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Regular Council Meeting Agenda Packet 10-18-2016 (2)
M RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 18, 2016, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 18, 2016, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Marana Regular Council Meeting 10/18/2016 Page 1 of 201 Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Marana Regular Council Meeting 10/18/2016 Page 2 of 201 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion 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 Resolution No. 2016 -106 Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety (GOHS) Contract Numbers 2017 -405d -017, 2017 -PT -028, and DUTAC -E -077 between the State of Arizona by and through GOHS and the Town of Marana for grant funding for Driving Under the Influence (DUI) and Speed enforcement and DUI Warrant enforcement (Lisa Shafer) C2 Resolution No. 2016 -107 Relating to Development; approving a preliminary plat for Saguaro Bloom Block 3 Lots 1 -141 and Common Area A (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) and Common Area B (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage) located at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive (Steven Vasquez) C3 Resolution No. 2016 -108 Relating to Utilities; approving and authorizing the Mayor to execute a one -year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec) C4 Resolution No. 2016 -109 Relating to Utilities; approving and authorizing the Mayor to sign a Water Service and Settlement Agreement with Jay E. Reyher & Janice D. Reyher (Frank Cassidy) C5 Resolution No. 2016 -110 Relating to Development; approving a preliminary plat for Camino de Oeste Lots 1 -144 and Common Areas 'A' & 'B', located a quarter mile north of Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste (Steve Cheslak) C6 Resolution No. 2016 -111: Relating to Purchasing; waiving bid procedures for the purchase of a used semi - tractor trailer or similar vehicle and authorizing the Finance and Purchasing Director to proceed with a modified competitive procurement process (Erik Montague) Marana Regular Council Meeting 10/18/2016 Page 3 of 201 C7 Approval of Regular Council Meeting Minutes from October 4, 2016 (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control, Series #10 Beer and Wine Store liquor license application submitted by Troy Charles Devos on behalf of QuikTrip #1456, located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Ed Stolmaker on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event to be held on November 5, 2016. (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2016 -112: Relating to Development; approving and authorizing the Mayor to sign a First Amendment to Sanders Grove Development Agreement for approximately 845 acres of land located north of Marana Road between Sanders Road and Wentz Road (Frank Cassidy) A2 Resolution No. 2016 -113: Relating to Development; approving and authorizing the Mayor to execute a First Amendment to Marana Cemetery Development Agreement between the Town of Marana and Marana Mortuary &Cemetery Properties, L.L.C. (Jane Fairall) A3 Resolution No. 2016 -114: Relating to Public Works; approving and authorizing the Mayor to sign an Acquisition Agreement &Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from La Cholla Tangerine, LLC for Tangerine Corridorffangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. ST021 (Frank Cassidy) A4 Resolution No. 2016 -115: Relating to Administration; approving the transfer of up to $35,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016 -2017 budget to the Technology Services capital equipment and software maintenance accounts for expenses related to video streaming of Town Council meetings (Erik Montague) ITEMS FOR DISCUSSION /POSSIBLE ACTION Marana Regular Council Meeting 10/18/2016 Page 4 of 201 D1 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) 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. El Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the Town's attorneys and representatives the terms of a proposed purchase of Tangerine Road right -of -way from La Cholla Tangerine LLC (this item relates to and should occur, if at all, before Council Action A3 on tonight's agenda) E3 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) to discuss with and instruct the Town's attorneys regarding an offer of judgment in the pending Tangerine Road right -of -way condemnation lawsuit entitled Town of Oro Valley v Hinsdale and Roof, Pima County Superior Court case number 020164058. 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 Regular Council Meeting 10/18/2016 Page 5 of 201 N O 0 / m - tn. A k Council - Regular Meeting C1 Meeting Date: 10/18/2016 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -106: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety (GOHS) Contract Numbers 2017 -405d -017, 2017 -PT -028, and DUTAC -E -077 between the State of Arizona by and through GOHS and the Town of Marana for grant funding for Driving Under the Influence (DUI) and Speed enforcement and DUI Warrant enforcement (Lisa Shafer) Discussion: The Town of Marana Police Department has been awarded three grants from the Governor's Office on Highway Safety totaling $125,000. Two of the grants will fund $90,000 in overtime for officers to support DUI Enforcement and STEP /Speed Enforcement activities. These federal funds will support personnel services (Overtime) and employee - related expenses (fringe benefits) for those officers participating in the enforcement activities. The third grant is a state funded grant from the Arizona Oversight Council on Driving or Operating under the Influence Abatement that will support personnel services (Overtime) and employee - related expenses (fringe benefits) for those officers participating in DUI Warrant Sweep activities. Over the past few years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, visibility, enforcement, and officer training. The overall goal is to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers. The grants provide funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased Marana Regular Council Meeting 10/18/2016 Page 6 of 201 incidents of motor vehicle accidents. This overtime funding will also allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and increase formal enforcement to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event - specific, department- initiated DUI and speed enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. Last year Marana PD conducted nine very successful DUI Warrant Sweeps that resulted in 75 arrests, 125 arrest warrants served and $124,971 in recovered bond money. This year we are receiving an additional $15,000 over last year to provide more DUI enforcement and Sweep deployments. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Amount: $125,000 All of the officers' overtime will be fully reimbursed by this grant and the equipment is fully funded and does not have a match. Staff Recommendation: Staff recommends approval of the three grant agreements. Suggested Motion: I move to adopt Resolution No. 2016 -106, approving and authorizing the Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety (GOHS) Contract Numbers 2017 -405d -017, 2017 -PT -028, and DUTAC -E -077 between the State of Arizona by and through GOHS and the Town of Marana for grant funding for Driving Under the Influence (DUI) and Speed enforcement and DUI Warrant enforcement. Attachments Resolution No. 2016 -106 2017 -405d -017 2017 -PT -028 DUTAC -E -077 Marana Regular Council Meeting 10/18/2016 Page 7 of 201 MARANA RESOLUTION NO. 2016-106 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE AND THE TOWN MANAGER TO EXECUTE GOVERNOR'S OFFICE OF HIGHWAY SAFETY (GOHS) CONTRACT NUMBERS 2017 -405D -017, 2017 -PT -028, AND DUTAC -E -077 BETWEEN THE STATE OF ARIZONA BY AND THROUGH GOHS AND THE TOWN OF MARANA FOR GRANT FUNDING FOR DRIVING UNDER THE INFLU- ENCE (DUI) AND SPEED ENFORCEMENT AND DUI WARRANT ENFORCEMENT. WHEREAS evidence has shown that impaired and aggressive driving exists in the Pima County area; and WHEREAS the Governor's Office of Highway Safety (GOHS) has awarded the Town of Marana federal funded grants to support personnel services and employee - related expenses for officers to support DUI Enforcement and STEP /Speed Enforcement activities; and WHEREAS GOHS has awarded the Town of Marana a state funded grant from the Ari- zona Oversight Council on Driving or Operating Under the Influence Abatement that will sup- port personnel services and employee - related expenses for officers participating in DUI Warrant Sweep activities; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into grant agreements with GOHS to be eligible to receive the awarded grant funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, GOHS Contract Number 2017 -405d -017, attached to and incorporated by this reference in this resolution as Exhibit A, GOHS Contract Number 2017 -PT -028, attached to and incorporated by this reference in this resolution as Exhibit B, and GOHS Contract Number DUTAC -E -077, attached to and incorporated by this reference in this resolution as Exhibit C, be- tween the state of Arizona by and through GOHS and the Town of Marana, are hereby approved and the Chief of Police and the Town Manager are hereby authorized to execute them 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 grant agreements. 00049201.DOCX /1 Marana Resolution No. 2016 -106 Marana Regular Council Meeting 10/18/2016 Page 8 of 201 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of October, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -106 Marana Regular Council Meeting 10/18/2016 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 00049201.DOCX /1 Page 9 of 201 GOVERNOR'S OFFICE OF HIGHWAY SAFETY HIGHWAY SAFETY CONTRACT STATE OF ARIZONA This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing. CFDA 20.616 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Marana Police Department 2017 -405d -017 ADDRESS PROGRAM AREA: 11555 W. Civic Center Dr, Marana, AZ 85653 405d 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Lisa Shafer ADDRESS 3. PROJECT TITLE: 11555 W. Civic Center Dr, Marana, AZ 85653 DUI /Impaired Driving Enforcement 4. GUIDELINES: 405d 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance DUI /Impaired Driving Enforcement throughout the Town of Marana. 6. BUDGET Project Period COST CATEGORY FFY 2017 I. Personnel Services $36 II. Employee Related Expenses $13 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out -of -State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $50 FROM: Effective Date PROJECT PERIOD TO: 09 -30 -2017 (Date of GOHS Director Signature) CURRENT GRANT PERIOD FROM: 10 -01 -2016 TO: 09 -30 -2017 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $50,000.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Marana Regular Council Meeting 10/18/2016 Page 10 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has a cadre of 85 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts (DRE), four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 122 square miles with an estimated population of just over 40,000. Recent improvements in the economy have increased residential and commercial building, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This I -10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily train traffic. The Police Department serves 306 miles of arterial roadways, 190 miles of residential streets, and 37 miles of rural roads. Marana also hosts 22 signalized intersections and two signalized crosswalks. Marana also has multi -lane arterials that connect heavy residential and commercial traffic to both Interstate 10 and State Road 77. In northern Marana frontage roads accommodate a high volume of traffic during key commute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of Interstate 10. In the fall of 2015 the first large scale mall in Marana will open up just off the Twin Peaks interchange. Agency Problem /Attempts to Solve Problem: In 2015 there were 636 new single family residential permits issued out to new Marana residents. Current estimates are forecasting a population of about 50,000 residents by 2020. In the fall of 2015, the first large scale mall in Marana opened along the Twin Peaks /I -10 corridor and has added 71 new stores and restaurants. Also in 2015 the Home Plate Sports Pub opened in Marana. This bar is over 10,000 square feet and includes 6 enclosed batting cages. As a result of the improving economy the Town will see a significant increase in patrons visiting bars and restaurants serving alcohol and a correlating increase in the risk of non - injury, injury, and fatal collisions is anticipated. Impaired drivers represent an unacceptable percentage of drivers involved in property damage and injury collisions. The Department saw a 300% increase in fatal collisions in 2013. The number of fatal collisions remained the same for 2014 and 2015. Of those fatalities in 2015, two were related to drugs or alcohol. The PD has seen a steady increase in number of residents and new businesses in the Town. Unfortunately staffing levels have not kept up with the increase for service, therefore resulting in increased workloads that are reactionary in nature. This leaves very little time for officers to do proactive enforcement and education with the public. Staffing traffic enforcement deployments during regular work hours is extremely challenging and many times only feasible with overtime provided by critical grants. 2 Marana Regular Council Meeting 10/18/2016 Page 11 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 Agency Funding: Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance DUI /Impaired Driving Enforcement throughout the Town of Marana. How Agency Will Solve Problem With Funding: The Marana Police Department intends to meet the project objectives listed below by September 30, 2016: • ❑ Reduce the year over year total number of alcohol involved traffic injuries and fatalities. • ❑ Increase the year over year total number of DUI arrests. • ❑ Conduct or participate in DUI saturation patrols and multi - agency taskforce operations. • ❑ Conduct DUI training sessions for enforcement personnel. • ❑ Conduct DUI awareness and prevention seminars for high school driver's education classes and the Citizen's Police Academy. Prepare complete press release information for media (television, radio, print, online, and social media) during each campaign. These shall include a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign's purpose, aggressive enforcement, and the high cost of DUI in terms of financial, criminal, and human consequences. The agency will provide a schedule of their respective DUI taskforce details or planned participation in other agency DUI taskforce details a minimum of three (3) weeks prior to each mandatory reporting period. To develop a DUI operational plan to establish the method of operation with goals and objectives applicable upon initiation of contracted grant program. 3 Marana Regular Council Meeting 10/18/2016 Page 12 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 GOALS /OBJECTIVES: Federal 405d funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance DUI /Impaired Driving Enforcement throughout the Town of Marana. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and /or Travel In and Out -of -State shall comply with the Impaired Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel participating in Impaired Driving Enforcement /DUI activities including, DUI Task Force details under this program, shall be HGN /SFST certified. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on -line) durin each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign's purpose, aggressive enforcement, and the high cost of DUI /Impaired Driving in terms of money, criminal, and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to GOHS on -line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President's Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and /or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures, as follows, to meet the outlined Program Goals /Objectives: Personnel Services - To support Overtime for DUI /Impaired Driving Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor's Office of Highway Safety. 4 Marana Regular Council Meeting 10/18/2016 Page 13 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement - related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of USDOT "Common Rule" and Circular A -102 requires that: Grantees and sub - grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information: ➢ Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Marana Regular Council Meeting 10/18/2016 Page 14 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 Report Schedule Reporting Period Due Date 1S Quarterly Report and RCI (October 1 to December 31, 2016) January 30, 2017 2n Quarterly Report and RCI (January 1 to March 31, 2017) Aril 20, 2017 3r Quarterly Report and RCI (April 1 to June 30, 2017) Jul 20 2017 4 th Quarterly Report and RCI (Jul 1 to September 30, 2017) October 15, 2017 Final Statement of Accomplishments October 15, 2017 The Quarterly Report shall be completed on the form available on -line and submitted by mail to the Governor's Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON -LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief, Marana Police Department, shall serve as Project Director. Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project Administrator. Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor's Office of Highway Safety, at a minimum, on a quarterly basis in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices /purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. 6 Marana Regular Council Meeting 10/18/2016 Page 15 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for: ➢ Detecting and preventing problems ➢ Helping to identify needed changes ➢ Identifying training or assistance needed ➢ Obtaining data necessary for planning and evaluation ➢ Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are: ➢ Ongoing contact with the contracted grantee through phone calls, e- mails, correspondence, and meetings ➢ On -Site and /or In -House monitoring reviews of project operations, management, and financial records and systems ➢ Review of project Quarterly Reports ➢ Review and approval of Report of Costs Incurred (RCIs) ➢ Desk review of other documents in the project grant files for timely submission and completeness Monitorin cy Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review /Phone Conference $50,000 and over In -House GOHS Review $100 On -Site Review Desk Review Internal review of all written documentation related to contractual project including, but not and Phone limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, Conference notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic /financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in -house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In -House Documents performance review results including project activities, reimbursement claims Review review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, 7 Marana Regular Council Meeting 10/18/2016 Page 16 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 On -site and /or in -house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on -site monitoring more than once during the fiscal year. On -site and /or In -house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /objectives and performance measures ➢ Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly Reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records and RCI's ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to obstacles. Grantees that exhibit significantly poor performance will be placed on a performance plan as outlined by the Project Coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. 8 Marana Regular Council Meeting 10/18/2016 Page 17 of 201 inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On -Site Documents performance review results including project activities, reimbursement claims Monitoring review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on -site at the grantee's Agency with monitoring form completed on -site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On -site and /or in -house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on -site monitoring more than once during the fiscal year. On -site and /or In -house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /objectives and performance measures ➢ Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly Reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records and RCI's ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to obstacles. Grantees that exhibit significantly poor performance will be placed on a performance plan as outlined by the Project Coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. 8 Marana Regular Council Meeting 10/18/2016 Page 17 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 DURATION-- Contracts shall be effective on the date the Governor's Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency's letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor's Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor's Office of Highway Safety. 9 Marana Regular Council Meeting 10/18/2016 Page 18 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 ESTIMATED COSTS: I. Personnel Services (overtime) $36,311.00 II. Employee Related Expenses (ERE) $13 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out -of -State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$50 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $50,000.00. 10 Marana Regular Council Meeting 10/18/2016 Page 19 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption /Possession Citations Total DUI Drug Arrests 30 -Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Aggressive Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer /Deputies (Cumulative) 11 Marana Regular Council Meeting 10/18/2016 Page 20 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's Office of Highway Safety (GOHS) hereinafter referred to as "STATE ", and the agency named in this Contract, hereinafter referred to as "AGENCY ". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC § §401 -404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". 12 Marana Regular Council Meeting 10/18/2016 Page 21 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self - insurance meets the requirements of this section. IV. Travel In -State and Out -of -State Travel In state and out -of -state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out -of -state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and /or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. 13 Marana Regular Council Meeting 10/18/2016 Page 22 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 VII. Non - Assignment and Sub - Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non - consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. "Common Rule" and OMB Circular No. A -102 (Revised) "Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular No. A -102 (Revised): Grants and Cooperative Agreements with State and Local Governments The application of USDOT "Common Rule" and Circular A -102 requires that: AGENCY and sub - grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. 14 Marana Regular Council Meeting 10/18/2016 Page 23 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 XI. Non - Discrimination During the performance of this contract /funding agreement, the contractor /funding recipient agrees A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 21 and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract /funding agreement, the State highway safety agency will have the right to impose such contract /agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor /funding recipient under the contract /agreement until the contractor /funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub - agreement, that receives Federal funds under this program. F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE or the USDOT may take any or all of the following actions: 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non- discriminatory to handicapped persons. XII. Executive Order 2009 -09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09, Non - Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009 -09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501 - 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 15 Marana Regular Council Meeting 10/18/2016 Page 24 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obli gation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT- assigned contracts. XV. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35 -214 Pursuant to ARS §35 -214, all books, accounts, reports, files, and other records relating to this Contract will be subj ect at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor's Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E- Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E- Verify. If either party later determines that the other non - compliant party has not 16 Marana Regular Council Meeting 10/18/2016 Page 25 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 complied with E- Verify, it will notify the non - compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. 17 Marana Regular Council Meeting 10/18/2016 Page 26 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. § §401 -404), ARS §28 -602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non - Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only steel, iron, and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty -five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 18 Marana Regular Council Meeting 10/18/2016 Page 27 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1300. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. G. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 19 Marana Regular Council Meeting 10/18/2016 Page 28 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary participant certifies to the best of its knowledge and belief, that its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within athree -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1300. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its 20 Marana Regular Council Meeting 10/18/2016 Page 29 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 21 Marana Regular Council Meeting 10/18/2016 Page 30 of 201 GOHS HIGHWAY FMarana Police Department SAFETY CONTRACT 2017 -405d -017 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: 2. Agency's Fiscal Contact: Name: Telephone Number: Fax Number: E -mail Address: Title: Telephone Number: E -mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant /Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address &Zip Code) Fax Number: 22 Marana Regular Council Meeting 10/18/2016 Page 31 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -405d -017 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Terry Rozema, Chief Marana Police Department Date Signature of Authorized Official of Governmental Unit: Gilbert Davidson, Town Manager Town of Marana Telephone Date Telephone 23 Marana Regular Council Meeting 10/18/2016 Page 32 of 201 GOHS HIGHWAY FMarana Police Department SAFETY CONTRACT 2017 -405d -017 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §405 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28 -602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transport The expenses are reimbursable under Arizona's Hi ghway Safety Plan Program Area 405d, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date S 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Governor's Office of Highway Safety Governor's Highway Safety Representative Approval Date 24 Marana Regular Council Meeting 10/18/2016 Page 33 of 201 GOVERNOR'S OFFICE OF HIGHWAY SAFETY HIGHWAY SAFETY CONTRACT STATE OF ARIZONA This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Contract between the parties hereto unless the Governor's Highway Safety Representative authorizes deviation in writing. CFDA 20.600 1. APPLICANT AGENCY GOHS CONTRACT NUMBER: Marana Police Department 2017 -PT -028 ADDRESS PROGRAM AREA: 11555 W. Civic Center Dr, Marana, AZ 85653 402 -PT 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Marana Lisa Shafer ADDRESS 3. PROJECT TITLE: 11555 W. Civic Center Dr, Marana, AZ 85653 STEP Enforcement 4. GUIDELINES: 402 — Police Traffic (PT) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. 6. BUDGET Project Period COST CATEGORY FFY 2017 I. Personnel Services $29 II. Employee Related Expenses $10 1 951.00 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out -of -State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $40 FROM: Effective Date PROJECT PERIOD TO: 09 -30 -2017 (Date of GOHS Director Signature) CURRENT GRANT PERIOD FROM: 10 -01 -2016 TO: 09 -30 -2017 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $40,000.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Contract. Marana Regular Council Meeting 10/18/2016 Page 34 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has a cadre of 85 sworn officers. Various assignments include patrol, directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts (DRE), four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadways through enforcement and educational efforts. The Town of Marana was incorporated in 1977. Marana encompasses 122 square miles with an estimated population of just over 40,000. Recent improvements in the economy have increased residential and commercial building, attracting people and commerce to the town. The Town of Marana is bisected by 18.2 miles of Interstate 10 with a frontage road running parallel to the interstate on both sides. This I -10 corridor hosts seven traffic interchanges with 28 on/off ramps and 10 railroad crossings. Most of the railroad crossings are at grade and with the recent double tracking of the Union Pacific Railroad the Town has seen a dramatic increase in daily train traffic. The Police Department serves 306 miles of arterial roadways, 190 miles of residential streets, and 37 miles of rural roads. Marana also hosts 22 signalized intersections and two signalized crosswalks. Marana also has multi -lane arterials that connect heavy residential and commercial traffic to both Interstate 10 and State Road 77. In northern Marana frontage roads accommodate a high volume of traffic during key commute times and serve as alternate roadways for local drivers wishing to avoid the high speeds and congestion of Interstate 10. In the fall of 2015 the first large scale mall in Marana will open up just off the Twin Peaks interchange. Agency Problem /Attempts to Solve Problem: In 2015 there were 636 new single family residential permits issued out to new Marana residents. Current estimates are forecasting a population of about 50,000 residents by 2020. In the fall of 2015, the first large scale mall in Marana opened along the Twin Peaks /I -10 corridor and has added 71 new stores and restaurants. Also in 2015 the Home Plate Sports Pub opened in Marana. This bar is over 10,000 square feet and includes 6 enclosed batting cages. As a result of the improving economy the Town will see a significant increase in patrons visiting bars and restaurants serving alcohol and a correlating increase in the risk of non - injury, injury, and fatal collisions is anticipated. Impaired drivers represent an unacceptable percentage of drivers involved in property damage and injury collisions. The Department saw a 300% increase in fatal collisions in 2013. The number of fatal collisions remained the same for 2014 and 2015. Of those fatalities in 2015, two were related to drugs or alcohol. The PD has seen a steady increase in number of residents and new businesses in the Town. Unfortunately staffing levels have not kept up with the increase for service, therefore resulting in increased workloads that are reactionary in nature. This leaves very little time for officers to do proactive enforcement and education with the public. Staffing traffic enforcement deployments during regular work hours is extremely challenging and many times only feasible with overtime provided by critical grants. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. 2 Marana Regular Council Meeting 10/18/2016 Page 35 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 How Agency Will Solve Problem With Funding: Marana PD will increase enforcement capabilities by implementing additional personnel services (overtime) for high visibility speed enforcement details. Details will focus on areas of chronic speeding, school zones and construction areas. The Department will respond to high complaint areas in a timely and aggressive manner to deter speeding violators and reduce collisions. With numerous roadway construction projects in the Town, neighborhoods with significant high speed cut through traffic will be heavily patrolled. The Department will develop comprehensive community traffic safety initiatives that employ collaborative efforts in the development and execution of strategic information and education campaigns. These initiatives will target those who engage in high risk behaviors. The Department will develop public information and education campaigns to raise awareness to Arizona's goals and objectives in reducing speed related collisions. These activities shall include print, radio, television, internet, social media as well as attending neighborhood meetings. The Department will provide a schedule of their high visibility traffic enforcement details to AZGOHS, local media outlets, and social media. The Department will develop high visibility traffic enforcement operational plans to establish the method of operation with goals and objectives applicable upon the initiation of the contracted grant program. 3 Marana Regular Council Meeting 10/18/2016 Page 36 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 GOALS /OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), and Employee Related Expenses to enhance STEP Enforcement throughout the Town of Marana. Expenditures of funding pertaining to the PT /Selective Traffic Enforcement Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and /or Travel In and Out -of -State shall comply with the PT /Selective Traffic Enforcement Program goals provided by the Arizona Governor's Office of Highway Safety. The PT /Selective Traffic Enforcement Program goal is to reduce the incidences of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky driving behavior through enforcement, education, and public awareness throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on -line) durin each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign's purpose, aggressive enforcement, and the high cost of Speeding in terms of money, criminal, and human consequences. The Marana Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all holiday task force enforcement statistics to GOHS on -line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President's Day, St. Patrick's Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year's details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and /or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Marana Police Department will make expenditures, as follows, to meet the outlined Program Goals /Objectives: Personnel Services - To support Overtime for STEP /Speed Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor's Office of Highway Safety. 4 Marana Regular Council Meeting 10/18/2016 Page 37 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement - related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of USDOT "Common Rule" and Circular A -102 requires that: Grantees and sub - grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs shall, where possible, be made utilizing the Marana Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information: ➢ Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Marana Regular Council Meeting 10/18/2016 Page 38 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 Report Schedule Reporting Period Due Date 1S Quarterly Report and RCI (October 1 to December 31, 2016) January 30, 2017 2n Quarterly Report and RCI (January 1 to March 31, 2017) Aril 20, 2017 3r Quarterly Report and RCI (April 1 to June 30, 2017) Jul 20 2017 4 th Quarterly Report and RCI (Jul 1 to September 30, 2017) October 15, 2017 Final Statement of Accomplishments October 15, 2017 The Quarterly Report shall be completed on the form available on -line and submitted by mail to the Governor's Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON -LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Contract. PROFESSIONAL AND TECHNICAL PERSONNEL: Terry Rozema, Chief, Marana Police Department, shall serve as Project Director. Lisa Shafer, Community Development Director, Marana Police Department, shall serve as Project Administrator. Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor's Office of Highway Safety, at a minimum, on a quarterly basis in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices /purchase orders, and other account records. RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. 6 Marana Regular Council Meeting 10/18/2016 Page 39 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 PROJECT MONITORING: Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the contracted project and serves as a continuous management tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring serves as a management tool for: ➢ Detecting and preventing problems ➢ Helping to identify needed changes ➢ Identifying training or assistance needed ➢ Obtaining data necessary for planning and evaluation ➢ Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are: ➢ Ongoing contact with the contracted grantee through phone calls, e- mails, correspondence, and meetings ➢ On -Site and /or In -House monitoring reviews of project operations, management, and financial records and systems ➢ Review of project Quarterly Reports ➢ Review and approval of Report of Costs Incurred (RCIs) ➢ Desk review of other documents in the project grant files for timely submission and completeness Monitorin cy Schedule Total Awarded Amount: Type of Monitoring: Under $50,000 Desk Review /Phone Conference $50,000 and over In -House GOHS Review $100 On -Site Review Desk Review Internal review of all written documentation related to contractual project including, but not and Phone limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, Conference notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic /financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in -house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In -House Documents performance review results including project activities, reimbursement claims Review review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, 7 Marana Regular Council Meeting 10/18/2016 Page 40 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 On -site and /or in -house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on -site monitoring more than once during the fiscal year. On -site and /or In -house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /objectives and performance measures ➢ Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly Reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records and RCI's ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to obstacles. Grantees that exhibit significantly poor performance will be placed on a performance plan as outlined by the Project Coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. 8 Marana Regular Council Meeting 10/18/2016 Page 41 of 201 inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On -Site Documents performance review results including project activities, reimbursement claims Monitoring review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on -site at the grantee's Agency with monitoring form completed on -site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On -site and /or in -house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Contracted projects displaying any problems may need on -site monitoring more than once during the fiscal year. On -site and /or In -house monitoring includes a review and discussion of all issues related to ensure the effective administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /objectives and performance measures ➢ Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly Reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records and RCI's ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation The Governor's Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated contract representative (Project Administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to obstacles. Grantees that exhibit significantly poor performance will be placed on a performance plan as outlined by the Project Coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract. 8 Marana Regular Council Meeting 10/18/2016 Page 41 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 DURATION-- Contracts shall be effective on the date the Governor's Office of Highway Safety Director signs the Contract and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency's letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Contract to the Director of the Governor's Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the termination of the Contract shall be released back to the Governor's Office of Highway Safety. 9 Marana Regular Council Meeting 10/18/2016 Page 42 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 ESTIMATED COSTS: I. Personnel Services (overtime) $29,049.00 II. Employee Related Expenses (ERE) $10 III. Professional and Outside Services $0.00 IV. Travel In -State $0.00 V. Travel Out -of -State $0.00 VI. Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$40 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $40,000.00. 10 Marana Regular Council Meeting 10/18/2016 Page 43 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION CONTRACT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Arrests Average BAC Minor Consumption /Possession Citations Total DUI Drug Arrests 30 -Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Aggressive Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer /Deputies (Cumulative) 11 Marana Regular Council Meeting 10/18/2016 Page 44 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 CERTIFICATIONS AND AGREEMENTS This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor's Office of Highway Safety (GOHS) hereinafter referred to as "STATE ", and the agency named in this Contract, hereinafter referred to as "AGENCY ". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC § §401 -404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Contract. B. AGENCY will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Contract or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Contract. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Contract. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". 12 Marana Regular Council Meeting 10/18/2016 Page 45 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Contract. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Contract. D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records. E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful life. Self - insurance meets the requirements of this section. IV. Travel In -State and Out -of -State Travel In state and out -of -state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out -of -state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Contract. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and /or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. 13 Marana Regular Council Meeting 10/18/2016 Page 46 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 VII. Non - Assignment and Sub - Contracts This Contract is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Contract. All property, instruments, non - consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise provided for elsewhere in this Contract, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Contract. B. The provisions of subparagraph A apply whether or not the project contracted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. "Common Rule" and OMB Circular No. A -102 (Revised) "Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular No. A -102 (Revised): Grants and Cooperative Agreements with State and Local Governments The application of USDOT "Common Rule" and Circular A -102 requires that: AGENCY and sub - grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Contract. 14 Marana Regular Council Meeting 10/18/2016 Page 47 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 XI. Non - Discrimination During the performance of this contract /funding agreement, the contractor /funding recipient agrees A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 21 and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor /funding recipient fails to comply with any nondiscrimination provisions in this contract /funding agreement, the State highway safety agency will have the right to impose such contract /agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor /funding recipient under the contract /agreement until the contractor /funding recipient complies; and /or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub - agreement, that receives Federal funds under this program. F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE or the USDOT may take any or all of the following actions: 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further Federal financial assistance to AGENCY under the Highway Safety Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non- discriminatory to handicapped persons. XII. Executive Order 2009 -09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09, Non - Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009 -09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501 - 1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 15 Marana Regular Council Meeting 10/18/2016 Page 48 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Contract. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Contract. B. Obli gation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Contract. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT- assigned contracts. XV. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Contract where the provisions of mandatory arbitration apply. XVI. Inspection and Audit, ARS §35 -214 Pursuant to ARS §35 -214, all books, accounts, reports, files, and other records relating to this Contract will be subj ect at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Contract. The records will be produced at the Governor's Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Contract be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or project that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E- Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E- Verify. If either party later determines that the other non - compliant party has not 16 Marana Regular Council Meeting 10/18/2016 Page 49 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 complied with E- Verify, it will notify the non - compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Contract and proceed to close said operations under the Contract. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Contract and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38- 511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter or the Contract. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract unless the notice specifies a later time. 17 Marana Regular Council Meeting 10/18/2016 Page 50 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. § §401 -404), ARS §28 -602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Contract. Certification of Non - Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under contract with other Federal fund sources which duplicate or overlap any work contemplated or described in this Contract. It is further certified that any pending or proposed request for other Federal grant funds which would duplicate or overlap work described in the Contract will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only steel, iron, and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty -five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 18 Marana Regular Council Meeting 10/18/2016 Page 51 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1300. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. G. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 19 Marana Regular Council Meeting 10/18/2016 Page 52 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, and Other Responsibility Matter A. The prospective primary participant certifies to the best of its knowledge and belief, that its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within athree -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1300. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its 20 Marana Regular Council Meeting 10/18/2016 Page 53 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 21 Marana Regular Council Meeting 10/18/2016 Page 54 of 201 GOHS HIGHWAY FMarana Police Department SAFETY CONTRACT 2017 -PT -028 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: Title: 2. Agency's Fiscal Contact: Name: Telephone Number: Fax Number: E -mail Address: Title: Telephone Number: E -mail Address: Federal Identification Number: 3. REIMBURSEMENT INFORMATION: Warrant /Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4. DUNS Number: (DUNS #) (Registered Address &Zip Code) Fax Number: 22 Marana Regular Council Meeting 10/18/2016 Page 55 of 201 GOHS HIGHWAY Marana Police Department SAFETY CONTRACT 2017 -PT -028 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Terry Rozema, Chief Marana Police Department Date Signature of Authorized Official of Governmental Unit: Gilbert Davidson, Town Manager Town of Marana Telephone Date Telephone 23 Marana Regular Council Meeting 10/18/2016 Page 56 of 201 GOHS HIGHWAY FMarana Police Department SAFETY CONTRACT 2017 -PT -028 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28 -602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402 - PT, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency Alberto Gutier, Director Governor's Office of Highway Safety Governor's Highway Safety Representative Approval Date 24 Marana Regular Council Meeting 10/18/2016 Page 57 of 201 OVEILSIGFIT COUNCIL DUI ABATEMENT GRANT PROGRAM ON DRIVING OR OPERATING UNDER GRANT AGREEMENT THE INFLUENCE 91 � ABATEMENT Douglas A. Ducey Governor The Oversight Council on Driving or Operating Under the Influence Abatement is hereafter referred to as the DUI Abatement Council, DUTAC or Council in this agreement. This page and the DUTAC Project Director's Manual incorporated herein by reference constitute the entire agreement between the parties hereto unless deviation is authorized in writing by the DUI Abatement Council. APPLICANT AGENCY AGREEMENT NUMBER Marana Police Department DUTAC -E -077 ADDRESS PROGRAM AREA 11555 W. Civic Center Dr, Bldg B, Marana, Az 85653 Enforcement GOVERNMENTAL UNIT AGENCY CONTACT Town of Marana Lisa Shafer ADDRESS PROJECT TITLE 11555 W. Civic Center Dr, Marana, AZ 85653 DUI Warrant Detail BRIEFLY STATE PURPOSE OF PROJECT: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. BUDGET COST CATEGORY I. Personnel Services II. Employee Related Expenses III. Professional and outside Services IV. Travel In-State V. Travel out -of -State VI. Materials and Supplies VII. Capital Outlay TOTAL ESTIMATED COSTS PROJECT PERIOD FROM: Effective Date (Date ofDUlAC Chairman Signature) CURRENT GRANT PERIOD FROM: 10 -01 -2016 Project Period SFY 2017 -2018 $26,336.00 $8,664.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35,000.00 TO: 09 -30 -2017 TO: 09 -30 -2017 TOTAL DUI ABATEMENT FUNDS OBLIGATED FOR THIS AGREEMENT PERIOD: $35,000.00 A political subdivision or state agency that is mandated to provide a certified resolution or ordinance authorizing entry into this agreement must do so prior to incurring any expenditures. Failure to do so ma result in termination of the awarded agreement. 1 Marana Regular Council Meeting 10/18/2016 Page 58 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: The Marana Police Department has a cadre of 85 sworn officers. Various assignments include P atrol directed action response, traffic enforcement, detectives, criminal investigations, and canine. The Marana Police Department also shares resources with the Pima Regional Special Weapons and Tactics Team, Explosive Ordnance Disposal, the Counter Narcotics Alliance, Arizona Vehicle Theft Task Force, and the Federal Drug Enforcement Administration. The Department also boasts seven Drug Recognition Experts , four DRE instructors, eight qualified phlebotomists, seven Horizontal Gaze Nystagmus (HGN) instructors, and 80% of all patrol officers certified in HGN. The Department works closely with the Southern Arizona DUI Taskforce in a concentrated and coordinated effort to reduce the number of impaired drivers on the roadwa Y s through enforcement and educational efforts. Agency Problem: A large number of people arrested for DUI violations are not appearing in court or paying fines. The Marana Municipal Court continually has over 100 active DUI Failure to Appear/Failure to Pay arrest warrants. Suspects listed in these warrants are often repeat offenders who regularly put the public at risk by continuin g to drive on public roadways while impaired, uninsured, or with suspended and/or revoked driving privileges. Agency Attempts to Solve Problem: The Abatement Council has funded Marana PD for DUI Warrant Sweep Overtime from May of 2014 through Y g April of 2015 and again in July 2015 through June 2016. During the last grant funding period, Marana PD completed rune very successful, aggressive warrant sweeps that resulted in 75 arrests, 125 arrest warrants served and $124,971 in recovered bond money. Officers were able to make 227 contacts during the deployments. The 535 hours of overtime allowed officers the time needed to prioritize offenders, research warrants, locate offenders, and complete necessary case paperwork. Agency Funding: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. How Agency Will Solve Problem With Funding: High profile warrant sweeps will be conducted on the weekend prior to Thanksgiving 2015 and Memorial Day weekend 2017. Additional sweeps will be conducted as funding allows. Six officers will deploy as two officer units. Officers will research offenders, gather accurate residence or work addresses, and locate /arrest offenders for prosecution. Prior to each deployment, local media outlets will be notified of the detail and will be p rovided the results following the detail for public dissemination. 