59 MINUTES 56 SECONDS WEST, A DISTANCE OF 369.74 FEET; THENCE SOUTH 10 DEGREES 56 MINUTES 46 SECONDS EAST, A DISTANCE OF 393.95 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 731.21 FEET; THENCE NORTH 09 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 459.19 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 09 DEGREES 11 MINUTES 45 SECONDS EAST; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, WITH A CHORD OF NORTH 44 DEGREES 35 MINUTES 38 SECONDS NEST, A DISTANCE OF 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC DISTANCE OF 285.90 FEET TO A POINT OF TANGENCY; No. 475 - 5536523 THENCE NORTH 18 DEGREES 00 MINUTES 29 SECONDS EAST, A DISTANCE OF 138.16 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 565.13 FEET, WITH A CHORD OF NORTH 01 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 169.64 FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 170.29 FEET TO A NON - TANGENT LINE; THENCE SOUTH 69 DEGREES 34 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.00 FEET; THENCE NORTH 44 DEGREES 35 MINUTES 41 SECONDS EAST, A DISTANCE OF 236.71 FEET; THENCE NORTH 15 DEGREES 44 MINUTES 50 SECONDS EAST, A DISTANCE OF 352.34 FEET; THENCE SOUTH 74 DEGREES 15 MINUTES 10 SECONDS EAST, A DISTANCE OF 113.22 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 311.26 FEET, WITH A CHORD OF NORTH 88 DEGREES 17 MINUTES 59 SECONDS EAST, A DISTANCE OF 186.65 FEET, AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1157.33 FEET, WITH A CHORD OF NORTH 83 DEGREES 11 MINUTES 23 SECONDS EAST, A DISTANCE OF 494.57 FEET, AND A CENTRAL ANGLE OF 24 DEGREES 44 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF 498.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 84 DEGREES 28 MINUTES 22 SECONDS EAST, A DISTANCE OF 158.24 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 3713.20 FEET, WITH A CHORD OF 85 DEGREES 48 MINUTES 11 SECONDS EAST, A DISTANCE OF 172.39 FEET, AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41 FEET TO THE POINT OF BEGINNING. Pa RCEL NO, 2 AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY. THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, BEING A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ONE EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST 2,643.15 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST 113.27 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3 1 713.20 FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS WEST 192.40 FEET, AND A No. 475 - 5536523 CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42 FEET TO A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH, SAID POINT BEING KNOWN AS "POINT 2094 "; THENCE CONTINUE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3,713.20 FEET, WITH A CHORD OF NORTH 85 DEGREES 48 MINUTES 11 SECONDS WEST 172.39 FEET, AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41 FEET TO A POINT OF TANGENCY; THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS (NEST 158.24 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1 FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS WEST 494.57 FEET, AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF 498.42 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26 FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST 186.65 FEET, AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57 FEET TO A POINT OF TANGENCY; THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS WEST 227.65 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 590.48 FEET, WITH A CHORD OF NORTH 81 DEGREES 58 MINUTES 25 SECONDS WEST 158.55 FEET, AND A CENTRAL ANGLE OF 15 DEGREES 26 MINUTES 29 SECONDS FOR AN ARC DISTANCE OF 159.03 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 41 MINUTES 39 SECONDS WEST 109.07 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 330.00 FEET, WITH A CHORD OF NORTH 81 DEGREES 53 MINUTES 15 SECONDS VILEST 89.65 FEET, AND A CENTRAL ANGLE OF 15 DEGREES 36 MINUTES 48 SECONDS FOR AN ARC DISTANCE OF 89.93 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 73 DEGREES 52 MINUTES 07 SECONDS EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 200.40 FEET, WITH A CHORD OF SOUTH 31 DEGREES 15 MINUTES 47 SECONDS VILEST 104.42 FEET, AND A CENTRAL ANGLE OF 30 DEGREES 15 MINUTES 49 SECONDS FOR AN ARC DISTANCE OF 145.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 46 DEGREES 23 MINUTES 42 SECONDS (NEST 113.76 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 142.30 FEET, WITH A CHORD OF SOUTH 19 DEGREES 34 MINUTES 09 SECONDS WEST 128.43 FEET, AND A CENTRAL ANGLE OF 53 DEGREES 39 MINUTES 05 SECONDS FOR AN ARC DISTANCE OF 133.25 FEET TO A POINT OF TANGENCY; THENCE SOUTH 07 DEGREES 15 MINUTES 23 SECONDS EAST 151.24 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; No. 475 - 5536523 THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13 FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST 169.64 FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 170.29 FEET TO A POINT OF TANGENCY; THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST 138.16 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC DISTANCE OF 285.90 FEET TO THE POINT OF TERMINATION ON A NON- TANGENT LINE; THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE POINTS; TOGETHER WITH A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT SAID "POINT 2094 ", SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 85 DEGREES 10 MINUTES 56 SECONDS EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST 172.88 FEET, AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52 FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS (NEST 461.45 FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 497.88 FEET TO THE POINT OF TERMINATION ON A NON- TANGENT LINE; THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE POINTS. PARCEL n!O. 3: THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A DISTANCE OF 2,643.15 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS (NEST, 30.00 FEET TO THE POINT OF BEGINNING ON A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 06 MINUTES 08 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1305.29 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS TEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1,250.00 FEET; No. 475 - 5536523 THENCE NORTH 10 DEGREES 56 MINUTES 46 SECONDS WEST, A DISTANCE OF 393.95 FEET; THENCE NORTH 21 DEGREES 59 MINUTES 56 SECONDS EAST, A DISTANCE OF 369.74 FEET; THENCE SOUTH 84 DEGREES 34 MINUTES 37 SECONDS EAST, A DISTANCE OF 315.23 FEET; THENCE NORTH 84 DEGREES 03 MINUTES 26 SECONDS EAST, A DISTANCE OF 311.38 FEET TO A POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 72 DEGREES 20 MINUTES 01 SECONDS WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 371.52 FEET, WITH A CHORD OF NORTH 20 DEGREES 43 MINUTES 32 SECONDS EAST, A DISTANCE OF 461.45 FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 497.88 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 189.43 FEET, WITH A CHORD OF NORTH 31 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF 172.88 FEET AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTH, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 02 DEGREES 52 MINUTES 01 SECONDS WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 3 FEET, WITH A CHORD OF SOUTH 88 DEGREES 37 MINUTES 04 SECONDS EAST, A DISTANCE OF 192.40 FEET AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AND ARC DISTANCE OF 192.42 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, A DISTANCE OF 113.27 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA. ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND LYING WITHIN AND SOUTHERLY OF THE NORTH LINE, OF THE PARCEL OF LAND CONVEYED TO RANCHO MANANA WEST, LLC, AN ARIZONA LIMITED LIABILITY COMPANY IN SPECIAL WARRANTY DEED RECORDED AS DOCKET 13044, PAGE 3720, RECORDS OF PIMA COUNTY, ARIZONA. SAID NORTH LINE TO BE EXTENDED OR SHORTENED AT TO TERMINATE ON THE WESTERLY AND EASTERLY BOUNDARY LINES OF SAID LAND ABOVE DESCRIBED. TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE CONTIGUOUS TO THE EAST LINE OF THE ABOVE DESCRIBED PROPERTY, AS SET FORTH IN DEED OF ABANDONMENT FROM THE TOWN OF MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS OF PIMA COUNTY, ARIZONA. PARCEL NO. 4: THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A DISTANCE OF 2,643.15 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; No. 475 -5 53 6523 THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, A DISTANCE OF 113.27 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3 FEET, WITH A CHORD OF NORTH 87 DEGREES 17 MINUTES 15 SECONDS WEST, A DISTANCE OF 364.68 FEET AND A CENTRAL ANGLE OF 05 DEGREES 37 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF 364.83 FEET TO A POINT OF TANGENCY; THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS WEST, A DISTANCE OF 158.24 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1 FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS WEST, A DISTANCE OF 494.57 FEET AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF 498.42 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26 FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST, A DISTANCE OF 186.65 FEET, AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57 FEET TO A POINT OF TANGENCY; THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS WEST, A DISTANCE OF 113.22 FEET; THENCE SOUTH 15 DEGREES 44 MINUTES 50 SECONDS WEST, A DISTANCE OF 352.34 FEET; THENCE SOUTH 44 DEGREES 35 MINUTES 41 SECONDS WEST, A DISTANCE OF 236.71 FEET; THENCE NORTH 69 DEGREES 34 MINUTES 40 SECONDS NEST, A DISTANCE OF 388.00 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF NORTH 82 DECREES 44 MINUTES 37 SECONDS EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13 FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST, A DISTANCE OF 169.64 FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 1 701 7A T Trl A Df1TKIT nrZ TA Alr Pl\[f'V- ir v.t✓ FFE. v vi.l■ 1 vl 1ll1YJLIYL.l, THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST, A DISTANCE OF 138.16 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST, A DISTANCE OF 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC DISTANCE OF 285.90 FEET TO A NON- TANGENT LINE; THENCE SOUTH 09 DEGREES 26 MINUTES 54 SECONDS (NEST, A DISTANCE OF 459.19 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SEM 2q; THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 630.64 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 04 MINUTES 13 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 1,308.33 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 29; THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF THE No. 475- 5536523 NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 1,317.92 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 89 DEGREES 57 MINUTES 34 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 2,618.54 FEET TO A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 05 MINUTES 54 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1,321.61 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE AS SET FORTH IN DEED OF ABANDONMENT FROM THE TOWN OF MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS OF PIMA COUNTY, ARIZONA. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA. WHEN RECORDED, RETURN TO: Marana Town Clerk 11555 West Civic Center Drive Marana, Arizona 85653 LAZY K BAR RANCH DEVELOPMENT AGREEMENT TOWN OF MARANA,, ARIZONA THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and LKB RANCH, LLC, an Arizona limited liability company ("TKB Ranch" LKB HOTEL, LLC, an Arizona limited liability company ("TKB Hotel"), and LKB RETAINED LAND, LLC (""LKBRL"), an Arizona limited liability company. LKB Ranch, LKB Hotel, and LKBRL are collectively referred to as the "Owner." The Town and the Owner are sometimes collectively referred to as the "Parties," either one of which is sometimes individually referred to as a "Party." RECITALS A. LKB Ranch is the current owner of a parcel of land bearing Pima County Assessor's parcel number 221- 22 -013E and referred to in this Agreement as the "Ranch Parcel," described as Parcels 2, 5, 6, and 7 in Exhibit A to this Agreement. LKB Hotel is the current owner of a parcel of land bearing Pima County Assessor's parcel number 221- 22 -013B and referred to in this Agreement as the "Hotel Parcel," described as Parcel 1 in Exhibit A to this Agreement. LKBRL is the current owner of parcels of land bearing Pima County Assessor's parcel numbers 221- 22 -013F and 221- 22 -013G and referred to in this Agreement together as the "LKBRL Parcel," described as Parcel 3 in Exhibit A to this Agreement. The Ranch Parcel, the Hotel Parcel and the LKBRL Parcel are referred to in this Agreement collectively as the "Owner's Land." The Owner's Land is located west of the Scenic Drive alignment and its intersection with Pima Farms Road. B. The Owner's Land is the Project Site depicted in the Lazy K Bar Ranch Specific Plan adopted by Town of Marana Ordinance No. 2014. C. The Parties anticipate that the Owner will develop the Owner's Land into a project containing a residential subdivision containing 178 lots and other uses consistent with the Lazy K Bar Ranch Specific Plan and this Agreement (the "'Development"). D. In connection with the Development, the Town has requested the Owner to construct an extension of Scenic Drive on and off -site of Owner's Land from a point 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM - 1 - approximately 400 feet south of Silverbell Road to the intersection of Pima Farms Road, as depicted on Exhibit B to this Agreement. The Owner is willing to dedicate a portion of the Owner's Land (the "New Right -of -Way" legally described in Exhibit C to this Agreement) and to construct the extension of Scenic Drive and related infrastructure improvements on the terms and conditions set forth in this Agreement. The improvements are referred to in this Agreement as the "Scenic Drive Improvements" and are described in Exhibit D to this Agreement, which also includes additional terms and conditions concerning the Scenic Drive Improvements. E. The Development is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9 -461). F. The Development is in compliance with the Lazy K Bar Ranch Specific Plan. G. The Town is authorized by A.R.S. § 9- 500.05 to enter into a development agreement with a landowner or other person or entity having an interest in real property located within the Town to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. H. The Town has determined that the reopening of Scenic Drive is in the best interest of the region and will enhance circulation for the broader community. I. Reopening Scenic Drive will benefit the Development and enhance overall traffic circulation within the area. J. The Town entered into a Pre - Annexation and Development Agreement with LKB, L.L.C., an Arizona limited liability company, recorded in the office of the Recorder of Pima County, Arizona, on November 29, 2001, at Docket 11685, Page 3367 (the "2001 PADA "). K. The land area covered by the 2001 PADA included all of the Owner's Land which is the subject of this Agreement, plus some additional land not included in this Agreement. L. As it applies to the Owner's Land, the Parties intend to terminate, supersede, and replace the 2001 PADA with this Agreement except as specifically provided in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Agreement as though fully restated here, and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Term. This Agreement shall become effective upon the later of its execution by all the Parties and the effective date of the Town Council ordinance approving this Agreement (the "Effective Date ") . The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the 15th 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -2- anniversary of the Effective Date. The Town's reimbursement obligations under paragraph 10 below shall terminate when the Town has reimbursed the Owner for all of the Town's Share of Public Improvement Costs or on the 15th anniversary of the Effective Date, whichever occurs first. 2. Construction of Scenic Drive Improvements. As a condition of the Town's approval of the Development, and not as a separate legal obligation, the Owner must substantially complete construction of the Scenic Drive Improvements before seeking occupancy of any structure authorized by the Lazy K Bar Ranch Specific Plan other than model homes. Model home lots may not be sold until they have been released from subdivision assurances. 3. Dedication of right -of -way; maintenance. The Owner shall dedicate the New Right -of- Way to the Town upon completion of the Scenic Drive Improvements or as part of the final plat for the Development, whichever occurs first. Once the Scenic Drive Improvements are completed by the Owner and accepted by the Town, and the warranty has expired, the Town shall have full maintenance responsibility for the Scenic Drive Improvements. In exchange for and concurrently with the Owner's dedication of the New Right -of -Way to the Town, the Town shall abandon to the Owner pursuant to A.R.S. § 28 -7203 the portion of the cul -de -sac bulb of right -of -way near the northeast corner of the Owner's Land that lies outside the 60 -foot public right -of -way, as described and depicted in Exhibit E to this Agreement. 4. Definitions. The following definitions shall apply to this Agreement: (A) "Construction Sales Tax Revenues" mean those portions of the Town's transaction privilege taxes (currently 4 %) generated pursuant to Section 8 -415 or 8 -416 of the Marana Tax Code (or corresponding sections of successor codes) from construction contracting or speculative builder activities occurring as part of the Development (including but not limited to the construction of the Scenic Drive Improvements). (B) "Development" is defined in recital C above. (C) "Development Regulations" is defined in paragraph 5 below. (D) "Owner's Land" is defined in recital A above. (E) "Public Improvement Costs" means all costs, expenses, fees, transaction privilege taxes and charges actually incurred and paid by or on behalf of the Owner to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, construction, installation, or provision of the Scenic Drive Improvements and warranting them for one year after completion. 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -3- (F) "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments. (G) "Reimbursement Payments" is defined in paragraph 10 below. (H) "Scenic Drive Improvements" is defined in recital D above and described in Exhibit D to this Agreement. (I) "Town's Share of Public Improvement Costs" means 40% of all Public Improvement Costs. 5. Development regulations. The Development shall be governed by the Lazy K Bar Ranch Specific Plan. The Marana Land Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code ") in effect on the Effective Date shall apply to the extent not covered by the Lazy K Bar Ranch Specific Plan or this Agreement. The requirements of this paragraph are collectively referred to as the "Development Regulations." In the event of any express conflict, (A) The Lazy K Bar Ranch Specific Plan shall control over the terms of the Marana Development Code on all matters; (B) The Lazy K Bar Ranch Specific Plan and the Marana Development Code shall control over the terms of this Agreement as to any zoning or other legislative matter; and (C) This Agreement shall control over the terms of the Lazy K Bar Ranch Specific Plan and the Marana Development Code as to any administrative or procedural matter. 6. Development review. The Development shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Development. Upon the Owner's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner. 7. Public improvements construction and reimbursement. As a condition precedent to receiving Reimbursement Payments under paragraph 10 of this Agreement, and not as a separate contractual obligation, the Owner shall, in conjunction with its construction of the Development and in accordance with the State of Arizona and the Town public infrastructure construction procurement laws and procedures: (A) Design and construct the Scenic Drive Improvements; and (B) Pay all Public Improvement Costs as they become due. 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -4- 8. Reimbursement amount. The Town shall make Reimbursement Payments to the Owner for the Town's Share of Public Improvement Costs pursuant to paragraph 10 below. The Owner shall submit to the Town quarterly statements showing the actual Public Improvement Costs incurred and paid to date for the Scenic Drive Improvements. Quarterly statements shall be provided until the total amount of all Reimbursement Payments to the Owner equals the Town's Share of Public Improvement Costs, when the Owner shall provide a final statement to the Town within 60 days. The Owner shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Owner's quarterly statement of costs and contributions or credits. 9. Reimbursement account. The Town shall deposit the Construction Sales Tax Revenues into the Reimbursement Account as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Development and ending upon the expiration of this Agreement. Funds in the Reimbursement Account shall be reimbursed to the Owner pursuant to paragraph 10 below. 10. Reimbursement payments. The Town shall pay the Owner within the first 30 days of each calendar quarter the lesser of (i) the Town's Share of Public Improvement Costs and (ii) all funds in the Reimbursement Account (""Reimbursement Payments ") . Reimbursement Payments shall begin the first calendar quarter after all of the following have occurred: (a) the Owner has incurred Public Improvement Costs for the Scenic Drive Improvements; (b) the Owner has submitted the first quarterly statement pursuant to paragraph 8 above; and the Town has received Construction Sales Tax Revenues generated by the Development. Any funds accrued in the Reimbursement Account and owed to the Owner for the Town's Share of Public improvement Costs but not yet disbursed to the Owner upon the expiration of this Agreement shall be paid to the Owner within 30 days after the expiration of this Agreement. 11. Owner audit. Not more than once each calendar year, the Owner may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. The Owner audit authorized by this paragraph shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. Before the Owner audit occurs, the Owner shall obtain and provide to the Town written waivers of confidentiality sufficient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose sales tax returns and other financial records are provided by the Town in connection with the audit. 12. Annual report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner a report of all Construction Sales Tax Revenues generated by or attributable to the Development which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. The report shall 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -5- be restricted to information that may be released by the Town without violating applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. The report will not contain information capable of identifying confidential information of any particular taxpayer unless and until the Owner has obtained and provided to the Town written waivers of confidentiality sufficient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose confidential information is revealed in the report. 13. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of the Owner under this Agreement, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 14. Contractor and subcontractor disaggregation of tax information for the Development; re- lease of tax information. The Owner shall require each contractor and subcontractor re- sponsible for the payment of construction sales tax for work attributable to the Devel- opment to separately report construction sales tax attributable to the Development. The Owner shall exercise reasonable efforts to obtain from each contractor and subcontrac- tor doing work attributable to the Development a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reasonable estimate of the Construction Sales Tax Revenues derived from the Development based on all in- formation available to the Town, including information provided by the Owner, and the good faith certification by the Town's Finance Director shall be considered final and binding upon the Owner. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. 15. Permit and review fee waiver. The Town will waive 40 % of all plan review fees and inspection and construction permit fees for the Scenic Drive Improvements. 16. Town review and approval of plans. Except as expressly provided in this Agreement, the development and construction of the Scenic Drive Improvements is subject to the Town's normal plan submittal, review and approval procedures and construction inspection requirements. 17. Development impact fees. Nothing in this Agreement shall be construed as a waiver or reduction of development impact fees properly adopted by the Town pursuant to A.R.S. § 9- 463.05 and applicable to the Development. 18. Public trail dedication. When there is a public trail easement on the adjacent property located west of the Owner's Land that connects to the Owner's Land, the Owner shall grant to the Town a permanent public trail easement in the designated open space in close proximity to the north boundary of the Owner's Land, extending from the east property boundary to the west property boundary of the Owner's Land. This trail easement shall generally follow the existing trail alignment to the extent it is 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -6- proximate to the northern boundary of the Owner's Land and complies with the design goals set forth in this paragraph. The easement shall be the minimum width necessary for the Town to construct and maintain a sustainable public trail, as reasonably determined by the Town of Marana Parks and Recreation Department, but in any event not wider than 30 feet (except by the Owner's consent) . To the greatest extent reasonably possible, the grade and layout of the trail shall be designed so that water generally runs across the tread rather than down the tread. Based on direction and feedback provided by the Town of Marana Parks and Recreation Department, the Owner shall identify and reserve the easement on the subdivision plat for the Development. The trail easement shall be granted after the Town constructs the trail and the constructed trail alignment is legally described to the Parties' satisfaction based on survey or Global Positioning System equipment. 19. Effect on the 2001 PADA. This Agreement terminates, supersedes, and replaces the 2001 PADA as it applies to the Owner's Land except as follows: (A) The provisions of subparagraph 3.2, relating to the oversizing of Town public water facilities, shall continue to apply to the Owner's Land. (B) The Owner may continue to use the existing wells on the Owner's Land referred to in Section 6 of the PADA for construction and irrigation water until completion of the development of the Owner's Land. 20. Cooperation and alternative dispute resolution. (A) Appointment of representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Owner each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner. The initial representative for the Town (the "Town Representative") shall be the Town Manager, and the initial representative for the Owner shall be James Shiner or a replacement to be selected by the Owner. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties and the Development. (B) Non - performance; remedies. If either Party does not perform under this Agreement (the "Non - Performing Party ") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party ") shall be entitled to give written notice in the manner prescribed in paragraph 21 below to the Non - Performing Party, which notice shall state the nature of the non - performance claimed and make demand that such non - performance be corrected. The Non- Performing Party shall then have (i) 15 days from the date of the notice within which to correct the non - performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non - performance if action other than the payment of money is reasonably required, or if the non - monetary non - performance cannot reasonably be cured within 30 days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within 30 days and thereafter diligently prosecuted to 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -7- completion. If any non - performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the property to its condition prior to Owner's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non- performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. (C) Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a 45 -day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by the Owner and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Owner shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. (D) Arbitration. After mediation, as provided for in this paragraph 16, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. 21. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -8- If to the Town: TOWN OF MARANA 11555 W. Civic Center Drive, Bldg. A3 Marana, Arizona 85653 -7006 Telephone: (520) 382 -1900 Fax: (520) 382 -1901 If to the OWNER: LKB HOTEL, LLC LKB RANCH, LLC LKB RETAINED LAND, LLC 4224 East Playa de Coronado Tucson, Arizona 85718 Attn: James Shiner Telephone: (520) 907 -6436 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 22. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -9- (E) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (F) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that (i) upon the conveyance of all of the Owner's Land to a single grantee, the grantor shall automatically be released from any further obligation or liability under this Agreement and this Agreement shall thereafter bind the grantee; and (ii) in no event shall this Agreement be binding on or burden the property of a purchaser of a home in the Development. (G) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE ""TOWN"": TOWN OF MARANA, an Arizona municipal corporation 0 Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The ""OWNER"": LKB RANCH, LLC, an Arizona limited liability company 0 James Shiner, Manager Date: LKB HOTEL, LLC, an Arizona limited liability company James Shiner, Manager Date: LKB RETAINED LAND, LLC, an Arizona limited liability company James Shiner, Manager Date: 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -10- State of Arizona ) ss County of Pima ) The foregoing instrument was acknowledged before me on by James Shiner, Manager of LKB Ranch, LLC, LKB Hotel, LLC and LKB Retained Land, LLC, each an Arizona limited liability company, on behalf of the LLCs. (Seal) Notary Public LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E 100039097.DOCX / 51 Legal Description of the "Owner's Land" Depiction of Area of Extension of Scenic Drive and Typical Roadway Sections Legal Description of New Right -of -Way to be Dedicated to Town Description of and Specifications for Scenic Drive Improvements Legal Description and Depiction of Right -of -Way to be Abandoned by the Town LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM - 11 - EXHIBIT A Legal Description of the "Owner's Land" "l . C or n mitre n t fo r Tit a Insu rance . tea FIRST AMERICAN TITLE INSURANCE COMP MY Exh ibit Fie Na: -7410171 OA LEGAL DES CRIETI ON 93 MC @1 1 f HOW I PSFQ IQ T[kEt i(M of tha Wept Flan i-;] o f SecUon 29. Township 1 SO - 1 ), Unga 12 East G 1 I an d Salt RIYD Mme, Pima u rrty, Adm& d cr1G as ro II m: {' rmmwn,g at tlt& Gmiar Gr saki secbcm n, fr n said ant Lha North On u arfar (N �,�, owner or said Q a r41on 23 bWS N 00 (11" IP5 FN nubs 54 a @c*nW Fast a dlataroce or 2.c43. 1 � r9o 1` ThDnc� J mft 85 6?grea 53 mInubes 59 !eoonda We -at- a cl stanc� o" 5).)c rDot ThenC a SOUCh 11:9 d egrai�a 53 mMW @e 52 SOCCM(Iff W He 113 - 27 F eet 10 a poln- of cu rv-La to r� or a tangen LUr 6 Caf WCSW - 0 -ha :Nod Th u W -er1y aft tfm arc or mid CI,r „ fa 1ha r1ghL ftMnig a rac lug o r 9 . .112C bee wHh a Dhord of Forth 80 gra-e :37 minutee 04 aeDuM Wewt 1 .0 F800t, W 3 n'�ra I ang13 or C2 dagrms L 5 rni n ulea 09 awo-nds ror an a M d letanKa or 1:52.42 root ID the PENT OE B EGNWING on -he arL, V 3 non t :-UrYa c ve to th D N Drthw a rad ial line GF as Id eww throUgh said p DMt ha - -ii ng a GO ;ring o' S m - h .B5 dq roes 10 mlinutm SG as N(>nda Eaa-; Thenm Sortftmtarly a lon d -he arc or aw d cam, to the rl - h -, hav a rG-U I UD o 1 69. 