HomeMy WebLinkAbout06/30/2015 Special Council Meeting Agenda PacketMARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 30, 2015, 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
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
June 30, 2015, at or after 6:00 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.
Speakiniz at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
Marana Special Council Meeting 06/30/2015 Page 1 of 150
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 Monday, June 29, 2015 6:00 PM, 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.
SPECIAL 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
Marana Special Council Meeting 06/30/2015 Page 2 of 150
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
Proclamation August 2015 as Drowning Impact Awareness Month
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P 1 Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de
Tucson (Jocelyn Bronson)
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.
C 1 Resolution No. 2015 -067: Relating to Utilities; approving and authorizing the
Utilities Director to execute Amendment No. 1 to Resource Aggregation Contract
No. 11 DSR 12215 among United States Department of Energy Western Area
Power Administration, Town of Marana, Arizona, Utilities Department, and
Arizona Electric Power Cooperative, Inc. (John Kmiec)
C 2 Resolution No. 2015 -068: Relating to Development; approving a final plat for The
Estates at the Tortolita Foothills, Lots 1 -7 and Common Area "A" (Private Streets
and Utilities), generally located along the south side of Moore Road between
Camino De Oeste and Thornydale Road (Ryan Mahoney)
C 3 Resolution No. 2015 -069: Relating to Real Estate; reclassifying and designating
certain Town -owned land adjacent to Ina Road immediately east of Interstate 10 as
Ina Road public right -of -way (Frank Cassidy)
Marana Special Council Meeting 06/30/2015 Page 3 of 150
C 4 Resolution No. 2015 -070: Relating to the Police Department; approving and
authorizing the Chief of Police to execute a renewal of 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 for fiscal year 2016 (Lisa Shafer)
C 5 Resolution No. 2015 -071: Relating to Development; approving a final replat for
Saguaro Bloom Block 4 (formerly Saguaro Springs Block 4) lots 441, 477, 480,
481 485, 486, 487 491, 492, 513 536, 545, 546 549, 556, 559 560 579, 607, and
Common Areas 'A' and 'B'. (Shannon Shula)
C 6 Approval of April 28, 2015 Special Council Meeting Minutes and June 16, 2015
Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1 Resolution No. 2015 -072: Relating to Boards, Commissions and Committees;
approving the appointment of Brad DeSpain to the Marana Public Safety Personnel
Retirement System local board (Jocelyn Bronson)
COUNCIL ACTION
A 1 Resolution No. 2015 -073: Relating to Administration; authorizing the Town
Manager to direct staff to close the relief effort account for the victims of Hurricane
Katrina established by Resolution No. 2005 -120 and to donate any funds remaining
in the account (Jane Fairall)
A 2 Resolution No. 2015 -074: Relating to Real Property; approving and authorizing the
Mayor to execute an Option and Wireless Communications Facility Lease
Agreement with Verizon Wireless LLC for the lease of approximately 864 square
feet of Town -owned property at the Town of Marana water reservoir site located at
Linda Vista Boulevard and Hartman Lane (Jane Fairall)
A 3 Resolution No. 2015 -075: Relating to Municipal Court; approving a recruitment and
selection process and a job posting, including minimum qualifications and salary
range, for the position of Town Magistrate (Jane Fairall)
A 4 Ordinance No. 2015.015; Relating to Utilities; changing the name of the Marana
Utilities Department to the Marana Water Department; and making global
conforming revisions to the Town Code (John Kmiec)
Marana Special Council Meeting 06/30/2015 Page 4 of 150
A 5 Resolution No. 2015 -076: Relating to Utilities; approving and authorizing the
Mayor to execute an agreement with B.K.W. Farms, Inc. for in lieu water deliveries
and storage (John Kmiec)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Utilities; Update on the Town of Marana's Water resources with
discussion and possible action regarding potential water resource opportunities with
Avra Water Co -op (John Kmiec)
D 2 Relating to Administration; report to the Town Council pursuant to Marana Town
Code Section 3 -4 -4 regarding an emergency purchase (Erik Montague)
D 3 Relating to Administration; discussion, consideration and possible action
regarding potential amendments to the Town Manager's Employment Agreement
between the Town of Marana and Gilbert Davidson approved on July 2, 2013 (Jane
Fairall)
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.
E 1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
E 2 Executive Session pursuant to A.R.S. §38- 431.03 (A)(1) to discuss and evaluate the
performance of Town Manager Gilbert Davidson
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
Marana Special Council Meeting 06/30/2015 Page 5 of 150
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Submitted For:
From:
Date:
Subject:
Attachments:
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65 3
Item 1
Jocelyn C. Bronson, Town Clerk
Suzanne Sutherland, Assistant to the Town Clerk
June 30, 2015
Proclamation August 2015 as Drowning Impact Awareness Month
Drowning Impact Awareness Month
Marana Special Council Meeting 06/30/2015 Page 6 of 150
\ ".. q
PROCLAMATION
DROWNING IMPACT AWARENESS MONTH 2015
Page 7 of 150
WHEREAS Drowning Impact Awareness Month will raise awareness that the
number and impact of child drowning in Arizona affects everyone; and
WHEREAS the drowning incidents in Arizona take the lives of the equivalent
of a classroom of children each year; and
WHEREAS a child drowning can happen to any family regardless of
education, race or socio-economic background; and
WHEREAS families can take simple steps to protect their children around
water to avoid the tragedy of the unnecessary loss of life; and
WHEREAS keeping children healthy and safe is a priority for the Drowning
Prevention Coalition of Arizona, fire agencies and other injury prevention
institutions in Arizona and the Town of Marana; and
WHEREAS raising awareness through education will increase knowledge of
the effective measures to take to prevent drowning.
Now, THEREFORE, the Mayor and Council of the Town of Marana proclaim
August 1 through August 31, 2015
DROWNING IMPACT AWARENESS MONTH
IN THE TOWN OF MARANA
and urge all citizens to familiarize themselves with water safety practices.
Dated this 30th day of June, 2015.
ATTEST:
Jocelyn .Bronson, Town Clerk
Marana Special Council Meeting 06/30/2015
Ed Honea, Mayor
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To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: June 30, 2015
Strategic Plan Focus Area:
Recreation
Item P 1
Subject: Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de
Tucson (Jocelyn Bronson)
Discussion:
Perimeter Bicycling Association of America /El Tour de Tucson is seeking support for the 33rd El
Tour de Tucson.
Richard DeBernardis, Founder and President, and Marilyn Hall, Media Director, will present a
short video and a plan for a new start line in Marana.
The next El Tour is November 21, 2015.
Staff Recommendation:
Presentation only.
Suggested Motion:
Presentation only.
Attachments:
No file (s) attached.
Marana Special Council Meeting 06/30/2015 Page 8 of 150
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Item C 1
To: Mayor and Council
From: John Kmiec, Utilities Director
Date: June 30, 2015
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Initiative 1: Secure all necessary water resources and infrastructure.
Subject: Resolution No. 2015 -067 Relating to Utilities; approving and authorizing the Utilities
Director to execute Amendment No. 1 to Resource Aggregation Contract No. 11 DSR
12215 among United States Department of Energy Western Area Power
Administration, Town of Marana, Arizona, Utilities Department, and Arizona Electric
Power Cooperative, Inc. (John Kmiec)
Discussion:
The Town of Marana currently participates in a hydropower resource aggregation contract with
the United States Department of Energy Western Area Power Administration (Western) and
Arizona Electric Power Cooperative, Inc. (AEPCO). The proposed amendment extends the
current term, which expires September 2015, through September 2019. Aggregation benefits all
parties and allows the Town to recoup costs for any firm hydropower resources it pays for but
does not actually use.
In response to Western's 2004 power marketing initiative that offered Parker -Davis Project
hydropower to applicants willing to contract for firm power for 20 years, the Town of Marana
Water Department applied for and received an allocation of 1 Mega Watt (MW). The Town
contracted with Western for generation and transmission of the 1 MW to the Marana Tap. A
separate contract with Trico and AEPCO provides for resource scheduling, distribution, metering
and delivery to the Town service territory ("Bill Crediting contract ") .
In 2011, the Town entered into a resource aggregation contract with Western and AEPCO that
allows for AEPCO to act as the administrative agent for the Town, including the scheduling of
any unused Town resources. Via the bill crediting contract, the Town receives a credit for these
Marana Special Council Meeting 06/30/2015 Page 9 of 150
resources in the same amount as the payment it makes to Western for the firm hydropower
resources.
Financial Impact:
Fiscal
FY 16 through FY20
Year:
Budgeted
Y
Y /N:
Town will receive
approximately
Amount:
$20,000 per year
savings under current
energy usage.
Staff Recommendation:
Staff recommends approval of the contract and the authorizations necessary to execute and
perform.
Suggested Motion:
I move to adopt Resolution 2015 -067; approving and authorizing the Utilities Director to execute
Amendment No. 1 to Resource Aggregation Contract No. 11 DSR 12215 among the United
States Department of Energy Western Area Power Administration, Town of Marana, Arizona
Utilities Department, and Arizona Electric Power Cooperative, Inc.
Attachments: Resolution 2015 -067
Resource Aggregation Contract
Marana Special Council Meeting 06/30/2015 Page 10 of 150
MARANA RESOLUTION NO. 2015-067
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE UTILITIES
DIRECTOR TO EXECUTE AMENDMENT NO.1 TO RESOURCE AGGREGATION
CONTRACT NO. 11 DSR 12215 AMONG UNITED STATES DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION, TOWN OF MARANA, ARIZONA,
UTILITIES DEPARTMENT, AND ARIZONA ELECTRIC POWER COOPERATIVE, INC.
WHEREAS the United States Department of Energy Western Area Power Administration
allocated 1000 kW of electrical power (hydropower) from the Parker -Davis Project Electric Ser-
vice to the Town of Marana Utilities Department; and
WHEREAS the Town of Marana, the United States Department of Energy Western Area
Power Administration, and Arizona Electric Power Cooperative, Inc. entered into Resource Ag-
gregation Contract No. 11 DSR 12215 dated March 3, 2011, allowing the Utilities Department to
lay off its unused hydropower to Arizona Electric Power Cooperative, Inc., and be reimbursed
for all cost to Marana, saving the Utilities Department approximately $20,000 per year; and
WHEREAS the current term of the Resource Aggregation Contract ends on Septem-
ber 30, 2015, and the parties desire to extend it; and
WHEREAS the Mayor and Council of the Town of Marana find that extension of the Re-
source Aggregation Contract is in the best interests of the Town of Marana and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that Amendment No. 1 to Resource Aggregation Contract No. 11 DSR
12215 is hereby approved, and the Utilities Director of the Town of Marana is hereby authorized
to execute it in substantially the form attached as Exhibit A to and incorporated by this reference
in this resolution, for and on behalf of the Town of Marana, extending the term of the Resource
Aggregation Contract to September 30, 2019.
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 contract as so amended.
Marana Resolution 2015 -067
Marana Special Council Meeting 06/30/2015 Page 11 of 150
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30th day of June, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution 2015 -067
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Special Council Meeting 06/30/2015 Page 12 of 150
AMENDMENT NO. 1 TO
CONTRACT NO. 11 -DSR -12215
AMONG
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Desert Southwest Regional Office
Parker -Davis Project
Salt Lake City Area Integrated Projects
AND
TOWN OF MARANA, ARIZONA UTILITIES DEPARTMENT
AND
ARIZONA ELECTRIC POWER COOPERATIVE, INC.
FOR
RESOURCE AGGREGATION
Table of Contents
Section Title Page No.
1 Preamble ....................................................... ............................... 1
2 Explanatory Recitals ..................................... ............................... 2
3 Agreement ..................................................... ............................... 2
4 Modification of Section 5 of the Original Contract ..................... 2
(Effective Date and Term)
5 Term of Amendment ..................................... ............................... 3
6 Original Contract to Remain in Effect .......... ............................... 3
7 Execution in Counterpart .............................. ............................... 3
8 Authority to Execute ..................................... ............................... 3
SignatureClause ................................................................... ............................... 4
Marana Special Council Meeting 06/30/2015 Page 13 of 150
AMENDMENT NO. 1 TO
CONTRACT NO. 11 -DSR -12215
AMONG
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
Desert Southwest Regional Office
Parker -Davis Project
Salt Lake City Area Integrated Projects
AND
TOWN OF MARANA, ARIZONA UTILITIES DEPARTMENT
AND
ARIZONA ELECTRIC POWER COOPERATIVE, INC.
FOR
RESOURCE AGGREGATION
1. PREAMBLE: This Amendment No. 1 (Amendment) is made this day of ,
2015, as part of Contract No. 11 -DSR -12215 (Original Contract), among Western Area
Power Administration (Western), the Town of Marana, Arizona Utilities Department
(Marana), and the Arizona Electric Power Cooperative, Inc. (AEPCO), pursuant to the
same authorities as the Original Contract and subject to all of the provisions of the
Original Contract, except as amended herein. Western, Marana, and AEPCO may
individually be referred to as Party and collectively as Parties; except that Marana and
AEPCO may be referred to individually as Contractor and collectively as Contractors.
1
Marana Special Council Meeting 06/30/2015 Page 14 of 150
2. EXPLANATORY RECITALS
5.
We
2.1 The Contractors have entered into contracts with Western for firm electric service
from the P -DP and /or SLCA /IP.
2.2 The Parties entered into Original Contract in order to include certain of the
Contractors' electrical loads and generation resources for power scheduling; and
%OPM%
have AEPCO, as Marana's Administrative Agent, manage and act on behalf of
00 "' I* te
amend
GINAL CONTRACT TO REMAIN IN EFFECT Except as expressly modified
by this Amendment, the Original Contract shall remain in force and effect, and this
Amendment shall be subj ect to all terms of the Original Contract.
7. EXECUTION IN COUNTERPART This Amendment may be executed in any
number of counterparts and, upon execution and delivery by each Party, the executed and
2
Marana Special Council Meeting 06/30/2015 Page 15 of 150
delivered counterparts together shall have the same force and effect as an original
instrument as if all Parties had signed the same instrument. Any signature page of this
Amendment may be detached by any counterpart of this Amendment without impairing
the legal effect of any signatures thereon, and may be attached to another counterpart of
0
binds and obligates the Party.
6V
3
Marana Special Council Meeting 06/30/2015 Page 16 of 150
The Parties named below have caused this Amendment No. I to Contract
No. I I -DSR- 12215 to be executed in accordance with Section I herein.
'm
Address Desert Southwest Redo
TOWN OF MARANA, ARIZONA
UTILITIES DEPARMENT
ATTEST:
Title
*e
John Kmiec
Title Utilities Director
'aw
Address 5 1 00 West Ina Road
Marana, AZ 85743
4
Marana Special Council Meetin 06/30/2015 Pa 17 of 150
The Party named below has caused this Contract No. 11 -DSR -12215 to be executed the
date first written above.
ARIZONA ELECTRIC POWER COOPERATIVE, INC.
Do
ATTEST:
Title
6 V
Marana Special Council Meeting 06/30/2015 Page 18 of 150
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Item C 2
To: Mayor and Council
Submitted For: Ryan Mahoney, Director of Planning
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -068: Relating to Development; approving a final plat for
The Estates at the Tortolita Foothills, Lots 1 -7 and Common Area "A" (Private
Streets and Utilities), generally located along the south side of Moore Road
between Camino De Oeste and Thornydale Road (Ryan Mahoney)
Discussion:
Request
Star Consulting, on behalf of Cornerstone Homes, is requesting the approval of a final plat
consisting of 7 lots and Common Area "A" on 25.76 acres.
Vocation
The proposed subdivision is located on the south side of Moore Road between Camino De Oeste
and Thornydale Road.
Zonin
The zoning is "R -144" (Single Family Residential - minimum lot size of 144,000 square feet).
The proposed average lot size is 147,047 square feet with minimum lot size of 144,000 square
feet (Lot 1) and a maximum lot size of 15 7,7 10 square feet (Lot 3).
Transportation
Access to the site will be off Old Father Road via a private street named Cornerstone Court (36
feet wide common area with a gated entryway). The plat includes a dedication of an additional
20 feet for Moore Road and 30 feet of dedication for Old Father Road. A revised Phase 1
Environmental Report has been submitted and accepted by the Town for the dedications.
Marana Special Council Meeting 06/30/2015 Page 19 of 150
Staff Recommendation:
Staff finds that the proposed final plat is in compliance with all required development regulations
and conditions of zoning. Staff recommends approval of a final plat for The Estates at the
Tortolita Foothills, Lots 1 -7 and Common Area "A ".
Suggested Motion:
I move to adopt Resolution No. 2015 -068, approving a final plat for The Estates at the Tortolita
Foothills, Lots 1 -7 and Common Area "A ".
Attachments: Resolution 2015 -068
Location Map
The Estates at the Tortolita Foothills Final Plat
Application
Marana Special Council Meeting 06/30/2015 Page 20 of 150
MARANA RESOLUTION NO. 2015-068
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR THE ESTATES AT
THE TORTOLITA FOOTHILLS, LOTS 1 -7 AND COMMON AREA "A" (PRIVATE
STREETS AND UTILITIES), GENERALLY LOCATED ALONG THE SOUTH SIDE OF
MOORE ROAD BETWEEN CAMINO DE OESTE AND THORNYDALE ROAD
WHEREAS Star Consulting, on behalf of Cornerstone Homes, has applied for approval
of a final plat for The Estates at the Tortolita Foothills consisting of 25.76 acres, including Lots
1 -7 and Common Area "A ", and generally located along the south side of Moore Road between
Camino De Oeste and Thornydale Road; and
WHEREAS the Mayor and Council of the Town of Marana determined at its June 30,
2015 meeting that the final plat for The Estates at the Tortolita Foothills, Lots 1 -7 and Common
Area "A ", should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the final plat for The Estates at the Tortolita Foothills, Lots 1 -7 and
Common Area "A" (Private Streets and Utilities), is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30th day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -068
Marana Special Council Meeting 06/30/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
6/19/2015 11:57 RJC FJC
Page 21 of 150
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Marana Special Council Meeting 06/30/2015 Page 22 of 150
The Estates at the
Tortolita Foothills
MARANA
Final Plat
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Marana Special Council Meeting 06/30/2015 Page 22 of 150
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ONIOM21O M dO 30NMf1SS1 Ol 21O81d 03AO21ddM 391Sf1A ONM 03111A8f1S 39 7VHS (010 S21M3)\ M NMHl SS31)121Od3213021f1OS3 wd 111f10 M '66
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'3dO13AN3 30NM8f1211S10 /ONiciiin9 03NI430 3H1010311WI1 SI (S1N3A3SM3 ONIGAIOX3)
1O1 3H1 dO 30NM821f11S1011M '0301AO21d 39 7VHS 3dO13AN3 30NM821f11S10 /9N1011f18 3H1 ONINI430 NOIld810S301M931 03dWM1S 0101 H0M3
2104 SS30M21d 11A213d 9NIOM219 6 3dA13H1 dO 121Md SM 'S1N3A3SM3 ONIOf110X3 30NMUAiS10 dO 1334 321Mf1OS OOO Ol 0311)\11 SI 101 H0M3 '96
'd33NION3 NMOl 3H1 Ol 318M1d300M 32101MH1 NO1103S 1N3A3AMd M H11M ONM NO1103S SSO210 M Ol 03AMd 38111M OMO21213H1M4 010 '96
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SM 0NM 1Mld SIH1 NO NMOHS SM "3 E6'21 "N 6 61 6E NO1103S dO b16 '3'N 3H1 dO 3NI1 H121ON 3H1 SI 1Mld SIH121O4 S0N81M38 d0 SISVO 3H1 'b6
'SA3ISAS 011d3S 1Mfl01AIGNl NO 30111M 5101 'E6
'110NA03 NMO1 MNM2IMA 3H1 dO IVAO21ddM N31181M3H11f1OH11M3NO0 30 7VHS 0NI1111dS 1O1213HDdAzl ON 76
'21O1M211SINIAOM
NIM1d0OO14 3H1 A8 03AO21ddM SM 1N3A3OMNMA NIM1d0OO14 H11M 31811MdAO0 32101MH1 S3Sfl Ol 0 310 811 53 21 38 111M M321M SIHl NI ONM111M
ONM 00014 A0N3A03214 dV3A M AO21d 9N10OO14 01103COAS 38 AMA 1MH1 M321M NM S1N3S3dd3d S11A11 00014 21M3A N33M138 M321M 3H1 '6 6
0021 ZZ'0
101 /3M E'E AilSN30 03SOdO21d
bb 6 ONINOZONIISIX3 '06
'133211S 31MA81d 3H1 NO 03111A213d lON S1 ONIN21Md '101 HOM3 40 AMM3A810 ONM 3OM21MO 3H1 NI 0301AM21d S1 ONI>NVd '6
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4S ZVO'ZvI 0301AO21d 3ZIS 1O13OM213AM
4S 000'bb6 0301AO21d 3ZIS 101 mmNIA '9
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S311A E'o SI S133211S 31MAI21d NON d0 S311A 10101 'b
S311A 6'0 SI 5133211S 0118f1d M3N d0 S311A 10101 'E
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Ol 0301AO21d N338 3AMH MNOZ8IM 'A1Nf1O0 MAId dO 213021 3H1 dO 301440 3H1 NI 2138Af1N
30N3f1O3S NI 0302100321 SM AO21d d0 A21Od 3H1 NI S30NM21f1SSM
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lON SM321M NI 031M0O121O 321f110f1211S 3H1 dO 21012131X3 3H1 d0 SNO1121Od 110 Ol 133211S 1S321M3N 3H1 WO2dd 1334
096 213A0 SS300M '3MM21O %Z6 213AO SS333V `JNIAVH 'dOO212130Nn M321M 210014 dO 1334 321M(lOS 009E 213AO SEMIUM0 'L
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d0 S3SMHd 1100Ni\dnO NOUI0NO0 3181031 M NI 03NIViNIHW 38 7VHS NO1S 3H1 'OMM1 SS333V 1N3Al21Md30 3211d A3H1
2104 3181SIA NOliV3O1 M NI 031SOd 38 7VHS SS32100M (INV 2138Af1N 101 213011(18 3H1 dO 3AMN 3Hi E)MA411N301 NO1S M '9
'3000 NOIS IV3O13H1 HlIM AIMO011MHS ONUNAOW NO1S 'AMMOMO213H1 d0 S301S H1O8 NO SNOTS
3NM132114 - 0N1821Md ON, iN3NMA213d H11M 03N\dVn 3811MHS H101M NI 1334 9Z Ol OZ SOMO21 SS333V 1N3Al21Md30 32114 'S
'3115 3H1 NO SIVI 1EiMA NOli3A\11SNO0 31811Sf18AO0 d0 NO110f10O211N1
3H1 Ol 21O81d 318M301A213S ONV 031531 '0311b'1SN138 7VHS MOId 3211d 03211f1O3213H1 ON101AO21d S1NM210AH
3211d 03MA0321 ONV SONAOd 000'92 d0 (]Vol 03SOdNl 3H1 ONI121Oddf1S dO 318MdM0 SOMO21 SS333V 213H1M3M 110 'b
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3A11031d3213AI9 '1NM210AH 3211d M 01 OMO21 SS300M Sf11M21MddM 32114 dO 133211S M NO 1NIOd ANM AO2141334 09Z NMH1
30NM1S10 2131H3219 ON ONM 1334 009 NMHl 2131H3219 ON dO 9Nl3Vc S 3OMd3AM NV H11M 031M0O130 7VHS S1NM210AH 32114
'S21(lOH Z d0 NOI1M21f10 AflA1NIA M 2104 31f1NIA 2134 SNO11MO 0006 d0 nnvglNIA M 30 7VHS NOISIA108f1S SIHl 2104 MOId 32114 'E
'NOlilSOd N3dO 3H1 Ol 11f1M43011MHS S31M9 08110313
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'SA3d 10811SI0 3211d 1S3MH121ON HlIM 31811MdAO0 , dn AOVO (XOO XONA) H011MS Aid M SM 113M SM 1N3Adino310811S10
321141S3MH121ON H11M 31811MdAO013dA1 AA03 301130 ONIN3dO NM H11M 03ddin03 30 7VHS S31MO 012110313 'Z
'NOWSOd N3dO 3H1 NI 03AOO121O S3A1111M 1M NOIl10NO0
3AIMM213d0 NM NI 03NIM1NIMW 38 7VHS S1N3NOdAO3 3100 '(S21311f1011O8) 51001 A211N3 3181021Od 021M0NM1S dO
SNM3A A8 03N3dO EM38 dO 318MdMO 3210 A3H1 SS31Nn NIMH3 210 HOOIOMd M H11M 03800138 lON 7VHS S31MO 0NIN3dO
1Mf1NMA 'NOS213d 3NO A8 NOI1M213dO 1M(1NMA MO11M 1MH1 S1M12131MA 40 0310f1211SNO0 3dA1 ONI011S 210 ONIONIMS 3H1
40 3811MHS S31M9 '13AM211 dO NO11032J10 NO ONIA213S N3HM H101M NI 1334 b6 NMHl SS31 ON ONM 13AM211 dO SNO11032J10
OMl ONI1213S N3HM H101M NI 133d OZ NMHl SS31 ON ONIN3dO NM 301AO21d 7VHS S31M0 OMO21 SS333V SAiVdMddM 32114 6
SHON 1ONiS10 O2Jld 1S3MHiWN
MNM2IMA d0 NMOl
3100 2101032110 Alllllfl
AS
'A1ddAS 2131MM 03\dASSM NM ONIAMH SM 031MNOIS30 M321M NM NIH11M 5311 NOISIA108f1S SIHl
'9602 d0 AMO 3H1 NO MNM2IMA d NMOl 3H1 dO110Nf1O
ONM NMOl 3H1 A8 03AO21ddM SMM 1Mld SIHl 1MH1 A4112130 A83213H MNM2IMA d0 NMOl 3H1 dO A\d310 ` I
3100 1N3Al21Md30 2131MM NOS0f114O )\110
A8
3100 1M811SI0 3211d 1S3MH121ON
AS
3100 MNM2IMA d0 NMOl - 2101032110 S3111111f1
AS
3100 2101032110 ONINNMId MNM2IMA
AS
3100 213OMNMA 0N8133Nl0N31N3AdO13A30 / 2133NION3 NMOl
'3'd AS
SIVAM21ddM MNM2IMA d0 NMOl
IVAO2Jddb
53HIdX3 NOISSINNO3 AA 01 A21MlON
'03NIM1NO0 N13213H1 S3SOddnd 3H121O41N3Af1211SN1
9N1O9321Od 3H1031f103X3 `00 Ol OS 03Z81OHiAV 0N138 ONM 011 OMO2132100A 1M S3 3NO1 Sd3N21O0 dO 213NMO
3H139 Ol 03O031MONH0M SI OHM I1S321OM NHOf 0321M3ddM AIIMNOS213d 3A 3210438 'b60Z d0 AMO SIHl NO
( MAld 40 A1NAO0
SSA
( MNOZ8IM 40 31M1S
1N3AO00O1MONNOb
'3SIM213H101ON ONM)\INO 'S 1Sf12112130Nn 331Sf1211
SM 011 'A0N3OM A1121(103S 31111080 'ANMdAO0 A11118MI1 0311AI1321MMM130 0'011 MNOZI2IM 40 A0N3OM A181f103S 31111
'NOISIA108(1S SIHl NIH11M M321M NOAAO3 ONV SAMM3OMNIM210 31MAMd 3H1 d0 A11118MI1 ONM A134MS
30NMN31NIMA IO211NO0 3H1 21O4 3181SNOdS321 SI H01HM 'NOliVl3OSSM 3H1 dO 2138A3 M 39 7VHS NOI SIA108(1S 3H1 NIH11M
213NMO 1O1 A213A3 ONM H3V3 'MNOZMV 'A1Nf1O0 MAId dO 213021O0321 3H1 dO 301440 3H1 NI 2138A(1N 30N3f1O3S
NI 0302100321 SNOUM US321 ONV SNOIl10NO0 S1NMN3AO0 A8 03HS118M1S3 SM S213NMO 1O11Mf101A10N1 d0 NOI1M10OSSM
NM NI 031S3A 38 7VHS M321M NOAAOO ONM SAMM3OMNMM210 31MA81d 110 01 31111 2133Nl9N3 NMOl 3H1 A8 03AM21ddM SM SONMI
213H1O (INV NOISIAI08(1S SIHl AM214 '11M4NIM21 210 00014 `30M421f1S 213H13HM'2131MM d0 MO14 3H12104 03A213S321 OSIV 3210
SAM OE)VNIM210 31MAl21d '53111111(1 ONf1O21O2130Nf1 dO 30NMN31NIMA ONM NOI1M11M1SN13H12104 03A213S321321M `SAMM3OMNIM210
31M181d lON ills M321M NOAAOO '53311AN1 ONM S1S3f1O 2113H1 ONV NOISIA108f1S SIHl NIH11M Al213dO21d d0 S213NMO 110 dO
30N31N3ANO0 ONM 3SA 31MA81d 3H12104 031213532132101Mld SIHl NO NMOHS SM M3HV NOAAO3 ONM SAMM3OMNIM210 31MA81d
'MNM2IMA d0 NMO13H1 dO IVAO21ddM 3H11f1OH11M 0310(1211S8O 210 `03821f11S10 '03213110 38 lON 7VHS 39MNIM2101M21(11MN
'11M4NIM2121O 'OOOId '30M421f1S 213H13HM 2131MM A8 03Sf1M0 3OMAM0 210 'NOISO213 3OMMO14 ONI0OO14 d0 NOSM321 AS 321f11f14
3H1 NI ONM MON SONM13S3H1 dO 3S(13H1 Ol 031H1321 S3OMAM0 2104 SAIMIO 110 ONM ANM 1SNIM0M ONM AO21d SS31A21MH
S1N3OM ONM'52130144O 'S33AO1dA3 Sll 'MNM2IMA d0 NMO13H1 OIOH A83213H SNOISSM ONM S21OSS300f1S 21f1O ONV3M
'1Mld
SIHl NO 031ON S3SOd21fld 210 3SOd21fld 3H1 2104 MNM2IMA d0 NMOl 3H1 Ol 031001030 3210 1Mld SIHl NO NMOHS S1N3A3SM3
213H1O'AMM OM Ol 1O211NO0 SS300M dO 3SOddnd 3Hl 2104 MNM2IMA d0 NMOl 3Hl Ol 031001030 321O1M1d
SIHl NO NMOHS S1N3A3SM3 SS333V ON 'Sd3M3S ONV S3111111f1 0118f1d 'Ol SS333V ONM '40 30NMN31NIMA ONM NOI1M11M1SN1
dO 3SOd21fld 3H12104 MNVdVN d0 NMOl 3H1 Ol 031001030 32101Mld SIHl NO NMOHS SM S1N3A3SM3 Alllllfl 'SAMM3OMNMM210
ONM `SA311M 'S133211S 110 ONIOf110N1 1Mld SIH1 NO NMOHS AMM 7V MNM2IMA d0 NMO13H10131O01030
A03213H 3M'1Mld SIHl NO NMOHS 213NNMA 3H1 NI ONMI SIHl d0 NOISIA108f1S 3H1 Ol 1N3SNO0 3M ONM '1Hld SIHl NO NMOHS
ONM13H1 NI 1S32131N131111334 ANM 0NIAMH S31121Md A1NO 3H1 ONV 7V 321O3M 1MH11NM2121MM A03213H 03N91S2130Nn 3H1 '3M
NOUV310O0
NW CORNER SECTION I BOOK 57 PAGE 58 (M &P)
'CALCULATED PER (4) - - - - - - - - - ZONE: R -144 - - - -
PC DOT REFERENCE PINS MOORE ROAD SLOPE AND DRAINAGE
AT CAMINO DE OESTE EASEMENT PER
PUBLIC ROAD
DOCKET 13339 AT
o (FORMERLY TORTOLITA ROAD #206) PAGE 1313
N.W. CORNER
-- --
- NE 1/4 NW 1/4 -- -r- - -- -- -- -- - -�� -- -- -- --
SECTION 31 aO p Q ° � n
w a w o a a o¢ N 89 °46 E 2529.63'
N 89 °46 E 1210.17' _ _ _ � _ o c� ¢ co o n - - - - - -
1157.20' 52.97' o o °o.ad N� °w - - - - JY - - 1319.46'
N ° o N 89 °46'45" E 1319.48' a °m 292.00'
L 0 1289.48 - BLIC RIGHT -OF -WAY DEDICATE BY THIS PLAT 38,094 SF
m - - - - --
I N89 °4fi95 "E- �319�2' - 0.87 ACRES -eZ '
TAGGED " LS 41603" /
- -
rn• �i FL16
u
TAGGED "LS 10046" 5 w (D 3
30.8' SOH - SLOPE AND DRAINAGE U N U) F F Y
EASEMENT PER ° ,¢ Y ° ¢ ¢
c DOCKET 13339 AT J °o �� 1 w
PAGE 1313 m m �• \ m ¢ of
7 oc 100 -YEAR FLOODPLAI a \ CD
1 \ a a LIMITS
I \ 25' EROSION HAZARD
\ \ SETBACK
1 \ 3 I _ \
T
\ 50.00' TYPICAL - N\ r FL1
157,710 SF
3.62 I I I I \ 50.00' TYPICAL � BUILDING SETBACK IN
\ TURBANCE BUILDING SETBACK (SIDE) 2 FL241i
(MAXIMUM DISTURBANCE
\ (SIDE) 151.591 SF 2 FL25 F� w
\ ENVELOPE IS 25,000 S.F.) Fri 144,000 5F
a 3.48 ACRES
\ ° (MAXIMUM DISTURBANCE ! FL27 I'/ ° 3.31 ACRES
\ o (MAXIMUM DISTURBANCE
I ° ENVELOPE IS 25,000 S.F.) \ \ to 0
\ \ \ \a ENVELOPE IS 25,000 S.F.)