0j, Marana Regular Council Meeting 10/18/2016 Page 59 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 GOALS /O BJECTIVES: State DUI Abatement (E) funds will support Personnel Services (Overtime) and Employee Related Expenses to enhance DUI Warrant Enforcement throughout the Town of Marana. The following goals and objectives shall be accomplished as a result of this funding: Impaired Driving or operating - Enforcement Expenditures of funding pertaining to Impaired Driving or Operating Enforcement or Innovative Programs including Personnel Services and ERE, Materials & Supplies, Capital Equipment and/or Travel In and Out of State shall comply with the Impaired Driving or operating Program Goals of the DUI Abatement Council in conjunction with those provided by the Arizona Governor's Office of Highway Safety. The Impaired Drivin g or Operating Program Goal is to reduce the incidence of alcohol and drug related driving or operating, fatalities and injuries through enforcement, education and public awareness and through innovative programs throughout the State of Arizona. Law Enforcement personnel participating in Impaired Driving or Operating Enforcement /DUI activities including DUI Task Force details under this program shall be HGN /SFST certified. This is not a requirement for those participating in DUI Innovative programs. MEDIA RELEASE To prepare complete press release information for media (television, radio, print and on -line) during each campaign period including a main press release, schedule of events, departmental plans and relevant data. The material will emphasize the cam ai n's purpose. aggressive enforcement and the hi 2h cost of DUI l Alcohol in terms of money, criminal and human conse uences. The Marana Police Department will maintain responsibility for reporting sustained DUI enforcement activit in a timely manner. Additionally, it is the responsibility of the Marana Police Department to report all task force enforcement statistics in which they participate to DOHS on --line at the DOHS website no later than 10:00a.m. the morning following each dav of the event. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports and/or Report of Costs Incurred (RCIs) on time and correctly may delay reimbursement for expenditures to your agency, or a cancellation and return of unexpended advanced funding. METHOD OF PR OCEDURE: The Marana Police Department will make expenditures as follows to meet the outlined Program Goals /Obj ectives: Personnel Services — To support Overtime for Impaired Driver or Operator Activities Employee Related Expenses — To support Employee Related Expenses for Agency Overtime PRESS RELEAS Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed agreement. A copy of this press release shall be sent to the DUI Abatement Council at the same time it is sent to the media. This press release shall include the objective and specify that the funding is from the Oversight Council on Driving or Operating Under the Influence Abatement. Marana Regular Council Meeting 10/18/2016 Page 60 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC-E -077 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Arizona is presently and consistently below the documented average among the states in the Blood Alcohol (BAC) testing of drivers involved in fatal motor vehicle collisions. Each law enforcement agency that receives an enforcement - related grant is required to ensure that this accurate data on all drivers involved are reported Failure to comply may result in withholding funds and cancellation of the enforcement contract until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving state funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. PROJECT EVALUATION: This project shall be administratively evaluated to ensure that the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on agreement grant activities conducted at the conclusion of each respective quarter. The information provided is used to review progress of the funded ro'ect p J and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, a and mandatory statistical data provided in this report are analyzed by the assigned project coordinator. It is critical that the on -line report contains the following information: ➢ Original signatures on all Quarterly Reports and RCIs ■ Signatures must include Project Director unless prior authorization for another is on file with GOHS. Repo Schedule The Quarterly Report shall be completed on the form available on -line and submitted by mail to the DUI Abatement Council at the Governor's Office of Highway Safety. The Quarterly Report title is based on the 3 month calendar period (Year - Calendar Quarter). Note: All law enforcement agencies must enter enforcement activity into the on -line GOHS DUI Reporting System. C. Marana Regular Council Meeting 10/18/2016 Page 61 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 Final Statement of Accomplishments The Project. Director shall submit a Final Statement of Accomplishments Report to the D p p UI Abatement Council no later than 30 days following the agreement end date. All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. N.� Failure to comply with the outlined DUI Abatement Council reporting requirements may result in withholding of state funds or termination of the agreement and return of any unexpended advanced funds. PROFESSIONAL AND TECHNICAL PERSONNEL: Jerry Rozema, Chief, Marana Police Department, shall serve as Project Director. Lisa Shafer, Community Development, Marana Police Department, shall serve as Project Administrator, Shane Radford, Governor's office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Project Director shall submit a Report of Costs Incurred (RCI) with supporting documentation attached, to the Governor's Office of Highway Safety at a minimum on a quarterly basis in correlation with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. RCIs shall be typed and delivered via mail or hand with appropriate supporting documentation, delivered to the Governor's Office of Highway Safety. Electronically submitted RCIs will not be accepted Final RCIs will not be accepted after thirty (30) days after the conclusion of the Agreement end date. Expenditures submitted after the expiration date will not be reimbursed and the agency will accept fiscal responsibility. The RCI template and instructions are available on the Governor's Office of Highway Safety website at http: / /www.azgohs.gov /grant - opportunities /. Failure to meet the reporting requirements may be cause q y to terminate the project. PROJECT MONITORING: DUI Abatement Council grant project monitoring is used by GGHS project coordinators to track the progress of project obj ectives, performance measures and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the agreement project and serves as a continuous manag ement tool. Project monitoring also presents a good opportunity for developing partnerships, sharing information and providing assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project review and documentation. Project monitoring also serves as a management tool for: ➢ Detecting and preventing problems ➢ Helping to identify needed changes ➢ Identifying training or assistance needed ➢ Obtaining data necessary for planning, and evaluation ➢ Identifying exemplary projects 5 Marana Regular Council Meeting 10/18/2016 Page 62 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTA - - CED77 TviDes of Monitorin Monitoring is formal and informal, financial and operational. The most common types of monitoring are: ➢ Ongoing contact with the contracted grantee through phone calls, e- mails, correspondence, and meetings ➢ On -Site and/or In -House monitoring reviews of project operations, management, and financial records and systems ➢ Review of project Quarterly Reports ➢ Review and approval of Requests for Cost Incurred (RCIs) ➢ Desk review of other documents in the project -grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount Type of Monitorin Linder $50,000 Desk Review/Phone Conference. $50,000 and over May have an In House DOHS Review $100 May have an On -Site Review Capital Outlay Greater than $25,000.00 comb _ TMay have an On-Site Review Desk Review and Internal Review of all written documentation related to agreement project including but not limited Phone Conference to agreement, quarterly reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the persons contacted and the results. Serves as an informational review to detem ne progress of programmatic/fi=g activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, DOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Prod ect Coordinator, any findings or areas of improvement, concern or recognition will be rovided to the grantee. In House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including but not limited to agreement, quarterly reports, enforcement data, financial data., e- mails, letters, notes, press releases, photographs, inventories, and other written. correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings or areas of improvement, concern or recognition will be provided to the grantee. On -Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the prof ect(s) including but not limited to agreement, quarterly reports, enforcement data., financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on -site at the grantee's agency with monitoring form completed on -site by Project Coordinator. Any findings or areas of improvement, concern, or recognition, will be provided to the g ran tee. On -site and/or In -house monitoring for grantees of designated projects with large capital outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the Agreement period. Contracted projects displaying any problems might need on -site monitoring more than once during the fiscal year. T, Marana Regular Council Meeting 10/18/2016 Page 63 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 On -site and/or In -house monitoring includes a review and discussion of all issues related to assure the effective and administration of the contracted project. The following are the most important items to review: ➢ Progress toward meeting goals /obj ectives and performance measures ➢ Adherence to the contract specifications, timely submission of complete and correct reports, including required documentation ➢ Quarterly reports ➢ Status of expenditures related to the outlined budget ➢ Accounting records ➢ Supporting documentation (training documentation, inventory sheets, photographs, press releases etc) In addition, the designated project administrator will assure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined contractual agreement. Documentation All findings will be documented on the GOHS Monitoring Form and placed in the grantee's respective state file. Findings will be discussed with the grantee designated agreement representative (project administrator, fiscal specialist) by phone and /or e -mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance with be placed on a performance plan as outlined by the project coordinator. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The Project Period shall commence on the date the DUI Abatement Council Chairman or GOHS Director in the Chairman's stead, signs the DUI Abatement Grant Agreement and terminates at the end of one year on the date as indicated on the DUI Abatement Council Grant Agreement. DITR ATInNe Agreements shall be effective on the date the DUI Abatement Council Chairman or GOHS Director in the Chairman's stead, signs the agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time period specified and needs an extension, a typed extension request shall be signed by the Project Director on the Agency's letterhead and submitted via mail or hand delivered to the Chairman of the DUI Abatement Council at the Governor's office of Highway Safety within ninety (90) days before the end of the project period. The Agency shall address all requests to modify the contract to the Chairman of the DUI Abatement Council on Agency letterhead and either hand deliver or submit the request via regular mail to the GOHS office. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the agreement. Any unexpended funds remaining at the termination of the agreement shall be released back to the DUI Abatement Fund. 7 Marana Regular Council Meeting 10/18/2016 Page 64 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTA - - C E 077 ESTIMATED COSTS: I. Personnel Services (overtime) $269336.00 II. Employee Related Expenses $064.00 III. Professional and Outside Services $0.00 IV. Travel in -State $0.00 V. Travel Out -of -State $0.00 VL Materials and Supplies $0.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$35,000.00 *Includes all applicable training, tax, freight, and advertising costs. The DUTAC reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of 40 percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Marana Police Department shall absorb any and all expenditures in excess of $35,000.00. Marana Regular Council Meeting 10/18/2016 Page 65 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 CERTIFICATIONS AND AGREEMENTS This AGREEMENT, is made and entered into by and between the STATE OF ARIZONA, by and through the oversight Council On Driving Or operating Under The Influence Abatement (DUIAC) hereinafter referred to as "STATE ", and the Marana Police Department in this Agreement, hereinafter referred to as "AGENCY". WHEREAS, the Arizona Revised Statutes (§§1303-1304), provides State funds to STATE for approved DUI Enforcement and DUI Innovative projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE; and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for State funds for approved DUI Enforcement and DUI Innovative projects; and WHEREAS, AGENCY has submitted an application for State funds for DUI Enforcement and DUI Innovative projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on -site or by telephone, during the life of the Agreement. B. AGENCY will submit Quarterly Reports (one for each three -month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Agreement. Failure to comply with Quarterly Report requirements may result in withholding of State funds or termination of this Agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Agreement. D. Representatives authorized by STATE will have the right to visit the site and inspect the work under this Agreement whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY'S Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under section XIX herein, "Termination and Abandonment". 9 Marana Regular Council Meeting 10/18/2016 Page 66 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which State funds have been claimed and reimbursement received, as may have been determined by a State audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Agreement ceases to be used in the manner as set forth by this Agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active DUI Abatement project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Agreement. D. AGENCY will incorporate any equipment purchased under this Agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Agreement for the duration of its useful life. Self - insurance meets the requirements of this section. IV. Travel In -State and out -of -State Travel In -state and out -of -state travel claims will be reimbursed at rates provided by AGENCY'S regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §35 -624 will apply. All out -of -state travel must be approved in writing in advance by STATE. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Agreement. to Marana Regular Council Meeting 10/18/2016 Page 67 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E- 077 VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. VII. Non - Assignment and Sub - Contracts This Agreement is not assignable nor may any portion of the work to be performed be sub- contracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII, work Products and Title to Commodities and Equipment A. The work product and results of the proj ect are the property of STATE, unless otherwise specified elsewhere in this Agreement. All property, instruments, non - consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Agreement, unless otherwise provided for elsewhere in this Agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Agreement. B. The provisions of subparagraph A apply whether or not the project agreed to herein is completed. Ix. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty -free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Arizona Procurement Code (ARS, §41 -2501, et. seq.) AGENCY and sub - grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS, §41 -2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Agreement. XI. Equal opportunity 11 Marana Regular Council Meeting 10/18/2016 Page 68 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -fl 77 A. Pursuant to the requirements of the Federal -Aid Highway Act of 1968 (U.S.C. §103 et. seq.), AGENCY, as a condition to receiving approval of this Agreement, hereby gives its assurance that employment in connection with the subject DUI Abatement Council Grant Project will be provided without regard to race, color, creed, sex, or national origin, and that any contract it enters into with any private agency pursuant hereto will include provisions in compliance with this paragraph (XI). As a condition of receiving approval of this Agreement, AGENCY will be subject to and will comply with Title VI of the Civil Rights Act of 1964, providing that no person in the United States shall on the ground of race, color, creed, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the subject DUI Abatement Council Grant Project. B. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE may take any or all of the following actions. 1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other arrangement with respect to which the failure or refusal occurred; and 2. Refrain from extending any further State financial assistance to AGENCY under the DUI Abatement Council Grant Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from AGENCY. C. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), AGENCY must operate this DUI Abatement Council Grant Project so that it is accessible and otherwise non - discriminatory to handicapped persons. XII. Executive order 2009 -09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009 -09, Non- Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009 -09 is located in Part II of the Project Director's Manual. XIII. Arbitration Clause, ARS §12 -1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this Agreement where the provisions of mandatory arbitration apply. XIV. Inspection and Audit, ARS §35 -214 Pursuant to ARS §35 -214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor's Office of Highway Safety. XV. Appropriation of Funds by the Arizona Legislature It is agreed that in no event will this Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the Arizona Legislature and specifically allocated to the project submitted herein by the DUI Abatement Council and then only for the fiscal 12 Marana Regular Council Meeting 10/18/2016 Page 69 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 year for which such allocation is made. In the event no funds are appropriated by the Arizona Legislature or no funds are allocated for the project proposed herein by the DUI Abatement Council for subsequent fiscal years, this Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Agreement or project that may so become null and void. XVI. Continuation of DUI Abatement Program It is the intention of AGENCY to continue the DUI Abatement Program identified in this Agreement once DUI Abatement Council funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XVII. E- Verify Both Parties acknowledge that immigration laws require them to register and participate with the E -Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. Both Parties warrant that they have registered with and participate with E- Verify. If either Party later determines that the other non - compliant Party has not complied with E- Verify, it will notify the non - compliant Party by certified mail of the determination and of the right to appeal the determination. XVIII. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty -four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Agreement and proceed to close said operations under the Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. D. AGENCY may terminate or abandon this Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. 13 Marana Regular Council Meeting 10/18/2016 Page 70 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC-E -077 XIX. Cancellation Statute All parties are hereby put on notice that this Agreement is subject to cancellation pursuant to ARS §38 -511, the provisions of which are stated below. In accordance with ARS §38 -511, this Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter or the Agreement. The cancellation shall be effective when written notice from the Governor or chief executive officer or governing body of the political subdivision is received by all other parties to the Agreement unless the notice specifies a later time. 14 Marana Regular Council Meeting 10/18/2016 Page 71 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUI - AC -E o77 AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Agreement is subject to ARS §28 -602, and all administrative regulations governing grants established by the STATE. It is expressly agreed that this DUI Abatement Grant Project constitutes an official part of the STATE's DUI Abatement Council Program and that AGENCY will meet the requirements as set forth in the accompanying DUTAC Project Director's Manual, which are incorporated herein and made a part of this Agreement. All State Statutes, Rules, Regulations, and Circulars referenced in this Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the DUI Abatement Council Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State Statutes, Rules and Regulations identified in this Agreement. Certification of Non - Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under agreement with other Federal or State fund sources which duplicate or overlap any work contemplated or described in this Agreement. It is further certified that any pending or proposed request for other Federal or State grant funds which would duplicate or overlap work described in the Agreement will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal or State funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to DOHS, Attention: Fiscal Services Officer, within thirty (30) days of the effective date of this Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act In accordance with the Buy America Act (49 U.S.C. 53230)): Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 15 Marana Regular Council Meeting 10/18/2016 Page 72 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTAC -E -077 REIMBURSEMENT INSTRUCTIONS 1. Agency Official preparing the Report of Costs Incurred: Name: 9 0 Title: Telephone Number: E -mail Address: Agency's Fiscal Contact: Name: Title: Telephone Number: E -mail Address: Federal Identification Number: REIMBURSEMENT INFORMA TION: Warrant /Check to be made payable to: Warrant /Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 16 Fax Number: Fax Number: Marana Regular Council Meeting 10/18/2016 Page 73 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT DUTA - - CEO77 Lobbying Restrictions Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: A. No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of the Arizona Legislature, an officer or employee of the Arizona Legislature, or an employee of a Member of the Arizona Legislature in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. B. If any funds other than State appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of the Arizona Legislature, an officer or employee of the Arizona Legislature, or an employee of a Member of the Arizona Legislature in connection with this State contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form, "Disclosure Form to Report Lobbying," in accordance with the Arizona Secretary of State instructions. C. The undersigned will require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients will certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. Signature of Project Director: Terry Rozema, Chief Marana Police Department Date Signature of Authorized Official of Governmental Unit: Gilbert Davidson, Town Manager Town of Marana Telephone Date Telephone 17 Marana Regular Council Meeting 10/18/2016 Page 74 of 201 DUI ABATEMENT COUNCIL Marana Police Department AGREEMENT -.. °. DUTAC -E -077 AUTHORITY & FUNDS L This Project is authorized by ARS §28-1303, and the funds authorized for this Project � have been provided for by ARS §28 -1344. The expenses are up -front under DUI Abatement Council's Enforcement program area, as approved for by the DUI Abatement Council. 