43 rm - 1, with a - .lord *f South 31 de gr8eS 58 m i nUtK CA e X MCIS WMt 172.011 rest -and a 2entr31 ;3ng i V �= d-o - r�&3 - 16 rn In utee Oh aecanM for an a r-c Mstance or 179.53 fiat to a pV nt O F MYDraa Du rra- Of 3 1:3 ours 9 c Dn.oawa to th a Eaa ThAMCS Southerly 31 *ng the arc of mid -cUrYa, to the Iert Mewl ng a radlUe or 3 7 1.52 fH1, with a c nura o�r mouth 20 d9greee 43 m In utee 32 so-conda VY 461.45 rat, a nil a c*n a n -1 of n d r ace 47 m Inut C3 aacon for an arc dhb or -va7 ,n rest to a non- Ung$nt li ne; Thence South 84 degrew 03 minut -B$ 2G: conda Went a Matance or n us reet; Tnernca North 8A de grege 34 minutes -37 second-s West, a distan o 31 -23 Th -South 21 deg :59 m inutes W s -)cz- da W nL a dllstana�e of M5.74 Titencm South 10 Oe ere ee 1% m l n urtM All; 800 0C69 E ast .3 -dIeton -ce al 35.95 feet to bW sou th I I no gr the N mrth Or a -Half I N %) O F the Southwest One (SW -.%:,� of aald Z 3eai 25; Thence ScutM $9 clegreee 58 minutes 25 we :nda Wnt. along sal au South II nil, a dlatance of 731.21 feet Then North 05 dWre88 2G mi n utis 54 mc3Dn ERS , 455.13 fi ef 1,0 3 pCl nt. *n - he-a rc V ,3 non cu e cave to the "orbe3at a rad lal I Ina or *alb cunm th roUgh a a id point h3wln9 a Da a ring DT South N dgy 11 minUtaa 45 aa-uonde Eaat; Thenc* Wes - N orth e rly a l o ng th arc w azm curare to the r1 ht M a radl 150.-DO 1' t, with a. "Chord Of Forth deem :35 nnimuta� M a &conde Feet 2 44.54 rya and a antral angle o 1{r9 dagr 1 mi nutes 15 seconm fo an am cutatnte o 2$s. - ad res tG .e pmt a? to n @r; =sht l -k 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -12- Fl No .: - 70 Exhibit A Conti n u ad � ThSnW Narth 10 dagnHS 00 minutiea 2 aa-conde East a ilIeta nce of 1 M.1 @ feat to a point or curva re o a 1anpeflt ou rwe c*nmve to the W t Timm rw rtft -a in 9 a r or saI cu to me 1erk h nq a ra dl u s of W5.13 f &o with ar Ghor[. o N * h1 deW e$e 22 minutes 33 a x :ends East 16:9.@I fee-, and a @central angle or 17 dogr$a-s 15 ml rwrt�a 52 as - onde fir an .arc d9tanc* or 17G -2:5 r9ei 10 3 n , m- , m li ne; Timm -South 95 degrees 34 m inubs 4�u con _3st 3.88.100 ra6 T1wr1m NorM " illegnies 35 min AN III :9$conds East 236.71 % &t: Thar m North 1-5 degree 44 min u #Dca M aeconde Eger 352.34 %0; 17mm !%cmlti 74. *o greoe 15 minutes 10 :aewnde East. 113 -22 feet to a point of curvature of a tainMnl cUirva CmrAVe ID pia North: Timm Eastairly skm the err. *f aald curve, to the 1 Drt. hGfoing a rad w GF:3 11.2G fee# with a chor GF wGrft S E1. de 17 rninulw 159 a nds East INA5 I'Ht. and a ca n-ral ,angle *F34 dBgmm 53 mkutn for .e am Ma tanca o 1 - 57 re eitt to .3 poi n! *f rqv° rsa nurva-ura or 3 tafoant mmve umem to tine - h; Ttmm Easter along kha arc or saki a u r e. to the right, hays n d a radl ua *� 1,157.33 +a ek a chaird of We � h ;03 &W wa 11 m l a ut�ee 23 B*can E 434.57 %K an d a c g an d le or 2A dag reois 4A m lmtm 30 s di W sin we d kata n c* of 439 A 2 re et to a pal n t o f to n qm nay.. Tim m soh 44 dognae a 2 it mlriutE* 2-2 aecmde Ea s a " tnan ce or 1 5 &24 r D et to a Int o cu r -eatu r� I3 a to n p m I etwn mow& to the W orth; TMm Eaptei ly Mxkg the a re olr eA d airye tD iii Ier, having a radI u � Gf 1 3 -2 a faat with a a ho o; S of h ;05 dagen 44 minutm 11 sewaW 1 72.35 and a lien -ral aregia of 02 de9f�ea 35 minutes 37 ae-Wn= ror an a rc d aten mGir 1 72.s 1 1'e4t to tie PD I W T 0 F B EGINN JJV. :BGI arCel 2 TINt "Gin Uf th W n t ri a If ' %] Of S H UM 2 TO wn e h I p 12 SGUth, Ran p a 12 Ea St G83 and Safi R I W r McMM, Pima CounLy, Arizon d 1G as rallowa: C me i ng St M& Ganmr 0? sad Sec tlon , fern paid p 4nt the Iorth Ors uartar Y4 cr Ew of %alld 5 28 d•aara W UM 0a d" rW$ 05 m n utoa 54 ea Mnda We St a dke torPC 9 0 r 2.G4:3. 15 reetr Tlmm forth 85 dqrem 53 m inutes 0 aaoo W mL a dliatan ar 30. t t3 kh P OF BEGI " Tim sGuth a reea mmee 5 aeican wem 113.27 mt t3 a pmt o:r ou rrato re o a tan gent c CmC-e Y4e I die hl ortinc Thoiae W6calmly WwV the a or sa id m m. la th e r1gh., h a radl o r 3-.7 3m n ett. wIth a chaM o f North 87 d6g 17 minutm 15 a an& We st WAGO MR. an 3 cDn-r an d or a5 dagr a 37 rN nutsia 4& ae•conda for an sm dl :rim at 394.E fee to a poi nt of tanp Th "oft a4 dogrece 28 r ninutips 22 e&conda Weat 150.24 fe to a po l in t aF ewwahms or a hnV efd curva conc3ve to the South; EAUA lk 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -13- Fi Na: 7001 Exhibit A �Gonti n Twnm wea arlyr alo the .arc a r Said ru rare. to th I erk havi .3 r adius o 1,157.3M a ohy o " SOU111 in dq1ieea.11 rn In utee 23 secon[le 'Feet 41.57 reef a nil a centra a nip-B of 24 degrwe 40 rn I nulea 13 ae vonbs for an we dista or 4 , 30 t2 root to a pd nt o f rreyere c o r a ta ngent o u rwe m wave t t h e Nosh; 7hen Westari a * n d th a arc o' as Id c t3 th ri h av i ng a ram ue of 311 .2G fa$t. with a cimfd of S ourth U d rsea 1 rn In u1ea 5:5 sewnrla '0eeF 1 -G5 rest an d a central of 34 degra�ee 53 rn Inu tee: 43 ncto for 3n a re mitance or -, 5 5.5 7 r to a jpot of b&pn Th enc 3 Forth 74 depna ee "S ml n ulcm 1 C •second$ W t 11:3-22 feat Th Bnm Sauth 15 degreae m Inuto:3 50 seammilm West 352.34 not Th ancm Sofftlh 44 d"ra em 35 nm lnu Os 41 s3c *n a West .7'1 fad Th once 1' 1 G9 d egfe6m :34 mImi i 0 sac *n n •fires" 3118.0G fe ed tG a post oD th 9 m cl a nGm - t c u Fy a �onC 3'• "B `o th a Wast a T-8dW ®na or said curt .hrou h eald point h m bmMing of NoM M de minutes 1 37 so-con Eat; Th enc 3 S o0herll Glong -he 3r•o o r said �un a, to the Fight, having a rad lLm -DI 3&13 feet- with a -chord of S Guth 3 - 1 did r3ea 22 m In ulae seconds 149 e . 1x.64 mat ad a c*ntrar a ngle of 17 di3 reee 1:5 rn Inutee 52 aewnde for an a distance or 1 -25 1`3 to 3 ,p•nhnit of t en Th nc* South 10 diag 00 °rnlnurbBs 25 ae Don de 'Feat 1 U.1 G feet to a p•nllrit Q? icurvwhure of a tanwnt -Urva. cave to the hlortw t; Therim Southerly and Easterly along the arc of eald cme, -o th a 13rt. having a radl ua or , :5a. @o f t with a cncrd of South 44 dame" :35 minutK 3 seconde East. 244.5 =_ 'a-at, and a centra angl-e of 10 dagr a 12 mi 15 seconds fof an are aetan -ce or 285.130 r et to a non li ne; Tt*nm South 09 r°e•es: 2@ rn Inut a 64 sacm ft met 459.1 r t t th S cu th I In c l th North C ne -H 31, 1; ♦ j ] o r th 5 mt1m emt On ry ear � w - �4 o r a aI ; D ot! D n ; Thin South 85 deyeea M Tilnut�ee 2.5 escar�ds Wmt, al��p a aid Sou-h line. 18 -e rice, or 630.64 rat to the W e ek I I ne of s a Id S Gu tip mree t o n e u a rte r r S VV 1 x°'41 Thonc 3 N Drth 00 aogn e. D4 m 13 eecands 'Feat. a aa,ld Wea- I Ina, G dlst3nC3 *f J, 3o. m r3et t the weep on a -Quo rter cornea of eald Sactilcm 25 Thsnc 9 Ho rt1h d0 04 m&KFt&&,23 aKDacis W"t Nofkg Um Ae.at itrra o the hl *r1hw9sl 0n -k4 u ar6 r r,•,%r ♦: +] of as Ib .SgctlDn 25, a diletmeDof 1 ,0 17 -52'reetter the IortM Ie of the SoLith On" all I S jj or -h6 N'rlhM61 Ona -Guartar NNW -��; o a * ld See tim 29; Thy "orth 85 -f reel 57 mina 43 sec cm de, EmL aierg said Nofth [fie, a dIe a of 2,1; 1 0.54 r3 el -c a I1 30. feeI wes or and para I1 w th the Ea drye of $afd Northw one -Quart � Y Thance South 00 dagrea-s 06 minu7se 54 s&mff ift East, Wong aM parallel line, a distance- of 1, 21.01 fait to the P40INT OF 0EGLNhlMG- EheE'PTPNG TNEREFROM that pr0on mnvaya -o th 3 T corn o �larana In a 3 . rmmled In D�Dcket 12413 at page 35n and corrected In Doc 1312@ at paw' 490, and bei dear ribed as rill *: A porti of that parce deacrlbed In Diet. 1056 az pa �^ 3 � 5, aald poMcm b@Mg In tlo South Reif of th Northymst auarter or said 5mbcn 23, as r ll e: Eh o • :ti 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -14- Exhibit p c*mF*RM at a hr -Gap mzvwy r■ nu nit a tmpw L-S. 121 "22 :st th$ cwkb a? dedd SOC &n 29 fr Dm WIM CM a is ox nAw wfin no tag at tw North GLIB COn Meer 0 :821111 3e3diDn 25 bas H orM OD d6ly Ew a H Fri Inute 54 a de: V168t2(ft bows Of 2 C4&96 remit K ft rpm 05 m h utEm :54 decd W ,WoFkg the M a414awt1h m 1ft BCH a n ■ of a e ld li ect5w 2% s IkMa of 1 ,2 b fie lFgarawtion wl t1ftd I pr a )Gd of the S Gu edV I ilm Dr m id pamat 63 deg era 57 2 G waNmU WEm C NGn p aWd Eaat)� r1y .. a dla GF SC _0D lost W ltd I n bra# Ian wft bia Wye h p ht-ar -ay I Ire of 8 c e n Ic 13 rho k Road P Foawd n ge NaL Z55, nqm rift of P"1 me C TIM C38 NWN& 0 05 • 54 &WANFO WBd SIMI SAd '+ °ems' r1ght -W- 11 F* a dlb n of 1 S5 _ 13 f of =Dn his a r cl a non t cu r� ID th$ M re l 1 I n 9 Dr 24W �d C U FY a th P'� � ran vial d p lnt UM ng a berg of I Gut h 15 MK"m 22 mftitm 22 Wsm C mld p DMt th� Ing they P alnt of Inning wwtarly and W aFftHmtwl y ADo ® Im aFD of ml d CM M, I tn0 OJIFt, nXMg a rMue of 4.5.0 Te6t EM 1 ;angl* or 1 M "grow 40 Ph ut$ 44 sacmda fir a arc dka tmce Gir BEL_7 f Wtt t0 a pal nt Gr rU WGrdd cU rrAura af a tonpUnt aKwe wFwwn W Me Norftwm t Nortwntedy mong me arc o m m tea, to Me iA hem a rmu.a af 2s co fwl and a c9Iltml and of S5 claq mm 0 B nV n ut m 0 a rd:e fw a n a rc die tee Gr 2 & as feet to a p•Anit a c.ap, said pmt t eW rg on th a rllt T-WffV lin Of eel S [* M ID D r1 YK TIMM Ba 00 05 MIN 54 e.Gawvft East aft ® dd W on" Fight-al-way One.. a dMbince of :55.S7 rat W tube P'DI w T OF B EGININING. J4 ADM Peal Tlwt po&cm of the Wait Half fW %] o f 3 n 25, Town 1 S w#h, R 1 Ea (Ald and Salt RIVGF Mme, Plnw *, Arlo Dna, d e a1h eii as 1' DNM*KkCI St bW G Mfiff Gr SM UDtIG M M. TFM M pNnt tha NO[% CNl&0M Orn9r D1' m 3ipc#i�n 25 bom Nw1h OD Oug rma D!S n&n& a .54 e$Drn d8 °fie St a dl8ta of Z _1 Toot h ;059 depr9m 53 mftaea 549s W est, a dlata nm of 30-OD rep# to the PST OF 8EGI oFk a 1I rHb 31 DO % e# West ar an d p maI N l wift Ure East 11 nos or the S outh west Ow mta r (SW %) of m id 5mb" 29; Seth 00 d id G nN nUlee :B@c* Id-a East, a" sW lei Me, a MLLancd Gr 1.AM-25 ray 1 tG th9 !s o1, mrw ar tn9 Marin ar M %] or i w sou unm i c) ne-Qu -bf (sw -q� or eu 1d $ eotlm ; Timm South 0 Wgnm W m 25 momm2a Wmt, a 10 np sa Saffth 11m. s d iataFi ce or 1.Z5CL reet; Thmm N GFIN 1 P de p rme 5G rTg n ut@:B 46a 9 Dm d$ 'Feat 39:3 _;5 5 reetr Thmw hl GFM 21 de prme 5D mftdaca s oda Ead 393. it fi Thmm Sot t11 84 p F&W 34 ICI 11M utsa 37 weNmft Eye e t 3.1, U 3 F&m 5Cr 1 e}:- A i E# F4 - :�f X AL T k Ali & 1 E■hto lk 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -15- Fie NO-.: ­M01710A Exhibit A �Gontl n u �: TWnDe North 04 de rem. 0:3 Minutes 2@ sac wds Ea-:t 311.38 feet 10 3 ptzelnt on the are or a non -tan o ad cuFwa Ca-CaVe to the East a radial [Ina cf!3affl curve throu sal -a - pint havin a tgarin or South 72 de 21) minutes a seconds West 7hence Northef l alon tha me cC said c:,Lwm, to fhe ri havin a r&dl ua UZ71.52 I'mi, wilh a chord *1 Ncqth 20 de 43 minutes 32 mewds East 4:61.4.5 Tcra-. and a c 9,nt'rM A la or TG cle 47 ml n u1EL9 ae r-onds Le far an arc UWtainc* or oir.as feet to a piA nt of ri�vDrse cur va-.ure or a taini curve c*nzava to I he Nort:hwes_.; TWnc* Northsaetwh kwi the arc or said cum, -o -he I �1. re as 511 mil n hs a rues oF 1419.40 lrw� wft a c h 7xrl -r*1 N :3 -1 %a 64 awcmds East 172.6 5 "a-et. a n 3 ow'tall m of 54 de IS nrillinines C-C oft 49 g seconds r*r an arc distance air 1 M.!5:3 me to -a pH� nl m -he 3rc of a mm-tain miya MM w to tie WHft. 3 ,radial Ilna or sa cum ItIvou g h eald ,pint havin a t9a rin o" .5 nth C2 clo 52 minutgs C,'I sg-cormk Was-; n 7h*nc* East" 0x the are cl sailid curie, to tha le'r, havin a racil Lm of 31711:3-21) feet with a c hzem oj S oulh W cle 37 mifides 04 mconds Eset 1:52-" % and a c gntral an or o2 de 50 ml nu tea C:5 36 r.-onda far a in we cl 1:sta n c* DT 132A2 feet to a point of tan g s rtc T*ncm Nam 83 do 55 marw6os -52aeconds Eaet a diatanc* oF 113.27 "t to the POWT OF BEGINNIIN EX-CEPTMG THEREFROM that podkm coniva to Um Tcfiyn or Marana In D m -. rwwdecl W Bmtell 12413 at pa 35113 mmi mrmetiod In Cockat 13120 all pa 4W, and bein deac ribed as rollows: A portk>n of that parcell deacFRood In Occitot 12263 at pa Ual, mid portion b+ln In the North FIMT of the 5 o abhw ast GW ZtGr Ur said Z &cbw 25. m 1c1 : CoTmo-win at °tim Sour ha Dorwr GF the North Haff GF Ith-a SGubhwmt Gwrteir of aald Soction 2:9 ITom wtd-W the c*ntEFr of said SeDtilim 29 Ike North 00 MK "m 09 mlFKFWa 21 ascwM Week -a dl*tan-cf of 13.05.17 root Thence North 00 de DG mAnuf2la 21 aipwrkde West alon the EwkHfl orswd Morbi Ha Ir. a cliatancD cef 4;G.?A- Fad to a point on the me r11 a rw -.-m umvii c to the Mcwltlh. 3 Tadlal line or mid -curve throu eald p<Hnt havi D -a bew-In or sou-h 13 d@ 34 ml n utea Zfl B@omda Emt Thence Westerl alon th 9 sr.-. or sal ] c:urvg, to the rl Dewin .3 ramous or 45.00 %W and a cen-ral 3n of W de SG ml n utmi 33 e x -:-n - 2: "of 3n arc: dl:E.t3nc 9 4 3D_ to a point on the Matgrly A .A 55 Met , rI -wa I Ina of S 1 DrIYEF, Road Fr &d n - 3 h -1, 255, roc 3 or Pima Umink Arlin 3, S 31 pc4n- 31.3o I: A n Me P! Dint I of Be at a point or cam pound :%Lry 3-.ur6 :1 -.a n - Dnt curya oweava iu the Eaal- Then" Northweaterl and Norm eaaterl .he arc or eam Gurva. to the r havin a ra.-aw or 45.oa re et -and a c*nMU an or 125 de 40 rninutes U sgcDn*a Tocir an arc: cliatanoa or 90.71 -res: lo a p<Ant of ravarea curvature or a tan cum c*ni:mr@ to tW Northweet; Then c* Norme3eterl a Io the -arc or %aid cure ID the lail, hffAh Ek ramous oF 25-00 nett -and a cant-ral an of 55 clei C3 minutes 00 a&uoncls "or 3n arc cillstaince cl U09 feet to a pWid of cusp, salt po-In" I: gin *n tha Weets-rl rl I Ina of as Id Sce ni r,- Dri 49'. Thence SGuth OC clo CG iilnutes 21 a-ec*nft East. 31on ft* Wea". r In g, a dl,.st3ncg *T d :55.07 feet to th 3 faint or Be FLI RIHER F—XGEPTI"G THERE FRC M -ha- portion Dlonwq t* iGnicino Mlanam Wei LLC.. an Adzona I Imi-ed Ilatdilt c*m pan b Deed rawrole -d In DocPei 1 33 3t pa pe 5?2D, do!i:cFR*d 28 MDWS: That p-Dr tlon cC t1w North On"aff ? h k: or 1he Southwest C n Bi-Quarter �GW ':..1 or aald Soicklici-ni 29, demo ribed .38 ro,l I 0m: X - 1 ey'--A is 'Xd Pao a 0(z AL T km m r i T --',E E L OLA % 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM - IC- k C - T301 OA Exhibit A �Gonti n uA� *rnme noin at a LrP at Me SoWrwat conrker of eadd North One-Half IN horn sal n. P o I n a B ros i s %^,, 3 P P ed sury y ivimug-onil uR_L3. 12122n at the Nortnaaat c*rner of eaM Southwest Quarter ;S'N "'4: Llapare North 0C de &9s C 5 m lnut6La G6 �woWs Walt 13h5.33 • 'a-at ; Thence tGuth 95 de R rinknulin 25 Eisc*nds Weet, alon th Bi Sou-h IInG of sal J North One-Hal" t H 1 *1 the SiDulhweat One-GLortair (SW %� a cillatmDe GF 3100 feet to a IP uRLS 14145 -at the Point or Be Innin ;3n a llne:30.[W feet ViDeterl or ariid parallel wfih the East i1ne or eald SouthwDstOne--QuartDr: Thenc g wndnue South 85 do H - rqeL3 5 5 ninu-as 25 as -.1onde WeaL -alon Me- S*Lrh line c%,T � 31d North elf IN ♦-� al Lha Southwest Ones u are r a nu Iva nns or 1,1 ".07 feet to a, IP.:�LSA 4145": Thenc* Norh 2-i De ga M� ml n ulcm; 19 aec:onds Vigal -i2oa. M Mist to 3 %" I P - i _S 14 4E .:: Ttmc* Wa4h 21 do 55 ml n uIc-L3 5C •econds Eas" 32 r,.54 feat to a %" IP uRLS 14145" Twc* smb aa, W 21 minubs 37 sDomdazEast 3-3C37 reettoa [sad plu Mi Q:RLS 141 ; T[m cm W erth U da rues DS milbutm 29 :B e w n d s E" X11. G3 T@M to a c' I P L: R US 1 414.5r; T[mcm N 03 cifl 50 rn lnut@e 52 aetonds Esel SWAG fleet ID %r1 IP L:RLSi 1414.5,v on a Ina :X1 .D0 re et We dmil of a n d pa reM 91 wktin e Id East I I n a of S o u t Wily Ent 0 in 9-Ow ific (SW %]; Thmc* !%Guth DO dia OG minuses 08 as--.onde a2d. alon said pmaill1all 1na, .8 cll-wbnc* of W.10 1491 to a 40 nG U (added U �S 1 4145 r10 at a point or nurws- ure of a Lent cure cGincow -to the N GmTweaL ea 0 point balin cm the W*e( line of th* ps rc� Wac r1b ets; In dockwil 1241:3 all p MIKI, Pirm C ount y FtDoorciere 0f3c a-, Pima ODa*, AiUmm; Tumm souftwmtW ation asild Wastgrr ling, alon :.he are W said cmrv&, to the Nht, h ayl L n d a radlua *T 2!5.K fo•ak Wth a shod al' Sou -M 2T U 28 minuleEi 24a9c*FK%Weet ".15-Wet sod a canni an 0:55 da"e as m&mL&a 0@ seconds TGr an are dist3neq or 24-OC M43t IG a fir" IP uRl_� IS342," at a poant or revDrsa ic u ry atu re of Ek to n g o n t carve Dwmmv EF to bw Ea si Them* southwmtarl and southEaet'Ell alDrip MEF 2FD DI Mid M"O, to the IEHft, havinp a radius of 45.0 fee-. with a chord of South 07 de 47 minutee 30 aeminids E 6M5 M*L and an -central anyde or 125 de 40 minutois " mconds ror an arc n.1.3-.ance or 9.0.71 feat tini a %r' IP 11:111-5 153427 on Spant llne 30.00 feet Wmbeq" of and pa ralivi wi". the Esat 11 n B of mid Southwest (M@-(?mFt%r SSW -V,�; Then m Sotti lDD de H minutee 08 second* EaEg, al a mW pars lie I line. a datanim of GG.70 Teat to the Point all'139"ri IJV Arb 101 a "rtion or 100) Parcel 4 Eas&m ute. For lri a and tArties as w Tartin in R x 1proCGI EGacrrm nt and ne " LA g raament recorded In Doc*at 12250 at pa 46H. as afract@cl la Partial "%me rE--,orde--, In DOCVC-t 15 aZ pa - 3 371 & e. Parcel 5 Al th -at pe rson of th Vies te r I y 0 ne A Af d -of j r of 3 c w lic 0W1 we, Road P r oce ad I n 9 m No. 2 5 5ti R 9 cords of Pima Ccunt Arlmna, l ad -cent tD tM Em" Ina GF that p d@90rl ed In DocKat 103M -at p :3!51 a. Rompaia or e-am Pima Count Artma, Uld pWt1Dn Win In the Swth HW a? the Harthmet ,Quarter or Section 29. -Township 12 South, Ran 12 EmC Gila and Bait RW*rMwMNn, Pints Count Airlizona, claserlbad as ro I I aws: -. 0: krA MI 7 Ejh i 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM 17- " I e 1,411 r%'.. 7'D 0 17 10 .0 Exhibit A �Contl n uA� 0wrime-win -at a bra 39 @;3p su rwe monument atam pad L. S. 12122 at the -c&nter of saw SeGUorl 2-,-' rroM Wh IGII a 1%, reL with nce - .a g a the North Quarter coma-r of esld Se-atIon n I" North 00 de 05 minutes 54 aeconds Waot -a ke a nce *T 2&!..'3.G8 feet; Th�nca North D6 cl& 105 m1we 3 54 wconds wmt. sion tne- "oral -South mia-section 11 n � o" so 16r. S D c 11 �-. 2*. a dletanc* ar 11,021.54 Feet -.o lt� Intera&cticin with the Enterl pfoject1on of the southsrl� lln� of �31cl p-areal. eald Intwwotion bein the P %llh T OF 0 EGUYNNYG. Tloenm South 89 d rws 57 ml n urtam 2G n '-,Ivaa�, alon as Id Esa te rl y pr oje ctlion a d Is ta n c* o �J. J C r y e-. tu IntersecAW w1ththe Wes kwarl ftt-o-wa W-3 Df as 1-3 Scanic Drive, 7Wnc3e NGM 01) d6 M minutes 54 a9conicla 'Weed alon as Id Wasta-rr ri 11 ne, -a -mat-Mee of I W-13 IrOd IG a piAid on the arc or -a wn4m curwq c*noavg to He Ncimh, a radis I line cif sadd curve tihirou aid p4ni rwa a beeirma or South 13 cle 9a 22 rnLn Lrea 22asamn vigst ThGnm EmIlKl Ox the arc Df mid uwvD, tG tW lei, hayin 3 radius *T 4:5.0 D TBet and a m*W moo DT 38 69 rTdrlgtGg U W*NVW TOF an BFC dWtMKS Of 3035 Toot to ft hftersection wi the Nortih-SeLft Md- 5 Rc Itio ri Im of a sdd S ea cm 213: Thy South 00 cle G5 ninutea E4 maconde Emit geo eal d Nkxth -Zi a-uth 1 Id -%a-chon I Ina 3 dl*. Lgn 01 1!35. 19 Toot to MR POINT OF BEGINNING- PitmAl A All that *F tM Vftetef l Orm-1-11W F of Somic Drive, Rosill Proc-eacil n p N *. 2:551 RwmM of PIM-9 CoUnit AFUDW l Gd to tM EaStM M GF th, at par-co-I cleacrIbec. In Docker 1 03 al pap :3518. RewM DT said Ma Count Arizona, eGId porlim Mein In the South Ha It W the Northweet :Dus rier of Smtlon 25. ToWrkghlp 12 SMill, Ran '12 EaK '%31143 and Slit RhW IYISOC1113n. PI ma Count Arizona, deac ribed as ro I I am: ic o rn rn e nie I n g a t tIW cen bw W asi W -S a 0 1 * n 25 Then m Ncrtherl ;31onp Me Nxtihi-soulh MId­,SectIofl line of aald SHtlon 2D t* I-% Incarsa-W-lon 'w1W khEb MUM y pfa GF th@ Norbh @rl Fi -o'.'-'iYs line of P frna FG rria :WGU.' 38 sh *wn In oon 2 or Road Aupa .81 FW 1 01. rGDWM OF PIMS! CDMt .&Morm,aalld In @FE*c-lon bein the PC IN-r 0 = BEGINNINQ TtMDG W6819rl &" S26d WGcBtM P FGpDt10n I 1 tai 1Tkt9MG0t" Wft th@ W*81" F1W-D`r­W IIIFIS Ur wid 5MBF110 Drim. TIM C38 Nortill W Y Mono awd 'wesibgrl r nne to fta Infleirseehon wft, a, Itn9 30C roll Soudlh W aml prallel Wft tIIW WDrth" One oftiW SoLft Fiaif or w i owdaf of said s Deb ion n; Thmc* UateM Mo pwailliall ■mEF ter th Inlairmcdon wft the EwfiM Ins of Ina Narbhweet Guaritoir of said Siectilim 25 WISG WIFI the C*ffWf§M OF S DOWC Orhffl; TtMD8 SoUbhorl a" Elaid ES W" IM and SIU Mid C641,tMiM to the PION OF IBEGIMMMG- purial 7 All tMil "FUDri of Ithill IEWtefl OF161-113IF rl el SCEMIC DrIYR,, Ra.311 PrMaedInip No- 255. RWGM of Pirm CC t ArlZXM3, l Bdj3Mfd t* troll ,"rCE4 d6nrMd In DDCIIW1 11 44-5 at PMP 1,570, IlRipcaM of mid P I W C Wat A r1l WE & U I d p t D n IN In g In th a S OUft H SIT GF tM NNIUMMt 9 U WAGIF Of S GCbM 25, TOWN III 1p 12 SCHUth, Ran 12 EaBL CAI& and &aft FU'"r Ili arldi arm . Pima CDU1*, AWDrm,. clew Fomw as TGwowe: F rf, 5C.- I eX.-A i qM, F I '22C AL T -k ;Xffo krA dM C8- I 7-X - Em h N lk 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM • Fie Na: -01 71 OA Exhibit A �Gon*aw -cofmEmolin at a braw capsu m monument atam pad L. S. 121 22 at the iamnitar of mEdd Sactcm 29 Tf cim wfd.cM a 1?2 Inch mbaT Wft, n o ta at the "oftb Quart-Br -comer of "cl SomtIlm 29 Kim Nth 00 cis 05 milinulso 54 seccmft Wmt.9 WaLwx& of 2G43.W Mt; TI*n m =North DO cl-o 05 minutes :54 Ewcx3-nd,.s mat alon the Nor&-SDtdh Mid-Saichon Illno- of eald SiectIlim 2 *. a d1l e4 mK* GF 30,. DO Fee I tia I to I me ra K H o n w I th th a We' �Ae ri y p roj K-Wm of th a N cib Effl VA -W-wa y em of Pima Farm Egad as. EMGwn In Book 2 of Road Maps at pa 101, Reconk of 13M Counrt Artzon:k ealld InWsecUoni b" the POINT OF BEGI N NJ N G-. Thence North K d6 05 mLmtm 54seconde Vi m.1, c*n1j n u In U - alon as Id Nosh-SoLrth Mid-Seoilloin 11m. a diets nim or I I ISD-70 feet to a pole i on the arc or a non-t,-jn d - -)nt ou m oontnaiee -o -he h oith'oysel� a radW Orm of :931d ou m th roup" mid poi nt ft;3vin - a na rin or :3 *u-.h 19 de 34 minutm 1-0 sic*nift mast; H T h�na e "ortWaat-Brl Wm the arc or s31 r. ou rare, to I: h -3 ler, hawin a rar. lue of 45.00 %Bt and a centir-oll m0a of 70 de 31 ml nutf e 4-4 m<orkda ror a n a ro Wets n-ca o: 5:5.3 5 feat tD a point 6r -cue p. as Id pol nt be-In on the Easterl ri line or o;iid 5 Lneri la, D rive; Tt*nm SmAh Oh do- CS minutes .54 na(mrida Es-at alon BaW Eaatarl� rI 1113, a dlMnm of 1,19 .20 Tmt to Ito InOmeotion with the h orMerl ri 11 ne of salil 131na Farms Road Thenc:e NaM 85 de 57 rnin utq a 40 can n '%beeat alon - h6 -,%?c- at& M pif ojec don of Sala Norl:4 O rl y r1 T! -or- wa I Inc, a dIBtanr, a of :3010 feet to this POINT C F BEG I N NJ N.3,r, E L OLA % 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM EXHIBIT B Depiction of Area of Extension of Scenic Drive and Typical Roadway Sections a I � _ 4L y Ili W t X 11 L r .. a94TY 4lWMG�� I _ � °;• k N F M 4' I 1 1 I'4 � R Art JDT1HftF 3W, 4, j r' f � ti C,. 1I !1 is k. OIL LU J 4 f , �. '' ` � � � • i z im F M Ll- - - r.�.Vb` I1 - .S 1 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM _20_ EXHIBIT C Le Description of New Ri to be Dedicated to Town Au 8,2014 WLB No. 113021-B-001 WALE GALS\1 13021 \Scenic. Drive le description,doc The LEGAL DESCRIPTION WLB PUBLIC RIGHT-OF-WAY Gr6up A parcel of land l within Section 29, Township 12 South, Ran 12 East, Gila and Salt River Meridian, Pima Count Arizona, bein more particularl described as follows COMMENCING at the North Quarter Corner of said Section 29; THENCE S 00"05'5911 E, alon the North — South mid-section line of said section 29, a distance of 1462.48 feet to a point on the arc of a non-tan curve concave to the Northwest, said point bein the POINT OF BEGINNING THENCE Northeasterl alon the arc of said curve to the left, havin a radius of 45.00 feet, a central an of 66'10'33", with a radial bearin in of N 19Q22'48" W and a radial bearin out of N 85 °33'21" W, for an arc len of 51.97 feet to a point of non-tan THENCE S 00005'59" E, a distance of 1189-63 feet to the North line of Pima Farms Road as shown on Book 2, Road Maps, Pa 101, Pima Count Records; THENCE N 89"58'07" W, alon said North line, a distance of 60.00 feet; THENCE N 00c'05'59" W, a distance of 1150.68 feet to the be of a non-tan curve concave to the North THENCE Easterl alon the arc of said curve to the left, havin a radius of 45.00 feet, a central an of 38'56'34", with a radial bearin in of S 19 °33'45 "W and a radial bearin out of S 19"22'48" E, for an arc len of 30.59 feet to the POINT OF BEGINNING, Prepared B THE WLB GROUP, INC. Peter D. Cote, RLS 44121 EXPIRES 3-31-2015 Pa 1 of 2 (Sketch is Pa 2 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -21- 20 1- N 4 CORNER 221-22-0050 en SEC 29 Ln cj 0 f 4 1:0 T1 2S, R1 2E O � POINT OF C2 CA COMMENCEMENT LKB RANCH 221-22-013E POINT OF/ E31EGINNING CURVE TABLE CURVE 'LENGTH RADI US D cl 51.9 7' 0 JLl () 4 4 5, 00 66610',33" C2 1 30,59' 1 4 5 .00, 38 34 '56', LINE TABLE LI NE LENGTH BEARING Ll 1189.63 SQ0'Q5P59klE — L2 60.00 N89-58'07 NN w L 3 I ll 5 0.6 8, N00 -0 5' PARCEL 5A 219-20-914A I. LJ Ll II IRONWOOD RESFRVF,, BK, 5 8, M&P PG. 81 -7 PIMA FARMS ROAD- EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC RIGHT—OF— WAY SCENIC DRIVE I lb =200' SECTION 29., T-12S9 R-12E, G.S.R.M., PIMA COUNTY, ARIZONA The WLE WLB No, 113021-8-001-1003 Group,., N,\ 1 13021 \su rveAscenic Dr ROW.dw HEET 2 OF 2 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -22- EXHIBIT D Description of and Specifications for Scenic Drive Improvements 1. The Scenic Drive roadway section shall consist of two ten -foot travel lanes with two -foot shoulders on each side (for a total width of 24 feet) . The roadway shall be built with a thickened asphalt edge, no curb, and 2" asphalt over 4" aggregate base (unless a thicker section is recommended by the project geotechnical engineer. Concrete toe -downs at wash edges will be included in an additional shoulder with a total width of four feet. The only landscaping of the road and the path (described below) shall be hydroseeding of disturbed areas. The typical Scenic Drive roadway section as described above is depicted in Exhibit B to this Agreement. 2. The Scenic Drive roadway section shall be constructed from Pima Farms Road to approximately 400 feet south of the Silverbell Road intersection (nominally the point where Scenic Drive becomes a striped roadway in its current state). 3. There shall be a four-foot stabilized decomposed granite natural path mean- dering along the east side of Scenic Drive from Pima Farms Road to Silverbell Road, routed to minimize disturbance to existing vegetation with concrete paving at the two wash crossings. No sidewalk shall be required in addition to the path. 4. All drainage crossings shall be at -grade with no drainage culverts. 5. A minimum of two traffic calming islands with no curb shall be included at lo- cations to be determined by the Town with input from the neighbors; a third island shall be included if a suitable location with adequate spacing can be determined with input from the Town and neighbors. No more than three traffic calming islands shall be installed as part of the Scenic Drive Improvements. When the road is separated at the islands, an additional one foot of pavement will be added along the inside of the driv- ing lane such that the paving width at the islands is thirteen feet per side. 6. For a distance of at least 150 linear feet along the west shoulder of Scenic Drive south of the northern boundary of the Development, an additional eight feet width of pavement (for a total Scenic Drive width of 32 feet in this 150 -foot length of Scenic Drive) shall be built to accommodate future public trail parking. Until the trail is open to the public, the Town shall install and maintain "no parking" signs in this area. 7. No improvements will be made to the intersection of Scenic Drive and Silver- bell Road. 8. No improvements will be made to Pima Farms Road. 9. Except for the New Right-of-Way described in recital D and Exhibit C, no ad- ditional right -of -way or easements shall be required for the Scenic Drive Improvements. If additional right -of -way or easements become required by the Town for the construc- tion of the Scenic Drive Improvements, it shall be the Town's obligation to obtain such right -of -way or easements at no cost to the Owner. 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -23- 10. The Scenic Drive Improvements shall include the costs of any necessary utili- ty relocations associated with the construction and any permits and approvals from Pima County for the construction. The Town and the Owner will work cooperatively and make reasonable revisions to the design of the Scenic Drive Improvements to min- imize utility relocations. 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -24- EXHIBIT E Le Description and Depiction of Ri to be Abandoned b the Town August 22, 2014 WLB No- 113021-8-001 VULEGAMI 1302115cenic Odve GDS abandon.doc ] Group Ir4 LEGAL DESCRIPTiON PUBLIC RIGHT-OF-WAY TO BE ABANDONDED That Certain portion of public ri as described In Docket 13126, Pa 490, Pima Count Records, l within Section 29, Township 12 South, Ran 12 East, GlIa and Salt. River Meridian, Pima Count Arizona, bein more particularl described as follows COMMENCING at the North Quarter Corner of said Section 29; THENCE S 00u05'59" E. alon the North — South mid-section line of said section 29, a distance of 1362-51 feet TH EN E S 89" 54'01 " W, a distance of 30.00 feet to a poi nt on the West ri of Scenic Drive and the be of a non-tan curve concave to the Northwest, said point bein the POINT OF BEGINNING THENCE Southwesterl alon the arc of said curve to the ri havin a radius of 25.00 feet, a central an of 55'09'00', with a radial bearin in of N 89"54'01" E and a radial bearin out of S 34"56'58" E, for an are len of 24.06 feet to a point of reverse curvature-, THENCE Southeasterl alon the arc of said reverse curve to the left, havin a radius of 45.00 feet, a central an of 125"40'44", the chord of which bears S 07047'20" E. a distance of 80.08 feet, for an arc len of 98-71 feet to said West ri THENCE N 00cO5'59" W, alon said West line, ,a distance of 99.87 feet to the POINT OF BEGINNING, Prepared B THE WLB GROUP, INC. Peter D_ Cote, ILLS 44121 LAN kCAt 44121 P E T E'A D. C T I 0 E "17 Pod ONA1 EXPIRES 3-31-2015 Pa 1 of 2 (Sketch is Pa 2 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM - 25 - I 29 N 414 C01?NER SEC ;?9 TI 2S, R -1 2E POINT OF LO LO COMMENCEMENT p Ln LKB RA NCH 1-2,?-013E 30 04 POINT OF cl PA R CEL 5A BEGINNING 219—ZO-914A C2 Ll R,O.W, TO BE ABANDONED 0' IRONWOOD RESERVE, BK. 581 M&P PG. 81 S89*54 V Tr 30.00 LINE TABLE LI NL CENNGTH BEARING Ll , 99.87 1 N00405'59 Jjw CURVE TABLE CURVE LENGTH RADIUS DELTA cl 24.06 2 5. 00 5'0 '00" C2 98-71 45.00 125-40:4 EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC RIGHT—OF—WAY TO BE ABANDONED SECTION 29, T-12S, R-12Z G.S.R.M., 100' PIMA COUNTY, ARIZONA Th e WILB V� Girou WILE No. 113021—B-001-1003 N:\ 1 1 3021 \ su rve Scer ic Dr R OW, d w g SHEET 2 OF 2 100039097.DOCX / 51 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 9/16/2014 3:27 PM -26- our ; j! F� 111�rr �Ii1111i'11l��� r rr tik °1 . 41L. X _ M ;Paz r - r rp - r { w11 Itwi,'�"�,, G � „ } 2 . �a 1 ��� � � MM f� �� �� �' ��kff =����� � ��• s ' "� d 1.111 7 �titi - -�,� �ti -ter °* i �� F+�1 � �xx X11111 ,� ��IY 111Y 1M . = =� __.jr It + �w■' + ' 111111 WL � INN X11111 Y1 ■�I�IIIIM IYIr� l r � — #11�1Y■ ;� ! 11. l_. I X111111 IIII + ' # �, IM1111� �� WIN OLItil = ; cif ' f Belli 11 ILI lo N ■111 o w. W . 4 IN �� pill PHI oil 4P -0 Ipp �kti �1� 1fr1�1�1M �'� N� :�I t # *�;�� ~ �� i �# ' ■ * . �. "Illllllllir� �. .�111M1J* .� � X11 , . at� �I��i# 11M 'ego o +� _ �rM fT f _. i AL 1 ! �� 1w i F r # � # y R i + Jr�# �. te a,, . � � II � � � `� � � !!� �. '� � � a •� �R 111'1 � � �'` � � � � �► := �11111�111i 4 �#� ::�iddcl t �.t ■ *, ' # ;i� ... Ap Ab Nr �_+�.. �. 4F Lb L4 ' -�. 111 i ��; #'� ILti �t E �3i j pr F % 161 4p IL 1 �� # �. 11 r� r -_ f _ S �,� t V �- 1 W4hL 111r +I�i 1 l iF * + �► y1 x11.11 +F � ## 6 % �% - = i ari111rIJfr��- ■ off MIF � m - MAP ° + ( - �r .r ANIN # i PUN; �0#_ r w j I 1 1111 I I d a► # F W P -W ► w, . qCZ-1302911 tor -*,w °- 11 * :* *+ lo w - # r oo . Ron pecific Plan r �� � *I� �' � �� �' �� #11111 i� ��,�, � . ��� � NEW '"'' � � �+ } ' �� ,m a ��r# �i llllilllf1111 ■� +rF p ff & •- # up % Fif 1 # ► r o # il *x # �A 01 11 orl i•, i. lie r _ #� OF l��� #, m 1p p 4 r moff fit IF r 4p- Rai IL low ■ ddp s Ik 16 +° Imam Lo op r 10 , r or 'AV I Lam w +� �17wIYM�►` #�:* .* .` �� f+�� {fir # 0 # { fir* �•: . ► Rd NOW �i _ 1 _. OIL AL ✓r)iif+ * i♦ ! it i Ila M .�� doi t � � i &Is r a 1110 OF, i M /1\*,6, PLANNING 1. TYPE OF APPLICATION (Check One) F 'Preliminary Plata Final Plat General Plan Amendment Variance 3 Development Plan . SWPP Landscape Plan Native Plant Permit S Specific Plan Amendment Conditional Use Permit Rezone/ Specific Plan Native Plant Exception p p X Significant Land Use Change Minor Land Division r Water Plan Annexation Improvement Plan (specify type in Description of Project box!