\ s SO \ \
< m i \
\ 930 F \ 0- LU 9 / 1
\ \Q�
w O Z_ n
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LL , 4 \\ �� �� FL6 Noz ?� F 0 >-
144,015 SF �oQ° \ �� �� mm ��� I� oow m�
3.31 ACRES o� I New m
(MAXIMUM DISTURBANCE ti a o \ - _ L -
ENVELOPE IS 25,000 S.F.) ° \ ' C 24.19' ° ¢ f_220.34' ° Q
/ °� w - - - �L3r -- - - - - -- -
__ _ w
- -- �- o FL36 - - --
00 - -_ 3931�-
w a N - �� COMMON AREA A 593.60 74.26' 107.61
\ M - - 195.2 -C� I _ _C ORNE RS TON E C
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V) O m 100 -YEAR FLOODPLAIN / 1� \lso i / / a w 100-YEAR FLOODPLAIN �I tCy� > ¢ a w
LIMITS w LIMITS / is � z m o w
/ I ' w 25' EROSION HAZARD
25' EROSION HAZARD I /
SETBACK / �� 1 i / SETBACK /ci °z
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15.00' PUBLIC INGRESS,
EGRESS AND UTILITY / /_ ry �t / ,_ I �I o 0 L
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DKT6
DKT 6102 AT PG 557, / ��. /� L FL 5
DKT 6208 AT PG 342 AND / �FL65 J / /F / / FL 4 °
DKT 9369 AT PG 425 �i FL53
1 5
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0
N
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15.00' PUBLIC UTILITY ° �� , , 6 I / �(° 144,013 SF 144,001 SF / y FL 0 144,001
E ASEMENT PER 5ti 3.31 ACRES 3.31 ACRES / �� FL 8 3.31 ACF
DKT 6458 AT PAGE 482 5 y �6 / I I (MAXIMUM DISTURBANCE (MAXIMUM D � FL 7 (MAXIMUM DIST
ENVELOPE IS 25,000 S.F.) ENVELOPE IS 25,000 S.F.) Cy �F�• F ENVELOPE IS 2
I
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FL43 FL79
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FL73 �L72 �� FL41 FL122 L� / FL78
FL74
9° FL40 �� /�° FL77 _
1 � � y ! 549.82' 367.21' 37378 f
86.46'- 30.18' 433.18' _ 142.22' - �-- 60.02' FL75 164.97'
FL38 FL39
S 89'47'26" W 1290.21'
TAGGED " LS 12214 1 UNSUBDIVIDED UNSUBDIVIDED UNSUBDIVIDED
219- 34 -003C 219- 34 -003F 219- 34 -003E
ZONE: R -144 ZONE: R -144 ZONE: R -144
I
R O LARI S 3528 N.FLOWING WELLS R
AND TUCSON, ARIZONA 85705
TEL.: (520) 322 -6400
SURVEYING, LLC FAX: (520) 322 -6401
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SVT EASEMENT
CURVE DATA TABLE
CURVE NUMBER
RADIUS
LENGTH OF ARC
CENTRAL ANGLE
Cl
25.00'
25.45'
58
C2
50.00'
41.15'
47 0 09'23"
C3
50.00'
82.30'
94
C4
50.00'
41.15'
47 0 09'23"
C5
50.00'
41.15'
47 0 09'23"
C6
50.00'
239.38'
274
C7
50.00'
41.15'
47 0 09'23"
C8
50.00'
41.15'
47 0 09'23"
C9
50.00'
82.30'
94
C 10
50.00'
41.15'
47 0 09'24"
C11
25.00'
39.31'
90 0 05'07"
C12
50.00'
90.07'
103
C13
50.00'
62.00'
71
C14
50.00'
87.31'
100 0 02'46"
FL57
38.78'
N 19 0 54'07" E
FL58
FLOODPLAIN
LINE DATA
TABLE
LINE NUMBER
DISTANCE
BEARING
FL1
12.54'
N 37 0 42'13" W
FL2
23.18'
N 14 0 45'10" W
FL3
20.25'
N 34 0 38'00" W
FL4
22.80'
N 08 0 5305" W
FL5
29.20'
N 37 0 03'17" E
FL6
27.62'
N 84 0 25'53" E
FL7
12.44'
N 45 0 33'52" E
FL8
44.14'
N 26 0 27'08" E
FL9
14.89'
N 16 0 30'52" W
FL10
31.27'
N 03 0 52'52" E
FL11
45.70'
N 43 0 41'06" E
FL12
12.14'
N 02 0 51'51" E
FL13
18.02'
N 11 0 00'06" W
FL14
69.50'
N 21 W
FL15
28.06'
N 10 0 29'19" E
FL16
27.65'
N 03 0 0354" W
FL17
55.64'
N 30 0 01'13" E
FL18
27.18'
N 28 0 46'00" E
FL19
42.04'
N 08 0 20'09" E
FL20
63.81'
N 27 0 30'53" W
FL21
28.92'
N 01 °48'13" W
FL22
33.46'
N 13 0 27'25" W
FL23
20.83'
N 07 0 36'03" E
FL24
21.60'
S 83 0 47'16" E
FL25
11.16'
N 31 W
FL26
24.37'
N 62 0 53'38" E
FL27
12.20'
N 29 0 54'54" E
FL28
45.79'
N 17 0 39'39" W
FL29
13.87'
N 09 0 18'05" E
FL30
60.88'
N 70 0 36'38" E
FL31
18.48'
N 08 0 52'13" W
FL32
19.86'
N 14 0 47'56" E
FL33
15.54'
N 45 0 33'33" E
FL34
28.43'
N 10 0 25'23" E
FL35
18.20'
N 10 0 26'16" W
FL36
10.05'
N 03 0 50'31" E
FL37
9.93'
N 39 0 41'40" E
FLOODPLAIN LINE DATA TABLE
LINE NUMBER
DISTANCE
BEARING
FL38
11.55'
N 61 E
FL39
13.55'
S 84 0 45'43" E
FL40
3.85'
N 70 0 12'47" E
FL41
16.48'
N 22 0 44'58" E
FL42
10.31'
N 65 °58'11" E
FL43
8.92'
N 41 E
FL44
7.13'
N 23 0 58'35" E
FL45
30.40'
N 17 0 45'20" E
FL46
41.77'
N 73 0 05'37" E
FL47
19.61'
N 42 0 02'26" E
FL48
51.43'
N 01 0 44'52" E
FL49
43.07'
N 24 0 06'40" W
FL50
17.34'
N 57 0 10'35" E
FL51
39.35'
N 45 0 10'45" E
FL52
17.47'
S 88 0 27'60" E
FL53
8.28'
N 58 0 03'48" E
FL54
19.54'
N 36 0 20'44" E
FL55
58.44'
N 11 0 59'42" E
FL56
26.61'
N 32 0 05'17" W
FL57
38.78'
N 19 0 54'07" E
FL58
26.90'
N 82 0 47'15" W
FL59
7.99'
S 04 0 29'07" W
FL60
18.90'
S 40 0 52'26" W
FL61
45.96'
S 10 0 2326" E
FL62
45.98'
S 10 0 17'12" W
FL63
26.39'
S 73 0 32'10" W
FL64
50.71'
S 48 0 52'56" W
FL65
14.35'
S 73 °52'11" W
FL66
100.27'
S 08 0 21'07" E
FL67
34.36'
S 73 0 20'58" W
FL68
27.11'
S 27 0 40'34" W
FL69
26.53'
S 10 0 51'25" W
FL70
27.23'
S 52 0 41'28" W
FL71
22.85'
S 47 0 03'36" W
FL72
13.86'
S 66 0 39'29" W
FL73
9.05'
N 63 0 27'00" W
FL74
12.40'
S 29 0 43'49" W
FL75
16.30'
N 30 0 55'04" E
FL76
16.34'
N 20 0 53'29" E
FL77
11.59'
N 61 E
FL78
8.74'
N 11 0 00'38" E
FL79
12.95'
N 33 0 33'39" E
FL80
7.58'
N 54 0 57'06" W
FL81
20.41'
N 05 0 08'54" E
FL82
15.10'
N 03 W
FL83
13.80'
N 26 0 52'29" W
FL84
8.41'
N 03
FL85
25.77'
N 69 0 42'12" E
FL86
26.60'
N 64 E
FL87
7.23'
N 17 0 42'41" W
FL88
13.97'
N 15 0 12'43" E
FL89
5.95'
N 38 0 01'01" W
R AND O LA R I S 3528 N.FLOWING WELLS RD
TUCSON, ARIZONA 85705
TEL.: (520) 322 -6400
SURVEYING, L L C FAX: (520) 322 -6401
SUPPLEMENTAL NOTES
1. BENCHMARK: THE BASIS OF ELEVATIONS FOR THIS SURVEY IS PIMA COUNTY /CITY OF TUCSON GEODETIC CONTROL POINT "NNO2" DESCRIBED AS A
PUNCHED STEEL ROAD IN CASTING IN CASTING, 60' SOUTH OF A POWER POLE, 0.9 MILES WEST OF THE INTERSECTION OF THORNYDALE AND
TANGERINE ROADS, LOCATED IN NORTHWEST)/4 OF SECTION 6, T. 12 S., R. 13 E., G. & S. R. M., PIMA COUNTY, AZ. THE ELEVATION OF SAID
BENCHMARK IS 2,302.32', NAVD 88 DATUM.
2. DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING.
3. DRAINAGE WILL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE APPROVAL OF THE MARANA TOWN COUNCIL.
4. HOMEOWNER'S ASSOCIATION WILL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE, CONTROL, SAFETY, AND LIABILITY OF PRIVATE
DRAINAGEWAYS, DRAINAGE EASEMENTS, AND COMMON AREAS.
5. THE DESIGN SPEED IS 20 MPH.
6. THE DESIGN VEHICLE IS THE WB -40.
7. COMMON AREA A IS 41,140 SF (PRIVATE STREETS).
8. TOTAL SQUARE FOOTAGE OF PUBLIC STREETS IS 0 SF.
TOTAL SQUARE FOOTAGE OF PUBLIC RIGHT -OF -WAY IS 59.378 SF.
9. ALL WEATHER ACCESS WILL BE PROVIDED TO ALL LOTS WITHIN THE SUBDIVISION.
10. THE REQUIRED ON -SITE DRAINAGE FACILITIES (STORM WATER DRAINAGE AND RETENTION) SHALL BE INSTALLED, AT NO EXPENSE TO THE TOWN.
11. DRAINAGE STRUCTURES AT ROAD CROSSINGS FOR INTERIOR SUBDIVISION STREETS SHALL BE INSTALLED ACCORDING TO TOWN STANDARDS AND
PAID FOR BY THE DEVELOPER.
12. DRAINAGE TO BE CARRIED IN PAVED AND CURBED STREETS SHALL BE CONTAINED WITHIN THE CURBS.
13. DRAINAGE MUST BE COLLECTED AND RELEASED FROM THE SUBDIVISION AT THE LOCATIONS AND IN THE MANNER INDICATED BY THE ORIGINAL
TOPOGRAPHY.
14. DRAINAGE CHANNEL CANNOT RUN ADJACENT TO ROADWAY.
15. NO BUILDING SITE IN A SUBDIVISION WILL BE LOCATED WITHIN THE 100 -YEAR FLOOD LIMITS.
16. THE REQUIRED PRIVATE STREET SHALL BE GRADED AND PAVED AND ALL REQUIRED DRAINAGE IMPROVEMENTS SHALL BE INSTALLED, AT NO
EXPENSE TO THE TOWN.
17. THIS SUBDIVISION WILL BE SERVED BY INDIVIDUAL SEPTIC SYSTEMS, NOT PUBLIC SEWER.
18. THE REQUIRED OFF -SITE AND ON -SITE WATER MAINS SHALL BE INSTALLED IN SUCH A WAY THAT EACH LOT CAN BE SERVED THEREFROM, AT NO
EXPENSE TO THE TOWN.
19. THE PRIVATE STREET SHALL BE BORDERED BY AN APPROVED CURB. SIDEWALKS ARE NOT REQUIRED OR PROVIDED FOR THIS SUBDIVISION.
20. STREET NAME SIGNS, STREET LIGHTS, SIGNALS AND OTHER REQUIRED TRAFFIC CONTROL DEVICES SHALL BE INSTALLED, AT NO EXPENSE TO THE
TOWN.
21. FIRE HYDRANTS SHALL BE INSTALLED AS REQUIRED BY TOWN SPECIFICATIONS AND /OR NORTHWEST FIRE DISTRICT AT NO EXPENSE TO THE TOWN.
24. RECREATION AREA IS NOT REQUIRED OR PROVIDED FOR THIS SUBDIVISION
25. ELECTRIC POWER, TELEPHONE LINES, CABLE TELEVISION AND FIBER OPTIC
26. UNDERGROUND INSTALLATIONS SHALL BE CONSTRUCTED PRIOR TO SURFF
SUBDIVISION FOR UNDERGROUND UTILITIES SHALL BE PLACED AT SUCH LE
IMPROVEMENTS WHEN SERVICE CONNECTIONS ARE MADE. SCREENING OF
PROVIDED.
27. ALL OVERHEAD ELECTRIC POWERLINES OF 67kv OR LESS SHALL BE UNDER
KEYNOTES
O 6" VERTICAL CURB
O 2 2' CONCRETE WEDGE CURB, 6" REVEAL
O CULVERT ROAD CROSSING- FINAL CULVERT DESIGN TO BE VERIFIED BY HYDROLOGY REPORT AND DETAILED ON THE GRADING PLAN
2 -36" MINIMUM DIAMETER, 1% MINIMUM SLOPE, RIPRAP SPLASH PAD WITH FILTER FABRIC AS SIZED BY HYDROLOGY REPORT
O CULVERT ROAD CROSSING- FINAL CULVERT DESIGN TO BEVERIFIED BY HYDROLOGY REPORTAND DETAILED ON THE GRADING PLAN
1 -24" MINIMUM DIAMETER, 1% MINIMUM SLOPE, RIPRAP SPLASH PAD WITH FILTER FABRIC AS SIZED BY HYDROLOGY REPORT
OWNER:
CORNERSTONE
616 W. LAS
TUCSON,
ATTN:
PHONE:
EMAIL:
DEVELOPER:
CORNERSTONE
HOMES ATMOORE ROAD, LLC
LOMITAS ROAD
AZ 85704
JOHN AGRESTI
(520) 795 -4873
JOHN @CORNERSTONEHOMEAZ.COM
HOMES
616 W. LAS
TUCSON,
ATTN:
PHONE:
EMAIL:
LOMITAS ROAD
AZ 85704
JOHN AGRESTI
(520) 795 -4873
JOHN @CORNERSTONEHOMEAZ.COM
SEPTIC SYSTEM SETBACKS
1. 10 FOOT BUILDING SETBACK TO AN ON -SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED R18- 9 -A312 (C)
2. 5 FOOT PROPERTY LINE SETBACK TO AN ON -SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED R18- 9 -A312 (C)
3. 100 FOOT WELL SETBACK TO AN ON -SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED R18- 9 -A312 (C)
4. 50 FOOT WASH OR DRAINAGE EASEMENT SETBACK TO AN ON -SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED
WHERE THE WASH OR DRAINAGE AREA IS MORE THAN 20 ACRES R18- 9 -A312 (C)
5. 5 FOOT DRIVEWAY SETBACK TO AN ON -SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED R18- 9 -A312 (C)
6. 5 FOOT EASEMENT SETBACK TO AN ON-SITE WASTEWATER TREATMENT FACILITY, INCLUDING RESERVE AREA IS REQUIRED R18- 9 -A312 (C)
7. TYPICAL PRIMARY AND RESERVE AREAS ARE SHOWN ON SUPPLEMENTAL SHEET 2
36.00' COMMON AREA W
ACCESS, UTILITIES, SIGNAGE & MAINTENANCE
20.00'
2.00' 2.00'
6.00' 10.00' 10.00' 6.00'
LANE LANE
1.060 1.00%
2' WEDGE CURB 2.5" AC
6" REVEAL 4" ABC
A PROPOSED PRIVATE STREET
N.T.S.
30' PUBLIC RAN
24'
1.00' 1.00'
12.00' 12.00'
2.00' LANE LANE 2.00'
12" CONCRETE 3.5" AC
HEADER (TYP) 5" ABC
B PROPOSED OLD FATHER PUBLIC
N.T.S.
SHEETINDEX
SHEET 1: COVER SHEE
SHEET 2: SITE PLAN
SHEET 3: DETAILS AND
0
0
O
•
0
O
0
0
L ;II
F /7ZME /0
ACCEPTANCE BLO
BY:
TOWN ENGINEER / DI
MARANA PLANNING [
NORTHWEST FIRE DI
O LA R I S 3528 N.FLOWING WELLS I
RAND TUCSON, ARIZONA 85705
TEL.: (520) 322 -6400
SURVEYING, LLC FAX: (520) 322 -6401
9 2__ .011 \ ) 7 S
Marana Special Council Meeting 06/30/2015 Page 28 of 150
MAR
PLANNING & ZONING APPLICATION
TYPE Of APPLI C AT 1 (Check 0 n
Preliminary Plat
General Plan Amendment _ _ Variance
` final Plat
Specific Plan Amendment Conditional Use Permit
- Development Plan
. Rezone /Specific Plan __ Annexation
_ Landscape Plan
Significant Land Use Change Minor Land Division
Native Plant Permit -
- SWPP
Water Plan
Improvement Plan (specify type in the Description of Project box *)
ffi e r
2. GENERAL DATA REQUIRED
Assessor's Parcel Number(s) , ; z General Plan Designation
C11A C (To be confirmed by staff)
Gross Area (Acre /Sq. Ft.)
Current Zoning
(To be confirmed by staff) V L
Development/Proj ect Name
Proposed Zoning F
- .9
.2
Project Location
Project
' k'
i
Description of Project
, ',
Property Owner
Street Address
City `
`
S i Cede R Phone Numb Fax Number A E -Mail Address • -c Irk
otrna
-
Contact Person Phone Number /E -fail '{
Applicant � -
� '} -
t T � • . + ti
2T n
Street Address
-
+ •.1
City
S Zi Code Phone Number Fax Number E -Mail Address
Contact Person
Phone Number /E -mail
-c 11c, f - Y 1° 1�� . oo" T-
Agent/Representative
Street Address
City
State
Zip Code
Phone Number
Fax Number E -Mail Address
Contact Person
Town of Marana
Business License No.
3. AUTHORIZATION OF PROPERTY GINNER
1, 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 writin by the owner to file this application and checklist.
(If not owner f record, attach w ftten authorization from the owner.)
1 ' 71 J
_
rir�. a pp }One# Signature Date
1 1 11 t q
Cascl. g
ReCV'd: B�' I
- CRW# •
9 2__ .011 \ ) 7 S
Marana Special Council Meeting 06/30/2015 Page 28 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65 3
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 3
Subject: Resolution No. 2015 -069: Relating to Real Estate; reclassifying and designating certain
Town -owned land adjacent to Ina Road immediately east of Interstate 10 as Ina Road
public right -of -way (Frank Cassidy)
Discussion:
In 2009, the Town of Marana received a Deed of Dedication from Tucson Electric Power
Company for a 45 -foot strip of Ina Road right -of -way adjacent to what is now the Ina Freedom
Self Storage site, immediately east of Interstate 10. The dedication gave the Town of Marana
ownership of the entire 75 foot half right -of -way of Ina Road north of the south section line of
Section 36, Township 12 South, Range 12 East -- the centerline of Ina Road.
A portion of this right -of -way is shown in the Pima County Assessor's records as a Town -owned
parcel of land (Pima County Assessor's Parcel Number 221-38-00 1 E) instead of being classified
and designated as Ina Road public right -of -way. If adopted, this resolution will correct this issue
and designate the Town -owned parcel of land as public right -of -way.
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -069, designating Town -owned land at the
northeast corner of Interstate 10 and Ina Road as Ina Road public right -of -way.
Suggested Motion:
I move to adopt Resolution 2015 -069, designating Town -owned land at the northeast corner of
Interstate 10 and Ina Road as Ina Road public right -of -way.
Attachments: Resolution 2015 -069
Marana Special Council Meeting 06/30/2015 Page 29 of 150
373 Exhibits
373 LocationMap
Marana Special Council Meeting 06/30/2015 Page 30 of 150
MARANA RESOLUTION NO. 2015-069
RELATING TO REAL ESTATE; RECLASSIFYING AND DESIGNATING CERTAIN
TOWN -OWNED LAND ADJACENT TO INA ROAD IMMEDIATELY EAST OF
INTERSTATE 10 AS INA ROAD PUBLIC RIGHT -OF -WAY
WHEREAS the Town of Marana owns certain land at the northeast corner of Ina Road
and Interstate 10 as a result of a Deed of Dedication recorded in the office of the Pima County
Recorder on July 1, 2009, at Docket 13591, Page 747 (Sequence 20091260235), now bearing
Pima County Assessor's Parcel Number 221 -3 8 -001 E and legally described and depicted in the
legal description and depiction attached to and incorporated by this reference into this resolution
as Exhibit A and Exhibit A -1 respectively (the "Subject Land "); and
WHEREAS the Mayor and Council of the Town of Marana find that the public interests
are served by reclassifying and designating the Subject Land as Ina Road public right -of -way.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, Arizona, as follows:
SECTION 1. The Subject Land, being the Town -owned land legally described on Exhibit
A and depicted on Exhibit A -1 attached to and incorporated by this reference in this resolution, is
hereby reclassified and designated as additional Ina Road public right -of -way.
SECTION 2. The Town Engineer and town staff are hereby authorized to take all other
actions and execute all other documentation necessary to carry out this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 30th day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00042065.DOCX /}
Marana Resolution No. 2015 -069
Marana Special Council Meeting 06/30/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
6/24/2015 12:37 PM FJC
Page 31 of 150
EXHIBIT A
LEGAL DESCRIPTION
A portion of that parcel conveyed to Tucson La's & Electric Company as described in
Docket 2432 at Page 0036 in the Office of the Recorder, Pima County, Arizona, more
particularly described as follows:
The westerly 200 feet measured perpendicularly to the northeasterly lire of the Union
Pacific Railroad right-of-way of the north 45 feet of the south 75 feet of the Southeast
Quarter of Section 36, Township 12 South, Range 12 East, Gila and Salt River Meridian,
Pima. County, Arizona.
The above described land contains 0.279 acres, more or less.
Marana Special Council Meeting 06/30/2015
Page 32 of 150
HMI MM Desaigions109052 TEP 45' strip Ina Road -doc dar02 -19-09
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.a.. _
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SCALE 161 200' ' '
TUCSON, ARIZONA
DF1 D. A. R. DATE -2009
c R DATE TITLE, THE WESTERLY 200 MEASURED PERPENDICULARLY ULAF LY T THE
EDD DATE NORTHEASTERLY THEASTERLY LINE OF THE # P. . . R/W OF THE
SUP Marana §p@cial Council eetingNORIJIo4 ' OF THE SOUTH 75 O F THE SOUTHEAST V4 OF
EhkG DATE
SECTION 36, . R. S. M. PIMA COUNTY, AR ZONA
S. E. COIF. SEC. 36
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Marana Special Council Meeting 06/30/2015 Page 34 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZO A 8 5 65 3
Item C 4
To: Mayor and Council
From: Lisa Shafer, Community Development Director
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -070: Relating to the Police Department; approving and authorizing
the Chief of Police to execute a renewal of 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 for fiscal
year 2016 (Lisa Shafer)
Discussion:
In October of 2014, the Marana Police Department entered into an Intergovernmental Agreement
with the State of Arizona through the Department of Public Safety, authorizing Marana PD to
assign one officer to the Arizona Vehicle Theft Task Force ( AVTTF). The AVTTF is funded by
the State one year at a time and is renewed each July 1 st if funding exists. The State of Arizona
has funded this task force for the next year, therefore this agreement requires the Chief of Police
to execute the renewal for the 2016 Fiscal Year. This IGA funds 75% of the salary of the assigned
officer and 100% of the pre- authorized overtime. DPS also assigns and maintains the officer's
vehicle while assigned to the task force.
The Arizona Vehicle Theft Task Force, 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
Marana Special Council Meeting 06/30/2015 Page 35 of 150
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.
Financial Impact:
Fiscal Year: 2016
Budgeted Y /N: Y
Amount: $85
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 renewal of the IGA with the State of Arizona Department of
Public Safety.
Suggested Motion:
I move to adopt Resolution No. 2015 -070, approving and authorizing the Chief of Police to to
execute a renewal of an existing 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 for fiscal year 2016.
Attachments: Resolution 2015 -070
IGA Renewal
Marana Special Council Meeting 06/30/2015 Page 36 of 150
MARANA RESOLUTION NO. 2015-070
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE A RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE
TOWN OF MARANA REGARDING THE ADMINISTRATION, FUNDING AND OPERA-
TION OF THE ARIZONA VEHICLE THEFT TASK FORCE FOR FISCAL YEAR 2016
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 on October 7, 2014, the Town Council adopted Resolution No. 2014 -096,
approving and authorizing the Chief of Police to execute an intergovernmental agreement with
the Arizona Department of Public Safety regarding the administration, funding and operation of
the AVTTF for fiscal year 2015; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to renew the AVTTF intergovernmental agreement for fiscal year 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, approving the renewal of the intergovernmental agreement between DP S
and the Town of Marana Police Department for the AVTTF, attached to this resolution as Exhib-
it 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.
Marana Resolution No. 2015 -070
Marana Special Council Meeting 06/30/2015 Page 37 of 150
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30th day of June, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -070
Marana Special Council Meeting 06/30/2015
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 38 of 150
ARIZONA DEPARTMENT OF PUBLIC SAFETY
2102 WEST ENCANl'O BLVD. P.O. BOX 6638 PHOENIX, ARIZONA 85005 -6638 (802)223 -2000
DOUGLAS A. DU FRANK L. MILSTEAD
Governor Director
June 1, 2015
Terry Roema, Chief
Marana Police Department
1 1555 West Civic Center give
Marana, AZ 8 5 653
Re: IGA Contract #2014
Dear Chief Roema:
"Courteous Vi
In accordance with Section XV of the Intergovernmental Agreement IGA between our
agencies, please be advised that the Depart of Public Safety will be exercising its option t
renew this agreement between your agency and the vehicle Theft Task Force (VTT
Your signature below will continue the IGA which will remain valid and in effect until June 30
2016. Please return this letter in the envelope provided.
If you have any questions, please feel free to contact me at (602) 223 - 2629 or b email at
bcam be llas,,azd . .
Sincerely,
Bruce Campbell, Captain
Cr�rninal Investigations Bureau
nt
CONCUR:
R:
Term Ro ema, Chief
Marana Police Department
Date
Marana Special Council Meeting 06/30/2015 Page 39 of 150
9 MAI�A)!
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Item C 5
To: Mayor and Council
From: Shannon Shula, Planner I
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -071 Relating to Development; approving a final replat for Saguaro
Bloom Block 4 (formerly Saguaro Springs Block 4) lots 441, 477, 480, 481, 485, 486,
487, 491 492 513 536, 545 546 549, 556, 559 560 579, 607, and Common Areas 'A'
and 'B'. (Shannon Shula)
Discussion:
History
The final plat for Saguaro Springs Block 4 was approved by the Town Council on December 19,
2006 by Resolution 2006 -207. An amended final replat for Saguaro Springs Block 4 was
approved by the Town Council on December 17, 2013 by Resolution 2013 -118. The replat
increased Common Areas 'B', removed lots 476, 557 558 and 559, and reconfigured lots 441,
477, 480 481, 491, 492 513, 545, 546 536, 548, 549 556, 559, 560 579, and 607.
Common Area 'A' was noted on the preliminary plat of Saguaro Springs Blocks 8A and 4 by
Resolution 2005 -91 approved on July 19, 2005. However, it was not included in the final plat of
Saguaro Bloom Block 4 (Resolution 2006 -07) approved on December 19, 2006 or on the final
replat of Saguaro Bloom Block 4 (Resolution 2013 -118) approved on December 17, 2013. The
error was noted and is addressed in this final replat request.
Request
Michael Baker Inc., on behalf of Marana 670 Holdings, LLC, is requesting approval of a
final replat of Saguaro Bloom Block 4 (formally Saguaro Springs Block 4). The requested replat
is being proposed to increase open space and passive recreation areas within the community in
Common Area 'B'. This will be accomplished through the elimination of lot 548, therefore
increasing adjacent lot 549 from 7,128 square feet to 8,423 square feet and Common Area 'B'
from 19,403 square feet to 24,304 square feet. Common Area 'A' has been noted and included in
this final replat.