2. A. EFFECTIVE DATE: B. STATE FUNDS: Authorization to Proceed Date 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the Oversight Council on Driving or Operating Under the Influence Abatement Alberto Gutier, Director Governor's Highway Safety Representative Date Marana Regular Council Meeting 10/18/2016 Page 75 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 10/18/2016 To: Mayor and Council From: Steven Vasquez, Senior Planner Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -107: Relating to Development; approving a preliminary plat for Saguaro Bloom Block 3 Lots 1 -141 and Common Area A (Open Space, Recreation, Public Utilities, Road Maintenance & Signage) and Common Area B (Open Space, Drainage, Recreation, Public Utilities, Road Maintenance & Signage) located at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive (Steven Vasquez) Discussion: Request EPS Group, Inc., on behalf of D. R. Horton, Arizona, is requesting the approval of a preliminary plat consisting of 141 lots and common areas on 39.74 acres within the Saguaro Bloom development. Location The subdivision will be located within Block 3 of the Saguaro Springs block plat (the original name of the development - it was later changed to Saguaro Bloom) at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive. Zoning The zoning for Block 3 is R -6 (Single Family Residential - minimum lot size of 6,000 square feet). The minimum lot size is 6,578.2 square feet (lot 126). The maximum lot size is 13,829.6 square feet (lots 25 and 62). The average lot size is 8,007.4 square feet. Transportation The subdivision will have two entries off Saguaro Highlands Drive along the western boundary of the subdivision. Both entries (identified as streets "A" and 7 ") have a 46 foot wide right -of -way which is typical for the subdivision's internal street section. Marana Regular Council Meeting 10/18/2016 Page 76 of 201 Park Requirement and Trail Connectivity Block 3 requires a minimum of 26,085 square feet of improved recreation area. The two active recreation areas have been planned in Common Area A located in the center of the northern portion of the subdivision (behind lots 33 through 49) and the top of the southern portion (behind lots 102 through 113). Both areas comprise of approximately 145,055 square feet or 3.33 acres. Pedestrian trails will be located within various areas of Common Areas A and B which will provide connectivity to public sidewalks outside of the subdivision and to the improved recreation areas within. Staff Recommendation: Staff has reviewed the request against the requirements of the Marana Land Development Code and the Marana General Plan. This preliminary plat is in substantial conformance with all required development regulations and design guidelines and staff recommends approval. Planning Commission Recommendation: This preliminary plat was presented to the Planning Commission on September 28, 2016, and received a unanimous recommendation for approval (6 -0, Chairman Schnee was excused). Suggested Motion: I move to adopt Resolution No. 2016 -107 approving a preliminary plat for Saguaro Springs Block 3 and Common Areas A and B located at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive. Attachments Resolution No. 2016 -107 PRV1606 -001 SB Blk 3 App PRV1606 -001 SB Blk 3 Map PRV1606 -001 SB Blk 3 PP Marana Regular Council Meeting 10/18/2016 Page 77 of 201 MARANA RESOLUTION NO. 2016-107 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR SAGUARO BLOOM BLOCK 3 LOTS 1 -141 AND COMMON AREA A (OPEN SPACE, RECREATION, PUBLIC UTILITIES, ROAD MAINTENANCE & SIGNAGE) AND COMMON AREA B (OPEN SPACE, DRAINAGE, RECREATION, PUBLIC UTILITIES, ROAD MAINTENANCE & SIGNAGE) LOCATED AT THE NORTHEAST CORNER OF TWIN PEAKS ROAD AND SAGUARO HIGHLANDS DRIVE WHEREAS, on February 18, 1997, the Mayor and Town Council adopted Ordinance No. 97 -04, approving a rezoning of the site from "C" to "R -6;" and WHEREAS, on April 6, 2004, the Mayor and Town Council adopted Resolution No. 2001 -155, approving the final block plat for Saguaro Springs, Book 58 Page 23; and WHEREAS, EPS Group, Inc., on behalf of D. R. Horton, Arizona, has applied for approval of a preliminary plat for a 141 -lot single - family residential home subdivision within Block 3 of Saguaro Bloom located at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on October 18 2016, determined that the preliminary plat for Saguaro Bloom Block 3 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Saguaro Bloom Block 3 Lots 1 -141 and Common Areas A and B located at the northeast corner of Twin Peaks Road and Saguaro Highlands Drive is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -107 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 78 of 201 MARANA =/ I \N, PLANNING TOWN OF MARANA SUBMITTAL APPLICATION Type of Application Check Ones � ❑ Annexation A Preliminary Plat ❑General Plan Amendment ❑Conditional Use Permit ❑ Rezone ❑ Final Plat ❑Landscape Plan ❑Significant Land Use Change ❑ Specific Plan U Development Plan ❑Native Plant Permit ❑Storm Water (SWPP) ❑ Variance ❑Minor Land Division ❑Native Plant Exception ❑ Other: ❑ Improvement Plan (Specify Type) General Data Required Project Names Saguaro Bloom Block 3 Parcel #(s): 216 -40 -0160 Description of Project; Lots 1 -141 Gross Area (Acres): 39.7 Project Address /Location. 9850 N. Saguaro Highlands Drive. SW1 /4 Section 18, T12S, R12E Property owner: D.R. Horton, Inc Street Address: 3584 W. Ina Road, Suite 100 Tucson Phone #: (520) 790 -6005 Authorization of Property Owner Fax 4: Contact Person: Brent Davis Email: btdavis@drhorton.com State: AZ Zip C 85741 Cell #: App'l iearnt. EPS Group, Inc Street Address: 8710 N. Thornydale Road, Suite 140 Cite: Tucson State: J Phone #: ( 408 --1400 Fax #: ( 408 -1403 gent R prey tative: Street Address: Cite: d Phone # : Fax 0 I, the undersigned, certify that all of the facts set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, ate written a h ' .'o from the owner, Benjamin Zismann 06/15/2016 Print Name of Owner / Applicant TsiW2 � Date Internal Use Onl Project No. Date Received Signature - Contact Person: Email: State: _ Zip Code: Cell : Contact Person: Ben Zismann Email: ben•zismann @epsgroupinc.com AZ Zip Code: 85742 Cell it; _P.p= a _�z.k�T o I Saguaro Bloom Block 3 �� MARANA. Lots 1.141 & Common Areas A & B ���� � � Preliminar Plat Case: PRV1606 -001 a e r. , wi ll , A request for preliminar plat approval for a w �Yf' famil residential 141 lot detached sin subdivision on 39.74 acres within Block 3 of the Saguaro Bloom development Marana Re Council Meetin 10/18/2016 Pa 80 of 201 o W ES T QUARTER CORNER OF SECTION 18 o FND 2* LCP STAMPED SEC. 1371 BT A- ISEE SHEET 4 o II I I I SEE SHEET 6 A-11 APIN 2116-4n-t-1-:50 FIND 1 18" BE Preliminar Plat for Sa Bloom Block 3 Lots I - 14 Common Area "A" (Open Space, Recreation, Public Utilities, Road Maintenance & Si & Common Area "B" (Open Space, Draina Recreation, Public Utilities, Road Maintenance & Si PRV 1606-001 M; it:n 111m. A ;;Ur);11'*;r`.;-.r) . . ........ . A 4 0 9 0 ISO �� r Scale: /-%r'r'r\%J V /A 1-3. 0 Y P. E. MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE By MARANA PLANNING DIRECTOR DATE By NORTHWEST FIRE DISTRICT DATE REF: PRV-9955 PRV 1606-001 Preliminar Plat f or I " I a ' e ; Sa Bloom Block 3 [ Ims, 1A Lots I - 14 Common Area "A" ( Open Space, Recreation, Public Utilities, Road Maintenance & Si & Common Area "B" ( Open Space, Draina Recreation, Public Utilities, Road Maintenance , Nls—ls,) Sheet No. A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY4 of Section 18, T 12S, R12E, G&SRM Town of Marana, Pima Count Arizona (EPS Pro No. 1 6-042 Date: 08/3 ,,6) of 7 1 2 07 LAMBERT LN 07 08 13 18 BOE 18 17 P1 tO LOCATION DS DR � LOCATION MAP Z o 3" = I MILE U 18 17 LOCATED IN THE SW Ya OF SECTION 18, 24 1 - 19 TWIN PEAKSR X 19 20 T12S, R12E, G&SRM,TOWN OF MARANA, PIMA COUNTY ARIZON LEGEND EXISTING immmmmmmmmmmmmmms POLITICAL BOUNDARY — — — — — — — — — PROJECT BOUNDARY RIGHT—OF—WAY CENTERLINE RIGHT—OF—WAY --- - - - - -- — — — - - - -- PROPERTY EASEMENT VEHICULAR ACCESS ESMT 100 YR FLOODPLAIN 'h h EDGE OF PAVEMENT /CURB ------ WATER SEWER SD STORM DRAIN OHE ELECTRIC PROPOSED S so SURVEY MONUMENT MAJOR CONTOUR MINOR CONTOUR EROSION HAZARD SETBACK CHANNEL FLOW DIRECTION SIGHT VISIBILITY TRIANGLE WHIA ABBREVIATIONS GENERAL NOTES: 1 . GROSS AREA OF THIS DEVELOPMENT IS ±39.74 ACRES (±1731074 S.F.) 35. ALL WEATHER ACCESS ROADS CAPABLE OF SUPPORTING THE IMPOSED LOAD OF 75,000 POUNDS AND REQUIRED FIRE 1% HYDRANTS PROVIDING THE REQUIRED FIRE FLOW SHALL BE INSTALLED, TESTED AND SERVICEABLE PRIOR TO THE MIN 2. CURRENT ZONING IS "R-15" RESIDENTIAL. INTRODUCTION OF COMBUSTIBLE MATERIALS TO THE PROJECT SITE. HP 3. THE NUMBER OF RESIDENTIAL LOTS FOR THIS SUBDIVISION IS 141. THE OVERALL DENSITY OF THIS 36. A SIGN IDENTIFYING THE NAME OF THE BUILDER, LOT NUMBERS AND ADDRESS SHALL BE POSTED IN A LOCATION ASPHALT CONCRETE ( AC SUBDIVISION IS 3.55 RESIDENCES PER ACRE. VISIBLE FROM THE FIRE HYDRANT ACCESS ROAD. THE SIGN SHALL BE MAINTAINED IN A LEGIBLE CONDITION DURING AGGREGATE BASE COURSE ( ABC ) PAD 4. THE TOTAL LENGTH OF NEW PUBLIC STREETS IS 1.2 MILES. ALL PHASES OF CONSTRUCTION BEGINNING NTH INSTALLATION OF FLOOR SLAB AND REMAINING UNTIL THE FINAL 5. THE MINIMUM ALLOWABLE LOT SIZE PER 'R-6" ZONING IS 6,000 S.F. INSPECTION. 6. THE MINIMUM LOT SIZE PROVIDED IS 6578.2 S.F. (LOT 126) 37. AN AGREEMENT FOR C ONSTRUCTION OF FACILITIES UNDER PRIVATE CONTRACT MUST BE OBTAINED BEFORE ANY AC IN ABC O N ) CtE7 L �MEAT SUBGRADE on N 7ED THE MAXIMUM LOT SIZE PROVIDED IS 13,829.6 S.F. (LOT 25, 62) UTILITIES ARE INSTALLED WITHIN THE SUBDIVISION. THE AVERAGE LOT SIZE PROVIDED IS 8007.4 S.F. 38. ALL NEW UTILITIES AND ALL EXISTING UTILITIES, EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 69 KILOVOLTS 3.0 4.0 7. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 25 FEET. OR MORE, WITHIN OR CONTIGUOUS TO THE SITE, SHALL BE PLACED UNDERGROUND. MONUMENTATION AND WALLS, ETC. WITHIN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE A LICENSE AGREEMENT FOR PAVEMENT RECOMMENDATIONS PER GEOTECHNICAL ENGINEERING EVALUATION PREPARED BY 8. PROPOSED BUILDING SETBACKS: 39. INSTALLATIONS OF ITEMS SUCH AS LANDSCAPE, HARDSCAPE, IRRIGATION, DRAINAGE IMPROVEMENTS, SIGNAGE, PROTEX PR #5608, DATED J UNE 20, 2016 AND REVISED AUGUST 16,2016 FRONT = 20' (16- W/O GARAGE FACING ABUTTING STREET) INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED AND RECORDED PRIOR TO PAVEMENT OPTIONS SIDE = 5' (STREET SIDE YARD = 10') FINAL LANDSCAPE OR IMPROVEMENT PLAN APPROVALS ALLOWING INSTALLATIONS WITHIN THE PUBLIC NOT TO SCALE REAR = 20' RIGHTS-OF-WAY. 9. PARKING PROVISIONS INCLUDE FOUR ONSITE PARKING SPACES FOR EACH LOT 40. APPROVAL OF THIS PLAN DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO TYPICAL LOT GRADING GARAGE (2 EA): 282 STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OR COMPLIANCE WITH ANY DEED RESTRICTIONS OR EASEMENTS. NOT TO SCALE DRIVEWAY (2 EA): 282 41. THE FOLLOWING ASSESSORS PARCELS ARE CONTAINED WITHIN THE BOUNDARY OF THIS DEVELOPMENT: 216-10-0160. TOTAL PROVIDED- 141 LOTS @ 4 EACH = 564 SPACES. 42. ALL HOMES CONSTRUCTED IN THIS SUBDIVISION OVER 3,600 SQUARE FEET OF AREA UNDER ROOF SHALL BE 10. SUBDIVISION AREAS: EVALUATED BY NORTHWEST FIRE DISTRICT FOR AUTOMATIC FIRE SPRINKLERS. 10' P.U. 46' RIGHT -OF - WAY 10'P.U.E. RESIDENTIAL DEVELOPMENT AREA = 25.92 ACRES 43. A MAXIMUM OF 30 DAYS BEFORE GRADING, A 100% AREA SURVEY FOR THE BURROWING OWLS WILL BE COMPLETED 12'-D ROAD COMMON AREA 'A" = 3.33 ACRES BY A QUALIFIED WILDLIFE BIOLOGIST, WITH A COPY OF THE SURVEY FORM SENT TO THE TOWN PRIOR TO THE 9 10 1 10 9 51 lo Sys ISSUANCE OF A GRADING PERMIT. (PLEASE NOTIFY JANINE SPENCER AT 520-382-2600 OR EMAIL PARKIN TRAVEL TRAVEL OPEN SPACE, RECREATION, PUBLIC UTILITIES, ROAD MAINTENANCE, & SIGNAGE JSPENCER@MARANAAZ.GOV AND ALLOW ACCESS TO PERFORM THE BURROWING OWL SURVEY, AT NO COST.) 2! LANE LANE PARKING COMMON AREA "B" 3.5+ ACRES 2% 21/ OPEN SPACE, DRAINAGE, RECREAflON, PUBLIC UTILITIES, ROAD MAINTENANCE, SIGNAGE 44. POTENTIAL BUYER ARE TO BE ADVISED THAT THIS PROJECT FALLS IN THE AIRPORT INFLUENCE AREA AND IS 1. S'SYSB PER ZONING, TOWN I SIDEWALK RIGHT-OF-WAY 6.95 ACRES SUBJECT TO FREQUENT OVERFLIGHT BY GENERAL AVIATION AIRCRAFT. AN AVIGATION EASEMENT HAS BEEN RECORDED VROLL C1 IF PAG SD 200 , OF MARANA LAND ON THIS PROPERTY PER DOCKET 12292, PAGE 6650. F.-M-1 11UN s Sys U DEVELOPMENT CODE ( TITLE 5 11. THE BASIS OF BEARINGS FOR THIS PROJECT IS THE NORTH LINE OF THE NORTHWEST QUARTER OF HAG SD 220-1 ( TYPE C,D < ? 19 SYSB REQUIRED WHERE LOT SECTION 18, TOWNSHIP 12 SOUTH, RANGE 12 EAST, AS SHOWN ON THE FINAL PLAT OF SAGUARO 45. THIS PROPERTY LIES WITHIN THE SAGUARO SPRINGS COMMUNITY FACILITIES DISTRICT. SLOPE PER PLAN: I% SUPER LTIRT or 2% CROWN ABUTS AN AD STREET SPRINGS, BLOCKS I THRU 10 & A THRU D AND LOTS 1 THRU 9 AND A AND B, AS RECORDED IN * SD 220 - 1 O WE C FOR 2% CROWN GENER SEWER NOTES: MAGSD2?0-I 1% SUPER __F_ BOOK 58 OF MAPS AND PLATS, PAGE 23, SAID BEARING BEING 118947'511. // 12. THE BASIS OF ELEVATION FOR THIS PROJECT IS PIMA COUNTY/CITY OF TUCSON DOT GEODETIC 1. ALL DESIGN STANDARDS, MATERIALS AND WORKMANSHIP FOR PUBLIC SANITARY SEWERS SHALL BE IN ACCORDANCE TYPICAL ROADWAY SECTION CONTROL POINT "JOY, A PK NAIL IN ASPHALT IN LAMBERT LANE, EAST OF PORTLAND AVENUE, WITH THE PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT (PCRWRD) ENGINEERING DESIGN NOT TO SCALE STREET SAID ELEVATION BEING 2084.52 (NAVD88). STANDARDS 2016 (EDS 2016) AND THE STANDARD SPECIFICATIONS AND DETAILS FOR CONSTRUCTION 2016 (SSDC 13. DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS HARMLESS 2016). SAID DOCUMENTS ARE AVAILABLE THROUGH THE PCRWRD WEBSITE (WWW.PIMA.GOV/WASTEWATERRECLAMAflON). IN THE EVENT OF FLOODING. 2. ANY CONSTRUCTION ACTINTY HAVING THE POTENTIAL TO DAMAGE EXISTING PUBLIC SANITARY SEWERS OR ANY 14. DRAINAGE WILL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE ACTIVITY THAT REQUIRES MATERIALS OR EQUIPMENT TO ENTER EXISTING PUBLIC SANITARY SEWERS SHALL REQUIRE A MARANA TOWN COUNCIL. PIMA COUNTY RWRD SEWER CONSTRUCTION PERMIT PRIOR TO COMMENCING THAT ACTIVITY. TYPICAL LOT SETBACKS 15. DRAINAGEWAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE 3. SEWER CONSTRUCTION SHALL NOT COMMENCE UNTIL: (A) THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY LOT 11 milli I' MIN _ LOT NOT TO SCALE OF ANY PERMITS FOR LOTS AFFECTED. (ADEQ) OR ITS DELEGATED AUTHORITY HAS ISSUED A CONSTRUCTION AUTHORIZATION FOR THIS PROJECT; (8) THE CONTRACTOR HAS OBTAINED A PCRWRD PUBLIC SEWER CONSTRUCTION PERMIT (CONTACT THE PCRWRD PERMITS VARIES B VARIES 16. HOMEOWNER'S ASSOCIATION WILL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE, SECTION AT (520) 724-6649 FOR PERMIT APPLICATION REQUIREMENTS); (C) THE CONTRACTOR'S FLOW MANAGEMENT I PATIO WALL CONTROL, SAFETY AND LIABILITY OF PRIVATE DRAINAGEWAYS, DRAINAGE EASEMENTS AND COMMON PLAN HAS BEEN SUBMITTED THIRTY (30) CALENDAR DAYS PRIOR TO THE PRE-CONSTRUCTION MEETING AND 22 AREAS. APPROVED BY PCRWRD FIELD ENGINEERING; AND (D) A PRE-CONSTRUCTION MEETING WITH THE ASSIGNED PIMA RIPRAP , FILTER FABRIC , 17. THE DESIGN SPEED FOR ALL RESIDENTIAL STREETS IS 25 MPH. THE DESIGN VEHICLE WILL BE COUNTY PROJECT FIELD INSPECTOR IS SCHEDULED AT LEAST THREE (3) FULL BUSINESS DAYS PRIOR TO 6!' D,, THICK WB-40. COMMENCING WITH SEWER CONSTRUCTION. POST BARRICADE TOEDOWN Itt:PAG SO 106 TYPE A WILL 18. APPROVED IMPROVEMENT PLANS L BE REQUIRED PRIOR TO FINAL PLAT APPROVAL. 4. THE CONTRACTOR SHALL SUBMIT A FLOW MANAGEMENT PLAN (FMP) TO PCRWRD FIELD ENGINEERING FOR APPROVAL vil"" 19. THE USE OF THIS PLAT IS FOR SINGLE FAMILY DETACHED RESIDENTIAL. BEFORE PROCEEDING WITH ANY WORK THAT MAY AFFECT LIVE SEWERS. THE FMP SHALL IDENTIFY AND INCLUDE ALL 20. SAGUARO HIGHLANDS DRIVE IS THE NEAREST PAVED ACCESS MAINTAINED BY THE TOWN OF FLOW MANAGEMENT COSTS IN THE CONSTRUCTION BID. THE FMP SHALL BE SUBMITTED THIRTY (30) CALENDAR DAYS MARANA, WHICH SERVES THIS SUBDIVISION. PRIOR TO THE SEWER PRE - CONSTRUCTION MEETING. FIELD ENGINEERING WILL REVIEW THE FMP WITHIN TEN (10) BUSINESS DAYS TO ACCOMMODATE REVIEW AND REVISION CYCLES. REFER TO PCRWRD SSDC 2016, SECTION 2 FOR 21. MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH FMP REQUIREMENTS. PLEASE CONTACT PCRWRD FIELD ENGINEERING AT (520) 724-2651 FOR ANY QUESTIONS CHANNEL DETAILS S' TRANSITION 10' \4� A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES REGARDING FLOW MANAGEMENT. BOTTOM FLOW DEPRESS CURB & SLOPE TOWARD BACK HAG SO 220 TYPE C ABOVE FINISH GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO SECTION 4.8 OF THE 5 THE CONTRACTOR SHALL FURNISH, OPERATE AND MAINTAIN ALL EQUIPMENT AND LABOR NECESSARY TO PROVIDE CHANNEL SIDE WIDTH RIPRAP DEPTH SLOPE 0100 VELOCI FREEBOARD MATCH STREET CROSS SLOPE . TOWN OF MARANA SUBDIVISION STREET STANDARDS. CONTINUOUS 24 HOURS PER DAY SANITARY SEWER SERVICE TO ALL PARTIES TRIBUTARY TO A LIVE SEWER TO WHICH SLOPE (FT) D50 (IN) (FT) (FT/FT) (CFS) (FPS) (FT) 12:1 MAX SLOPE 22. ALL WEATHER ACCESS WILL BE PROVIDED TO ALL LOTS WITHIN THIS SUBDIVISION. A CONNECTION IS TO BE MADE. THE PCRWRD CONVEYANCE DIVISION SHALL BE NOTIFIED AT (520) 724-3400 A 1 31 a 6 1.4 0.01 37.7 2.2 0.6 23. ALL DRAINAGEWAYS AND DRAINAGE STRUCTURES SHOWN AND LABELED AS SUCH UPON THIS PLAN, MINIMUM OF TWO (2) BUSINESS DAYS PRIOR TO COMMENCING ANY CONSTRUCTION ACTINTIES THAT IMPACTS THE 2 3:1 8 6 1.4 0.01 40.1 2.3 O.fi DEPRESSED CURB OUTLET WHICH ARE TO BE CONSTRUCTED IN CONJUNCTION WITH THE DEVELOPMENT OF THIS PROJECT, WILL FLOW WITHIN A LIVE SANITARY SEWER SYSTEM OR INVOLVES CONNECTING TO A LIVE SANITARY SEWER. SEE PCRWRD 3 3:1 5 6 1.3 0.01 22.8 1.9 0.7 NOT TO SCALE ENTIRELY CONTAIN THEIR RESPECTIVE 100 YEAR FLOOD LIMITS UPON COMPLETION OF SSDC 2016, SECTION 2 FOR MORE INFORMATION. - ------ F _ CONSTRUCTION, UNLESS CLEARLY LABELED OTHERWISE. 6. THE INSPECTION OF THE CONTRACTOR'S WORK BY AN AGENCY AND/OR PCRWRD STAFF SHALL IN NO WAY RELIEVE 4 . 3:1 1 10 1 6 . 1.4 0.01 43. , 23 06 24. ALL NEW PUBLIC ROADS AND DRAINAGE IMPROVEMENTS ON OR ADJACENT TO THIS DEVELOPMENT THE CONTRACTOR OF THE RESPONSIBILITY FOR COMPLIANCE NTH THE REQUIREMENTS OF THE APPROVED CONTRACT SHALL BE CONSTRUCTED TO MINIMUM TOWN OF MARANA STANDARDS, IN ACCORDANCE WITH PLANS DOCUMENTS. IF THE DESIGN ENGINEER OR PCRWRD STAFF FAIL TO POINT OUT A DEFECT, DEFICIENCY OR ERROR IN ACCEPTED BY TOWN OF MARANA ENGINEER. THE WORK FROM LACK OF DISCOVERY OR ANY OTHER REASON, IT SHALL IN NO WAY PREVENT LATER REJECTION OR 25. ONSITE SANITARY SEWERS WILL BE PUBLIC AND WILL BE DESIGNED AND CONSTRUCTED TO PIMA RELIEVE THE CONTRACTOR OF PERFORMING CORRECTIONS TO THE UNSATISFACTORY WORK WHEN DISCOVERED. THE TRAPEZOIDAL CHANNEL COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT STANDARDS. CONTRACTOR SHALL NOT FILE A CLAIM FOR LOSSES SUFFERED DUE TO ANY NECESSARY REMOVALS OR REPAIRS NOT TO SCALE 26. THE REQUIRED OFF-SITE PUBLIC SANITARY SEWER LINE WILL BE DESIGNED AND CONSTRUCTED TO RESULTING FROM THE UNSATISFACTORY WORK. PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT STANDARDS. 7. SEWER PLANS THAT BEAR THE PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT (DSD) APPROVAL STAMP OR THE 27. ALL ONSITE SANITARY SEWERS WILL BE DESIGNED TO PROVIDE GRAVITY FLOW. PIMA COUNTY RWRD ACCEPTANCE SIGNATURE SHALL ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER FACILITIES. APPROVED PLANS REQUIRING DESIGN REVISIONS SHALL BE RESUBMITTED TO PIMA COUNTY DSD OR GENERAL SEWER NOTES ( CONT. ) : 28. CONSTRUCTION AUTHORIZATION FROM THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY RWRD (AS APPROPRIATE) FOR REVIEW AND RE-APPROVAL PRIOR TO START OF THE REVISED SEWER WORK. 17. NEW PUBLIC SANITARY SEWER FACILITIES MUST BE TESTED, INSPECTED AND AUTHORIZED FOR 22. PLANTING WITHIN PUBLIC SEWER EASEMENTS SHALL ONLY BE ALLOWED WITH SPECIAL APPROVAL. IS REQUIRED BEFORE BEGINNING ANY WORK ON THIS PROJECT. APPROVAL OF THIS DEVELOPMENT 8. ANY SEWER CONSTRUCTION WORK THAT IS NOT INCLUDED IN THE APPROVED SEWER PLANS WILL NOT BE ACCEPTED DISCHARGE BY PCRWRD AND ADEQ, OR IT'S DELEGATE, PRIOR TO DISCHARGING INTO THE EXISTING TREES WITH BRANCHES OR ROOTS HAVING THE POTENTIAL TO EXTEND INTO PUBLIC SEWER PLAN DOES NOT CONSTITUTE CONSTRUCTION AUTHORIZATION. BY PCRWRD. SEE PCRWRD SSDC 2016, SECTION 1.4.5 REGARDING THE APPROVAL OF FIELD CHANGES. PUBLIC SANITARY SEWER SYSTEM. EASEMENTS SHALL BE AVOIDED. IN SPECIAL CASES, WHERE THE PUBLIC SEWERS MUST BE LOCATED 29. NO PERMITS SHALL BE ISSUED FOR ANY PERMANENT STRUCTURES TO BE BUILT WITHIN THE PUBLIC 9 IMMEDIATELY REPORT ANY OF THE FOLLOWING TO THE PCRWRD OPERATIONS CONTROL CENTER (OCC) AT (520) 18. THE CONTRACTOR SHALL COMPLY NTH APPLICABLE OCCUPA TIONAL SAFETY AND HEALTH OUTSIDE PAVED OR STABILIZED AREAS, LANDSCAPING AND PLANTING SHALL ADHERE TO GUIDELINES SEWER EASEMENTS SHOWN HEREON WITHOUT SEPARATE WRITTEN AUTHORIZATION FROM THE PIMA ADMINISTRATION (OSHA) REGULATIONS AT ALL flMES. IN PCRWRD EDS 2016, SECTION 7.7 AND PCRWRD SSDC 2016, DETAIL NO. RWRD 111. COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT. 724-3400- ANY RELEASE OF SEWAGE, ANY DAMAGE TO THE PUBLIC SANITARY SEWER SYSTEM, OR THE DROPPING OF DEBRIS INTO A PUBLIC SANITARY SEWER MANHOLE. A PCRWRD REPRESENTATIVE WILL BE DISPATCHED TO THE 19. PRIOR TO THE INSTALLATION OF SANITARY SEWERS, ALL ROUGH GRADING, INCLUDING FILL, 23. ALL STORM WATER POLLUTION PREVENTION PLAN (SWPPP) MEASURES SHALL BE INSTALLED TO 30. ALL LANDSCAPING WITHIN THE PUBLIC SEWER EASEMENTS SHOWN HEREON SHALL BE IN SITE. THE CONTRACTOR SHALL TAKE IMMEDIATE ACTION TO CONTAIN A SANITARY SEWAGE OVERFLOW (SSO). THE BE COMPLETED TO A MINIMUM OF 4 FEET OVER THE TOP OF THE SEWER PIPE. BEDDING, SHADING, PREVENT ALL STORM WATER, CONSTRUCTION WATER, FUELS, CHEMICALS, LIQUIDS, OR OTHER ACCORDANCE WITH THE PLANTING GUIDELINES CONTAINED WITHIN THE CURRENT ADOPTED REGIONAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS TO REPAIR THE SYSTEM, MITIGATE THE RELEASE OF SEWAGE, AND TRENCH BACKFILL COMPACTION SHALL BE PERFORMED IN ACCORDANCE WITH PCRWRD SSDC CONTAMINANTS, FROM BEING DIRECTED INTO OR ONTO ANY SANITARY SEWER FACILITIES. WASTEWATER RECLAMATION DEPARTMENT DESIGN STANDARDS. DISINFECT THE RELEASE AREAS, AND ANY REGULATORY PENALTIES LEVIED ON PCRWRD FOR SEWAGE ENTERING A 2016, DETAIL NO. RWRD 104, OR AS SHOWN ON THE PLANS. SHOULD GROUND WATER OR PROTECTION OF SANITARY SEWER FACILITIES SHALL BE A PART OF THE APPROVED CONSTRUCTION 31. SPECIAL CARE SHALL BE TAKEN TO ENSURE DESIGN SLOPES ARE MAINTAINED. SEWERS NATURAL DRAINAGE WAY OR STORM WATER DRAINAGE SYSTEM. THE CONTRACTOR SHALL REPAIR ALL DAMAGE AS UNANTICIPATED SOIL CONDITIONS BE ENCOUNTERED, THE BEDDING SHALL BE MODIFIED BY THE SWPPP AND BEST MANAGEMENT PRACTICES. PROTECTION DEVICES SHALL BE INSTALLED AND CONSTRUCTED AT INSUFFICIENT SLOPES WILL NOT BE ACCEPTED BY PCRWRD FIELD ENGINEERING DIRECTED AND APPROVED BY THE PCRWRD FIELD REPRESENTATIVE. DESIGN ENGINEER AND APPROVED BY THE PCRWRD FIELD ENGINEER. WHEN THE NEW SEWER IS MAINTAINED AROUND ALL POTENTIALLY AFFECTED SANITARY SEWER FACILITIES WITHIN THE PROJECT AND/OR ADEQ. CORRECTIVE ACTION, INCLUDING RE- CONSTRUCTION OF THE SEWER(S), WILL BE AT 10. THE CONTRACTOR SHALL CONTACT 'ARIZONA 811"(DIAL 811 OR 1-800-782-5348) A MINIMUM OF TWO (2) BUSINESS LOCATED WITHIN A PUBLIC SEWER EASEMENT, COMPACTION OF BACKFILL SHALL BE IN ACCORDANCE LIMITS. ADDITIONAL MEASURES SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE USE OF RAIN THE SOLE EXPENSE OF THE PROJECT OWNER/CONTRACTOR. DAYS PRIOR TO COMMENCING CONSTRUCTION ACTIVITIES. THE CONTRACTOR SHALL KEEP ALL UNDERGROUND FACILITY WITH THE CONSTRUCTION DOCUMENTS OR AS OTHERWISE DIRECTED BY PCRWRD. WHEN THE NEW STOPPERS AND MANHOLE COVERS AS DEEMED NECESSARY BY PCRWRD. 32. THE CONTRACTOR SHALL ADJUST OR RECONSTRUCT ALL SANITARY SEWER MANHOLES TO FINISHED LOCATION REQUESTS UP-TO-DATE AND COMPLY WITH ARIZONA REVISED STATUTES (A.R.S.), flTILE 40, CHAPTER 1, SEWER IS LOCATED WITHIN RIGHT-OF-WAY, COMPACTION OF BACKFILL SHALL BE IN ACCORDANCE 24. ALL PROJECT ACTIVITIES MUST BE KEPT WITHIN THE PROJECT AREAS. CONCERNING HUMAN BURIAL GRADE. ALL FRAMES AND COVER ADJUSTMENTS SHALL BE IN ACCORDANCE WITH PCRWRD SSDC ARTICLE 6.3, SECTION 40-360.22. CONCERNS REGARDING THE ACCURACY BETWEEN THE UNDERGROUND FACILITY WITH THE RIGHT-OF-WAY AGENCY HAVING JURISDICTION. REMAINS, ARCHAEOLOGICAL CLEARANCE RECOMMENDATIONS DO NOT EXEMPT THE DEVELOPMENT 2016, DETAIL NOS. RWRD 211, 212, 304 OR 305 (AS APPLICABLE). THE CONTRACTOR SHALL MARKINGS AND THE PROJECT PLANS SHALL BE IMMEDIATELY REPORTED TO THE DESIGN ENGINEER. 20. SANITARY SEWER CONSTRUCTION SHALL START AT THE LOWEST DOWNSTREAM POINT AND PROCEED FROM COMPLYING WITH STATE BURIAL PROTECTION LAWS. IN THE EVENT THAT HUMAN REMAINS, PROTECT THE BENCH AND FLOW CHANNELS WITH A COVER PER PCRWRD SSDC 2016, DETAIL NO. 11. CONTRACTOR SHALL MAINTAIN ACCESS TO ALL SANITARY SEWER MANHOLES AT ALL TIMES. UPSTREAM, REGARDLESS OF THE STATIONING SHOWN ON THE PLANS. IF CONSTRUCTION CANNOT BE INCLUDING HUMAN SKELETAL REMAINS, CREMATIONS, CEREMONIAL OBJECTS OR FUNERARY OBJECTS, RWRD 306. PRIOR TO COMMENCING ANY WORK TO THE MANHOLE AND REMOVE THE COVER AFTER 12 THE CONTRACTOR SHALL FIELD-VERIFY EXISTING SEWER LINE ELEVATIONS AND ALIGNMENTS PRIOR TO CONSTRUCTION. PERFORMED IN THIS MANNER, THE CONTRACTOR SHALL PROVIDE AN OUT-OF-SEQUENCE LETTER ARE FOUND DURING EXCAVATION OR CONSTRUCTION, GROUND DISTURBING ACTIVITIES MUST CEASE . ALL WORK IS COMPLETED. THE CONTRACTOR SHALL ENSURE THAT FRAMES AND COVERS ARE VERIFICATION MAY REQUIRE POT-HOLING. FOR APPROVAL BY THE PCRWRD FIELD ENGINEER PRIOR TO THE START OF SEWER CONSTRUCTION. IN THE IMMEDIATE VICINITY OF THE DISCOVERY. ARIZONA STATE LAWS AIRS 41-844 AND 41-865 CLEAN AND FREE FROM ANY AND ALL ATTACHED MATERIALS (ASPHALT, CONCRETE, ETC.) AND 21. THE HORIZONTAL AND VERTICAL SEPARATION BETWEEN PUBLIC WATER MAINS AND PUBLIC SEWER REQUIRE THAT THE ARIZONA STATE MUSEUM BE NOTIFIED OF THE DISCOVERY AT (520) 621-095 THAT ALL VENT HOLES ARE OPEN AND CLEAR OF OBSTRUCTIONS, AS APPROVED BY THE PCRWRD 13. ANY HOUSE CONNECTION SEWER (HCS) OR BUSINESS CONNECTION SEWER (BCS) LINES ENCOUNTERED DURING So THAT CULTURAL GROUPS WHO CLAIM CULTURAL OR RELIGIOUS AFFINITY TO THE REMAINS CAN FIELD ENGINEER. EXISTING FRAMES AND/OR COVERS THAT ARE DAMAGED OR CANNOT BE CONSTRUCTION SHALL BE PROTECTED, REPAIRED, OR REROUTED, AS THE SITUATION DICTATES, PER PCRWRD SSDC LINES SHALL COMPLY WITH ARIZONA ADMINISTRAflVE CODE (A.A.C.) R18-5-502 AND PCRWRD SSDC MAKE APPROPRIATE ARRANGEMENTS FOR THE REPATRIATION AND REBURIAL OF THE REMAINS. THE 2016, DETAIL NO. RWRD 108. COMPLETELY CLEANED SHALL BE REPLACED WITH A NEW FRAME AND COVER IN ACCORDANCE WITH 2016 DETAIL NO. RWRD 400 AND AT NO EXPENSE TO THE PROPERTY OWNER OR PCRWRD. HCS AND BCS LINES ARE HUMAN REMAINS WILL BE REMOVED FROM THE SITE BY A PROFESSIONAL ARCHAEOLOGIST PENDING PCRWRD SSDC 2016, DETAIL NO. RWRD 213 - 218. COSTS ASSOCIATED WITH EXISTING FRAMES NOT OWNED OR MAINTAINED BY PCRWRD. PRIVATE CONNECTION SEWERS CONSTRUCTED PRIOR TO JANUARY 2006 CONSULTATION AND REVIEW BY THE ARIZONA STATE MUSEUM AND THE CONCERNED CULTURAL AND COVERS THAT ARE LOST OR DAMAGED DUE TO THE CONTRACTOR'S OPERATIONS SHALL BE ARE NOT REQUIRED TO BE LOCATED AND MARKED. GROUPS. THE RESPONSIBILITY OF THE CONTRACTOR. 14. SURVEY La and surve control shall be performed b OR UNDER, THE DIRECT SUPERVISION OF an arizona RLS. REF: PRV-9955 PRV 1606-001 33. THE WATER COMPANY THAT WILL SERVICE THIS SUBDIVISION IS MARANA WATER. 15. SURVEY CUT SHEETS SHALL BE PREPARED IN ACCORDANCE WITH PCRWRD SSDC 2016, SECTION 3.2.3(A)(i). OWNER/DEVELOPER. ENGINEER. Preliminar Plat for Scale: N/A 34. FIRE FLOW FOR THIS SUBDIVISION SHALL BE A MINIMUM OF 1000 GALLONS PER MINUTE FOR A CERTIFIED CUT SHEETS SHALL BE SUBMITTED TO THE PCRWRD FIELD ENGINEER PRIOR TO COMMENCEMENT OF SEWER (Contm, InceNal: N/A MINIMUM DURATION OF 2 HOURS. FIRE HYDRANTS SHALL BE LOCATED WITH AN AVERAGE SPACING CONSTRUCTION. CUT SHEETS ARE FOR PCRWRD REFERENCE ONLY AND SHALL NOT DELAY SEWER CONSTRUCTION DUE FICA' Sa Bloom Block 3 NO GREATER THAN 500 FEET AND NO GREATER DISTANCE THAN 250 FEET FROM ANY POINT ON A TO REVIEW OF THE DELIVERABLE. ANY ERRORS OR OMISSIONS RESULTING IN IMPROPER SEWER CONSTRUCTION SHALL D•R•HORMN' 2 Lots I - 141, Common Area "A" ( Open Space, Recreation, Public Utilities, STREET OR FIRE APPARATUS ACCESS ROAD TO A FIRE HYDRANT. BLUE REFLECTIVE STREET NOT BE THE RESPONSIBILITY OF PCRWRD. REFER TO PCRWRD SSDC 2016, SECTION 3.2.3(A)(H) FOR CONSTRUCTION _ 5319 P E P S a L Road Maintenance & Si & Common Area "B" ( Open Space, Draina MARKERS SHALL BE PERMANENTLY AFFIXED TO THE STREET SURFACE APPROXIMATELY 8 FEET SURVEY STAKING REQUIREMENTS. GROUP BENNETT Recreation, Public Utilities, Road Maintenance & Signage) Sheet No. FROM THE CURB NEAREST THE HYDRANT. 16. THE DEVELOPER OR CONTRACTOR SHALL RETAIN AN ARIZONA-REGISTERED LAND SURVEYOR (RLS) FOR PREPARATION A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in P OF THE SEWER AS-BUILT PLANS. SEWER AS-BUILT PLANS SHALL CONFORM TO SSDC 2016, SECTION 1.4.7 AND ARE D.R. HORTON, ARIZONA 3580 WEST INA ROAD, STE 100 8710 N <11 s A. ' 'Ie Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY4 of h' 'm X .