} r Other CaseLog# �Llab ~ M . Date Receiveci��� Signature 2. GENERAL DATA REQUIRED Assessor's Parcel 221- 22 -013B, 221- 22 -013E, 221- 22 -013F & General Plan Designation Rural Density Number(s) 221- 22 -013G (To be confirmed by staff) Residential Gross Area Acre / SF } 138 acres Current Zoning RR (Resort and 'o _ be confirmed by staff ) Recreation Development/ Project Lazy K Bar Ranch . Proposed zoning F (Specif�.c Plan) Name Marana Township 12 South, Range 12 East, Section 29 Project Location Description of Project' Single- family residential subdivision Property Owner LKB Ranch LLC, LKB Hotel LLC, and LKB 8401 N Scenic Dr Retained Land LLC Street Address city y tate Zip Code Phone # p Fax # E -Mail Address 'Tucson AZ 85743 520- 797 -1110 520- 797 -2408 jamesshiner @gmail.com ear ans����b�r �e•a��el.c��r�� Phone Number/ E -mail Contact Person J im Shi ner &Peter Evans j 520- 797 -1110 / j amesshiner@gmail.com evan Applicant LKB LLC 8401 N Scenic Dr Street Address Cit State Zip Code Phone # E -Mail Address Fax # Tucson Az 85743 520- 797 -1110 520- 797 -2408 jame,,hiner@gmail.com e app @bytravel.00n1 Phone Number/ E -mail Contact Person J i m Shiner 520- 797 -1110 / j amesshiner@gmail.com p evans@bvtravel.com Agent/Representative The Planning Center Street Address 110 South Church Ave, Suite 6320 City State Zip Code Phone # Fax # E -Mail Address Tucson AZ 85701 520 -623 -6146 520- 622 -1950 I ni ora l es@ a p 1 n n higc.e rrter. Town of Marana Business Contact Person Linda Morales License No. 125638 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing 10 the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) Linda Morales June 27, 2014 Print Name of A 22lican t/ A eii t S iyaftf re f- I a le CaseLog# �Llab ~ M . Date Receiveci��� Signature . O-WE p • T �- '• ;' l a �� �� �`• �" L • y -�� r'•,� - ' — - Ali � t � Lazy K Bar Ranch Specific Plan Marana, Arizona Submitted to: Town of Marana Planning Department 11555 West Civic Center Drive Marana, Arizona 85653 Prepared for: LKB LLC 8401 North Scenic Drive Tucson, Arizona 85743 Prepared by: The Planning Center 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623 -6146 With assistance from: The WLB Group, Inc. 4444 East Broadway Boulevard Tucson, Arizona 85711 Telephone: (520) 881 -7480 PCZ -13029 September 2014 Lazy K Bar Ranch Specific Plan SectionI. Introduction ..................................................................................... ..............................1 A. Background .................................................................................................................... ..............................2 Section II. Development Capability Report ................................................... ............................... 5 A. Purpose and Intent ........................................................................................................ ............................... 6 B. Existing Land Uses ......................................................................................................... ..............................6 1. Site Location ......................................................................................................... ..............................6 2. Existing On -Site Land Use and Zoning ................................................................ ..............................8 3. Existing Conditions on Properties within a One - Quarter Mile Radius ................ .............................11 4. Well Sites within 100 Feet of the property ........................................................... .............................13 C Topography and Slope .................................................................................................. .............................17 1 Hillside Conservation Areas ................................................................................. .............................17 31 2 Rock Outcrops ..................................................................................................... .............................17 3 Slopes of 15% or Greater .................................................................................... .............................17 4. Other Significant Topographic Features .............................................................. .............................17 33 5. Pre - Development Cross - Slope ............................................................................ .............................17 D. Hydrology, Water Resources and Drainage ................................................................. .............................19 1 Off -Site Watersheds ............................................................................................ .............................19 2 On -Site Hydrology ................................................................................................ .............................19 3. Existing Drainage Conditions along Downstream Property Boundary ............... .............................20 41 E. Vegetation ...................................................................................................................... .............................24 1. Vegetative Communities and Associations On- Site ............................................ .............................24 2. Significant Cacti and Groups of Trees ................................................................. .............................25 3. Special- Status Plant Species .............................................................................. .............................26 4. Vegetative Densities by Percentage of Plant Cover ......................................... ............................... 27 F Wildlife ........................................................................................................................... .............................31 1. Letter from Habitat Specialist ............................................................................. ............................... 31 2. Arizona Game and Fish Department Environmental Review ............................. .............................31 G Viewsheds ..................................................................................................................... .............................33 1. Viewsheds Onto and Across the Site ................................................................ ............................... 33 2. Area of High Visibility from Adjacent Off -Site Uses ............................................. .............................33 H. Traffic Circulation and Road System ............................................................................ .............................38 1. Existing and Proposed Off -Site Streets ............................................................... .............................38 2. Existing Access and Rights -of -Way .................................................................... .............................40 3 Roadway Improvements .................................................................................... ............................... 41 4. Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by Trafficfrom this Site ............................................................................................. .............................41 5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial Streets, Parks and Schools ................................................................................. .............................41 I Existing Utility Infrastructure .......................................................................................... .............................41 J Recreation and Trails .................................................................................................... .............................42 1. Open Space, Recreation Facilities, Parks and Trails .......................................... .............................42 C 2) 0 Table of Contents i Lazy K Bar Ranch Specific Plan K . Cultural Resources ........................................................................................................ .............................44 1. Location of Resources On- Site ............................................................................ .............................44 L . McHarg Composite Map ............................................................................................... .............................45 SectionIII. Development Plan ...................................................................... ............................... 47 A . Purpose and Intent ........................................................................................................ .............................48 B . Design Principles and Vision ......................................................................................... .............................48 C. Relationship to Adopted Plans ...................................................................................... .............................49 1 Marana General Plan ........................................................................................... .............................49 2 Marana Strategic Plan ......................................................................................... .............................52 D. Compatibility with Adjoining Development and Location Restrictions .......................... .............................53 1. Adjoining Development Compatibility .................................................................. .............................54 E . Land Use Concept Plan ................................................................................................ .............................54 F . Circulation Plan ............................................................................................................. .............................57 G . Grading Element ........................................................................................................... .............................58 H . Post Development Hydrology ........................................................................................ .............................58 1. Land Use Concept Plan Response to Hydrologic Characteristics ...................... .............................58 2. Information and Substantiation for Encroachment/Modification of Drainage Patterns ....................59 3. Potential Drainage Impacts to Off -Site Land Use Upstream and Downstream .. .............................59 4. Engineering and Design Features to be used to Address Drainage and Erosion Problems . ......... 59 5. Land Use Concept Plan Conformance with Area Plan, Basin Management Plans and Town Policies............................................................................................................... ............................... 60 I . Environmental Resources ............................................................................................. .............................62 1. Waters of the United States ............................................................................... ............................... 62 2. Federally Endangered Species and Other Special Species ............................. ............................... 62 3 Wildlife Corridor .................................................................................................... .............................62 J . Landscape & Buffering ................................................................................................ ............................... 62 1 Native Plant Preservation .................................................................................... .............................65 K . Cultural Resources ........................................................................................................ .............................67 L . Utilities ........................................................................................................................... .............................67 1 Water .................................................................................................................... .............................67 2 Wastewater ........................................................................................................ ............................... 69 3 Private Utilities ..................................................................................................... .............................69 4. Sanitation and Recycling Services .................................................................... ............................... 70 M . Public Services ............................................................................................................ ............................... 73 1 Police Service ...................................................................................................... .............................73 2 Schools ................................................................................................................ .............................73 3 Fire Service .......................................................................................................... .............................74 Section IV. Development Regulations ........................................................ ............................... 76 A. Purpose and Intent ...................................................................................................... ............................... 77 B. General Provisions ........................................................................................................ .............................77 C 2, 0 Table of Contents ii Lazy K Bar Ranch Specific Plan 1. Applicable Codes ................................................................................................. .............................77 ..............................4 2. Additional Uses .................................................................................................. ............................... 77 C. Development Standards ................................................................................................ .............................78 .............................10 1. Land Use Standards ............................................................................................ .............................78 .............................14 2. Landscaping ......................................................................................................... .............................80 .............................15 3. Landscape Standards .......................................................................................... .............................80 .............................16 4 . Parking ................................................................................................................. .............................81 .............................18 5. Lighting ............................................................................................................... ............................... 81 6. Signage ................................................................................................................ .............................81 D. Single Family Residential Detached Housing Design Standards ................................. .............................81 1. Individual Lot Landscaping .................................................................................. .............................81 E. Town of Marana Subdivision Requirements ................................................................. .............................81 1. Provision of Recreational Area ............................................................................ .............................81 2. Open Space Ownership ...................................................................................... .............................82 3. Off -Site Trail Access and Maintenance ............................................................... .............................82 F. Minimum Roadway Development Standards ............................................................... .............................83 1. Application .......................................................................................................... ............................... 83 2. Functional Classifications Defined ....................................................................... .............................83 3. Cul -de -sacs ........................................................................................................ ............................... 83 4 . Curbing and Sidewalks ...................................................................................... ............................... 83 Section V. Implementation and Administration ......................................... ............................... 85 A. Purpose ......................................................................................................................... .............................86 1. Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations ....... 86 2. General Implementation Responsibilities .......................................................... ............................... 86 3. Interpretation ...................................................................................................... ............................... 86 4. Development Review Procedures ..................................................................... ............................... 87 5. Specific Plan Amendments .................................................................................. .............................87 6. Administrative Change ......................................................................................... .............................87 7 . Substantial Change ............................................................................................. .............................88 Bibliography.................................................................................................. ............................... 89 List of Exhibits ExhibitI.A.1: Regional Context .............................................................................................. ..............................4 Exhibit11.8.1: Site Location .................................................................................................... ..............................7 Exhibit 11.6.2: Existing On -Site Land Use ............................................................................. .............................10 ExhibitII.B.3.a: Existing Zoning ............................................................................................ .............................14 Exhibit 11.B.3.b: General Plan Designations ......................................................................... .............................15 Exhibit 11.B.3.c: Existing Land Uses ....................................................................................... .............................16 Exhibit II.C.1: Topography and Slope .................................................................................. .............................18 �'!.� Table of Contents iii Lazy K Bar Ranch Specific Plan Exhibit II.D.1: Pre - Development Hydrology ......................................................................... .............................21 ..............................8 Exhibit II.D.2.b.1: FEMA FIRM .............................................................................................. .............................22 .............................19 Exhibit II.D.2.b.2: FEMA Floodplain ...................................................................................... .............................23 .............................20 Exhibit II.E.1: SDCP Vegetative Communities, Associations and Densities ....................... .............................28 ............................... 25 Exhibit II.E.2: Site Resource Inventory .................................................................................. .............................29 .............................26 Exhibit II.E.3: Vegetation Densities ....................................................................................... .............................30 ............................... 40 Exhibit II.F.1: AGFD Online Environmental Review .............................................................. .............................32 .............................51 ExhibitII.G.1.a: Photo Key Map ........................................................................................... .............................34 ............................... 55 ExhibitII.G.1.b: Site Photos .................................................................................................. .............................35 .............................64 Exhibit II.G.1.b: Site Photos, continued ................................................................................ .............................36 .............................73 Exhibit II.G.2: Visibility ........................................................................................................... .............................37 ExhibitII.H.1: Traffic .............................................................................................................. .............................39 Exhibit II.J.1: Recreation and Schools ................................................................................. .............................43 Exhibit II.L.1: McHarg Composite Map ................................................................................. .............................46 Exhibit III.E.1: Land Use Concept Plan ................................................................................ .............................56 Exhibit I11.H.1: Post Development Hydrology ........................................................................ .............................61 Exhibit III.J.1: Landscape and Buffering ................................................................................ .............................66 Exhibit III.L.1: Water Service Letter ...................................................................................... .............................68 Exhibit III.L.2.a: Existing Sewer Facilities ............................................................................. .............................71 Exhibit III.L.2.b: Wastewater Capacity Response ................................................................ .............................72 ExhibitIII.M.3: Fire Service ................................................................................................... .............................75 Exhibit IV.F.4: Typical Road Section .................................................................................... .............................84 List of Tables Table 11.6.2: Existing On -Site Structures ................................................................................ ..............................8 Table 11. D.1: 100 -Year Off -Site Peak Discharges ................................................................. .............................19 Table 11.D.2.c: 100 Year Peak Discharge .............................................................................. .............................20 Table I I. E.1: Species list of plant species observed on site ............................................... ............................... 25 Table II.E.3: USFWS List of Plant Species for Pima County ................................................ .............................26 TableI I . H .2: Roadway Inventory ......................................................................................... ............................... 40 TableIII.C.1: Lot Sizes .......................................................................................................... .............................51 TableI I I. E: Land Use Data .................................................................................................. ............................... 55 Table III.J: Lazy K Bar Prohibited Plant List .......................................................................... .............................64 Table III.M.2: School Capacities & Enrollments .................................................................... .............................73 2, 00 Table of Contents iv Lazy K Bar Ranch Specific Plan A. Background The Lazy K Bar Ranch (Lazy K Bar) is a 138 -acre property located in the Town of Marana, directly west of the Ironwood Reserve subdivision. Lazy K Bar is bound on the east by the Scenic Drive alignment, and by privately held land on the north, west, and south. Topographically, the property is adjacent to the Tucson Mountains to the west and north, and a rocky outcropping to the south. These topographic features create a "valley" setting for the central portion of the property. The site has spectacular views of the Tucson metropolitan area, Sombrero Peak, and the surrounding Tucson Mountains. Lazy K Bar Ranch represents an opportunity to plan and develop a special and unique community grounded in its heritage. A large portion of the property is proposed to remain as dedicated open space. Significant portions of the proposed open space are contained in the steeper slope areas, a central community recreational area centered around its historic buildings, buffers from existing adjacent residences and preserved wash corridors. An interior loop trail system will enhance on -site recreation. Every effort is made to maximize the view opportunities through thoughtful road design, careful slope analysis, and meticulous homesite orientation. The three character areas will provide distinct neighborhood experiences, but will be linked by open space corridors, trails, and a common design theme. Originally homesteaded in 1928, Lazy K Bar Ranch began operations as a guest ranch starting in 1932. Over the years, as a result of ranching, grazing and guest ranch activities, roads, trails, parking areas, paddocks, pastures, corrals and structures have created significant disturbance of the native desert. In 2006, the Guest Ranch was permanently closed, and attempts to sell to a new resort operator were unsuccessful. Currently, the Lazy K Bar site has 17 buildings on site, including a ranch office, six adobe guest casitas, the Mountain Pavilion (meeting /ballroom), barn and stables for horses, as well as a swimming pool and tennis court. A caretaker resides on the property, which is fenced, privately gated and closed to the public. At this time, no public access is available anywhere on the site. Trespassing is strictly prohibited. The current zoning designation on the property, Resort and Recreation, allows for the development of hotels, motels, inns, timeshare projects and resorts, substance abuse and other treatment centers, allowing up to approximately 600 lodging units. This specific plan proposes residential development with modifications to the development standards for lot size, grading, lot coverage and maximum building height. The Lazy K Bar Ranch Specific Plan is proposed to incorporate 178 lots at a gross density of 1.29 residences per acre. The plan also proposes a variation in lot sizes, a community park and natural open space. The proposed open space is approximately 55% of the total project area. The amount of historical disturbance from 85+ years of use on the property is approximately 67 acres, or 49% of the entire project area. While much of the proposed project is located on existing disturbance areas, other previously disturbed areas that are not proposed for new development present opportunities for reclamation and revegetation. E6 Introduction I -2 Lazy K Bar Ranch Specific Plan Additionally, the Lazy K Bar Ranch Specific Plan is intended to protect a portion of the historic elements of the property. Portions of the ranch house, particularly the stone house portion built by the original homesteaders, will be preserved and serve as a primary focal point and gathering place for the community. The thematic elements of the community will respect and celebrate the ranching culture and rich history of Lazy K Bar Ranch. Prominent cultural artifacts are intended to be preserved on -site. The current owners intend, upon adoption of the Specific Plan, to catalogue possible constituent items for a heritage display center. In connecting the Lazy K Bar Ranch to its heritage, it becomes connected to its neighborhood and its town. The "Mountain Pavilion Terrace" (referred to herein as event lawn) just south of the Mountain Pavilion, will be preserved as an informal gathering space for future residents, and will be an excellent location to capture the vistas and the nearby rock formations. See Exhibit I.A. 1: Regional Context. ffl Introduction I -3 Laz K Bar Ranch Specific Plan Exhibit LAA: Re Context LEGEND Site Location Tucson mountain Park NORTH 0, 72 50' 12 Town of Marana Jurisdictions �, .,� Pima Count FILE NAME. re — 6x8 — MAR-04.mxd SOURCE: Pima Count GIS. 2013 Introduction 1-4 J� .''" fir. � , � . ' _ _ 'Y War y , . , 4r ' A .0 Oak t4 7'i4 R r _ may„ r � L ���� � � � ir+i�, J t. - # f �r ''► JPrI • • . � � { 'v.J �� •J.L i �„� � ^. Nor h . . _ t . y��J B,R .i� !r♦ �. - 'ice', K - .� • .�- �. * I 71 M A a , � db Rul IV F, 41 ji go� ICA IVA& a a I H&VAN P I I w 411 wit _ \ :Nil :1Iwrrm:4?IJI1_ Lazy K Bar Ranch Specific Plan A. Purpose and Intent The primary purpose of the Development Capability Report section of the Lazy K Bar Ranch Specific Plan is to identify the site's opportunities, constraints and various physical characteristics, the analysis of which will provide a means whereby development is designed in a sensitive and responsive manner to the physical conditions of the site. Information for this section was compiled from a variety of sources, including site visits, referencing topographic, hydrological, archaeological and traffic analyses, and correspondence with staff from the local jurisdictions. The Development Capability Report follows the Town of Marana requirements provided in the Town of Marana Land Development Code. Pursuant to such requirements, information on the following physical components of the site was compiled to assess the suitability of the property for development: • Existing structures, roads and other development • Topography and slope analyses • Hydrology and water resources • Vegetation and wildlife habitat • Geology and soils • Viewsheds • Cultural resources • Existing infrastructure and public services B. Existing Land Uses This section of the Development Capability Report identifies existing zoning, land use and structures on -site and on surrounding properties, as well as other proposed development in the project vicinity. 1. Site Location The project is situated within the southwestern limits of the Town of Marana in the west - central portion of Section 29, Township 12, Range 12 East. The property lies approximately three - quarters of a mile west of Interstate 10 just west of Continental Reserve, at the intersection of Pima Farms Road and North Scenic Drive. In total, the site area is approximately 138- acres. See Exhibit 11.6.1: Site Location. ffl Development Capability Report II -6 Laz K Bar Ranch Specific Plan Exhibit 11.6.1: Site Location �err.�i��ar�rra� f " I� . I 12S12E19 12S 1 E30 12S12E20 ------------- T ------- __ T win ' Peak Oad 12S12E21 I T - - I X t � �A I f 0 C7(y 'or 221-22-013E 12S12E28 Pima Farms Road 12S12E29 22 -22-013F �rrrrl+� �rrrrrrr®rrri. I y ' 0 C 221'22-013G 221-22-013B Rese MARANA PIMA COUNTY 12S12E31 12S12E32 12S12E33 LEGEND NOTES: Site Boundar Project Site is located at NORTH 0' 1000 2000' Township 12S• Ran 12E. and Sect 29 Township, Ran & Section Site Acrea Approx. 138 AC Parcel ID #'s- FIL ENAME - MAR -04- locat Ion-& 8. m x d Jurisdictional Boundaries 221-22-0138, 221-22-013E- SOURCE Pima Count GIS, 2013 221-22-013F & 221-22-013G Development Capabilit Report 11-7 Lazy K Bar Ranch Specific Plan 2. Existing On -Site Land Use and Zoning The existing zoning designation on the property is "RR ", Resort and Recreation, which would potentially allow for the development of a large resort with up to 600 lodging units. The following accessory uses may be established in the RR zone if they are a part of, or accessory to a permitted use such as a resort, hotel, motel, inn, timeshare project or guest ranch: restaurants, bars, cocktail lounges, beauty and barbershops, spas, treatment centers, outdoor pavilions for outdoor events, live entertainment, and conference and gathering facilities designed to serve 200 people or less in a single room. See Exhibit 11.6.2: Existing Zoning. In addition, the Lazy K Bar's historic uses, including its equestrian, bull riding and the like, remain grandfathered. The Existing On- Site Structures table demonstrates the total number of existing buildings, with designated uses and height. There are 17 buildings on the specific plan site including staff housing, storage, an historic lodge, swimming pool, (7) casitas for guests, covered parking, horse stalls, tack room, and barn. See Exhibit 11.6.2: Existing On -Site Structures. Table II.B.2: Existing On -Site Structures ffl Development Capability Report II -8 Building Existing Building g g Current Square Height g Footage (Stories) Building 1 Mountain Pavilion & 5431 1 Mountain Pavilion Terrace (event lawn) Building 667 1 Storage Building Ranch House 7 1 8401 N Scenic Drive Building 1045 1 Swimming Pool Building 1905 1 Casita Building 851 1 Casita Building? 