Marana Special Council Meeting 06/30/2015 Page 40 of 150
Location
The proposed development is located on the northwest corner of N. Saguaro Peaks Boulevard and
W. Twin Peaks Road.
Zoning
Block 4 is zoned R -6 (single - family residential, minimum lot size 6,000 square feet). The
replatted area has a minimum lot size of 6,000 square feet (lot 491), a maximum lot size of 8,690
square feet (lot 441) and an average lot size of 6,576 square feet.
Transportation
Access to Saguaro Bloom is provided by W. Twin Peaks Road to the south and W. Lambert Lane
to the north. The primary spine roads, N. Saguaro Highlands Drive and N. Saguaro Peaks
Boulevard connect W. Twin Peaks Road to W. Lambert Lane. Block 4 has two access points, one
from N. Saguaro Peaks Boulevard and one on N. Saguaro Highlands Drive.
Staff Recommendation:
Staff finds that the final replat is in compliance with the Dove Mountain Specific Plan, the
Marana Land Development Code and the Marana General Plan. Staff recommends approval of
this final plat.
Suggested Motion:
I move to adopt Resolution No. 2015 -071, approving a final replat for Saguaro Bloom Block 4
(formerly Saguaro Springs Block 4) lots 441, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536,
545, 546 549 556, 559, 560 579 607 and Common Areas 'A' and 'B'.
Attachments: Resolution 2015 -071
Final Plat
Location Map
Application
Marana Special Council Meeting 06/30/2015 Page 41 of 150
MARANA RESOLUTION NO. 2015-071
RELATING TO DEVELOPMENT; APPROVING A FINAL REPLAT FOR
SAGUARO BLOOM BLOCK 4 (FORMERLY SAGUARO SPRINGS BLOCK 4) LOTS 441,
477 480 481 485 486 487 491 492 513 536, 545 546 549 556 559 560, 579 607 AND
COMMON AREAS `A' AND 'B'.
WHEREAS, the Saguaro Springs Block 4 Final Plat was approved by the Town Council
on December 19, 2006, as Resolution 2006 -207; and
WHEREAS, the partial replat for Saguaro Bloom Block 4 (formerly Saguaro Springs
Block 4) lots 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545, 546, 547, 548,
549 556 557 558 559 560 579 607, and Common Area 'B' was approved by the Town
Council on December 17, 2013, as Resolution 2013 -118; and
WHEREAS, the applicant, Michael Baker Inc., representing the property owners, has
applied for approval of a partial replat for Saguaro Bloom Block 4 (formerly Saguaro Springs
Block 4) lots 441, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545, 546, 549, 556, 559,
560 579 607, and Common Areas `A' and 'B' on 6.95acres, and generally located on the
northwest corner of N. Saguaro Peaks Boulevard and W. Twin Peaks Road, within Sections 18
& 19, Township 12 South, Range 12 East; and
WHEREAS, the Town Council, at their June 30, 2015 meeting find that the final plat for
Saguaro Bloom Block 4 (formerly Saguaro Springs Block 4) lots 441, 477, 480, 481, 485, 486,
487 491 492 513 536 545 546 549 556 559 560 579 607, and Common Areas `A' and 'B',
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the final plat for Saguaro Bloom Block 4 (formerly Saguaro Springs
Block 4) lots 441, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545, 546, 549, 556, 559,
560 579 607, and Common Areas `A' and 'B', is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30 day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -071
Marana Special Council Meeting 06/30/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
8/7/2014 10:13 AM FJC
Page 42 of 150
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RESIDENTIAL
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N00 °04 "W _ 2645.5
SOUTHEAST CORNER,
SECTION 18,
FOUND 1/2" REBAR PLANNING ■ DESIGN ■ CONSTRUCTION
WITH TAG "RLS 14172" 2929 NORTH CENTRAL AVENUE, SUITE 800
■ ■ ■ PHOENIX, ARIZONA 85012 -2794
CONSULTING 602.279.1234 • FAX 602.279.1411 • www.RBF.com
NORTHEAST CORNER,
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WITH 1 1/2" LEAD CAP
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LOTS 441, 477, 480, 481, 485, 486, 487, 491, ".1res: /!Pl
492, 513, 536, 545, 546, 549, 556, 559, 560,
579, 607 AND COMMON AREAS 'A' AND 'B'
EPLAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
ILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
N OF MARANA CASE NO.: PRV- 13034F
RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET _ 2 _ OF _ 7 _
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LOTS 441, 477, 480, 481, 485, 486, 487, 491,
492, 513, 536, 545, 546, 549, 556, 559, 560,
579, 607 AND COMMON AREAS 'A' AND 'B'
A REPLAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
546, 547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
PLANNING ■ DESIGN ■ CONSTRUCTION NOTE: LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
UNLESS OTHERWISE NOTED; EXISTING TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
2929 NORTH CENTRAL AVENUE, SUITE 800 EASEMENTS AND RIGHT OF WAY PER SAGUARO THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
■ ■ ■ PHOENIX, ARIZONA 85012 -2794 SPRINGS, BLOCK 4 BOOK 62 OF MAPS & TOWN OF MARANA CASE NO.: PRV- 13034F
CONSULTING 602.279.1234 ■ FAX602.279.1411 ■ www.RBF.com PLATS, PAGE 6, PIMA COUNTY RECORDER RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET - 3 - OF - 7 -
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KEY MAP
■ ■ ■ PHOENIX, ARIZONA 85012 -2794
CONSULTING 602.279.1234 ■ FAX 602.279.1411 ■ www.RBF.com
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LOTS 441, 477, 480, 481, 485, 486, 487, 491,
492, 513, 536, 545, 546, 549, 556, 559, 560,
579, 607 AND COMMON AREAS 'A' AND 'B'
A REPLAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
546, 547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
NOTE LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
UNLESS OTHERWISE NOTED; EXISTING TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
EASEMENTS AND RIGHT OF WAY PER SAGUARO THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
SPRINGS, BLOCK 4 BOOK 62 OF MAPS & TOWN OF MARANA CASE NO.: PRV- 13034F
PLATS, PAGE 6, PIMA COUNTY RECORDER RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET _ 4 _ OF _ 7 .
SEQUENCE N0._________--�,�__
MATCH SHEET 4
w
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4 SAGUARO BLOOM, BLOCK 4 gP2 0NA,
F ,5
Tf LOTS 441, 477, 480, 481, 485, 486, 487, 491, p ' eg: o9 /
E I I j 5 � 492, 513, 536, 545, 546, 549, 556, 559, 560,
n \ \ 579, 607 AND COMMON AREAS 'A' AND 'B'
o N
o Q
o ° / 40 20 0 40 80 120 KEY MAP A REPLAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
546, 547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
SCALE: 1 " =40' BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
CD PLANNING ■ DESIGN ■ CONSTRUCTION NOTE LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
Q UNLESS OTHERWISE NOTED; EXISTING TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
? o 2929 NORTH CENTRAL AVENUE, SUITE 800 EASEMENTS AND RIGHT OF WAY PER SAGUARO THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
< ■ ■ ■ PHOENIX, ARIZONA 85012 -2794 SPRINGS, BLOCK 4 BOOK 62 OF MAPS 8c
TOWN OF MARANA CASE NO.: PRV- 13034F
j CONSULTING 602.279.1234 ■ FAX602.279.1411 ■ www.RBF.com PLATS, PAGE 6, PIMA COUNTY RECORDER RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET _ 5 _ OF _ _
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S HEE T 5
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y�X p .. � FF J lyf C70 ° �g w SI LENT SAGUARO
So 0 o J- R�
26
SOUTH QUARTER CORNER,
\��
SECTION 18,
FOUND 1/2" REBAR WITH
TAG "RLS 14172" 3 � 9 i y \ c
70 /S
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F NA, U 1 5
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SAGUARO BLOOM, BLOCK 4,
LOTS 441, 477, 480, 481, 485, 486, 487, 491,
492, 513, 536, 545, 546, 549, 556, 559, 560,
��
2g
/
579, 607 AND COMMON AREAS 'A' AND 'B'
/
SS /
/
546,
A REPEAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
NOTE: PLANNING ■ DESIGN ■ CONSTRUCTION
UNLESS OTHERWISE NOTED; EXISTING
EASEM ENTS AND RIGHT OF WAY PER SAGUARO 2929 NORTH CENTRAL AVENUE, SUITE 800
SPRINGS, BLOCK 4 BOOK 62 OF MAPS & ■ ■ ■ PHOENIX, ARIZONA 85012 -2794
PLATS, PAGE 6, PIMA COUNTY RECORDER CONSULTING 602.279.1234 • FAX 602.279.1411 ■ www.RBF.com
BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
TOWN OF MARANA CASE NO.: PRV- 13034F
RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET _6 _ OF _ 7 _
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CURVE TABLE
CURVE TABLE
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
CURVE #
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
CURVE #
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
Cl
887.76'
1000.00'
50 ° 51'54"
858.89'
N08 ° 52'24 "W
475.53'
C21
72.04'
367.00'
11 ° 14'46"
71.92'
S29 ° 20'53 "E
36.13'
C86
54.52'
2114.00' 1
° 28'39"
54.52'
S64' 34'01"W
27.26'
C2
66.49'
2250.00'
1 ° 41'35"
66.49'
S33 ° 27'33 "E
33.25'
C22
5.81'
367.00'
0 ° 54'25"
5.81'
S23 ° 16'17 "E
2.90'
C87
65.00'
2023.00' 1
° 50'27"
65.00'
S53 ° 56'15 "W
32.50'
C3
1036.33'
2250.00'
26 ° 23'23"
1027.19'
S19 ° 25'04 "E
527.52'
C23
56.09'
200.00'
16 ° 04'11"
55.91'
S14 ° 46'59 "E
28.23'
C88
15.80'
25.00' 36
° 12'00"
15.53'
S46 ° 10'58 "W
8.17'
C4
194.73'
1125.00'
9 ° 55'02"
194.48'
S78 ° 48'59 "W
97.61'
C24
173.40'
800.00'
12 ° 25'09"
173.06'
SOD ° 32'20 "E
87.04'
C89
20.39'
60.00' 19
° 28'16'
20.29'
S36 ° 33'16 "W
10.29'
C5
170.40'
627.00'
15 ° 34'18"
169.88'
N88 ° 26'21 "W
85.73'
C25
544.72'
2000.00'
15 ° 36'18"
543.04'
S56'46'01 IV
274.06'
C90
20.01'
390.00' 2
° 56'21"
20.00'
S32 ° 07'02 "E
10.01'
C6
132.34'
777.00'
9 ° 45'32"
132.18'
N23 ° 12'35 "W
66.33'
C26
134.13'
1070.00'
7 ° 10'55"
134.04'
N60 ° 58'42 "E
67.15'
C91
20.04'
900.00'
1 ° 16'33"
20.04'
S21 ° 28'17 "E
10.02'
C7
45.15'
777.00'
3 ° 19'47"
45.15'
N16 ° 39'55 "W
22.58'
C27
699.53'
1980.00'
20 ° 14'33"
695.90'
S58 ° 28'35 "W
353.45'
C92
20.01'
393.00'
2 ° 55'01"
20.01'
S67 ° 25'16 "E
10.01'
C8
223.72'
2446.50'
5 ° 14'22"
223.64'
S17 ° 37'13 "E
111.94'
C28
294.65'
530.00'
31 ° 51'11"
290.87'
S48 ° 32'47 "W
151.24'
C93
0.11'
60.00' 00
° 06'30"
0.11'
N46'1 4'09"E
0.06'
C9
266.36'
2446.50'
6 ° 14'17"
266.23'
S23 ° 21'32 "E
133.31'
C29
257.75'
181.00'
81 ° 35'28"
236.52'
S58 ° 56'1 5 "W
156.21'
C94
20.17'
60.00' 19
° 15'44"
20.08'
N36 °33'02 "E
10.18'
C10
261.95'
2446.50'
6 ° 08'05"
261.83'
S29 ° 32'43 "E
131.10'
C30
12.15'
25.00'
27 ° 50'57"
12.03'
S17 ° 05'57 "W
6.20'
C95
0.11
60.00' 00
° 06'03"
0.11'
N26 0 52'09 "E
0.05'
C11
72.30'
2446.50'
1 ° 41'35"
72.29'
S33 ° 27'33 "E
36.15'
C31
19.46'
25.00'
44 ° 35'34"
18.97'
S53 ° 19'121V
10.25'
LINE TABLE
NO. BEARING LENGTH
L32 N83 ° 46'30 "E 20.37'
L33 N17 ° 06'37 "VV 82.00'
L34 N48 ° 26'54 "VV 66.59'
L35 N83 ° 46'30 "E 61.40'
L36 N83 ° 46 '30 "E 48.15'
C12
221.33'
803.50'
15 ° 46'56"
220.63'
N26 ° 24'53 "W
111.37'
C32
37.12'
1102.00'
1 ° 55'48"
37.12'
S76 ° 34'53 "W
18.56'
C13
319.53'
803.50'
22 ° 47'05"
317.43'
N07 ° 07'52 "W
161.90'
C33
119.80'
1102.00'
6 ° 13'43"
119.74'
S80 ° 39'38 "W
59.96'
C14
161.96'
380.00'
24 ° 25'14"
160.74'
N16 ° 28'18 "E
82.23'
C34
139.29'
604.00'
13 ° 12'47"
138.98'
N89 ° 37'07 "W
69.95
LINE TABLE
C15
160.44'
1026.00'
8 ° 57'34"
160.27'
S78 ° 26'38 "E
80.38'
C35
24.79'
25.00'
56 ° 48'40"
23.79'
N54 ° 36'23 "W
13.52'
NO.
L1
BEARING
N35 ° 41'09 "W
LENGTH
47.46'
C16
28.36'
1026.00'
1 ° 35'02"
28.36'
S73 ° 10'20 "E
14.18'
122.70'
C36
60.09'
754.00'
4 ° 33'58"
60.07'
N23 ° 55'04 "W
30.06'
C17
236.96'
370.00'
36 ° 41'40"
232.93'
S54 ° 01'59 "E
C37
37.49'
25.00'
85 ° 55'03"
34.07'
N21 ° 19'26 "E
23.28'
L2
N22 ° 49'05 "W
45.72'
C18
144.88'
367.00'
22 ° 37'06"
143.94'
S24 ° 22'36 "E
73.39'
C38
41.32'
25.00'
94 ° 42'00"
36.78'
S68 ° 22'02 "E
27.14'
L3
N48 ° 57'51 "E
26.42'
C19
157.96'
923.00'
9 ° 48'20"
157.77'
N17 ° 58'13 "W
79.18'
C39
44.08'
177.00'
14 ° 16'08"
43.97'
S13 ° 52'58 "E
22.15'
L4
S32 ° 37'11 "W
37.77'
C20
194.89'
923.00'
12 ° 05'53"
194.53'
N28 ° 55'20 "W
97.81'
C40
134.57'
777.00'
9 ° 55'22"
134.40'
S01 ° 47'13 "E
67.45'
L5
N83 ° 46'30 "E
62.20'
L6
N83 ° 46'30 "E
216.60'
L7
S53 ° 45'00 "E
14.01'
CURVE TABLE
CURVE TABLE
L8
N37 ° 15'13 "E
14.51'
CURVE #
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
CURVE #
LENGTH
RADIUS
DELTA
CHORD
CHORD BEARING
TANGENT
L9
N20 ° 05'32 "E
14.34'
C41
43.82'
25.00'
100 ° 25'42"
38.42'
N65 ° 30'11 "W
30.02'
85.12'
C62
26.46'
2469.50'
0 ° 36'50"
26.46'
S33 ° 59'56 "E
13.23'
L10
S70 ° 43'02 "E
14.14'
C42
170.18'
2469.50'
3 ° 56'54"
170.15'
S17 ° 15'47 "E
C63
35.28'
25.00'
80 ° 51'18"
32.42'
NO6 ° 07'18 "E
21.30'
L11
S19 ° 16'58 "W
15.56'
C43
16.16'
25.00'
37 ° D1'46"
15.88'
N00 ° 43'21 "W
8.37'
C64
8.88'
25.00'
20
8.83'
N56 ° 43'31 "E
4.49'
L14
N73 ° 21'06 "W
15.37'
C44
20.29'
25.00'
46 ° 29'26"
19.73'
N41 ° 02'15 "E
10.74'
C65
46.28'
2003.00'
1 ° 19'25"
46.27'
S66 ° 14'22 "W
23.14'
L15
N33 ° 33'25 "W
8.43'
C45
20.42'
25.00'
46 ° 48'03"
19.86'
S87 ° 40'59 "W
10.82'
C67
65.00'
2114.00'
1 ° 45'42"
65.00'
S62 ° 56'51 "W
32.50'
L16
N84 ° 10'06 "E
14.23'
C46
18.D4'
25.00'
41 ° 21'01"
17.65'
N48 ° 14'29 "W
9.43'
C68
42.08'
2114.00'
1 ° 08'26"
42.08'
S66 0 08'52 "W
21.04'
L18
S17 ° 38'19 "E
19.92'
C47
168.90'
2469.50'
3 ° 55'07"
168.86'
S29 ° 31'31 "E
84.48'
25.68'
C69
10.99'
204.00'
3 ° 05'12"
10.99'
S31 ° 35'04 "W
5.50'
L19
S53 ° 51'36 "E
20.00'
C48
39.94'
25.00'
91 ° 32'13"
35.83'
N14 ° 17'01 "E
C70
33.85'
25.00'
77 ° 34'43"
31.32'
N68 ° 49'50 "E
20.09'
L20
S27 ° 21'25 "E
28.00'
C49
28.01'
1047.00'
1 ° 31'58"
28.01'
N60 ° 49'07 "E
14.01'
C71
47.11'
25.00'
107 ° 58'03"
40.44'
S18 ° 23'47 "E
34.39'
L21
S70 ° 43'02 "E
14.50'
C50
54.53'
1047.00'
2 ° 59'04"
54.53'
N63 ° 04'38 "E
27.27'
7.41'
C72
28.49'
507.00'
3 ° 13'10"
28.48'
S37 ° 11'49 "W
14.25'
L22
N25 ° 43'02 "W
19.33'
C51
14.82'
2023.00'
0 ° 25'11"
14.82'
S64 ° 21'34 "W
C73
72.79'
507.00'
8 ° 13'32"
72.72'
S42 ° 55'10 "W
36.46'
L23
S12 ° 20'31 "W
31.39'
C52
117.10'
2023.00'
3 ° 19'00"
117.09'
S51 ° 21'31 "VV
58.57'
C74
42.27'
396.00'
6 ° 06'56"
42.25'
S43 ° 18'41 "W
21.15'
L24
S43 ° 42'36 "E
20.00'
C54
41.68'
25.00'
95 ° 31'31"
37.02'
S82 ° 32'13 "E
27.54'
C75
25.47'
60.00'
24 ° 19'13"
25.28'
N60 ° 12'04 "E
12.93'
L25
S22 ° 49'05 "E
20.00'
C55
130.33'
344.00'
21 ° 42'25"
129.55'
S23 ° 55'15 "E
65.95'
C76
12.46'
60.00'
11 ° 54'04"
12.44'
N42 ° 05'26 "E
6.25'
L26
S35 ° 41'09 "E
20.00'
C56
117.33'
946.00'
7
117.26'
N16 ° 37'14 "W
58.74'
C80
838.93'
945.00'
50 0 51'54"
811.66'
N08 0 52'24 "W
449.38'
L27
S35 ° 41'09 "E
20.OD'
C57
21.06'
25.00'
48 ° 15'24"
20.44'
S03'57'1 61V
11.20'
29.07'
C81
832.28'
937.50'
50 ° 51'54"
8D5.21'
NO8 ° 52'24 "W
445.81'
L28
S72 ° 22'49 "E
20.00'
C58
58.13'
1977.00'
1 ° 41'05"
58.13'
S63 ° 43'37 "W
C82
15.82'
2312.50'
0 ° 23'31"
15.82'
S34 ° 06'35 "E
7.91'
L29
S16 ° 33'33 "W
6.00'
C59
9.21'
1093.00'
0 ° 28'58"
9.21'
N64 ° 19'41 "E
4.60'
C83
30.21'
60.00'
28 ° 50'53"
29.89'
N48 ° 43'48 "W
15.43'
L30
N48 ° 26'54 "W
73.95'
C60
55.84'
1093.00'
2 ° 55'37"
55.83'
N62 ° 37'24 "E
27.92'
23.51'
C84
25.46'
1093.00'
1 ° 20'04"
25.46'
N60 ° 29'33 "E
12.73'
L31
N17 ° 06'37 "W
91.46'
C61
37.74'
25.00'
86 ° 28'58"
34.25'
N76 ° 56'00 "W
r C85
10.03'
2114.00'
0 ° 16'19"
10.03'
S65 ° 26'30 "W
5.01'
PLANNING ■ DESIGN ■ CONSTRUCTION
� f 2929 NORTH CENTRAL AVENUE, SUITE 800
■ ■ ■ PHOENIX, ARIZONA 85012 -2794
CONSULTING 602.279.1234 ■ FAX 602.279.1411 ■ www.RBF.com
S L
y � i r S
21782<
SCOTT A. 2
NELSON
$ m s 5/4/15
f 2 0NA, �' S
SAGUARO BLOOM, BLOCK 4, °1 'es: /��
LOTS 441, 477, 480, 481, 485, 486, 487, 491,
492, 513, 536, 545, 546, 549, 556, 559, 560,
579, 607 AND COMMON AREAS 'A' AND 'B'
A REPLAT OF LOTS 441, 476, 477, 480, 481, 485, 486, 487, 491, 492, 513, 536, 545,
546, 547, 548, 549, 556, 557, 558, 559, 560, 579, 607 AND COMMON AREAS 'A' AND 'B'
RECORDED AS SAGUARO SPRINGS, BLOCK 4 IN
BOOK 62 OF MAPS & PLATS, PAGE 6, PIMA COUNTY RECORDER
LOCATED IN PORTIONS OF SECTION 18 & SECTION 19,
TOWNSHIP 12 SOUTH, RANGE 12 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA
TOWN OF MARANA CASE NO.: PRV- 13034F
RELATED CASE NO.: PRV- 04131F/1C JUNE 2015 SHEET _ 7 _ OF _ 7
SEQUENCE N0._________--�,�__
MARANA PROPERTY LOCATION
%I\
PLANNING
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CASE NUMBER: PRV- 13034E
TITLE: Saguaro Bloom, Block 4 (A resubdivision of Saguaro Springs, Block 4), Final Plat
REQUES '� of Saguaro Bloom Block 4 (formally Sag uar6l�?Wdg 4).
r_T ��
MARANA pLANNING &ENGINEERING APPLICATION
=/ I \
❑ Specific Plan
❑ Improvement Plan (specify type in Description of Project box * )❑ Other
_ 2. GENERAL DATA R_ EQUIRED
Assessor's Parcel T General Plan Designation R
N b f } 216 -40 -448 to 216 -40 -665 (T b f d b t VA Medium Density Residential
um er s
1. TYPE OF APPLICATION(heick One)
❑ Preliminary Plat
0 Final Plat
❑ General Plan Amendment
ElVariance
❑ Development Plan
El SWPP
❑ Landscape Plan
El Native Plant Permit
❑ Specific Plan Amendment
❑ Conditional Use Permit
❑ Rezone /Specific Plan
❑ Native Plant Exception
El Significant Land Use Change
❑ Minor Land Division
❑ water Plan
❑ Annexation
❑ Specific Plan
❑ Improvement Plan (specify type in Description of Project box * )❑ Other
_ 2. GENERAL DATA R_ EQUIRED
Assessor's Parcel T General Plan Designation R
N b f } 216 -40 -448 to 216 -40 -665 (T b f d b t VA Medium Density Residential
um er s
o e con irme y s a
Current Zoning
Gross Area (Acre/Sq. Ft.)
47.7 AC l 2,077,805 SF
R-6
(To be confirmed by sta
Development/Project Name
Saguaro Bloom Block 4 T Proposed Zoning R_6
g
Project Location
A Portion of Sections 18 & 19 Township 12 South Range 12 East J
Description of Project*
Partial Re plat of Block 4
Property Owner
Marana 670 Holdings, LLC
Street Address
7377 East Doubletree Ranch Raod Suite 100
City
State
Zip Code
Phone Number
Fax Number E -Mail Address
Scottsdale
AZ
85258
480- 998 -2661
480- 367 -4005 bbaehr @grayhawk.com
Contact Person
B rian Baehr
Phone Number 1 E - mail
480- 998 -266'1 1 bbaehr(a_)_aravhawk.c
Applicant Michael Baker Jr. INC
Street Address
City
Phoenix
Contact Person
Agent/Representative
Street Address
City
State I Zip Code I Phone Number I Fax Number I E -Mail Address
Contact Person Town of Marana Business
License No.
3. AUTHORIZATION OF PROPERTY OWNER
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writin by the owner to file this application and checklist. (If not owner of
record, attach written authorization from the owner.) ,
Brian Baehr i 09/18/13
Print Name o ppl ic ant/ sent Si W law r�� T Date
Caselo g # 0
CRW #,� �1 --- 0
2929 N. Central Avenue, Suite 800
State Zip Code Phone Number Fax Number E -Mail Address
AZ 8 602- 798 -7523 602 -279 -1411 dpottinge
Dan Pott P Phone Number 1 E-mail
31 d otti n er a� rbf. com
P 9 �,
Received oo
Received by:
1 W. Civic Center Drive, Bldg. A2 ■Marana, AZ 85653 -7003 ■Telephone (520) 382 -2640 ■Fax (520) 382 -2641
It e-',
Marana Special Council Meeting 06/30/2015 r _ + f , -+ _r : 0 Page 51 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 6 5 3
Item C 6
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: June 30, 2015
Subject: Approval of April 28, 2015 Special Council Meeting Minutes and June 16, 2015
Regular Council Meeting Minutes (Jocelyn C. Bronson)
Attachments: Draft Special Council Meeting Minutes 04 -28 -2015
Draft Regular Council Meeting Minutes 06 -16 -2015
Marana Special Council Meeting 06/30/2015 Page 52 of 150
�wN Oj!::
1 7
9 MARANA7
�RIZON�
MARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Ana 85653
Executive Conference Room 1 Floor MMC
April 28, 2015, at or after 6:00 PM
4V '%k
Ed Honea,lfayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxann Siegler, Council Member
SPECIA OUNCIL MEETI
CALL TO ORDER AND ROLL CALL.
meeting to order at 6:00
p.m. Town Clerk Bronsou called roll. All Cou V embers were present.
PLEDG AN O /MMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGEND otion to approve the agenda by moving Item A 3 after A 1 wa
made by Council Member McGorray, second by Council Member Kai. Passed unanimously.
CALL TO THE BLIC. jNoeaker cards presented.
'1
PROCLAMATIONS 1W
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report.
PRESENTATIONS
CONSENT AGENDA
LIQUOR LICENSES
Marana Special Meeting 04/28/2015
Marana Special Council Meeting 06/30/2015 Page 53 of 150
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1 PUBLIC HEARING: Ordinance No. 2015.011 Relating to Transaction Privilege Tax;
amending the Town Tax Code by increasing the tax rate on certain activities by one -half cent for
the design and construction, and fixtures, furniture and equipment, for a new police department
building; amending Sections 8 -460 (Retail sales; measure of tax; burden of proof; exclusions)
and 8 -610 (Use tax: imposition of tax; presumption) of the Town Tax Code by adopting local
option V of the Model City Tax Code establishing a two - tiered tax structure for certain
sales /purchases; setting a sunset date for the increased tax rate; and designating an effective date
(Erik Montague) .
Mayor Honea opened the public hearing. Erik Montague presente an overview of the public
outreach for this effort. The proposed ordinance would increase the privilege tax rate by one -
half percent on all classifications except contracting, hotel /motel and mining taxes; adopt Local
Option V of the Model City Tax Code to impose a tiered structure on large single item purchases
over $5K; require the Finance Director to notify the Arizona Department of Revenue to cease
collection of the increase as soon as ractical after $18M is collected pursuant to the increase;
require that tax proceeds from the tax increase be placed iTW separate fund for the design and
construction, and fixtures, furniture and equipment for the new police building; provide that any
monies collected in excess of what is required for the ew police building be used for other costs
related to the facility; set an effective date of July 1, nd authorize staff to perform all
actions necessary to effect the ordinance.
Mayor Honea asked for public speakers. Ed Stolmaker, president and CEO of the Marana
Chamber of Commerce , spok f the ordi ance. Mayor Honea closed the public
hearing. 6
Mr. Mon ague continued with the lmeline to proceed which will be to work with the Municipal
Tax Code Commission, the Arizona Department of Revenue and the League of Arizona Cities
and Towns on changes, with the sales tax to be effective July 1, 2015. Second will be to identify
and select the Construction Project Manager from May -July, 2015; form the design and
construction team including the architect and Construction Manager at Risk between October -
December, 2015; complete the final project scope and guaranteed maximum price negotiated,
then bring that back to Council for approval between January — March 2016; begin design and
construction in 2016 with the project to be completed by late 2017 or mid -2018. He noted that
the sales tax period is estimated to expire by January 2019. Motion to approve by Council
Member Comerford, second by Council Member Bowen. Roll call vote was unanimous, 7 -0 in
favor.
A 2 PUBLIC HEARING: Resolution No. 2015 -037 Relating to Development; adopting
minor amendments to the transportation element of the Marana General Plan by revising the road
network exhibit to delete the proposed Relocated Tangerine Road Interchange, establish
Marana Special Meeting 04/28/2015
Marana Special Council Meeting 06/30/2015 Page 54 of 150
Tangerine Farms Road as the future primary connection to the Marana Road traffic interchange,
reduce the planned right -of -way width of Tangerine Road from 350 to 250 feet, and reduce the
planned right -of -way width of Marana Main Street from 90 feet to 80 feet; and by incorporating
language into the General Plan text authorizing the Town Engineer to implement
environmentally sensitive road design by reducing the standard right -of -way width for certain
roadways in environmentally sensitive areas (Ryan Mahoney)
Mayor Honea opened the public hearing. Mr. Mahoney presented, noting that staff is seeking
an amendment to the transportation element contained in Section 6. There are two changes. The
first is to the road network map, and the second is some language added to section 6.1.7 that
gives the town engineer the authority to squeeze down the right -of -way in environmentally
sensitive areas. With regard to the General Plan, there were several in -house studies that were
used, many based on forecasts of transportation activity and development with a 20 -year horizon.
The data is revisited from time relative to outside influences that the town may or may not have
control over and the need to remain flexible. Those items are contemplated in the General Plan.
He noted that Keith Brann would be discussing the details of how to modify the General Plan,
and Mr. Mahoney will talk more about the mechanics of the General Plan amendment. The
General Plan says that a minor amendment is anything that doesn't meet the criteria of a major
amendment. Going to the major amendment criteria, there are three, two of which don't have
anything to do with transportation. The criteria discussing transportation says that you need to
find a significant alteration or a diversion from an area of an adopted road network. And that can
be a change in functional classification as well. Based on that, Mr. Mahoney interpreted our
route to be a minor change. Basically, the significant alteration language refers to the land use
mixture which is not changing, nor will there be a diversion from the road network. The project
is making localized changes near the Marana interchange, and there are no changes to the
roadway classification. When you talk about a diversion from an area, the General Plan does talk
about areas being very broadly defined. What staff is attempting to do with these changes, in
particular in the northwest area that moves the Tangerine interchange as well as modifying the
alignment near the Marana Road interchange, is balancing the road network within the area.