`'EL.„ � REQUIRED FOR FINAL ACCEPTANCE OF SEWER CONSTRUCTION BY PCRWRD. THE DEVELOPER OR CONTRACTOR SHALL . Th + ornydiale Rd, Suite 140 3 Section 18,7`12S, R12E,G&SRM 2 SUBMI TWO FULL-SIZE COPIES, AND AN ELECTRONIC VERSION, OF THE AS-BUILT SEWER PLANS TO THE PCRWRD TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marana. Pima Count Arizona FIELD ENGINEER. ATTN: BRENT DAVIS T:520.408.1400 I F:520.408.1403 Drawn y : FA H 06/16 1 1 of 7 PH: (520) 790-6005 w w w . e p s g r a u p I n c. C 0 m D e si g ned b FAH 06/16 (EPS Pro No. 16-042 Daze: 08/31/16) 20' PUBLIC WATER EASEMENT EX MH 2644-42 ,LEX OM+-I SIGNS BOOK 58, PAGE 28 EX MH 3484-11 F -, l 12 EX RI-I SIGN EX W11-2 W16-7 SIGNS 12 2" BRASS DISK - 2" BRASS DISK EX MH 2 44-43 HORIZONTAL: 149 CONTOUR INTERVAL: I' WATER MAIN KEYNOTES: (* NOT USED ON THIS SHEET) E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT ONMH 2 2 0 674-46_�' 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT 3 REMOVE CONCRETE/MECHANICAL PLUG FROM SIN INVERT PER FINAL SS PLANS EX 12" PVC WATER MAIN PIP a 4 CONNECT TO EX 12" WATER MAIN WITH NEW 8" WATER MAIN H 1 5 DEPRESSED CURB OUTLET, SEE DETAIL F, SHEET 2 30' SEWER EASEMENT BY FINAL PLAT 5 SF NEW FIRE HYDRANT ASSEMBLY REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN 6-7p SIGNS 12804. 25' EHS 10848.7 SF 9 PROPOSED WATERLINE CX "ING ENTRANCE TO BE REMOVED ) CENTERLINE 847 P_� 1 CA "B" EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) 904 Ac 13] INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 8633.2 SF 7.:,:: NEW STORMDRAIN MANHOLE EX 8" PVC WATER MAIN 2, 7 H 3 NEW CATCH BASIN PER PAG SO 307, TYPE I 5 �2�.D - ' Q E> NEW CATCH BASIN PER PAG SID 309, TYPE + 8633.2 SF 5' CONCRETE SIDEWALK PER PAIS SO 200 V.- 9nT4 4n 2� (EO7� CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SO 207 6 P_ LH (E20) 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SO 220-1 8633.2 SF 32 CB-3 8634-5 SF 86Z,3.2 SF\ 86 CFS PAD-7 30 SEWER MANHOLE TABLE SEWER PIPE TABLE EX R4 7 SIGN 33 PIPE 08 MANHOLE DETAILS PIPE LENGTH 2oB0437 9-SF c(Tv AD-78 60� 228.57 LF NEW 8" PVC Pipe \ 16. 30 2074.90 RIM 03 68.10 LF NEW 8' PVC Pipe 18597 LF NEW 8" PVC Pipe 2" BRASS D PAD=T7.70 9059.0 SF 206064 IW OUT uq PUBLIC SEWER @ 0.60% PAD=78.90 2075.48 RIM 177.07 LF NEW 8" PVC Pipe 2079 10 05 MH 03 2065.58 IW IN FD�EEXX Rj�-1 SIG 06 177.07 LF NEW 8" PVC Pipe PA PUBLIC SEWER 0 0.70% 9 2 76.4 RIM 12 EX R4-7 Sl� 01 MH 04 2 IW IN b2b2.4 SF 206670 IW OUT 119.66 LF NEW 8" PVC Pipe 324.89 LF NEW 8"PVC Pipe 2078.67 RIM 37.51 LF NEW - -C pipe 0.572 A, P 2069.20 IW OUT 9153.3 SF 2076.04 RIM 10' 10 MH 08 2062.56 IW IN 2062.46 IW OUT IP 06 40.4 SF I 27 LAYER INV UP SIZE LENGTH SLOPE INIV OUT 43304.9 SF TYP� n 8124.3 SF 8633.2 SF� - RECREATION AREA P-2 2075.25 24" 172.0' 0.60% 2072.13 8459.0 SF E 39 08 1 SF 0.0 Ac PRV 1606-001 REF: PRV-9955 SEE SHEET 4 SEE SHEET 5 OWNER/DEVELOPER. ENGINEER. Preliminar Plat for V Sa Bloom Block 3 [ 1.11,117 1 FICA 111-111-HOMIN' 53192 Lots I - 14 1, Common Area "A" (Open Space, Recreation, Public Utilities, E P S C-RY PML Road Maintenance & Si & Common Area "B" (Open Space, Draina GROUP . ENNETr Recreation, Public Utilities, Road Maintenance � gnge) Sheet No. D.R. HORTON, ARIZONA I S A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in OA'A u-S Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY4 of 3580 WEST INA ROAD, STE 100 8710 N. Th.rn Rd, Suite 140 es ' 3 TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marana. Pima Count Arizona PH: (520) 790-6005 www. eps p IL . com 06/16 (FF_ProjectNol6-042 Date: 08 31/16 J[Desi b FAH _ R MAI X 8" WATEI X 8.' WATER MAI�l WATER MAIN EX 412" 2" BRASS DISK 39' 39' 1/2 R/W R/W > F- LIP 12 X R - 7 S I GN b10 M V) 12 EX W11 -2 W16 -7P SIGNS \ 2" BRASS DISK zzzzz/� EX Rl-I SIGN 2082.6E 12 EP I A 11 -B'H t2 EX W11 -2 W16 -7 SIGNS 12 51 1 3.7 SF 91) Ac -------------------- 7 SEE SHEET 3 7846.5 SF MH 6 R590 120,0 12 20 X 0 \1-1\ 8633.2 SF ryl 3 39 2 31 .2' 6 607 40 C 40 80 �34,0' F FEET HORIZONTAL: If PIPE 7 - -41 4 42 4 43 KEYNOTES: (• NOT USED ON THIS SHEET) 8448.0 SF MH 7 40 M 80613.5 SF 7 7200.0 SF � �j 7200.0 I - E E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT 124,4' GB 8011.1 SF T TY M 7 2076.93 ❑ 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT 8 9 111R ' - 69,1' - 6 60.0 A 60 D F CONNECT TO EX 12' WATER MAIN WITH NEW 8" WATER MAIN TYPES W NEW FIRE HYDRANT ASSEMBLY R53' MH 30 R 60.0' 66,6"-"-� 45.0' P - - - REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN 4 - L°38.4' 2 220 2 207 - N o o EXISTING ENTRANCE TO BE REMOVED PIPE 30 2 2 Y YPE D Efl EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) 15 2 19 - 6 7 2.0% E H INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS 12529.1 SF 1 16 18 1 7176 ' ST 1 1 16 1 1 1 C C) NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 10376.1 S SF C CA "A" I « « 3A NEW CATCH BASIN PER PAG SID 307, TYPE I 0.050 A AC (36 NEW CATCH BASIN PER PAG SID 309, TYPE 4 15,4' 60.0 L L 2 200 5' CONCRETE SIDEWALK PER PAG SID 200 CA 111311 ( (K7) CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SID 207 24923.3 S 1062'� � �n n f f?n 7'- 40 � 2079.70 2 220 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SID 220-1 0.572 Ac' - Ln 56 I IF E 12 M. I I' EWER MANHOLE TABLE SEWER PIPE TABLE 54 P V) MANHOLE D DETAILS: P PIPE LENGTH CB-7 M T, 2078.67 RIM 119.66 LF NEW 8" PVC Pipe U1 P so 52 � 74 S 2 MH 06 2 2069.30 INV IN 0 PUBLIC SEWER 0 1.00% 71925 SF 7 �j FP M MH 14 M MH 12 2 MH 07 2 2070.50 INV OUT - - 3 2 M MH 15 2 79.23 2 MH 11 2 2065.3 NV N - 119.65 LF NEW 8" PVC Pipe 3B M 1 2 MH 12 2 206685 INV IN 1 15 PUBLIC SEWER ®1.519. 1W M 9 2 MH 13 2 2079.86 RIM P PUBLIC SEWER ® 1.007 L P PIPE 15 81719.2 SF 9 MH 14 2 2081.01 RIM 93.30 LF NEW 8" PVC Pipe EX OM4-I 2 32 2 MH 15 2 2081.87 RIM 7369.2 SF 1 16 7�H 1 16' - - - 5 55.0' 5 55V 5 55.0' 5 55,0' - - - - 55.0' M 2072.09 INV OUT 220 TYPE I LJ 200 2 MH 30 2 2079.02 RIM 7370.0 100 SF 1 LJ 102 1 103 1 104 1 105 1 106 - - MH 31 2082.35 RIM 2073.22 INV OUT 134.0' I 6578.3 SF 6600.0 S SF 6 6600.0 SF 6 6600.0 SF 0 00.0 SF 8 S STORMDRAIN PIPE TABLE 99- - -2 J77, 0 0 2 2 11 - 7 7 �- 5,0 4 - E 22a �22 P 0 P PIPE INV UP SIZE LENGTH SLOPE INV OUT P-7 2076.84 18" 33.0' 1 1.00% 2076.51 134,0" lq S 4 0 h �5 5 P-8 2076.01 24" 230,0' 1 0.50% 9074.88 �2083 60 98 PIPE 16 G GB or. P o SEE SHEET 6 OWNER/DEVELOPER. ENGINEER. Preliminar Plat for F,C4 Sa Bloom Block 3 ['I'. Im,rv e: r a17 l 111•IIII•HORKIN' 53C4 Lots I - 14 1, Common Area "A" (Open Space, Recreation, Public Utilities, PRO (*,w E P S -R L Road Maintenance & Si & Common Area "B" (Open Space, Draina y GROUP B . ENNETr Recreation, Public Utilities, Road Maintenance & Signage) Sheet No. A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in P . D.R. HORTON, ARIZONA e Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY of 3580 WEST INA ROAD, STE 100 8710 N. Thorr Rd, Suite 140 3 Section 18, T12S, R12E, G&SRM 4 E TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marano, Pima Count Arizona ATTN: BRENT DAVIS 7:520.408.1400 F::520.408.1403 Drawn : FAH 06/16 LH (520) 790-6005 w w w . e p s g r o u p i n c c o m j Designe 06/11 ff� P r o ject Nc 16�-042 Date: 08/3 1 /1 7 Re,uhr Dj,i,,I Meli,, 11111312016 P 3a 1111 n C 4 SEE SHEET 5 32 103 104 105 106 1\07 - 108 109 110 111 1.3 SF 6600.0 SF �j 6600.0 SF �c'� 6600.0 SF �j 6600.0 SF J600.0 SF 66600.60 6600.0 SF 6600.0 �SF 6600.0 T' P E C -,-, �, I - 1-1 1-1 ��220 [7 B -13- 2 677 55�0' 55.0' 4707� 55.0' 7�1 5701 5.0" 40 0 40 80 - SCALE FEET bw HORIZONTAL: 1-49 Street CONTOUR INTERVAL: I' W w ----------- w STR 5', KEYNOTES: (* NOT USED ON THIS SHEET) 55.0' 55 5 .0' E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT , _L5 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT MH 25 \aPE C-C222O PIPE 25 1 5 0 P-14 55�0' 55,0 552i REMOVE CONCRETE/MECHANICAL PLUG FROM SW INVERT PER FINAL SS PLANS A�O-l) (3B CB -1 2 CONNECT TO EX 12" WATER MAIN WITH NEW 8" WATER MAIN MH 24 DEPRESSED CURB OUTLET, SEE DETAIL F, SHEET 2 26 125 124 123 122 12 -- 120 119 118 -- 00 0 - - H] =84.60 PAD =83.90 PAD 30' SEWER EASEMENT BY FINAL PLAT - -6 �.2 SF 6600.0 SF 6602 0 6600.0 SF 6600.0 40 SF ffOO.O SF -k6OO.O SF 6600.0 SF �j 66000 SF 600.0 NEW FIRE HYDRANT ASSEMBLY [ . REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN "All PROPOSED WATERLINE 3.6 S� EXISTING ENTRANCE TO BE REMOVED 50 A CONSTRUCTION CENTERLINE 5.0' 550' 55.0' 550' 550' 55.0' 55,0' 55.0' 55,0' 550' Efl EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) *g INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS 3A CB-19 C) NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 27 128 129 130 131 132 133 134 135 136 (D NEW STORMDRAIN MANHOLE PA F r 2.7 SF 6600.0 SF 6600.0 SF 6600.0 SF �j 6600.0 SF 6600.0 SF 66010.0 SF �, WO.O SF 6600.0 �F 6600.0 NEW CATCH BASIN PER PAG SID 307, TYPE I 7 FP 10 IPAD=86.80 IPAD=86.50 [PA 6.00 O FP A D - =8 - 5 ol [P 8 2 NEW CATCH BASIN PER PAG SO 309, TYPE 4 2000 5' CONCRETE SIDEWALK PER PAG SO 200 L'(2:G7) 220,, -(:2D00 (�M CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SO 207 40 1' 5 0' 55.01 557. 55.0 , 550 2020 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SID 220-1 5 570 PE C PIPE 8 P-23 55.0 , 55401 W 0.5 W LL I EE -0.5 P e No 0 w V) 5 7x 550' 55,0' F 55.0 1.0'- -5 55.0' 55,0' 55.0, w 0-0, --- - - - - -- -- -- - - --- N 2011 PIP9 MH 29 31A H 28 SEWER MANHOLE TABLE SEWER PIPE TABLE CB- 18 2086.12 El HP , MANHOLE DETAILS, PIPE LENGTH MH 16 2085.85 RIM 16 456 37 LF NEW 8" PVC Pipe 2076.85 INV OUT PUBLIC SEWER @ 1.00% C)n 89 85 84 83 1 8 E 2 88 87 --- 86 - I C)n 2 qnAl ni Pw CA 20/b./6 INV OUI 381.00 LF NEW 8" PVC Pipe 208445 RIM 28 PUBLIC SEWER ® 0.48% 15 ELECTRICAL EASEMENT 126!08.7�S MH 28 20755 2 - 7 I N V I N I 2.904 Ac 55.0 55,0' 55ff 55.0 -55�0'- 55,0' 55�0' 55,0' 075.0 NV OUT PER DOCKET 12924, PG 57J 55,7 29 310.56 LF NEW 8" PVC Pipe 550'--- EXIST. GUNITE SIDESLOPE 100-YR WS LIMIT MH 29 2085.97 RIM PUBLIC SEWER @ 1.00% o EX RAIL FENCE EX 3-8'X7' RCBC - EX RAIL 2078.68 INV OUT 39.12" ml L O CFS PIPE INV UP SIZE LENGTH SLOPE INV OUT P-14 2077.18 18 34.0 1.00% 2076.84 0- P-15 2076.34 24" 235.0' 0.80% 2074.46 12 EX Rl-I SIGN EX WALL EX FENCE P-22 2080.95 11.1 36.0' 0.90% 2080.61 -Pt P -23 2079.61 31 331.0' 0.40% 2078.23 -X-X-X-K-X y- -X - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - 777 IARAN (PUBLIC STRVT) '.x X X X X X EX WI-7, W1 -8(2) SIGNS 0 SEE 70.0 SIF- 73 1 II - - - - - - - - - - - - - - - I T � -- - -- Qp - ILI I "T370.0 SF I 5 4 A IPAD=85.50 208 134,0" GB 1 7 TYPE 1 2 2 98 7370.0 SF PAD -86.00 134.0' 5' 2 207 TYPE 31 97 134,0' 200 1 1 10 10' 96 7370.0 SF 134 EX IRR WV \95 PIPE 16 SF 16' 7 3 49 16 PA -8 7 .00 MH 16 El E 12 EX W3-1a SIGN fl- 94 7118.9 SF U) PAD=87.40 12013' 4. :J R48' 0 93 9923.7 SF IPAD=87.60 4 SEE SHEET 5 32 103 104 105 106 1\07 - 108 109 110 111 1.3 SF 6600.0 SF �j 6600.0 SF �c'� 6600.0 SF �j 6600.0 SF J600.0 SF 66600.60 6600.0 SF 6600.0 �SF 6600.0 T' P E C -,-, �, I - 1-1 1-1 ��220 [7 B -13- 2 677 55�0' 55.0' 4707� 55.0' 7�1 5701 5.0" 40 0 40 80 - SCALE FEET bw HORIZONTAL: 1-49 Street CONTOUR INTERVAL: I' W w ----------- w STR 5', KEYNOTES: (* NOT USED ON THIS SHEET) 55.0' 55 5 .0' E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT , _L5 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT MH 25 \aPE C-C222O PIPE 25 1 5 0 P-14 55�0' 55,0 552i REMOVE CONCRETE/MECHANICAL PLUG FROM SW INVERT PER FINAL SS PLANS A�O-l) (3B CB -1 2 CONNECT TO EX 12" WATER MAIN WITH NEW 8" WATER MAIN MH 24 DEPRESSED CURB OUTLET, SEE DETAIL F, SHEET 2 26 125 124 123 122 12 -- 120 119 118 -- 00 0 - - H] =84.60 PAD =83.90 PAD 30' SEWER EASEMENT BY FINAL PLAT - -6 �.2 SF 6600.0 SF 6602 0 6600.0 SF 6600.0 40 SF ffOO.O SF -k6OO.O SF 6600.0 SF �j 66000 SF 600.0 NEW FIRE HYDRANT ASSEMBLY [ . REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN "All PROPOSED WATERLINE 3.6 S� EXISTING ENTRANCE TO BE REMOVED 50 A CONSTRUCTION CENTERLINE 5.0' 550' 55.0' 550' 550' 55.0' 55,0' 55.0' 55,0' 550' Efl EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) *g INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS 3A CB-19 C) NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 27 128 129 130 131 132 133 134 135 136 (D NEW STORMDRAIN MANHOLE PA F r 2.7 SF 6600.0 SF 6600.0 SF 6600.0 SF �j 6600.0 SF 6600.0 SF 66010.0 SF �, WO.O SF 6600.0 �F 6600.0 NEW CATCH BASIN PER PAG SID 307, TYPE I 7 FP 10 IPAD=86.80 IPAD=86.50 [PA 6.00 O FP A D - =8 - 5 ol [P 8 2 NEW CATCH BASIN PER PAG SO 309, TYPE 4 2000 5' CONCRETE SIDEWALK PER PAG SO 200 L'(2:G7) 220,, -(:2D00 (�M CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SO 207 40 1' 5 0' 55.01 557. 55.0 , 550 2020 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SID 220-1 5 570 PE C PIPE 8 P-23 55.0 , 55401 W 0.5 W LL I EE -0.5 P e No 0 w V) 5 7x 550' 55,0' F 55.0 1.0'- -5 55.0' 55,0' 55.0, w 0-0, --- - - - - -- -- -- - - --- N 2011 PIP9 MH 29 31A H 28 SEWER MANHOLE TABLE SEWER PIPE TABLE CB- 18 2086.12 El HP , MANHOLE DETAILS, PIPE LENGTH MH 16 2085.85 RIM 16 456 37 LF NEW 8" PVC Pipe 2076.85 INV OUT PUBLIC SEWER @ 1.00% C)n 89 85 84 83 1 8 E 2 88 87 --- 86 - I C)n 2 qnAl ni Pw CA 20/b./6 INV OUI 381.00 LF NEW 8" PVC Pipe 208445 RIM 28 PUBLIC SEWER ® 0.48% 15 ELECTRICAL EASEMENT 126!08.7�S MH 28 20755 2 - 7 I N V I N I 2.904 Ac 55.0 55,0' 55ff 55.0 -55�0'- 55,0' 55�0' 55,0' 075.0 NV OUT PER DOCKET 12924, PG 57J 55,7 29 310.56 LF NEW 8" PVC Pipe 550'--- EXIST. GUNITE SIDESLOPE 100-YR WS LIMIT MH 29 2085.97 RIM PUBLIC SEWER @ 1.00% o EX RAIL FENCE EX 3-8'X7' RCBC - EX RAIL 2078.68 INV OUT 39.12" ml L O CFS PIPE INV UP SIZE LENGTH SLOPE INV OUT P-14 2077.18 18 34.0 1.00% 2076.84 0- P-15 2076.34 24" 235.0' 0.80% 2074.46 12 EX Rl-I SIGN EX WALL EX FENCE P-22 2080.95 11.1 36.0' 0.90% 2080.61 -Pt P -23 2079.61 31 331.0' 0.40% 2078.23 -X-X-X-K-X y- -X - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - 777 IARAN (PUBLIC STRVT) '.x X X X X X EX WI-7, W1 -8(2) SIGNS 0 V \ \ \ \\ N 424 40 80 'SCALE FEET HORIZONTAL: I"=49 40' EHS CONTOUR INTERVAL: I' 425 -77 '4. KEYNOTES: NOT USED ON THIS SHEET) E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT X 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT N 1� LIMIT / MI REMOVE CONCRETE/MECHANICAL PLUG FROM SW INVERT PER FINAL SS PLANS 426 CONNECT TO EX 12" WATER MAIN WITH NEW 8" WATER MAIN DEPRESSED CURB OUTLET, SEE DETAIL F, SHEET 2 30' SEWER EASEMENT BY FINAL PLAT = 42 . 0 CFSf NEW FIRE HYDRANT ASSEMBLY 42 * E8] REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN PROPOSED WATERLINE 0' EXISTING ENTRANCE TO BE REMOVED CONSTRUCTION CENTERLINE EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS EXIST. RIPRAP 42 C) NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) \,W/ CUTOFF WALL (D NEW STORMDRAIN MANHOLE NEW CATCH BASIN PER PAG SO 307, TYPE I 71-/ ( g NEW CATCH BASIN PER PAG SD 309, TYPE 4 PAZ" N (2 DOO 5' CONCRETE SIDEWALK PER PAG SD 200 2m1 CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SD 207 \ \� \, \ \ (:2:20) 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SID 220-1 5 N - ��B12 72 0SF N 120 1 7j \ SEWER MANHOLE TABLE SEWER PIPE TABLE Q2 11670.2 SF\ MANHOLE DETAILS: PIPE LENGTH 2076.63 RIM 19 318.27 LF NEW 8" PVC Pipe 2070 1 73 NV N MH 19 03 INV IN PUBLIC SEWER ® 0.50% \ 1 I \ 207 2070.53 INV OUT 20 91.98 LF NEW 8" PVC Pipe 154,8' EXIST. GUNITE 2076.98 RIM P UBLIC SEWER ® 0.50% SIDESLOPE MH 20 071.19 INV IN 194.18 1-1- NEW 6 FA; Pipe MH 22 207 09 NV OUT 21 PUBLIC SEWER ®0.50% F 2081.30 RIM 74 22 196.79 LF NEW 8" PVC Pipe SF 2072.36 INV N 10209.5 MH 21 2072.26 INV IN PUBLIC SEWER ®2.27% 2072.16 INV OUT 29.98 LF NEW 8" PVC Pipe 128,1' MH 22 2085.73 RIM -- 23 'PUBLIC SEWER 0 0.50% W 1403.92' M 27 Pipe 2072.99 INV OUT U LIC SEWER 0 0.50% Q, -1,508 CFS r A -• 1: c -: 2082.46 RIM 381.00 LF NEW 8" PVC Pipe - - - - - - - - 28 PUBLIC SEWER ® 0 .489, - - - - - - - - - - + MH 27 2073.64 INV IN 2685 2073.54 INV OUT EX FENCE L n I , x - - -- - - - - - - - - - - - - - - - - - 3 MAHANA - - - - - - - -- - - ARANA- i"I� COUNTY IIIIIIHIIIII PIMA COUNTY MA - Twin Peaks Road - - - - - - - - N -X-X-x y x -X-X--X-X- 2 STORMDRAIN PIPE TABLE STORMDRAIN PIPE TABLE PIPE INV UP SIZE LENGTH SLOPE INV OUT PIPE INV UP SIZE LENGTH SLOPE INV OUT P-15 2076.34 24" 235.0' 0.80% 2074.46 P-23 2079.61 30 1. REF: PRV-9955 331.0' 0.40% 2078.23 OWNER/DEVELOPER. ENGINEER. Preliminar Plat for fScale: I" - 40- P-16 2075.30 18• 34.0' 1.00% 2074.96 P-24 2079.57 18.. 34.0' 1.00% 2079.23 Contour lncerval: V P-17 2073.96 30" 136.0' 0.80% 2072.87 P-25 2078.23 101. 108.0 0.50% 2077.69 Sa Bloom Block 3 o P-18 2072.87 30" 17.0' 1.00% 2072. P-26 2077.69 30" 110.0 0.50% 111 .14 B--HOMIN' 5319 Lots I - 14 1, Common Area "A" ( Open Space, Recreation, Public Utilities, (*,w E P S F IcA 2 Road Maintenance & Si "B" P-19 2072.70 18" 17.0' 1.00% 2073.70 P-27 2078.45 18" 34.0' 1.00% 2078.14 BENNY ETr Recreation, Public Utilities, Road na & Common Area Maintenance ( Open Space, Draina & Si P-20 2072.70 30" 85.0' 1.00% 2071.85 P-28 2077.14 30" 72.0' 1.50% 2076.09 GROUP Sheet No. P-21 2071.85 30" 167.0' 1.00% 2070.18 P-29 2075.59 36" 161.0- 1.00% 2073.98 D.R. HORTON, ARIZONA A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in 3580 WEST INA ROAD, STE 8710 N. Thern Rd, Suite 140 -e S A. u-' Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY4 of 03 03 Section 18,T12S, R12E, G&SRM 7 TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marano, Pima Count Arizona of 7 ATTN: BRENT DAVIS 7:520.408.1400 F:520.408.1403 rDrawn b FAH 06/16 6] PH: (520) 790-6005 w w w e p s g r o u p I n c c o in �Desi b FAH 06 / (EPS Pro No. 16-042 Date: 08/31 / 16 Re,uh, Mee,,q 1 011 31201 6 P 37 1 20 1 kid r m � \ m 118 115 7568.3 SF IPAD=80.30 IPAD=79.50 55.0' 37.2' 1351 6600.0 PF 136 6600.0 SF 137 6600.0 SF 138 6600.0 'SF 1391 7138.2 S� ��° /� •' 11 FPAD=85 2 4- P 23 © -rtig CB 21 - �2 W- ----------- 1 -(C�211711 -ET CB-20 3A V 220, NE C 84 6820.0 SF �j 83 1 6820.0 82 6820.0 SF 81 6820.0 SF 80 6820.0 SF -79- -7� 78\ 7222.0 SF - 786+.L�F IPAD=8+.90 V \ \ \ \\ N 424 40 80 'SCALE FEET HORIZONTAL: I"=49 40' EHS CONTOUR INTERVAL: I' 425 -77 '4. KEYNOTES: NOT USED ON THIS SHEET) E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT X 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT N 1� LIMIT / MI REMOVE CONCRETE/MECHANICAL PLUG FROM SW INVERT PER FINAL SS PLANS 426 CONNECT TO EX 12" WATER MAIN WITH NEW 8" WATER MAIN DEPRESSED CURB OUTLET, SEE DETAIL F, SHEET 2 30' SEWER EASEMENT BY FINAL PLAT = 42 . 0 CFSf NEW FIRE HYDRANT ASSEMBLY 42 * E8] REMOVE APPROX. 20 LF 8" WATER MAIN AND CONNECT NEW 8" WATER MAIN PROPOSED WATERLINE 0' EXISTING ENTRANCE TO BE REMOVED CONSTRUCTION CENTERLINE EXISTING TRAFFIC SIGN (BASED ON CARDNO PLANS) INSTALL 6" THICK CONCRETE SIDEWALK FOR MAINTENANCE VEHICLE ACCESS EXIST. RIPRAP 42 C) NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) \,W/ CUTOFF WALL (D NEW STORMDRAIN MANHOLE NEW CATCH BASIN PER PAG SO 307, TYPE I 71-/ ( g NEW CATCH BASIN PER PAG SD 309, TYPE 4 PAZ" N (2 DOO 5' CONCRETE SIDEWALK PER PAG SD 200 2m1 CURB ACCESS RAMP (SEE PLANS FOR TYPE) PER PAG SD 207 \ \� \, \ \ (:2:20) 4" CONCRETE ROLL CURB (SEE PLANS FOR TYPE) PER MAG SID 220-1 5 N - ��B12 72 0SF N 120 1 7j \ SEWER MANHOLE TABLE SEWER PIPE TABLE Q2 11670.2 SF\ MANHOLE DETAILS: PIPE LENGTH 2076.63 RIM 19 318.27 LF NEW 8" PVC Pipe 2070 1 73 NV N MH 19 03 INV IN PUBLIC SEWER ® 0.50% \ 1 I \ 207 2070.53 INV OUT 20 91.98 LF NEW 8" PVC Pipe 154,8' EXIST. GUNITE 2076.98 RIM P UBLIC SEWER ® 0.50% SIDESLOPE MH 20 071.19 INV IN 194.18 1-1- NEW 6 FA; Pipe MH 22 207 09 NV OUT 21 PUBLIC SEWER ®0.50% F 2081.30 RIM 74 22 196.79 LF NEW 8" PVC Pipe SF 2072.36 INV N 10209.5 MH 21 2072.26 INV IN PUBLIC SEWER ®2.27% 2072.16 INV OUT 29.98 LF NEW 8" PVC Pipe 128,1' MH 22 2085.73 RIM -- 23 'PUBLIC SEWER 0 0.50% W 1403.92' M 27 Pipe 2072.99 INV OUT U LIC SEWER 0 0.50% Q, -1,508 CFS r A -• 1: c -: 2082.46 RIM 381.00 LF NEW 8" PVC Pipe - - - - - - - - 28 PUBLIC SEWER ® 0 .489, - - - - - - - - - - + MH 27 2073.64 INV IN 2685 2073.54 INV OUT EX FENCE L n I , x - - -- - - - - - - - - - - - - - - - - - 3 MAHANA - - - - - - - -- - - ARANA- i"I� COUNTY IIIIIIHIIIII PIMA COUNTY MA - Twin Peaks Road - - - - - - - - N -X-X-x y x -X-X--X-X- 2 STORMDRAIN PIPE TABLE STORMDRAIN PIPE TABLE PIPE INV UP SIZE LENGTH SLOPE INV OUT PIPE INV UP SIZE LENGTH SLOPE INV OUT P-15 2076.34 24" 235.0' 0.80% 2074.46 P-23 2079.61 30 1. REF: PRV-9955 331.0' 0.40% 2078.23 OWNER/DEVELOPER. ENGINEER. Preliminar Plat for fScale: I" - 40- P-16 2075.30 18• 34.0' 1.00% 2074.96 P-24 2079.57 18.. 34.0' 1.00% 2079.23 Contour lncerval: V P-17 2073.96 30" 136.0' 0.80% 2072.87 P-25 2078.23 101. 108.0 0.50% 2077.69 Sa Bloom Block 3 o P-18 2072.87 30" 17.0' 1.00% 2072. P-26 2077.69 30" 110.0 0.50% 111 .14 B--HOMIN' 5319 Lots I - 14 1, Common Area "A" ( Open Space, Recreation, Public Utilities, (*,w E P S F IcA 2 Road Maintenance & Si "B" P-19 2072.70 18" 17.0' 1.00% 2073.70 P-27 2078.45 18" 34.0' 1.00% 2078.14 BENNY ETr Recreation, Public Utilities, Road na & Common Area Maintenance ( Open Space, Draina & Si P-20 2072.70 30" 85.0' 1.00% 2071.85 P-28 2077.14 30" 72.0' 1.50% 2076.09 GROUP Sheet No. P-21 2071.85 30" 167.0' 1.00% 2070.18 P-29 2075.59 36" 161.0- 1.00% 2073.98 D.R. HORTON, ARIZONA A Subdivision of Block 3 of the Sa Sprin Block Plat, as recorded in 3580 WEST INA ROAD, STE 8710 N. Thern Rd, Suite 140 -e S A. u-' Book 58 of Maps & Plats, Pa 23, bein a portion of the SouthwestY4 of 03 03 Section 18,T12S, R12E, G&SRM 7 TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marano, Pima Count Arizona of 7 ATTN: BRENT DAVIS 7:520.408.1400 F:520.408.1403 rDrawn b FAH 06/16 6] PH: (520) 790-6005 w w w e p s g r o u p I n c c o in �Desi b FAH 06 / (EPS Pro No. 16-042 Date: 08/31 / 16 Re,uh, Mee,,q 1 011 31201 6 P 37 1 20 1 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 10/18/2016 To: Mayor and Council Submitted For: John Kmiec, Utilities Director From: Amanda Jones, Management Assistant Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable C3 Subject: Resolution No. 2016 -108: Relating to Utilities; approving and authorizing the Mayor to execute cone -year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec) Discussion: Submitted is the first of four potential one -year extensions of the sewer billing IGA approved by Resolution 2014 -116 with the Pima County Regional Wastewater Reclamation Department. This amendment extends the term of the agreement to November 30, 2017. Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -108, approving a one -year extension of the sewer billing IGA as presented. Suggested Motion: I move to adopt Resolution No. 2016 -108, approving a one -year extension of the sewer billing IGA as presented. Attachments Resolution No. 2016 -108 Exhibit A IGA Amendment Marana Regular Council Meeting 10/18/2016 Page 88 of 201 MARANA RESOLUTION NO. 2016-108 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A ONE -YEAR EXTENSION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA AND SEWER USER ACCOUNT BILLING SERVICES WHEREAS Pima County operates and maintains a public sanitary sewerage system and is the designated public sewer system provider for the eastern and southern portions of the Town of Marana; and WHEREAS the Town of Marana is the potable water provider for a portion of the area that receives sewer service from Pima County; and WHEREAS the Town and Pima County entered into an intergovernmental agreement ef- fective December 1, 2014, for provision of water consumption data and sewer user account bill- ing services which terminates on November 30, 2016; and WHEREAS the Town and Pima County desire to extend the intergovernmental agree- ment for one year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The one -year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user ac- count billing services attached as Exhibit A to and incorporated by this reference in this resolu- tion is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the intergovernmental agreement, as amended. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18 day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049133.DOCX /1 Marana Resolution No. 2016 -108 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 10/5/2016 5:09 PM Page 89 of 201 PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT PROJECT: Sewer Billing and Collection Services CONTRACTOR: Town of Marana CONTRACT NO.: CT -WW -15 *195 CONTRACT AMENDMENT NO.: one (1) ORIG. CONTRACT TERM: 12/01/2014 - 11/30/2016 ORIG. CONTRACT AMOUNT: $11 o t 000.00 TERMINATION DATE PRIOR AMENDMENT: N/A PRIOR AMENDMENTS: N/A TERMINATION THIS AMENDMENT: 11/30/2017 AMOUNT THIS AMENDMENT: $ 55 REVISED CONTRACT AMOUNT: $165,000.00 INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, COUNTY and TOWN entered into an Intergovernmental Agreement (IGA) for services as referenced above; and WHEREAS, TOWN and COUNTY, pursuant to Article 4 - Term, have agreed to extend the IGA term for the first of four one -year renewal periods; and WHEREAS, TOWN and COUNTY have agreed to increase the total contract amount to allow payment for the continued provision of sewer billing and collection services during the extended term of the contract. NOW, THEREFORE, it is agreed as follows: CHANGE: ARTICLE 4 - Term: From: "... shall terminate on November 30, 2616...." To: "... shall terminate on November 30, 2017...." The effective date of this Amendment is December 1, 2016. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 96096 / 00406314 / v 1 Page 1 of 2 Marana Regular Council Meeting 10/18/2016 Page 90 of 201 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. FOR PIMA COUNTY: FOR TOWN OF MARANA: Chair, Board of Supervisors Mayor ATTEST: ATTEST: Clerk of the Board Date: Town Clerk Date: APPROVED AS TO CONTENT: Director, Pima County RWRD Director, Pima County Finance Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney 90090 / 00400314 / v 1 Town Attorney Page 2 of 2 Marana Regular Council Meeting 10/18/2016 Page 91 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 10/18/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -109: Relating to Utilities; approving and authorizing the Mayor to sign a Water Service and Settlement Agreement with Jay E. Reyher &Janice D. Reyher (Frank Cassidy) Discussion: Mr. and Mrs. Jay and Janice Reyher have applied to the Town to oversize from 5/8" to 3/4" their water meter and water service to their approximately ten acre parcel of property located northwest of the corner of Wentz Road and Sagebrush Road. Along with Lottie Kurcz (whose water service and settlement agreement was approved on October 4, 2016 by the adoption of Marana Resolution 2016 -100), Mr. and Mrs. Reyher granted the Town a 25 -foot easement for utilities in 2001. In exchange for the easement, the Water Department agreed to waive certain connection fees for water service to the Reyhers' property. Town staff has negotiated the attached water service and settlement agreement with Mr. and Mrs. Reyher. If approved, it will waive a total of $825 in fees associated with the water service up- sizing at the Reyhers' property. Under the agreement, the Reyhers will be responsible for payment of all other fees, and they waive all other claims associated with the Town's 2001 easement acquisition. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: N Amount: $825 Marana Regular Council Meeting 10/18/2016 Page 92 of 201 If the agreement is approved, the Town will forego $825 in fees that would otherwise be payable for the up- sizing of this water service from 5/8" to 3/4 ". Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -109, approving and authorizing the Mayor to sign a Water Service and Settlement Agreement with Jay E. Reyher & Janice D. Reyher. Suggested Motion: I move to adopt Resolution No. 2016 -109, approving and authorizing the Mayor to sign a Water Service and Settlement Agreement with Jay E. Reyher & Janice D. Reyher. Attachments Resolution No. 2016 -109 Exhibit A to Resolution Reyher Agreement Marana Regular Council Meeting 10/18/2016 Page 93 of 201 MARANA RESOLUTION NO. 2016-109 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A WATER SERVICE AND SETTLEMENT AGREEMENT WITH JAY E. REYHER & JANICE D. REYHER WHEREAS the Town desires to honor and settle a 2001 Water Department commitment for water service to property near the northwest corner of Wentz Road and Sagebrush Road; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Water Service and Settlement Agreement with Jay E. Reyher and Janice D. Reyher attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT 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 agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18 day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049101.DOCX /1 Marana Resolution No. 2016 -109 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 10/4/2016 2:09 PM Page 94 of 201 TOWN OF MARANA WATER SERVICE AND SETTLEMENT AGREEMENT L 1 ,4 ! 4 ' THIS wA'TER SERVICE AND SMTrLEM N'r AGREEMENT (this "Agreement") is entered into by and between the TOWN MAR WN OF MA ANA (the "Town "), an Arizona municipal corporation, and ,' 'A y E REYHER. & JANICE D. REYHER (the "'Applicants"), husband and wife. The Town and the Applicants are sometimes collectively referred to as the "Parties," either of which is sometimes individually re- ferred °e to as a "Party."' EUTALS A. The Applicants :have applied to the Town to replace a five-eighths inch water meter and water service with. a three-quarter inch water meter and water service to the property owned by the Applicants and located. at 13600 west Price Lane, lVlarana Arizona, Puna County Assessor's Par- cel Number 217-22-529A—an approximately 10 acre parcel of land located northwest of went; Road and Sagebrush Road in the Southwest Quarter of the Southeast [quarter of Section 18, Town- ship 11 South, Range 11 East, G &SRB M, Marana, Arizona; consisting of approximately the east _330 oet of Lot 2 of White F a.rriffs subdivision, recorded itt the office of the Recorder of .Pi i-a County, Arizona, on October 1, 2001.., at Book 55 of Maps and Plats, Page 28; and referred to in. this .Agreement as the "Property." B. The .Applicants and others granted the Town a 25 -foot easement for utilities pursuant to an Ingress /Egress and Utility Easement dated January 1.9, 2001, and recorded in the office of the Recorder of Pima County, Arizona, on February 9, 2001, at Docket 11483, Page 614 (Sequence 20010280222) (the "Easement "). C. The files of the Town's water Department associated with the Easement include a signed but unrecorded copy of the Easement and a copy of the Town's then - standard form "Ap- plication for water Service" filled out for a parcel located adjacent to the Property in the hand - writing of the Town's then - sitting water :director, with signed notes indicating that water service was being exchanged for the Easement. D. Although the "town's water Department files do not contain similar documentation re- lated to the Property, the Applicants contend that a similar deal was made with respect to the Property, and the Town's then - sitting water Director has supported the Applicants' contention in communications with. current Town. water Department staff. E. The Town's fees for water service have changed, increased, and expanded in scope since 2001. , and now include fee elements and types not in existence in 2001. . 00049011. DOC.x /I Jay F.'. lZeyher & Janice D. Reyher 9/27/2016 9:28 AM Marana Regular Council Meeting 10/18/2016 Page 95 of 201 F. The Town desires to honor the commitment for service to the Propert made b the 1_ , oW1!.,1.`S forfner Water Director in a ni.ann-er consistent with. and g ivin. g due considerc-ition to the current Town staff's understandin and belief as to what that commitment would mean when ap- plied to the fees currentl applicable to new water service. G. The Parties wish. to full settle an possible outstandin obli the Town ma have to the Applicants associated with the Easement. A GRrs E MENT Now, THEREFORE, in. consideration- of the fore premises and the mutual covenants set .forth in this A the Parties hereb a as follows: L Town fee waiver. The Town a to waive or, if the Applicants have alread paid pendin the consideration and approval of this A to reimburse the Applicants for, a total. of $825 for the followin fees associated with the provision of water service to the Propert 1. 1. The $425 fee to up-size a five-ei inch water meter to a three- inch water meter, to serve the Propert 1.2. The $400 three- inch meter installation fee for the Propert 2. Applicants' pa obli The Applicants shall be responsible for all other fees and costs associated with obtainin up-sized water service to the Propert includin but not lim- ited to the followin 2. r 11he $354 fee difference for a three- in-eb water meter versus for a five - ei inch water meter in the Water Resources Development Fee for the North Marana Service Area, as adopted b Section 2 of Marana Ordinance No. 2014.013. 2.2. All standard monthl water fees, as the ma be dul amended from time to time. 3. Applicants' waiver. In consideration of the Town's performance of its obli under this A the Applicants waive an and all claims the ma have a the Town throu the effective date of this A for water service to the Propert and for compensation. asso- ciated with the Easement. 4. Miscellaneous 4.1. Bindin q f I bindin upon and inure to the benefit of the heirs ,fect. This A shall be b*nd* executors, administrators, successors and assi of the Parties. 4.2. Cancell anion fbr conflict q interest. This A is sub j & ect to A.R. S p § 3 8-51.1, which provides for cancellation in. certain. instances involvin conflict of interest. 00049011. DOCX /I ht Re & Janice D. lZe - 2 - 9/27/201.6 9:28 AM Marana Re Council Meetin 10/18/2016 Pa 96 of 201 IN WITNESS WHEREOF, the Parties have executed this A as of the last Part si date below. The "Town": TOWN OF MARANA, an Arizona municipal corporation Ma Ed Honea Date ATTEST: Jocel C. Bronson, Town Clerk APPROVED AS TO CONTENT: John Kmiec,, Water Director APPROVED AS To FORM: -0, ank Ca d Town Att The "Applicants": JV E. Re Date je J ice D. Re Date 0004901 I.DOCX /I .I,q F. Re & Janice 1). Re -3 9/27/2016 9:28 AM Marana Re Council Meetin 10/18/2016 Pa 97 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 10/18/2016 To: Mayor and Council From: Steven Cheslak, Senior Planner Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -110 Relating to Development; approving a preliminary plat for Camino de Oeste Lots 1 -144 and Common Areas 'A' & 'B', located a quarter mile north of Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste (Steve Cheslak) Discussion: Summary of Application EPS Group, Inc., representing Pulte Homes, is requesting approval of a preliminary subdivision plat for PRV 1608 -001, Camino de Oeste, Lots 1 -144 and Common Areas 'A' (Open Space) & 'B' (Natural Undisturbed Open Space). The Camino de Oeste subdivision is proposed as a single- family residential development consisting of 144 lots on approximately 72 acres of land located north of Cortaro Farms Road, extending from Hartman Lane to Camino de Oeste in Section 25, Township 125, Range 12E. History The site was originally zoned 'C' Large Lot Zone as part of a 1,329 acre annexation known as the 'Cortaro Vista Annexation', approved by the Town Council in June of 1990. The 72 acre subject property was then rezoned to 'R -6' - Single- Family Residential by approval of Ordinance 2016.014 by the Marana Town Council on August 2, 2016 in order to create the proper zoning for the proposed Camino de Oeste residential community. Land Use Development surrounding the Camino de Oeste project is predominantly residential with the planned residential DeAnza development located directly to the west. Neighboring the property's northern and eastern boundaries are the existing Countryside Terrace, Sunset Pointe, and Vista Oeste Estates residential subdivisions which are all located in Pima County. Adjacent to the Marana Regular Council Meeting 10/18/2016 Page 98 of 201 property's western boundary is the planned DeAnza Specific Plan development and the existing Cortaro Ranch subdivision. Vacant land and existing homes on large lots are located directly south of the project site. The Camino de Oeste subdivision preliminary plat shows 144 single- family residential lots proposed on 72 acres of land which provides for an overall residential density of two homes per acre. The average lot size is 7,929 square feet with a minimum lot size of 6,085 square feet and maximum lot size of 19,071 square feet. Lots are grouped in such a way to preserve large areas of continuous open space, providing land for wildlife habitat, less back to back neighbor conditions, and better opportunities for mountain views. All homes constructed within the project will be one story and will meet the residential design standards within Title 8 of the Land Development Code. The majority of the open space provided within the project is Common Area "B" Natural Undisturbed Open Space (NUOS), accounting for 35% or 25.2 acres of the project area. An additional 13.4 acres of open space, Common Area "A ", has been designed in the preliminary plat as a neighborhood park, bufferyards, and areas for grading and drainage. Total open space provided within Camino de Oeste subdivision will be approximately 3 8.6 acres or 53.7% of the site. Bufferyards are provided along the perimeter of the property that meet and in most cases exceed those required by the Town of Marana Land Development Code. The bufferyards will include a combination of landscape and property walls to serve as a screen to mitigate noise and visual impacts from adjacent properties and roadways. Property walls used within the project site will be predominantly view walls to capture the surrounding mountain views. In areas where greater privacy or screening is needed, five foot solid masonry walls will be used. All open space and common areas will be owned and maintained by a homeowners association. Access and Circulation The site is bordered on the east and west by the existing collector roadways, Camino de Oeste and Hartman Lane, which provide for two, full access points for the project. Both project entry roads are located as to align with proposed DeAnza subdivision entry and the existing Rosebay Drive intersection to the east. The entrance off of Hartman Lane will be the primary project entry for the subdivision. The subdivision entries will be landscaped and have entry monumentation to create a sense of arrival. Internal roadways meet the Marana subdivision street standards and follow the Town's typical local, public roadway section. Based on the available traffic data and anticipated trips into the Hartman Lane access point, the northbound right -turn and southbound left -turn volumes into the site would not warrant a right -turn lane or left -turn lane for the project. Therefore, no improvements are planned for Hartman Lane as part of the Camino de Oeste subdivision development. On the east side of the project, the proposed site access from Camino de Oeste, the northbound left -turn volumes into the site warrant a left -turn lane, however, the southbound right -turn volumes would not warrant a right -turn lane for the project. Therefore, the only improvements planned for Camino de Oeste as part of the Camino de Oeste subdivision development is the addition of a northbound left -turn lane. Infrastructure and Utilities The rezoning area is located within the Town of Marana water service area and the water supply is assured. The developer will be responsible for the design and construction of all on -site and Marana Regular Council Meeting 10/18/2016 Page 99 of 201 off -site water infrastructure required to serve potable water and fire protection to the development. A water service agreement, as well as plans for the water distribution system will be required prior to construction. Sewer service will be provided to the subdivision by Pima County. The Pima County Regional Wastewater Reclamation Department has indicated that flows from this project can be accommodated in the existing Hartman Lane and Camino de Oeste 12 -inch public sewer lines ad acent to the project area. Tucson Electric Power and Southwest Gas currently serve the general area and will provide service to all future development in the area. Planning Commission Recommendation The Planning Commission voted unanimously (6 -0) in favor of recommending approval of the preliminary plat for Camino de Oeste at its September 28, 2016 meeting. Recommended Findings of Fact 1.The property is currently zoned 'R -6' - Single- Family Residential. The proposed subdivision is in compliance with all development standards and the requirements of the Camino de Oeste Rezoning and the Marana Land Development Code. 2.The General Plan Land Use category for this area is Low Density Residential. The proposed subdivision is consistent with the purpose and intent of the Town of Marana General Plan. 3.The proposed subdivision does not appear to be detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Case Analysis Review criteria: 1. Ability to comply with development regulations, i.e. water, sanitation, access, developable parcel, etc.: The proposed subdivision will be in compliance with the requirements of all agencies prior to action by the Town Council. 2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks, etc.: The proposed subdivision complies with the conditions of the rezoning and the requirements of Land Development Code. 3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan: The proposed subdivision is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the immediate area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the Town: The proposed subdivision is within close proximity to existing and planned development and is consistent with the style and character of such development. The proposal does not appear to be detrimental to the immediate area or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: Marana Regular Council Meeting 10/18/2016 Page 100 of 201 Staff recommends approval of PRV 1608 -001, a preliminary plat for Camino de Oeste Lots 1 -44 and Common Areas 'A' and 'B'. Suggested Motion: I move to adopt Resolution No. 2016 -110, approving a preliminary plat for Camino de Oeste Lots 1 -44 and Common Areas 'A' and 'B'. Attachments Resolution No. 2016 -110 PRV1608 -001 Camino de Oeste PP Location Map Application Marana Regular Council Meeting 10/18/2016 Page 101 of 201 MARANA RESOLUTION NO. 2016-110 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR CAMINO DE OESTE LOTS 1 -144 AND COMMON AREAS " A " AND "B" LOCATED A QUARTER MILE NORTH OF CORTARO FARMS ROAD, BORDERED BY HARTMAN LANE AND CAMINO DE OESTE WHEREAS, on August 2, 2016, the Mayor and Town Council adopted Ordinance No. 2016.014, approving a rezoning of the site from "C" to "R -6 "; and WHEREAS, EPS Group, Inc., on behalf of the owners, has applied for approval of a preliminary plat for Camino de Oeste Lots 1 -144 and Common Areas "A" and "B ", located a quarter mile north of Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste within Section 25, Township 12 South, Range 12 East; and WHEREAS, the Mayor and Town Council at the regularly scheduled meeting on October 18 2016 determined that the preliminary plat for Camino de Oeste Lots 1 -144, and Common Areas "A" and "B ", should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Camino de Oeste, Lots 1 -144 and Common Areas "A" and "B ", is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -110 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 102 of 201 Preliminar Plat for Camino de Oeste Lots 1 - 144 and Common Areas "A" (Open Space) & "B" (Natural Undisturbed Open Space) PRV 1608-001 PIMA COUNTY DOT OPUS CONTROL POINT "12S12E-R21' (BASIS OF ELEVATION) NBW41'20*E 80. 09- 1 139 1 0 5 \t 97 104 APN 221-14-011 13 103 DKT 11257, PIS 222 136 99 102 W DKT 11588, PG +35 101 H, 106 134 100 SEE SHEET 133 IOh-8 0 1 132 1 109 SI 12512 12 12 12 13 13111 124 123 122 IF21 [12 118 11 JD 0 111 3- —TOMBCSM —S89'40'53W 1239.42' SET IN 3* PIPE IS 7599" - - - - - - - — ------ - - - - -- - - - - - - - - - - /I/ - - - - - - - - - - - - �TOM BCSM�� ISO I spa F D / I 14 RLS 1 �5 Candleberr Wa (F- - -F d IF 9 NO 2: BC� Roseba (T- -F-T A T Mt' 11, 0 0 APIN 22111-1-14-DOU: - - - - - - - - - - - - - - - - - - - - - SHEET INDEX 1 CS01 COVER & INDEX SHEET 2 GNOI NOTES 3 DT01 DETAILS 4 - 9 PR0I-PRO6 PLAN SHEETS LEGEND EXISTING PROPOSED - — — — — — — — - PROJECT BOUNDARY RIGHT-OF-WAY CENTERLINE RIGHT-OF-WAY ------ - - - - -- - - - - - PROPERTY EASEMENT NO ACCESS ESMT 100 YR FLOODPLAIN EROSION HAZARD SETBACK FEMA FLOODPLAIN PAVEMENT/ CURB WATER W SEWER OE ELECTRIC SECURITY BARRIER HANDRAIL -°-°-°-°-°-°-°-°-°-° O 0 SURVEY MONUMENT OO MAJOR CONTOUR MINOR CONTOUR 0 CFS 100-YEAR STORM — JD PRELIMINARY JD xe — xc XERORIPARIAN C HEC-RAS SECTIONS ABBREVIATIONS APPROVALS: BY P.E. MARANA TOWN ENGINEER/DEVELOPMENT ENGINEER DATE BY MARANA PLANNING DIRECTOR DATE BY NORTHWEST FIRE DISTRICT DATE OWNERS REF: PCZ 1602-001 PRV 1608-001 APN 221-1+-OIIB, 221-14-0100, 221-14-002F DEVELOPER: ENGINEER: Preliminar Plat for F S LAURA (J.) HARSHBARGER I,Contour Interval: N/A APN 221-14-009A ��� '' RE Camino De Oeste REDWING INVESTMENTS LLC 531 2 I t e, Lots I - 144 CSO ,, EPS C GOR PAUL c/o TITLE 8 NN TLE SECURITY AGENCY EETT and Common Areas "A" ( Open Space & ATTN: PAM flGHE, ESCROW OFFICER Gkuur "B" ( Natural Undisturbed Open Space) Sheet No. I S. CHURCH AVE, STE 2040 PULTE HOMES, ARIZONA A, Bein of the North/ Northwest/ of Section 25, TUCSON, AZ 85701 3011 WEST INA ROAD 7 N. Thorn Rd, Suite 140 03 TUCSON, AZ 85741 UCSO uc- , AZ 85742 — T I 2S, R I 2E, G&SRM ATTN: SAM MILLS T:520.408.1400 I F:520.408. Town of Marana, Pima Count Arizona 1403 Drawn b BEZ 01/16 — PH: (520) 837-0275 w—e ps rou pin C co m )(Desi b BEZ 01/14](E Project No. 15-317 D� 09 /19/16 of 9 A SPHALT CONCRETE AGGREGATE BASE COURSE COMPACTED SUBGRADE a MINIMUM PAVEMENT SECTION PER TOWN OF SECTION AC MARANA SUBDIVISION STREET STANDARDS N ABC ] AND THE RECOMMENDATIONS PER PROTEX 1 3.0 4.0 GEOTECHNICAL INVESTIGATION PROJECT 44901, DATED 11110115 PAVEMENT SECTIONS NOT TO SCALE 10'P.U.E. 42' RIGHT -OF -WAY 10'P.U.E. 28' PAVED ROAD 14' SIDEWALK TRAVEL LANE TRAVEL LANE SIDEWALK 2% P SECTION I 24" � R & GUTTER 4" SIDEWALK HAG SO 220 TYPE D PAG SO 200 TYPICAL ROADWAY SECTION NOT TO SCALE 169 RIGHT-OF-WAY 24' PAVED ROAD EXISTING HARTMAN LANE SECTION NOT TO SCALE IW RIGHT-OF-WAY 24' PAVED ROAD "109ROM777,77 EXISTING CAMINO DE OESTE SECTION NOT TO SCALE CURVED VANE GRATE FLOW _= O.S 42' RIGHT -OF -WAY 28' TRANSVERSE GRATE CURVED VANE GRATE 3C RCP 0.5' TRANSVERSE GRATE DETAIL NOT TO SCALE LOT 1.51 EXISTING WSE GRADE 1:1 GROUTED RIPRAP SLOP 4 CONCRETE TOEDOWN W/ 6!'X6" WVWF HARDY WASH GROUTED RIP RAP SLOPE PROTECTION NOT TO SCALE 1 : 0 FRONT OPENING HD NoN MODIFIED GRATE ' BYOTHERS 2 42HDPE STORM DRAIN PIPE PLAN ------------------------ MODIFIED GRATE BY OTHERS BOTTOM CRATF=? 199 WSE=2197 19 2-42" HDPE STORM DRAIN F BASIN BOTTOM=94.75 52 PROFILE MODIFIED GRATE BY OTHERS BOTTOM GRATE=2199.5 33 BASIN _J -71 M=94.75 2-42" HDPE STORM DRAIN PIPE o ----------------------- SECTION ,BASIN I OUTLET STRUCTURE NOT TO SCALE :7.6! 6.6 FRONT OPENING 33 0 0 PLAN GRATE � Y --------- ------- 136"HD MODIFI 1Z ------------------------ DRAIN PIPE MODIFIED GRATE BY OTHERS BOTTOM GRATE=2244.75 WSE=2242 47 BASIN BOTFOM=2240.0 2-36" H=Cg 7 PROFILE 17.6 16 .6 ' I HKUN BOTTOM GRATE=2244.75 MODIFIED GRATE BY OTHERS 3 3 W SE=2242.47 � BASIN BOTTOM=22400 PROVIDE I CHU WALL OPENING & SCOUR PROTECTION @ OUTLET (MINIMUM 3 PER LOT) I- I M" H P PAD y PAD y 'A '0 V ^�F ^�F � U HP STREET FLOW STREET FLOW TYPICAL LOT GRADING NOT TO SCALE 10 SYS 51 SYS < STREET TYPICAL LOT SETBACKS rK NOT TO SCALE Ili MATCH EXISTING FILTER FABRIC RIPRAP MIRAF I SOOX OR EQUAL CID, 2xD. THICK DRAINAGE DITCH NOT TO SCALE LOT COMMON AREA 6" RIPRAP EMBEDDED 50 % INTO CONCRETE S PAD 1. Q,.=?? CFS 67SHOTCRETE w/ "n"=?? 6!'x6" WELDED WIRE FABRIC Flow Depth=?.?? It AP DUMPED RIP R Freebmrd=?.? It RAP , D-6 S lope, - „ L???? ft/ft THK=12" SI.P�_=inn fJft W1 FILTER FABRIC Veu,,=?.?? It/— VeU-=?.?? It/— :;R..N */ 5 3 \ NATURAL G_ _D/ '%q ' FILL SLOPE 4 DUMPED R R TZ- 1 2" W/ FILTER FABRIC REF: PCZ 1602-001 PRV 1608-001 DEVELOPER. ENGINEER. Preliminar Plat for e N A a [C`c,,..r Inteml: N/A Camino De Oeste 531 2 FrnR PA111 �DTOI] eENNErT and Common Areas "A" (Open Space) & Nte, <*, E P S ' rR Lots I - 144 GROUP "B" (Natural Undisturbed Open Space) Sheet No. PULTE HOMES, ARIZONA I . o"I., Bein a portion of the NorthY of the NorthwestY of Section 25, 3011 WEST INA ROAD 8710 N. Thorn Rd, Suite 140 03 T I 2S, R I 2E, G&SRM 3 TUCSON, AZ 85741 Tucson, AZ 85742 ATTN: SAM M I LLS T:520.408.1400 I F:520.408.1403 jj [Drawn b BEZ 01/16" Town of Marana, Pima Count Arizona of 9 PH: (520) 837-0275 w w w . e p s g r o u p i n c . c o rn Desi b BEZ 01/16 FTF,, N o. 5-317 Date: 09 /19/1 COMMON AREA GUARDRAIL 6" RIPRAP EMBEDDED PER PC/COT 105 50%INTOCONCRETE SDWLK 11 ROADWAY 67SHOTCRETE 1 5 6 "x6" WELDED WIRE FABRIC 7 3' DUMPED RIP RAP MPX D6' THK 2 -_ �� W/ FILTER FABRIC I'x3'CONC. CUTOFF WALL SEDIMENT SWALE NOT TO SCALE GENERAL NOTES: I . GROSS AREA OF THIS DEVELOPMENT IS ±71.87 ACRES (±3130593 S.F.) 2. THE EXISTING ZONING IS 'R-6" RESIDENTIAL SUBJECT TO THE CONDITIONS OF ORDINANCE No. 2016-014. 3. THE NUMBER OF RESIDENTIAL LOTS FOR THIS SUBDIVISION IS 144. THE OVERALL DENSITY OF THIS SUBDIVISION IS 2.00 RESIDENCES PER ACRE. 4. THE TOTAL LENGTH OF NEW PUBLIC STREETS IS 1.2 MILES. 5. THE MINIMUM ALLOWABLE LOT SIZE PER "R-15" ZONING IS 6,000 S.F. 6. THE MINIMUM LOT SIZE PROVIDED IS 6,085 S.F. (LOT 99) THE MAXIMUM LOT SIZE PROVIDED IS 19,071 S.F. (LOT 77) THE AVERAGE LOT SIZE PROVIDED IS 7,928.9 S.F. 7. THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS 25 FEET. 8. BUILDING SETBACKS PER 'R-6" RESIDENTIAL ZONING STANDARDS: FRONT = 16' MINIMUM (20' FOR STREET FACING GARAGE) SIDE = 5' (10' STREET SIDE YARD) REAR = 20' MINIMUM 9. PARKING PROVISIONS INCLUDE TWO ONSITE PARKING SPACES FOR EACH LOT (IN THE DRIVEWAY) TOTAL PROVIDED: 144 LOTS @ 2 EACH = 288 SPACES. 10. SUBDIVISION AREAS: RESIDENTIAL DEVELOPMENT AREA = 26.21 ACRES (1,141,757.0 SF) 36.5% COMMON AREA "A" (OPEN SPACE) =13.39 ACRES (583,271.4 SF) 18.6% COMMON AREA "B" (NATURAL UNDISTURBED OPEN SPACE) = 25.21 ACRES (1,097,994.6 SF) 35.1% RIGHT-OF-WAY = 7.06 ACRES (307,569.5 SF) 9.8% 11. BASIS OF BEARINGS: THE REFERENCE MERIDIAN FOR THIS PROJECT IS GRID NORTH, ARIZONA STATE PLANE COORDINATE SYSTEM, NAD1983 (HARN92), CENTRAL ZONE. THE BASIS OF BEARINGS FOR THIS PROJECT IS THE GRID BEARING OF NORTH 00'37'23" WEST BETWEEN A FOUND TOWN OF MARANA 3" DIAMETER BRASS CAP SURVEY MONUMENT SET IN CONCRETE STAMPED "RLS 35235" MARKING THE WEST h CORNER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND A FOUND TOWN OF MARANA 3" DIAMETER BRASS CAP SURVEY MONUMENT SET IN CONCRETE STAMPED "RLS 35235" MARKING THE NORTHWEST CORNER OF SAID SECTION 25 AS SHOWN ON THE RECORD OF SURVEY OF SECTIONS 25 AND 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST AND SECTION 30, TOWNSHIP 12 SOUTH, RANGE 13 EAST RECORDED IN BOOK 26 OF SURVEYS AT PAGE 62, RECORDS OF PIMA COUNTY, ARIZONA. 12. BASIS OF COORDINATES: THE ARIZONA STATE PLANE COORDINATES WERE SCALED TO CREATE A "MODIFIED" COORDINATE SYSTEM AT SURFACE VALUES. THE INVERSE OF THE COMBINED SCALE FACTOR, 0.999892269 (1/X = 1.000107743). WAS APPLIED AT THE FOUND TOWN OF MARANA Y DIAMETER BRASS CAP SURVEY MONUMENT SET IN CONCRETE STAMPED "RLS 35235" MARKING THE WEST Y� CORNER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, (THE ORIGINAL SURVEY MONUMENT MARKING THE WEST )/ CORNER OF SECTION 25 WAS A 2" DIAMETER BRASS CAP SET IN CONCRETE AND WAS DESIGNATED PIMA ASSOCIATION OF GOVERNMENTS GEODETIC CONTROL POINT "6T21") TO PRODUCE THE FINAL SURFACE COORDINATES. THE COMBINED SCALE FACTOR WAS CALCULATED BY AVERAGING THE CALCULATED GRID DISTANCES VERSUS THE MEASURED GROUND DISTANCES BETWEEN PIMA DEPARTMENT OF TRANSPORTATION OPUS CONTROL POINTS "12S12E221" AND "12SI3E_RO1" AND BETWEEN PIMA COUNTY DEPARTMENT OF TRANSPORTATION OPUS CONTROL POINTS "12S12E-R21" AND "12S12E-024". 13. BASIS OF ELEVATION- THE BASIS OF ELEVATIONS FOR THIS SURVEY IS NAVD1988. THE PRIMARY BENCHMARK IS PIMA COUNTY DEPARTMENT OF TRANSPORTATION OPUS CONTROL POINT '12SI2E_R2I" WHICH IS A FOUND #4 REBAR WITH BRASS TAG STAMPED "PCDOT GPS" ALONG NTH REFERENCE POINTS AS SHOWN ON THE PIMA COUNTY DEPARTMENT OF TRANSPORTATION GPS OCCUPATION SHEET FOR OPUS CONTROL POINT '12SI2E_R2I". THE ELEVATION IS 2223.62 FEET. A SECOND PIMA COUNTY DEPARTMENT OF TRANSPORTATION OPUS CONTROL POINT, "12SI3E_R0I" WHICH IS A FOUND CHISELED "Y" CUT ON THE NORTH RIM OF A SEWER MANHOLE AS SHOWN ON THE PIMA COUNTY DEPARTMENT OF TRANSPORTATION GPS OCCUPATION SHEET FOR OPUS CONTROL POINT '12SI3E_ROI", WAS COLLECTED AS A VERTICAL CHECK POINT. THE MEASURED ELEVATION WAS 2315.59 FEET VERSUS THE PUBLISHED RECORD ELEVATION OF 2315.60 FEET. 14. DEVELOPER WILL COVENANT TO HOLD TOWN OF MARANA, ITS SUCCESSORS AND ASSIGNS HARMLESS IN THE EVENT OF FLOODING. 15. DRAINAGE WILL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE MARANA TOWN COUNCIL. 16. DRAINAGEWAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY PERMITS FOR LOTS AFFECTED. 17. HOMEOWNER'S ASSOCIATION WILL BE FORMED TO ACCEPT RESPONSIBILITY FOR MAINTENANCE, CONTROL, SAFETY AND LIABILITY OF PRIVATE DRAINAGEWAYS, DRAINAGE EASEMENTS AND COMMON AREAS. 18. THE DESIGN SPEED FOR ALL RESIDENTIAL STREETS IS 25 MPH. THE DESIGN VEHICLE WILL BE WB-+O. 19. APPROVED IMPROVEMENT PLANS WILL BE REQUIRED PRIOR TO FINAL PLAT APPROVAL. 20. THE USE OF THIS PLAT IS FOR SINGLE FAMILY DETACHED RESIDENTIAL. 21. HARTMAN LANE IS THE NEAREST PAVED ACCESS MAINTAINED BY THE TOWN OF MARANA, WHICH SERVES THIS SUBDIVISION. 22. MATERIALS WTHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES ABOVE FINISH GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM TO SECTION 4.8 OF THE TOWN OF MARANA SUBDIVISION STREET STANDARDS. 23. ALL WEATHER ACCESS WILL BE PROVIDED TO ALL LOTS WITHIN THIS SUBDIVISION. 24. THE AREA BETWEEN THE 100 YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING FROM A 100 YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA SHALL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH FLOODPLAIN MANAGEMENT AS APPROVED BY THE FLOODPLAIN ADMINISTER. 25. ALL DRAINAGEWAYS, DRAINAGE EASEMENTS AND DRAINAGE STRUCTURES SHOWN AND LABELED AS SUCH UPON THIS PLAN, WHICH ARE TO BE CONSTRUCTED IN CONJUNCTION NTH THE DEVELOPMENT OF THIS PROJECT, WILL ENTIRELY CONTAIN THEIR RESPECTIVE 100 YEAR FLOOD LIMITS UPON COMPLETION OF CONSTRUCTION, UNLESS CLEARLY LABELED OTHERWISE. 