1 1 ffl Development Capability Report II -8 Lazy K Bar Ranch Specific Plan Casita Building 1692 1 Casita Building 2022 1 Casita Building 10 2 586 1 Casita Building 11 1 120 1 Casita Building 12 1 115 1 Casita Building 13 3 195 1 Casita + Covered Parking Building 14 1 100 1 Casita Building 15 1 829 1 Ba rn Building 16 2 290 1 Stable /Tack Room Building 17 1 192 1 Horse Stall Total On -Site 37 After years of heavy grazing and other high- impact ranching and recreational activities, the Lazy K Bar property has experienced significant disturbance. The paddock area, pasture, horse trails and roadways have the highest amount of disturbance. However, many other on -site areas have varying degrees of disturbance as well. In total, approximately 67 acres, 49% of the project area, is historically disturbed. The current owners, even when the ranch was still operating, restricted ground disturbing activities in some areas. A partial recovery, particularly in wash areas, is evident. 88 Development Capability Report II -9 Laz K Bar Ranch Specific Plan Exhibit 11.B.2: Existin On-Site Land Use LEGEND Specific Plan Boundar NORTH 0' 250' 500 FILE NAME- ex cond 6x8 MAR-04 mxd SOURCE- Pima Coun GIS, 2013 ffl Development Capabilit Report 11-10 Lazy K Bar Ranch Specific Plan 3. Existing Conditions on Properties within aOne- Quarter Mile Radius a. Zoning The zoning designations of surrounding properties, as depicted in Exhibit 11.B.3.a are as follows: North: Pima County SR (Suburban Ranch Zone) South: Town of Marana R -144 (Single Family Residential) East: Town of Marana F (Pima Farms Specific Plan), RR (Resort and Recreation) and Pima County SR (Suburban Ranch Zone) West: Pima County RH (Rural Homestead Zone) b. General Plan Land Use The 2010 Town of Marana General Plan indicates the site is designated Rural Density Residential. The surrounding general plan designations within one - quarter mile of the site, as depicted in Exhibit ll. B. 3. b are as follows: North: Rural Density Residential South: Rural Density Residential East: Master Planning Area and Rural Density Residential West: Rural Density Residential C. Land Use The land uses of surrounding properties within one - quarter mile, as depicted in Exhibit ll. B. 3. c.: Existing Land Uses are as follows: North: Vacant and Unsubdivided Single - Family Residential South: Vacant and All Creeds Brotherhood Sanctuary Cove East: Ironwood Reserve Single - Family Residential Subdivision and Unsubdivided Single - Family Residential West: Rural Homestead Separating the west edge of Ironwood Reserve and the rear yards of the proposed homes along the eastern boundary of Lazy K Bar is: 1 W Development Capability Report II -11 Lazy K Bar Ranch Specific Plan • A 60 -acre dedicated open space (approximately 615 -feet wide at its narrowest point); • Half of the former Scenic Drive 60 -foot right -of -way (equal to 30 feet); and • A 50 -foot setback from the eastern boundary. d. Number of Stories of Existing Structures There are 17 existing structures currently on the site, all of which are one - story. There are one -story single - family residential homes and some two -story single - family residential homes located east of the site in the Ironwood Reserve subdivision. All other homes within one - quarter mile of the site are one - story. e. Pending and Conditional Rezonings According to the most recent Town of Marana Planning and Zoning Activity map dated April 2013, there are no pending or conditional rezonings within a one - quarter mile radius of the project site. f. Subdivision /Development Plans Approved There is one approved subdivision plat within a one - quarter mile radius of the project site. Ironwood Reserve, an adjacent subdivision to the east of Lazy K Bar, was developed by Diamond Ventures, Inc. in 2004. The development has a gross area of 125 acres and a total of 246 lots, yielding an approximate density of 2.0 residences per acre (RAC). Similar to Lazy K Bar, Ironwood Reserve consists of three different lot sizes, with the largest lots positioned along the west boundary, mid -sized lots in the middle of the development and the smallest lots located in the eastern portion of the subdivision. The minimum lot sizes range from 6,122 square feet for lots in the eastern portion of Ironwood Reserve to 7,179 for lots near the middle of the development and 12,435 square feet for the lots situated in the western portion of the subdivision. Continental Crossing Marketplace, Continental Crossing Condos and Tucson III Retail Center CR Lot 15c located further east of the site are currently in development plan review, DPR- 08022, DPR -06135 and DPR- 07048, respectively. Additionally, the Townhomes at Coachline Boulevard, PRV- 07027, is currently in the preliminary plat stage. Three additional approved subdivisions are located nearby the site, but are outside the one - quarter mile radius. Twin Peaks Subdivision, a single family residential subdivision to the northeast of Lazy K Bar, was developed by Twin Peaks Development Corporation in 1997. The development has a gross area of 22.91 acres with a total of 78 lots and a gross density of 3.4 RAC. E8 Development Capability Report II -12 Lazy K Bar Ranch Specific Plan Twin Peaks Highland, another residential subdivision to the northeast of the site, was developed in 2004 by D.R. Horton. The development has a gross area of 29.78 acres, a total of 119 lots and a density of 4.0 RAC. Sunset Ranch Estates, a single family residential subdivision to the southeast of Lazy K Bar, was developed in 1995 and is owned by Stardance Land, LLC. The development has a gross area of 34.58 acres, with a total of 30 lots, with 0.87 RAC. g. Architectural Styles of Adjacent Development Existing homes in the area are rural custom -home type single - family residences with southwest and ranch architectural style. Homes in the Ironwood Reserve subdivision east of the site are more typical of the conventional tract subdivision production built single - family detached housing. 4. Well Sites within 100 Feet of the property According to Pima County Geographic Information Systems and the Arizona Department of Water Resources, well #634473 is located on -site near the Scenic Drive and Pima Farms Road alignment. Well #804829 is located within 100 feet of the property in the center of the northern property boundary. There are no other wells located on -site, or within 100 feet of the property. See Exhibit 11.B.3.c: Existing Land Uses. 88 Development Capability Report II -13 Lazy K Bar Ranch Specific Plan Exhibit II.B.3.a: Existing Zoning r r , , , , ■ s 9 LEGEND Specific Plan Boundary 0 R -36 r "1 114 Mile Radius R -144 Jurisdictions F SR NORTH Q" 500' 1, RH l R FILE NAME xornng_ &8_MAR -D4 mxd C�URCE P C t CIS 2413 RR ima VU" y 1�1 \.J Development Capability Report II -14 Town of Marana Zoning Pima County Zoning Laz K Bar Ranch Specific Plan Exhibit II.B General Plan Des_ i Specific Plan Boundar 114 Mile Radius Jurisdictions Master Plannin Area Low Densit Residential Rural Densit Residential Resource Transition Public Preserves NORTH 0 - Soo 1000 I FILE NAME" zon i n 8_LKI3 -0 1 - m xd SOURCE Pima Count GIS, 2014 ffl Development Capabilit Report 11-15 LEGEND General Plan Land Use Desi Pima Count Comp Plan Designations Laz K Bar Ranch Specific Plan Exhibit II.B.3.c: Existin Land Uses LEGEND Specific Plan Boundary NORTH 0' 500' 1000 Approved Subdivision Plat Washes F---'�, 100 Foot Radius Approved Development Plan L-11 FILE NAME: ex cond 6x8 MAR-04.mxd 114 Mile Radius 10 Wells ( Re g istr y ID Number labeled) SOURCE Pima County CIS, 2013 Development Capabilit Report 11-16 Lazy K Bar Ranch Specific Plan C. Topography and Slope The elevations on the property range from approximately 2,410 feet at the southwestern corner to approximately 2,154 feet at the northeastern corner. Three un -named washes exit the property at the northeast corner and along the eastern boundary with flows under 500 CFS. Existing topography at 2' contour intervals is shown on Exhibit 11. C.1: Topography and Slope. 1. Hillside Conservation Areas There are level 1 restricted peaks and ridges located at the northwest and southwest corners of the property. Please see Exhibit 11. C. 1: Topography and Slope. According to Title 19 of the Town of Marana Land Development Code, all development is subject to a 300 foot setback from each peak or ridge designated as protected. 2. Rock Outcrops There are rock outcrops along the southern and western boundaries of the subject site. As noted on the SRI, a small unique rock outcrop is located outside, but within close proximity to the northwest corner of the property. 3. Slopes of 15% or Greater There is a small area along the western boundary with slopes between 15 and 25 percent. The southern portion of the site has slopes between 15 and 25 percent, as well as a large area with slopes greater than 25 percent. The surface slope of the property is shown on Exhibit 11. C. 1: Topography and Slope. 4. Other Significant Topographic Features There are two small rocky peaks approximately 2466 feet and 2422 feet in elevation located outside the project area near the middle of the southern boundary. 5. Pre - Development Cross -Slope The average cross -slope of the property is approximately 10.47% from the southwest boundary of the site to the northeast corner. The pre - development cross slope calculation and values used are as follows: Cross -slope = (I x L x 0.0023) / A Where: = contour interval (2) L = total length of contours (314,152) 0.0023 = conversion of "square feet" into "acres x 100" A = total site area in acres (138 AC) ffl Development Capability Report II -17 Lazy K Bar Ranch Specific Plan w• � � a ti % y.. w� '//rrr. �. `! f irk ++/ / A � / r t` �% 1 _ `� ✓,, 1`f ��. �:�. .�� r' j a.tf 11 f � � °•,� � � l � ./,� ++, L� °f ir , �.` /rJla ,, 1 .► / f r / / /` { 1� \ , 1 �� �rr ♦ � �I /� / �•�'+����,. + � i ./r� ° / /Jr,`�� j {t,� j / )1� / / / /' ♦ r i{ E 1 1 I ! 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Pima Farms RR�oad -� / r \ / r / �wr 1 A `► +� l +! r << 1 t 1 t kk r� {�. ��.• ! 1 r ,. ` 1 r-+ ��i •'r ``J ! [� i "• " ;'�"" l.'�'�- 1��•_i -.. ♦ 1 ► / / I/L �,..�, '� V I I �,. Imo'' a� �`'► �.. \ Ll / •r / . # \ ♦ •1 r r� + r ` A !, -t �,�� , �, � I .. v 1 t �, �.. I TI r �► �.. r I � t I I I 1 1 1 \ t� �. ,� ♦ ` t /:"' •• \ +•,., 4 ..s / \ \�� -'w i 1 s r / i ? •. '` /j 1 1� , + I (� { { 1 1 1 t �, \ �� �► 4 j ��1 s / \\ ♦ �' / a ~� J l r \ < ^�., �► . + ! t 1 t �.� I • ... •� ..� 1 t / , t ♦ _ • . J ., 4, k t t i t r r` L / ''` \♦ r c� �� �\ `" ; i ' 4 - ['y � t { 1�1 1 1 / �„� 4 � � �1 j '1 �l �� ®.�� ♦♦ � � � � t� ..a ,, � .r ! /' ► �...�.s I ��,.,, +y �..� �_ J�A / A# / ! . r ? I k { 1 1 1 { { 1 ! 1 1 ► T! �� • "+ ! 1 ' �'► 3 1 ! 1 l f� "� 'r "`� �1. // 1 t l 1 1 1 { { 1 I 1 1 1 { / / // �� 4 \ ; ! •. • 1 y r., �..,. "�' �" J 1/ ° .� .".. �, �.r J I { I 1 1 I t ��l ♦ l • +� ��•► ���"- .! \ f ! 1.. •. I' 1 1 � 1 t r 1 1 y , " ,� �° l r `,- \♦,.' e ► ► !` •�_.. + r ♦j � ` � ,, •,� '1\ \ %x\\ '�s ♦\ \! I " �`R 1 f [ f rr/'! —., •, _ / t - �. r� ti ✓ �a ► "� 1 - � ;!\ \ Ill.: ' �' !1 `.:r: ♦` \` Tw �. s r — „ — par r r — rrr — t 5 �� iS i ��► r" .r ° r.r w` w �r \ 1 dpo .,....,, \\ _: ��,0�1 \ ` \�1 .�; � r -�'�� r �.`►'�,� w, 'I` ,+1r =�:. �. _�4 ..` ' � ♦•, ♦,\ .. � w, _�dov � + y+ '- w� s19� � `` 1 - +..♦ a ♦, ►° r Jr ` ! ` r►ia4 \\ Me awo We dw \ Exhibit II.C.1: Topography and Slope C) ° 4s \ / .. 1 / �`\ ` , �' �'► '00P 1 / ♦ ,a r Agog { 4 f,��"i /.'fit / J r t ! ��.. � :. 4 � � � � �,�� � w.'/JJa %�.�` j� /r / a // / j t�f ' � I r � ♦ \ 1 1 � � � '1 1 �..,�Itll, � 1�•.., �,� \ I rj 1 ♦'♦ �\ '! :�,� { • * ! 1 ��� I � ♦'` •.... \ ,, .� L EGEND Specific P Boundary 0 - 15% slopes � Restricted Peaks Ridges NORTH 0' 250' 504' Adjacent Parcels 15 25% slopes F171 2' Elevation Contours Greater than 25% slopes FILE DAME: t o po_ slv Fes_ 6x8_MAR a4.mxd SOU RCE - Pima County GIS 2013 Development Capability Report II -18 Exhibit II.C.1: Topography and Slope Lazy K Bar Ranch Specific Plan D. Hydrology, Water Resources and Drainage The following site hydrology information was analyzed and prepared by The WLB Group, Inc. All hydrology information is for illustrative purposes only and is subject to verification /modification via the drainage report with supporting calculations based on then existing and proposed conditions at the time of application. 1. Off -Site Watersheds The off -site areas impacting the project site are from the Tucson Mountains located north, south, and west of the site. The site is nested within a small valley along the east side of the Tucson Mountains. The off -site flows are discharging across the west, north, and south property line in a sheet flooding fashion on mountain slopes greater than 10 percent. In the approved drainage study titled "Ironwood Reserve Final Drainage Report" prepared by Morrison- Maierle, Inc. dated February 4, 2004; these off -site watershed analyses were evaluated and verified within this report. This stormwater runoff is fast moving with erosive velocities and sheet flooding throughout. See Exhibit ll. D.1: Pre - Development Hydrology. Acreage of Upstream Off -site Watersheds with 100 -year Discharge Greater Than 100 CFS Table II.D.1: 100 -Year Off -Site Peak Discharges Concentration Drainage Area Qloo (CFS) Point (AC) OS1 27.4 184 OS5 20.5 151 2. On -Site Hydrology a. On -site drainage flow conditions are characterized by: On -site storm water flow drains from the west to the east predominately by sheet flow and braided natural channels. The average slope of the site is greater than 4 percent. Storm water runoff that exits the site is conveyed across vacant desert landscape until it is intercepted by a channel adjacent to the western boundary of Ironwood Reserve residential development. This channel directs the flows north in a constructed channel through a single residential subdivision named Twin Peaks Highlands until it is ultimately intercepted by the Santa Cruz River located approximately three miles to the northeast. All on -site hydrologic analysis will be performed using PC Hydro Method V5.3.1, dated March 2007. The Pima County PC -Hydro software uses rainfall depths derived from the Upper Bound of the 90% confidence interval from the NOAH Atlas 14. This data is available from the NOAA's National Weather Service Hydrometeorological design studies center precipitation frequency data server, which relies on the latitude and longitude of the project site. The soil types were provided from the Natural Resource 88 Development Capability Report II -19 Lazy K Bar Ranch Specific Plan Conservation Service (NRCS) soils study. Within this report, hydrologic soil types B, C, and D are present within the project boundary. Using the Pima County Hydrology Manual, the weighted basin factors range in size from 0.035 to 0.050. The vegetative cover and density will be determined using recent aerial photographs and site visits. b. Federally Mapped Floodways and Floodplains: The development site is located within Zone X, which states "areas determined to be outside of the 500 -year flood hazard area" as defined by FIRM Panels 04019C1650 -L, effective date June 16, 2011. See Exhibit II. D. 2. b.1: FEMA FIRM and Exhibit II. D. 2. b. 2: FEMA Floodplain. According to the Town Of Marana Floodplain Ordinance, all non - FEMA washes greater than 50 cfs need to be mapped on -site for stormwater flows exiting and entering the project site. There are nine watercourses on -site under existing conditions that exceed 50 cfs. c. 100 -Year Peak Discharge Exceeding 50 cfs: The peak discharge rates for washes having a 100 -year event flow greater than 50 cfs are shown below: Table II.D.2.c: 100 Year Peak Discharge Concentration Point Drainage Area (AC) Q�oo (CFS) 1E 28.8 171 2E 44.0 249 3E 22.5 96 4E 3.0 14 5E 160.0 829 5.1E 48.0 319 5.2E 21.0 146 5.3E 27.0 190 5.4E 15.7 111 5.5E 22.8 1 168 See Exhibit Il. D.1: Pre - Development Hydrology 3. Existing Drainage Conditions along Downstream Property Boundary The foothills of The Tucson Mountains are a series of alluvial fans where storm water runoff is generally conveyed via sheet flow in ill- defined channels. The developments throughout the watersheds collect and redirect all sheet flow from these alluvial fans and ultimately deliver it to the Santa Cruz River. The land downstream of the project site is predominantly comprised of residential and commercial developments. Furthermore, the downstream parcels also exist within various FEMA flood hazard zones. 88 Development Capability Report II -20 0 CD 0 rn v iI] CD O a FO F -2 "el-aw I L *06- f-, �► I 'v , i'0, t _ Irli.l ^► 4.. - ' +� §;.:. - :i' ,i ��� ,.,. X1 MON i _ Zl Jqw En Plannin Surve ;rtt The Londsr;upe Architecture Urbw Desi a .., . 1' B Tucson . Phoenix ti ;0 ! i X v c� CD M O CD �G Q I O O K r v 1< 7 C7 CD 0 C7� v Laz K Bar Ranch Specific Plan PROJECT LOCATIO,V - "M 6num a ' FEW r� PPS IP '�'�� � jll #I Exhibit II.D.2.b.1: FEMA FIRM ED I PANEL 1650L FIRM FLOOD INSURANCE RATE MAP PIMA COUNTY, ARIZONA AND INCORPORATED AREAS PANEL 1650 OF 4750 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) TAMS COMMUNITY NUMBER PANEL SUFFIX MARANA TOWN Ov 040118 1650 L PD PIMA COUNTY 040073 1650 t- Notice lo User The Map Nunibqer shoran below should be used when placin map orders the Communit Number sho �%n above shoul be use on i nsur a nce ap phczbo ns f�- i I sd: conTnunt 9 ,0%. R r MAP NUMBER b Z C14 04019C1650L C%j MAP REVISED JUNE 16, 2011 Federal Emer iNlana Agenc cn 3: 7 1-- FIRM MAP LAZY K RANCH SPECIFIC PLAN F-I 2 TOWN OF MARANA > PIMA COUNTY, ARIZONA WLBJ0I3#1"3021-A004-040,0 JUNE 2013 Development Capabilit Report 11-22 Laz K Bar Ranch Specific Plan Exhibit II.D.2.b.2: FEMA Floodplain C Apr % 4L q 10 Z t % Ir r I ' _ 04 F .a �.• , � r*� -1• :� ',�� � e. '�' 7 1 dks r No M so 4w am wa ". M wlmd� pip w :kl 40 l i 4 , -Z IL I * '�r�.. .. �~�a".r +.... .. �' v A .� •I+ .re.. � sY •�'� �a _ ��� a te ,. - r �a� • a`r .i� .� # r , ' " 'r� yl • ,` �� AI low. % I • Z, 1P p >t V I X r4l A- X at �. 1 I - - w �. # � 1 - I a t,�� ,.+ ! ,- r . ' �`f l€ T����.� P�,�'r =� �. ' � r, • lr 1$ tl 1 ; 1 " + �. J) �� � -.�- - � . . « �. ��',���,- ��.;,�� •�� �# �`+� Pima Farms Road I Aj 4r 40 1b Ik .41(A Y, 1 01 %* I' No so mmI�If NP on 4opme. .0 r. ir .1 4 W I lk LEGEND I : : I Specific Plan Boundar NOTE, FEMA Zone X (outside miiiiw. Washes 1 00- fl ood limits) covers entire map area NORTH o* 2507 500' FILE NAME: h SOURCE.- Pima Count GIs, 2013 ffl Development Capabilit Report 11-23 Lazy K Bar Ranch Specific Plan E. Vegetation 1. Vegetative Communities and Associations On -Site The project site is located on the eastern flank of the Tucson Mountains and contains native vegetation that is typical of that found in the Arizona Sonoran Desert. The site drains from the southwest to the northeast and there is one well- defined wash running through the northeastern portion of the property. The property occurs within the Arizona Upland subdivision of the Sonoran Desertscrub biotic community (Brown and Lowe 1980 Existing vegetation is categorized into two distinct communities; Palo Verde — Mixed Cacti, in the uplands, and Sonoran Riparian Scrub growing along the wash (Pima County GIS 2013). See Exhibit II.E.1: SDCP Vegetative Communities, Associations and Densities a. Arizona Upland Subdivision, Palo Verde -Mixed Cactus series: A Site Resource Inventory was completed in accordance with Town of Marana requirements (See Exhibit II.E.2). Existing upland vegetation across the property is diverse in vegetation species composition and structure. Dominant species on the property include foothill palo verde (Parkinsonia microphylla), creosotebush (Larrea tridentata), triangle -leaf bursage (Ambrosia deltoidea), brittle bush (Encilia farinose), ocotillo (fouquieria splendens), barrel cacti (Ferocactus wislizenii), saguaro (Carnegiea gigantea), cholla species (Opuntia sp.), prickly pear species (Opuntia sp.) and a variety of other small cacti. Smaller numbers of blue palo verde (Parkinsonia florida) and desert ironwood (Olneya tesota) trees are also present. Mature ironwoods were not noted on the property. The health of undisturbed upland vegetation on site is generally good to fair. The saguaro age structure is healthy. Many of the upland trees are exhibiting some signs of stress due to current drought conditions. Portions of the site that have been accessed by clearing operations and /or grazing vary in condition from denude of any significant vegetation to minimal native understory vegetation. These areas are largely associated with previous ranching operations and /or grazing limits dictated by fencing. b. Sonoran Riparian Scrub vegetation: Sonoran Riparian Scrub vegetation is associated with the wash running through the northeast portion of the property. This community is dominated by mesquite trees (Prosopis velutina), whitethorn acacia (Vachellia constricta), and foothills paloverde (Parkinsonia michrophyla). Brown, D.E., and C. Lowe, 1980. Biotic communities — Southwestern United States and Northwestern Mexico. Map. University of Utah Press. Salt Lake City, Utah. 88 Development Capability Report II -24 Lazy K Bar Ranch Specific Plan The exclusive defining factor of the existing riparian vegetation on site is density. This vegetation is largely the same species makeup as the upland vegetation but with a greater density of plant coverage due to the concentrated runoff from rainfall. There are no species more typically defined as riparian in nature such as Hackberry (Celtis reticulate) or Cottonwood (Populus sp). Exhibit 11.E.3: Vegetation Densities, illustrates the extent of the two vegetative communities found on the Lazy K Bar property. Table II.E.1 presents a list of plants observed during a June 2013 site visit. Also observed, but not listed, were various bunch grasses and forbs. Table II.E.1: Species list of plant species observed on site. SCIENTIFIC NAME COMMON NAME Ambrosia deltoidea Triangle -leaf bursage Baccharis sarothroides Desert broom Carnegiea gigantea Saguaro cactus Echinocereus sp. Hedgehog cactus Ferocactus wislizenii Barrel cactus Fouquieria splendens Ocotillo Larrea tridentate Creosotebush Mammillaria microcarpa Pincushion cactus Olneya tesota Desert ironwood Opuntia engelmannii Prickly pear cactus Opuntia fulgida Chain fruit cholla Opuntia versicolor Staghorn cholla Parkinsonia microphylla Foothills palo verde Parkinsonia florida Blue palo verde Prosopis velutina Velvet mesquite Sene alia greggii Catclaw acacia Vachellia constricta White thorn acacia 2. Significant Cacti and Groups of Trees The saguaro population appears to have a stable age structure, with many young plants scattered throughout the site, as well as plants well over 30 feet in height, although the saguaro population on the property is typical for the area. No unusual groups of native trees or other native vegetation were noted on the property. A portion of the site associated with the previous guest ranch facilities contains some introduced non - native plants such as palm trees, non - native agaves, and ornamental shrubs. 88 Development Capability Report II -25 Lazy K Bar Ranch Specific Plan 3. Special- Status Plant Species The U.S. Fish and Wildlife Service (USFWS) identifies five plant species in Pima County that have protection under the Endangered Species Act (ESA) (Table II.E.3) None of these species are expected to occur on the property. In addition, the Arizona Game and Fish Department's (AGED) Heritage Data Management System (HDMS) was accessed via their On -line Environmental Review Tool, to locate records of occurrence within 3 miles of the property for these species. The HDMS also includes records for numerous other species that do not have Endangered Species Act (ESA) protection (special- status species), and of lands of environmental concern, such as critical habitat for species with ESA protection and wildlife linkage corridors. The HDMS does not include records for any plant species with ESA protection. The summary page from the HDMS review has been included as Exhibit: II.F.1: AGED Online Environmental Review. The HDMS does identify two special- status species within 3 miles of the property; the Stag -horn Cholla or Opuntia versico /orand the Pima Indian Mallow orAbutilon parishii. The species are designated salvage restricted (SR), and sensitive (S), salvage restricted and species of concern (SC) respectively, under the Arizona Native Plant Law. Marana's draft Habitat Conservation Plan (HCP) does not include any plant species to consider. Table II.E.1 USFWS List of Plant Species for Pima County Common Name Scientific Name ESA Status Plants Acuna cactus Echinomastus erectocentrus var. Proposed Endangered acunensis) Gooding's onion Allium gooddingii) Conservation Agreement Huachuca water umbel Lilaeopsis schaffneriana ssp. Endangered recurva) Kearney's blue star Amsonia kearneyana) Endangered Pima pineapple cactus Coryphantha scheeri var. Endangered robustispina) Nichol Turk's head cactus Echinocactus horizonthalonius Endangered var. nicholii) 2 http: / /www.fws.gov /southwest/es /arizona /Documents /CountyLists /Pima.pdf 88 Development Capability Report II -26 Lazy K Bar Ranch Specific Plan 4. Vegetative Densities by Percentage of Plant Cover The Pima County GIS (2013) categorizes the upland, Palo Verde — Mixed Cactus vegetation on the property as medium density, and the Sonoran Riparian Scrub vegetation along the washes as high density. According to 2013 Pima County GIS data, the Palo Verde — Mixed Cacti accounts for 112.6 acres and the Sonoran Riparian Scrub accounts for 12.6 acres. On the site, the high density vegetation appeared restricted to the limits of the revised IRA. Exhibit II.E.3: Vegetation Densities, illustrates the vegetative community densities found on the property. 88 Development Capability Report II -27 Lazy K Bar Ranch Specific Plan Exhibit 11.E.1: SDCP Vegetative Communities, Associations and Densities Ilk U) 00 , IN N -" •j., � �,; ` � `�. `� Pima Farms Road' , , , « • • J 5y r r �� • 1 n r y � r LEGEND Vegetation Pima County Special Elements Specific Plan Sonoran Desertscrub Palo Verde - Mixed Cacti (112.6 acres) NORTH 0' 254' 500' Boundary now Parcels Field Verified IRA Sonoran Riparian Scrub (12.6 acres) -- -- FILE NAME, Vegetation _ fix$_MAR- 04 -mxd SOURCE- Pima County GIs, 2013 Development Capability Report II -28 Laz K Bar Ranch Specific Plan Exhibit II.E.2: Site Resource Inventor SITE RESOURCE INVENTORY LAZY K BAR RANCH SRI LEGEND UNIQUE SIGNIFICANT VEGETATION (NONE) ------ -- - - ---- RIPARIAN AREAS (FIELDVERIFIEDI - - - - - - - - - - - 'WILDLIFE CORRIDORS (NONE) UNIQUE ROCK OUTCROPPINGS STEE P HI LLS IDE SLOPES > 16% - 2656 SLOPES I S% j � L STEEP HILLSIDE SLOPES >25% SLOPES * FEMA IDO -YEAR REGULATORY FLOOD LIMITS tNONE) 1 5 APPROXIMATE LOCATION • FOR PLANNING PURPOSES ONLY SEE SHEET 4 SEE SHEET - - - - - - - - - - - - - - - - - - - --- - - - - - -- 7-" --------- ---------------------- NOTE: ROCK OUTCROPS IN THE STEEP SLOPES NOT SHOWN ON PLAN W. NDT A PAR- SEE SHEET SEE SHEET 7 - - -- ­- - --- - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - SEE SHEET 8 SEE SHEET 8 146.574' PROJECT LAYOUT SCALE 1' 20KY AERIAL 4070 DATE - 20I2 The LAZY CW­ #­�d W� T Ph�. WLB 9401 N SCENIC DR Groupur-m MARANA-ARIZO-N&O5143 I T__., A�— 20,68 7400 _ 10 20 20 I 3D 22 29 2 THIS PROJECT M iNIA FAF&5 Wln iu 3D 29 2 9 �s 31 32 32 5 :1 LOCATION MAP LOCATED IN A PORTION OF SECTION 20, TOWNSH 12 SOUT RAN 12 EAS T. G ILA & SAL R NE R M € RI DLAN, PIMA COUNTY, AR IZONA DEVELOPER MARAZAY HOMES ATTENTION JEN RUBY 15279 N SCOTTSDALE ROAD 0300 SCOTTSDALE. AZ 85254 PHONE 480 346 2691 SHEET INDEX SHEET I COVER SHEET SHEET 2THRU8 AERIAL PHOTO SITE RESOURCE INVENTORY LAZY K BAR RANCH LOCATED IN PORTION OF SECTION 29, TOWNSHIP 12 SOUTH. RANGE '•2 EAST GILA & SALT RIVER MERIDIAN. PIMA COLNTY, ARIZONA SITE. RESOURCE INVENTORY COVER SHEET 113021 AQO 1 "0. L 8 9 Z w Development Capabilit Report 11-29 VA t SEE SHEET 2 — — SEE SHEET 3 — — — - — — — — - — — — — — - — — — — - - — - O R — — — — — - — - — — - — - — — — — - — — - ---- --- M 0 M. j� 5�27 E FEMA IDO -YEAR REGULATORY FLOOD LIMITS tNONE) 1 5 APPROXIMATE LOCATION • FOR PLANNING PURPOSES ONLY SEE SHEET 4 SEE SHEET - - - - - - - - - - - - - - - - - - - --- - - - - - -- 7-" --------- ---------------------- NOTE: ROCK OUTCROPS IN THE STEEP SLOPES NOT SHOWN ON PLAN W. NDT A PAR- SEE SHEET SEE SHEET 7 - - -- ­- - --- - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - SEE SHEET 8 SEE SHEET 8 146.574' PROJECT LAYOUT SCALE 1' 20KY AERIAL 4070 DATE - 20I2 The LAZY CW­ #­�d W� T Ph�. WLB 9401 N SCENIC DR Groupur-m MARANA-ARIZO-N&O5143 I T__., A�— 20,68 7400 _ 10 20 20 I 3D 22 29 2 THIS PROJECT M iNIA FAF&5 Wln iu 3D 29 2 9 �s 31 32 32 5 :1 LOCATION MAP LOCATED IN A PORTION OF SECTION 20, TOWNSH 12 SOUT RAN 12 EAS T. G ILA & SAL R NE R M € RI DLAN, PIMA COUNTY, AR IZONA DEVELOPER MARAZAY HOMES ATTENTION JEN RUBY 15279 N SCOTTSDALE ROAD 0300 SCOTTSDALE. AZ 85254 PHONE 480 346 2691 SHEET INDEX SHEET I COVER SHEET SHEET 2THRU8 AERIAL PHOTO SITE RESOURCE INVENTORY LAZY K BAR RANCH LOCATED IN PORTION OF SECTION 29, TOWNSHIP 12 SOUTH. RANGE '•2 EAST GILA & SALT RIVER MERIDIAN. PIMA COLNTY, ARIZONA SITE. RESOURCE INVENTORY COVER SHEET 113021 AQO 1 "0. L 8 9 Z w Development Capabilit Report 11-29 Laz K Bar Ranch Specific Plan Exhibit 11.E.3: Ve Densities LEGEND Specific Plan Boundar Hi Density N ORTH 0' 250* 500' % . Parcels Medium Density ., Man icured/introd uced Ve Low Densit FILE NAME. Veq_Dens - 6x8 - MAR-04.mxd SOURCE- Pima Count GIS,20113 ffi Development Capabilit Report 11-30 Lazy K Bar Ranch Specific Plan F. Wildlife 1. Letter from Habitat Specialist a. Presence of any State - listed Threatened or Endangered Species The Sonoran Desert Tortoise (Gopherus morafkai) is a candidate for ESA protection. The HDMS search found that the tortoise occurs within 3 miles of the property. The tortoise carries sensitive and wildlife of special concern designations. The Fulvous Whistling -Duck or Dendrocygna bicolor occurs within 3 miles of the specific plan area and carries a species of concern status. There are 2 wildlife corridors within 3 miles of the project, including: Coyote — Ironwood — Tucson Linkage Design and the Tucson — Tortolita — Santa Catalina Mountains Linkage Design. b. High Densities of a Given Species According to the Arizona Game and Fish Department, there is no evidence that high densities of a given species exist within the project area. 2. Arizona Game and Fish Department Environmental Review In support of this analysis, the AGFD HDMS was accessed via their On -line Environmental Review Tool, to locate records of occurrence within 3 miles of the property for these species. The summary page from the HDMS review has been included as Exhibit: II.F.1: AGFD Online Environmental Review. The HDMS does include records for one species that does not have Endangered Species Act (ESA) protection: the Cactus Ferruginous Pygmy -owl (Glaucidium brasilianum cactorum), which used to have ESA protection. The Pygmy -owl receives the protections provided by the Migratory Bird Treaty Act and is designated as a sensitive (S), species of concern, and Wildlife of Special Concern (WSC). 88 Development Capability Report II -31 Laz K Bar Ranch Specific Plan Exhibit ll.F.1: AGFD Online Environmental Review The De W ffitint appreciates the opportunit to provide in-depth common, inn pro additiianal information of errvironrr*ntal documentation becomes available. Special Status Species Occurrences/Critical Habitat/Tribal Lands within 3 miles of Pro Vicinit Name Common Name FINS USFS BLM State Abutilon parishm P1 I TUA Indian Mallow tic Co - I rowciod - Tucson Linka Desi VOldlit► Corridor Dendroc biccWor Fulvous Wbistfin SC Glaucidium brasilianum c-actorum Cactus Ferru P -3c AGC GophefLIS morafkai Sonoran Desert Tortoise C A Wsc OPLintia versicolor Sta Cholla SIR Tucson - Tortaida - Santa Catalina Mountains Linka Desi Wildlite Corridor 2 a Pro Name: MAH-04 Submitted B Kell Lee On behalf of: CONSULTING Pro search ID: 20130603020456 Date.- &312013 10:04-101 AM Project Cate Development Within MUnicipalities (Urban Growth). Residential sin dwellin and associated infr­aStrLV_-tUre,New construction Pro Coordinates ( UTM Zone 12-NAD 83): 486400.745, 3580309.885 meter Pro Area: 131.991 acres Pro Perimeter* 3201.910 meter Count PIMA USGS 7.5 Minute Quadran ID- 1725 Quadran Name- AURA .4 Pro localit is currentl bein scoped Location Accurac Disclaimer Pro j ect locations are assurne,d to be both precise and accurate for the purposes of environmental review. The creator/owner of the Project Review Receipt is solel responsible for the project location and thus the correctness of the Project Review Receipt content. Pa 1 of 7 APPLICATION INITIALS 88 Development Capabilit Report 11-32 Arizona's On-linc Em.