There have been a lot of new entitlements and new projects that have come to light, and by
splitting that road and connecting the Tangerine Farms Road via the Marana Road to the I -10 is
the safest and most effective way to move traffic in this area. There are several new projects that
have come online — the Heritage Park, the Ventana Medical Systems building, Marana Main
Street, the Uptown Marana project, Marana Mercantile, the school has purchased property to
eventually build a high school and an performing arts center, so this allows the identity of
northwest Marana to be somewhat defined by the Tangerine Road connection and gives that
sense of place that we are looking for and discussed over many meetings. In general terms, these
roadway alignment make the most sense for the projects that we've entitled and spent money on.
Council Member Bowen asked what a change in functional classification would be. Mr.
Mahoney said that would be like going from an arterial to a collector road. And a diversion
from an adopted road network would be to this way of thinking a diversion out of the northwest
growth area which we are not doing.
Keith Brann discussed five specific items from the roadway network including the Tangerine
Interchange location, the Marana Interchange connectivity, the Tangerine Road right of way, the
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Marana Special Council Meeting 06/30/2015 Page 55 of 150
Marana Main Street right of way and the environmentally sensitive arterial right of way — mostly
in the Tortolita Fan. Most of what is being discussed tonight was discussed at the February study
session. He then gave a general overview starting with the Tangerine Interchange and current
General Plan which was proposed to shift a half mile north at the request of the developer at the
time who had come to the town with a major development. They did go through the process of
design plans but did not obtain the clearances. The expectation now is that ADOT will have to
construct this interchange, and they will likely construct it in place. There are many
developments trying to go forward in the area, and some of them have experienced difficulties
with this alignment shift.
He discussed the Marana Interchange, noting that the town has a ways had a desire for the
Tangerine Farms Road to be the primary connection to I -1 %Mowever, a previous traffic study
indicated operational challenges unless Marana Road was the primary connection. The traffic
studies that predicted the need for this were based on the Sanders Grove development. A major
study was done at the time, and it showed a massive amount of traffic and growth coming from
the far west in Pima County in addition to the expected growth in northwest Marana. As a result
it predicted major operational problems should Tangerine Farms be the primary roadway to the
interchange. So the town pulled back its desire for Tangerine Farms to be the primary roadway
and we went ahead with a Marana Road alignment which was memorialized by resolution. With
changes in the PAG model and the recession changing growth projections, recent studies now
show that Tangerine Farms Road as the primary connectio will function within standard levels
of service for multiple northwest Marana destinations. A key improvement of this alignment over
previous ones is how it can benefit the Sandario Business Distric e then went into additional
detail.
The next item is the TangeriNRoa nar rowing rlginally, A OT had it as a study route
envisioned as a full 8 -lane access, becoming part of a Tucson outer loop. The right of way was
set at 350 feet to support a frontage road system. The proposed amendment is where we are at
today. The road is off the ADOT system, and the recommendation is to reduce Tangerine Road
from 350 feet to a 250 foot right of way. This would still support a scenic roadway and any
needed frontage road systems. A small frontage road is being considered near the Breakers
Water Park to allow businesses in the area to come to one signal.
Marana Main Str et is currently 4 books for a 90 foot right of way. Working with the
developer of the project, the original center left turn lane would be removed, parallel parking
would be forfeited for diagonal parking to accommodate more vehicles, and the 90 foot right of
way would be shorted to 80 feet. This will be a slow moving pedestrian - friendly roadway.
The last item relates to environmentally sensitive roads. Normally, the arterial roadway is 150
feet wide. By taking a foot out of each lane and the bike lanes, the narrower widths and medians
to 110 feetwould reduce the travel distance of wildlife. There are currently two roads that have
been built to those specifications — Twin Peaks Road and Cortaro Road. Staff is asking Council
for the flexibility to use that section of the General Plan when it's appropriate.
So the main changes are to 6. LA of the proposed roadway map from the General Plan.
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Mayor Honea called for speakers. Adam Trenk from Rose Law Group spoke, representing the
Marana Mercantile Project owned by Desert Troon and the Uptown at Marana Project by Cardon
Development. He began by asking for a continuance of the item if Council is not inclined to
deny the proposal. Mr. Trenk began his presentation with reference to a procedural matter
regarding their opinion that this is not a minor plan amendment, and that there are functional
classification changes to the roadway map. However, his main concern was a continuance so that
there would be more opportunity for the stakeholders to weigh in on the matter. Specifically, his
clients were unaware that this matter had been heard in a February study session and also worked
its way through the planning commission process since the summer of 2013 when it was
proposed. For his clients, the issue is access, and if the proposal goes through, the matter of
access will be cut off and the viability of those projects will suffer and there may never be that
commercial development that his clients have been planning on in concert with the town because
the traffic wouldn't be there to sustain that. He then showed a diagram of the Uptown at Marana
project approved in 2007. Traffic counts were projected at 20,000 vehicles per day, driving
traffic directly into that commercial development. With the proposed realignments before you,
the traffic patterns have been shifted entirely, and the traffic coming off the I -10 will be diverted
down Tangerine Farms Road away from the developments.
He put forth for the suggestion that in planning for speculative development in the downtown
area, you would be depriving the viability of projects that the town has been planning for for
over a decade. If the realignments are approved, specifically Walmart, which is going to be at the
Marana Mercantile project, has indicated that they wouldn't be interested in moving forward
with that because although they would continue to have visibility from the I -10, they wouldn't
have the access they would need in order to make their project viable. Another consequence of
approval is that there are development agreements in place for both of these projects which
contemplates his clients helping to pay for that infrastructure. If the alignment changes are
approved this evening, they will no longer be bound by those development agreements which
puts the town in a bit of a bind. How are these improvements going to be funded? A continuance
of this item would allow his clients to work with the town to come up with a compromise that
would allow them to help pay for the infrastructure.
He reiterated his earlier remarks that his clients believe this is not a minor General Plan
amendment and again requested a continuance to allow the stakeholders to come to the table and
discuss how the currently proposed alignment would affect future development in that area. His
clients have committed tremendous resources to plan this future development, and there is no
reason to change the current approved alignments. In closing, he asked Council to maintain what
has historically been a business- friendly environment and a culture of transparency and allow his
clients to come to the table and have some input on this proposal to avoid what could be
detrimental to his clients and to the community to the extent their projects are no longer viable
and thus the town would not be able to capitalize on the tremendous sales tax potential they
could present.
Sherese Steffens stated that from listening to the discussion, it doesn't sound like the proposed
alignments are minor changes, and she had not heard about the changes until this evening. She
travels Tangerine Road all the time, and it is bumper to bumper. So changing the amount of
roadway is something that should be discussed with the public. She also didn't know about the
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Marana Special Council Meeting 06/30/2015 Page 57 of 150
study session in February. She recommended doing a continuance, be transparent and let people
like her understand all of these changes, and don't make a decision tonight. She would like to
hear from the other businesses that are going to be affected by Sandario Road being bypassed;
who owns the property that's going to be bought, and how much does it cost.
Mitch Stallard spoke, representing Desert Heritage Partnership, Marana Towne Center, owner
of 350 -400 acres within the area where Tangerine Farms Roads connects with Marana Road at
the interchange. On behalf of his client, he supports and recommends moving forward with the
amendments to the transportation element of the Marana General Plan, specifically the
establishment of Tangerine Farms Road as the primary connector to Marana Road and the
Marana Road interchange at I -10. He indicated that he was aware that PAG and the RTA were
changing modeling procedures for traffic projections, for traffic counts, and for future
projections.
Kent Crotts, a business owner on Sandario Road, le leves this proposed realig
n nment is good for
the Sandario businesses and the best plan he's see so far. He suppos this wholly and hopes that
Council will as well. His concern over continuing with the old alignment is that the Sandario
businesses would get cut off. People who bring their money to Marana for a short amount of time
should not be given first right of refusal on the whole thing. Sandario Road businesses have
been collecting tax revenues for the town for many, man ears. He's looking to make sure his
business stays viable where it is or in very c se proximity. e thanked the town for keeping
Sandario businesses informed. When he first heard of the change, he approached several other
wom
businesses and basically everyone signed off supporti the town with the way the change is
being proposed.
OK Rihl, representing 17eGladden Farms II, remaining residen lal and commercial parcels,
addressed the Tangerine intersection location proposal to change the General Plan so that
Tangerine Road stays on its existing alignment. His group concurs with that and moving away
from the once - proposed interc N the going 2500 feet,
oing further north. -, Nw Mr. Tre noted that he handClerk a letter from the representative of Walmart that he
wanted to bring to Council's attention which he had referenced earlier. Mayor Honea closed the I&M public hearin .
Motion to approve presente y staff by Council Member Comerford, second by Council
Member Bowen. The T~ Clerkpolled the Council. The vote was 6 -1 in favor, with Council
Member Kai voting nay.
Council Member Ziegler addressed Mr. Trenk on behalf of the Rose Law Group and stated that
threats of lawsuits in letters tend to come off as a little disingenuous. His client won't suffer.
The area in question is huge and is going to grow. It appears that no one is under contract, which
is very similar to what Continental Ranch was when she moved there. She emphasized that she
hoped his client would stay with the town. She believes Sanders Grove will be a good
community that will grow and fit right in. She wants them to stay involved and notified. But she
was disappointed with letters of lawsuits. But she believes the decision Council made tonight
was the right one because they have stuck with their folks on Sandario who have been there for
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Marana Special Council Meeting 06/30/2015 Page 58 of 150
years and years, and we are not going to put them out to dry. We are going to do what's right for
the safety of our town and the vision of our town, and when Tangerine loop road was built
several years ago, it was always with the idea that it would loop up. These aren't things we just
thought of a few days ago. She concluded by thanking him for coming tonight and hoped he will
stay with the Town of Marana, and make sure we give them every notice.
A 3 Resolution No. 2015 -038: Relating to development; approving and authorizing the Mayor
to execute the First Amendment to Continental Ranch Parcel 60 Development Agreement (Frank
Cassidy).
Mr. Cassidy noted that this amendment would require the tow&is to reimburse for public
infrastructure for what is now the John Deere dealership. The Tiffany Loop water line has now
been constructed. Under the original agreement it provided that we would reimburse for only
publicly bid infrastructure. This was not publicly bid, and staff has estimated the value of the
infrastructure and is comfortable at a $345K reimbursement, notwit tanding the failure to
publicly bid. We are attempting to stay within t pirit of the agreem 4%k
Motion to approve by Council Member Kai, seco y Vice Mayor Post. Passed unanimously.
ITEMS FOR DISCUSSION /POS E ACTION
D 1 Relating to Legislation and Gov rnme Actions; discussion and possible action
regarding all pending state, federal, and local legislation government actions and on recent and
upcoming meetings of the other 2overnmental bodies Gil A Davidson)
EXECUTIVE SESS S
Pursuant to A.R.S. § 38 -431. the Town Council may vote to go into executive session, which
will nWbe en to t h ublic t iscuss ce ain maters.
E 1 tive Session pursuant o A.R.S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for legal advic with the Town Attorney concerning any matter listed on this
agenda.
FUTURE AGEN ITEMS
Notwithstanding the may iscretion 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 7:03 p.m. by Council Member Bowen, second by
Vice Mayor Post. Passed unanimously.
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Marana Special Council Meeting 06/30/2015 Page 59 of 150
CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the
public session of the Special Council Meeting held on April 28, 2015. I further certify that a
quorum was present.
Jocelyn C. Bronson, Town Clerk
Marana Special Meeting 04/28/2015
Marana Special Council Meeting 06/30/2015 Page 60 of 150
Amended at 2:45 P.M. on June 15, 2015
q MARANA �
REGULAR COUNCIL MEETING
MINUTES Ar
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 16, 2015 at or after 7:00 PM
A&
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Membe
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Zler, Council Member
REGULAR C L MEETING
CALL TO ORDER AND ROLL ALL. Mayor Honea called the meeting to order at 7:06
p.m. Town Clerk Bronson a fed rolls. cif Members Kai, McGorray and Ziegler were
excuse here was a q Drum p t. 14
PLEDGE OF ALLEGIAN INV TIONlMOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF SANDA otion to approve the agenda as amended with Items C 1 -8 by
Council Member Bowen: 1 nd by Vice Mayor Post. Passed 4 -0.
CALL TO THE PUBLIC. No speaker cards were presented.
PROCLAMATIONS
Proclamation: Recognizing Paul Ashcraft
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
June 16, 2015 Meeting Minutes 1
Marana Special Council Meeting 06/30/2015 Page 61 of 150
Mayor Honea reported on the trip to Denver for the All- American Cities competition. He
further reported on Council Member McGorray's progress.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson thanked the town team and citizen members for their hard work at the All
American Cities competition. He also noted the Council schedule for July.
PRESENTATIONS
CONSENT AGENDA. Motion to approve Items Cj
second by Vice Mayor Post. Passed unanimously 4 -1
y Council Member Bowen,
C 1 Resolution 2015 -057: Relating to Tourism supporting thWevelopment of United States
Bicycle Route 90 within the Town of Marana ( Varney)
C 2 Resolution No. 2015 -058: Relating to Municipal Court; approving and authorizing the
Mayor to execute an intergovernmental agreement tween Pima County d the Town of
Marana for payment for incarcerate unicipal prisoners for the period of July 1, 2015
through June 30, 2016 (Jane Fairall)
C 3 Resolution No 015 059: Relating to Intergovernmental Relations; approving and
wmw
authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates,
LLC, for the 2015 -2016 fiscal year (Anthony Hunter)
C 4 Resolution No. 2015 -060 Relatin to Polic Department; approving and authorizing the
Chief of Police and theTown Manager to execute Grant agreement Number DUTAC -E -056
between the State of Arizona by and through the Oversight Council on Driving or Operating
Under the Influence Abatement (DUTAC) and the Town of Marana for grant funding for a DUI
Warrant Detail (Lisa Shafer)
C 5 Resolution o. 2015- Relating o Transaction Privilege Tax; approving and
g g Pp g
authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona
Department of Revenue and the Town of Marana regarding the administration, collection, audit
and /or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of
Marana (Erik Montague)
C 6 Resolution No. 2015 -062: Relating to the Police Department; exempting undercover
vehicles used by the Marana Police Department in felony investigations or activities of a
confidential nature from Arizona state laws related to the designation of political subdivision
motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these
June 16, 2015 Meeting Minutes 2
Marana Special Council Meeting 06/30/2015 Page 62 of 150
undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles
to be used in felony investigations or activities of a confidential nature (Terry Rozema)
C 7 "ADDED LATE" Resolution No. 201 5 -066 Relating to Public Works; approving and
authorizing the Mayor to execute an intergovernmental agreement between and among Pima
County, the City of Tucson, and the Town of Marana for the design and construction of the
Silverbell Roadway Overlay Project; and superseding Marana Resolution No. 201 5 -053 (Frank
Cassidy)
C 8 Approval of June 2, 2015 Council Committee for Planning Commission and Board of
Adjustment Appointments Meeting Minutes and approval of June 2, 2015 Regular Council
Meeting Minutes (Jocelyn C. Bronson) AAN&
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMM
B 1 Resolution No. 2015 -063: Relating to Boars Commissions and Committees; making
appointments to the Town of Marana Planning Commission (Ryan Mahoney). Mr. Mahoney
reported that the recommendation of the Co '1 Committee was to appoint John Schnee, Marcia
IM& Jakab, Theresa Fehrmann and John Officer to the lanning Commission for four -year terms.
Motion to approve b SomerfolA&IgMyd by Vice Mayor Post. Passed
unanin
C OUNI
A 1 PrBLIC HEARING: Resolution No 2015 -064: Relating to Budget; adopting the Town
of Marana's fiscal year 2015 -2016 final budget (Erik Montague). Mr. Montague noted that this
is the final formal step of the 2016 budget process which requires a public hearing. The
tentative budget was adopted May 19 which established the overall expenditure limit at around
$145M. Included within the bu et were 338 FTE positions. There were no major changes; a
few minor reallocations in line items. The final budget continues to include certain compensation
AMW
adjustments for curren oyees — market adjustments as well as performance -based
adjustments. Included wit W inthe Council documents is additional detail of the outline for
eligibility and timeframes. It is the intent to continue to invest in our employees as they are the
most significant resource within the town. Also included certain required operating transfers to
cover debt service and cash match attributable to grants in enterprise funds, including a $4M
transfer from the general fund to the wastewater fund for the purposes of contributions discussed
in earlier study sessions. As there were no speakers, Mayor Honea closed the public hearing.
Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed
unanimously 4 -0.
June 16, 2015 Meeting Minutes 3
Marana Special Council Meeting 06/30/2015 Page 63 of 150
A 2 PUBLIC HEARING: Resolution No. GFCFD 2015 -02: [Marana Town Council acting as
the Gladden Farms Community Facilities District Board of Directors]: A Resolution of the
District Board of the Gladden Farms Community Facilities District, Pima County, Arizona,
approving the final budget for the Gladden Farms Community Facilities District for the fiscal
year beginning July 1, 2015 and ending June 30, 2016. Chairman Honea opened the public
hearing. Presented by Erik Montague. The tentative budget was adopted on May 19. All notices
were properly posted. The final budget does anticipate the levee of an ad valorem tax of $2.80
per $100 of assessed valuation. Of that $2.50 is for debt and $30 is for operations and
maintenance. There were no speaker cards, and Chairman Honea closed the public hearing.
Board Member Comerford asked how long the CFD lasts. The operations and maintenance
piece potentially goes on forever. Mr. Montague responded that the debt portion of the Districts
go on as long as there is outstanding debt. Motion to approve by Vice Chairman Post, second by
Board Member Bowen. Passed unanimously
A 3 PUBLIC HEARING: Resolution No. GF D2 2015 -02: [Maran Council acting
as the Gladden Farms (Phase II) Community Facilities District Board of Directors]: A t e
Resolution of the District Board of Gladden Farms (Phase II) Community Facilities District,
Pima County, Arizona, approving the anal get for the adden Farms (Phase II) Community
Facilities District for the fiscal year beginning July %, 2015 and ending June 30, 2016. Chairman
Honea opened the public hearing. Presented by Erik Montague. The tentative budget was
adopted on May 19. 011 required notices were properly posted. The final budget does anticipate
the levee of a modest tax for operations and maintenance. There were no speakers. Chairman
Honea closed the public hearing. Motion to approve by Vice Chairman Post, second by Board
Member B en. sed unanimously 4 -0.
A 4 PUBLIC HEARING: Resolution No. SSCFD 2015 -02: [Marana Town Council acting as
the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the
District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona,
approving the final budget for the Saguaro Springs Community Facilities District for the fiscal
year beginning July 015 and ending June 30, 2016. Chairman Honea opened the public
hearing. Erik Montague ed. The tentative budget was adopted on May 19. All required
notices were properly poste Included within the budget is capacity to issue up to $4M in debt
tied to the purchase or acquisition of public infrastructure. District staff would have to come back
before the Board to authorize issuing the debt if necessary. The actual ad valorem portion would
be limited to only $30 per $100 of assessed valuation as there is no debt currently within the
district. There were no speakers. Chairman Honea closed the public hearing. Board Member
Bowen asked if this is the same property as Saguaro Bloom. Mr. Montague affirmed that it is,
although it is practically impossible to change the name of the facilities district. Motion to
approve by Vice Chairman Post, second by Board Member Bowen. Passed unanimously 4 -0.
June 16, 2015 Meeting Minutes 4
Marana Special Council Meeting 06/30/2015 Page 64 of 150
A 5 PUBLIC HEARING: Resolution No. VFCFD 2015 -02 [ Marana Town Council acting as
the Vanderbilt Farms Community Facilities District Board of Directors] : A Resolution of the
District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona,
approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal
year beginning July 1, 2015 and ending June 30, 2016. Chairman Honea opened the public
hearing. Erik Montague presented. The tentative budget was adopted on May 19. All required
notices were properly posted. The overall budget does not include a debt component. The overall
district remains modestly active, so there are no plans for infrastructure to be ready for the next
year. It does include an ad valorem property tax of $30 per $100 of assessed valuation for
operations and maintenance of the district. There were no speakers. Chairman Honea closed
the public hearing. Motion to approve by Vice hairman Post, second by Board Member
Bowen. Passed unanimously 4 -0.
A 6 Ordinance 2015.014 Relating to Finance; amending th own of Marana Comprehensive
Fee Schedule to increase dog licensin fees; and declaring an emergency. Lisa Shafer presented,
noting that staff is requesting this amendment to the comprehensive fee schedule. Currently,
there is an agreement with Pima County to allow the Pima County Animal Care Center to collect
all of the licensing fees for Marana residents. This year the Pima County Board of Supervisors
voted to increase the licensing fee $1 per year for the next five years, and town staff is requesting
that Council adopt that same fee schedule which makes it easier for residents throughout the
county to be on the same fee schedule regardless of the jurisdiction. All of the revenues from this
increase do come to the town, so it positively impacts the town by about in revenue of about
$22,500 over the five -year period, assuming the number of residents stay the same. The amount
will increase with additional residents. "Iftk
I' L As there re not enough Co ncil Members present to vote for an emergency clause, upon
approval, this ordinance will go into effect in 30 days. Council Member Comerford asked if
Ms. Shafer knew what the town would have to charge to meet the County's $140,877.46. She
has a problem with the County double charging the fees for the town. Mr. Davidson responded
that staff has stated th t for a full breakdown of costs from the County on nearly a
monthly basis. In addition are the administrative costs the town is being charged. Town
residents are paying more for the exact service that any resident in unincorporated Pima County
has, and that's been another part of our argument. It might be understandable to be charged more
for enhanced services, but that's not the case. There is no additional enforcement provided.
Council Member Comerford asked if we had ever received an itemized bill for the $140K plus.
Mr. Davidson responded that it's broken up by category, but it doesn't get into detail. Ms.
Shafer noted that the county does provide a quarterly breakdown in the sense that there are some
addresses provided and the type of service rendered, but it's not exact. When possible, the
June 16, 2015 Meeting Minutes 5
Marana Special Council Meeting 06/30/2015 Page 65 of 150
county will call Game and Fish to pick up dead animals which we don't pay for. Our current
revenues are roughly 49 % - about half of what we are getting charged. Council Member
Comerford concluded that never in 20 years has she personally seen a Pima Animal Care Control
truck in the town. Motion to approve by Vice Mayor Post, second by Council Member Bowen.
Passed unanimously 4 -0.
A 7 Resolution No. 2015 -065: Relating to Economic Development; approving and
authorizing the Mayor to execute a funding agreement between the Town of Marana and the
Marana Chamber of Commerce, Inc. for fiscal year 2015 -2016 to support operation of the
Marana Visitor Center and provision of services to the Marana community. Gilbert Davidson
presented this item, noting that this is the annual agreement with the Chamber of Commerce. He
highlighted additional elements in the agreement, one being continued cooperation for the
enhancement of the Visitor's Center which has high visibility being located on the Frontage
Road, and we want to put our best foot forward in that respect. The second item is business
support during the Ina Road interchange con'sTrwuction by providing educational information and
support at Chamber business meetings for businesses that ma be impacted a well as for the rest
of the community. Mr. Davidson added that the agreement and the relationship that we have
with the Chamber is one of the best e region if not t e entire state. One of the highlights is
the partnership that we formed for the arana Business Walk door to door and finding
out how businesses feel about the tow and the Chamber a en following up with those
businesses and key business leaders. The investment tha e male and the work the Chamber
does on behalf of the town is well worth the ex p diture.
Ed Stolmaker, president d CEO of the Chamber of Commerce addressed the Council, spoke
on behalf of himself, the Chamber staff, Board and members by thanking them for their financial
support and encouragement over many years to make the partnership possible. He also thanked
them for their leadership and direction for the Town. The Chamber is working to advance the
interests of a healthy business community with tourism and the Visitor's Center. He is looking
forward to a continuing and positive relationship in the future. Motion to approve by Council
Member Comer ord, second by until Member Bowen. Passed unanimously 4 -0.
ITEMS FOR DISCUSS OSSIBLE ACTION
D 1 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 the other governmental bodies (Gilbert Davidson)
June 16, 2015 Meeting Minutes 6
Marana Special Council Meeting 06/30/2015 Page 66 of 150
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.
E 1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
June 16, 2015 Meeting Minutes 7
Marana Special Council Meeting 06/30/2015 Page 67 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65 3
To: Mayor and Council
From: Jocelyn C. Bronson, Town Clerk
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item B 1
Subject: Resolution No. 2015 -072: Relating to Boards, Commissions and Committees; approving
the appointment of Brad DeSpain to the Marana Public Safety Personnel Retirement
System local board (Jocelyn Bronson)
Discussion:
Under state law, the Town of Marana is required to maintain a local board to administer the
Public Safety Personnel Retirement System (PSPRS) for its PSPRS- eligible employees. The local
board must include the mayor or his designee, two PSPRS- eligible employees elected by their
peers and two citizens appointed by the mayor with the approval of the Town Council.
Mayor Ed Honea is requesting Council approval of the re- appointment of Brad DeSpain to the
local board. The appointment would be for four years and would expire on June 30, 2019.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
I move to adopt Resolution No. 2015 -072, approving the appointment of Brad DeSpain to the
Marana Public Safety Personnel retirement System local board for a term ending June 30, 2019.
r
Attachments: Resolution 2015 -072
Brad DeSpain Request for Reappt.
Marana Special Council Meeting 06/30/2015 Page 68 of 150
MARANA RESOLUTION NO. 2015-072
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE
APPOINTMENT OF BRAD DESPAIN TO THE MARANA PUBLIC SAFETY PERSONNEL
RETIREMENT SYSTEM LOCAL BOARD
WHEREAS the Town of Marana has created the Marana Public Safety Personnel
Retirement System (PSPRS) local board pursuant to A.R.S. § 38 -847 to administer the system
for the Town and to make the provisions of the system effective for the Town; and
WHEREAS A.R.S. § 38 -847 provides that two members of the local PSPRS board shall
be citizens appointed by the mayor with the approval of the Town Council; and
WHEREAS Brad DeSpain's term expires June 30, 2015, and Mayor Ed Honea desires to
re- appoint Brad DeSpain to the Marana Public Safety Personnel Retirement System local board
for a four -year term.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Brad DeSpain is appointed to the Marana Public Safety
Personnel Retirement System local board for a four -year term, ending June 30, 2019.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 30 day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2015 -072
Marana Special Council Meeting 06/30/2015 Page 69 of 150
Jocelyn Bronson
From: Bridle Bit Ranch < bridlebitranch @comcast.net>
Sent: Monday, June 22, 2015 10:26 AM
To: Jennifer Mangialardi; Jocelyn Bronson
Subject: Re: PSPRS
I would like to continue serving on the Board again.
Charles Bradley DeSpain
Sent from my Wad
On Jun 22, 2015, at 8:17 AM, Jennifer Mangialardi <1man ialardi @ MARANAAZ.GOV> wrote:
Jocelyn just needs a statement from you saying you wish to serve the board again. Just a simple email
to her and copy me that you choose to serve. Thanks! ! ! !
&ev GVanyralardi
Marana Special Council Meeting 06/30/2015 Page 70 of 150
9 MAI�A)!
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item A 1
Subject: Resolution No. 2015 -073: Relating to Administration; authorizing the Town Manager to
direct staff to close the relief effort account for the victims of Hurricane Katrina
established by Resolution No. 2005 -120 and to donate any funds remaining in the account
(Jane Fairall)
Discussion:
On September 6, 2005, the Town Council adopted Resolution No. 2005 -120, authorizing the
Town Manager to direct staff to establish a relief effort account for the victims of Hurricane
Katrina in New Orleans, to encourage Town residents to make financial contributions to the
account, and to make a general fund contribution of $10,000 to the account. The Hurricane
Katrina relief effort account remains open with an account balance of approximately $550. The
proposed resolution would authorize staff to close the account and donate the remaining
contribution funds to the entity or effort of the Council's choosing.
Financial Impact:
N/A
Staff Recommendation:
Staff recommends closing the Hurricane Katrina fund and donating the remaining funds.
Suggested Motion:
I move to adopt Resolution No. 2015 -073, authorizing the Town Manager to direct staff to close
the Hurricane Katrina relief effort account and to donate any funds remaining in the account to
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZO A 8 5 65
Marana Special Council Meeting 06/30/2015 Page 71 of 150
Attachments: Resolution 2015 -073
Marana Special Council Meeting 06/30/2015 Page 72 of 150
MARANA RESOLUTION NO. 2015-073
RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN MANAGER TO
DIRECT STAFF TO CLOSE THE RELIEF EFFORT ACCOUNT FOR THE VICTIMS OF
HURRICANE KATRINA ESTABLISHED BY RESOLUTION NO. 2005 -120 AND TO
DONATE ANY FUNDS REMAINING IN THE ACCOUNT
WHEREAS on September 6, 2005, the Town Council adopted Resolution No. 2005 -120,
authorizing the Town Manager to direct staff to establish a relief effort account for the victims of
Hurricane Katrina, to encourage Town residents to make financial contributions to the account,
and to make a general fund contribution of $10,000 to the account; and
WHEREAS the Hurricane Katrina relief effort account remains open with an account
balance of approximately $550; and
WHEREAS the Mayor and Council find that it is in the best interests of the Town to
close the Hurricane Katrina relief effort account and to donate any funds remaining in the
account.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Manager is hereby authorized to direct staff to close the
Hurricane Katrina relief effort account established by Resolution No. 2005 -120 and to donate
any funds remaining in the account to
SECTION 2. The Town Manager and the various town officers and employees are
authorized and directed to perform all acts necessary or desirable to give effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 30 day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2015 -073 - 1 -
Marana Special Council Meeting 06/30/2015 Page 73 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65 3
Item A 2
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -074: Relating to Real Property; approving and authorizing the
Mayor to execute an Option and Wireless Communications Facility Lease Agreement
with Verizon Wireless LLC for the lease of approximately 864 square feet of
Town -owned property at the Town of Marana water reservoir site located at Linda Vista
Boulevard and Hartman Lane (Jane Fairall)
Discussion:
In November 2014, Town staff made a presentation to the Town Council regarding several recent
requests to lease Town property for purposes of wireless communications facilities, including cell
towers. Among the requests discussed at the meeting was a request by Verizon to lease
Town -owned property at Linda Vista Boulevard and Hartman Lane, next to a Marana water
reservoir site and an existing wireless communication facility leased from the Town by another
wireless provider. Council directed staff to proceed with negotiations for a lease agreement at the
site.
The option and lease agreement presented tonight provides that the Town will grant a 12 -month
option to Verizon for the site for Verizon to complete its due diligence, to analyze the suitability
of the property for its wireless facility, and to obtain any necessary permits for construction of the
site. If Verizon does not exercise or terminate the option during that initial 12 -month period, a
second 12 -month option period will be granted.
Assuming Verizon finds the location to be ultimately suitable and is able to obtain necessary
permits for its facility, Verizon will exercise the option and the lease term for the site will begin.