26. ALL NEW PUBLIC ROADS AND DRAINAGE IMPROVEMENTS ON OR ADJACENT TO THIS DEVELOPMENT SHALL BE CONSTRUCTED TO MINIMUM TOWN OF MARANA STANDARDS, IN ACCORDANCE WITH PLANS ACCEPTED BY TOWN OF MARANA ENGINEER. 27. ONSITE SANITARY SEWERS WILL BE PUBLIC AND WILL BE DESIGNED AND CONSTRUCTED TO PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT STANDARDS. 28. ALL ONSITE SANITARY SEWERS WILL BE DESIGNED TO PROVIDE GRAVITY FLOW. 29. CONSTRUCTION AUTHORIZATION FROM THE PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY Is REQUIRED BEFORE BEGINNING ANY WORK ON THIS PROJECT. APPROVAL OF THIS DEVELOPMENT PLAN DOES NOT CONSTITUTE CONSTRUCTION AUTHORIZATION. 30. NO PERMITS SHALL BE ISSUED FOR ANY PERMANENT STRUCTURES TO BE BUILT WITHIN THE PUBLIC SEWER EASEMENTS SHOWN HEREON WITHOUT SEPARATE WRITTEN AUTHORIZATION FROM THE PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT. 31. ALL LANDSCAPING WITHIN THE PUBLIC SEWER EASEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE NTH THE PLANTING GUIDELINES CONTAINED WTHIN THE CURRENT ADOPTED PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT DESIGN STANDARDS. I M I: M. GENERAL NOTES ( CONTINUED ) : 32. THE WATER COMPANY THAT WILL SERVICE THIS SUBDIVISION IS MARANA WATER. 33. FIRE FLOW FOR THIS SUBDIVISION SHALL BE A MINIMUM OF 1000 GALLONS PER MINUTE FOR A MINIMUM DURATION OF 2 HOURS. FIRE HYDRANTS SHALL BE LOCATED WITH AN AVERAGE SPACING NO GREATER THAN 500 FEET AND NO GREATER DISTANCE THAN 250 FEET FROM ANY POINT ON A STREET OR FIRE APPARATUS ACCESS ROAD TO A FIRE HYDRANT. BLUE REFLECTIVE STREET MARKERS SHALL BE PERMANENTLY AFFIXED TO THE STREET SURFACE APPROXIMATELY 8 FEET FROM THE CURB NEAREST THE HYDRANT. 34. ALL WEATHER ACCESS ROADS CAPABLE OF SUPPORTING THE IMPOSED LOAD OF 75,000 POUNDS AND REQUIRED FIRE HYDRANTS PROVIDING THE REQUIRED FIRE FLOW SHALL BE INSTALLED, TESTED AND SERVICEABLE PRIOR TO THE INTRODUCTION OF COMBUSTIBLE MATERIALS TO THE PROJECT SITE. 35. A SIGN IDENTIFYING THE NAME OF THE BUILDER, LOT NUMBERS AND ADDRESS SHALL BE POSTED IN A LOCATION VISIBLE FROM THE FIRE HYDRANT ACCESS ROAD. THE SIGN SHALL BE MAINTAINED IN A LEGIBLE CONDITION DURING ALL PHASES OF CONSTRUCTION BEGINNING WITH INSTALLATION OF FLOOR SLAB AND REMAINING UNTIL THE FINAL INSPECTION. 36. AN AGREEMENT FOR CONSTRUCTION OF FACILITIES UNDER PRIVATE CONTRACT MUST BE OBTAINED BEFORE ANY UTILITIES ARE INSTALLED WITHIN THE SUBDIVISION. 37. ALL NEW UTILITIES AND ALL EXISTING UTILITIES, EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 69 KILOVOLTS OR MORE, WITHIN OR CONTIGUOUS TO THE SITE, SHALL BE PLACED UNDERGROUND. 38. ACCORDING TO THE DRAINAGE REPORT PREPARED BY CMG DRAINAGE ENGINEERING, INC, DATED AUGUST 31, 2016, PORTIONS OF THIS SUBDIVISION ARE LOCATED IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOODPLAIN (ZONE A) IN ACCORDANCE NTH FLOOD INSURANCE RATE MAP (FIRM) PANEL NO. 04019C1655L, EFFECTIVE DATE JUNE 16, 2011. 39. INSTALLATIONS OF ITEMS SUCH AS LANDSCAPE, HARDSCAPE, IRRIGATION, DRAINAGE IMPROVEMENTS, SIGNAGE, MONUMENTATION AND WALLS, ETC. WTHIN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE A LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT SHALL BE EXECUTED AND RECORDED PRIOR TO FINAL LANDSCAPE OR IMPROVEMENT PLAN APPROVALS ALLOWING INSTALLATIONS WITHIN THE PUBLIC RIGHTS-OF-WAY. 40. APPROVAL OF THIS PLAN DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OR COMPLIANCE NTH ANY DEED RESTRICTIONS OR EASEMENTS. 41. THE FOLLOWING ASSESSORS PARCELS ARE CONTAINED WITHIN THE BOUNDARY OF THIS DEVELOPMENT: 221-14-0118, 221-14-0100, 221-1+-009A, 221-1+-002F. 42. THE TOPOGRAPHIC AND BOUNDARY INFORMATION SHOWN ON THIS DEVELOPMENT PACKAGE Is BASED UPON AN ALTA SURVEY PERFORMED BY ASHBY SURVEYING AND DRAFTING, INC JOB NO. 5919, DATED DECEMBER K 2015. 43. ALL HOMES CONSTRUCTED IN THIS SUBDIVISION OVER 3,600 SQUARE FEET OF AREA UNDER ROOF SHALL BE EVALUATED BY NORTHWEST FIRE DISTRICT FOR AUTOMATIC FIRE SPRINKLERS. 44. PER THE TOWN OF MARANA LAND DEVELOPMENT CODE TITLE 20, A COMPLETE CLASS III ARCHAEOLOGICAL SURVEY IS REQUIRED. IF A 404 PERMIT OR OTHER FEDERAL NEXUS IS ASSOCIATED NTH THE PROJECT, THE ARCHAEOLOGICAL REPORT SHALL BE SUBMITTED TO THE STATE HISTORICAL PRESERVATION OFFICE. IF THERE IS NO FEDERAL NEXUS FOR THE PROJECT, THE ARCHAEOLOGICAL REPORT SHALL BE SUBMITTED TO THE TOWN OF MARANA ALONG WITH A REVIEW FEE. 45. THE PHASE I ENVIRONMENTAL SITE ASSESSMENT WILL BE DATED NO MORE THAN 180 DAYS PRIOR TO DEDICATION OF ANY EASEMENT. 46. IN COMPLIANCE WITH TITLE 25 OF THE MARANA LAND DEVELOPMENT CODE, A SWPPP WILL NEED TO BE SUBMITTED WITH THE FEE, AND REVIEWED BY THE TOWN PRIOR TO ISSUANCE OF A GRADING PERMIT. 47. A 100% LAND COVERAGE SURVEY FOR THE SONORAN DESERT TORTOISE SHALL BE COMPLETED BY A QUALIFIED WILDLIFE BIOLOGIST, A MAXIMUM OF 30 DAYS BEFORE GRADING, AND THE FORM WILL BE SENT TO THE TOWN PRIOR TO ISSUANCE OF A GRADING PERMIT. GENERAL SEWER NOTES: 1. ALL DESIGN STANDARDS, MATERIALS AND WORKMANSHIP FOR PUBLIC SANITARY SEWERS SHALL BE IN ACCORDANCE WITH THE PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT (PCRWRD) ENGINEERING DESIGN STANDARDS 2016 (EDS 2016) AND THE STANDARD SPECIFICATIONS AND DETAILS FOR CONSTRUCTION 2016 (SSDC 2016). SAID DOCUMENTS ARE AVAILABLE THROUGH THE PCRWRD WEBSITE (WWW. PIMA. GOV/WAS TEWATERRECLAMATION). 2. ANY CONSTRUCTION ACTIVITY HAVING THE POTENTIAL TO DAMAGE EXISTING PUBLIC SANITARY SEWERS OR ANY ACTIVITY THAT REQUIRES MATERIALS OR EQUIPMENT TO ENTER EXISTING PUBLIC SANITARY SEWERS SHALL REQUIRE A PIMA COUNTY RWRD SEWER CONSTRUCTION PERMIT PRIOR TO COMMENCING THAT ACTIVITY. 3. SEWER CONSTRUCTION SHALL NOT COMMENCE UNTIL: (A) THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ) OR ITS DELEGATED AUTHORITY HAS ISSUED A CONSTRUCTION AUTHORIZATION FOR THIS PROJECT (B) THE CONTRACTOR HAS OBTAINED A PCRWRD PUBLIC SEWER CONSTRUCTION PERMIT (CONTACT THE PCRWRD PERMITS SECTION AT (520) 724-6649 FOR PERMIT APPLICATION REQUIREMENTS); (C) THE CONTRACTOR'S FLOW MANAGEMENT PLAN HAS BEEN SUBMITTED THIRTY (30) CALENDAR DAYS PRIOR TO THE PRE - CONSTRUCTION MEETING AND APPROVED BY PCRWRD FIELD ENGINEERING; AND (D) A PRE - CONSTRUCTION MEETING WITH THE ASSIGNED PIMA COUNTY PROJECT FIELD INSPECTOR IS SCHEDULED AT LEAST THREE (3) FULL BUSINESS DAYS PRIOR To COMMENCING NTH SEWER CONSTRUCTION. 4. THE CONTRACTOR SHALL SUBMIT A FLOW MANAGEMENT PLAN (FMP) TO PCRWRD FIELD ENGINEERING FOR APPROVAL BEFORE PROCEEDING WITH ANY WORK THAT MAY AFFECT LIVE SEWERS. THE FMP SHALL IDENTIFY AND INCLUDE ALL FLOW MANAGEMENT COSTS IN THE CONSTRUCTION BID. THE FMP SHALL BE SUBMITTED THIRTY (30) CALENDAR DAYS PRIOR TO THE SEWER PRE - CONSTRUCTION MEETING. FIELD ENGINEERING WILL REVIEW THE FMP WITHIN TEN (10) BUSINESS DAYS TO ACCOMMODATE REVIEW AND REVISION CYCLES. REFER TO PCRWRD SSDC 2016, SECTION 2 FOR FMP REQUIREMENTS. PLEASE CONTACT PCRWRD FIELD ENGINEERING AT (520) 724-2651 FOR ANY QUESTIONS REGARDING FLOW MANAGEMENT. 5. THE CONTRACTOR SHALL FURNISH, OPERATE AND MAINTAIN ALL EQUIPMENT AND LABOR NECESSARY TO PROVIDE CONTINUOUS 2+ HOURS PER DAY SANITARY SEWER SERVICE TO ALL PARTIES TRIBUTARY TO A LIVE SEWER TO WHICH A CONNECTION IS TO BE MADE. THE PCRWRD CONVEYANCE DIVISION SHALL BE NOTIFIED AT (520) 724-3400 A MINIMUM OF TWO (2) BUSINESS DAYS PRIOR TO COMMENCING ANY CONSTRUCTION ACTIVITIES THAT IMPACTS THE FLOW WITHIN A LIVE SANITARY SEWER SYSTEM OR INVOLVES CONNECTING TO A LIVE SANITARY SEWER. SEE PCRWRD SSDC 2016, SECTION 2 FOR MORE INFORMATION. 6. THE INSPECTION OF THE CONTRACTOR'S WORK BY AN AGENCY AND/OR PCRWRD STAFF SHALL IN NO WAY RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR COMPLIANCE NTH THE REQUIREMENTS OF THE APPROVED CONTRACT DOCUMENTS. IF THE DESIGN ENGINEER OR PCRWRD STAFF FAIL TO POINT OUT A DEFECT, DEFICIENCY OR ERROR IN THE WORK FROM LACK OF DISCOVERY OR ANY OTHER REASON, IT SHALL IN NO WAY PREVENT LATER REJECTION OR RELIEVE THE CONTRACTOR OF PERFORMING CORRECTIONS TO THE UNSATISFACTORY WORK WHEN DISCOVERED. THE CONTRACTOR SHALL NOT FILE A CLAIM FOR LOSSES SUFFERED DUE TO ANY NECESSARY REMOVALS OR REPAIRS RESULTING FROM THE UNSATISFACTORY WORK. 7. SEWER PLANS THAT BEAR THE PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT (DSD) APPROVAL STAMP OR THE PIMA COUNTY RWRD ACCEPTANCE SIGNATURE SHALL ONLY BE USED FOR THE CONSTRUCTION OF PUBLIC SANITARY SEWER FACILITIES. APPROVED PLANS REQUIRING DESIGN REVISIONS SHALL BE RESUBMITTED TO PIMA COUNTY DSD OR RWRD (AS APPROPRIATE) FOR REVIEW AND RE-APPROVAL PRIOR TO START OF THE REVISED SEWER WORK. 8. ANY SEWER CONSTRUCTION WORK THAT IS NOT INCLUDED IN THE APPROVED SEWER PLANS WILL NOT BE ACCEPTED BY PCRWRD. SEE PCRWRD SSDC 2016, SECTION 1.+.5 REGARDING THE APPROVAL OF FIELD CHANGES. GENERAL SEWER NOTES ( CONTINUED ) : 9. IMMEDIATELY REPORT ANY OF THE FOLLOWING TO THE PCRWRD OPERATIONS CONTROL CENTER (OCC) AT (520) 724-3400: ANY RELEASE OF SEWAGE, ANY DAMAGE TO THE PUBLIC SANITARY SEWER SYSTEM, OR THE DROPPING OF DEBRIS INTO A PUBLIC SANITARY SEWER MANHOLE. A PCRWRD REPRESENTATIVE WILL BE DISPATCHED TO THE SITE. THE CONTRACTOR SHALL TAKE IMMEDIATE ACTON TO CONTAIN A SANITARY SEWAGE OVERFLOW (SSO). THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS TO REPAIR THE SYSTEM, MITIGATE THE RELEASE OF SEWAGE, DISINFECT THE RELEASE AREAS, AND ANY REGULATORY PENALTIES LEVIED ON PCRWRD FOR SEWAGE ENTERING A NATURAL DRAINAGE WAY OR STORM WATER DRAINAGE SYSTEM. THE CONTRACTOR SHALL REPAIR ALL DAMAGE AS DIRECTED AND APPROVED BY THE PCRWRD FIELD REPRESENTATIVE. 10. THE CONTRACTOR SHALL CONTACT 'ARIZONA 811"(DIAL 811 OR 1-800-782-5348) A MINIMUM OF TWO (2) BUSINESS DAYS PRIOR TO COMMENCING CONSTRUCTION ACTIVITIES. THE CONTRACTOR SHALL KEEP ALL UNDERGROUND FACILITY LOCATION REQUESTS UP-TO-DATE AND COMPLY WITH ARIZONA REVISED STATUTES (A.R.S.), TITLE 40, CHAPTER 1, ARTICLE 6.3, SECTION 40-360.22. CONCERNS REGARDING THE ACCURACY BETWEEN THE UNDERGROUND FACILITY MARKINGS AND THE PROJECT PLANS SHALL BE IMMEDIATELY REPORTED TO THE DESIGN ENGINEER. 11. CONTRACTOR SHALL MAINTAIN ACCESS TO ALL SANITARY SEWER MANHOLES AT ALL TIMES. 12. THE CONTRACTOR SHALL FIELD-VERIFY EXISTING SEWER LINE ELEVATIONS AND ALIGNMENTS PRIOR TO CONSTRUCTION. VERIFICATION MAY REQUIRE POT-HOLING. 13. ANY HOUSE CONNECTION SEWER (HCS) OR BUSINESS CONNECTION SEWER (BCS) LINES ENCOUNTERED DURING CONSTRUCTION SHALL BE PROTECTED, REPAIRED, OR REROUTED, AS THE SITUATION DICTATES, PER PCRWRD SSDC 2016 DETAIL NO. RWRD 400 AND AT NO EXPENSE TO THE PROPERTY OWNER OR PCRWRD. HCS AND BCS LINES ARE NOT OWNED OR MAINTAINED BY PCRWRD. PRIVATE CONNECTION SEWERS CONSTRUCTED PRIOR TO JANUARY 2006 ARE NOT REQUIRED TO BE LOCATED AND MARKED. 14. SURVEY La and surve control shall be performed b OR UNDER, THE DIRECT SUPERVISION OF an arizona RLS. 15. SURVEY CUT SHEETS SHALL BE PREPARED IN ACCORDANCE WITH PCRWRD SSDC 2016, SECTION 3.2.3(A)(i). CERTIFIED CUT SHEETS SHALL BE SUBMITTED TO THE PCRWRD FIELD ENGINEER PRIOR TO COMMENCEMENT OF SEWER CONSTRUCTION. CUT SHEETS ARE FOR PCRWRD REFERENCE ONLY AND SHALL NOT DELAY SEWER CONSTRUCTION DUE TO REVIEW OF THE DELIVERABLE. ANY ERRORS OR OMISSIONS RESULTING IN IMPROPER SEWER CONSTRUCTION SHALL NOT BE THE RESPONSIBILITY OF PCRWRD. REFER TO PCRWRD SSDC 2016, SECTION 3.2.3(A)(ii) FOR CONSTRUCTION SURVEY STAKING REQUIREMENTS. 16. THE DEVELOPER OR CONTRACTOR SHALL RETAIN AN ARIZONA-REGISTERED LAND SURVEYOR (RLS) FOR PREPARATION OF THE SEWER AS-BUILT PLANS. SEWER AS-BUILT PLANS SHALL CONFORM TO SSDC 2016, SECTION 1.4.7 AND ARE REQUIRED FOR FINAL ACCEPTANCE OF SEWER CONSTRUCTION BY PCRWRD. THE DEVELOPER OR CONTRACTOR SHALL SUBMIT TWO FULL-SIZE COPIES, AND AN ELECTRONIC VERSION, OF THE AS-BUILT SEWER PLANS TO THE PCRWRD FIELD ENGINEER. 17. NEW PUBLIC SANITARY SEWER FACILITIES MUST BE TESTED, INSPECTED AND AUTHORIZED FOR DISCHARGE BY PCRWRD AND ADEQ, OR IT'S DELEGATE, PRIOR TO DISCHARGING INTO THE EXISTING PUBLIC SANITARY SEWER SYSTEM. 18. THE CONTRACTOR SHALL COMPLY WITH APPLICABLE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REGULATIONS AT ALL TIMES. 19. PRIOR TO THE INSTALLATION OF SANITARY SEWERS, ALL ROUGH GRADING, INCLUDING FILL, SHALL BE COMPLETED TO A MINIMUM OF 4 FEET OVER THE TOP OF THE SEWER PIPE. BEDDING, SHADING, AND TRENCH BACKFILL COMPACTION SHALL BE PERFORMED IN ACCORDANCE WITH PCRWRD SSDC 2016, DETAIL NO. RWRD 104, OR AS SHOWN ON THE PLANS. SHOULD GROUND WATER OR UNANTICIPATED SOIL CONDITIONS BE ENCOUNTERED, THE BEDDING SHALL BE MODIFIED BY THE DESIGN ENGINEER AND APPROVED BY THE PCRWRD FIELD ENGINEER. WHEN THE NEW SEWER IS LOCATED WITHIN A PUBLIC SEWER EASEMENT, COMPACTION OF BACKFILL SHALL BE IN ACCORDANCE WITH THE CONSTRUCTION DOCUMENTS OR AS OTHERWISE DIRECTED BY PCRWRD. MEN THE NEW SEWER IS LOCATED WITHIN RIGHT-OF-WAY, COMPACTION OF BACKFILL SHALL BE IN ACCORDANCE WITH THE RIGHT-OF-WAY AGENCY HAVING JURISDICTION. 20. SANITARY SEWER CONSTRUCTION SHALL START AT THE LOWEST DOWNSTREAM POINT AND PROCEED UPSTREAM, REGARDLESS OF THE STATIONING SHOWN ON THE PLANS. IF CONSTRUCTION CANNOT BE PERFORMED IN THIS MANNER, THE CONTRACTOR SHALL PROVIDE AN OUT-OF-SEQUENCE LETTER FOR APPROVAL BY THE PCRWRD FIELD ENGINEER PRIOR TO THE START OF SEWER CONSTRUCTION. 21. THE HORIZONTAL AND VERTICAL SEPARATION BETWEEN PUBLIC WATER MAINS AND PUBLIC SEWER LINES SHALL COMPLY WITH ARIZONA ADMINISTRATIVE CODE (A.A.C.) RIB-5-502 AND PCRWRD SSDC 2016, DETAIL NO. RWRD 108. 22. PLANTING WITHIN PUBLIC SEWER EASEMENTS SHALL ONLY BE ALLOWED WITH SPECIAL APPROVAL. TREES WITH BRANCHES OR ROOTS HAVING THE POTENTIAL TO EXTEND INTO PUBLIC SEWER EASEMENTS SHALL BE AVOIDED. IN SPECIAL CASES, WHERE THE PUBLIC SEWERS MUST BE LOCATED OUTSIDE PAVED OR STABILIZED AREAS, LANDSCAPING AND PLANTING SHALL ADHERE TO GUIDELINES IN PCRWRD EDS 2016, SECTION 7.7 AND PCRWRD SSDC 2016, DETAIL NO. RWRD 111. 23. ALL STORM WATER POLLUTION PREVENTION PLAN (SWPPP) MEASURES SHALL BE INSTALLED TO PREVENT ALL STORM WATER, CONSTRUCTION WATER, FUELS, CHEMICALS, LIQUIDS, OR OTHER CONTAMINANTS, FROM BEING DIRECTED INTO OR ONTO ANY SANITARY SEWER FACILITIES. PROTECTION OF SANITARY SEWER FACILITIES SHALL BE A PART OF THE APPROVED CONSTRUCTION SWPPP AND BEST MANAGEMENT PRACTICES. PROTECTION DEVICES SHALL BE INSTALLED AND MAINTAINED AROUND ALL POTENTIALLY AFFECTED SANITARY SEWER FACILITIES WITHIN THE PROJECT LIMITS. ADDITIONAL MEASURES SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE USE OF RAIN STOPPERS AND MANHOLE COVERS AS DEEMED NECESSARY BY PCRWRD. 24. ALL PROJECT ACTIVITIES MUST BE KEPT WITHIN THE PROJECT AREAS. CONCERNING HUMAN BURIAL REMAINS, ARCHAEOLOGICAL CLEARANCE RECOMMENDATIONS DO NOT EXEMPT THE DEVELOPMENT FROM COMPLYING WITH STATE BURIAL PROTECTION LAWS. IN THE EVENT THAT HUMAN REMAINS, INCLUDING HUMAN SKELETAL REMAINS, CREMATIONS, CEREMONIAL OBJECTS OR FUNERARY OBJECTS, ARE FOUND DURING EXCAVATION OR CONSTRUCTION, GROUND DISTURBING ACTIVITIES MUST CEASE IN THE IMMEDIATE VICINITY OF THE DISCOVERY. ARIZONA STATE LAWS AIRS 41-844 AND 41-865 REQUIRE THAT THE ARIZONA STATE MUSEUM BE NOTIFIED OF THE DISCOVERY AT (520) 621-4795 SO THAT CULTURAL GROUPS WHO CLAIM CULTURAL OR RELIGIOUS AFFINITY TO THE REMAINS CAN MAKE APPROPRIATE ARRANGEMENTS FOR THE REPATRIATION AND REBURIAL OF THE REMAINS. THE HUMAN REMAINS WILL BE REMOVED FROM THE SITE BY A PROFESSIONAL ARCHAEOLOGIST PENDING CONSULTATION AND REVIEW BY THE ARIZONA STATE MUSEUM AND THE CONCERNED CULTURAL GROUPS. REF: PCZ 1602-001 PRV 1608-001 DEVELOPER. ENGINEER: Scale N/A Preliminar Plat for j , k. [ Cont. Interval: N/A 'Pu,, 1 te <,, EPS 2� 'rRF 531 2 Lots I- 144 Camino De Oeste r,nR PAIII G R u u r 3ENNErT and Common Areas "A" ( Open Space & of Section 2S, of the Northwest Sheet No. I -, "B" ( Natural Undisturbed Open Space PULTE HOMES, ARIZONA -, NA. G he Worthy / 3011 WEST INA ROAD 71 N . Thom Rd, Suite 140 T I 2S, R I 2E, G&SR 1'.. o3 Being a portion of NoIM 2 TUCSON, AZ 85741 T uc s on, AZ 85742 L ATTN: SAM MILLS D-n b T:520.408.1400 I F:520.408.14o3 y v, : BEZ O/ Town of Marana, Pima County, Arizona 6 PH: (520) 837-0275 w w . e g r o u p i n c . c o . Designed b BEZ 01 ](EPSProjecLNo. 15-317 Date: 09 /19/1 of 9 Pl�couNTr OT OPUS �.._ CONTROL POINT 12S12E_R21 (BASIS OF ELEVATION) 3" TOM BCSM \ \ ', 7 40 0 40 80 -_3 TOM BCSM ` < i \ " - - 1 _ - \ ( I SCALE J FEET 4` e SET IN 3" PIPE \ � \ 0 7 i / ` 7 LNB9.41�20•E PIMA- OaUNTY - � _ Piton C uNTY PIMA COUNTr -- PIM o TY -' 0 ON C HORIZONTAL: I " =40' ONTOUR INTERVAL: I' 8 -.00'- A AN S89 '41'20" W 1240.79' RA BAR > E N7A 1 - - � � - KEYNOTES: \. 10' ELECTRIC AND COMMUNICATIONS EASEMENT \ J / L / i EXISTING LECTRIC COMMUNICATIONS 1 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT \ EXIS ING ELECTRIC & COMM NICATIONS DKT 6137, PG 983 AND DKT 6266, PG 846 ` / SERVICE, iO BE ABANDONED SERVICE, iO BE ABANDONED 1 (TO BE ABANDONED) ` �\ I E2 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT CONNECT TO EXISTING 8" WATER MAIN CONNECT TO EXISTING SEWER MANHOLE r / �5 NEW FIRE HYDRANT ASSEMBLY \,• 100 YR FLOODPLAIN LIMITS "B" $ o J a n CA N �6 PROPOSED WATERLINE / E IX STIN� 12" VC SEWER -� \ / / �./ 1 rm � \` ) " 643596.6 SF J i 2 - JI G -85 -80 \ \ \ \ / a NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) J C 1 L / / FEMA ECTIVE / ' b NEW HDPE SiORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) \-GRADING LIMN'` �' PRELIMINARY JURISDICTI NAL� FLOODPLAIN LIMIT �9 / ETERMINATION 42" MIN. SECURITY BARRIER 100 YR FLOODPLAIN LIM o �o ( O3 NEW TRANSVERSE GRATE PER DETAIL e I a PAVEMENT SECTION 1 PER /EROSION HAZAR SE BACK J \ 2235 5 a3. 20 ' 00 5' CONCRETE SIDEWALK PER PAG SD 200 7 �:� / - _GRADING LIMI I( j / / / C22 4" CONCRETE ROLL CURB TYPE D PER MAG SD 220 -1 EXIST ING 36' SRP / } / / / / / - \ �. ` - - \ CA q 205 SIDEWALK SCUPPER PER PAG SD 205.5 (OPENING WIDTH AS SHOWN) ~ / �� � 39,1'_. -268' -. K ` sn" �" 107904.5 SF /. �� 302 STORM DRAIN MANHOLE PER PAG SD 302 / i S l H 4678 -23 J C K / - 34.6 - 1 k K - �_ - °� \ / ( 11077_ 3 - 3 °.s = _ 07904 5 SF - - C U> 06 TYPE 3 CATCH BASIN PER PAG SD 308 (OPENING WIDTH AS SHOWN) J C I //" G -85 -80 1 l I �� -0 - - IN FFE =42.6 309 TYPE 4 CATCH BASIN PER PAG SD 309 � 3 " 13 �- � � f j _ - - _ - _ ` ` 7654.2 SF I 13 CONCRETE HEADWALL PER PAG SD 313 fi I MINE / _3A..._ �i35- 1 y - -_ _ - _ h j� / I/ MIN FFE�33.2 _ _ - \ 0 . p Sao CURB ACCESS RAMP PER T.O.M. SD 600 -2 �A P l1 "/ / � �. / o MI FE -3� _ \ - I _ � \l � \ / MIN F 41.6 �. R60'p � �n 3 / 1 o \ 7403 7 SF F / \ \ \ \ \ 2 Sd PAD =42.80 / 107904.5 SF / ti A 3- / I \1 / �� N / _ _ -1 ) ( \ �" v . \ "I }7 fl t / PAD =31.00 A / 8053 2.5 F I V A A / N WE -- 5 \ o. O r R53' w MANHOLE TABLE i- B ^ - \ \\ ��FIEI 40.7 / Q � l F 5 �f \\ i� I PA PAD =42.20 En MANHOLE DETAILS SEWER PIPE TABLE /1 / ))� / 1308 I \ / \� - - 80 _ 1� I �MH 29 �1W RIM = 230.21 / I2.3' = � L40.3' 1 -� I / o \ _ 5 _ =7 4 = - 2 PIPE DETAILS J ��� �� "1 III ! A �. \ / 'S� INV IN 2218.41 J / � - v �, N IFFE63&91 \ 3 / -- 1 \ 2 a MH 9 / 8' DEPRESSED CURB �� 6 H I �A9 o- \ i 5 �,� (/) INV IN = 2218.41 193.00 LF NEW 8" PVC / �Iw e J PAD =36.00 C \ / 1\ Mf�J FF 38.9 > PAD =40.50 / / INV OUT = 2218.21 09 PUBLIC SEWER ® 1.02% DRAIN J _J �i / AGE OPENING �_ _ s' zoOJ \ �p J � l - ` �R700' -T o - 26.09 T 6 =d' J` -- .{ �� ��/ �� 1�_C S C F \ _ \ /1( 0 0 ✓ / \I O� 1 -� / 229.43 LF NEW 8" PVC MH 12 ` A o r 7. i `l, ,a I RIM = = 2220.74 PUBLIC SEWER ®1.00% 6 PVI C( /� MH 10 INV IN = 2220.94 � �`�5� � INV OU = 222 10 HF�=B_ _ 76.47 LF NEW 8" PVC II I - L - 87,0` o 13 � � 11 / MH 11 INV IN 22222?95 11 1 / I ` I H 11 350' �� -6� o - 1 PAD - 38.90 PUBLIC SEWER ®1.00% MW NG 8 R j 1 f I I _�((\ L ' \ ` l �s \ x ` '� OUT = 2221.74 r MW WATER // / f / / HYPE D' I r \; 6 _ o o i 7 G �l / J ry / /i - - 12 6 � L � 107.49 LF NEW 8" PVC - A _ h 7620 0 h / E ` `� S MH 1 z PUBLIC SEWER @ 1.00% RIM - 2229.06 R47' / / - / / r 22a i� 228.31 LF NEW 8" PVC IN OUT = 2223.06 PAD - 38.10 /�/ 1 ,.,\ 1 I MH 1 s 0 / M I MH 23 INV IN - 2224.49 / \ 1 11 / / / / 144 ' / �\ C h ./ - 3 O _ C RIM = 2232.24 23 PUBLIC SEWER @ 3.48% IN F€a3Y9 '� / _ / i // / i / ' ✓ o, i / p f / PAD =43.30 28 J \ / \ 0'/. SF� 1 / H f MH 28 / ✓ p INV OUT = 2224.29 228.07 LF NEW 8" PVC STING TEP // 1 \ �� n / / �/ �/ //� N 1 \ ,1 / /�� 8� t 7� / �o / / �� T p / ,� \ r PUBLIC SEWER ®3.83% E i� '� ! I�� / A \\ T3_ /i �� O• f / �p II 76`L i 200 `- RIM = 2236.21 / ELECTRIC / n i J / 8 J 7SF // / 092J 2 i / - / i i /� - _ MH 28 INV IN = 2227.50 167.26 LF NEW 8" PVC > / \ 29 _1405.2 SF o / / / \ _I INV OUT = 2227.30 PUBLIC SEWER ®2.50% 200 RIM = 2240.96 MH 29 r�rn� /ar ���� �� � / J 42 J l J s _ / INV OUT = 2231.78 -- 54.6, \ S // / 87 F - - A f IP 1 PAD =36.10 i S G j/ Y I ` J � ,� J GRADING LIMITS `- - ,( �� \ 28'- 0 . � JD ,ar - - ` / s /`\ /1 4 o �- \ °. - ,\ _ - / _ 00' A / L / n -R5 ! �^ // PRELIMINARY JURISDICTIONAL / ti� �b \PV1= .16 -- / /�� /��� / �/ fi / PROPOSED CONDITIONS PERU 1 I I I I 10 t - �/'\ II PAU =35.50 ^� / j J 3� 1� /�� / /j / / DISCHARGE SUMMARY TAELE STORM DRAIN SUMMARY TABLE m / �IIIII or / / j / %i / / IH / J - r J �. �/� / ' / SD�� la _�� - %// /� / 302 Qioo AREA LENGTH SLOPE DIAMETER = - I I�111 11 \� } / /1 X11111 C l _ % __% �/i �� 1 K 140- / / - �RR25' - / i / /� // / MH 23 LP ��FS� (A�> SO (FT) M (IN) _ / 8 218 4.1 30 I / / A 15.8 2.00 _ y - _ / / / / 70.5 / / / o /III ',// _�/ �� // �/ X i I B 10.1 1.41 $/ // �� / _ - / `� x PAD -34.30 17 9 225 13 141 3.8 18 9 83 3.9 30 /��� /j� \_� �� ✓� �� �I fi00 \ Ge P� / %i��i� / �� /� I / / �� R .. I I 1 \ 11 l I / ✓y / % 2 � i - so% i 7/ / j // / J , ^, �, I 111�� I �1 //� / -v v / � �I39 I �, 302 s � � �% ;�� �PE ��; �� /i / / \ \ / _ X320.0 % Y /I / i i, / 220 ( L 14 56 3.0 18 0 1 1 1 \ ", / �� % �/� - / ' l 1 �� �/� ll� i AO �`� 15 20 1.0 18 1 f / �� GRADING LIMITS ' ti / �`\ • ,rah i /ti% • 6 ° l PAD -33.00 PAD =30.70 PIPE 5 �� ( i �� ) 97 SEE SHEET 7 REF:PCZ1602 -001 PRV1608 -001 DEVELOPER: ENGINEER: Scale: I" = 40' s Preliminary Plat for contourmteval:N /A `9 Camino De Oeste Pu1te ( E P S 5 " " Lots 1 - 144 PRO GREGORY PAUL G aENNETIF and Common Areas "A' (Open Space) & 1 T :'•_ -. G R U U P �, Sheet No. s "B" (Natural Undisturbed Open Space) PULTE HOMES, ARIZONA F +q �ZONA. U 5 P�.a Bein a onion of the North of the Northwest% of Section 25, 3011 WEST INA ROAD 8710 son N. Thornydale Rd, Suite 140 "es O3 3 8 P T12S, R12E, G &SRM 4 TUCSON, AZ 85741 T -1, AZ 8514z .e' .; Town of Marana, Pima County, Arizona of 9 ATTN: SAM MILLS T:szo.ao8.14001 F:5z0.408.140a Drawn by: BEZ 0 PH: (520) 837 -0275 w w w. e p s g r o u p i n c. c o m Designed by: BEZ 0 1/ 16 EPS Project No. 15 -317 Dare: 09 /19/16 s Reyu er �uunn ..3 lily _ ege _„� 10' ELECTRIC AND COMMUNICATIONS EASEMENT� DKT 6137, PG 983 AND DKT 6266, PG 846 (TO BE ABANDONED) r 40 0 Q E0 F II Su.ALI, FEET HORIZONTAL: I"=40' CONTOUR INTERVAL: T EXISTING ELECTRIC - SERVICE _41- CA IIA"' -107904.5 SF- ED L; Li!A X 220 ED H 2 28" SEE SHEET 8 7u, _ PROPOSED CONDITIONS PEAK 200 STORM DRAIN SUMMARY TABLE /5 0 -Z T DISCHARGE SUMMARY TABLE 0100 L LENGTH SLOPE DIAMETER s5 o G a 218 4.1 30 AREA CP AD (CFS) (AC) (FT) M (IM IF 16 cS-,reet 911 ST V't - 1111 E 41.6 5.33 -' 'i�� -I+' 0 4B, 600 rQ] 2 L3. 6 3.06 9 83 3.9 30 45.4 2 0 60 O R25' 10 92 4.0 30 / / A E 200 6 A // / 11 43 4.0 30 406679.0 SF/ R50'J H -1 __ -_:� REF: PCZ 1602-001 PRV 1608-001 DEVELOPER: ENGINEER: Preliminar Plat for [I .' "' = 'Oj Imal: N/I Camino De Oeste 531 2 ,te /E9 E P S ' rRFrnR PA Lots I - 144 FPR02] GROUP 8 . EININIM and Common Areas "A" ( Open Space & Sheet No. 1 . "B" ( Natural Undisturbed Open Space PULTE HOMES, ARIZONA 5 I Bein a onion of the North/ of the Northwest/ of Section 25, 3011 WEST INA ROAD 71 N. Thorn Rd, Suite 140 g p 3 5 TUCSON, AZ 85741 ucson, AZ 85742 T I 2S, R I 2E, G&SRM AT Town of Marana, Pima County, Arizona PH : �N SAM MILLS T:520.408.1400 I F:520.408.1403 Drawn BEZ 0III 0 837-0275 www.e ps rou pin c co m es � - BP7 of 9 �52 ) Desig 01114 (EPSProjecLNo. 15-317 Date: Oq/ I q/ I _G\ Fl] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT V NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT CONNECT TO EXISTING 8" WATER MAIN CONNECT TO EXISTING SEWER MANHOLE r5] NEW FIRE HYDRANT ASSEMBLY F6] PROPOSED WATERLINE NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) NEW HDPE STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 42" (MIN.) SECURITY BARRIER NEW TRANSVERSE GRATE PER DE TAIL T PAVEMENT SECTION I PER T C (200 5' CONCRETE SIDEWALK PER RAG SID 200 (�� 4" CONCRETE ROLL CURB TYPE D PER MAG SID 220-1 (205 SIDEWALK SCUPPER PER PAG SID 205.5 (OPENING WIDTH AS SHOWN) STORM DRAIN MANHOLE PER PAG SID 302 (308 TYPE 3 CATCH BASIN PER PAG SID 308 (OPENING WIDTH AS SHOWN) TYPE 4 CATCH BASIN PER PAG SID 309 ).8 ID 1-- D13 CONCRETE HEADWALL PER PAG SID 313 (:6iK CURB ACCESS RAMP PER T.O.M. SID 600-2 Lu Lu L 1: A - Lu MANHOLE MANHOLE -- RIM MH 15 TABLE DETAILS = 2245.98 INV OUT - 2226.33 SEWER PIPE TABLE Lu V) R60'_ NV OUT = 2226.53 RIM - 2253.78 NV - 2228.74 PIPE DETAILS 15 40.75 LF NEW 8" PVC MH 16 IN NV N 2228. INV IN = 2228.94 PUBLIC SEWER @ .53% ,5, 3 H 32 MH 23 RIM - 2232.24 INV I N 2224.49 INV OUT 2224.29 222.08 LF NEW 8" PVC 16 PUBLIC SEWER ® 0.987 17 116.17 LF NEW 8" PVC PUBLIC SEWER ® 1.14% 37.49 7k MH 24 RIM = 2239.05 INV IN - 223 I NV 223 32 23 228.31 LF NEW 8" PVC PUBLIC SEWER ® 3.48% K MH 25 NV O 2231.12 I O RIM = 2248.97 INV IN 2240.19 INV OUT 2239.99 24 162.31 LF NEW 8" PVC PUBLIC SEWER ® 3.99% - 25 285.10 LF NEW 8' PVC PUBLIC SEWER @ 00% AS/- MH 26 RIM = 2253.63 INV IN - 2244.72 I NV OUT = 2244.52 - 26 2544 LF NEW 8" PVC P SEWER @ 1.50% *YPE 220 -1 IPE 321 MH 27 RIM = 2256.75 INV OUT = 2247.62 RIM = 2240.96 27 141 78 LF NEW 8" PVC - PUBLIC SEWER ® 1.997 167.26 LF NEW 8" PVC MH 31 - 7- MH 29 MH 30 INV OUT = 2231.78 RIM - 2241.99 IN OUT = 2233.30 V 29 PUBLIC SEWER ® 2.50% 192.02 LF NEW 8" PVC 30 PUBLIC SEWER ® 1.01% - - MH 31 RIM - 2255.61 INV OUT 2236.57 31 91.35 LF NEW 8" PVC PUBLIC SEWER ® 8.00% B -3d 6 � MH 32 INV OUT 2236.77 RIM = 2257.14 INV IN = 2246.98 1 32 123.59 LF NEW 8" PVC PUBLIC SEWER ® 8.00% 7u, _ PROPOSED CONDITIONS PEAK 200 STORM DRAIN SUMMARY TABLE /5 0 -Z T DISCHARGE SUMMARY TABLE 0100 L LENGTH SLOPE DIAMETER s5 o G a 218 4.1 30 AREA CP AD (CFS) (AC) (FT) M (IM IF 16 cS-,reet 911 ST V't - 1111 E 41.6 5.33 -' 'i�� -I+' 0 4B, 600 rQ] 2 L3. 6 3.06 9 83 3.9 30 45.4 2 0 60 O R25' 10 92 4.0 30 / / A E 200 6 A // / 11 43 4.0 30 406679.0 SF/ R50'J H -1 __ -_:� REF: PCZ 1602-001 PRV 1608-001 DEVELOPER: ENGINEER: Preliminar Plat for [I .' "' = 'Oj Imal: N/I Camino De Oeste 531 2 ,te /E9 E P S ' rRFrnR PA Lots I - 144 FPR02] GROUP 8 . EININIM and Common Areas "A" ( Open Space & Sheet No. 1 . "B" ( Natural Undisturbed Open Space PULTE HOMES, ARIZONA 5 I Bein a onion of the North/ of the Northwest/ of Section 25, 3011 WEST INA ROAD 71 N. Thorn Rd, Suite 140 g p 3 5 TUCSON, AZ 85741 ucson, AZ 85742 T I 2S, R I 2E, G&SRM AT Town of Marana, Pima County, Arizona PH : �N SAM MILLS T:520.408.1400 I F:520.408.1403 Drawn BEZ 0III 0 837-0275 www.e ps rou pin c co m es � - BP7 of 9 �52 ) Desig 01114 (EPSProjecLNo. 15-317 Date: Oq/ I q/ I _G\ Fl] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT V NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT CONNECT TO EXISTING 8" WATER MAIN CONNECT TO EXISTING SEWER MANHOLE r5] NEW FIRE HYDRANT ASSEMBLY F6] PROPOSED WATERLINE NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) NEW HDPE STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) 42" (MIN.) SECURITY BARRIER NEW TRANSVERSE GRATE PER DE TAIL T PAVEMENT SECTION I PER T C (200 5' CONCRETE SIDEWALK PER RAG SID 200 (�� 4" CONCRETE ROLL CURB TYPE D PER MAG SID 220-1 (205 SIDEWALK SCUPPER PER PAG SID 205.5 (OPENING WIDTH AS SHOWN) I \ / '� �\ •111` =� ' � � \ \ ( \ \ \\ MH 172 -6 1 G -79 -121 i NOTHING FOUND v L v G1 1 40 o ao eo "RLS 19316" SCALE FEET \PIMA COUNTY \ \ PIMA COUNTY / \ PIMA COUNTY ~ 7 - A COUNTY 1 1 \ HORIZONTAL: V AL CONTOUR INTERVAL: : I' MARANA A ANA MA ANA _ MARA A F \ KEYNOTES N89'42'21 "E 1290.67' / _ _ - \ ❑i 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT I L Y - - �1 I I N8 '42'21 "E 1 NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT \ _ 30. 