-ironiiiental Rcvic%N., Tool Search ID: 20130603020456 Pro ' lect Name: MAR-04 Date: 6`3 2013 10:04-05 AM Lazy K Bar Ranch Specific Plan G. Viewsheds 1. Viewsheds Onto and Across the Site The Lazy K Bar Ranch project area is located on the edge of a developing area within the Town of Marana limits. Residential developments exist in the vicinity to the north, south and east of the site, with one residence to the west on the other side of the mountains in the Avra Valley, almost a half -mile away. Topography within the project area contains slopes that are greater than 15 percent along the west boundary and in the southwest portion of the site. Just outside the west boundary, there are steep cliff - sides and significant topographic features, including a mountain range to the southwest of the site. The general landscape is dominated by natural desert upland vegetation with three washes crossing through the project area. Viewsheds onto and across the site are dominated by mature native trees, cacti, and shrubs. Views of the middle ground are partially obstructed by vegetation in the foreground. Views of the background (greater than eight miles) include the Tortolita, Tucson, and Catalina Mountains. See Exhibit 11. G.1. a: Photo Key Map and Exhibit 11. G.1. b: Site Photos. 2. Area of High Visibility from Adjacent Off -Site Uses North: The northern boundary of the specific plan area slopes up to a hillside at the northwestern corner, which allows for increased visibility south onto the site; the top of the hill provides increased visibility of homes located just north of the specific plan. South: The Tucson Mountains, including Brown Mountain, provide increased elevation, allowing for increased visibility when looking north, across the site; vegetation is not a limiting factor. East: The eastern portion of the specific plan area is relatively flat with slightly changing topography and varying vegetation densities that limit the views to the west. West: The Tucson Mountains provide increased elevation, allowing for increased visibility when looking east, across the site; vegetation is not a limiting factor. See Exhibit 11. G.2: Visibility. 88 Development Capability Report II -33 Laz K Bar Ranch Specific Plan Exhibit 11.G.1.a: Photo Ke Map LEGEND Specific Plan Boundar 4)0- Photo ID & location photo was taken NORTH 0 ' 250' 500 1 FILE NAME PhctoKeyMap_6x8_MAR-04 mxd SOURCE- Pima Count DOT GIS, 2013 ffl Development Capabilit Report 11-34 Lazy K Bar Ranch Specific Plan Exhibit II.G.1.b: Site Photos r Photo 1: View looking west onto the site from the Photo 2: View near eastern boundary looking west eastern property boundary, Scenic Drive. across the site and disturbed area. Photo I View looking north from the eastern Photo 4: View looking southwest from the northeast portion of the site towards well and water storage. corner of the site. W Photo 5: View looking east from the center of the site. WIF I' � y 4 JLP AA Photo 6: View looking north from the northwest corner of the site. 1 W Development Capability Report II -35 Lazy K Bar Ranch Specific Plan Exhibit II.G.1.b: Site Photos, continued Photo 7: View looking south along the western boundary from the northwest corner of the site. Photo 8: View looking northeast from the south - central part of the site. Photo 9: View looking east from the eastern portion Photo 10: View looking east from northwestern of the site. corner of the site. ROAD - -• LC - « M f t r � - Photo 11: View looking south along Scenic Drive Photos 12: View looking west from a location near from northeast of the site. the center of the site. 1 W Development Capability Report II -36 Lazy K Bar Ranch Specific Plan Exhibit II.G.2: Visibility ffl Development Capability Report II -37 LEGEND Visibility Specific Plan Boundary High NORTH 4' 250' Sao 2' Elevation Contours !Medium Low FILE GAME: visibility _6x8_MAR- 04.mxd SOURCE: Pima County GIS, 2013 Lazy K Bar Ranch Specific Plan H. Traffic Circulation and Road System A Traffic Impact Analysis is being prepared by Southwest Traffic Engineering, LLC and will be submitted under separate cover. 1. Existing and Proposed Off -Site Streets Scenic Drive is adjacent to the eastern boundary of the project area. Pima Farms Road intersects Scenic Drive, providing access to the site from the east. No off -site roads are proposed as a part of this project. Existing roadways within the project area are shown on Exhibit H.H. 1: Traffic. Scenic Drive Scenic Drive is a 2 -lane minor collector with a 60' right -of -way (R -O -W). The road is paved north of the Pima Farms Road alignment. However, northbound Scenic Drive terminates at Pima Farms Road and a small segment of the roadway between there and the single - family residences to the north is currently closed to thru traffic. North of the road closure, Scenic Drive continues until it reaches Silverbell Road. South of Pima Farms Road, Scenic Drive is a 2 -lane dirt road. Southbound Scenic Drive terminates shortly before entering Saguaro National Park West. The posted speed limit is 25 MPH. There currently is no average daily trip (ADT) data for Scenic Drive. Pima Farms Road Pima Farms Road is a paved 2 -lane road with a 60' and 67.5' R -O -W. The posted speed limit is 30 MPH. ffl Development Capability Report II -38 Laz K Bar Ranch Specific Plan Exhibit 11.H.1: Traffic 7 NU o w eo TvAn Peaks Road ( 100/150 ) • %G � � 4 7 '� � " win P 0 0 ag �. /�ry� X CD a) 1?0 'E U) I Silv Pima Farms Road ( 67.51X ) 76w n M a rain a Pima Count 0 e *0 LEGEND Specific Plan Boundar L One-Mile Radius Jurisdictional Boundar Sa National Park 01 L Bic Routes Bus Routes ( Sun Tran) ( 1 5011 507 Existin Ri -of Wa X = No Defined ROW Width 0 Bus Stops NORTH 0, 1 C.-Io. 3000' 1 MEME FILL NAME traffic 6x8 MAR-04-mxd SOURCE Pima County GIS, 2013 ep5k Development Capabilit Report 11-39 ,S A"G'UA , R 0/ N,AT 10 N A L j P A R'K'.W,E S T, Lazy K Bar Ranch Specific Plan 2. Existing Access and Rights -of -Way A roadway inventory was conducted to obtain the following information: • Existing and Proposed Right -of -Way; • Whether or not said widths conform to minimum requirements; • Ownership; • Whether or not rights -of -way jog or are continuous; • Number of travel lanes and theoretical capacity and design speed for existing roads; • Present average daily traffic for existing streets; and • Based on a preliminary visual assessment, a description of the surface conditions of existing roadways providing access to the site: Table II.H.2: Roadway Inventory Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit — 3.11.13 ffl Development Capability Report II -40 Silverbell Twin Scenic Pima Coachline Continental Road Peaks Drive Farms Blvd Reserve Road Road Loop Major Routes Arterial Arterial Minor Minor Minor Minor Classification Collector Collector Collector Collector Existing R.O.W. (Feet) 150 -200 100 -150 60 67.5 90 75 Future R.O.W. (Feet) 150 -200 150 N/A N/A 90 N/A Current Number of 4 4 2 2 4 2 Lanes (proposed) Speed Limit 45 35 -45 25 30 -35 45 45 Ownership Marana Marana Marana Marana Marana Marana 14 7 7 ADT (Source, Year) (TOM, (TOM, N/A N/A (PAG, N/A 2011 ) 2011 ) 2010 Capacity (Florida Dept. of 32 15 N/A 15 15 15 Transportation, 2002) Conforms to Width Yes No Yes Yes Yes Yes Standards Surface Conditions Paved Paved Dirt/Paved Paved Paved Paved Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit — 3.11.13 ffl Development Capability Report II -40 Lazy K Bar Ranch Specific Plan 3. Roadway Improvements There are two projects listed in the adopted 2040 Pima Association of Governments Regional Transportation Plan (PAG RTP) within the project area. Both projects are for the Twin Peaks Corridor and one has already been completed. These projects are: • Twin Peaks Road #1 — Sidewinder Lane to Silverbell Road, Widen roadway to 4- lanes, Middle Timeframe (2020- 2030), Pima County, $30,000,000 • Twin Peaks Road #2 — Silverbell Road to new Interstate 10 TI, Construct 4 -lane roadway and bridge over the Santa Cruz River, Early Timeframe (2010- 2020), Marana, $21,456,000 — COMPLETED 4. Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by Traffic from this Site Pima Farms Road at Continental Reserve Loop will be used by vehicles generated by the project. Continental Reserve Loop intersects Silverbell Road which acts as the main arterial for the site and provides access north and south to Twin Peaks Road and Cortaro Road. 5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial Streets, Parks and Schools Four of the project area roads that are within one mile of the project site are designated on the Tucson Bike Map as bike routes. Coachline Road and Continental Reserve Loop are designated as bike routes with a striped - shoulder. South of the Silverbell Road and Twin Peaks Road alignment, both roads have a bike route with a striped shoulder that extends south and east, respectively. North of the intersection of Twin Peaks Road and Silverbell Road both roads are listed as key connecting streets for bicyclists. There are no sidewalks adjacent to the project area. I. Existing Utility Infrastructure There are 2 wells located on the site or within 100 -feet of the site. A 12 -inch water main exists within the Pima Farms Road right -of -way east of Lazy K Bar and was installed as an off -site improvement associated with the development of Ironwood Reserve. The main is stubbed out to the intersection of Scenic Drive and Pima Farms Road. Public sewer infrastructure exists to the north and east. Overhead utility lines exist along Pima Farms Road and Scenic Drive. 88 Development Capability Report II -41 Lazy K Bar Ranch Specific Plan J. Recreation and Trails 1. Open Space, Recreation Facilities, Parks and Trails As shown on Exhibit H.J.1 there is one park, Continental Reserve Community Park, within one mile of the project site. The Pima Farms Trailhead Neighborhood Park, located less than a half mile to the east, is undeveloped and is planned to provide access to Saguaro National Park West from Continental Reserve. Windmill Park and Continental Ranch Neighborhood Park are located northeast of the site, approximately 1.1 miles away. Additionally, the proposed Cascada District Park is located approximately 2.25 miles northeast of the project area. According to the Cascada Specific Plan, the district park will include sports fields, park amenities such as picnic areas and an integrated system of trails providing connectivity to the regional trail system. According to the Town of Marana's Comprehensive Parks, Trails and Open Space Master Plan, there are no existing trails within one -mile of the project site. Approximately one -half mile to the south is the boundary of Saguaro National Park, which features an extensive trail system. The Pack Rat Trail, Scenic Trail and Passey Loop Trail are all located in the northeast corner of the park boundary, east of Scenic Drive. There are multiple proposed trails, including the Anza Trail, within one -mile of the project site and 3 proposed unpaved, single -track trails, concentrated to the east of the development. The three single -track trails are clustered around the southern portion of Ironwood Reserve. There is an existing greenway along Silverbell Road, which is proposed to extend west along Twin Peaks Road. There is an existing offsite north -south trail located west of the property boundary which connects to Sanctuary Cove directly south of Lazy K Bar and eventually to Saguaro National Park (West) and the Tucson Mountain Park. This trail at the base of the adjacent rock outcrops traverses rough and rugged, and at times, steep terrain as it travels further north and especially south toward the base of Sombrero Peak. There are also several remaining on -site pedestrian and equestrian trails throughout the property that were used by the ranch and its guests in the past. None of these trails were ever formally granted public access, nor are they shown on Exhibit H.J. 1: Recreation and Schools. Existing on -site trails can be seen on the aerial shown in Exhibit III.E.1: Land Use Concept Plan, which also shows an existing trail leading up the steep rock cliffs in the southernmost portion of Lazy K Bar that currently connects the ranch house area with existing off -site trail networks. 88 Development Capability Report II -42 Laz K Bar Ranch Specific Plan Exhibit _ll._J.1: Recreation and Schools N&scada O( Park k' Sc res Y_ .6A NA I ON A L/P, A R K W,E ST',-*_2'4,",60 8/acres LEGEND To%uu n r%f " a ren a Specific Plan Boundar Existin Parks Existin Trails NORTH One-Mile Radius Proposed Parks 0 • 0 Proposed Trails FF 0 1500' 3000' L =No rM===PM Jurisdictional Boundar Sa National Park L FILE NAME: schools rec 6x8 MAR-04.mxd Marana Unified School District Marana Future Trails SOURCL: Pima County UIS, 2013 Twin Peaks Elementar Schoo continental Reserve �ner� Neighborhood I Redee �"whbo'rhood Park,, Lutheian*S'bhool _10'acres _a i11 Y Rattlesnake Rid 'Elementar School 4 111 .r-� r 7 mom-low 88 Development Capabilit Report 11-43 Park L_ 6.9 -a s - ..Continental Ranch ' - Communit %_� Park 16.7,acres continental Reserve �ner� Neighborhood I Redee �"whbo'rhood Park,, Lutheian*S'bhool _10'acres _a i11 Y Rattlesnake Rid 'Elementar School 4 111 .r-� r 7 mom-low 88 Development Capabilit Report 11-43 Lazy K Bar Ranch Specific Plan K. Cultural Resources 1. Location of Resources On -Site SWCA Environmental Consultants (SWCA) conducted a Class I cultural resources records review of a 138 -acre property (Lazy K Bar Ranch) in April of 2013. More specifically, SWCA conducted the review to identify potential historic properties (i.e., properties listed in or eligible for listing in the National Register of Historic Places [NRHP]) that have the potential to be affected by the property development. As part of their research on the property, SWCA consulted the AZSITE database, which includes records from the Arizona State Museum (ASM), Arizona State University, the Arizona State Historic Preservation Office, and the Bureau of Land Management, for previously conducted surveys and previously recorded sites in the project area. The records search showed that two archaeological surveys (ASM Accession Nos. 1981- 174.ASM and 1999- 81.ASM) have been conducted in the current project area. No archaeological sites have been previously recorded within the project area (see Figure 2). Project 1981- 174.ASM was conducted as part of the Northern Tucson Basin Surveys (Madsen et al. 1993) and covered the entire current project area. The second survey, 1999- 81.ASM, was conducted in 1999 by Old Pueblo Archaeology as a part of the Pima Farms Development Project (Jones 1999) and overlapped the eastern portion of the current project area. Neither survey identified any cultural resources within the current project area. 88 Development Capability Report II -44 Lazy K Bar Ranch Specific Plan L. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map, displayed as Exhibit ILL. 1. The purpose of the McHarg Composite Map is to highlight areas that are available for development. Refer to Section III Development Plan for more information on how the site plan responds to the site's physical constraints. 88 Development Capability Report II -45 Laz K Bar Ranch Specific Plan Exhibit 11.L.1: McHar Composite Map LEGEND - j Site Boundar Slope ( 15%-25% ) Visibilit ( Low ) 2' Elevation Contour Slope ( >25% ) Note: FEMA Zone X (outside Field Verified IRA .zs Visibilit (Moderate) 100- flood limits) covers Restricted Peaks and Rid Visibilit (Hi entire map area NORTH 0 1 250" 50(7 1 1 r =6.==E1 j FILE NAME: MCHARG EXHIBIT.DWG 18.5X6.5 PIT B Development Capabilit Report 11-46 Ail f - _� - -- � d' � � ��ry�,y +�•��, '. n, ���`_� -ate ,r L. �_ _ � P A •RAC Lazy K Bar Ranch Specific Plan A. Purpose and Intent The Lazy K Bar Ranch Specific Plan establishes the framework for the development of a 138 - acre residential community within the Town of Marana, Pima County, Arizona. The Specific Plan provides a method for applying standards and guidance to ensure that this development meets the needs of the community while appropriately responding to and considering adopted plans, adjacent development, the environment and site - specific conditions. This Development Plan responds to the site analysis, technical research, and community values through the use of regulations or controls to resolve any potential development - related issues. Once approved, the Specific Plan describes the planning considerations for parcels, imposes controls on the development of such parcels and is detailed accordingly in the final plat. The boundaries of this Specific Plan are shown on Exhibit 11.6.1. B. Design Principles and Vision The Lazy K Bar Ranch Specific Plan is intended to be developed in keeping with the following goals and objectives: • Preserve and feature the natural beauty of the site, including the washes, riparian areas and rock outcroppings. • Maximize the spectacular views of Sombrero Peak and the other surrounding peaks and ridges to the south and west, as well as city views to the east from all lots throughout the proposed community. • Minimize cut and fill and avoid development on slope areas to preserve vistas from other properties. • Preserve and feature the historic ranching and guest ranch heritage of the site through preservation of the Mountain Pavilion Terrace (event lawn) and those portions of the ranch house with the highest historical significance, as well as through the use of many of the Lazy K Bar Ranch documents, photographs and objects of interest such as furnishings, a stage coach, signage and other mementos. These items will be catalogued by the owners of the Ranch. • Provide a variety of lot sizes and price ranges of homes through a mix of offerings that are targeted toward "move -up buyers ". • Offer recreational and social opportunities for a variety of age ranges and needs through open space, active and passive recreation areas and neighborhood gathering spaces. • Provide pathways and trails throughout neighborhood affording pedestrian connectivity and access to local public trails and the Saguaro National Park. • Provide buffering for existing residents adjacent to the property through the provision of natural open space adjacent to these areas and on the north through adequate grade differential to reduce the visibility of proposed homes from the sight lines of adjacent residences. • Focus development on existing disturbed areas and selectively revegetate previous disturbance where appropriate. 88 Development Plan III -48 Lazy K Bar Ranch Specific Plan • Provide meaningful open space that allows for wildlife movement across the site while preserving a large portion of the remaining native vegetation. • Create visually appealing focal points throughout the community. • Provide view openings of the majestic mountain backdrop to foster a sense of place and allow for visual amenity. C. Relationship to Adopted Plans 1. Marana General Plan The proposed Specific Plan will conform to the Town of Marana General Plan and the recommendations set forth by regulatory agencies involved in permitting. Lazy K Bar is located within the Planning Area boundary of the Town's General Plan directly west of the Southern Growth Area. Designed to help meet the current and future needs of the Town, the Specific Plan establishes goals and polices that are in line with the Town's General Plan and Strategic Plan. The Lazy K Bar Ranch Specific Plan is in agreement with the overall General Plan, including the following highlighted goals, policies and actions: General Plan Goal, Land Use and Growth Element: Adopt sustainable development as a unifying goal to secure Marana's future Marana's quality of life must be sustained for many generations to come. Conserving open space and protecting undisturbed land promotes an increase in the general welfare and wellbeing of local residents by providing trails for recreation and sport. Open space, including natural vegetation, provides ecosystem services that reduce negative storm water runoff effects like erosion, protect wildlife habitat, and improve water quality by allowing debris and pollution to deposit over undisturbed land. • General Plan Policy Preserve and protect our natural resources in order to promote a sustainable community. • General Plan Action Preserve the Sonoran Desert character by evaluating appropriate site disturbance standards and preserving native plants. Specific Plan Conformance: The Lazy K Bar Ranch Specific Plan leaves a considerable amount of the site undisturbed, preserving nearly 55% of the native vegetation on -site and minimizing the impact on washes. Similar to the Ironwood Reserve subdivision to the east, Lazy K Bar will utilize cluster development to avoid environmentally sensitive areas and provide open space amenity to residents. 88 Development Plan III -49 Lazy K Bar Ranch Specific Plan General Plan Goal, Land Use and Growth Element: Provide opportunities for diverse developments that maximize the benefits to the community The provision of a range of housing types and affordability is necessary to create a thriving community that can accommodate residents of any socio- economic class. By providing housing for residents of all income levels, land uses such as industrial, commercial and office space are complemented with a variety of skilled workers; thus, attracting future development and employment opportunities to the Town. • General Plan Policy Promote new development that is compatible with existing land uses. • General Plan Action Establish appropriate land development designations with densities and intensities that complement existing natural conditions and residential areas. • General Plan Action Develop guidelines for enhancing new development and mitigating potential impacts on existing neighborhoods. • General Plan Policy Provide opportunities for a variety of housing types and economic levels. • General Plan Action Designate a wide range of residential development densities from low density rural to multi - family urban. Specific Plan Conformance: Lazy K Bar is located within the Planning Area Boundary of the Town of Marana's 2010 General Plan and is adjacent to the Southern Growth Area. The land use designation on the property is Rural Density Residential, 0.1 -0.5 residences per acre (RAC). The proposed RAC for Lazy K Bar is 1.29 residences per acre. Marana's 2010 General Plan states that a two -step increase change of the current land use designation will result in a major amendment to the General Plan. The proposed density of 1.29 RAC is a one -step increase change of the current land use designation and is therefore considered a minor amendment to the General Plan. A minor general plan amendment to Master Planning Area to reflect the proposed "F", Specific Plan zoning is being processed concurrently with this Specific Plan. Lazy K Bar will feature high - quality design and development that is compatible with what exists in the area, as well as a range of lot sizes and housing types to accommodate homebuyers at varying "move -up buyer" income levels. According to the 2010 General Plan, there is Rural Density Residential immediately surrounding the site and the vast majority of land to the east is designated as Master Planned Area and is developed at higher densities than what is being proposed by this specific plan. Several residential subdivisions exist within the master planned area east of Lazy K Bar. The property is positioned west of a single - family residential subdivision, Ironwood Reserve, and directly south of unsubdivided, single - family residential large lot homes. To the northeast are the Twin Peaks and the Twin Peaks Highland subdivisions; both are single - family residential, one- and two - stories. Several other subdivisions exist east of the site at varying densities. 88 Development Plan III -50 Lazy K Bar Ranch Specific Plan Table III.C.1: Lot Sizes Developments Lot Square Footage Ironwood Reserve 6 7 12 Lazy K Bar Ranch (Proposed) 7 9 11 The move -up and second move -up homes proposed for Lazy K Bar Ranch will have pricing that starts above Continental Reserve and Ironwood Reserve. It is a product not currently offered in the area and thus meets a plan goal of expanding the upper end price range of housing offered in the area. General Plan Goal, Parks and Recreation Element: Provide a system of developed parks and recreational facilities throughout the community. Access to parks and recreational facilities is an important part of well- functioning communities. Given today's sedentary lifestyles, people need opportunities to engage in outdoor activities. Providing trails and neighborhood parks improves the health of community residents while allowing them to experience the natural beauty of the Sonoran Desert. Improving the general welfare and wellbeing of communities through outdoor recreation helps instill a unique sense of place, and pride in their community, for residents that enjoy the provided amenities. • General Plan Policy Support the development of recreational facilities in new residential areas. • General Plan Action Require neighborhood parks in all new residential developments following standards described in the 2010 Town of Marana Parks, Recreation, Trails and Open Space Master Plan. • General Plan Action Require path /trail easements and constructed elements to link neighborhood parks with residences, schools, and the public path /trail system. • General Plan Action Require Homeowner's Associations to maintain private recreation facilities (neighborhood parks) to the appropriate standard as defined in the 2010 Town of Marana Parks, Recreation, Trails and Open Space Master Plan. Specific Plan Conformance: Lazy K Bar will feature public trail access and active recreation areas. Maintenance of the parks and trails within the project will be the responsibility of the Homeowner's Association, regulated by Covenants, Codes and Restrictions (CC &Rs). For more information, see section IV. E.1. ffl Development Plan III -51 Lazy K Bar Ranch Specific Plan General Plan Goal, Open Space and Trails Element: Protect and preserve natural open space. The vast array of wildlife species that persist along the Tucson Mountains help to create the unique desert landscape so beloved by those in the Town of Marana. Maintaining critical wildlife habitat and linkages for species movement is an important part of their persistence in the future, especially considering that each species has its own unique habitat requirements, migration patterns and range. • General Plan Policy Develop a connected system of natural open space preserves that protect wildlife habitat, wildlife linkages, and cultural resources. • General Plan Action Preserve, protect, or conserve areas of high -value habitat and wildlife movement linkages as identified in the Marana Draft Habitat Conservation Plan (HCP) and the Marana Parks, Recreation, Trails, and Open Space Master Plan. • General Plan Action Preserve Natural Undisturbed Open Space (NUOS) to maintain wildlife access and movement within and through development sites that are subject to discretionary land use actions, as described in the Draft HCP. • General Plan Action Preserve and protect existing natural drainage systems as identified in the Marana Draft HCP riparian map. • General Plan Policy Create protected continuous open space linkages and viable wildlife corridors throughout the community. • General Plan Action Protect the viability of wildlife corridors mapped in the Draft HCP, using innovative site planning and design. Specific Plan Conformance: Lazy K Bar is designed to concentrate grading activities towards already disturbed areas of the site. Focusing development efforts away from greenfield development (undisturbed, naturally occurring areas) helps avoid encroaching onto the streams that traverse the property, protects wildlife corridors identified in the Town of Marana's Habitat Conservation Plan, and preserves native vegetation and drainageways. The total amount of open space in Lazy K Bar is 55 %. 2. Marana Strategic Plan The Lazy K Bar Ranch Specific Plan is a master planned community in the Town of Marana consisting of 138 acres of property just west of the Continental Reserve and Ironwood Reserve residential communities. The purpose of the Specific Plan is to establish a development plan, regulations and performance standards specific to providing the flexibility and specificity needed to guide the property's development in a manner befitting its unique setting and character. 88 Development Plan III -52 Lazy K Bar Ranch Specific Plan The Lazy K Bar Ranch Specific Plan supports the five areas of the Marana Strategic Plan: Commerce — Construction of proposed community will provide jobs as well as revenue to the Town through construction sales tax and development services fees. Community — This new residential community will provide new housing choices in the popular Continental Ranch area, attracting new residents to the Town. Offering larger lots and higher end housing options creates a logical transition in housing product type and price when moving west through Continental Ranch past the Continental Reserve and Ironwood Reserve communities. Careful development of the site as a gated enclave will ensure the preservation of the more environmentally sensitive areas beyond the site, as well as the suburban lifestyle of existing residents. Heritage — The historic ranching and guest ranch heritage of the site will live on through the continued use of the Lazy K Bar name, the preservation of the Mountain Pavilion Terrace and hardscape, those portions of the original ranch house with the highest historical significance, and through the use of many of the Lazy K Bar Ranch documents, photographs, objects of interest, signage and other mementos. Progress /Innovation — Dedication to a conscientious approach to responsible development, high - performing homes and cost saving for potential future homebuyers reflects the intent of the Lazy K Bar Ranch Specific Plan. The community will strive to incorporate sustainable building practices such as the use of energy efficient construction materials and appliances as well as innovative site design conservation techniques to decrease energy usage, minimize impact to the environment, conserve water and promote healthy lifestyles. Recreation — The development plan proposes a variety of open space and recreation opportunities for all ages of its residents, ranging from active and passive recreation areas to natural open space areas and trails. A proposed internal loop trail will connect to the trail along the northern boundary, offering ample opportunity to enjoy a superb hike and breathtaking views. Although short, the trail along the northern boundary proposed for preservation follows a path through an existing stand of saguaros, many of which will be preserved through the undisturbed open space provided along the northern boundary. The trail will also be slightly lengthened through the provision of both an internal trail connection and a public trailhead located at the northeast corner of Lazy K Bar. The trail along the north boundary will be the only publically accessible trail located onsite. D. Compatibility with Adjoining Development and Location Restrictions ffl Development Plan III -53 Lazy K Bar Ranch Specific Plan 1. Adjoining Development Compatibility The specific plan area is located on the western edge of a master planned area with several subdivisions within one -mile of the project site. The master planned communities Continental Ranch and Continental Reserve comprise much of the developed land to the east. Other subdivisions in close proximity to Lazy K Bar include Ironwood Reserve, Twin Peaks Highland, Silver Moon, Twin Peaks, Sierra Crest, Sunset Ranch Estates and the Stoneridge subdivision. Coupled with retail and big box stores near Cortaro Road, these subdivisions lend themselves to improving economic development within the Town of Marana. Sanctuary Cove, owned and operated by All Creeds Brotherhood, is a scenic area with trails and a chapel for the public to enjoy. The chapel is located over 500 feet south of the rock outcrops along the south boundary of the project area. Ironwood Reserve, a single - family residential subdivision, with one - and two -story homes and 2.0 RAC, is immediately adjacent to the east of Lazy K Bar. Similar to Lazy K Bar Ranch, Ironwood Reserve successfully implemented open space into the subdivision's design while preserving environmentally sensitive areas like washes running through the site. In comparison, however, Lazy K Bar Ranch will be less dense with a gross density of 1.29 RAC. Both Twin Peaks and Twin Peaks Highland, located to the northeast of the site, are single - family residential subdivisions with one- and two -story homes. The gross density of those two subdivisions is 3.4 and 4.0 RAC, respectively. E. Land Use Concept Plan The Lazy K Bar land use concept plan responds to site - specific conditions and environmental constraints as identified in the site analysis. The plan consists of 178 single - family residential units with a density of approximately 1.29 designated units per acre (See Exhibit III.E.1: Land Use Concept Plan). The developer proposes three distinct product types on varying lot sizes to meet the unique needs, preferences and lifestyles of Arizona homebuyers. The smallest proposed lot size, located in the eastern portion of the site, is 7,200 square feet with dimensions of 60'x120. Homes in the middle of the site have a proposed lot size of 9,100 square feet (70'x130') and the higher elevation lots in the western portion of the site have the largest lot size; 11,200 square feet with dimensions of 80'x140'. Consistent with the goal of creating three distinct neighborhoods with individual character, the developer's product designs will consider current homebuyer lifestyle preferences, timeless rather than trendy exterior styling, incorporation of popular elements drawn from the developer's extensive customer experience, and a commitment to crafting inviting neighborhoods and distinctive places. The developer will build energy efficient homes using innovative construction techniques and materials. Lazy K Bar Ranch already exhibits 49% disturbance from previous grading and development. The greatest areas of disturbance are concentrated around the center of the specific plan site, extending west and northeast. Currently, the center of the site is dedicated to infrastructure for supporting ranch operations, including: covered horse stalls and stables for housing livestock, tack room for storing supplies, housing for staff, casitas for guests, a barn, store and pool to accommodate guests using the ranch. 