The initial term of the lease shall be 5 years, followed by up to five successive 5 -year renewal
periods, for a potential total of 30 years. Verizon may use the site only for a wireless
communication facility as described in the lease agreement and its attachments.
Marana Special Council Meeting 06/30/2015 Page 74 of 150
As was explained at the November 2014 Council meeting, this option and lease agreement is only
the first step toward the ultimate construction and operation of the wireless facility. If the Council
approves the lease, Verizon will have the right to use the property pursuant to the terms of the
lease agreement; however, Verizon must still go through the zoning process set forth in Title 23
of the Land Development Code for wireless communications facilities in order to receive the
necessary permits and approvals to move forward.
Financial Impact:
Pursuant to the agreement, Verizon will pay the Town an option fee of $1,500 for each 12 -month
option period. Once the lease term begins, Verizon will pay the Town $1,500 per month for the
first year of the lease. Rent will then increase 3% each year throughout the term of the lease.
Staff Recommendation:
Staff recommends approval of the option and wireless communications facility lease agreement
with Verizon.
Suggested Motion:
I move to adopt Resolution No. 2015 -074, approving and authorizing the Mayor to execute the
Option and Wireless Communications Facility Lease Agreement with Verizon Wireless LLC for
the Linda Vista and Hartman site.
Attachments: Resolution 2015 -074
Exhibit A to Resolution - Agreement
Exhibit B to Agreement - Map
Exhibit C to Agreement - Site Plan
Marana Special Council Meeting 06/30/2015 Page 75 of 150
MARANA RESOLUTION NO. 2015-074
RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN OPTION AND WIRELESS COMMUNICATIONS FACILITY LEASE
AGREEMENT WITH VERIZON WIRELESS LLC FOR THE LEASE OF APPROXIMATELY
864 SQUARE FEET OF TOWN -OWNED PROPERTY AT THE TOWN OF MARANA
WATER RESERVOIR SITE LOCATED AT LINDA VISTA BOULEVARD AND HARTMAN
LANE
WHEREAS Verizon Wireless LLC seeks to lease approximately 864 square feet of Town
property at the Town water reservoir site located at Linda Vista Boulevard and Hartman Lane for
a wireless communication facility, including a cell tower; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering into the proposed option and lease agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Option and Wireless Communications Facility Lease Agreement
with Verizon Wireless LLC attached to this resolution as Exhibit A, for the lease of
approximately 864 square feet of Town -owned property at the Town water reservoir site located
at Linda Vista Boulevard and Hartman Lane, 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 option and lease agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30th day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2015 -074 - 1 -
Marana Special Council Meeting 06/30/2015 Page 76 of 150
OPTION AND WIRELESS COMMUNICATIONS
FACILITY LEASE AGREEMENT
This Option and Wireless Communications Facility Lease Agreement
(""Agreement") is entered into by and between the Town of Marana, an Arizona
municipal corporation (""TOWN") and Verizon Wireless (VAW) LLC, a Delaware
limited liability company, d/ b/ a Verizon Wireless (""Verizon" or ""Lessee"). TOWN and
Verizon are at times collectively referred to as "Parties" or individually as a "Party" .
RECITALS
A. TOWN owns land located in the Town of Marana, Pima County, Arizona, at
5541 W. Linda Vista Boulevard, as further described in Exhibit A attached hereto and
incorporated herein by this reference (""Property").
B. TOWN is willing to lease an area to Verizon consisting of approximately 864
square feet located within the Property and as more particularly described in Exhibit B
attached hereto and incorporated herein by this reference (""the Site ") for a wireless
communication facility.
C. The access routes and utility easements necessary for Verizon's use under this
Agreement (""Access Routes ") are depicted in the map attached hereto as part of
Exhibit B.
D. The Site and Access Routes are collectively referred to hereafter as the
Premises.
E. TOWN and Verizon desire to establish their respective rights and responsibilities
regarding this Option and Wireless Communication Facility Lease Agreement.
OPTION AGREEMENT
In consideration of the mutual covenants contained in this Option Agreement,
the Parties agree as follows:
1. Option Period. TOWN hereby grants to Verizon the right and option to lease the
Premises for the term and in accordance with the covenants and conditions set forth in
this Agreement. The Option Period shall commence as of the signature date of the last
Party to sign this Agreement and continues for a period of 12 months, unless sooner
terminated or exercised by Verizon. If Verizon has not terminated or exercised the
option within the initial 12 -month Option Period, TOWN shall automatically grant a
second Option Period of 12 months to Verizon, commencing upon the anniversary date
of the first Option Period.
2. Inspection Rights During any Option Period, Verizon shall have the right to
analyze the suitability of the Premises for its intended use. Verizon and its employees,
Marana Special Council Meeting 06/30/2015 1 Page 77 of 150
agents, contractors, engineers, and surveyors shall have the right to enter upon the
Property to inspect, conduct, perform and examine soil borings, drainage testing, material
sampling, surveys and other geological or engineering tests or studies of the Property, to
apply for and obtain all licenses and permits required for Verizon's use of the Premises
from all applicable governmental or regulatory entities, and to do those things on or off
the Property that, in the sole opinion of Verizon, are necessary to determine the physical
condition of the Property, the environmental history of the Property, TOWN's title to the
Property and the feasibility or suitability of the Premises for Verizon s use as defined in
this Agreement, all at Verizon s expense (the "Due Diligence Investigation "). Activities
conducted in connection with Verizon s Due Diligence Investigation shall not be deemed
to constitute exercise of the option or commencement of construction of Verizon's
facilities.
3. Access Verizon shall comply with any reasonable security requirements of
TOWN if the Site is located within a fenced or secured access location.
4. Government Approvals It is understood and agreed that Verizon's ability to use
the Premises is contingent upon its obtaining all of the certificates, licenses, permits and
other approvals (collectively the "Governmental Approvals ") that may be required by
any federal, state or local authorities which will permit Verizon's use of the Premises as
set forth above. TOWN shall cooperate with Verizon in its effort to obtain such
approvals and shall take no action which would adversely affect the status of the
Property with respect to the proposed use thereof by Verizon, unless required to do so
by law or regulation or to protect public health, safety or welfare. However, nothing
herein shall be deemed to constitute a contractual obligation of TOWN, as a
municipality, to issue a required Governmental Approval where the officer, agent or
employee of TOWN responsible for the issuance of such Governmental Approval
deems the issuance of such a Governmental Approval to be inappropriate. This Lease is
not intended to supersede, modify or waive any requirements in the Marana Town
Code intended to regulate the construction and operation of telecommunications
services or the location and development of wireless communication facilities. If (1) any
applications for such Governmental Approvals should be finally rejected; (2) any
Governmental Approval issued to Verizon is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; or (3) Verizon determines that
such Governmental Approvals may not be obtained in a timely manner, Verizon shall
have the right to terminate this Agreement, as set forth in paragraph 5 of this Option
Agreement.
5. Termination of Option. If Verizon determines, during any Option Period, that the
Premises are not appropriate for Verizon's intended use, or if for any other reason, or
no reason, Verizon decides not to lease the Premises, then Verizon shall have the right
to terminate this Agreement without penalty upon written notice to TOWN at any time.
If the second Option Period, as described in paragraph 1 of this Option Agreement,
expires and Verizon has not exercised the option, this Agreement shall terminate. If
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 2 Page 78 of 150
Verizon terminates the option or fails to exercise the option, any Option Fee, as set forth
in paragraph 9 of this Option Agreement, below, will not be prorated or refunded.
6. Exercise of Option. At any time during any Option Period, Verizon may notify
TOWN in writing that it is exercising its option to lease the Premises and to commence
the Lease with TOWN, as set forth in Article 1 of the Lease Agreement below.
7. Damages and Indemnification. Verizon shall be responsible for any damages
caused by its agents or employees to the Premises or adjacent property, including
vegetation, during any Option Period, and shall promptly restore the damaged
property to its prior condition, less reasonable wear and tear. Verizon shall not be
responsible for any damages caused by the negligence or intentional misconduct of
TOWN. Verizon shall appear, defend, indemnify and hold harmless TOWN, its
officers, agents and employees from and against any claim for damages arising out of
the acts or omissions of Verizon, its officers, agents and employees related to this
Option Agreement. If Verizon fails or refuses to restore the Premises or adjacent
property to its condition as it was prior to any Option Period, TOWN is authorized to
do so and charge the costs to Verizon.
8. Reservation. During any Option Period, unless Verizon has previously
terminated this Agreement, TOWN will not lease the Site to another person or
materially compromise Verizon's possible future lease of the Site for wireless
communications.
9. Consideration for Option. In consideration for the rights as described in this
Option Agreement, Verizon shall pay to TOWN consideration in the amount of
$1,500.00 for each Option Period (""Option Fee ") . The Option Fee for the initial Option
Period will be paid within 45 calendar days from the full execution of this Agreement.
The Option Fee for the second Option Period, if any, will be paid within 45 calendar
days of commencement of the second Option Period. The Option Fee will not be
prorated for any partial month either at commencement or termination. If Verizon
enters into a Lease with TOWN for the Site, the Option Fee will not be prorated or
refunded.
10. General Provisions The general provisions found in Articles 18 through 20 of
the Lease Agreement apply to this Option Agreement.
LEASE AGREEMENT
In consideration of the mutual covenants contained in this Lease Agreement, the
Parties agree that the terms and conditions of this Lease Agreement shall apply from
and after the Commencement Date as follows:
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 3 Page 79 of 150
Article 1. Lease Term
1.1. Commencement The Lease shall commence on the first day of the first month
after Verizon notifies TOWN in writing that Verizon is exercising its option to lease the
Premises and to commence the Lease with TOWN, as set forth in paragraph 6 of the
Option Agreement (""Commencement Date ") . Verizon (hereinafter referred to as
"Lessee ") shall notify TOWN in writing of its intention to start construction on the Site
and the start date. The Commencement Date shall be noted here once it is known and
shall be incorporated herein by this reference as if fully set forth in this Agreement at
the time of execution:
1.2. Term. The Lease shall be for a term of five years (""Term") unless sooner
terminated as provided herein.
1.3. Renewal. The Lease will automatically renew for up to five successive five -year
periods (""Renewal Terms ") on the same terms and conditions as set forth herein, unless
sooner terminated as provided in this Lease Agreement. The Term and Renewal Terms
may collectively be referred to as the "Lease Term."
1.4. Holding Over. Any holding over after the expiration of the Lease Term, with
the consent of TOWN shall be construed to be a tenancy from month to month at one
and one -half times the rents herein specified (prorated on a monthly basis). The
provisions of this Lease Agreement shall apply to any such holding over period.
Article 2. Rent
2.1. Monthly Base Rent. During the Lease Term, Lessee shall pay to TOWN monthly
rent of $1,500.00 (""Rent") in consideration for the Lease. The first rental payment shall
be made within 30 days after the Commencement Date, and shall be prorated through
the end of the month. All subsequent rental payments shall be made to TOWN on or
before the first day of the month in advance.
2.2. Adjustment. Beginning on the first anniversary of the Commencement Date,
and on each anniversary of the Commencement Date thereafter, Rent shall increase by
an amount equal to 3 % above the Rent applicable in the immediately preceding year.
2.3. Payment of Rent. All Rent shall be payable to the Town of Marana, 11555 W.
Civic Center Drive, Marana, Arizona 85653; Attention: Finance Department.
Article 3. Permissible Use
3.1. In General. The Property may be used by Lessee for the transmission and
reception of radio communication signals and for the construction, installation,
operation, maintenance and repair of related support facilities (such as tower and base,
antennas, microwave dishes, equipment shelters and/or cabinets) but only for the
provision of what is commonly known as cellular telephone service (whether or not
technically referred to as Personal Communications Service, or some other term) by the
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 4 Page 80 of 150
use of "personal wireless service facilities" (as such phrase is defined in §704 of the
Federal Telecommunications Act of 1996, Pub. L. No. 104 -104, 110 Stat. 56 (1996),
partially codified at 47 U.S.C. § 332(c)(7)(C)(2), hereinafter "1996 Act Section 704 ") and
not for any other purpose. Lessee shall, at its expense, comply with all present and
future federal, state, and local laws, ordinances, rules and regulations (including but not
limited to laws and ordinances relating to health, safety, radio frequency emissions, and
radiation) in connection with the use of (and operations, maintenance, construction
and/or installations at) the Property.
3.2. Maintenance of Government Approvals Lessee shall be responsible for
maintaining during the Lease Term all Government Approvals, as defined in paragraph
4 of the Option Agreement, above, that may be required by any federal, state or local
authorities for the use of the Premises and the conduct of its business related to the
Premises.
3.3. Additional Providers Lessee may allow third party telecommunications
providers (""Additional Providers ") to co- locate on Lessee's antenna structure, as
described in the Site Plan attached hereto as Exhibit C and incorporated herein by this
reference. All persons, other than Lessee, providing telecommunications services from
the Lessee Facilities or co- locating on the antenna structure shall do so only as
sublessees of Lessee in accordance with the provisions of Article 9 of this Lease relating
to subletting. All Additional Providers shall hold a valid telecommunications license
during any period of time that the Additional Provider co- locates upon or otherwise
uses the Premises and/or the Lessee Facilities, or any part thereof, for
telecommunications services.
3.4. Compliance with Laws Lessee shall comply with all applicable laws, including
but not limited to zoning and environmental laws relating to its use and possession of
the Premises.
Article 4. Absence of Warranties
Lessee has leased the Premises after a full and complete inspection thereof, as well as
the title thereto, and knowledge of its present uses and nonuses. Lessee accepts the
Premises in the condition or state in which the Premises now exist without any
representation or warranty, express or implied in fact or law, by TOWN and without
recourse to TOWN, as to the title thereto, the nature, condition, or usability thereof or
the use or uses to which the Premises or any part thereof may be put, except for the
Warranty of Quiet Enjoyment set forth in Article 16 below. Except as otherwise
provided in this Agreement, TOWN shall not be required to furnish any services or
facilities or to make any repairs or alterations in or to the Premises or to provide any
off - Premises improvements, such as utilities or paving, or other forms of access to the
Premises, other than what may already exist as of the Commencement Date. Lessee
assumes the full and sole responsibility for the condition, construction, operation,
repair, demolition, replacement, maintenance, and management of the Premises.
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 5 Page 81 of 150
Notwithstanding anything to the contrary contained in this Agreement, TOWN shall, at
its sole cost and expense, repair, replace and maintain the Site in good condition and
repair as needed for Lessee's operation and use of the its facilities.
Article 5. Improvements
5.1. Lessee Facilities Lessee has the right to construct, maintain, install, repair
secure, replace, remove and operate on the Premises wireless communications facilities,
including but not limited to a foundation, utility lines, transmission lines, an air
conditioned equipment shelter(s) and/or an air conditioned equipment room, electronic
equipment, transmitting and receiving antennas, microwave dishes, antennas and
equipment, a power generator and generator pad, and supporting equipment and
structures, and security fencing (""Lessee Facilities ") as generally described in the Site
Plan attached hereto as Exhibit C and incorporated herein by this reference.
5.2. Utilit Lines Lessee at its own expense shall install utility lines in the approved
Access Routes to the Site necessary for Lessee Facilities and consistent with approval of
the utility company.
5.3. Construction All Lessee Facilities shall be constructed and installed at Lessee's
sole cost and expense and in a good and workmanlike manner. Lessee shall obtain
TOWN's prior approval of construction plans and specifications for the Lessee
Facilities, which shall not be unreasonably withheld, conditioned or delayed. All Lessee
Facilities shall be constructed or installed in compliance with specifications of plans
approved by TOWN. Within 30 days after completion of construction, Lessee shall
provide TOWN with as -built drawings of the Lessee Facilities.
5.4. Lien -free Construction. Lessee shall keep the Premises and all improvements
thereon free of any mechanic's or materialmen's liens or liens of any kind or nature for
any work done, labor performed, or material furnished on or to the Premises. If any
lien is filed, Lessee shall, at its sole cost, cause such lien to be removed from the
Premises within 60 days of notice or becoming aware of the lien.
5.5. Title to Improvements. Title to the Lessee Facilities and any equipment placed
on the Premises by Lessee shall be held by Lessee or its lenders or assigns and are not
fixtures, unless abandoned with permission of TOWN pursuant to paragraph 5.85.8
(Removal or Abandonment).
5.6. Alteration or Additional Improvements. Lessee shall make no alterations or
additional improvements to or upon the Premises beyond those described in the plans
and specifications approved by TOWN without first obtaining written approval of
TOWN. Nothing herein shall prevent Lessee from maintaining the Lessee Facilities or
from replacing equipment due to wear and tear or technological advancements
provided that such upgrades or replacements are with "like- kind" equipment which is
comparable in dimensions and weight to equipment described in the plans and
specifications and such accommodations comply with all requirements of this
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Marana Special Council Meeting 06/30/2015 6 Page 82 of 150
Agreement, the TOWN Conditional Use Permit, Municipal Code, Land Development
(Zoning) Code or other requirements. Approved alterations, additions, replacements
and upgrades shall become part of Lessee Facilities as that term is used in this
Agreement.
5.7. Maintenance Lessee at its own expense shall maintain the Premises and the
Lessee Facilities in good repair and in a manner suitable to TOWN so as not to conflict
with any adjacent TOWN operations. Lessee shall have sole responsibility for the
maintenance, repair, and security of the Lessee Facilities.
5.8. Removal or Abandonment Unless TOWN in writing allows or requires Lessee
to abandon the Lessee Facilities in place, Lessee at its sole expense shall remove the
Lessee Facilities on or before the expiration or within 90 days after any earlier
termination of this Lease Agreement. Such removal shall be done in a workmanlike
and careful manner and without interference or damage to any other facilities or
operations on the Premises. Lessee shall repair any damage to the Premises caused by
such removal to the reasonable satisfaction of TOWN. Upon no less than 90 days'
notice prior to the expiration of this Lease Agreement, or within 60 days of any earlier
termination, TOWN may require Lessee to abandon the Lessee Facilities in place at no
cost to TOWN if Lessee terminates the Lease and provided that TOWN has not
materially breached this Agreement. Title to any Lessee Facilities which are abandoned
in place with the written permission of TOWN shall be deemed transferred to TOWN
without compensation to Lessee. Said abandoned Lessee Facilities shall thereafter be
the sole property of TOWN "as -is" without any warranty, express or implied, including
any warranties of particular purpose.
Article 6. Access and Utilities
6.1. Access to Site TOWN shall provide Lessee, Lessee's employees, agents,
contractors, subcontractors and assigns with access to the Site 24 hours a day, seven
days a week, at no charge to Lessee. Lessee shall comply with reasonable security
requirements of TOWN related to accessing the Site.
6.2. Non - Exclusive Access Routes Lessee, its agents, employees and contractors,
shall have a non - exclusive right and easement for pedestrian and vehicular ingress and
egress across, and Lessee shall have an easement for utility lines to access the Site via
the Access Routes described or depicted generally in Exhibit C. TOWN and Lessee each
shall conduct operations within the Access Routes so as to cause minimal or no
interference to others.
6.3. Maintenance of Roadway TOWN shall maintain all access roadways from the
nearest public roadway to the Premises in a manner sufficient to allow pedestrian and
vehicular access at all times under normal weather conditions. TOWN shall be
responsible for maintaining and repairing such roadways, at its sole expense, except for
any damage caused by Lessee's use of such roadways.
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Marana Special Council Meeting 06/30/2015 7 Page 83 of 150
6.4. Payment of Utilities Lessee shall, at its own expense, install separate meters for
electricity and other utilities necessary for Lessee Facilities and shall timely pay all
utility charges associated therewith.
Article 7. Interference
7.1. Interference with Existing Uses Lessee's installation, operation and
maintenance of Lessee Facilities shall not damage or interfere in any way with existing
TOWN operations or related activities or other existing lessee or licensee activities.
Lessee agrees to cease all such actions which materially interfere with existing activities
upon written notice of such interference; provided, however, in such case Lessee shall
have the right to terminate the Lease.
7.2. Interference and New Uses Subsequent to the installation of the Lessee
Facilities, TOWN will not, and will not permit its lessees or licensees to, install new
equipment on or make any alterations to the Premises or property contiguous thereto
owned or controlled by TOWN, if such modifications are likely to cause a material
interference with Lessee's operations. In the event interference occurs, TOWN agrees to
use best efforts to eliminate any material interference within a reasonable time period.
TOWN's failure to comply with this paragraph shall be a material breach of this Lease
Agreement.
Article 8. Fees and Taxes
Lessee shall pay, as they become due and payable, all fees, charges, taxes and expenses
required for licenses and/or permits required for or occasioned by Lessee's use of the
Premises. Lessee shall pay all real and personal property taxes assessed against the
Lessee Facilities. TOWN shall pay when due, all real property taxes and all other taxes,
fees and assessments attributable to the Premises or this Lease Agreement.
Article 9. Assignment and Subletting
9.1. Assignment Lessee may assign the Lease Agreement to another company, with
TOWN's written consent, which shall not be unreasonably withheld, conditioned or
delayed; provided, however, Lessee may i) assign or transfer this Lease Agreement to a
financially viable parent, subsidiary, or affiliate, or to any entity which acquires all or
substantially all of Lessee's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger,
acquisition, or other business reorganization without TOWN consent, and, ii) Lessee
may assign the Lease Agreement to a commercial lending institution solely as security
for financing purposes without TOWN consent. In the event of an assignment, assignee
shall assume all obligations and liabilities of Lessee, known and unknown, under the
Lease Agreement arising both before and after the assignment date.
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9.2. Bankruptcy. Any person or entity to which this Lease Agreement is assigned or
transferred as part of any bankruptcy proceeding shall be deemed without further act to
have assumed all of the liabilities and obligations of Lessee arising under this Lease
Agreement on and after the date of such assignment. Any such assignee or transferee
shall upon demand execute and deliver to TOWN an instrument confirming such
assumption or transference. Any monies or other considerations payable or otherwise
to be delivered in connection with such assignment or transference shall be paid to
TOWN, shall be the exclusive property of TOWN, and shall not constitute "property" of
the Lessee or of the estate of Lessee within the meaning of the Bankruptcy Code. Any
monies or other considerations constituting TOWN's property under the preceding
sentence not paid or delivered to TOWN shall be held in trust for the benefit of TOWN
and be promptly paid to TOWN.
9.3. Subletting Except as provided in paragraphs 9.4 and 9.5 below, Lessee may not
sublet any portion of the Property, the Premises or the Lessee Facilities without the
prior written consent of TOWN, which consent may be withheld for any reason or no
reason in TOWN's sole discretion.
9.4. Additional Providers as Sublessees Lessee may allow Additional Providers to
co- locate upon Lessee's antenna structure, as set forth in paragraph 3.3 above and this
paragraph 9.5, provided that each such Additional Provider is a sublessee and Lessee
and each such sublessee complies with all of the applicable terms and conditions of this
Lease. The sublease of the Premises, the Lessee Facilities, or any part thereof, shall not
relieve Lessee of any obligations, responsibilities or liabilities Lessee may have under
this Lease.
9.4.1. If Lessee desires to co- locate Additional Providers on Lessee's antenna
structure, Additional Providers shall be required to obtain a separate ground lease
from TOWN for ground space on the Property and a separate sublease from Lessee
for space on Lessee's antenna structure. The Parties understand that: (i) TOWN and
Lessee shall reasonably cooperate to locate Additional Providers on the Property; (ii)
TOWN may not charge any fee to Lessee for subleasing space on Lessee's antenna
structure; (iii) Lessee shall not be liable to TOWN in any way for failure to enter
into, maintain or renew a sublease with Additional Providers for the use of Lessee's
antenna structure; (iv) TOWN shall not be liable to Lessee in any way for failure to
enter into, maintain or renew a ground lease with Additional Providers for the use
of TOWN's Property; (v) Lessee shall have the right to determine in its sole
discretion whether it will sublease any portion of the antenna structure; and (vi)
TOWN shall have the right to determine in its sole discretion whether it will lease
any portion of its Property to Additional Providers.
9.4.2. If Lessee subleases space on Lessee's antenna structure, Lessee shall receive
100% of any rental paid by Additional Providers for such space. If TOWN leases
ground space on the Property, TOWN shall receive 100% of any rental paid by
Additional Providers for such ground space. Additional Providers shall be
instructed to pay the foregoing percentage amounts directly to TOWN and Lessee.
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Lessee shall not be responsible to TOWN for the collection or payment of rents by
Additional Providers to TOWN, and TOWN shall not be responsible to Lessee for
the collection or payment of rents by Additional Providers to Lessee. Neither Party
shall have liability to the other Party in the event of failure of payment by
Additional Providers.
9.5. Sublease Requirements All of the following requirements must be met prior to
any sublease to an Additional Provider for collocation purposes:
9.5.1. All subleases shall (a) be in writing, (b) identify the Additional Provider as
the sublessee, (c) require the sublessee to comply with all of the terms and
conditions of this Lease to the same extent as Lessee must comply, and (c) be
acceptable in form to the Marana Town Attorney.
9.5.2. Lessee and sublessee shall, at their own expense, obtain all necessary
zoning, land use or similar approvals for the collocation on the Premises.
9.5.3. Lessee shall furnish TOWN with a set of the plans and specifications for
any alteration of the Lessee Facilities or the Premises required for the Additional
Provider to collocate on the Lessee Facilities, including, but not limited to, any
additional antennae, power source or related equipment and improvements. Prior
to the commencement of any construction or installation of any such alteration by
the sublessee, TOWN shall have determined that the alterations are acceptable and
shall have reviewed the plans and specifications and determined what additional
permits and zoning requirements, if any, are applicable.
Article 10. Default and Remedies
10.1. Default by Lessee Lessee shall be deemed in default of this Lease if any of the
following occurs:
10.1.1. Lessee fails to pay Rent in compliance with Article 2 of this Lease
Agreement or any other sums to TOWN when due, and does not cure such default
within ten days of receipt of written notice from TOWN; or
10.1.2. If Lessee fails to comply with the performance of any other covenant or
condition of this Lease Agreement and does not cure such other default within 30 days
after written notice from TOWN specifying the default complained of, unless such
default cannot reasonably be cured within 30 days, in which case Lessee will not be in
default as long as Lessee commences to cure the default within the 30 -day period and
diligently pursues such cure to completion; or
10.1.3. If Lessee abandons the Premises and fails to pay rent or otherwise comply
with the requirements of this Agreement for a period of four months or longer; or
10.1.4. If Lessee is adjudicated as bankrupt or makes any assignment for the benefit
of creditors.
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10.2. TOWN's Remedies in Event of Lessee Default In the event of a default by
Lessee, TOWN shall notify Lessee, in writing, of said default. If Lessee fails to cure
within 30 days after the date of the notice, or in such other applicable time period as
outlined above, in addition to and not exclusive of any other remedy available to
TOWN by operation of law, TOWN shall have the right, at its option, to terminate the
Lease Agreement in which event Lessee shall immediately remove the Lessee Facilities
and pay TOWN a sum of money equal to the total of: (i) the amount of the unpaid Rent
accrued through the date of termination; and (ii) any other amount necessary to
compensate TOWN for all detriment proximately caused by Lessee's failure to perform
its obligations under the Lease.
10.3. Cure by TOWN In the event of any default of this Lease Agreement by Lessee,
TOWN may at any time, after notice, cure the default for the account of and at the
expense of the Lessee. If TOWN is compelled to pay or elects to pay any sum of money
or to do any act which will require the payment of any sum of money or is compelled to
incur any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce TOWN's rights under this Lease, the sums so paid by
TOWN, with all interest, costs and damages, shall be deemed to be Additional Rent and
shall be due from the Lessee to TOWN on the first day of the month following the
incurring of the respective expenses.
10.4. Default by TOWN TOWN shall be in default if TOWN fails to comply with
the performance of any covenant or condition of this Lease Agreement and does not
cure such other default within 30 days after written notice from Lessee specifying the
default complained of, unless such default cannot reasonably be cured within 30 days,
in which case TOWN will not be in default as long as TOWN commences to cure the
default within the 30 -day period and diligently pursues such cure to completion.
10.5. Lessee's Remedies in Event of TOWN Default In the event of a TOWN default
and failure to cure, in addition to and not exclusive of any other remedy available to
Lessee by operation of law, Lessee may terminate this Lease upon written notice to
TOWN and shall remove the Lessee Facilities as set forth in paragraph 5.8.
Article 11. Voluntary Termination
11.1. Voluntary Termination by Lessee This Lease Agreement may be terminated
by Lessee without further liability on 30 days' prior written notice (i) if Lessee is unable
to reasonably obtain or maintain any certificate, license, permit, authority or approval
from any governmental authority, thus, restricting Lessee from installing, removing,
replacing, maintaining or operating the Lessee Facilities or using the Premises in the
manner intended by Lessee; (ii) if Lessee determines that the Premises are not
appropriate for its operations for economic, environmental or technological reasons,
including without limitation, signal strength, coverage or interference, or (iii) Lessee
otherwise determines, within its sole discretion, that it will be unable to use the
Premises for Lessee's intended purpose.
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11.2. Voluntary Termination by TOWN.
a a
11.2.1. During the first Renewal Term (years 6 -10), this Lease Agreement may be
terminated by TOWN without further liability to Lessee if TOWN reasonably
determines termination is necessary to serve a governmental (non - proprietary)
purpose, upon one year's prior written notice to Lessee.
11.2.2. At any time after the first Renewal Term (year 11 or subsequent), this
Agreement may be terminated by TOWN without further liability to Lessee upon
one year's prior written notice to Lessee.
Article 12. Damage or Destruction of Lessee Facilities
If the Lessee Facilities or any portion of the Lessee Facilities are destroyed or damaged
so as to materially interfere with effective use of the Lessee Facilities through no fault or
negligence of Lessee, Lessee may elect to terminate this Lease Agreement upon 30 days'
written notice to TOWN. In such event, Lessee shall promptly remove the Lessee
Facilities from the Premises as set forth in paragraph 5.8 and this Lease Agreement (and
Lessee's obligation to pay rent) shall terminate upon Lessee's fulfillment of the same.
Upon termination, Lessee shall be entitled to the reimbursement of any Rent prepaid by
Lessee. TOWN shall have no obligation to repair any damage to any portion of the
Premises.
Article 13. Condemnation
If the Premises are taken by eminent domain, this Lease Agreement shall terminate as of
the date title to the Premises vests in the condemning authority. If a portion of the
Premises is taken by eminent domain so as to materially hinder effective use of the
Premises by Lessee, either Party shall have the right to terminate this Lease Agreement as
of said date of title transfer, by giving 30 days' written notice to the other Party. In the
event of any taking under the power of eminent domain, compensation shall be as
determined by applicable law.
Article 14. Indemnity
14.1. Disclaimer of Liability TOWN shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising out of
Lessee's construction, maintenance, repair, use, operation, condition or dismantling of
the Premises, unless such injury or damage is caused by the negligence of TOWN or
TOWN's employees.