88 Development Plan III -54 Lazy K Bar Ranch Specific Plan The proposed development of Lazy K Bar includes setting aside a large portion, approximately 55% of the total project area for open space. The development is designed to minimize disturbance of the on -site washes and riparian habitat by limiting development in those areas to wash crossings for roadways, and focusing residential development on the remainder of the site and primarily on already disturbed areas. Native plant species left intact will serve as habitat for Sonoran Desert fauna, providing visual amenity to residents in Lazy K Bar. Every lot in the community will have a backyard facing natural desert open space; this open space will be complemented by avoiding development on areas with slopes greater than 15 %, preserving wildlife corridors, reducing development that encroaches on the two drainageways that lead out of the specific plan area to the north, and concentrating development on areas that have already been historically disturbed. A community recreation area, surrounding the existing ranch house, will serve Lazy K Bar residents along with the other preserved open spaces and trails. The Lazy K Bar Ranch Specific Plan will safeguard a portion of the historic nature of the property. The plan preserves, at a minimum, the original stone house portion of the larger ranch house lodge. This historic structure anchors the community to tie it to the property and Marana's rich historic past. The community will be accessed from Pima Farms Road, a 2 -lane minor collector, to the east of the site. Pima Farms is intersected by Scenic Drive, immediately adjacent to the eastern boundary of the specific plan. The only point of public access to Lazy K Bar is serviced by Pima Farms Road; therefore existing residents to the east including those in the Ironwood Reserve development will be affected by traffic from Lazy K Bar. By driving towards Silverbell Road, away from the site, Lazy K Bar residents will have access to Interstate 10 and other north -south major arterials, providing a range of alternate routes for shopping, work, and leisure activities. Table 111.E: Land Use Data Area Description Area Percent Area (acres) Total Site Area 138.2 100 Residential Lots 45.79 33.1 OPEN SPACE 76.01 55 • N.U.O.S. 34.55 25.0 • General Open Space 39.08 28.3 • Recreation Area 2.38 1.7 Private Streets 16.40 11.9 ffl Development Plan III -55 Lazy K Bar Ranch Specific Plan 2,G10.79' ■ �i r r r s i••• y- — Nff - V � O TRAILHEAD • ! • • • ! • • • ! ! • • • • • ! • • ! • • • • • • • • • • • • ! ! • ! • •• • • • • • • • ! • •! _ ` _,' ,� o & POTENTIAL • • • • % , `! • ----- • N . PARKING t j ` EGRESS ONLY LE L _ (SCENIC DRIVE AND NORT HBOUN D, +°' IF -ACCESS OPEN} 4 ' RA (TYP) --- - -- ? - -� ROW+DEDICATION L - Lr(SCENIC DRIVE) OS (TYP) i /{ , - - — EL "x\ <\ ,, J RA (TYP) RA(TYP) I /; X RA(TYP) d - - - - PIMA FARMS ROA A. Exhibit III.E.1: Land Use Concept Plan END � m m � PROPERTY BOUNDARY ------------- - - - - -- IMPORTANT RIPARIAN AREA (IRA) 304' SETBACK. PROTECTED PEAKS AND RIDGES 00000000 PUBLIC TRAIL (FUTURE TRAIL EASEMENT 1) PRIVATE TRAIL NATURAL PATH (4') SIDEWALK (4') +� }] CURB RAMP RECREATION AREA = 2.38 AC OPEN SPACE RESIDENTIAL AREA, 80'140'= 66 LOTS RESIDENTIAL AREA, 70'X130' = 45 LOTS RESIDENTIAL AREA, 60'X120' = 67 LOTS TOTAL LOTS = 178 w ' F NOTES L I � 1 AREA OF SUBJECT PROPERTY 138-2 AC 2. 4. 4' 6. LAZY K BAR RANCH EXISTING ZONING = RECREATIONAL RESORT PROPOSED ZONING = LAZY K BAR RANCH SPECIFIC PLAN OPEN SPACE (OS) 76.01 AC, 55% OF SITE NUOS = APPROX 25% OF SITE RESIDENTIAL AREA (RA) = 62.19 AC, 45% SITE . xa THEPLANNING GY<O.IF,7 Lk l f AIF�M112;14 FILE NAME: UB01 KNDMASE- E1.DYlG Development Plan III -56 Lazy K Bar Ranch Specific Plan F. Circulation Plan Ingress /Egress will be provided at a main gated location at Pima Farms Road and Scenic Drive. It is approximately 1.25 miles from Silverbell Road. A gated egress -only street, which will be the full proposed right -of -way width, is located at the northeastern corner of the site, providing a secondary access to Scenic Drive. All electronically controlled access gates including the main gate, shall be provided with an optical pre - emptive device with key switch back up approved by the fire code official. In accordance with the 2012 International Fire Code, the developer will also be responsible for installing no parking signage in accordance with the fire code and inclusion of the optical pre - emptive device and key switch for all street sections not meeting minimum widths including all cul -de -sac turnarounds. Either minor modifications to the proposed road layout will be needed to meet the separation requirements for fire apparatus access roads outlined in Section D 107.1 of the 2012 International Fire Code or all new homes will be equipped with an automatic fire sprinkler system to qualify for the design exception in the adopted fire code. Interstate 10 is approximately 3 miles east of the site. North /south movements can be made by utilizing Scenic Drive (southbound travel terminates at base of the Tucson Mountains) or Silverbell Road to the east of the site. There are no off-site right -of -ways proposed for the site because access is already established through Pima Farms Road, with more than adequate existing capacity. It is worth noting that the average daily trips (ADT) entering and exiting Lazy K Bar Ranch based on 178 single - family detached homes is vastly lower than the ADT associated with a 600 -room hotel. The current zoning designation of Resort and Recreation would allow a 600 -room hotel or resort on the property. According to the 9t Edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual, a 600 -room hotel would result in 5,352 vehicle trips per day (solely for the hotel, without consideration of activities geared toward non - overnight guests in the ballrooms and restaurants) compared to 1,780 daily trips for 178 single - family detached residences. In order to improve regional circulation and to enhance project access, a 60 foot right of way will be dedicated along the eastern boundary of the project to provide for the reconnection of Scenic Drive to Pima Farms Road. The developer will enter into a development agreement with the Town of Marana providing for the developer to construct a new 24 foot width two lane public roadway connecting Pima Farms Road to Silverbell Road. The development agreement will additionally provide for reimbursement for a portion of the costs associated with constructing the new roadway and will additionally provide for construction of an earthen trail along Scenic Drive and for a public trail easement within the project. A Traffic Impact Analysis was prepared by Southwest Traffic Engineering, LLC and submitted under separate cover. Development Plan III -57 Lazy K Bar Ranch Specific Plan G. Grading Element Grading is directed to selected areas of the Lazy K Bar Ranch Specific Plan project area. After 85 years of intense guest ranch use on this site, it is impossible to credibly identify any significant undisturbed areas on this property. Grading will impact 45% of the site, leaving approximately 55% of the specific plan area undeveloped. The following indicates the size of each area graded and the percentage of the site. The overall allowable grading and related disturbance includes internal roadways and their right -of -way, building pads, driveways, accessory structures, utility crossings of natural washes, emergency access and other areas needed for infrastructure and utilities. Barriers such as temporary yellow rope or similar methods will be provided for machinery in order to ensure that the grading limits will not be exceeded and will be constrained to the areas designated for disturbance. The grading will be done in conformance with the Land Use Concept Plan and the Development Regulations of Lazy K Bar. In accordance with Title 25 of the Town of Marana Land Development Code, a Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to ADEQ for coverage under the Arizona Pollution Discharge Elimination System (AZPDES) Construction General Permit is required and will be submitted to the Town for review and acceptance prior to commencement of grading activities. H. Post Development Hydrology 1. Land Use Concept Plan Response to Hydrologic Characteristics: The primary design components for the project drainage structures will be for the facilities to convey off -site drainage through the project site. The project will utilize constructed channels or storm drain pipes and on -site detention basins. Ultimately, on- site stormwater runoff to the downstream project boundaries will be conveyed in a way that closely mimics existing drainage patterns. Finished floor elevations will be one foot above the established base flood elevations of adjacent floodplains. The off-site flows from the Tucson Mountain watersheds will be collected in channels directing the runoff around the project site. The post - developed 100 -year floodplains within the project boundaries will be contained within the constructed channel. These channels will vary in depth from 3 to 6 feet below existing grade and have a longitudinal slope greater than 0.5% (min). The channels will have side slopes ranging from 3:1 to 1:1. For the slopes steeper than 3:1 or greater, slope protection such as dumped rock, gunite or grouted rock riprap will be provided for erosion control (See Exhibit 111.H. 1: Post - Development Hydrology). The constructed channels will direct the stormwater flows to the northeast corner of the project site where it uniformly sheetflows off the project site into natural channels. This project is located within The Town of Marana and is required to comply with all drainage requirements set forth by the Town. This project is located within a balanced basin. As a result of being in a balanced basin, reduction of the post - developed runoff, to pre - developed levels, by means of retention and /or detention will be required for this Development Plan III -58 Lazy K Bar Ranch Specific Plan project to the extent necessary to ensure that, at a minimum, the post - development 2 -, 10 -, and 100 -year peak discharges from the site will not exceed the pre - development conditions. Also, the project is a residential development larger than one acre in size, but has a density less than three units per developed acre. Therefore, the project site will not be required to meet the design requirements for the 5 -yr threshold retention. The detention volumes for the project will be addressed during the platting and improvements plans within the Lazy K Bar Ranch Specific Plan area. A master drainage report will be a requirement for the development of this project. 2. Information and Substantiation for Encroachment /Modification of Drainage Patterns: The project site is located in a Zone X as illustrated on the Revised Preliminary Flood Insurance Rate Map (FIRM) panel 04019C1 650L, June 16, 2011 (see Exhibit II.D.2.b.1: FEMA FIRM). Although there is no on -site FEMA floodplain encroachments; according to the Town Of Marana Floodplain Ordinance, all non -FEMA washes greater than 50 cfs need to be mapped on -site for stormwater flows exiting and entering the project site. The encroachments into these non -FEMA floodplains for purposes of this ordinance, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one (1) foot where the owner of the land doing the development owns both sides of the floodplain and no more than 0.1 foot where only one side is owned. In no case shall the development increase the water surface elevation more than 0.1 foot on the properties owned by others that are located upstream and downstream. 3. Potential Drainage Impacts to Off -Site Land Use Upstream and Downstream: The post - developed stormwater runoff discharges will be the same as it is under existing conditions. The channelization of the off -site stormwater flows will concentrate the stormwater within the channel. These channels will be designed to release the stormwater downstream mimicking the existing floodplain width, depth, and velocity. The peak discharge flow rates exiting the project site will not increase since the project will comply with the Town of Marana retention /detention requirements. This development will not increase the water surface elevation to downstream facilities more than 0.1 foot. 4. Engineering and Design Features to be used to Address Drainage and Erosion Problems: The lot layout was designed to largely maintain existing drainage patterns. No lots shall be platted within the locally regulated, developed conditions floodplain or erosion hazard setback areas as delineated in the final accepted drainage report. The maximum increase in the existing water surface elevations due to encroachment is Development Plan III -59 Lazy K Bar Ranch Specific Plan limited to one (1) foot where the owner of the land doing the development owns both sides of the floodplain and no more than 0.1 foot where only one side is owned. Surface drainage will be prohibited from draining onto the roadway surfaces within Lazy K Bar. The conveyance of runoff through the proposed development will be accomplished by a system of concrete, metal or H.D.P.E. pipes and concrete box culverts, channels, catch basins, sidewalk scuppers, and retention /detention basins. All hydraulic structures, constructed drainage channels, and retention /detention basins will be calculated in conjunction with the platting and improvement plans. Riprap aprons may be used to control erosion at culverts, channels, or basin outlets. Vegetation may also be used to enhance channels, but preservation of natural channels is not possible since none exist on the site. 5. Land Use Concept Plan Conformance with Area Plan, Basin Management Plans and Town Policies: The design and management of all hydraulic structures and facilities will be in compliance with the Town of Marana drainage standards and policies. The development will not adversely impact the parcels up and downstream of the site and retention will be provided. Development Plan III -60 Lazy K Bar Ranch Specific Plan I. Environmental Resources 1. Waters of the United States The applicant is currently preparing a request to the U.S. Army Corps of Engineers (Corps) to make a determination of the jurisdictional status of drainage features on the property under Regulatory Guidance Letter (RGL) 08 -02, in which the Corps determines only which features have the potential to be waters of the U.S. (Waters) in a preliminary jurisdictional determination (PJD). If a Corps of Engineers 404 Clean Water Permit is required, the project will have a federal nexus and all cultural resource reviews will need to be sent to the State Historic Preservation Office (SHPO) for review. Grading permits will not be issued by the Town until it is determined that all federal permit requirements have been met. 2. Federally Endangered Species and Other Special Species There are no federally endangered species or other special species present on the project site. 3. Wildlife Corridor The site has been designed to preserve remnant wash areas and vegetation that may be utilized as corridors for the movement of wildlife. To enable wildlife use of the washes, culverts shall be sized to accommodate smaller wildlife species. A search of the AGFD HDMS identified the presence of 2 wildlife corridors within 3 miles of the specific plan site; the Coyote — Ironwood — Tucson Linkage Design and the Tucson - Tortolita — Santa Catalina Mountains Linkage Design. This link is depicted by Beier et al. (2006) as covering broad areas, without specific paths through the areas defined. The Town of Marana HCP states that the Tucson — Tortolita corridor extends from the western portion of Saguaro National Park to the Tortolita Fan to the east. Thirty days before grading, a 100% area survey must be completed, by a qualified wildlife biologist, for the Sonoran Desert Tortoise, with a copy of the survey form sent to the Town prior to issuance of a grading permit. J. Landscape &Buffering The overall landscape theme will reflect the best attributes of the Sonoran Desert and the site's surrounding environment. Native and low -water use plant material (that is deemed non- invasive in character), as well as regionally appropriate hardscape materials will be used within the park, landscape buffers, and common areas. Nearly 55 percent of the site will be preserved. 3 Beier, P., E. Garding, and D. Majka. 2006. Arizona Missing Linkages: Tucson — Tortolita — Santa Catalina Mountains Linkage Design. Report to Arizona Game and Fish Department. School of Forestry, Northern Arizona University. Development Plan III -62 Lazy K Bar Ranch Specific Plan Buffers and common areas will reflect the plant palette and appearance of the native desert that dominates the site and honor the cultural and historical relevance of the previous Lazy K Bar. All planting in common areas as well as on private property will adhere to the Lazy K Bar Prohibited Plant List (Table III.J). Residents and visitors to the Lazy K Bar community will be greeted by a mixture of rustic amenities and materials aesthetically balanced with the appropriate low water use vegetation. Landscape amenities may include items such as: • Custom gated entry (reflecting cultural heritage of the ranch) • Landscaped roadways and medians • Lazy K Bar Community Ranch House (preserved original stone ranch house) • Lazy K Bar Mountain Pavilion Terrace (event lawn) preserved for gatherings • Pathways and trails throughout neighborhoods providing pedestrian access throughout the entire community To the extent practical, the majestic views of the surrounding rock formations, Tucson Mountains, and the city lights will be preserved and given high priority. The conservation of water will be an important priority with the landscape design. Underground drip irrigation will serve the low water use plants within the park and selected common areas. Screening will be accomplished through the use of preserved and planted vegetation as well as site layout and orientation. Homes backing up to natural areas with sufficient existing vegetation and screening will have the option of installing view fences along the rear of the lot. Lazy K Bar development shall prohibit the planting of desert adapted plant species that have been proven to have the potential for invasive characteristics. Such plants shall be prohibited in public common areas as well as on private property (front, back or side yards). The following plant species are prohibited in Lazy K Bar development within common areas and private areas for both environmental and aesthetic reasons. Development Plan III -63 Lazy K Bar Ranch Specific Plan Table III.J: Lazy K Bar Prohibited Plant List Botanical Name Common Name TREES Ailanthus altissima Tree of Heaven Cedrus sp. Cedars Cupressus semperviren Cypress Eucalyptus sp. Eucalyptus Gleditsia triachanthos inermis Honey Locust Grevillea robusta Silk Oak Olea europaea Olives Oleander sp. Oleander Parkinsonia sp. (non- natives) Non - native Palo- Verdes Phoenix sp. Date Palms Pin us sp. Pine Trees Populus Sp. Cottonwood Trees Proposis sp. (non- natives) Chilean, Argentinean or hybrid Mesquites Rhus lancea African Sumac Tamarix aphylla Athel Tamarix ramosissima Salt Cedar Washintonia sp. Fan Palms SBRUBS /ACCENTS Non - native Ice Plants Arundo donax Giant Reed Asteraceae sp. African Dais Baccharis sp. Desert Broom Brassica tournefortii Sahara or African mustard Bromus rubens Red Brome Caesalpinia gillesii Yellow Bird of Paradise Caesalpinia pulcherimia Red Bird of Paradise Casuarina sp. Beefwood Centaurea melitensis Malta starthistle Cortaderia selloana Pampas Grass Cynodon dactylon Non-hybrid bermuda Eragrostis lehmanniana Lehmann love grass Eragrostis barrelieri Mediterranean grass Erodium sp. Filaree Hydrilla sp. H d ri I l a Lantana camara Lantana Myriophyllum aquaticum Feather Top or Parrott Feather Myriophyllum spicatum Eurasian watermilfoil Peganum harmala African Rue Pennisetum ciliare Buffel rass Pennisetum setaceum Fountain Grass Development Plan III -64 Lazy K Bar Ranch Specific Plan Pennisetum sp. Pe n n i setu m Rhynchelytrum repens Natal grass Salvinia molesta Giant salvinia Schismus arabicus Arabian grass Sorghum halepense Johnson grass The vetia sp. Thevetia Vinca Minor Periwinkle 1. Native Plant Preservation A Native Plant Preservation Plan (NPPP) shall be prepared in accordance with the provisions set forth in the Town of Marana Land Development Code. The site layout has been designed with concern for the site's topography, hydrology, and the riparian washes running through the site. Development Plan III -65 Laz K Bar Ranch Specific Plan Exhibit 111.J.1: Landscape and Bufferin 2,610,79' PRO P OSED,. TRAIL As LAN DSCAPE BUFFERS & 0* 100'LANDSCAP BUFFER --, /* 0! & POTENTIAL PA 0008906*680 0 1, 61 _ E 0 0 RKING HISTORIC OPEN SPACE • LEGEND �j �! ff ~ �� -- EGRESS ONLY 'NORTHBOUND. (SCENIC DRIVE PROPERTY BOUNDARY 0 -- ----- N ------------- $'OPEN)' OUTHBOU D ------------------- IMPORTANT RIPARIAN AREA (IRA) --------------------------- HEAD 300'SETBACK: PROTECTED PEAKS AND RIDGES DEDICATION F-1 [SCE DRIVE) ***ease& TRAIL: PUBLIC (FUTURE TRAIL EASEMENT 1) f TRAIL' PRIVATE ---- --------- ' /' - -� -- � NATURAL PATH (4') r ', 1� y -~ -� -" ' r " I �i r r f �1 1 - -- - - ■ o .. ± HISTORICALLY DISTURBED AREA: A ' ! I /� \ Y // { ��-` I , ; r .� ,•.. APPROX 67 AC " -- 1 r -_� ` HISTORICALLY UNDISTURBED AREA: APPROX 71AC M � r � ; r r ` , _ '� � - -- �- � _ -- .� � LANDSCAPE BUFFER 5 BUFFER >/ < < PIMA FARMS ROAD "w X jL r LLJ 7xJ7 &AUX146 : F \ z ` HISTORICALLY DISTURBED AREA:-(TY�F) NOTES 79 1. AREA OF SUBJECT PROPERTY 7138.2AC 2. EXISTING ZONING= RECREATIONAL RESORT \< /> J —_j 3 PROPOSED ZONING = LAZY K BAR RANCH SPECIFIC PLAN 4. OPEN SPACE (OS) = 76.01 AC, 55% OF SITE T-7 T —7 T T-7 T —F 1 5 NUOS = APPROX 25% OF SITE _ r / \ �r� 1 _( - > A --L 6 RESIDENTIAL AREA (RA) 62-19 AC;, 45% SITE 5r 5 100 LANDSCAPE BUFFER 6u 4- 330.99' % LAZY K BAR RANCH C . 100. 203' TFiEPLANNINGCENTER 11LEN-1i LKW d.--- Development Plan 111-66 Lazy K Bar Ranch Specific Plan K. Cultural Resources On April 8, 2013, SWCA, Inc., Environmental Consultants conducted an archaeological survey of approximately 138 acres of the subject property. Prior to fieldwork, SWCA conducted a site field search of the on -line AZSITE database for records of previously conducted cultural surveys and known archaeological sites within or near the project area. The search revealed that the project area had previously been surveyed twice, in 1981 and 1999. No previously recorded sites were located within the parcel. SWCA recommends no further archaeological work for the surveyed parcel. Although no archaeological sites were discovered on the property, the developer plans to preserve cultural artifacts representative of the site's heritage as a ranch and homestead. Some features, such as the bench with stagecoach wheels, may serve as functional components for the use and enjoyment of community residents. Others items such as the blacksmith's anvil with stand or the horse drawn coach, may be on display in the outdoor recreational areas to provide historic interpretation of the Lazy K Bar heritage. The original stone ranch house, which is being preserved on -site, may also display historic photographs, wrought -iron ranch implements, antique furniture and light fixtures (wagon wheel chandeliers) and historic signage. L. Utilities 1. Water As shown on Exhibit 11.6.4. Existing Land Uses, there are 2 wells located on the site or within 100 -feet of the site. The water supply for the Lazy K Bar site will be provided by the Town of Marana which has been designated by the state of Arizona Department of Water Resources as having an assured water supply; therefore, water supply is assured. A water service agreement, Exhibit 111.L.1: Water Service Letter, is required to establish service to the property. Off -site improvements to connect to the existing system, well sites and storage tanks will need to be considered along with the infrastructure to serve the proposed development. A 12 -inch main exists within the Pima Farms Road right -of -way east of Lazy K Bar. This main was installed as an off -site improvement associated with the development of Ironwood Reserve. The main is stubbed out to the intersection of Scenic Drive and Pima Farms Road and is intended to serve development up to an approximate elevation of 2216 -feet. Construction of a booster station is anticipated to be necessary to serve the higher elevation portion of the site. Fire flow for residential construction shall be provided by fire hydrants that have been designed, installed, tested and approved for delivering the minimum fire flow as required by Section B 105.1 of the 2012 International Fire Code prior to the introduction of combustible construction on the site. Development Plan III -67 Laz K Bar Ranch Specific Plan Exhibit 111.L.1: Water Service Letter n MARANA TOWN OF MARANA WATER DEPARTMENT Ma 9, 2013 Jason Weber Maraca Homes 15160 N. Ha Rd. Scottsdale., AZ 85260 Project: Laz K Bar Ranch 142.36 acres Dear N-ir. Weber: WATER SUPPLY The Town of Marana has been desi b the State of Arizona, Department of Water Resources, as .0 havin an assured water suppl This does not inean that. water service is currentl available to the proposed development. The development lies boundar of the Town of Marana water service area. Therefore, water suppl is assured. WATER SERVICE The approval of water meter applications is subject to the availabilit of water service at the time an application is made. The developer shall be re to submit a water development a identif water case, fire flomp re and all ni on-site and off-site water facilities. The developer small construct a water distribution s to serve the development and transfer title of the s to the Town of Marana, in consideration the Town of Marana shall operate, maintain and service the s The developer shall have the cost responsibilit to construct both the onsite and offsite facilities re to serve the potable water and fire protection demands for y our development. The comments hercin made are valid for a period of one y ear onl If y ou have any q uestions, please call Our office at 520-382-2570. Sincerel John Kmiec Utilities Director 5100 W INA ROAD = TUCSON, ARIZONA 85743 = PH: (520) 382-2570 = FAX 382-2590 TTY: 382-3499 Q A . :0) J*WA'ZR% I IV F Development Plan 111-68 Lazy K Bar Ranch Specific Plan 2. Wastewater The plan is to be served by public sewer. The project site is tributary to the Ina Road Wastewater Reclamation Facility, via the Continental Ranch Interceptor. There are a few apparent options available to provide sewer service for the Lazy K Bar project. The first option is construct approximately 3,200 lineal feet of 8 -inch sewer north within the Scenic Drive alignment and tie into the 8 -inch sewer (G -97 -128) stub constructed as part of the Twin Peaks subdivision. This option allows the entire Lazy K Bar project to be served by the construction of only one outFall off -site sewer line. Capacity within the G -97 -128 line will need to be confirmed. This option is the most straightforward approach to providing sewer service to Lazy K Bar. The second option is to tie into the 10 -inch gravity main sewer (Manhole #4431 -33) line, G- 2000 -001 at the intersection of Sand Dune Place and Pima Farms Road. This option requires constructing approximately 2,700 lineal feet of 10 -inch sewer within Pima Farms Road. The majority of Lazy K Bar can be served by constructing this off -site line. There are, however, approximately 50 lots within the northeast corner of Lazy K Bar that will likely be too low in elevation to be served by this outfall sewer. We understand that capacity is limited within the 8 -inch sewer G- 2004 -054 within Ironwood Reserve. Connection to this sewer through the Ironwood Reserve common area may be a viable alternative to constructing the Option One Scenic Drive sewer to serve the lots in the northeast corner of Lazy K Bar. The G- 2004 -054 sewer appears to be of sufficient depth and the Ironwood Reserve common area allows for public sewer installation as stated within the Final Plat dedication language. A thorough review of the conservation easement and Pima Farms Road vegetation buffer dedication language should be conducted to confirm feasibility for this option. A Sewer Service Agreement will be needed prior to development, see Exhibit 111. L. 2. a: Existing Sewer Facilities and Exhibit 111. L. 2. b: Wastewater Capacity Response. The sewer master plan and agreement will be reviewed and approved by Pima Regional Wastewater Reclamation Department. 3. Private Utilities Tucson Electric Power (TEP) provides electricity to this area of Pima County. It is anticipated that TEP will provide power to the site. It is anticipated that Century Link will extend phone service to the site. Alternatively, the site may use wireless communications that can be provided by any number of service providers. It is anticipated that natural gas service will be offered and provided in the development of the property, but shall not be required. It is anticipated that service would be provided by Southwest Gas. Development Plan III -69 Lazy K Bar Ranch Specific Plan Electricity, natural gas, telecommunications and cable services will be extended to the project site at the time of development through agreements with individual utility companies. The following utility companies currently serve this area: Electricity: Tucson Electric Power Natural Gas: Southwest Gas Corporation Telephone: Century Link Cable: Comcast 4. Sanitation and Recycling Services A number of private sanitation service providers may be contracted to serve the site with comprehensive trash and waste removal, recycling and environmentally safe waste management services. Development Plan III -70 Laz K Bar Ranch Specific Plan Exhibit III.L.2.a: Existin Sewer Facilities 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'a 0 0 o 0 0 0 0 0 0 0 0 0 0 01 0 6P 0 0 0 0 0 0 0 7 A I G-97-12818 �3 0 0 0' 0 0 0 0 0 0 0. 0 00 0 0, 0 8 0 0 0 0 U F- a) 0 0 CO 0 (5) c 0 0 0 ti" 0 G-2004-0547 801'1-�9) C bO 0 0 00 0 0 0 6C& 0 0 0 Pima Farms Road 0 0 0) ,60 #4431-33 0 0 0 b 0( 0 0 G-2000-'Oo1 loll � C 1%00 0 jl I' & D C 0 0, V 0 0 "'0 .0 '(5) 0 0 L01 LEGEND Specific Plan Boundar 0 Manholes Sewer Network WH I H 0. 550' FILE NAME: ublities 6A MAR-04-mxd SOURCE,- Pima Count GIS,2013 Development Plan 111-71 Laz K Bar Ranch Specific Plan Exhibit III.L.2.b: Wastewater Capacit Response Pima Count Re Wastewater Reclamation Department 201 N. Szofie Ave., 8" Floor jackson enkins Tucson, Arizona 85701 Website, Director ( 520 ) 724-6500 htt Ma 22. 2013 Linda Thompson The WILB Group 4444 E. Broadwa Tucson, AZ 85711 Sewera Capacit Investi No.1 3-108 T I RE, Laz K Bar Ranch, 209 Residential Lots on Parcel # 221-22-0136, -013E & -013F Projected ADWF of 45,144 g pd. Greetin The above referenced project is tributar to the Ina Road Wastewater Reclamation Facilit via the Continental Ranch Interceptor. Capacit is not available for the flows from this proposed development in the 8-Inch public sewer G- 2004-052 Flows can be accommodated in the 10-inch public sewer G-2000-001 downstr-mam from manhole #4431-33. at Pima Farms Road and Sand Dune Place The developer will need to extend the public sewer approximatel 2,700 feet to the project_ This letter is not a reservation or commitment of treatment or conve capacit for this pro It is an anal of the s and valid for one y ear. A T 11 Response is re prior to submittal of the development plan or tentative plat. Allocation is made b the T III Capacit Response, If further information is needed, please feel free to contact us at ( 520) 740-6534- e espe spe en F P PCRWRD yo � Section BF-ks c.- T12S, R12E, Sec. 29 6 Vy Development Plan 111-72 Lazy K Bar Ranch Specific Plan M. Public Services 1. Police Service The project site will utilize the Town of Marana's police service. The nearest Town of Marana police station is the Town of Marana Police Headquarters located approximately 7.2 miles northwest of the project site at 11555 West Civic Center Drive. 2. Schools It is anticipated that this project will generate approximately 178 residential units if fully developed at the target residential densities. Lazy K Bar is located within the Marana Unified School District (MUSD). MUSD provided the following multipliers to use for student enrollment projections. (MUSD multipliers do not distinguish between different housing projects): Elementary: 0.25 students per home (0.25 x 178) = 45 students Junior High &High School: 0.10 students per home (0.10 x 178) = 18 students The site will be served by Marana High School, Marana Middle School and either Rattlesnake Ridge Elementary or Twin Peaks Elementary. There are two public schools within one -mile of the project site and one private school, Redeemer Lutheran School located approximately one half -mile mile east of the site at 8845 N. Silverbell Road. See Exhibit II.J.1: Recreation and Schools. The nearest public schools are Twin Peaks Elementary School, located approximately 0.8 miles from the project area at 7995 W. Twin Peaks Road, and Rattlesnake Ridge Elementary School located approximately 0.9 miles from Lazy K Bar at 8500 N. Continental Reserve Loop; both schools serve grades K -6. Table III.M.2: School Capacities & Enrollments School School Capacity Current Enrollment (2013 -2014) Marana High School 1900 -2200 1864 Marana Middle School 1200 1150 Rattlesnake Ridge Elementary 800+ 660 Development Plan III -73 Lazy K Bar Ranch Specific Plan Twin Peaks Elementary 800+ 510 Redeemer Lutheran School 200 135 3. Fire Service The entire project site is currently within the Northwest Fire District. The Northwest Fire District also serves immediately adjacent areas to the north, east, south, and west of the site. As depicted in Exhibit III.M.3: Fire Service, the nearest fire station (Northwest Fire District Station #334) is located at 8165 N. Wade Road, approximately 1.55 miles east of the project site. Development Plan III -74 Laz K Bar Ranch Specific Plan Exhibit 111.M.3: Fire Service LEGEND win PeO�-ankkss oad\ Specific Plan Boundar r1 One-Mile Radius _ Jurisdiction Boundar 1— -7 , Parcels Northwest Fire District Fire Stations NORTH 0 - 1,500 3,000' VTI�l L"I FILE NAME: MAR-04 _pubfic_fav1djes.mxd SOURCE: Pima Count GIS, 2013 Development Plan 111-75 � � + ! •e w 1 « . '` .Y. / ,- `- � �` � .ma � `. r4e _ w .'L'�, �1 . ..,� .! � " iii, ,: y4 �.i• /' • ._.y y -� �* ,,_ 'I� r , Al �� � .4r1 Y "• _ - - �_ I n_ A F w a� � Fy i � '� .• `'eR . . + , • �� {, '7' - • a * s. '• - ,�. ` ! !� , ` � k. `ter " 4k Lazy K Bar Ranch Specific Plan A. Purpose and Intent These regulations will serve as the primary mechanism for the implementation of the Lazy K Bar Ranch Specific Plan. The Lazy K Bar Ranch Specific Plan Development Regulations apply to the development of buildings, landscape borders and performance criteria for all permitted uses within the Specific Plan. The regulations contained within this section provide visual mitigation strategies to ensure appropriate transitioning to surrounding development. These development regulations apply to the 138 acres of land in the Lazy K Bar Ranch Specific Plan. Land use designations within the Specific Plan shall be as follows: • Residential Area (RA) • Open Space (OS) The development regulations will govern and provide regulatory zoning provisions for the land use intensities and location criteria within the Lazy K Bar Ranch Specific Plan. This section includes standards related to land use, building setbacks, height restrictions and lot coverage. The intent of these standards is to establish clear minimum development regulations, allow for the orderly progression of development, and to provide flexibility over time without compromising the goals and objectives for this specific plan. B. General Provisions 1. Applicable Codes If an issue, situation, or condition arises that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. All construction and development within the Specific Plan area shall comply with applicable provisions of various codes and regulations adopted by the Town of Marana including, but not limited to, mechanical codes, electrical codes, plumbing codes, fire codes, and grading and excavation codes current at the time of development. 2. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Town Planning Director to determine if said use is consistent with the intent of the designation and compatible with other listed permitted uses. Development Regulations IV -77 Lazy K Bar Ranch Specific Plan C. Development Standards 1. Land Use Standards a. Residential Area Designation (RA) Residential Area regulations shall apply to the Residential Area Designation (total land outside of the open space (OS) Area). The lands within the Residential areas may be developed with the following permitted uses. Permitted Uses: • Site Built Single - Family Detached Residential Dwelling Units • Community Recreation Facilities • Parking • Utilities • Emergency Access Drive • Community Buildings Accessory Uses: Accessory buildings located on the same lot within the permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood. • Children's playhouse • Greenhouse • Non - commercial hobby shops • Patios and cabanas • Swimming pools, spas and related structures • Tool sheds • Guest casitas Project Accessory Uses: • One temporary nursery • Neighborhood Park and other recreational uses Development Standards Residential • Minimum Lot Area: 7,200 sf • Minimum Lot Width: 60 feet • Minimum Lot Depth: 120 feet • Minimum Building Separation: 10 feet (if the adopted fire code requires a separation of more than 10 feet, the greater distance will apply) • Minimum Setbacks: • Front yard: 20 feet from the property line to face of garage; 10 feet for side entry garages and /or livable and architectural components • Side yard: 5 feet • Street side yard: 10 feet • Rear yard: 15 feet Development Regulations IV -78 Lazy K Bar Ranch Specific Plan • Maximum Building Height: 30 feet • Maximum Lot Coverage: 70% • Maximum Number of Lots: 178 b. Open Space (OS) Open Space regulations shall apply to the Open Space Designation (total land outside of the developed portion of the RA Area). Not all lands within the Open Space areas will be preserved as natural areas. Some will be developed as usable open space. Permitted Uses: • Trails • Stormwater Basin • Landscaping /Revegetation • Utility Crossings Project Accessory Uses: • Community recreation uses, including tennis courts, recreation building patio shelters and other community facilities common to a homeowner association • One temporary nursery • Neighborhood Park and other recreational uses • Trails Environmental Standards • Natural Open Space Areas of vegetation designated to be preserved shall be protected during grading and construction activities by fencing and flagging. Maintenance • A Homeowners Association regulated by CC &R's shall manage all Open Space areas and undeveloped Residential Areas to ensure continued preservation of these lands. Development Standards- Open Space • Minimum Lot Area: None • Minimum Lot Width: None • Minimum Lot Depth: None • Maximum Lot Coverage: None Development Regulations IV -79 Lazy K Bar Ranch Specific Plan 2. Landscaping Natural open space will cover nearly 55 percent of the site. The majority of the Landscape Buffers will be comprised of Natural Desert. Disturbed areas will be revegetated with native and low water use plants. a. Landscape Buffers will be comprised of natural desert and revegetated areas consisting of regionally appropriate and predominately native species. See Table III.J: Lazy K Bar Prohibited Plant List. A mixture of upper story (trees) and middle and lower story (shrubs) will be used to closely mimic the natural vegetative patterns throughout most of the landscape buffers. In some locations, it may be necessary to increase the plant density and /or plant species make -up for functional purposes such as screening. In other areas, accent species (agaves, ocotillos, yuccas, etc.) and specimen plants may be introduced to highlight important areas such as entries and visual termini. b. The average width of the Landscape Buffer shall be 50' along the east and south sides of the property. The average width of the Landscape Buffer shall be 100' along the west and north sides of the property. The site contains (4) landscape buffers: north, south, east, and west. c. On -site landscaping and revegetation will be in conformance with the Marana Land Development Code. Any disturbed areas will be revegetated with native plants. Disturbed areas shall be planted at a minimum rate of (2) plants per 100 square feet (or equivalent thereof). Plants used for revegetation may be potted, boxed, plugs, or hydroseed. d. All walls and fences shall be painted, stained, or contain integral color. Uncolored gray block walls will not be permitted. 3. Landscape Standards a. Minimum plant sizes shall be - trees: 15 gallon, shrubs & accents: 5 gallon, ground covers: 1 gallon. b. Turf is prohibited in private front yards and common areas outside the Recreation Area. Turf is permitted for community parks and open space associated with the ranch house and the Mountain Pavilion Terrace. c. The majority of plants shall be low water use. A minimal use of moderate water use plants may be used in oasis areas near gathering spaces such as community parks and the open space associated with the former ranch house. Development Regulations IV -80 Lazy K Bar Ranch Specific Plan d. Plants requiring irrigation shall be irrigated via an underground drip irrigation system. Turf within the park may be irrigated via underground drip tubing, sprays, or rotors. 4. Parking The Lazy K Bar shall comply with the Land Development Code, Title 22 Off - Street Parking. Additionally, a minimum of 4 spaces will be provided near the original stone ranch house to accommodate for park area parking. 5. Lighting All lighting will be in accordance with the Marana Land Development Code, Title 18 — Outdoor Lighting Code. 6. Signage All signage shall comply with Title 16 of the Marana land Development Code; however, the Town agrees to make all reasonable exceptions to accommodate the use of historical signage currently existing on the site as a means of commemorating the heritage of the Lazy K Bar Ranch. Such signage will be confined to common areas within the project and shall also be permitted on the developer's on -site models and sales center to create consistent signage and theming throughout the community. D. Single Family Residential Detached Housing Design Standards All single - family residential lots are subject to the Residential Design Standards contained in the Town of Marana Land Development Code if any one lot within the Lazy K Bar Ranch is 16,000 square feet or smaller. 1. Individual Lot Landscaping Per Town of Marana Land Development Code Requirements E. Town of Marana Subdivision Requirements 1. Provision of Recreational Area Per the Town of Marana Land Development Code requirements, residential projects with a gross density greater than or equal to 3.0 residences per acre and containing 50 or more dwelling units shall provide an improved on -site recreation area, constructed at the project developer's expense. Although it is not required, Lazy K Bar intends to provide recreational spaces to enhance the quality of life for its residents. Development Regulations IV -81 Lazy K Bar Ranch Specific Plan Lazy K Bar will feature one main recreational area consisting of the historically significant portions of the ranch house that will be preserved and the former Lazy K Bar event lawn "Mountain Pavilion Terrace" (See Exhibit III.E.1: Land Use Concept Plan). Other buildings located near the southwest corner of the ranch house may also be preserved, including the "Boardroom" building and the larger "Mountain Pavilion" building located directly north of the event lawn. The original stone Ranch House will be preserved and serve as a focal point of community gatherings. This location will consist of indoor space with interpretation and display of historical elements and artifacts from the guest ranch. The ranch house and Mountain Pavilion Terrace will also act as a visual focal terminus for residents as they drive through the community looking southwest toward the backdrop of the majestic rock formations surrounding Sombrero Peak. The former Lazy K Bar event lawn "Mountain Pavilion Terrace" (southwest of the ranch house and directly south of the "Mountain Pavilion" building) will be preserved and function as an informal outdoor gathering space for residents. Asmall but adequate number of off - street parking spaces, no less than 4, will be provided within the proposed recreational area. The Lazy K Bar recreational area will be located in the area surrounding the stone ranch house and will be the first focal terminus as residents and guests enter the community. The expected amenities and uses of the park may include: informal turf area, seating and shade, historic interpretation of preserved ranch elements, desert landscaping, walks and paths. 2. Open Space Ownership Preservation of natural open space, as well as maintenance of modified open space (common area) within Lazy K Bar, shall be the responsibility of the Master Association and respective HOA's and regulated by CC &R's approved by the Town. 3. Off -Site Trail Access and Maintenance As shown on Exhibit 111. E.1, an existing trail leads up the steep rock cliffs in the southern portion of Lazy K Bar. The existing trail will be extended through the proposed recreation area and the central portion of the site to connect with the trail along the northern boundary at a point near the northeast corner of the property. There is also a connection to an existing on -site trail along the west boundary to form a complete on- site loop trail. A portion of the trail along the west boundary is not existing and is proposed. The western boundary trail eventually leads to a junction at the northwest corner of the property with the equestrian trail that exists along the northern boundary. A trail shall be provided within the buffer area along the northern property line and an area shall be set aside for a trail head at the northeastern corner of the property. The trail shall be open to the public at such times as the Town secures access rights for the trail to continue beyond the property's northwest corner. A public trail easement will be provided in accordance with the provisions of the Development Agreement. These preserved and constructed trails throughout the community are expected to be informal Development Regulations IV -82 Lazy K Bar Ranch Specific Plan in nature and predominately composed of raked earth to mimic the existing trails throughout the region. All other onsite trails will be private trails for the use and enjoyment of Lazy K Bar residents. F. Minimum Roadway Development Standards 1. Application These minimum street standards are per Town of Marana street standards. All internal roadways shall be private roadways, and maintained by the Lazy K Bar Ranch Homeowner's Association. 2. Functional Classifications Defined Within Lazy K Bar, the local streets may carry an Average Daily Traffic Volume of up to 1,858 trips per day. Design speed for these local streets is 25 miles per hour. The directional distribution is estimated at 50% entering and 50% exiting. 3. Cull-de -sacs Restrictions on the length of cul -de -sacs contained within the Town of Marana Street Standards do not apply to Lazy K Bar. There is no restriction on cul -de -sac length, provided Northwest Fire District is satisfied with the proposed access. 4. Curbing and Sidewalks Roadway layouts in Lazy K Bar should have a minimum effect on existing drainage patterns in either sheet flow areas or defined channels. Rolled curbs are appropriate for Lazy K Bar and will be a minimum of 2.0 feet wide. The design exception request from David Little, P.E., dated August 12, 2014 has been approved by the Town Engineer to allow the use of an alternate street section; the Northwest Fire District approves this section as well. All internal roads will utilize the roadway section shown in Exhibit IV.F.4. See Exhibit lll. E.1: Land Use Concept Plan for the location of proposed sidewalks. Development Regulations IV -83 Lazy K Bar Ranch Specific Plan Exhibit IV.F.4: Typical Road Section 10' PUBLIC UTILITY ROADWAY MAINTENANCE & SIGNAGE EASEMENT R /'W 46' TRACT/'COMMON AREA I 2' 12' 12' 2 LANE LANE I 3 MA 2 . 2.00% I 2.00% l ' S W 2' WIDE JOINT UTILITY TRENCH ROLL 5' SIDEWALK PGDOT j STD DTL NO. 200 (TYP) 10' PUBLIC UTILITY ROADWAY MAINTENANCE & SIGNAGE EASEMENT R /'W I I I NOT TO SCALE Group ° 1-:01 JUVA -001 Planning)Roa"ay SecHans%Raad Sedion - Typkal,dwg Rotta& Jul. 30, 2011 �'t.� Development Regulations IV -84 Lazy K Bar Ranch Specific Plan A. Purpose This section of the Specific Plan is intended to provide regulatory procedures designed to guide the implementation for the Specific Plan throughout the duration of the project. This section also provides guidance regarding the general administration of amendment procedures to the Specific Plan. The Provisions below shall apply to the entire project site as defined in this Specific Plan. 1. Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations of the Town of Marana Land Development Code that are in place at the time of development shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within 15 days of the date of interpretation. 2. General Implementation Responsibilities The implementation of the Lazy K Bar Ranch Specific Plan is the responsibility of the Master Developer and the Town of Marana. The Master Developer is the entity responsible for providing the basic infrastructure needs, including roads and utilities, buildings, improvements and site development. At any time, the Master Developer may relinquish its rights and assign any or all rights to one or more successors. Associated responsibilities of the Master Developer would also be transferred to the future Homeowner's Association at that time. The Town of Marana Development Services Department will be responsible for ensuring all policies and standards laid out in the Specific Plan are adhered to during the review of all development in the Specific Plan. 3. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within fifteen (15) days from the date of the interpretation. Implementation V -86 Lazy K Bar Ranch Specific Plan 4. Development Review Procedures All development shall be conducted substantially in accordance with the development regulations outlined in Section IV of this document. All development plans and subdivision plats for Lazy K Bar shall be subject to and implemented through the review and approval process adopted by the Town of Marana. In addition, all development is subject to the building permit process as outlined by the Town of Marana. 5. Specific Plan Amendments Amendments to the Lazy K Bar Ranch Specific Plan may become necessary for various reasons including but not limited to responding to changes resulting from new development conditions, financial conditions, and /or to respond to the requirements of potential users or builders of the property. The Master Developer, the Town of Marana, other developers, or agents representing any of the foregoing may request amendments to the approved Specific Plan. 6. Administrative Change The Planning Director's decision regarding administrative changes and determination of substantial change, as outlined below, shall be subject to appeal to the Board of Adjustment. Categories of administrative changes include, but are not limited to: • The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director; Changes to infrastructure, such as drainage and utilities, which do not change the overall intent of the Specific Plan. • Any comparable interpretations of the list of permitted and temporary uses of the property set forth in the Specific Plan. Changes in land use designation boundaries, division of plan areas or combinations of areas. • Minor changes or adjustments to intrusions, encroachments, easements, rights -of -way, or open spaces, so long as the modifications do not conflict with the overall intent of the Specific Plan. • The determination that a use may be allowed which is not specifically listed as permitted, but which may not be determined as analogous and /or accessory use explicitly listed as permitted, as made by the Planning Director. Implementation V -87 Lazy K Bar Ranch Specific Plan 7. Substantial Change This Specific Plan may be substantially amended by the same procedure as it was adopted. The owner or agent of the property may submit to the Planning Director a written application to amend one or more of the Specific Plan regulations. Each request shall include all sections or portions of the plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. After review, the Planning Director shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which, after public hearing, shall approve, reject, or modify the proposed amendment. Implementation V -88 Lazy K Bar Ranch Specific Plan Bibliography Aerial Photographs, Pima Association of Governments, 2012. Town of Marana Land Development Code, Title 8 - General Development Regulations, revised May 2011. Town of Marana Land Development Code, Title 6 - Subdivision Requirements, revised March 2011. Town of Marana Land Development Code, Title 5 - Zoning, revised May 2011. Town of Marana General Plan, 2010. Town of Marana Strategic Plan II, March 2012. Town of Marana Parks, Recreation, Trails, and Open Space Master Plan, 2010. FEMA Flood Insurance Rate Map, Pima County, Arizona. Institute of Transportation Engineers, Trip Generation Manuals, 7th Edition, Volumes 1 & 3 MapGuide, Pima County Geographic Information Systems, 2013. Pima Regional Trail System Master Plan, revised May 2012. Bibliography 89 MARANA %I\ ruNrw+c 1 1. TYPE OF APPLICATION (Chock one) I R I Final Plat �reral Plan Amendment Variance snar lot Development Plan 0SWPP E Plan N a ti ve Plant Permit P Am endment OConditional Use Permit EIRezone/5p Plan 1 ative Plant Exception S c lan en Pew El Sigrifficant Land Use Change Minor Land Division w, t,, pl 1:1 Annexabon LJ hnprovemmt plan (sce tie in De o _ Fro -e t boy,*) Subdivision Design Exce ption - 11555 W, Civic Center Drive, Bldg. A2*Marana. AZ ,85653 70o3■Telephone (520) 382 -26QO ■Fax (520) 382 -2641 2 . GENERAL DATA REQUIRED Assessoes Parcel 221-22-013E; 013B, 413G, 01 3F General Plan Designation 1 V cant Co mm e rcia l a Numbers) To be confirm [ by stain G ross Area (Acre/SF) 138 Ac /6,011 , 280 sq . ft Current Zoning (To be conf finned by staff) R R velopment/ Project Lazy K Bar Ranch Prop Zoning P 8 Specific Plan P Name Project Location West of 1 - 1 o at the Intersection of Pima Farms Rd and North Scenic Dr; Sec 29, T1 2S, R 13E Description of Project* Design Exception for the street =ss motion for Lazy K Pro perty owner LKB LLC Street Address 8401 N. Scenic Drive C O Y Tucson Tucson Zip Code Phone # Fax # E-Mail Address AZ 85743 -- --- _ _ _. __- - - _ _ - _ James Shiner iamesshinarfgmall.com Phone Number/ E-mail owl- E ]ame sett �r @ gmaii. com �Q� �� 7 — 4 3 onta P erson Ap plicant Sane as Above Street Address City State Zip Code Phone # Fax # E-Mail Address Phone Number/ E -mail ontact Person A g ent/Repmse dive The WLB Group Street Address X444 E . Broadway Blvd. State Zip Code Phone # 1 85711 1 881 - 7480 Fax # E - Mail Address 1 881-7492 City Tucson AZ David Little dlittle L wlbgroup.com Town of Business 128 I P n Contact ersa License lea. I AUTHORIZATION OF PROPERTY OWNER 1, the undersign, ed, certify th o t all of the facts set forth in this applicAtion are true to t he best of my ki it) �v le dge and that I am either the owner of the property or that I have been authori in writing by the owner to file t pbcat and ciecldist. (If not owner of record,, attach written autho a dio em the Print Name of App licant ,A Pnt Da (e CaseLog# _ Date Received signa CR'W# 11555 W, Civic Center Drive, Bldg. A2*Marana. AZ ,85653 70o3■Telephone (520) 382 -26QO ■Fax (520) 382 -2641 GroupT e August 12, 2014 Mr. Keith Brann, PE Town of Marana Engineer 11555 W. Civic Center Drive Marana, AZ 55653 Subject: LAZY K BAR RANCH STREET SECTION DESIGN EXCEPTION WLB No. 113021 -A-004 PCZ -13029 Dear Keith. Engineering ■ Planning Surveying 9 Urban Design Landscape Architecture This narrative has been prepared in support of the Subdivision Design Exception required for the proposed Lazy K Bar Ranch focal street section. We are requesting relief from the requirements within Section 6.0 of the Town of Marana's Subdivision Street Standards Manual. STREET WIDTHS Marana's typical local street detail calls for 16 foot travel lanes. We are requesting approval for 12 foot travel lanes with 2 foot roll curb on both sides. Parking will only be allowed on one side of the street. This cross section is supported by Northwest Fire (see enclosed email correspondence). Lane widths of 12 feet are consistent with the required local street section lane widths within Pima County and consistent with previously approved reduced width street sections ( <16 ft) in the Town of Marana. The proposed reduction in pavement reduces maintenance costs, heat island effect, land disturbance area and slows traffic down within the neighborhoods. A narrower road section also gives the developments a rural feel and generally increases the aesthetic value of the development. SIDEWALKS The developer proposes to build sidewalks only on one side of the street within the area designated for 60 foot wide lots in order to enhance the upscale feel of the community and to minimize the development footprint of the roads. Within areas designated for 60 and 70 foot wide lots, sidewalks will be built along both sides of the street where both sides of the street are fronted by homes. Sidewalks will be built on one side of the street where there are homes on only one side of the street or where there are not homes on either side of the street. Engineering • Planning - Surveying o Urban Design * Landscape Architecture Offices located in Tucson, Phoenix, Flagstaff, Las Vegas a E -mail: tucsongwlbgroup.com 4444 East Broadway v Tucson, Arizona 85711 a (520) 881 -7488 o FAX 1520) 881 -7492 T Groin Mr. Keith Brann, PE August 12, 2014 Page 2 of 2 In order to maintain the character of the project, sidewalks will not be included along the entry road, which is not fronted by any homes. The proposed sidewalk locations are shown in the latest version of the Specific Plan. Please let me know if you need any further information to process our request. Thank you for your help. Sincerely, The WLB Group, )tic. . I 36234 DAVID W. Z: LITTLE r�s J u l 0 David W. Little, PE Senior Project Manager Attachments: Application Street Cross Section Exhibit Northwest Fire Approval Email Brian Varney From: Pratt, James <jpratt a@northwestfire.org> Sent: Friday, August 08, 2014 1:40 PM To: David Little Subject: RE: Lazy K Street Sections Thanks, That sounds like it will meet our requirements as well with the no parking fire lane signage. ,Jim From: David Little [mailto:dlittle wlb rou .com] Sent: Friday, August 08, 2014 1:38 PM To: Pratt, James Subject: Lazy K Street Sections Hi Jim - We spoke on the phone as few weeks ago about NW Fire's requirements for the street sections in Lazy K. We are submitting a Design Exception application to the Town to formally get the Town's approval for our request and we'll provide a copy to you as well. We are proposing 24 feet of asphalt with 2 foot roll curb on both sides, for a total width of 28 feet. One side of the road will be signed as no parking. Town staff has indicated they will support this request. I believe it works for you as well, correct? Thank you for your help. - David MARANA PLANNING COMMISSION RESOLUTION NO* 2014-03 A RESOLUTION OF THE TOWN OF MARANA PLANNING COMMISSION, MAKING A WRITTEN REPORT AND RECOMMENDATION TO THE MARANA TOWN COUNCIL CONCERNING THE PROPOSED LAZY K BAR RANCH DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED WEST OF THE INTERSECTION OF PIMA FARMS ROAD AND SCENIC DRIVE; MAKING FINDINGS IN CONNECTION WITH THE PLANNING COMMISSION'S DECISION AND RECOMMENDATION; AND AUTHORIZING THE CHAIR TO PRESENT THE PLANNING COMMISSION'S FINDINGS AND RECOMMENDATION TO THE TOWN COUNCIL A. Report. The Marana Planning Commission hereby reports to the Marana Town Council, as follows: 1. The proposed Lazy K Bar Ranch Development Agreement (the "Lazy K DA") was brought for consideration before the Marana Planning Commission at its regular meeting on September 24, 2014. 2. The agenda materials for the September 24, 2014 Marana Planning Commission regular meeting included the following: a. A draft of the proposed Lazy K DA identified by the number "00039097.DOCX 1 5" and "911612014 3:27 PM" in the footer, with Exhibits A. B, C, D, and E. b. A staff report providing an overview of the Lazy K DA. c. A staff - prepared draft of Marana Planning Commission Resolution No. 2014 -03. 3. The Marana Planning Commission held a public hearing on the proposed Lazy K DA, where representatives of the property owner and members of the public were provided an opportunity to make comments and give feedback. B. Findings. Based on the documents provided in the record, the staff report, and the public testimony, the Marana Planning Commission makes the following findings: 1. The proposed Lazy K DA will promote and facilitate orderly and planned development of property located west of the intersection of Pima Farms Road and Scenic Drive. 2. The proposed Lazy K DA will provide the owner and developer with certain assurances and protection of rights that they will be able to proceed with development of the affected property in accordance with: a. The Lazy K DA. 100039558.DOCx 12) - 1 - 9/24/2014 7:18 PM FJC b. The Lazy K Bar Ranch Specific Plan as recommended for approval by the Planning Commission on August 27, 2014, subject to adoption and any revisions by the Marana Town Council. c. The Marana Land Development Code and Marana Town Code, to the extent not superseded by the documents referenced in the preceding two paragraphs. 3. The proposed Lazy K DA is consistent with the Marana General Plan and the Marana Strategic Plan. C. Recommendation. Based on the foregoing report and findings, the Marana Planning Commission recommends that the Marana Town Council approve the Lazy K DA with the following corrections and revisions: 1. None. D. Authorization. The Marana Planning Commission hereby authorizes Thomas Schnee, the Chair of the Planning Commission, to present the Planning Commission's findings and recommendations at one or more Marana Town Council meetings regarding this matter. PASSED ARIZONA, this and 0 absent. ATTEST: AND ADOPTED BY THE PLANNING COMMISSION OF THE TowN OF MARANA, 24th day of September, 2014, on a vote of 6 in favor, o opposed, y ITByler., .ruing Commission Clerk r X homas Schnee, Chairman Iff LA �00039558.DOCX 12} -2- 9/24/2014 7:18 PM FJC � MARANA � PLANNING COMMISSION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 27, 2014, at or after 6:30 p.m. Vacant, Chairman Marcia Jakab, Vice Chair Don Duncan, Commissioner Terry Fehrmann, Commissioner Steve Miklosi, Commissioner Richard Miller, Commissioner Thomas Schnee, Commissioner REGULAR PLANNING COMMISSION MEETING Due to a vacancy of the Chair and the absence of the Vice Chair, a motion was made by Commissioner Duncan, seconded by Commissioner Miller to nominate Commissioner Miklosi to call the meeting to order. Passed unanimously. CALL TO ORDER. Commissioner Miklosi called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION /MOMENT OF SILENCE. Led by Commissioner Miklosi. ROLL CALL. Terri Byler, Planning Commission Secretary, called roll. Vice Chair Jakab was excused. CALL TO THE PUBLIC. No speaker cards presented. ELECTION OF BOARD CHAIRPERSON AND VICE CHAIRPERSON. Prior to the start of the action, Attorney Frank Cassidy read an email from one of the commissioners. This email was sent to all commission members by a commission member. 