14.2. Indemnification by Lessee Lessee shall, at its sole cost and expense, indemnify
and hold harmless TOWN and all associated, affiliated, allied and subsidiary entities of
TOWN, now existing or hereinafter created, and their respective officers, boards,
commissions, employees, agents, attorneys, and contractors (hereinafter referred to as
"Indemnitees" ), from and against:
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14.2.1. Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be imposed
upon, incurred by, or be asserted against the Indemnitees by reason of any act or
omission of Lessee, its personnel, employees, agents, contractors or subcontractors,
resulting in personal injury, bodily injury, sickness, disease or death to any person
or damage to, loss of or destruction of tangible or intangible property, libel, slander,
invasion of privacy and unauthorized use of any trademark, trade name, copyright,
patent, service mark or any other right of any person, firm or corporation, which
may arise out of or be in any way connected with the construction, installation,
operation, maintenance, use or condition of the Premises or the Lessee's failure to
comply with any federal, state or local statute, ordinance or regulation.
14.2.2. Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and other consultants), which are imposed
upon, incurred by or asserted against the Indemnitees by reason of any claim or lien
arising out of work, labor, materials or supplies provided or supplied to Lessee, its
contractors or subcontractors, for the installation, construction, operation, maintenance
or use of the Premises and, upon the written request of TOWN, Lessee shall cause such
claim or lien covering TOWN's property to be discharged or bonded within 30 days
following such request.
14.2.3. Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be imposed upon,
incurred by or be asserted against the Indemnitees by reason of any financing or
securities offering by Lessee or its affiliates for violations of the common law or any
laws, statutes, or regulations of the State of Arizona or United States, including those of
the Federal Securities and Exchange Commission, whether by Lessee or otherwise.
14.3. Lessee's Right of Recovery Nothing herein shall be construed to waive
Lessee's rights to seek recovery against TOWN for TOWN's negligence or willful
misconduct other than lost profits or revenues caused to Lessee's operations, or to seek
recovery against third persons for any damages caused to property or injury to persons,
in, upon or about the Premises by such other persons.
14.4. Assumption of Risk Lessee undertakes and assumes for its officers, agents,
affiliates, contractors and subcontractors and employees (collectively "Lessee" for the
purpose of this paragraph 14.4), all risk of dangerous conditions, if any, on or about the
Premises, and Lessee hereby agrees to indemnify and hold harmless the Indemnitees
against and from any claim asserted or liability imposed upon the Indemnitees for
personal injury or property damage to any person (other than from Indemnitee's
negligence) arising out of Lessee's installation, operation, maintenance, condition or use of
the Premises or Lessee's failure to comply with any federal, state or local statute,
ordinance or regulation.
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14.5. Defense of Indemnitees. If any action or proceeding shall be brought against the
Indemnitees by reason of any matter for which the Indemnitees are indemnified
hereunder, Lessee shall, upon notice from any of the Indemnitees, at Lessee's sole cost and
expense, resist and defend the same with legal counsel selected by Lessee and approved
by TOWN; provided however, that Lessee shall not admit liability in any such matter on
behalf of the Indemnitees without the written consent of TOWN and provided further that
Indemnitees shall not admit liability for, nor enter into any compromise or settlement of,
any claim for which they are indemnified hereunder, without the prior written consent of
Lessee.
14.6. Notice, Cooperation and Expenses
14.6.1. TOWN shall give Lessee prompt notice of the making of any claim or
commencement of any action, suit or other proceeding covered by the provisions of
this Article. Nothing herein shall be deemed to prevent TOWN from cooperating
with Lessee and participating in the defense of any litigation by TOWN's own
counsel. Lessee shall pay all reasonable, third - party, out -of- pocket expenses
incurred by TOWN in response to any such actions, suits or proceedings. These
expenses shall include all reasonable, third - party, out -of- pocket expenses such as
reasonable attorney fees and the reasonable expenses of TOWN's agents, employees
or expert witnesses, and disbursements and liabilities assumed by TOWN in
connection with such suits, actions or proceedings but shall not include attorneys'
fees for services that are unnecessarily duplicative of services provided TOWN by
Lessee.
14.6.2. If Lessee requests TOWN assist it in such defense then Lessee shall pay all
reasonable expenses incurred by TOWN in response thereto, including defending itself
with regard to any such actions, suits or proceedings. These expenses shall include all
out -of- pocket expenses such as attorney fees and shall also include the costs of any
services rendered by the TOWN's attorney, and the actual expenses of TOWN's
agents, employees or expert witnesses, and disbursements and liabilities assumed by
TOWN in connection with such suits, actions or proceedings.
14.7. Negligence of Indemnitees Lessee's obligation to indemnify Indemnitees
under this Lease Agreement shall not extend to claims, losses, and other matters
covered hereunder that are caused or contributed to by the negligence or willful
misconduct of one or more Indemnitees.
14.8. Indemnification by TOWN TOWN shall indemnify and hold harmless Lessee
against any claim of liability or loss from personal injury or property damage resulting
from or arising out of the negligence of TOWN and /or the Indemnitees, except to the
extent such claims or damages may be due to or caused by the negligence or willful
misconduct of Lessee, or its personnel, employees, agents, contractors or
subcontractors.
14.9. Indemnities and Insurance Cumulative Lessee's obligations to indemnify do
not diminish in any way Lessee's obligations to insure; and Lessee's obligations to
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insure do not diminish in any way Lessee's obligations to indemnify. Lessee's
obligations to indemnify and provide insurance are in addition to, and do not limit, any
and all other liabilities or obligations of Lessee under or connected with this Agreement.
The amount and type of insurance coverage required by this Agreement will in no way
be construed as limiting the scope of the indemnities in this paragraph.
Article 15. Regulated/Hazardous Substances Indemnification
15.1. Applicable Laws. Lessee recognizes that assuring protection of public health,
welfare and the environment from activities upon the Premises during the Lease Term
is an important consideration for TOWN and during the Lease Term the federal, state
and local laws, rules, regulations and ordinances relating to pollution, protection of the
environment, public health, safety or industrial hygiene (hereinafter referred to as the
"Applicable Laws ") will change. Lessee warrants that throughout the Lease Term,
Lessee will maintain compliance with all Applicable Laws.
15.2. Regulated Substances. Lessee further warrants, unless disclosed and agreed to
by TOWN, that no liquid, solid, semi -solid or gaseous Regulated Substances as defined
herein which are, or during the Lease Term may become, subject to regulation under
Applicable Laws, will be used on the Premises, except for diesel fuel. "Regulated
Substances" include, but are not limited to, any and all substances, materials or wastes
regulated under the Resource Conservation and Recovery Act, 43 U.S.C. Section 8909, et
seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. Section 9601, et. seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601, et
seq.; the Arizona Hazardous Waste Management Act, A.R.S. Section 49 -921, et seq.; the
Arizona Underground Storage Tank Regulation Act, A.R.S. Section 49 -101, et seq.; and
the rules and regulations adopted and guidelines promulgated pursuant to the
Applicable Laws. TOWN agrees that TOWN will not use, generate, store or dispose of,
or permit the use, generation, storage or disposal of, any Regulated Substances on,
under, about or within the Property in violation of any law or regulation.
15.3. Discharges and Emissions. In addition to the other requirements of this Article
15, Lessee shall not release, discharge, leak or emit, or permit to be released, discharged,
leaked or emitted into the atmosphere, ground, soil, sewer system, surface water or
groundwater any substance if such substance (as reasonably determined by TOWN, or
any governmental authority) does or may pollute or contaminate the same, or may
adversely affect: i) the environment, ii) the health, welfare or safety of persons whether
located on the Premises or elsewhere, or iii) the condition, value, use or enjoyment of
the Premises or any other real or personal property.
15.4. Permits. Lessee has or will timely obtain, maintain and comply with all
provisions of all permits, licenses and other authorizations which are required under
the Applicable Laws (hereinafter referred to as the ""Permits").
15.5. Notices Required. Lessee shall notify TOWN in writing of any allegations by
any governmental authority or other person or entity of any event of non - compliance
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with the Applicable Laws or Permits. Lessee shall also notify TOWN in writing of any
allegations by any governmental authority or other person or entity, of any events,
conditions, circumstances, activities, practices, incidents, actions or plans which may
interfere with or prevent continued compliance with Applicable Laws, Permits or the
provisions of this Article, or which may give rise to any common law or legal liability,
or otherwise form the basis of any claim, action, suit, proceeding, hearing or
investigation, based on or related to the generation, manufacture, distribution, use,
treatment, storage, disposal, transport, or handling, or the emission, discharge, release
or threatened release into the environment, of any pollutant, contaminant or Regulated
Substance. Lessee shall give the notice required by this paragraph 15.5 within five
business days of when Lessee becomes aware of any allegations described in this
paragraph. Written notice under this paragraph may be provided by email.
15.6. TOWN Inspections. TOWN, or its authorized representative, agent or
contractor, shall have the right, upon reasonable notice, to inspect the Premises and to
review and copy documents, records, and data maintained by Lessee relating to
substances used and stored on the Premises or disposed of, released or otherwise
removed from the Premises, in order to assure itself that Lessee is in compliance with
the provisions of this Article 15. In addition, TOWN shall have the right, at its expense,
to perform periodic environmental inspections as TOWN deems necessary using the
services of qualified and duly licensed environmental engineers approved by Lessee
whose approval thereof may not be unreasonably withheld. The said engineers shall
conduct such sampling and testing of soils, water, substances and emissions as TOWN
deems necessary to assure itself that Lessee is in compliance with the provisions of this
Article.
15.7. Reimbursement of TOWN Costs; Remediation. If the results of the inspection
indicate a need for further testing and /or remediation as a result of Lessee's use of the
Premises in order to comply with Arizona Department of Environmental Quality
(ADEQ) or Environmental Protection Agency (EPA) remediation standards or
guidelines, then Lessee hereby agrees to reimburse TOWN for its reasonable inspection
costs and to pay for such additional testing and remediation as will be required as a
consequence of Lessee's use of the Premises. Should remediation be required as a
consequence of Lessee's use of Premises, Lessee shall promptly undertake such
remediation as is necessary to restore the condition of the Premises and shall diligently
pursue such work to completion. Lessee's failure to timely perform its obligations
under this Article shall be considered a material breach of this Lease, and Lessee's
obligations under this Article shall continue beyond the expiration or termination
hereof. Nothing in this Article shall constitute a waiver of any right of Lessee, including
without limitation, the right to receive contribution from any individual or entity
responsible for contamination of any part of the Premises.
15.8. Termination. Any instance of non - compliance with Applicable Laws, Permits
or the provisions of this Article shall be grounds for immediate termination of this
Lease by TOWN.
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15.9. Indemnification by Lessee. To the fullest extent permitted by law, Lessee
agrees to indemnify, defend and hold TOWN harmless for any costs of legally required
remediation of environmental contamination and from any claims, demands, actions,
suits, proceedings, hearings, investigations, responsibility, liability, orders, injunctions,
judgments, fines, damages and losses of any nature whatsoever, arising out of or
relating in any way to Lessee's present or future use of, or activities or operations on or
at, the Premises, or arising from or relating to any breach of the provisions of this
Article. Lessee also agrees to indemnify and hold TOWN harmless for any costs and
expenses incurred in connection therewith, including without limitation, any attorneys'
and expert witness fees, investigation, clean up, removal, disposal, remedial, corrective,
or mitigating action costs, fines and penalties related in any way to Lessee's use of the
Premises. These indemnities shall survive the termination of this Lease.
15.10. Indemnification by TOWN. TOWN agrees to defend and indemnify Lessee
and Lessee's partners, affiliates, agents and employees against any and all losses,
liabilities, claims and /or costs (including reasonable attorneys' fees and costs) arising
from TOWN's breach of TOWN's agreement not to use, generate, store or dispose of, or
permit the use, generation, storage or disposal of, any Regulated Substances on, under,
about or within the Property in violation of any law or regulation, as contained in
paragraph 15.2 above.
Article 16. Warranty of Quiet Enjoyment
TOWN covenants that so long as Lessee performs the covenants, terms and conditions
required of Lessee contained herein, Lessee shall peaceably and quietly have, hold and
enjoy the Premises for the aforesaid term and any extensions thereof, and TOWN shall
not in any manner interfere with or disrupt the Lessee's business or frustrate Lessee's
intended use of the Property.
Article 17. Waiver of Lien
TOWN hereby waives any and all lien rights it may have, statutory or otherwise
concerning the Lessee Facilities or any portion thereof which shall be deemed personal
property for the purposes of this Lease Agreement, whether or not the same is deemed
real or personal property under applicable laws, and TOWN gives Lessee and
Mortgagees the right to remove all or any portion of the same from time to time,
whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's
sole discretion and without TOWN's consent. Any Mortgagee shall contact TOWN
prior to removal and TOWN may require Mortgagee to indemnify TOWN for any
damages caused to the Premises.
Article 18. Insurance
18.1. Coverage During the Option Period and during the Lease Term, including
any extensions, Lessee shall maintain, or cause to be maintained, in full force and effect
and at its sole cost and expense, the following types and limits of insurance. The
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coverage amounts set forth below may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
18.1.1. Workers' Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of $100,000
for each accident /disease /policy limit.
18.1.2. Commercial general liability insurance with minimum limits of $1,000,000 as
the combined single limit for each occurrence of bodily injury and property damage
and $2,000,000 general aggregate. The policy shall provide blanket contractual liability
insurance for all written contracts, products and completed operations liability,
independent contractor's liability, and cross liability; and coverage for property
damage from perils of explosion, collapse or damage to underground utilities,
commonly known as XCU coverage.
18.1.3. Automobile liability insurance covering all owned, hired, and non -owned
vehicles in use by Lessee, with minimum limits of $1,000,000 as the combined single
limit for each accident for bodily injury and property damage.
18.1.4. At the start of and during the period of any construction, builders all -risk
insurance, together with an installation floater or equivalent property coverage
covering cables, materials, machinery and supplies of any nature whatsoever which
are to be used in or incidental to the installation of the Lessee Facilities. Upon
completion of the installation of the Lessee Facilities, Lessee shall substitute for the
foregoing insurance policies of fire, extended coverage and vandalism and malicious
mischief insurance on the Premises. The amount of insurance at all times shall be
representative of the insurable values installed or constructed.
18.1.5. Business interruption insurance coverage in an amount sufficient to cover
such loss of revenues, for the period of time which it would take, under normal
circumstances, to repair or replace that part(s) of the Premises which is damaged and
caused the loss of revenue.
18.1.6. All policies shall be written on an occurrence and not on a "claims made"
basis.
18.2. Additional Insureds The commercial general liability and automobile liability
policies shall include TOWN as an additional insured as TOWN's interest may appear
(herein referred to as the "Additional Insureds ") .
18.3. Evidence of Insurance. Current certificates of insurance and any required
endorsements for each insurance policy required to be obtained and maintained by
Lessee incompliance with this Article shall be filed and maintained with TOWN within
30 days of execution of this Agreement and within ten days of any renewal or change in
such policies. If TOWN is not provided current certificates and endorsements and must
request an updated certificate or endorsement, Lessee shall pay an administrative fee of
$25.00 for each certificate or endorsement so requested.
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18.4. Lessee Insurance Primary Lessee's insurance shall be primary insurance with
respect to Lessee's obligations under this Agreement and in the protection of TOWN as an
Additional Insured.
18.5. Waiver All policies, including Workers' Compensation and Employers
liability insurance, shall contain a waiver of rights of recovery (subrogation) against
TOWN, its agents, representatives, officials, officers and employees for any claims
arising out of the work or services of Lessee. Lessee shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement
thereto.
18.6. Representation of Coverage Adequacy By requiring insurance herein, TOWN
does not represent that coverage and limits will be adequate to protect Lessee. Failure
to demand evidence of compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Lessee from,
nor be construed or deemed a waiver of, Lessee's obligation to maintain the required
insurance at all times during the performance of the Agreement.
18.7. Notice of Claims Lessee shall immediately advise TOWN of any claim or
litigation that may result in liability to TOWN.
18.8. Cancellation of Policies of Insurance Lessee shall give TOWN at least 30
calendar days' written notice prior to a planned cancellation or reduction of any
coverage required by this Article. Lessee shall give TOWN immediate notice of any
other cancellation or reduction of any coverage required by this Article. Cancellation or
reduction of any coverage required by this Article is grounds for termination of this
Agreement by TOWN.
18.9. Insurance Companies All insurance shall be affected under valid and
enforceable policies, insured by insurers reasonably acceptable to TOWN.
18.10. Contractors Lessee shall require that each and every contractor and
subcontractor who performs work on the Premises obtains and maintains substantially
the same coverage with substantially the same limits as required of Lessee.
Article 19. 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, or sent by for next - business -day delivery by a nationally
recognized overnight carrier to the following addresses:
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
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TOWN: TOWN OF MARANA
Attention: Town Manager
Address: 11555 W. Civic Center Drive
Marana, Arizona 85653
With a copy to:
TOWN OF MARANA
Attn: Town Attorney
11555 W. Civic Center Drive
Marana, Arizona 85653
Lessee: VERIZON WIRELESS (VAW) LLC, d /b /a
Verizon Wireless
Attention: Network Real Estate
Address: 180 Washington Valley Road
Bedminster, New Jersey 07921
TOWN or Lessee may from time to time designate any other address for this purpose
by written notice to the other party. All notices hereunder shall be deemed received
upon actual receipt or refusal to accept delivery.
Article 20. Miscellaneous Provisions
20.1. Waiver Failure of TOWN to insist on strict performance of any of the
conditions, covenants, terms or provisions of this Agreement or to exercise any of its
rights hereunder shall not waive such rights, but TOWN shall have the rights to enforce
such rights at any time. The receipt of any sum paid by Lessee to TOWN after a breach
of this Agreement shall not be deemed a waiver of such breach unless expressly set
forth in writing.
20.2. Attorneys' Fees The prevailing Party in any legal claim arising hereunder
shall be entitled to its reasonable attorney's fees and court costs, including appeals, if
any.
20.3. Severability If any provision of the Agreement is invalid or unenforceable
with respect to any Party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or unenforceable,
shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
20.4. Survival Terms and conditions of this Agreement which by their sense and
context survive the termination, cancellation or expiration of this Agreement will so
survive, including, but not limited to, paragraphs 7 ( Damages and Indemnification
and 9 ( Consideration for Option of the Option Agreement, and Article 5
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(Improvements), Article 10 (Default and Remedies), Article 11 (Voluntary
Termination), Article 12 (Damage or Destruction of Lessee Facilities), Article 13
(Condemnation), Article 14 (Indemnity), Article 15 (Regulated /Hazardous Substances
Indemnification) and Article 18 (Insurance) and paragraph 20.10 (Additional
Regulations) of the Lease Agreement.
20.5. Governing Laws This Agreement shall be governed under the laws of the
state of Arizona, and be binding on and inure to the benefit of the successors and
permitted assignees of the respective Parties.
20.6. Memorandum of Agreement. A Memorandum of Agreement in the form
attached hereto as Exhibit D may be recorded by Lessee confirming the (i) effectiveness
of this Agreement, (ii) expiration date of the Lease Term, (iii) the duration of any
Renewal Terms, and /or other reasonable terms consistent with this Agreement.
20.7. Entire Agreement. This Agreement constitutes the entire Agreement between
the Parties, and supersedes all understandings, offers, negotiations and other leases
concerning the subject matter contained herein. There are no representations or
understandings of any kind not set forth herein. Any amendments, modifications or
waivers of any of the terms and conditions of this Agreement must be in writing and
executed by both Parties.
20.8. Conflict of Interest. TOWN may cancel this Agreement pursuant to A.R.S.
§ 38 -511 (conflict of interest), as may be amended from time to time. In the event
TOWN elects to exercise its rights thereunder, TOWN agrees to immediately give notice
thereof to Lessee.
20.9. Sale of Property. If TOWN, at any time during an Option Period for Lease
Term (i) sells or transfers all or any part of the Property to a purchaser other than
Lessee, or (ii) grants to a third party by easement or other legal instrument an interest in
and to that portion of the Property occupied by Lessee, or a larger portion thereof, for
the purpose of operating and maintaining communications facilities or the management
thereof, such sale or grant of easement or interest therein shall be under and subject to
Lessee's rights pursuant to this Agreement.
20.10. Additional Regulations. The Parties are aware of Sections 6003 and 6409(a) of
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112 -96,
preliminarily codified at 47 U.S.C. §§ 1403 and 1455(a) (""Section 6003" and "Section
6409(a) "), are aware that such Sections have not yet been interpreted and applied by the
courts, have differing views on the Sections' potential applicability to this Agreement,
and have consulted their respective legal counsel with respect to same. The Parties
agree that the Federal Communications Commission recent Report and Order,
Acceleration of Broadband Deployment by Improving Wireless Siting Facilities, Report and
Order, WT Docket No. 13 -238, et. al., FCC 14 -153 (rel. Oct. 21, 2014), specifically stated
that Section 6409(a) applies only to state and local governments acting in their role as
land use regulators and does not apply to such entities acting in their proprietary
capacities. TOWN may contend, among other things, that Sections 6003 and 6409(a) are
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 21 Page 97 of 150
unconstitutional under the Commerce Clause, Fifth and Tenth Amendments to the U.S.
Constitution, do not apply to units of government acting in a proprietary capacity or if
applied to light standards in the public rights of way jeopardize the public health, safety
and welfare. The resolution of such contentions, which may not come to pass, is
premature. Nothing herein is intended to limit either Party's ability to assert the
validity or invalidity of the same.
SIGNATURE PAGE FOLLOWS
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 22 Page 98 of 150
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last
Party's signature date below.
"TOWN ":
THE TOWN OF MARANA,
an Arizona municipal corporation
""Lessee":
VERIZON WIRELESS (VAW) LLC, a
Delaware limited liability company,
d/ b/ a Verizon Wireless
Ed Honea
Mayor
Date
ATTEST:
Clifton Casey
Executive Director - Network
Date
Federal I.D. #:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF
County of
ss.
The foregoing instrument was acknowledged before me this day of , 2015
by ,the of VERIZON WIRELESS
(VAW) LLC, a Delaware limited liability company, d /b /a Verizon Wireless, on behalf
of the limited liability company.
(Seal)
Notary Public
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE
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Marana Special Council Meeting 06/30/2015 23 Page 99 of 150
LIST OF EXHIBITS
Exhibit A: Description of Property
Exhibit B: Map of the Site and Access Routes
Exhibit C: Site Plan
Exhibit D: Form of Memorandum of Agreement
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE
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Marana Special Council Meeting 06/30/2015 24 Page 100 of 150
EXHIBIT A
DESCRIPTION OF PROPERTY
BLOCK II, OF HARTMAN VISTAS ACCORDING TO THE PLAT OF RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, RECORDED
IN BOOK 55 OF MAPS AND PLATS, PAGE 42.
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Marana Special Council Meeting 06/30/2015 25 Page 101 of 150
EXHIBIT B
MAP OF THE SITE AND ACCESS ROUTES (PREMISES)
The Site is described and /or depicted as follows (metes and bounds description):
APN: 221 -06 -4010
The Premises are described and /or depicted as follows:
SEE ATTACHED
Notes:
1. Lessee may replace this Exhibit with a survey of the Premises once Lessee receives it.
2. Lessee Facilities shall comply with setback requirements of TOWN and any other
applicable governmental authorities.
3. The access road's width will be the width required by TOWN, including police
and fire departments.
4. The locations of any utility easements are illustrative only. The actual locations will
be determined by the servicing utility company in compliance with all local laws
and regulations.
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
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EXHIBIT C
SITE PLAN
SEE ATTACHED
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
Marana Special Council Meeting 06/30/2015 27 Page 103 of 150
EXHIBIT D
WHEN RECORDED
RETURN TO:
MCGUIRE WOODS LLP
1800 CENTURY PARK EAST
8TH FLOOR
LOS ANGELES, CA 90067
ATTN: SARAH I. KIM
SITE: TUC BLUE BONNET
MEMORANDUM OF AGREEMENT
APN: 221 -06 -4010
This MEMORANDUM OF AGREEMENT is entered into by and between the Town of
Marana, Arizona, an Arizona municipal corporation, with an address of 11555 W. Civic
Center Drive, Marana, Arizona 85653 (hereinafter referred to as "TOWN ") and Verizon
Wireless (VAW) LLC, a Delaware limited liability company, d/ b/ a Verizon Wireless,
with an address at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey
07920 (hereinafter referred to as "Lessee ").
1. TOWN and Lessee entered into an Option and Wireless
Communications Site Lease Agreement (""Agreement") effective ,
20 (""Effective Date").
2. The Agreement relates to a certain Site owned by TOWN described
as set forth in Exhibit A and necessary access and utility easements (collectively
referred to hereafter as the "Premises ") as set forth in Exhibit B. attached hereto and
incorporated by reference.
3. The Agreement allows Lessee to conduct investigations and tests to
determine if the Premises are appropriate for installing, operating and maintaining a
wireless communications facility and other improvements during a specified Due
Diligence Period.
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE 6/23/2015
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4. The Agreement allows Lessee to exercise an option to lease the
Premises for a five -year term upon written notice to TOWN, with a provision for
renewal for up to five additional five -year terms.
5. This Memorandum of Agreement is solely for purposes of
memorializing the Agreement and shall not serve to change or alter any terms or
conditions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement as of the day and year stated below.
TOWN:
Town of Marana, an Arizona municipal
corporation
By: EXHIBIT ONLY - DO NOT
EXECUTE
Name:
Title:
Date:
LESSEE:
Verizon Wireless (VAW) LLC, a Delaware
limited liability company, d /b /a Verizon
Wireless
By: EXHIBIT ONLY - DO NOT
EXECUTE
Nam
e:
Title:
Date:
OPTION AND WIRELESS COMMUNICATION FACILITY LEASE AGREEMENT: VERIZON/ HARTMAN VISTAS SITE
6/23/2015
Marana Special Council Meeting 06/30/2015 29 Page 105 of 150
ATTACH EXHIBITS
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Marana Special Council Meeting 06/30/2015 30 Page 106 of 150
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9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 85 65 3
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item A 3
Subject: Resolution No. 2015 -075 Relating to Municipal Court; approving a recruitment and
selection process and a job posting, including minimum qualifications and salary range,
for the position of Town Magistrate (Jane Fairall)
Discussion:
Marana Town Code Chapter 5 -2 provides that the Town Council shall appoint a Town Magistrate
as the presiding officer of the municipal court and that the Town Magistrate shall be appointed to
a two -year term. The position of Marana Town Magistrate is currently held by Charles Davies,
who has served with distinction in that position since 2008; however, Judge Davies recently
announced his intent to retire as of July 31, 2015.
Because this position is appointed by the Town Council, Town staff seeks approval of the
recruitment and selection process and the job posting, including minimum qualifications and
salary range, for the position.
The proposed recruitment and selection process provides that the position would be posted as of
July 1, 2015 and application materials selected for three weeks, until July 22, 2015. At that time,
Human Resources Department staff would screen the applications for minimum qualifications,
review the applications with the Town Manager's Office, and then submit the qualified
candidates' materials to the Town Council. At the Council's August 4, 2015 meeting, the Council
will review the application materials and select those candidates to be invited for interviews.
Interviews would take place in mid - August, and Council would direct staff to begin contract
negotiations with the top candidate. At the Council's first meeting in September, Council would
be asked to approve a contract with the Town Magistrate, and depending upon the selected
candidate's availability, the candidate will start sometime between mid - September and the
beginning of October.
Marana Special Council Meeting 06/30/2015 Page 111 of 150
In 2008, when the Town last had a vacancy in the position, after receiving information regarding
qualifications and salary for similar positions in other jurisdictions, the Council approved a job
description that set the Town Magistrate's salary range at $90,000 - $102,000 and required that
candidates be attorneys in good standing with the Arizona State Bar, with a minimum of 10 years
of progressively responsible experience as a practicing attorney, judge or hearing officer.
The job posting submitted for Council's approval tonight includes a salary range of
$91,3 82- $141,643. This is the same salary range that the Town Manager has implemented for
Town Officers Grade I, which category includes most of the Department Heads in the Town. As
the Town Magistrate operates as the Department Head for Marana Municipal Court, the
Magistrate's pay should be commensurate with the majority of other Department Heads.
Moreover, the suggested salary range is similar to the salary ranges used by the Town's two most
similar comparator jurisdictions, Sahuarita and Oro Valley. The range for Sahuarita Town
Magistrate is $86,693 - $122,771 (although Council is free to deviate from this range). The range
for Oro Valley is $105,223 - $157,834.
The proposed job posting includes the following minimum requirements:
• Juris Doctor (JD) degree from an accredited law school
•Member of the State Bar of Arizona in good standing
• 5 or more years of recent progressive experience as an attorney, judge or hearing officer
• No prior history of removal for cause from a judicial position
In most jurisdictions, a minimum number of years of experience is not explicitly stated for a
magistrate position, but is prescribed by Council. In the cities of Tucson and Phoenix, a
minimum of five years' experience is required for magistrates. Currently, the Town of Marana
requires 5 years of relevant experience for Department Head and senior staff positions.
Staff Recommendation:
Staff recommends approval of the recruitment and selection process and job posting.
Suggested Motion:
I move to adopt Resolution No. 2015 -075, approving a recruitment and selection process and a
job posting for the position of Town Magistrate.
Attachments: Resolution 2015 -075
Exhibit A - Recruitment /Seclection Process
Exhibit B - Job Posting
Marana Special Council Meeting 06/30/2015 Page 112 of 150
MARANA RESOLUTION NO. 2015-075
RELATING TO MUNICIPAL COURT; APPROVING A RECRUITMENT AND SELECTION
PROCESS AND A JOB POSTING, INCLUDING MINIMUM QUALIFICATIONS AND
SALARY RANGE, FOR THE POSITION OF TOWN MAGISTRATE
WHEREAS Marana Town Code Chapter 5 -2 provides that the Town Council shall ap-
point a Town Magistrate as the presiding officer of the municipal court and that the Town Magis-
trate shall be appointed to a two -year term; and
WHEREAS the position of Marana Town Magistrate is currently held by Charles Davies,
who has served with distinction in that position since 2008; however, Judge Davies recently an-
nounced his intent to retire as of July 31, 2015; and
WHEREAS the Town Council desires to recruit and select a highly qualified candidate
for the position of Town Magistrate; and
WHEREAS the Council finds that this resolution is in the best interest of the Town of
Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The recruitment and selection process for the position of Town Magistrate,
as described in Exhibit A attached to and incorporated by this reference in this resolution, and
the job posting for the position, attached to and incorporated by this reference in this resolution
as Exhibit B, are hereby approved.
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 ob-
jectives of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 30 day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -075
Marana Special Council Meeting 06/30/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 113 of 150
Exhibit A to Marana Resolution No. 2015 -075
TOWN OF MARANA
2015 MAGISTRATE RECRUITMENT AND SELECTION PROCESS
(All dates are approximate and subject to change)
1. July 1 — July 22, 2015. Post and advertise the position. Applicants will be required to
complete an application and submit a resume and cover letter that discusses how their
background meets the requirements of the position.
2. July 23 — August 3, 2015. The Human Resources Department completes screening of
application materials for minimum qualifications, provides application materials to the
Town Manager's Office for review, and then forwards application materials for those
candidates meeting minimum qualifications to the Town Council.
3. August 4, 2015. At the regularly - scheduled Town Council meeting, in an executive
session scheduled for this purpose, the Council discusses and considers the candidates
and provides direction to staff concerning development of interview questions. Once the
Council has identified the candidates to be invited for an interview, the Council will
identify those candidates in public session and direct staff to schedule interviews.
4. Mid - August 2015. At either a regularly - scheduled Town Council meeting or a special
Council meeting scheduled for this purpose, the Council will interview Town Magistrate
candidates. Town Council interviews candidates and deliberates on selection in
executive session, selecting a top candidate and alternate(s). In public session, the Town
Council directs staff to conduct reference and background checks and begin contract
negotiations with the top candidate (not identified by name at this time).
5. September 1, 2015. Council approval of Magistrate contract, or direction to staff to
proceed with an alternate candidate if reference and background checks or contract
negotiations are unsuccessful with the first candidate. If the latter is the case, Council
will receive a briefing in executive session prior to providing direction to staff.
6. Mid - September — October 1, 2015. Targeted start date for new Town Magistrate.
100042316.DOC /}
Marana Special Council Meeting 06/30/2015 Page 114 of 150
Exhibit B to Marana Resolution No. 2015 -075
MA RANA, AkkZQ NA
YOUR
TOWN f
ItI,aranarcom
EMPLOYMENT OPPORTUNITY
THE TOWN OF MARANA 15 AN EQUAL OPPORTUNITY EMPLOYER AND A DRUG F -RE E WORKPLACE.
JOB TITLE: Town Magistrate
DEPARTMENT: Marana Municipal Court
SALARY RANGE: $91,382.00 - $141,643.00 (Salary
commensurate with experience)
FLSA STATUS: Exempt (not eligible for overtime)
JOB NUMBER: 168 -FA2
OPENING DATE: July 1, 2015
CLOSING DATE: July 22, 2015
NORMAL WORK HOURS: 8 -5 (M -F)
DESCRIPTION:
Marana is one of Arizona's most desirable places to live,
growing more than 9 percent between the 2010 Census
and 2013. At more than 120 square miles and 40,000
residents, Marana lies approximately 20 minutes northwest
of downtown Tucson and 75 minutes southeast of Phoenix.
Marana incorporated in 1977 and uses the council -
manager form of government. More than 300 professionals
are employed by the Town. The Town of Marana is also
home to the Southwest's largest Ritz - Carlton resort property.
The Town makes its decisions based on a Strategic Plan that
has five focus areas: Commerce, Community, Heritage,
Innovation, and Recreation.
Marana's standards are high, we strive to continue to be an
organization of excellence and have developed four
Cultural Value Statements that provide the guidelines for
how we work together. Our Cultural Value Statements are:
We are dedicated to service excellence -We do what it
takes to make the Town of Marana better -We treat
everyone in our community (both employees and citizens)
like family -We trust and value each other.
POSITION DESCRIPTION:
The Town Magistrate is appointed by the Town Council for a
two -year term to serve as the presiding officer of the
Marana Municipal Court, as specified in Marana Town
Code Chapter 5 -2. The Town Magistrate will ensure the fair
and impartial application of state statutes, Town
ordinances, and case law. This position is also responsible for
managing municipal court operations.
The powers and duties for this position are set forth and
conferred upon the Town Magistrate under the provisions of
the state constitution and statutes, the Marana Town Code
and the ordinances and resolution of the Town.
EXAMPLES OF DUTIES:
• Supervises any assistant town magistrates, judges
pro tempore, magistrate's assistant, court
administrator and other personnel of the Marana
Municipal Court.
• Fixes all bonds, bails and other monies as provided
by law.
• Presides over a variety of proceedings, including
jury trials, bench trials, pre -trial conferences,
sentencing hearings, probation revocation
hearings, and hearings on orders of protection and
injunctions against harassment petitions, and takes
reasonable measures to assure prompt disposition
of cases.
• Supervises and directs the activities of the municipal
court operations by directing staff and overseeing
the court budget.
• Communicates with Town Leadership, court
employees, attorneys, representatives from other
agencies, and the general public to establish and
maintain effective working relationships.
KNOWLEDGE OF:
• Rules of Judicial Conduct
• Arizona Rules of Court
• State statutes, Town ordinances, applicable case
law
• Court procedures and operations
• Practices and acceptable principles of sound
financial and personnel management
ABILITY TO:
• Communicate effectively, verbally and in writing
• Resolve operational and procedural problems
• Maintain a professional demeanor in stressful
situations
• Respond to citizen requests in a courteous and
effective manner
• Make sound and reasonable decisions in
accordance with laws, ordinances, regulations and
established procedures
Marana Special Council Meeting 06/30/2015 Page 115 of 150
Exhibit B to Marana Resolution No. 2015 -075
MA RANA, AkkZQ NA
YOUR
TOWN f
ItI,aranarcom
THE TOWN Of MARANA IS AN EQUAL OPPOIRTU1 171 EMPLOYER AND A DRUG FREE WORKPLACE.
MINIMUM REQUIREMENTS:
• Juris Doctor (JD) degree from an accredited law
school
• Member of the State Bar of Arizona in good
standing
• 5 or more years of recent progressive experience
as an attorney, judge or hearing officer
• No prior history of removal for cause from a
judicial position
PREFERRED REQUIREMENTS:
• Experience managing legal and /or judicial staff as
an attorney, judge or hearing officer
• Experience as an attorney, judge or hearing
officer in criminal or traffic cases in Arizona
RECRUITMENT PROCESS:
If you meet the minimum requirements, submit a
completed Town of Marana application, resume, and
cover letter, by the closing date.
TOWN OF MARANA CONTACT INFORMATION:
1 1555 West Civic Center Drive
Marana, AZ 85653
ph (520) 382 -3499 / fx (520) 382 -3500
www.marana.com
QUESTIONS:
Human Resources Staff Contact
Fanni Acosta / 520 -382 -1934 / facosta @maranaaz.aov
THE TOWN OF MARANA IS AN EQUAL OPPORTUNITY
EMPLOYER. IF YOU REQUIRE A REASONABLE
ACCOMMODATION AT ANY STAGE OF THE
APPLICATION /EXAM PROCESS DUE TO A DISABILITY, PLEASE
CONTACT THE HUMAN RESOURCES DEPARTMENT PRIOR TO
ANY DEADLINES RELATED TO THIS RECRUITMENT PROCESS OR
CLICK ON THE LINK BELOW TO FILL OUT A REASONABLE
ACCOMMODATION REQUEST FORM. PLEASE CONTACT THE
HUMAN RESOURCES DEPARTMENT IF YOU WOULD LIKE THIS
PUBLICATION IN AN ALTERNATIVE FORMAT.
Marana Special Council Meeting 06/30/2015 Page 116 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZONA 8 5 65 3
Item A 4
To: Mayor and Council
From: John Kmiec, Utilities Director
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2015.015 Relating to Utilities; changing the name of the Marana Utilities
Department to the Marana Water Department; and making global conforming revisions to
the Town Code (John Kmiec)
Discussion:
In 2007, with the allocation of the hydropower from Parker -Davis dam, the name of the
department was changed from Marana Water to Marana Utilities.
The current name has caused confusion for customers and those doing business in the water
service area. The term "utilities" has proven to have other meanings to members of our
community. Further, many of our customers and the general public refer to the department as
Marana Water.
To maintain consistency with regional water companies, and to be clear about the services
provided, it is recommended to change the name from the Marana Utilities Department to the
Marana Water Department. This will also change the title of the Utilities Director to Water
Director.
This item also makes global conforming revisions to the Marana Town Code. The term "utilities
department" is replaced with "water department" in 29 places throughout Title 14 (Utilities) and in
one place in Title 16 (Utilities Board). The term "utilities director" is replaced with "water
director" in 12 places throughout Title 14 (Utilities), three places in Title 16 (Utilities Board), and
one place in Title 17 (Land Development Code). In addition, this ordinance revises the defined
terms for "Department" and "Director" in Section 14 -10 -5 (industrial waste ordinance definitions).
This ordinance also includes a provision authorizing the Marana Town Clerk and the Marana
Town Attorney to make other conforming revisions to the Town Code and to Town resolutions
and ordinances.
Marana Special Council Meeting 06/30/2015 Page 117 of 150
Staff Recommendation:
Staff recommends adoption of Ordinance 2015 -015, changing the name of the Marana Utilities
Department to the Marana Water Department, and making conforming changes to the Town Code.
Suggested Motion:
I move to adopt Ordinance 2015 -015, changing the name of the Marana Utilities Department to
the Marana Water Department, and making conforming changes to the Town Code.
Attachments: Ordinance 2015.015
Marana Special Council Meeting 06/30/2015 Page 118 of 150
MARANA ORDINANCE NO. 20159015
RELATING TO UTILITIES; CHANGING THE NAME OF THE MARANA UTILITIES
DEPARTMENT TO THE MARANA WATER DEPARTMENT; AND MAKING GLOBAL
CONFORMING REVISIONS TO THE TOWN CODE
WHEREAS the Town Council finds that changing the name of the Marana Utilities
Department to the Marana Water Department is in the best interests of the Town and its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The name of the Marana Utilities Department is hereby changed to the
Marana Water Department.
SECTION 2. The Marana Town Code is hereby amended to replace all instances of
"utilities department" with "water department."
SECTION 3. The Marana Town Code is hereby amended to replace all instances of
"utilities director" with "water director."
SECTION 4. Marana Town Code Chapter 14 -10 (Industrial wastewater ordinance) is
hereby amended by revising Section 14 -10 -5 (Definitions), paragraphs A. 11 and 12 as follows
(showing added language with double underlining and deleted language with , *r;�T °� „�, )•
11. Department or water department The Marana water department.
12. Director or water director The director of the Marana water
department or the director's designated representative.
SECTION 5. The Town Clerk and the Town Attorney are each given scrivener's error
authorization to make other conforming revisions to the Marana Town Code and to Town
resolutions and ordinances, as necessary to implement this ordinance.
SECTION 6. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 7. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
Marana Ordinance No. 2015.015 - 1 - 6/25/2015 2:22 PM FJC
Marana Special Council Meeting 06/30/2015 Page 119 of 150
SECTION 8. 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 9. This ordinance is administrative, and shall become effective immediately.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 3 0 1h day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2015.015 -2- 6/25/2015 2:22 PM FJC
Marana Special Council Meeting 06/30/2015 Page 120 of 150
9 MAI�A)!
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115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZONA 8 5 65 3
Item A 5
To: Mayor and Council
From: John Kmiec, Utilities Director
Date: June 30, 2015
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Initiative 1: Secure necessary water resources and infrastructure.
Subject: Resolution No. 2015 -076: Relating to Utilities; approving and authorizing the Mayor to
execute an agreement with B.K.W. Farms, Inc. for in lieu water deliveries and storage
(John Kmiec)
Discussion:
The Town of Marana currently holds a contract entitling the Town to delivery of 1528 acre -feet
per year of Municipal and Industrial priority Central Arizona Project (CAP) water, and is seeking
access to additional CAP water supplies. The Town utilizes CAP water through underground
water storage and recovery wells.
Under state law, underground water storage can occur at Underground Storage Facilities (USFs)
and Groundwater Savings Facilities (GSFs). Storage at a USF involves the direct recharge of
CAP water to the aquifer. At a GSF, storage occurs where CAP water is used (e.g. for
agriculture), in -lieu of groundwater, replacing water that would otherwise be pumped from the
aquifer.
Currently, the Town is storing its CAP water at the Lower Santa Cruz Replenishment Project, a
USF with a $15 per acre -foot annual operations and maintenance charge. As proposed in the
subject agreement, storage at the BKW Farms GSF would benefit the Town both in avoiding the
facility O &M charges and through the $12 per acre -foot incentive that BKW will pay the Town,
for a total savings of $27 per acre -foot.
Financial Impact:
Marana Special Council Meeting 06/30/2015 Page 121 of 150
Fiscal Year: 2016 -2021
Budgeted Y /N: N
Amount: $
Savings will be acquired in the Water Resources fund and can be re- programmed to obtained
other additional resources.
Staff Recommendation:
Staff recommends approving the agreement between the Town of Marana Utilities and BKW
Farms, Inc. for in -lieu water deliveries and storage.
Suggested Motion:
I move to adopt Resolution 2015 -076, authorizing the Mayor to execute an agreement with BKW
Farms, Inc. for in -lieu water deliveries and storage.
Attachments: Resolution 2015 -076
Exhibit BKW GSF Agt
Marana Special Council Meeting 06/30/2015 Page 122 of 150
MARANA RESOLUTION NO. 2015-076
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH B.K.W. FARMS, INC. FOR IN LIEU WATER
DELIVERIES AND STORAGE
WHEREAS B.K.W. Farms, Inc. ( "BKW ") possesses a Groundwater Savings Facility
Permit from the Arizona Department of Water Resources authorizing the storage of 14,351 acre
feet per year of Central Arizona Project ( "CAP ") water; and
WHEREAS the Town has a contract with the Central Arizona Water Conservation
District (CAWCD) for the purchase of CAP water; and
WHEREAS the Town desires to maximize the use of its CAP water to reduce or offset
the Town's use of groundwater within the Tucson Active Management Area; and
WHEREAS the proposed agreement with BKW for in lieu water deliveries and storage
would allow the Town to receive in -lieu credit for CAP water delivered to BKW at its
Groundwater Savings Facility, and allows BKW to use CAP water for its irrigation needs in
order to reduce its groundwater use, in accordance with its Groundwater Savings Facility Permit;
and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the agreement with B.K.W. Farms, Inc. for in lieu water deliveries
and storage in substantially the form 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 30th day of June, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00042323.DOCX /}
Marana Resolution No. 2015 -076
Marana Special Council Meeting 06/30/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
6/25/2015 11:52 AM FJC
Page 123 of 150
AGREEMENT BETWEEN THE TOWN OF MARANA
AND B.K.W. FARMS, INC.
FOR IN -LIEU WATER DELIVERIES AND STORAGE
THIS AGREEMENT is made by and between the TOWN OF MARANA (the "Town "), an
Arizona municipal corporation, and B.K.W. FARMS, INC. ( "BKW "), an Arizona corporation, for
the delivery and storage of In -Lieu Water at a Groundwater Savings Project pursuant to A.R.S.
§ 45- 812.01 et seq
Recitals
A. BKW possesses a Groundwater Savings Facility Permit from the Arizona Department of
Water Resources authorizing the storage of 14,351 acre feet per year of Central Arizona
Project ( "CAP ") water.
B. The Town is a party to a contract with the Central Arizona Water Conservation District
(CAWCD) enabling it to purchase CAP water.
C. The Town desires to maximize the use of its CAP water to reduce or offset the Town's use of
groundwater within the Tucson Active Management Area.
D. The Town desires to deliver CAP water to BKW at its Groundwater Savings Facility for
which the Town shall acquire a Water Storage Permit.
E. BKW desires to use CAP water for its irrigation needs in order to reduce its groundwater use,
in accordance with its Groundwater Savings Facility Permit.
F. BKW desires to purchase CAP water from the Town and the Town desires to sell BKW such
CAP water under the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, for and in consideration of, the mutual covenants set forth in this
Agreement, the Town and BKW agree as follows:
1. Definitions. The following terms have the following meanings for purposes of this
Agreement:
"ADWR" shall mean the Arizona Department of Water Resources.
"CAP water" shall mean the Central Arizona Project water that the Town has the legal right
to purchase and use.
"CAWCD" shall mean the Central Arizona Water Conservation District.
"Delivery" or "Delivered" shall mean CAP water purchased by the Town, made available in
the CAWCD canal at the designated point specified by BKW and received by BKW.
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"Facility Permit" shall mean Permit No. 72- 538133.0005 (or the active Permit Number
subsequent to modification) issued by ADWR to BKW to operate a groundwater
savings facility pursuant to A.R.S. § 45- 801.01 ems
"Groundwater Savings Facility" shall mean a groundwater savings facility pursuant to A.R.S.
§ 45- 812.01, for which a Facility Permit has been issued.
"In -Lieu Water" shall mean CAP water as defined in A.R.S. § 45- 802.01(9), purchased by
the Town for Delivery to BKW under this Agreement.
"Pumped Groundwater" shall mean water withdrawn from any of the wells listed in the plan
of operation incorporated in the Facility Permit and designated by the ADWR as
pumping groundwater for the purpose of Title 45 of A.R.S., Chapter 3.1.
"Recovery Well Permit" shall mean Permit No. 74- 211278, issued by ADWR to the Town
for recovery of water stored in a storage facility, pursuant to a storage permit.
"Water Storage Permit" shall mean the permit issued by ADWR to the Town for storage of
In -Lieu Water at the Groundwater Savings Facility pursuant to A.R.S. § 45- 801.01,
ems
"Long -Term Storage Credits" shall mean those credits accrued by the Town's Account LTS
#70- 411220 from In -Lieu Water stored pursuant to this Agreement, as determined by
the requirements of A.R.S. § 45- 852.01.
2. Obligations of BKW
2.1. Purpose of Use BKW shall use the In -Lieu Water Delivered under this Agreement for
agricultural irrigation, to replace, on a gallon- for - gallon basis, pumped groundwater within the
area designated on the Facility Permit.
2.2. Quantity of In -Lieu Water Pursuant to applicable Facility and Water Storage Permits
issued by the ADWR, BKW shall request that the Town order a minimum of 500 acre feet of In-
Lieu Water from the Town's CAP water during the term of this Agreement, provided, however
that if BKW desires to order additional of CAP water, the Town may do so upon the mutual
agreement of the Town and BKW. BKW shall take Delivery of any and all In -Lieu Water
ordered by the Town on BKW's behalf.
2.3. Notice of Order
2.3.1. Annual On or before July 15 of each year, BKW shall submit a preliminary order
to the Town for In -Lieu Water for the following year. The order shall indicate, by month, the
number of acre -feet of In -Lieu Water requested by BKW to be Delivered for the ensuing 12-
month period.
2.3.2. Town Recharu�e Quantification On or before September 1 of each year, the Town
shall notify BKW, in writing, of the amount of In -Lieu Water the Town has elected to
purchase for delivery to BKW in the following calendar year. Concurrently with its order, the
Town shall notify BKW whether it has elected to have CAP water delivered pursuant to its
contract with CAWCD.
2.4. Monthly Meter Reading All water Delivered from the water supply system shall be
measured with equipment furnished and installed by BKW and operated and maintained by
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Marana Special Council Meeting 06/30/2015 Page 125 of 150
BKW in accordance with ADWR standards and requirements. The results of such measurement
shall be subject to monitoring and verification, in cooperation with BKW, from time to time by
the Town.
2.5. Points of Delivery BKW shall take Delivery of the In -Lieu Water at such points along
the CAP canal as may be agreed upon in writing by CAWCD and BKW.
2.6. Water Quality Standard BKW shall be responsible for meeting all applicable federal,
state, or local water quality standards for its use of the In -Lieu Water and for reasons beyond
BKW's control may decline to take Delivery of any In -Lieu Water BKW determines to be
unsuitable for irrigation use under said standards. In -Lieu Water determined to be unsuitable for
irrigation shall be included in calculating BKW's compliance with the minimum order
requirement of Section 2.2 of this Agreement, but shall not be subject to the payment obligation
of Sections 2.7 and 3.5 of this Agreement, except to the extent BKW takes Delivery of the In-
Lieu Water.
2.7. In -Lieu Water Charge Per Acre -Foot BKW shall pay the Town $12.00 per acre -foot for
In -Lieu Water Delivered from the Town's CAP water. If BKW fails to accept Delivery of In-
Lieu Water ordered from CAWCD by or on BKW's behalf in accordance with Sections 2.3.1
and 3.3 of this Agreement, BKW shall nonetheless pay the Town the actual cost of such ordered
but not Delivered In -Lieu Water, except as provided by Sections 2.6 (except to the extent BKW
takes Delivery of the In -Lieu Water), 2. 10, and 2.11 of this Agreement.
2.8. Deliveryystems and Other Costs BKW shall be responsible for the design,
construction and costs of any necessary delivery systems required to be constructed on property
owned or controlled by BKW to accept Delivery of In -Lieu Water under the terms of this
Agreement. BKW shall be solely responsible for any costs arising out of the use of the In -Lieu
Water, the operation or maintenance of the delivery systems described in this paragraph or the
construction, operation and maintenance of any treatment system or other delivery system.
Nothing herein shall be construed as requiring BKW to construct, replace, operate or maintain
any delivery system or portion thereof.
2.9. Maintain of Records; Reporting BKW shall maintain all records and accounts of
deliveries, storage and uses of the In -Lieu Water under this Agreement. BKW shall provide the
Town, annually, all records, accounts, reports, and plans necessary for the Town to file any
reports or other documentation required under the terms of its Water Storage Permit. BKW shall
file all reports and documentation required under the Facility Permit. Copies of all such records,
accounts, reports, plans or other documents shall be made available to the Town.
2.10. Ineligible In -Lieu Water Instead of the fee set forth in Section 2.7 of this Agreement, if
ADWR determines that any In -Lieu Water Delivered was not used on a gallon- for - gallon basis
in -lieu of groundwater under A.R.S. § 45- 852.01(C)(2), BKW shall reimburse the Town $12.00
an acre foot for such In -Lieu Water from the Town's CAP water if such determination is based
on ADWR's finding that the In -Lieu Water does not qualify as "water that cannot reasonably be
used directly" under A.R.S. § 45- 801.01(21)(b) or does not qualify for some other reason beyond
BKW's control. If the Town fails to receive Long -Term Storage Credits due to reasons within
BKW's control; BKW shall pay the Town the Town's actual cost for such ineligible Delivered
In -Lieu Water.
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2.11. InternMtibility of In -Lieu Water Deliveries; Curtailments BKW acknowledges the
interruptible nature of the In -Lieu Water supply to be furnished under this Agreement. The Town
shall not be liable for any damages to BKW resulting from curtailment, interruptions,
discontinuances or reductions in supply or undeliverable water that are beyond the control of the
Town. In -Lieu Water deliveries curtailed, interrupted, discontinued or reduced by someone other
than BKW shall still count toward BKW's obligation to order under Section 2.2 of this
Agreement, and BKW shall only be obligated to pay the fees set forth in Section 2.7 of this
Agreement for the amount of the actual In -Lieu Water Delivered due to the curtailment,
interruption, discontinuance or reduction.
2.12. Interference with Contract Nothing herein shall preclude BKW from entering into
agreements to accept water and /or effluent for storage by others; provided, however, any such
agreement executed after the effective date of this Agreement shall not adversely affect the
Town's rights under this Agreement or cause BKW to otherwise act in any manner that is
inconsistent with this Agreement or BKW's obligations under this Agreement.
3. Obligations of the Town
3.1. Water Storage Permit The Town shall be responsible for maintaining a Water Storage
Permit before any In -Lieu Water is Delivered to the Groundwater Savings Facility.
3.2. In -Lieu Water Order By October 1 of each year, the Town shall order from CAWCD
the In -Lieu Water the Town has elected to purchase pursuant to Section 2.3.2 for delivery to
BKW the next year.
3.3. Delivery of In -Lieu Water During the term of this Agreement, the Town shall order and
arrange for the Delivery of a minimum of 500 acre -feet of In -Lieu Water to be Delivered through
the CAP aqueduct to BKW. The Town shall provide assistance reasonably required to achieve
Delivery of any ordered In -Lieu Water to BKW. By mutual agreement, the parties may agree to
the Delivery of additional amounts of In -Lieu Water under the terms and conditions herein.
3.4. Quality of In -Lieu Water The Town makes no representations or warranties as to the
quality of any In -Lieu Water Delivered hereunder and is under no obligation to construct or
furnish water treatment facilities to maintain or improve the quality of any In -Lieu Water
Delivered pursuant to this Agreement.
3.5. Billin . Upon receipt of a monthly statement from CAWCD indicating the amount of In-
Lieu Water billed to the Town, the Town shall issue a bill to BKW monthly for the In -Lieu
Water to be Delivered under this Agreement. The bill will be for the actual amount of In -Lieu
Water for which the Town has been billed by CAWCD. The amount billed shall be paid within
45 days from the date of the bill. Late payments shall incur interest at the rate of (a) 12% per
annum from and after the date of delinquency of any such payment, or (b) 4% over Bank of
America — Arizona's then applicable prime interest rate, whichever is lower.
3.6. Accounting Within 30 days of the Town's receipt of its long -term storage account report
from ADWR reflecting the In -Lieu Water stored pursuant to this Agreement, the Town shall
prepare an accounting of all In -Lieu Water ordered and Delivered to and all payments for In-
Lieu Water paid by BKW under Section 3.5 of this Agreement, adjusted as appropriate pursuant
to Sections 2.6, 2. 10, and 2.11 of this Agreement. BKW shall pay the Town within 10 days of
receipt of said accounting any amounts due pursuant to this Agreement. The Town shall refund
any overpayments made by BKW.
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3.7. Accrual of Credits Pursuant to its Water Storage Permit, the Town shall recover credits
annually pursuant to its Recovery Well Permit or accrue Long -Term Storage Credits in its
storage account LTS #70- 411220 for the In -Lieu Water Delivered to BKW and may use them at
its sole discretion. If BKW enters into agreements with other persons to store In -Lieu Water at
the same Groundwater Savings Facility, the In -Lieu Water Delivered pursuant to this Agreement
shall be deemed to have been Delivered and stored in the same order of priority and sequence as
the execution of this Agreement as compared to any other agreements or amendments thereof
entered into by BKW and other third parties.
3.8. Recovery of Credits The Town may recover its Long -Term Storage Credits from any
location and at any time as may be permitted by ADWR; provided, however, that such credits
shall not be recovered from any lands controlled by BKW without the approval of BKW, and
under such terms and conditions as may be mutually agreed to hereafter.
3.9. No Interference with BKW Nothing in this Agreement shall be construed to require
BKW to construct or replace any facility to take, deliver or recharge In -Lieu Water under this
Agreement or to construct, replace, or operate any well or water related facility to recover water
stored at the Groundwater Savings Facility. Nothing in this Agreement shall be construed as
BKW's consent to the establishment of any recovery well or any recovery activity underlying
BKW's Groundwater Savings Facility. Notwithstanding the foregoing, BKW shall be obligated
to pay any costs incurred by the Town for In -Lieu Water as a result of BKW's failure to take
Delivery of such In -Lieu Water due to BKW's decision not to construct or replace any facility
necessary to take Delivery of such In -Lieu Water.
4. Term and Termination
4.1. Term This Agreement shall become effective on the last party's signature date and shall
be operative up to and including December 31, 2020, unless terminated sooner as provided by
this Agreement.
4.2. The Town's Termination Right The Town may terminate this Agreement without
further obligation or consequence upon written notice to BKW if any of the following occurs:
4.2.1. The Town cannot secure In -Lieu Water, or
4.2.2. The Town is no longer eligible to obtain Long -Term Storage Credits, or
4.2.3. The Town determines that the In -Lieu Water Charge Per Acre -Foot payable by
BKW pursuant to this Agreement (Section 2.7) does not match the market price based on the
charge per acre -foot paid by other in -lieu water providers, or
4.2.4. The Town is for any reason regularly or routinely not receiving gallon- for - gallon
credits for In -Lieu Water, whether the cause is within BKW's control or not; or
4.2.5. The Town determines that this Agreement is impracticable or not feasible due to
regulatory or financial reasons, including but not limited to changes in ADWR's current
calculation of the accrual of Long -Term Storage Credits for groundwater savings facilities.
4.3. BKW's Termination Right Provided that BKW pays the Town for all costs incurred by
the Town for the In -Lieu Water ordered under Sections 2.3.1 and 3.3 of this Agreement but not
Delivered, BKW may terminate this Agreement without further obligation or consequence upon
written notice to the Town if BKW is unable to utilize In -Lieu Water due to any of the following:
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4.3. 1. BKW determines that the In -Lieu Water Charge Per Acre -Foot payable by BKW
pursuant to this Agreement (Section 2.7) does not match the market price based on the charge
per acre -foot paid by other in -lieu water providers, or
4.3.2. The Town is for any reason regularly or routinely not receiving gallon- for - gallon
credits for In -Lieu Water, whether the cause is within BKW's control or not; or
4.3.3. Regulatory changes, or
4.3.4. Unsuitability of water for irrigation, or
4.3.5. Weather conditions, or
4.3.6. Acts of nature or God, or
4.3.7. Flooding, or
4.3.8. Crop failure, or
4.3.9. Other natural disaster.
4.4. Insolvency or Bankruptcy Notwithstanding any of the above, this Agreement shall
automatically terminate if BKW becomes insolvent or initiates bankruptcy proceedings, loses its
Facility Permit, or fails to meet its operating or Groundwater Savings Facility plan of operation.
5. Assignment
5.1. Assignment by the Town The Town may assign all or a portion of its obligations and
rights under this Agreement to any successors or assigns without prior written consent of BKW,
provided that each such successor in interest or assignee is bound by each and every term and
condition of this Agreement applicable to the Town.
5.2. Assignment of Long -Term Storage Credits The Town, in its sole discretion, may assign
its Long -Term Storage Credits without prior consent of BKW; provided, however, that the Town
shall not assign credits for recovery of stored water underlying the exterior boundaries of the
BKW's Groundwater Savings Facility without the written consent of BKW and upon terms and
conditions acceptable to BKW.
5.3. Assignment by BKW BKW may not assign all or a portion of its rights and obligations
under this Agreement to any successors or assigns without the prior written consent of the Town
and the Town shall not unreasonably withhold its consent. Further, BKW shall not sell or
transfer the In -Lieu Water Delivered under this Agreement to others or allow the use by others of
the In -Lieu Water outside the areas included in the Facility Permit without prior written consent
of the Town. BKW may sell, transfer or allow others to use the In -Lieu Water within the area
included in the Facility Permit.
6. Indemnification
6.1. BKW shall hold the United States, CAWCD, and the Town harmless from any damage
or claim of damage of any nature whatsoever for which there is legal responsibility, including
property damage, personal injury, or death arising out of or connected with BKW's control,
carriage, handling, use, disposal, or distribution of In -Lieu Water Delivered pursuant to this
Agreement. Nothing in this Agreement shall make BKW responsible for or require BKW to
indemnify anyone, including the Town, for any degradation of the aquifer associated with use of
In -Lieu Water instead of Pumped Groundwater.
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6.2. The Town shall hold BKW harmless from any damage or claim of damage of any nature
whatsoever for which there is legal responsibility, including property damage, personal injury, or
death arising out of or connected with the Town's control, carriage, handling, use, disposal, or
distribution of In -Lieu Water Delivered pursuant to this Agreement. Nothing in this Agreement
shall make the Town responsible for or require the Town to indemnify others, including BKW,
for any degradation of the aquifer associated with the use of In -Lieu Water instead of Pumped
Groundwater.
6.3. The Town and BKW shall work together to mitigate any costs incurred by either party
for any In -Lieu Water ordered, but not Delivered due to the conditions set forth in Sections 2.6,
2. 10, or 2.11.
7. Miscellaneous
7.1. Notices. Any notice, demand or request authorized or required by this Agreement shall
be deemed to have been given when mailed, postage prepaid, or delivered as follows:
If to the Town: Water Department Director
Town of Marana
5100 W. Ina Road
Marana, AZ 85743
If to BKW: BKW Farms, Inc.
P.O. Box 638
Marana, Arizona 85653 -0638
7.2. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38 -511,
which provides for cancelation of contracts in certain instances involving conflicts of interest.