1IPage "August 26, 2014 Fellow Commissioners: I received a phone call from Mahoney concerning the election of Chairman and Vice Chair tomorrow evening. Mr. Mahoney gave me his personal recommendation for Chairman Tom Schnee and Vice Chairman Don Duncan. Mr. Mahoney also advised me that Marcia Jakab will not be in attendance tomorrow evening due to a family emergency. I ask for your consideration in a motion to postpone the election of the chair and vice chair of commission until our next meeting when all commissioners are present. I will also request a 30 minute executive meeting of commission prior to the 6:30 regular commission meeting so we can speak freely to each other concerning these two appointments. Sincerely, Terry Fehrmann" For the record, there was no executive session held. Motion moved by Commissioner Duncan to nominate Thomas Schnee as Chair of the Planning Commission, seconded by Commissioner Fehrmann. Passed unanimously. Motion moved by Commissioner Fehrmann to nominate Don Duncan as Vice Chair of the Planning Commission, seconded by Commissioner Miller .Passed unanimously. APPROVAL OF AGENDA. Motion to approve, with the modification of moving Commission Action Item 01 before Public Hearing Item P:1, by Chairman Schnee, seconded by Commissioner Miklosi. Passed unanimously 5 -0. ANNOUNCEMENTS. None GENERAL ORDER OF BUSINESS. Approval of April 30, 2014 meeting minutes. Motion to approve by Commissioner Miklosi, seconded by Commissioner Miller. Passed unanimously 5 -0. COMMISSION ACTION 1. Relating to Development; approving a preliminary plat for Gladden Farms Blocks 14 & 15 Lots 1 -138 and Common Areas A -1 - A -3 ( Landscape /Drainage/Utility /Recreation); B -1 - B -12 (Landscape/Utility) and C-1 (Landscape /Recreation) located approximately at the southeast corner of Tangerine Farms Road and Heritage Park Drive. Presented by Steven Vasquez, though the current zoning is R -3.5 (3,500 square foot minimum lot size), the lots will be platted at a minimum 6,000 square feet in order to wave the rezoning requirement to construct an onsite community pool facility. There will be two entrances into the subdivision, as well as a neighborhood park. Pedestrian trails will be at the back of the subdivision and those trails will connect to Heritage Park and to Gladden Farms Community Park. Per the Residential Design Standards, which were adopted in 2007, a neighborhood design 21Page plan is needed for preliminary plats. The Gladden Farms Design Standards was administratively approved in 2004 and has served as the neighborhood design plan for Gladden Farms throughout its entire development. Mr. Vasquez stated that it will also serve as the neighborhood design plan for Blocks 14 and 15 as well. Motion to approve by Commissioner Fehrmann, seconded by Commissioner Miller. Passed unanimously 5-0. PUBLIC HEARINGS 1. Ordinance No. 2014.XXX: Relating to Development; amending Marana Land Development Code Section 08.08 (Medical Marijuana Uses) to extend the operating hours of medical marijuana dispensaries and to permit medical marijuana dispensaries to deliver medical marijuana to qualifying patients; and establishing an effective date. (Caine Sklar) Presented by Laine Sklar, who stated that the two dispensaries in the Town of Marana; Nature Med and The Apothecary, have brought forward an application to amend the Land Development Code to change the operating hours, as well as to authorize a provision for a delivery service. Ms. Sklar: stated the current hours are 9:00 am to 5:00 pm and the proposed hours would be 7:00 am to 9:00 pm. As to the provision for the delivery service, it is currently allowed under state law. There is no provision in the Land Development Code prohibiting a delivery service. It is unnecessary and could cause confusion in the event that state law is amended in the future. We would have to amend the Code again because it is already allowed. Ms. Sklar recommended that the delivery service not be amended in the current Land Development Code. Chief Rozema: feels that expanding the hours from 7:00 am to 9:00 pm is not in the best interest of the community. He recommends expanding the hours of operation from 7:00 am to 7:00 pm. This would be a reasonable compromise that would allow people to get to the dispensaries without extending the hours too far into the night. There are no issues with the owners of the dispensaries or the dispensaries themselves, only is concern with the opportunities this provides for those who decide to prey on people who go there to purchase medical marijuana. Vice Chair Duncan: (addressing Chief Rozema) do you foresee any issues or concerns with the delivery service? Chief Rozema: anytime you are moving marijuana and people know that you are moving marijuana it opens up an opportunity for criminals. Jacob Schmidt (co -owner of Nature Med /representing both Nature Med and The Apothecary): currently their hours are 9:00 am to 5:00 pm, but are requesting expanding the hours from 7:00 am to 9:00 pm. They feel they need to remain competitive with the surrounding areas in order to keep the revenue in Marana. Chairman Schnee: how are the delivery trucks marked? Mr. Schmidt: currently we are agreeing with Ms. Sklar not to amend the delivery service since it is legal under the state parameters, but they would be unmarked vehicles. No speaker cards were presented. Commissioner Miller, Miklosi, Fehrmann and Chairman Schnee agreed with Chief Rozema on expanding the hours from 7:00 am to 7:00 pm. Motion to approve with modifications (modified request from 7:00 am to 9:00 pm, to 7:00 am to 7.-00 pm) by Commissioner Miklosi, seconded by Commissioner Miller. Passed unanimously S -0. 3�Page 2. Relating to development; an application submitted by LKB LLC, represented by The Planning Center, to rezone approximately 138 acres of land from `RR' Resort and Recreation to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan, a master - planned residential development. The rezoning application is accompanied by an application to amend the Town of Marana General Plan, as it applies to the 138 acre property. The application proposes a minor amendment to the existing General Plan land use plan category of Rural Density Residential (RDR) to Master Plan Area (MPA) to accommodate the proposed Specific Plan zoning. The property is generally located at the west end of Pima Farms Road, approximately 3/4 mile south of Twin Peaks Road in Section 29, Township 12 South, Range 12 East. Presented by Brian Varney who stated the proposed project is asemi- clustered single - family residential development of 178 lots. The project will include the reopening and improvement of Scenic Drive. There are two proposed land uses; RA (Residential Area) and OS (Open Space.) Approximately 62 acres will be developed with residential lots and related infrastructure. 76 acres will be maintained as open space. Of the 76 acres, 34.5 will remain as natural undisturbed open space. The primary access is located at the west end of the Pima Farms alignment. Mr. Varney: A development agreement will be presented to The Planning Commission at the September 24 meeting. The agreement will address the details (construction, maintenance and sharing of costs) of Scenic Drive, as well as details about the public trail easements. The lot sizes are a minimum of 7,200 square feet, 9,100 square feet, and 11, 200 square feet, depending on the location of the lot in the development. The builder has anticipated both one -story and two -story homes in the project. The utilities and water are served by Marana, the county will provide the sewer services, the electric is served by Tucson Electric Power and gas is served by Southwest Gas. The applicant held two neighborhood meetings; June 2 nd and August 19 The Town, and the applicant, have both received approximately 105 items of correspondence; both in opposition and support of the project. Chairman Schnee: where is the water coming from? John Kmiec: the water that will serve this area will come from the Continental Reserve water system. Michael Racy (on behalf of Lazy K Bar Ranch and Mattamy Homes): gave a brief history on Lazy K Bar Ranch and stated that Mattamy Homes is sincere about preserving the history, culture and the character of the property. They plan to preserve the "Lazy K Bar" name, as well as the stone house. A small museum will be created and many of the artifacts will be preserved onsite. Mr. Racy: we have had dozens of meetings with the neighbors and the environmental community. We worked with Sanctuary Cove and relocated some trails. We have been in discussion with the neighbors along Scenic Drive. They don't want Scenic Drive reopened. We worked with the Town 41Page to narrow the road, install additional traffic- calming islands, move the trail from the west side of the road to the east side of the road, and variety of other things to accommodate the neighbors. Continental Ranch tends to be 4 to 4.5 residences per acre, Continental Reserve 3.2 residences per acre, Ironwood Reserve 2.0 residences per acre. We are proposing 1.29 residences per acre. This project will not be on local wells and will not impact the aquifer in the immediate area of the proj ect. Ironwood Reserve has many back -to -back lots. Lazy K has no back -to -back lots, everything opens up onto open -space corridors. There is an internal trial system, preservation of the historic house and the accommodation for public trail connectivity at the time the Town can secure rights from adjoining private residents. Scenic Drive was closed 10 years ago, before the Twin Peaks interchange opened. Once Twin Peaks was opened, it created a situation that encouraged pass- through traffic on Moonfire Drive. At the first neighborhood meeting, 60 out of the 70 people attending were upset, not about this project or this project's density but about the pass- through traffic on Moonfire Drive. For the benefit of regional circulation Scenic Drive should be reopened. Chairman Schnee opened the public portion of the hearing. Malcom Stevens: concerned about traffic along Pima Farms Road. Robert Newtson: opposes the rezoning. Scott Stonum: protect resources /wildlife near Saguaro National Park. Greg Mitchell: opposed to the rezoning. He is also concerned about traffic on Moonfire Drive. Hardy Smith: opposes the rezoning. Joyce Obiol: opposes the development, density and two -story homes. Judith Schector: opposes the rezoning. George Andrews: supports opening Scenic Drive. He is concerned with the traffic on Moonfire Drive and inquired about putting up a sign to limit traffic on Moonfire Drive to residents only. Fernando Prol: that type of sign is not a legal sign and cannot be enforced. Those are public streets so we cannot limit traffic to local traffic only. Pat Lopez (attorney representing the neighbors) : there is an even distribution between those who are favor of opening Scenic Drive and those who are opposed to opening Scenic Drive. Many of the people Mr. Lopez represents would be in favor of opening Scenic Drive if the project was developed at an appropriate density, stating density directly relates to the increase in traffic in the area. The more density that is allowed, an increase in traffic will be generated, whether on Scenic Drive, Moonfire Drive or Pima Farms Road. Mr. Lopez: feels that the proposed project falls under the "Major Amendment" section of the Marana 2010 General Plan stating that opening, what is now a pedestrian path, to a street or roadway is a substantial alteration and substantial alterations in zoning cannot be made without a change in the General Plan. Joan Pettit: not opposed to the development but to the density. She would like to keep the zoning 3.3. Patty West for Barbara Rose: doesn't feel the proposed development conforms to the Marana 2010 General Plan. She feels the opening of Scenic Drive deserves the best planning 51Page process possible. Bill Johnson: supports the opening of Scenic Drive if the proposed project is approved and requests that the road is opened before the start of any development. Carolyn Campbell: mentioned three recommendations for The Commission to consider. 1. To see more natural undisturbed open space in the northern and western areas of the property. 2. Move the western internal street more to the east. 3. Omit the portions of the loop trail in the northern and western areas. Chairman Schnee: how far to the east? Ms. Campbell: at least double of what is proposed now. She is not concerned about the density as long as it preserves some of the wildlife values. Kevin Kading: opposes the proposed zoning. John DePalmer: opposes the project and the zoning. He feels the project will disturb the native plants and wildlife. Ed Stolmaker: is in favor or the development and feels that working with the developer and coming to a compromise for the betterment of the community is important. Daniel Sullivan: is in favor of the project. Wayne Mortenson: opposes the zoning. Walter Whately: isn't for or against the development. He wanted to know what the impact of the development was going to be for the current residents. Mr. Racy: to show the scale of the project; this project is 178 homes to be built on 138 acres, while Ironwood Reserve is 300 homes built on 120 acres. This project is half the density of Ironwood Reserve. Mr. Racy hears the concerns about density and recognizes the residents would rather the land stay vacant, but feels the housing transition is appropriate for the area. The project is realistic. There is more than enough water capacity. There is good transportation capacity, improving transportation access for the entire area. Enhancing and maintaining the views up to Sombrero Peak. Scenic Drive will be improved and developed before any houses are built in this project. Mr. Andrews: had a question regarding putting a "No left turn" sign at Pima Farms Road and Moonfire Drive. Mr. Prol: those signs are very difficult to enforce. Chairman Schnee: wanted Frank Cassidy to address Mr. Lopez's concerns on whether this is a major amendment to the General Plan. Mr. Cassidy: those are interpretations that are made by the Planning Director, who has looked at the questions and is confident that these are not major amendments under our code. Chairman Schnee: had a question regarding "Consistent uses." Mr. Cassidy: the Growing Smarter Act in Arizona requires conformance to the General Plan. That Growing Smarter Act allows each municipality to decide what a major amendment is. The three items that Mr. Lopez was reading from are our General Plan's definition of what it takes to be a major amendment. Those are the things that Planning Director has looked at and we don't believe that it is a major amendment, it can be integrated as part of the rezoning. Commissioner Miller: wanted to get feedback from The Commission regarding density. Chairman Schnee: feels the propose density is well within the guidelines. He feels the project is in compliance with the General Plan. And believes Scenic Drive needs to be opened. This is a well- designed subdivision that is proposed and he has no objections. Vice Chair Duncan: is impressed with the overall look at the project. Scenic Drive will be a nice asset and alleviate 6�Page some of the traffic. Commissioner Miklosi: is in agreement with the project. He wanted to know what the speed limit would be on Scenic Drive. Mr. Prol: the speed limit will be 25 mph. With regard to possible speed humps on Moonfire Drive, once the proposed development is significantly built out the traffic will be closely monitored. Motion to approve by Vice Chair Duncan, seconded by Commissioner Miller. Passed unanimously 5-0. INFORMATIONAL ITEMS /POSSIBLE ACTION ITEMS. Relating to development; discussion pertaining to the update of Title 16 - Signs; Land Development Code Update Presented by Brian Varney who gave an update on what the task force has accomplished so far. The document has been condensed significantly and is more user - friendly. They have made revisions to the provisions for various signs in terms of area, height and location. The sign code is designed to work not only for the town, but for the businesses in the community. He will bring this item before The Commission next month so they can make a recommendation to The Council. FUTURE AGENDA ITEMS. None ADJOURNMENT Motion to adjourn at 9:26 p. m. by Vice Chair Duncan, seconded by Commissioner Miklosi. Passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Planning Commission meeting held on August 27, 2014. I further certify that a quorum was present. Terri Byler, Planning Commission Secretary 71Page F . ANN RODRIG'' _ RECORDER I � RECORDED BY: T: VLJ �� 11685 DEPUTY RECORDER PAGE. 3367 7995 NO • OF PAGES: 9 � SSA RO � E SEQUENCE : 2 200 12300782 TOWN OF XkRAIqA 11/29/2001 ATTN: TOWN CLERK �I O AG 16:12 13251 N LON ADAMS RD NARAN AZ 85553 MAIL AMOUNT PAID $ 10 When recorded return to: Daniel J. Hochuh, Esq. Hochuh & B enavidez, P.C. 220 E. Wetmore Road, Suite 110 Tucson, AZ $5745 PRE - ANNEXATION AND DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA AND LIMB, L.L.C. I MarananXB Prmnoratian Agrc mcnt Page 1 of 8 1 PRE - ANNEXATION AND DEVELOPMENT A REEMENT THIS AGREEMENT is entered into by the TOWN OF MARANA an Arizona ' municipal corporation (the "Town "), and LKB, L.L.C., an Arizona limited liability comp "L " Y � Y C � ). VMEREAS, LKB is the owner of property located within Pima County . , y, ono legally described on Exhibit A (the "Property'). LKB and the Town desire that the Property be annexed into the corporate limits of the Town and become an inte al art of the T �' p awn, NOW, THEREFORE, in consideration of the forego in remises and the mutual ' g g p u ual promises and agreements set forth herein, the part ies hereto state, co nfirm and ag as follow gs' 1 Annexation The Town has initiated the annexation process b film • In' y g a blank annexation petition with Pima County Recorder consistent with the requirements of S - � Section 9 471 of the Arizona Revised Statutes and all other application laws, ordinances and rules (the "Annexation Laws " ), to annex the Property into the Town. The Town shall t' me1y publish, mail and post the required notices and hold one or more public hearings, as . p g , required under the Annexation Laws in connection with the annexation of the Prop in p y t o the Town. Following the public hearing, LKB shall sign and deliver annexation et iti p ons for the Property. It is understood by the parties that the Town Council retains the discretion to approve or deny the annexation ordinance. 2 Extra D v Io m nt F In order to induce LKB to enter into o this Agreement, the Town agrees that the Town shall not charge LKB an development fees impact Y p pact fees or growth fees pursuant to A.R.S. § 9- 463.05 or otherwise (hereinafter collectively ,� Development Fees) for residential (not lodging) development of an orti Prop that p Y p on o f th Pra e p y are greater than or in addition to the Development Fees actually sed b cor porate Y y the Town elsewhere within its ca rp a lrmi'ts far comparable projects or developments. Development Fees as defined herein are not intended to include an taxes administrative y dm�n�strat�ve inspection nspection fees, review fees, or other fees charged throughout the T g g awn, and are intended to include only those fees which are assessed against development i g p n order to pay for capital improvements to infrastructure as contemplated b A.R.S. 9-463-05. p Y § 3 Over- Sizinff The Town and LKB agree that: 3.1 Except as provided in subsection 3.2 below, in no event shall the Town require LKB or any of its affiliates to over size any utility lines or other facilities other than water so as to be available to serve other pro or r p J properties unless the Town pays or causes a third party to pay the greater of (i) the proportionate share of the entire cast of planning, en ineerin g engineering, permitting and constructing the utility line or other facility based on projected use, or (i) the oversizing cast. The third pa payment must be remitted on or before any payments by LKB are due. 3.2 In the event that LKB submits a development request to the Town for the Property the Town may require LKB or any of its affiliates to oversize an Town munic . .. Y pal water lines or facilities so as to be available to serve water to other J ro`ects or P Mar WTXB Preannmatim Agn ==t Page 2 of 8 properties in the vicinity of the Property. As other parties connect to said oversized municipal water Fines or facilities, such parties shall pa their resp ective projected y p p J share proportionate to their use ofthe municipal water line or facility and LKB shall be reimbursed as set forth in one applicable water Service Agreement. 4 kuhI mn,roygments As soon as reasonably possible, and at no cost or ex pense to LKB, the Town shall: 4.1 Install signs on Silverbell Road near Pima Farms Road and both Continental Loop intersections showing the direction to the Lazy K Bar Ranch hotel and resort. 4.2 Work with Pima County to improve the junctions o f S ilverbell Road Twin a � Pe ks and S enic Drive so that those roads intersect at angles that are acceptable to the Town Engineer. 4.3 Close Scenic Drive from Pima Farms Road north to the south boundary of Moonrise Ranch and from the Sahuaro National Park to 100 feet north of the south boundary of the Property, and work toward abandonment of said properties as soon as reasonably possible. 4.4 Improve Pima Farms Road to the Town's standard sp ecifications for a p paved permanent all- weather access. 4.5 Attempt to procure funding and assistance from Pima County for a ty, sewer main line extension to the Property. Dri final Zoning. 5.1 The land uses that are lawfully conducted on the Property n Pima Count prior t y County a annexation translate to the Resort and Recreation (RR) Zone and the R -144 Residential (R -144) Zone in the Town's Land Use and Development Code. The historical use of the of the Property as a guest ranch with lodging and related g g ancillary activities is a legal nonconforming use under the existin g Suburban Ranch (SR) Zone in Pima County. The annexation laws require the Town to translate the zoning for the Property from the lawful uses, activities and zoning n Pima Cou y to Town zoning upon annexation without permitting densities or uses that are eater than those ermined in Pima � p County prior to annexation. In order to establish original Town zoning which is Consistent with the current lawful uses of the Property, and which minimizes non - conforming uses, upon annexation the Town shall impose the Recreation and Resort (RR) Zone and the R. -144 Residential R- 144) Zane on the Property. 5.2 In the event that a court of competent jurisdiction determines that subsection 5.1 above is not permitted by law, LKB may apply for rezoning of the Prop erty to RR and R -144 and t p � under he Town's Land Use and Development Code, and ifthe Town does not grant such rezoning, the Town shall be in breach of this Agreement and LKB i i s s 3 Mara WIXB Prcannixatim Agw mcw Page 3 of 8 shall be entitled to damages as well as such other relief and remedies as are available at law or in equity. 5.3 To the extent the uses and activities conducted on the Property in Pima • . Ppe y County prior to annexation are authorized by law, the Town recognizes such lawful uses as legal nonconforming uses, and agrees that g g gr such uses may be continued as a legal non- conforming uses after the Property is annexed into the corporate, jurisdictional � , j and geographic Iimits of the Town. 5.4 The noise and sound levels permitted or exempted 'n Puna Count shall County be allowed on the Property until the Town adapts a noise ordinance, at which time LKB will comply with such ordinance. Notwithstanding the rovisions of such ' p noise ordinance, LKB shall be permitted maximum averse levels for amplified m g usic of at least 55 decibels from 7:04 a.m. to 10:30 p.m., and 50 decibels from 10:3 .m. to 7:00 a.m. Decibel limits p omits will not apply to human voices that are not p line. electronicall y amplified, and will be as measured at the p r 6 Wells The Town acknowledges that LKB now rovides water service p to the Property from its own wells, and the Town covenants and agrees that LKB will be ermi p tted to continue to do so until such time as LKB is unable to do so, or the Town acquires the he LKB water system for just compensation. 7 Financin . The Town and LKB agree that sanitary ewers drainage, t Y � g , potable water, traffic circulation and traffic control systems, multi -use paths, landscaping, li lighting g g golf courses schools and public facilities may be acquired or constructed through the creation of one or mo community facilities districts, sanitar istricts municipal ' ' � � p improvement districts and combinations thereot subject to Town approval and in accordance with applicable law. 8 Notices. All notices, filings, consents, approvals and other co unications provided for in this Agreement or given in connect herewith shall be valid iv validl g iv en, filed, made, delivered or served if in writing and delivered personals o r overnig car . Y Y gh rier, or sent by United States first class (or registered or certified) mail, osta a prepaid, p g p P addressed as follows: If to the Town: Town of Marana 13251 North Lon Adams Marana, Arizona 85653 Attention: Mike Hein T own Manager � with a copy to: Hachuli & Benavidez, P.C. 220 East Wetmore Road S Tucson, Arizona 85705 Attn: Daniel Hachuli, Esq. 3 If to LKB: LKB, L.L.C. 3 790 Panorama Road Mmnal XB Premnaatinn Agimmcnt Page 4 of 8 Tucson, Arizona 85704 Attn: James Shiner with a copy to: T. Patrick Griffin Haralson, Miller, Pitt & McAnally, P.L. C. One South Church Avenue, Suite 900 Tucson, Arizona 85701 or to such other addresses as either party hereto may from time to time desig in writing gn g delivery in a like manner. Notices, filings, consents, ap and communicati o n given by personal delivery, or by overnight carrier, shall be deemed iven, received and effective e upon delivery, and if given by mail shall be deemed delivered forty-eight ( 48) hours Poll . owing deposit in the U.S. mail, postage prepaid and addressed as set forth above. 9 Hierarchy of Documents In the event of a conflict or Inconsistency y, o the extent permitted by law, this Agreement shall take precedence over the applicable ordinances, s, rules, regulations, permit requirements, development fees, other requirements, q rements offici and/or policies of the Town. 10 -Caunt parts. This Agreement may be executed in two or more co rp s, each of which shall be deemed an original, but all of which together constitute one and the a s me instrument. The signature pages from one or more counterparts may be removed from su ch th counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. 11 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 12 Exhibits and Recitals, Any exhibit attached hereto shall be deemed to ha been incorporated herein by this reference with the same force and effect as if full set forth Y in the body hereof. The Recitals set forth at the beginning of this Agreement are incor porated �' rp ed herein and the parties hereby confirm the accuracy thereof. 13 Further Acts. Each of the parties hereto shall rom tl execute and deliver p P Y e all such documents and perform all such acts as reasonably necessa , from time to time to a �' carry rry out the matters contemplated by this Agreement. The parties agree that all conditions and contingencies set forth in this Agreement are critical in the development o f the Prop p � 14 . Time is of the essence of each of the terms and rovisio p ns o f this Agreement. G 8 S 15 InUrement. This Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 3 15 Term. The term ofthis Agreement shall commence on the date and at the time an ordinance approving and adopting this Agreement is approved by the Town Council and shall Mmn&UB Prcannmaim Ag=mcnt Page 5 of 8 terminate on the 25" anniversary of such date unless extended by mutual agreement of the parties. Termination of this Agreement shall not affect the zo ning of the . Pra ert p y 17 No Partne i . Nothing contained in this Agreement shall create any partnership, joint venture or other arrangement between LKB and the Town. No term or provision of this Agreement is intended or shall be for the benefit of an y p erson, organization or entity not a party hereto, and no such other person, organization or entity shall have any right to cause of action hereunder. 18 Entirg Agr=elll. This Agreement constitutes the entire agreement between the p arties hereto pertaining to the subject matter hereof. All prior and contemporaneous agre ements , representations and understandings of the parties, oral or written, are superseded and merged into this Agreement. 19 Amendment. This Agreement may be amended only by a written amendment executed by the Town and LKB. 20 mood Standing; ALthoritX. LKB represents and warrants to the Town that (a) LKB is duly formed and validly existing under the laws of the State of Arizona and qualified to do business in the State of Arizona, and (b) the individual executing this Agreement on behalf ofLKB are authorized to do so. The Town represents and warrants to LKB that (1) the Town is a municipal corporation duly formed and validly existing under the laws of the State of Arizona, and (ii) the individual(s) executing this Agreement on behalf of the Town are authorized to do so. 21 " ' ty. If any portion of any provision of this Agreement is declared void or unenforceable, such portion shall be severed from this Agreement and the remainder of the provision and remainder of this Agreement shall remain in full force and effect. The p arties acknowledge and agree that, although the parties believe that the terms and conditions contained in this Agreement do not constitute an impermissible restriction of the p olice power of the Town, and that it is their express intention that such terms and conditions be construed and applied as provided herein, to the fullest extent possible, it is their further intention that, to the extent any such term or condition is found to constitute an impermissible restriction of the police power of the Town, such term or condition shall be construed and applied in such lesser fashion as may be necessary to reserve to the Town all such power and authority that cannot be restricted by contract. 22 tau to nt . Any party to this agreement (the "requesting " art m a y , an time p y) y� y , I and from time to time, deliver written notice to any other party requesting uch other art I' g party B (the "providing party') to provide Yn writing that, to the knowledge of the rovidin art P g party, G (a) this Agreement is in full force and effect and a binding obligation of the parties, this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (c) the request party is not in default in the p erforman ce of its obligations under this Agreement, or if in default, to describe therein the nature and 3 amount of any such defaults (a "Status Statement "). A party receiving a request hereunder shall execute and return such Status Statement within twenty (2a) days following he receipt g � thereof. The Town Manager or any Assistant Town Manager shall have the ri g ht to execute 2 Mamna4XB Prmnntacatinn Ag=mcnt Page 6 of 8 any Status Statement requested by LIMB hereunder. The To • • Town shall have no liability for monetary damages to LKB, and transferee or mortgagee, or an other • from or Y person �n connection with, resulting based upon the issuance of any Status Statement hereunder 23 Gove ag Law This Agreement shall be ov . g erred by and construed m accordance with the laws of the State of Arizona, and the arties consent • Ariz p t to and venue �n Puna County, Arizona. In particular, thrs Agreement is subject to the provisions 511. J p ors of A.R.S. � 38- IN WITNESS WHEREOF, the parties have executed this A • Agreement to be effective on the date and at the time an ordinance approving and adopting this Agreement is ap b the Town Council of the Town of Marana. p �' Date: 2!,V . CPO, o�Jel ATTEST: APPROVED AS TO FORM AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has deternvned that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the Town of Maz Daniel J. Hoc q. Attorney for Town of Martina TO OF MARANA , an Arizo n muni c corporation al p OF �4v! i c �Apo�r F � r. E�1L Z. 1 �1�I1t1� Date: l � � f �s � o / LKB, L.L.C., an ' ona limned liability company B Mar WIXB Pmwnaation Agwmmt Page 7 of 8 U I 7112�2 - wl ""'y LAW--- -- . , STATE OF ARIZONA ) County of Pima � The foregoing instrument was acknowledged before b � g ore me th1S1� � day of AW � 2�� I ln t �'` t h , e �� of LKB, L.L. C., an Arizona l imited liability company, on behalf of said limit . ed ab ty company. Notary blic MY commission Expires: flFF'CIAL SEAL JULIA A. BALDWIN NOTARY PUBLIC - ARIZONA PIMA COUNTY My Comm. Expires ,duty 18, 2003 f Y 3 Mara &UB Pfcannaation Agmcmcnt Page 8 of 8 I R R& IIC LE DE S CRIP TION PARCEL I: The South Half of the Northwest ua q rter and the North Half ` of the Southwest uarter Section 29, Township 12 South Ran q of . Range 12 East, Gila and Salt river Base and Meridian Pima County, Arizona. _ EXCEPT the North 300.00 feet of the south Half of the Northwest quarter of said Secti 29; and ton EXCEPT a strip of land 30 feet wide running along the East side of the above tract and d now occupied by pi County c Highway No. 25�, known as Scenic Drive PARCEL 2: The North 300 feet of the South Half of the Northwest quarter of Sect 29 To • 12 South, Range 12 East, Gila and Sal , nshap t River Base and Meridian, Pima Count . County, Ancona. EXCEPT any portion thereof ly ing within y g n Pima County Public Highway No. 255 as Scenic Drive. Y ,known 140\ 85894 .001\LKBrLLC\2001111514155600