7.3. Governing Law. This Agreement and the rights, duties and obligations of the parties
hereto shall be governed and construed in accordance with the substantive laws of the State of
Arizona. The characterization hereunder, or by the Director of ADWR, of Pumped Groundwater
as groundwater is not binding for any other purpose and is not intended for use and shall not be
used as evidence of the validity, invalidity, nature, legal character, extent or relative priority of
any water right or source of water in any administrative or judicial proceeding except one arising
directly from the Director's determination pursuant to Chapter 3. 1, Title 45, Arizona Revised
Statutes, regarding whether In -Lieu Water Delivered pursuant to this Agreement was Delivered
on a gallon- for - gallon substitute basis in lieu of groundwater that otherwise would have been
pumped by recipient BKW from the Tucson Active Management Area.
7.4. Modifications. This Agreement shall only be amended or modified upon the written
agreement of the parties; provided, however, that if there are changes in ADWR's current
calculation of the accrual of Long -Term Storage Credits at groundwater savings facilities, the
parties shall renegotiate the charge for In -Lieu Water payable under this Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
The "Town":
TOWN OF MARANA, an Arizona municipal
corporation
"B KW" :
B.K.W. FARMS, INC., an Arizona corporation
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Brian K. Wong, President
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9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: John Kmiec, Utilities Director
Date: June 30, 2015
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Initiative 1: Secure all necessary water resources and infrastructure.
Item D I
Subject: Relating to Utilities; Update on the Town of Marana's Water resources with discussion
and possible action regarding potential water resource opportunities with Avra Water
Co -op (John Kmiec)
Discussion:
The Town of Marana Utilities Department has a current Central Arizona Project (CAP)
subcontract allocation of 1528 acre -feet per year. The CAP water and the Town's newly acquired
effluent resources are the primary renewable water supply assets currently owned by the Town's
water department. As the Town continues to grow, new renewable water supplies to ensure an
assured water supply designation is necessary. In 2014, the reported water use by the Town's
water department was 2253 acre -feet.
Avra Water Co -op, located in Avra Valley just south of Town of Marana, has a current CAP
subcontract allocation of 808 acre -feet. Avra Water Co -op does not have a designation of assured
water supply with the Arizona Department of Water Resources. As such, Avra Water is
considering relinquishing its CAP allocation.
The Town, being an adjacent community to the Avra Water service area, may be well positioned
to request any reallocation of the Avra Water CAP subcontract. This reallocation, if pursued and
successful, would assist the Town in meeting future water demands.
This presentation is provided as an informational update to the council on the potential
opportunity for the acquisition of renewable water supplies.
Marana Special Council Meeting 06/30/2015 Page 132 of 150
Staff Recommendation:
Staff recommends continued discussions between the Marana Utilities staff and representatives of
Avra Water Co -op on the potential relinquishment and reallocation of Avra Water's current CAP
entitlement.
Suggested Motion:
I move to allow staff from Marana Utilities to continue discussions with Avra Water Co -op
officials on the future of their CAP allocation.
Attachments:
No file (s) attached.
Marana Special Council Meeting 06/30/2015 Page 133 of 150
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65 3
To: Mayor and Council
Submitted For: Erik Montague, Finance Director
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item D 2
Subject: Relating to Administration; report to the Town Council pursuant to Marana Town
Code Section 3 -4 -4 regarding an emergency purchase (Erik Montague)
Discussion:
Town Code section 3-4-4 provides that in case of an emergency which requires immediate
purchase of supplies or services and when time is of the essence, a full report of the circumstances
of the emergency and the goods or services obtained be made to Town Council at the next regular
meeting. Please find the report attached to this item.
Financial Impact:
Fiscal Year: 2016
Budgeted Y/N: Y
Amount: $101
The costs of this item can be absorbed within the adopted 2016 budget.
Staff Recommendation:
Staff report only.
Suggested Motion:
Staff report only.
Marana Special Council Meeting 06/30/2015 Page 134 of 150
Attachments: Report to Council
Marana Special Council Meeting 06/30/2015 Page 135 of 150
MARANA
=/ I \
FINANCE
DEPARTMENT
REPORT TO TOWN MAYOR AND COUNCIL
DATE: June 25, 2015
TO: Mayor and Council
FROM: Erik Montague, Finance Director
THROUGH: Gilbert Davidson, Town Manager and Jamsheed Mehta, Deputy Town Manager
SUBJECT: Report to Council for the emergency procurement of soil stabilization and repair work
in the Pines housing development along portions of North Mountain Stone Pine Way.
The purpose of this report is to provide information and to report on an expenditure made in
adherence to Town Code 3 -4 -4 Emergency Purchases. Emergency procurement of soil stabilization
and repair work was determined to be necessary as the current condition places citizens and property
at risk of injury or damage. Town Code requires that a "full report of the circumstances of the
emergency and the goods or services obtained shall be made to the town council at its next regular
meeting". The following provides information surrounding the emergency procurement.
Background
In late fall 2014, Public Works staff became aware of collapsing or lifting driveways, curbs and asphalt
in the Pines development along portions of North Mountain Stone Pine Way. Based upon staff
review of site preparation documents, it was determined that a significant pit with an increasing
depth of up to approximately 25 feet deep existed on the site which was filled in with soils as part of
the site preparation work for the housing development. However, compacted, engineered soils
appear to not have been utilized to fill all sections of this pit. A review of the soils evaluation report
from Terracon indicated that these deep fill soils were used to support the front concrete drive ways,
sidewalks, curb/ gutters and asphalt roadway of approximately eight residences along a section of
North Mountain Stone Pine Way. An illustrative map is included as Exhibit 1.
As a result of inadequate fill soils and compaction, significant settling and compaction of the fill soils
within portions of this pit are occurring which, in some cases, is causing significant collapsing,
shifting or lifting of concrete slabs, sidewalks, curb/ gutter and asphalt along portions of North
Mountain Stone Pine Way. Significant periods of precipitation appear to expedite the rate of settling
and compaction of soils within the impacted area. As significant shifts in soil have occurred and as
the summer monsoons are quickly approaching which will potentially worsen the situation with
increased precipitation, the Public Works department recommended that an emergency procurement
occur so that the required stabilization and repair work can occur as quickly as possible.
Recommended Treatment
The recommended treatment for the fill soils within this pit is to first stabilize the soil by utilizing a
filling, structural urethane in a grid pattern from a depth of 25 feet up to within approximately 4 -5
feet of the surface. Once the soils have been stabilized, a second phase of the treatment utilizing an
Marana Special Council Meeting 06/30/2015 Page 136 of 150
Page 1 of 8
expanding, structural urethane will be used to lift driveways, curbs and asphalt, as required. The
Public Works department utilized similar techniques along a section Blue Crossing Way in the
Continental Ranch development with positive results. A copy of the stabilization and repair proposal
is attached to this report as Exhibit 2.
Financial Impact
Estimated costs within the public right of way are approximately $101,890. Adequate budget capacity
exists within the adopted 2016 budget to absorb these costs.
Fvahiatinn
Public Works staff reviewed cost estimates and determined the approach, techniques and costs are
reasonable and appropriate. Additionally, the stabilization and repair work will also significantly
reduce the risk of additional damage to property and risk of personal injury within the development.
Marana Special Council Meeting 06/30/2015 Page 137 of 150
Page 2 of 8
EXHIBIT 1
Marana Special Council Meeting 06/30/2015
Page 138 of 150
Page 3 of 8
Pines Lots 1
-2 & 70 -74 & 76 - 77
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Scale: 1:4,000
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site and is for general
This map is a user generated static
output from an Internet mapping
reference only. Data layers that appear
otherwise reliable. THIS MAP IS NOT
on this map may or may
TO BE USED FOR NAVIGATION.
not be accurate, current, or
Marana Special Council Meeting 06/30/2015
Page 138 of 150
Page 3 of 8
EXHIBIT 2
Reliable Structures Znc
PO Box 21202, Mesa, AZ 85277 * phone 480 529 4800 * fax 866 529 4704
greg.walliman@reliablestructuresinc.com * www.reliablestructuresinc.com
June 20, 2015 — Rev 2
This proposal is hereby submitted to:
Mr. Morris J. Reyna, Engineering Dept.
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
Richmond American Homes
3091 VVest Ina Road
Tucson, AZ 85741
For soils structural repairs at:
Eight Residences
North Mountain Stone Pine VVay
Marana, AZ 85743
Reliable Structures and the individuals or entities designated as Owner(s) or Agent(s) above enter into
this agreement as follows:
Reliable Structures will provide all labor, materials, VVorkers' Compensation Insurance, Liability Insurance
and supervision to perform the following:
SITUATION
The referenced eight residences require soils structural repair. Based on information provided by Mr.
Reyna, Mr. Rich of Richmond American, the Terracon soils evaluation report and the Reliable inspection
conducted on April 3, 2015, there are deep fill soils (approx 15' to 25') supporting the front concrete
driveways, front yards /walkways, sidewalks, curb /gutters and asphalt roadway that have experienced soils
collapse and caused varying degrees of pavement settlement at the following eight addresses; 8430, 8436
8442 8443 8448 8449 8460 and 8464 North Mountain Stone Pine VVay. This condition is likely a result of
inadequate compaction of the deep fill soils during original construction and /or subsequent water infiltration
into those deep soils.
The Town (ROVV) and Builder (Private) are requesting a repair plan and cost estimate to strengthen and
stabilize the deep soils with expanding, structural urethane at the eight areas between the front face of the
residences and the center of the street, using the back of the sidewalk as the dividing line between private
and public ownership. In addition, a repair plan and cost estimate is also requested for the lifting of the
settled sections of driveway, sidewalk and curb /gutter, again using the same back -of- sidewalk dividing line.
The Town and Builder indicate that the potential collapse conditions within the deep soils behind the front
face of some of the six residences on the east side of the street were resolved prior to home construction by
15' over - excavation and replacement backfill /compaction with engineered fill.
SCOPE OF WORK
Once the underground utilities within the work zone have been located and marked and the homeowners
have removed their vehicles from the driveways and the street, the urethane deep injection grid pattern (4'
to 4.5' staggered, horizontal centers) will be laid out and marked, %" dia injection pipe pathway holes will be
drilled through the driveway, walkway, sidewalk, curb /gutter and street pavements and %" dia pre - drilled
injection pipes will be inserted and driven /advanced to depths of between 13' and 20', depending upon each
area's location relative to the fill depth contour information contained in the Terracon borings maps.
Approximately 960 total injection pipes will be required to treat the eight areas.
Then, water and water- reactive expanding, structural urethane (Spetec H -40 or equivalent) will be
incrementally injected through each pipe until back - pressure refusal is achieved which will indicate that a
Penvanent Engineered Solutions for Unstable Foundations, Broken Concrete and Leaky Structures
Page 1 of 5 AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 139 of 150
Page 4 of 8
compaction and/or permeation grout column has been established within the soils mass at each injection
pipe thereby strengthening, densifying and stabilizing the deep soils. The concrete and asphalt pavements
will not be lifted during the deep stabilization process.
After the deep injections are completed, the injection pipes running through the pavement areas will be
cut flush with the pavement surface and the remaining holes will be patched with a non - shrink cementitious
grout to help hide the holes for cosmetic purposes. The injection pipes in the landscaped areas will be cut
below the surface and the remaining ends will be covered with soils and /or landscape gravel.
Once the deep soils are stabilized, the joints within the area of the settled sections of driveway pavement
and the settled sections of sidewalk and curb /gutter pavement at the 8430, 8443 8448 and 8449 addresses
will be cut to free them up and the slabs will be drilled as needed (5/8" dia holes) and lifted with expanding,
structural urethane (SWD Urethane 232 -4 or equivalent) back to their proper, on -grade elevations. To
properly control the lift progress the driveways and adjoining sidewalks must be lifted together as one
operation.
Following the lift operation, the injection holes will be patched with non - shrink grout to help hide the holes
for cosmetic purposes.
Scope of Work Notes and Conditions
A. It is not expected that local jurisdictional agency(s), including the HOA will require the deep soils
stabilization or slab lifting repair work be permitted, therefore costs for preparing engineering
drawings and /or for obtaining, managing and closing out a permit are not included in this proposal.
If it is determined a permit is required, then the related agreement cost and timeline impacts will be
determined and adjusted at that time.
B. The work will be accomplished between the hours of 6:00 AM to 6 :00 PM, Monday through Sunday,
holidays excepted. The work areas will be safety barricaded and construction debris will be cleared
at the end of each work period.
C. A rental restroom will be placed and maintained on site for Reliable crew use.
D. Reliable will locate and mark all existing sub -grade utility systems within the work zone that can be
found with conventional location technology and Reliable shall be liable for any located utility
damage that is caused by their work. However, Reliable has no responsibility for damage that they
cause to any unknown sub -grade utility system or for additional damage to utility or structural
systems that were weakened or compromised as a result of the soils collapse conditions.
ESTIMATED COST & SCHEDULE
For repair area breakdown and pricing, please see Exhibit A, enclosed
The project duration for all of the listed work is estimated at sixteen working days on site.
Note: the pricing listed in Exhibit A is based on performing the deep soils repair work and the
pavement lifting work at the eight residences under one mobilization at Reliable's discretion.
Note: the pricing for urethane deep stabilization is approximately $0.70 per square foot per foot
depth.
Thank you for your interest in Reliable Structures and for the opportunity to submit a plan /proposal on
this deep soils and pavement lifting structural repair program. We would be glad to meet with you in person
or on the phone to discuss these items in greater detail. Please let us know if you have any questions. We
look forward to providing superior service and excellent results.
Sincerely,
Greg G. Walliman
Project Manager
Penvanent Engineered Solutions for Unstable Foundations, Broken Concrete and Leaky Structures
Page 2 of 5 AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 140 of 150
Page 5 of 8
i0Ill-01tw i
Page 3 of 5 AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 141 of 150
Page 6 of 8
approx
fill
Private
ROW
Scope of Work *
lot #
address
depth ft
area (ft2)
price
price $
deep stabilize driveway & front yard
2
8464
15.00
1,040
10120
-
deep stabilize sidewalk, c/g & street
2
8464
15.00
988
-
9,680
deep stabilize driveway & front yard
1
8460
17.00
1160
11,770
-
deep stabilize sidewalk, c/g & street
1
8460
17.00
1102
-
11,230
deep stabilize driveway & front yard
73
8448
25.00
1,408
17,080
-
deep stabilize sidewalk, c/g & street
73
8448
23.00
1,216
-
14,900
lift settled section of driveway
73
8448
-
-
2,060
-
lift settled section of sidewalk & c/g
73
8448
-
-
-
2
deep stabilize driveway & front yard
72
8442
20.00
1,298
14,710
-
deep stabilize sidewalk, c/g & street
72
8442
20.00
1121
-
12,860
deep stabilize driveway & front yard
71
8436
17.00
1,232
12,960
-
deep stabilize sidewalk, c/g & street
71
8436
18.00
1,064
-
10
deep stabilize driveway & front yard
70
8430
13.00
1,232
11,770
-
deep stabilize sidewalk, c/g & street
70
8430
13.00
1,064
-
10,710
lift settled section of driveway
70
8430
-
-
1, 930
-
lift settled section of sidewalk & c/g
70
8430
-
-
-
2
deep stabilize driveway & front yard
77
8443
15.00
1,232
11,980
-
deep stabilize sidewalk, c/g & street
77
8443
15.00
1,064
-
10,880
lift settled section of driveway
77
8443
-
-
1, 930
-
lift settled section of sidewalk & c/g
77
8443
-
-
-
2
deep stabilize driveway & front yard
76
8449
15.00
1,232
11,980
-
deep stabilize sidewalk, c/g & street
76
8449
15.00
1,064
-
10,880
lift settled section of driveway
76
8449
-
-
1, 930
-
lift settled section of sidewalk & c/g
76
8449
-
-
-
Permanent Encineered Solutions
for Unstable Foundations. Broken Concrete and Leakv
Structures
Page 3 of 5 AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 141 of 150
Page 6 of 8
2, 440.00
-- - - - - -- -- - - - - --
-------- -- - - - - --
* = driveway & front yard measured from back of sidewalk to front face of residence
= sidewalk, c/q & street measured from back of sidewalk to center of street
$ Totals 110,220 101
Penvanent Engineered Solutions for Unstable Foundations, Broken Concrete and Leaky Structures
Page 4 of 5 AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 142 of 150
Page 7 of 8
RELIABLE STRUCTURES INC.
Agreement Terms
1 /CHANGES: Changes to the scope of work will be performed only with a written change order signed on
behalf of the Agent and Reliable.
21 PAYMENT TERMS: Fifty percent (50 %) of the total Agreement amount is due at the Agreement signing.
The fifty percent (50 %) balance is due within seven calendar days after project completion. Finance
charges at a rate of 3% monthly will accrue on delinquent balances.
31 DEEP SOILS REPAIR LIMITED WARRANTY: The deep soils stabilization and pavement lifting
structural ureth ane repai r work is warranted on the basis of materials and workmansh ip for a pe riod of ten
(10) years from the date of completion of the Work. The sole remedy that Reliable Structures is obligated to
provide under this warranty is the injection of additional urethane at those otherwise unmodified and/or
undamaged are a(s) of deep soils where there is evidence that the de ep soi Is have experienced co Ilapse or
consolidation from their po st -repai r conditions and /or th a inj ection of add itional uretha ne at th ose othe rwise
unmodified and /or undamaged area(s) of lifted pavement where there is evidence that the lifted pavement
has experienced settlement from its post-repair elevation.
This pro posa I ma y b e withd raven
if not accepted within 30 days.
1
p
WP
AC C EPTAN C E 0 F PR OPO SAL: Th e price s,
specifications and conditions are satisfactory
and are hereby accepted. Reliable is
authorized to accomplish the work as specified
Signature
Greg G. Walliman D ate
Reliable Structures Inc.
Arizona License # R OC247805
Signature_
Owner Date
Signature___
Owner D ate
Permanent Engine Solutions fo Un stable Foundations, Broken Concrete and Lea hl Structures
Page 5 of 5
AZ License # ROC247805 Initial
Marana Special Council Meeting 06/30/2015 Page 143 of 150
Page 8 of 8
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ O A 8 5 65 3
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: June 30, 2015
Strategic Plan Focus Area:
Not Applicable
Item D 3
Subject: Relating to Administration; discussion, consideration and possible action
regarding potential amendments to the Town Manager's Employment Agreement
between the Town of Marana and Gilbert Davidson approved on July 2, 2013 (Jane
Fairall)
Discussion:
The Town Council approved an employment agreement with Town Manager Gilbert Davidson on
July 15, 2008, via adoption of Resolution No. 2008 -95. This agreement was subsequently
amended in June of 2009 and in June of 2011 to readopt the severance provision of the agreement
upon the seating of a new Council. On July 2, 2013, the Council amended the agreement via
adoption of Resolution No. 2013 -067, increasing the Town Manager's salary and making various
other revisions, including removing the provisions requiring termination and readoption of the
severance provisions of the agreement. The agreement has not been revised since July 2, 2013. A
copy of the agreement is included in the Council packet for the Council's information and
convenience.
On the agenda for tonight's meeting is an executive session pursuant to A.R.S. §38- 431.03 (A)(1)
to discuss and evaluate the performance of Town Manager Gilbert Davidson. Following the
executive session, Council may direct staff to take action regarding the Town Manager's
agreement, including any possible revisions desired by the Council.
Financial Impact:
Any changes to the agreement that result in an increase in costs should be able to be absorbed
within existing budgetary capacity for the FY 2015 -2016 budget.
Marana Special Council Meeting 06/30/2015 Page 144 of 150
Staff Recommendation:
Council's pleasure
Suggested Motion:
I move to direct staff to amend the Town Manager's employment contract as follows: [specific
details of any amendments] with an effective date of [insert effective date] and to authorize the
Mayor to execute the agreement.
OR
Council's pleasure
OR
No action
Attachments: Town Manager employment agreement 2013
Marana Special Council Meeting 06/30/2015 Page 145 of 150
TOWN MANAGER'S EMPLOYMENT AGREEMENT BETWEEN THE
TOWN OF MARANA AND GILBERT DAVIDSON
This Employment Agreement (this "Agreement ") is entered into by and between the TOWN
OF MARANA, an Arizona municipal corporation (the "Town ") and GILBERT DAVIDSON (the
"Town Manager "). The Town and the Town Manager are collectively referred to in this
Agreement as the "Parties," and each is sometimes individually referred to as a "Party."
RECITALS
A. The Town Council is authorized to appoint a town manager pursuant to A.R.S. § 9 -239
and Marana Town Code sections 3-1-2 (A) and 3-2-1.
B. The Town Manager's education, training and experience qualify him to provide the
professional services sought by the Town.
C. By motion adopted on July 1, 2008, the Town Council appointed the Town Manager to
the position of town manager of the Town effective July 11, 2008.
D. The Parties entered into an employment agreement (the "Original Agreement ") dated
July 16, 2008, approved by the Town Council by the adoption of Marana Resolution
No. 2008-95 on July 15, 2008, which original Agreement was subsequently amended on
June 16, 2009, and June 21, 2011.
E. The Parties now desire to enter into a new employment agreement to set the terms and
conditions of the Town Manager's employment.
AGREEMENT
Now, THEREFORE, in consideration of the mutual promises made in this Agreement, the
Parties agree as follows:
Article 1. Term
This Agreement shall be effective upon its approval by the Town Council and shall continue
in full force and effect unless and until it is terminated by either Party pursuant to Article 4
below.
Article 2. Duties and Performance
2.1. Standards of Performance The Town Manager shall render professional Town
management services to the Town. The Town Manager shall be under the administrative
supervision and control of the Town Council, subject to his compliance at all times with federal,
state and local law, and the International City /County Management Association Code of Ethics.
2.2. Full -Time work The Town Manager shall devote his full working professional time and
attention to the management of the Town of Marana. During his employment by the Town, the
Town Manager shall not, without written consent of the Town, directly or indirectly render
ser vices of a professional nature to or for any person or firm for compensation, or e ngage in any
TowN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT
EXHIBIT A -- RESOLUTION 2013 -067 - 1 -
Marana Special Council Meeting 06/30/2015 Page 146 of 150
practice or professional endeavor that compromises the interests of the Town. However, the
expenditure of reasonable time and resources for civic, community, non - municipal political or
professional activities shall not be deemed a breach of this provision.
2.3. Residency The Town Manager agrees to reside within the Town limits of Marana.
2.4. Annual Goals and Objectives. Annually, as part of the budget process, the Town Council
and the Town Manager shall define such goals and performance objectives that they determine
necessary for the proper operation of the Town and in the attainment of the Town Council's
policy objectives and shall further establish a relative priority among those various goals and
objectives. The goals and objectives shall be reduced to writing. The goals shall generally be
attainable within the time limitations as specified and the annual operating and capital budgets
and appropriations.
Article 3. Compensation and Benefits
3.1. Sal . The Town shall pay the Town Manager an annual salary of $175,000, beginning
on the effective date of this Agreement.
3.2. Cost of Living Adjustments The Town Manager shall be entitled to receive the same
cost of living adjustments that other Town employees receive, except that the Town Manager
shall not be entitled to receive the general adjustment approved for all other Town employees
effective June 29, 2013.
3.3. Deferred Com ensation. The Town shall execute all necessary documentation allowing
the Town Manager to enroll in a qualified deferred compensation plan and the Town shall
contribute an amount equal to 5% of the Town Manager's annual salary, as it may be adjusted
based on paragraph 3.2 above.
3.4. Ex enses. The Town shall reimburse the Town Manager for all reasonable travel and
business expenses incurred by the Town Manager in the performance of his duties, in accordance
with the general policies of the Town. Reasonable business expenses shall include, but are not
limited to, costs incurred to meet and dine with individuals and groups involved in or sought out
to be involved in Town development or economic development activities. The Town shall pay
for the Town Manager's attendance at a reasonable number of professional or municipal
conferences, specifically including reimbursement for professional association dues and one
annual International City /County Management Association (ICMA) conference and appropriate
State professional conferences. The Manager is encouraged to participate in civic activities. The
Town shall sponsor and pay for membership dues and fees for the Manager's involvement in
local service organizations.
3.5. Indemnification The Town shall indemnify, defend, and hold the Town Manager
harmless from all liability for damages, court costs, litigation expenses, and attorney fees which
arise out of acts or omissions of the Town Manager committed within the course and scope of
the Town Manager's employment. The Town Manager shall have the rights set forth under Town
Code Section 2 -10 -2 as it currently exists, and any amendment that limits or reduces the
protection of the Town Manager during the duration of this Agreement shall not apply.
3.6. Liability Coverage The Town shall maintain comprehensive liability coverage
effectively covering the Town Manager against any and all claims associated with the reasonable
performance of the Town Manager's responsibilities within the scope of his employment.
TOWN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT
ExHIBIT A -- RESOLUTION 2413 -067 "2"
Marana Special Council Meeting 06/30/2015 Page 147 of 150
3.7. Fidelily Bond. The Town shall bear the full cost of any fidelity or other bonds required
of the Town Manager.
3.8. Holidays The Town Manager shall be entitled to the same paid holidays to which other
employees of the Town are entitled, as provided in the Personnel Policies and Procedures.
3.9. Personal Leave The Town Manager shall be entitled to the same personal leave
allocations as are afforded to department directors of the Town, including an additional 40 hours
of personal leave per calendar year, as provided in the Town's Personnel Policies and
Procedures.
3.10. Vacation Leave The Town Manager shall accrue vacation leave at the rate of 6.15
hours per pay period, and upon termination of employment shall receive pay for accrued but
unused vacation leave in the same manner and amount as provided for all other Town employees
under the Town's Personnel Policies and Procedures. The 240 -hour cap on vacation leave
established by the Town's Personnel Policies and Procedures shall not apply to the Town
Manager, and is hereby replaced with a total vacation leave accrual cap of 350 hours.
3.10.1. The Town shall purchase, at the salary rate set forth in paragraph 3.1 above, 100
hours of the Town Manager's accrued vacation leave from the Town Manager within 30 days
of the effective date of this Agreement.
3.11. Tuition Reimbursement The Town shall provide the same tuition reimbursement to the
Town Manager as is available generally to Town employees under Policy 6 -1 of the Town's
Personnel Policies and Procedures. The Mayor shall perform all functions normally undertaken
by the department head, human resources director or town manager under Policy 6 -1 for
purposes of reviewing and approving tuition reimbursement requests by the Town Manager.
3.12. Use of Town Vehicle The Town Manager's duties require that he shall at all times
during his employment with the Town have use of an automobile provided to him by the Town
for Town business. The Town Manager may transport guests of the Town Manager within or
outside the Town's corporate limits. The Town Manager is permitted to make incidental personal
use of the Town Vehicle, including by way of example stopping for personal business on the
way to or from official Town business.
3.13. Health and other Insurance• Retirement Plan; other Benefits. Except as otherwise
amended or expanded by this Agreement, the Town Manager shall receive all insurance,
retirement, and other benefits afforded to all other Town employees.
3.14. Work Hours The Town recognizes that the Town Manager must devote a great deal of
time outside normal office hours to the business of the Town. The Town Manager may adjust his
office hours as he shall deem appropriate so long as he is reasonably available and the
management of the Town is not harmed.
Article 4. Termination.
4.1. Termination bv the Town for Convenience. If the Town Manager is terminated by the
Town for any reason other than "for cause" (see paragraph 4.2 below), the Town shall pay the
Town Manager a lump sum severance payment equal to six months salary, as it may be adjusted
based on paragraph 3.2 above, and the following benefits:
TOwN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT
EXMBIT A -- RESOLUTION 2413 -067 - 3
Marana Special Council Meeting 06/30/2015 Page 148 of 150
4.1.1. A lump sum payment for the Town Manager's accrued unused vacation leave (see
paragraph 3.1 o above), and
4.1.2. A lump sum contribution to the Town Manager's deferred compensation plan (see
paragraph 3.3 above) in the amount of 4% of the Town Manager's then - existing annual
salary.
4.2. Termination b the Town for Cause. If the Town terminates the Town Manager's
employment "for cause," then this Agreement shall terminate. All salary payable to the Town
Manager under this Agreement shall immediately cease, except that all unearned but unpaid
salary and benefits, and any other earned benefits required to be paid pursuant to this Agreement
and the Town's Personnel Policies and Procedures shall be paid to the Town Manager. The
Town Manager shall not be eligible for any severance payment or benefits payable under
paragraph 4.1 above. "For cause" is defined for purposes of this Agreement as (i) the
commission of a criminal offense; (ii) the commission of an immoral act or other behavior,
whether on or off duty, which brings the Town into disrepute, embarrasses the Town publicly, or
raises questions about the Town Manager's fitness to serve in his role as Town Manager;
(iii) non - performance of a required duty; or (iv) any similarly serious reason for termination.
4.3. Termination by the Town Mans er. The Town Manager may terminate this Agreement
at any time, for any reason or for no reason, by delivering to the Mayor and Council a written
notice 30 days in advance of his requested termination date. If the Town Manager terminates this
Agreement, the following terms shall apply:
4.3.1. All salary payable to the Town Manager under this Agreement shall cease 3o days
following the Town Manager's notice to the Mayor and Council. All earned and unpaid
salary and benefits and any other earned benefits required to be paid pursuant to this
Agreement and the Town's Personnel Policies and Procedures shall be paid to the Town
Manager. The Town may, in its sole discretion, elect to accelerate the Town Manager's
departure date from the Town upon receipt of the Town Manager's notice. In that event, the
Town Manager shall be paid through the accelerated termination date chosen by the Town.
4.3.2. In the Town's sole discretion, the Town may request that the Town Manager make
himself reasonably available, as needed by the Town, for consulting purposes for a period of
three months after termination. In that event, the Town and the Town Manager shall enter
into a separate agreement for the purpose of compensating the Town Manager on an hourly
basis for his services, at a rate equivalent to his compensation and benefits earned with the
Town pursuant to this Agreement.
Article 5. General Terms and Conditions.
5.1. Recitals The recitals set forth at the beginning of this Agreement are hereby
acknowledged, confirmed to be accurate and incorporated here by reference.
5.2. Entire_ Agreement This Agreement constitutes the entire agreement between the Parties
pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements,
representation and understanding of the Parties, oral or written, are hereby superseded and
merged in this Agreement.
5.3. Severability If any provision of this Agreement is declared illegal, invalid or
unenforceable, in whole or in part, under present or future laws, it shall be severed from the
TowN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT
EXMBIT A - RESOLUTION 2013 -067 - 4 -
Marana Special Council Meeting 06/30/2015 Page 149 of 150
remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the
illegal, invalid or unenforceable provision, there shall be added automatically as part of this
Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as
may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed
reformed accordingly.
5.4. Governing-Law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona.
5.5. Interpretation This Agreement has been negotiated by the Town and the Town Manager,
and neither Party shall be deemed to have drafted this Agreement for purposes of construing any
portion of this Agreement for or against any Party.
5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38.511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
Town:
THE TOWN OF MARANA,
an Arizona municipal corporation
B
Ed Honea, Mayor
Date: "7/3 J /3
OF
TOWN MANAGER:
I: .« ...
i . A
ATTEST:
c yn C. nson, Clerk
APPROVED AS TO FORM:
TOWN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT
EXH113IT A - RESOLUTION 2013 -067 - 5
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