0' 30 \ 7 /� ✓ ' INGR EGRESS \ \ �I \ f \ I \ a ,/ 3 CONNECT TO EXISTING 8" WATER MAIN EA9EM GREGORY PAU CONNECT TO EXISTING SEWER MANHOLE / `1 ` 1 MISTING 8" �5 NEW FIRE HYDRANT ASSEMBLY - _ _ \ - ^� 1 OVWU WATER � PROPOSED WATERLINE FEMA EFFECTIVE FLOODPLAIN LIMIT - NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) � Js ( r N� \ N ' % D o m� N I r N b NEW HOPE STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) f o 4RELIMINARY JURISDICTIONAL '�����- �'� ` 3 O 42" (MIN.) SECURITY BARRIER E \� i / - �_ _ - �- \ ter\ y O e NEW TRANSVERSE GRATE PER DETAIL DETERMINATION PAVEMENT SECTION 1 PER �� < \) \\ ( S EXIST \G 44 'x7 i 200 5' CONCRETE SIDEWALK PER PAG SD 200 JD g„ ` \� 1 ✓ = r C n r I ! ELLIPTICAL_ CMP's� X20 4" CONCRETE ROLL CURB TYPE D PER MAG SD 220 -1 /CAA - f / / ��� / ('A IIBII \ �o / ` M f 205 SIDEWALK SCUPPER PER PAG SO 205.5 (OPENING WIDTH AS SHOWN) G 07904.5 SF \ / 643 96.fi SF \ \ _ _ N X02 STORM DRAIN MANHOLE PER PAG SD 302 30a TYPE 3 CATCH BASIN PER PAG SD 308 (OPENING WIDTH AS SHOWN) - X09 TYPE 4 CATCH BASIN PER PAG SO 309 J 51.2' s36; ___ \ ��� I \ ` I J 11 EXISTING 1 P1�84E236 X 3 CONCRETE HEADWALL PER PAG SO 313 i ��� r CURB ACCESS RAMP PER T.O.M. SD 600 -2 - / Ln I b \ / , - s �o Hardy Rd 100 YR FL ODPLAIN _ GI FFE =59.8 \ Q LIMITS TORE ACCESS FOR BANK Lu 6 �3� 1 N \ \ FUTURE ACCESS FOR BANK \ \ \ C m / / -- 1I PROTECTION MAINTENANCE \ D (PLIBLIC) MANHOLE TABLE SEWER PIPE TABLE = r 6208�TSF - 916.6 SF v / / I PROTECTION MAINTENANCE N A � MH 4163 - 01 , - MANHOLE DETAILS PIPE DETAILS Lu PAD =58.10 PAD =59.25 MIN E - 61.Y - - - \_ _ _ _ - ' Z - - �� 7 / - - _ - 84 - 236 / ^/ _ �_ / _ - �- - - / / _�� '� RIM = 2253.78 116.17 LF NEW 8" PVC N V ` \ 32 / - - - \, ° S / - - - _ � L = - S89'40'40"W 589.68' T - -� 1 ( - MH 16 INV IN - 2228.74 17 PUBLIC SEWER @ 1.14% IIII INV IN = 2228.94 I ,r _ INV IN = 2228.94 91.35 LF NEW 8" PVC - a 19' L =se.9 R60' - � O � - - � L I G XISTING 2 12" VCP SEWER 31 PUBLIC SEWER @ 8.00% / y - 79 - 1 1 MH 27 RIM = 2256.75 - PAD -59.71 1 \ / \ ( RLS 19316 _ / 32 _RLS 13178" MH 2 ��J 6 I f 1 I I I I \" INV OUT = 2247.62 PUBLIC SEWER ®800% '' I - \ / 1 n '� /� RIM - 2255.61 o. / EROSION HAZARD SETBACK I °I \ \ L 1 MH 31 INV OUT - 2236.57 MH 32 / I / r I 1I I I �� L I INV OUT = 2236.77 r1J a' " w.� / I i ' / > \ \ RIM = 2257.14 - PvI =57.49 ` R53' / i / J / I / ` \ I \ `EXISTING TEP MH 32 / �- INV IN = 2246.98 ELECTRIC 33 - R25' �6e5.0 s� - v _ / 1 A I / - �I ��I �i I -MH 1726 -25v a v PAD %.50 / -� �� V I - i I ��� c - �- - �> 20 �i h 220 2 - -v� -- = �_ i� �/ ��� i /��� �� - 7/ / z '` 2x6s o t - i / I \ o C andleberry W a y - - \ n ` i �� �34 e I /' .. PIPE 32 7 AJ- - - "�'' \\ \ \ 8ii, I \ \ i Py`..;: \ \\ \ I I (� / / EXISTING 8' PV SEWER e i b \\ 1 \ G -93 -114 n .40 _ i II n \ I / \ \\ \ I III / MH 6659 - �' PAD =58 -122.0 -_ _ I I \ f \ \ / / G - 93 - 114 H 31 a 07964 SF 1 \\ I h < _ Z IPE31 3 / // �I \ _ I1 \ _� m om R25' I � I 1 Z // 2 / F \ I - ` \ \ \ I \\ \ C1 / I \ - \ J I ( j 600- / 1 MH 116 �� M r _ _ _ _ _ \� �\I \ _ > / \ I \ ✓ J� / I (�- \ I 3 \ L - ////36 RLS 13 � j / j � j� \ � / / l 1 \ \ , I ��✓ f C�_RLs Is31 �/ 1 \ \\ �f7 s0o �1PE 17 ` N89'44'58 "\ 480 \ 7 ^ °D " 107904.5 SF o SEE SHEET 9 REF: PCZ1602 -001 PRV1608 -001 DEVELOPER: ENGINEER: Scale: 1 " =40' Preliminary Plat for ( Contour lnre al: N/A ri E P S E9 L Camino De Oeste .m 5]194 z „ „ Lots I - I PR03 BENNER and Common Areas "A' (Open Space) & p911P' GROUP � Sheet No. s P B (Natural Undisturbed Open Space) PULTE HOMES, ARIZONA f} Z ONA. U.` 0 Being a ortion of the North of the Northwesty of Section 25, 3011 WEST INA ROAD 8710 N. Thornydale Rd, Suite 140 'tee" 03 3 ` P T12S, R12E, G &SRM 6 TUCSON, AZ 85741 Tucson, AZ 85742 Town of Marana, Pima County, Arizona of 9 _ ATTN: SAM MILLS r:szo.aoa.laoo I F:520.408.1403 Drawn by: BEZ 01/16 PH: (520) 837 -0275 w w w . e p s g r o u p n c . c o m Designed by: BEZ 01 / 16 EPS Projecc No. 15 -317 Dace: 09/ 19/ 16 1 1 L; WE X, WENEE SECIION 3* TOM BIDS M SEE SHEET 4 40 0 40 30 " I SCALE FEET HORIZONTAL: I"=40' CONTOUR INTERVAL: V KEYNOTES: r ❑ ] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT M V NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT r CONNECT TO EXISTING 8" WATER MAIN r CONNECT TO EXISTING SEWER MANHOLE r NEW FIRE HYDRANT ASSEMBLY r ] PROPOSED WATERLINE to NEW RCP STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) NEW HOPE STORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) O 42" (MIN.) SECURITY BARRIER O NEW TRANSVERSE GRATE PER DETAIL T O PAVEMENT SECTION I PER (@ (2ODO 5- CONCRETE SIDEWALK PER PAG SO 200 ( 2 D20 4" CONCRETE ROLL CURB TYPE D PER MAG SO 220-1 2D5 SIDEWALK SCUPPER PER PAG SID 205.5 (OPENING WIDTH AS SHOWN) (D3O2 STORM DRAIN MANHOLE PER PAG SO 302 (3OD8 TYPE 3 CATCH BASIN PER PAG SO 308 (OPENING WIDTH AS SHOWN) (D309 TYPE 4 CATCH BASIN PER PAG SO 309 3t3 CONCRETE HEADWALL PER PAG SO 313 (D60O CURB ACCESS RAMP PER T.O.M. SO 600-2 0 MANHOLE TABLE SEWER PIPE TABLE u MANHOLE DETAILS PIPE DETAILS u 1: RIM = 2192.10 229.29 LF NEW 8" PVC 0 EX. MIR. 4271-01 INV IN = 2185.56 01 PUBLIC SEWER ® 1.42% u INV OUT = 2185.36 u 1 83.47 LF NEW 8" PVC RIM - 2198 65 02 MH 1 INV IN 21�9.07 PUBLIC SEWER @ 2.01% INV OUT = 2188.87 03 123.37 LF NEW 8" PVC RIM = 2202.21 PUBLIC SEWER ® 1.98% MH 2 INV IN - 2193.05 0 LF NEW 8" PVC I NV OUT = 2192.85 04 1 24.45 PUBLIC SEWER ® 4.55% R - 2207.17 94.67 LF NEW 8" PVC MH 3 IN OUT 2195.57 05 INV OUT 2195.77 PUBLIC SEWER @ 4.50% RIM - 2212.17 06 161.79 LF NEW 8" PVC MH 4 INV IN = 2201.62 PUBLIC SEWER ® 2.48% INV IN = 2201.82 07 43.46 LF NEW 8" PVC RIM - 2215.97 PUBLIC SEWER ® 1.14% MH 5 IN OUT - 2206.26 INV OUT = 2206.36 08 272.51 LF NEW 8" PVC PUBLIC SEWER ® 1.66% RIM = 2222.43 MH 6 INV IN IN IN - 22 09 193.00 LF NEW 8" PVC - 221 0.67 PUBLIC SEWER ® 1.027 IN I N = 22 10.67 23 2UB�31 S E WER F NEW 8" PVC RIM = 2223.63 P IC ® 3.48% MH 7 INV IN = 2211.41 INV OUT = 2211.21 RIM - 2223.60 MH 8 INV IN - 22 INV IN - 221 6.21 INV OUT = 2216.0 1 L -1 PROPOSED CONDITIONS PEAK STORM DRAIN SUMMARY TABLE DISCHARGE SUMMARY TABLE CP 010D AREA SO LENGTH SLOPE DIAMETER (CFS) (AC) (FT) (7) (IM B 10.1 1.41 1 80 0.3 30 C 32.6 4.11 2 138 1.8 30 D 11.0 1.40 3 126 3.8 30 F 51.8 6.52 4 127 3.8 30 M 6.6 0.83 5 96 4.0 30 rNI 4.4 0.55 6 138 3.5 30 7 239 9.3 48 PI 1 25.9 1 3.26 1 8 218 4.1 30 12 58 1.0 18 13 141 3.8 18 - 7- 15 1 20 1 1.0 1 18 1 REF: PCZ 1602-001 PRV 1608-001 DEVELOPER: ENGINEER: Preliminary Plat for [1ce., "' = 'Oj C ' Imml: N11 Pj E P S 'r- 531 2 Camino De Oeste PAUL Lots I - 144 FPR04] GROUP e- . ENNE and Common Areas "A" (Open Space) & Sheet No. PULTE HOMES, ARIZONA . s' . "B" (Natural Undisturbed Open Space) A.I Bein a portion of the North/ of the Northwest/ of Section 25, 7 3011 WEST INA ROAD 8710 N. Thorn Rd, Suite 140 3 7 TUCSON, AZ 85741 Tucson, AZ 85742 T 12S, R I 2E, G&SRM AT Town of Marana, Pima Count Arizona PH : � SA MIL LS T: '20.40' 1� g 400 o F: 5 2, 0.4 c OS c l o 40 m 3 [.D n BIZ 0,' of 9 � 520) M 8 w w w. e p u P Zm'c B , 01/16 (ERS Project No. I5 -317 Dace: 09 /19/16 , SEE SHEET 5 \ � 7 � - �� �rT �rTTT �� /'� �'� /i 1 ' 7 boa '�j T _ 9 ti / ( �� // / H15 C_ - // e �// / // ® N 7 7 7 - . EXISTING BUILDING' 10 i0 BE REMOVED � `��' r R50' /9 IPE 16 L� /!^p'R25'7 ox SOS l D =34.30 1947 .41St# - J 6 9 0 PAD- 36.65 /% Rso'� 1 �SF= J // N ) \ ( \ ��/ / ,PAD = 49.201 �� 1 40 o 40 ao // � / // � 1a SCALE 4385.0 S EEEr FG =44:9a / // / // // / 1 / r ` \ \ CONTOUR INTERVAL: I' RSO,_ c 2GO / / // -17 / MH' 1 // KEYNOTES: ti PAD =34.90 / J R55' PAD =52.80 PAD =38.20 / � - / /� 6 Shy 41. R55 ' - / 3oa E] 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT / - PAD =50.80 ` J i 2XF ��. � � / I I � L � / 5 / ) / . �/ / J I �/ l / l / / / PAD -48.40 \ 0. , / / � � J / / / / � ivy � � � \ \ � --� J � ❑2 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT / f / R50' / I 20' SEWER - /� j 308 / / 64 � / 1a 3 CONNECT TO EXISTING 8" WATER MAIN / j 00 EASEMENT / / _ ❑ / o 33.45 / / / PE 14 ` / // �& PAD = l J z2G 1VB ❑ CONNECT TO EXISTING SEWER MANHOLE / / _ � � /v - -_ / / � � �/ // / 1 I �_ -_ - - ❑ / P �-- / MH 13 / / / j�l 1 1 ( -- - r- // ' _3,1 A ,� / / 5 NEW FIRE HYDRANT ASSEMBLY C Q A ��92.4 SF _ / I \ \ \� / PAD =46.20 // // - / / 7 - - b © PROPOSED WATERLINE � 3 / \� 1 l 3032.0 SF 9 �J i / // J / l l j / / /) 4 " 1 � F\ / / \06�7F _ /// 11 / 10 b 39. SE 0 � 1 � < < _ T _ _ a NEW RCP SiORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) � �- � PAD =31.65 ' �- // � � / � �� _ � � � � � � - � �� � � - r i / 12'621 Q I F� E F 1 J l J V / PAD =46.00 / / , / f � o \ \� b NEW HDPE SiORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) X2 14' S \ - _�S it //I / // 76 $ � I I - / (� _ -✓ P /� J a �� 0 9341. _ T �i /// n / / / // l &S L = i _ 3 / / _PAD =52.20 O2 42° (MIN.) SECURITY BARRIER \ ti - _ - - / /// v / ✓ / / �ti // _ -, / / 1 O3 NEW TRANSVERSE GRATE PER DETAIL e 0P PAD =29.60 / i� R45 � o PAVEMENT SECTION 1 PER � ,�^ e' ' ` A /A K 40��� i 200 5' CONCRETE SIDEWALK PER PAG SD 200 \ h f / J S PAD - 53.50 A / �j J 22G / - /// 1 4" CONCRETE ROLL CURB TYPE D PER MAG SD 220 -1 // / ,/ / / / // SIDEWALK SCUPPER PER PAG SD 205.5 OPENING WIDTH AS SHOWN 1 `j y 28 / PI 13 U ( ja �9 302 STORM DRAIN MANHOLE PER PAG SD 302 1 - _406679.0 SF_ 233 7 PAD =33.20 - TYPE 3 CATCH BASIN PER PAG SD 308 OPENING WIDTH AS SHOWN F - i / / 111 ) - // / / s EI= 4o.aa� _ i _ ( ) Fc =23'x1 A / // = / 1 / �i / s /l/ / / / ( = MG WSE -42.47 - - /i -_ / o / \ f // - i/ , 309 TYPE 4 CATCH BASIN PER PAG SD 309 / PRELIMINARY JURISDICTIONAL- / / Q - 138.5 CFS _ i �� � soG \ �\ \ z PAD =30.fi0 / ETERMINATION soo - / / \ \ I ` ` C oalN ij55 j 313 CONCRETE HEADWALL PER PAG SD 313 ii y / \ ��� �_ �Q _ \ \\ aoo 07 CURB ACCESS RAMP PER T.O.M. SD 600 -2 _ PAD =28.25 / // / I�/ i / / - i / - ' Lu w - 3 / y o / �/ / _ I j /// �/ / - \ \ \ \\ `.,{ i / j i/ MANHOLE TABLE �„ / / / / / / �� � Li j / � �� �/� /i � //i \ � ����� w SEWER PIPE TABLE V) - aJ /o /// �� S 1 �I� / �/ I/ / �.A \ ����1�/ ' `' \ / \ / / / /•• / �/ L. I I / /�/ / \ \1 1 • /� �j - t/7 MANHOLE DETAILS PIPE DETAILS W rt� 220 - _'� / r / / /� �/ / / //� //_ �\ \ / _ o - i / / !� \ `� / \ I W 161.79 LF NEW 8" PVC N � ( o �u/�� � // / / \ / f / 1 1111 l \ \ \ I 111 I \ J /' / �\ '� J �� INV IN 222210.47 O6 �/`1 // / I . / \ 1 i / MH 6 INV IN = 2210.67 PUBLIC SEWER 2.48% 05 / 2,9.2S 43.46 LF NEW 8" PVC �� // �/� / / /• ) 1111 / �� i 0.�✓v A l 4066 9. SF �� / /j/� �. -� •'� / H �� INV IN = 2210.67 64 RIM = 2223.63 07 PUBLIC SEWER ® 1.14% SD6 I I MH 7 INV IN = 2211.41 272.51 LF NEW 8" PVC la \ c, IY�t -- \ ` \ \\ \ - ���•� 1 ' 08 PUBLIC SEWER ®1.66% INV OUT = 2211.21 6429.2 SF e. ` /// // / / `// l / i \ _ // \ PRELIMINARY JURISD14ilONAL // 3:t c, / / r DETERMINATION I I / '�• - „� - RIM = 2231.41 228.05 LF NEW 9" PVC // // / ✓ I / r. / ` a PAD =22.30 \ \ �,Sn'� // / / / I \�1 �_ MH 13 INV IN = 22 18. 13 A429.2 SF /r�l/ `� / l y l o / / n II �_�... l' J- ) I �... /{\'� 95 / / /I INV OUT 2218.31 PUBLIC SEWER ® 3.297 / / \ CA " y �� 1 a / / R M - 2244.93 14 450.75 LF NEW 8" PVC A �% ` // / `�� //.•" �� / MH 14 INV IN = 2225.65 545 PUBLIC SEWER 01.53% .2 SP / / ( / / �/� Q 1 / ���\�� INV OUT = 222. 15 40.75 LF NEW 8" PVC 1 \ I / ` - MH 15 INV OUT 22 2226.33 PUBLIC SEWER � 1.53% f�OSI6N HAZARD SETBACK / ti h / ` _ 222.08 LF NEW 8" PVC \- i / /� / /,• 1 I 1 / I / /� on N / �� INV OUT = 2226.53 16 PAD =18.60 /// / - 100 YR FLOODPLAIN LIMITS PUBLIC SEWER 0.98% or �o RIM - 2251.31 1 116.17 LF NEW 8" PVC \ \ y . � / MH 17 INV IN = 2230.51 17 uo - y /� - � /�/ // \ \���� // / �+ - / INV OUT = 2230.31 PUBLIC SEWER ® 1.14% - ( % -! -, - %/ \ / /12282 SF� - / PRELIMINARY JURISDIGTIONAL // �y �� DETERMINAT -7 ON - s j i / a / EXISiN� G FENCE /� _ ,100 YR FLOOD�LA11 LIMITS �i I �_ ` 1 \ / _ i i `\ ` y . 'd 9 PAD =50.40 -,,6-3 a �/ \ �. \ // ✓ j / %ERdSION HAZARD SETBACK - / / j / _ _ \9 �.. \ _ / / PI I WRELIMINARY JURISDICiI�ONAL ` I �� l �\ / f ' `� /� PRELIMINARY JURISDI TIONAV I i I Z >a ' DETERMINATION ( \\ \ \ /j /! DETERMINATION ti 9 J a \ / / ` \ ' 2 / O� - PROPOSED CONDITIONS PEAK v I STORM DRAIN SUMMARY TABLE DISCHARGE SUMMARY TABLE a ° I \ r i I ` o I 1 \ l \ `��J� \ \� \�\ �� �-� \\ ) `� // /r- i / /= _ _103.5_ Oi00 AREA LENGTH SLOPE DIAMETER \ i / / i /i / / //� /( cP (CFS) )AC) SID %) (IM 8.7 1.11 6 138 3.5 30 9 �' \ ' 1 ` / / S \ 3 �- - - + � / - ` \r� 28.5 3.59 8 218 4.1 30 S89'40�53"W 1239.42'x' - T " - S89'41'05"W 1289.66'r / �! ,I 38.3 4.82 16 172 2.3 54 // // / / i / / 7 89 s 36 LS 259 GISTIN FENCE i /�% i I- - / I / ^\ / / //� /� / / / �1 K 3.8 0.48 _� 9 I - / / / / 0 �o %�i /Till% /�,_;, _ _ l�� ll 3.9 0.49 21 24 1.0 24 \, w 1- �i �'�iii / �� �% i - /// / I D. / 1 (-�. �� I �� \\ \� 0 3.5 0.44 / q - // i�i� / %�/ l �`-� _ /// _ i _ - �� �� /� .• 1 - C / 1 - - 2 ;�''�'��t P 25.9 3.2fi / ,�••� tom.! i�!��iii / / / /� / /f� /�� ��������, >>>I��,-- �, \ .I,���' > � / .� - � �- ��;! / /rl� ;r it f(� /�� _ =� /ii/ /Il REF: PCZ 1602 -001 PRV 1 608 -001 m DEVELOPER: ENGINEER: Scale: I " =40' N Preliminary Plat for conteurinterval:N /A `9 Camino De Oeste Pufte 5792 Lots 1 - 144 FPR05 GREGORY PAUL BENNEif and Common Areas "A' (Open Space) & GR & "B" (Natural Undisturbed Open Space Sheet No. PULiE HOMES, ARIZONA FpR BONA, u 5 P,0 Being a portion of the North/2 of the Northwest/4 of Section 25, 8 3011 WEST INA ROAD 8710 N. Thornydale Rd, Suite 140 s 03 3 T12S, R12E, G &SRN TUCSON, AZ 85741 Tucson, AZ 85742 E Town of Marana, Pima County, Arizona of 9 ATTN: SAM MILLS T:520.408.1400 I F:5z0.408.1403 Drawn by: BEZ 01/16 PH: (520) 837 -0275 w w w . e p s g r o u pin c . c o m Designed by: BEZ 01/16 EPS Project No. 15 -317 Date: 09 /19/16 s Reyu er �uunn ..3 lily _ ege � 1 SEE SHEET 6 \ \�- - -- �I F N '0 0 40 80 SCALE FEET HORIZONTAL: I " =40 CONTOUR INTERVAL: I' l I - 308 F X01 i 11 ^ 11 '+966Z9.a s� C w Lug / /\ V) 111 I \ PROPOSED CONDITIONS PEAK STORM DRAIN SUMMARY TABLE \ I DISCHARGE SUMMARY TABLE I� 1 _ ( -- - -- - - - - /sd0/ % //6 b �_ I % �1� 6 \\ ' ___ __Y�i __ 5.0' __ ___ X65 _ _ I _\__ 65.0 _ / / // / III = d 4 CP Quo %) AREA SD LENGTH SLOPE DIAMETER / ( r - -- - - - - -- -- -- -- - -- -- - - - - -- -- - - - - -- -- _ -- -- \ _ (AC) (FT) OM u (CES) 8.7 1.11 17 89 1.5 36 / DETERMINATION - \lj �/ / 1'L / / //� ��� / / �- I �/ 28.5 3.59 18 89 2.2 36 /�/ / �SBT41'05"W 1289.66' I \ / / _ _ / � � �� d 38.3 4.82 19 70 2.3 36 i / / // iii , K 3.a o.48 2 24 2.1 36 21 1 24 1.0 24 M� \ ✓ r POSSIBUE FUTURE CO NN ECTION / 22 3fi 0.6 36 \/ / �� E OESTE \ l/ \ 23 43 0 8 SOUTH @ CAMINO D p P / I & CORTARO FARMS / J\ l..�\ �� � �'� "� "'' �_ ,__ _ _ �� ��� -� � 1l 1�II11 � % i�i�� \ \\ V 1111 /ll l �N I VIII � l_ �i� %, _-= REF: PCZ 1602 -001 PRV 1608-001 DEVELOPER: ENGINEER: Scale: I " =40' Preliminary Plat for ContourinteNal: N/A E P S `9 Camino De Oeste JNO Lots I - 144 PR06 GRE J B and Common Areas "A' (Open Space) & G R 0 U P B (Natural Undisturbed Open Space) Sheet No. PULTE HOMES, ARIZONA ' ^ g 3011 WEST INA ROAD 8710 N. Thornydale Rd, Suite 140 Area 03 3� Being a portion of the Northy of the Northwesty of Section 25, 9 TUCSON, AZ 85741 Tucson, AZ 85742 T12S, R12E, G &SRM �.e,' ,,•:� p,E.,.,°, Town of Marana, Pima County, Arizona of 9 AT SAM MILLS T:520.408.1400 I F:520.408.1403 Drawn by: BEZ 01/16 PH: (520) 837 -0275 w w w. e p s g r o u p n c. c o m Designed by: BEZ 01/16 FPS Project No. 15 -317 Date: 09 /19/16 Ei 10' PUBLIC UTILITY EASEMENT BY FINAL PLAT �� J C \� F2 1' NO VEHICULAR ACCESS EASEMENT BY FINAL PLAT F3 CONNECT TO EXISTING 8" WATER MAIN I ` r \\ F4] CONNECT TO EXISTING SEWER MANHOLE MH 6659 -01 �XIS3 NG 24 6MP G -93 -114 ❑5 NEW FIRE HYDRANT ASSEMBLY ❑6 PROPOSED WATERLINE J 10 NEW RCP SiORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) Roseba 6 NEW HOPE SiORMDRAIN PIPE (SEE TABLE ON THIS SHEET FOR DETAILS) (PUBLIC) Oz 42" (MIN.) SECURITY BARRIER O3 NEW TRANSVERSE GRATE PER DETAIL E 7 \ O PAVEMENT SECTION 1 PER EXISTING 8 PVC SEWER G 5' CONCRETE SIDEWALK PER PAG SD 200 220 4" CONCRETE ROLL CURB TYPE D PER MAG SD 220 -1 205 SIDEWALK SCUPPER PER PAG SD 205.5 (OPENING WIDTH AS SHOWN) V -93 -114 302 STORM DRAIN MANHOLE PER PAG SD 302 308 TYPE 3 CATCH BASIN PER PAG SD 308 (OPENING WIDTH AS SHOWN) 309 TYPE 4 CATCH BASIN PER PAG SO 309 MH 1728 -24 G -79 -121 313 CONCRETE HEADWALL PER PAG SO 313 1 P I COUNTY i ■�■IARANA 11111I MAN 600 CURB ACCESS RAMP PER T.O.M. SD 600 -2 MANHOLE TABLE 0 3 MANHOLE MH 17 DETAILS RIM - 2251.31 INV IN = 2230.51 INV OUT = 2230.31 SEWER PIPE TABLE PIPE DETAILS r EXISTING 12" UCP SEWER �G`79 -121 MH 18 MH 19 RIM = 2252.19 INV OUT = 2232.12 INV OUT = 2232.22 RIM = 2254.43 INV IN = 2233.08 116.17 LF NEW 8" PVC 17 Pueuc SEWER a9 1.14% 18 103.65 LF NEW 8" PVC PUBLIC SEWER ® 1.50% 82.20 LF NEW 8" PVC MH 20 INV IN = 2233.18 RIM - 2256.01 INV OUT = 2233.79 INV OUT = 2233.89 19 PUBLIC SEWER ® 1.00% 20 57.06 LF NEW 8" PVC PUBLIC SEWER ® 1.007 » EXISTING 24" CMP MH 21 RIM 2257.51 INV I - N = 2234.48 INV IN = 2233.96 2 54.86 LF NEW 8" PVC PUBLIC SEWER ® 1.00% 22 277.00 LF NEW 8" PVC MH 1728 -23 MH 22 INV IN = 2234.68 RIM - 2264.56 INV OUT = 2256.43 PUBLIC SEWER ® 8.00% 296.00 LF NEW 8" PVC 33 PUBLIC SEWER ® 1.00% \ I G -79 -121 1 MH 33 RIM = 2253.90 INV IN = 2237.88 INV IN = 2237.12 INV OUT = 2237.68 34 235.82 LF NEW 8" PVC PUBLIC SEWER ®1.00% EXISTING 8" 1 -\ OVWU WATER MH 34 RIM - 2247.64 INV OUT = 2240.28 327.85 LF NEW 8" PVC PUBLIC SEWER ® 4.00% EXISTING iEP MH 35 RIM = 2259.44 INV oui - 225o.4a 111 I \ PROPOSED CONDITIONS PEAK STORM DRAIN SUMMARY TABLE \ I DISCHARGE SUMMARY TABLE I� 1 _ ( -- - -- - - - - /sd0/ % //6 b �_ I % �1� 6 \\ ' ___ __Y�i __ 5.0' __ ___ X65 _ _ I _\__ 65.0 _ / / // / III = d 4 CP Quo %) AREA SD LENGTH SLOPE DIAMETER / ( r - -- - - - - -- -- -- -- - -- -- - - - - -- -- - - - - -- -- _ -- -- \ _ (AC) (FT) OM u (CES) 8.7 1.11 17 89 1.5 36 / DETERMINATION - \lj �/ / 1'L / / //� ��� / / �- I �/ 28.5 3.59 18 89 2.2 36 /�/ / �SBT41'05"W 1289.66' I \ / / _ _ / � � �� d 38.3 4.82 19 70 2.3 36 i / / // iii , K 3.a o.48 2 24 2.1 36 21 1 24 1.0 24 M� \ ✓ r POSSIBUE FUTURE CO NN ECTION / 22 3fi 0.6 36 \/ / �� E OESTE \ l/ \ 23 43 0 8 SOUTH @ CAMINO D p P / I & CORTARO FARMS / J\ l..�\ �� � �'� "� "'' �_ ,__ _ _ �� ��� -� � 1l 1�II11 � % i�i�� \ \\ V 1111 /ll l �N I VIII � l_ �i� %, _-= REF: PCZ 1602 -001 PRV 1608-001 DEVELOPER: ENGINEER: Scale: I " =40' Preliminary Plat for ContourinteNal: N/A E P S `9 Camino De Oeste JNO Lots I - 144 PR06 GRE J B and Common Areas "A' (Open Space) & G R 0 U P B (Natural Undisturbed Open Space) Sheet No. PULTE HOMES, ARIZONA ' ^ g 3011 WEST INA ROAD 8710 N. Thornydale Rd, Suite 140 Area 03 3� Being a portion of the Northy of the Northwesty of Section 25, 9 TUCSON, AZ 85741 Tucson, AZ 85742 T12S, R12E, G &SRM �.e,' ,,•:� p,E.,.,°, Town of Marana, Pima County, Arizona of 9 AT SAM MILLS T:520.408.1400 I F:520.408.1403 Drawn by: BEZ 01/16 PH: (520) 837 -0275 w w w. e p s g r o u p n c. c o m Designed by: BEZ 01/16 FPS Project No. 15 -317 Date: 09 /19/16 111 4 " 4 , lT u r k l . —I —i bjec OIL, P roperty ..__ �: 7;m Ir 6 7 i . LLi 1111 �I I I °4. y r : / a - •.y. - rte , .\_! .. _,1 } - , t V;"r' . fit `, { 1 _ -:'• -� ,'1' I , 14 rC r f1TTl'- . f :, . i� Case Number: PRV1608 -001 Title: Camino de Oeste Preliminary Plat Request Approval of the preliminary plat for Camino De Oeste, Lots 1 -44 and Common Areas 'A' & 'B' Marana Regular Council Meeting 10/18/2016 Location Ma . 4 , I I i �- �._�.... -• ��_J Lam_ I � L � � ��� l��r:�. 4YII I . F� I' M T F � 77'r � r . � avf 5 N1 LJNi I J{s( L,. �� �J��.' �! � �,� � 1 �if. Page 112 of 201 �� Development Services /planning @maranaaz.gov M ARANA , 11555 West Civic Center Drive / Marana, AZ 85653 / I \ Ph (520) 382 -2600 /Fax (520) 382 -2641 / maranaaz.gov PROJECT APPLICATION Project Name: Camino De Geste Description of Project: Single Family subdivision, zoned R - 6 Number of Lots: 145 Parcel No. (s): 221 B, 221 - 14 - 0100, 221 14 - 002F, 221 14 - 009A Gross Area (Acres): 72 Project Address: 8770 N. Hartman Lane Ref. Project No.: PCZ 1602 -001 C ONTACT ■' / Owner: Pulte Homes, Arizona Contact Name: Sam Mills Address: 3011 W. Ina Road City: Tucson I State: AZ I Zip: 85741 Email: sam.mills @pultegroup.com Applicant: EPS Group, Inc. Address: 8710 N. Thornydale Road, Ste 140 Email: ben.zismann@epsgroupinc.com Consultant/Engineer: EPS Group, Inc. Address: 8710 N. Thornydale Road, Ste 140 Email: ben.zismann @epsgroupinc.com Phone No.: (520) 837 -0275 Contact Name'. Ben Zismann City: Tucson I State: AZ I Zip: 85742 Phone No.: ( 520) 408 -1400 Contact Name: Ben Zismann City: Tucson State: AZ Phone No.: (520) 408 -1400 Zip: 85742 i I, the undersigned, certify that all of the facts set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) DN: cn= Benjamin E Zismann o =EPS Group B en Zismann emaikben asmonn 'Repigroupnc corn c =US 8/ 1/2016 Dale: 201608 01 11:01:52-07W Applicant Name (PRINT) Signature Date ■ Project No. _CV1_ - __ Date Received - - I (p ❑ Annexatib on ❑ Rezone El Specific Plan El General Plan Amendment Preliminary Plat ❑ Final Plat ❑ Significant Land Use Change ❑ Minor Land Division ❑ Variance ❑ Development Plan ❑ Development Plan Package ❑ Dedications 1 Easements ❑ !Lic. Agreement Landscape Plan ❑ Conditional Use Permit ❑ Report (Type): ❑ SWPP ❑ Native Plant Plan ❑ Native Plant Exception ❑ other: ❑ Improvement Plan (Type): D�ieirin 11rti4� L o 7 VI (A L Marana Regular Council Meeting 10/18/2016 Page 113 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C6 Meeting Date: 10/18/2016 To: Mayor and Council From: Erik Montague, Finance Director Date: October 18, 2016 Strategic Plan Focus Area: Progress & Innovation Subject: Resolution No. 2016 -111: Relating to Purchasing; waiving bid procedures for the purchase of a used semi - tractor trailer or similar vehicle and authorizing the Finance and Purchasing Director to proceed with a modified competitive procurement process (Erik Montague) Discussion: Significant investments have been made in the development of a vehicle replacement program for the Town over the past number of years. The replacement of a 1999 Kenworth Semi - tractor was considered and funding was included in the fiscal year 2016 -2017 budget. As part of our effort to ensure we are maximizing the use of public monies, the Public Works department is asking for authorization to purchase a used semi - tractor instead of purchasing a new one, if it is advantageous to do so. Preliminary research in the used vehicle market suggests that we may be able to find a high quality used semi- tractor and possibly spend less than what was budgeted. Since each used semi - trailer is unique based upon condition, age and mileage, it is impractical to complete a formal competitive bidding process. We are, however, able to verify the reasonableness of pricing through blue book and equivalent valuation tools. Therefore, the resolution before you this evening would waive formal bid procedures for purchase of the used semi - tractor as described in Town Code Section 3- 4 -6(B). Additionally, the resolution would also authorize the Finance and Purchasing Director to proceed with a modified competitive process deemed advantageous to the Town for the purchase of this vehicle. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Marana Regular Council Meeting 10/18/2016 Page 114 of 201 Amount: $136,500 Staff Recommendation: Staff recommends waiving the bid procedures for the purchase of a used semi - tractor trailer or similar vehicle. Suggested Motion: I move to adopt Resolution No 2016 -111, waiving bid procedures for the purchase of a used semi - tractor trailer or similar vehicle and authorizing the Finance and Purchasing Director to proceed with a modified competitive procurement process. Attachments Resolution No. 2016 -111 Marana Regular Council Meeting 10/18/2016 Page 115 of 201 MARANA RESOLUTION NO. 2016-111 RELATING TO PURCHASING; WAIVING BID PROCEDURES FOR THE PURCHASE OF A USED SEMI - TRACTOR TRAILER OR SIMILAR VEHICLE AND AUTHORIZING THE FINANCE AND PURCHASING DIRECTOR TO PROCEED WITH A MODIFIED COMPETITIVE PROCUREMENT PROCESS WHEREAS the Town desires to purchase a semi - tractor trailer for use by the Public Works Department; and WHEREAS the Finance and Purchasing Director and the Public Works Director believe that it will be advantageous to the Town to purchase the aforementioned vehicle used; and WHEREAS Section 3- 4 -6(B) of the Marana Town Code provides that upon recommen- dation of the Town Manager, the Town Council may elect to waive bid procedures with respect to the purchase of used equipment; and WHEREAS the Town Manager recommends that the Council waive bid procedures with respect to the purchase of the used semi - tractor trailer; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby waives bid procedures for the purchase of a used semi - tractor trailer or similar vehicle and authorizes the Finance and Purchasing Director to pro- ceed with a modified competitive procurement process deemed advantageous to the Town for purchase of the used vehicle. 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 18 day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -111 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 116 of 201 N O 0 / n.. - tn. A k 4 0 Council - Regular Meeting C7 Meeting Date: 10/18/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 18, 2016 Subject: Approval of Regular Council Meeting Minutes from October 4, 2016 (Jocelyn C. Bronson) Attachments Draft Regular Council Meeting Minutes 10/04/2016 Marana Regular Council Meeting 10/18/2016 Page 117 of 201 kpwn Pi 7 � MA \I1170?�� MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 4, 2016, at or after 7:00 PM .null �,�1l Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Membc Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01 p.m. Town Clerk Bronson called roll. All Council Members were present except Vice Mayor Post, who was 4 4 6, Y%... 9 11 11101k 1110111 1 1 1111F PLEDGE OF ALLEGIAN /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. 41,4111 ik A& 'll I ''III' APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed unanimously 6 -0. M■r 'Amaw CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS Pi Proclaiming October 23 -- 31, 2016 Marana Red Ribbon Week. Ms. Bronson noted that the proclamation would be made part of the permanent record but would not be read. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. October 4 2016 Regular Council Meeting Minutes 1 Marana Regular Council Meeting 10/18/2016 Page 118 of 201 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson noted that the monthly Executive Report on activity is out and available for review. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Kai, second by Council Member McGorray. Passed unanimously 6 -0. Cl Resolution No. 2016 -098 Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Chapter 6 - Performance Management and Employee Development, and Chapter 8 - Termination of Employment (Curry C. Hale) C2 Resolution No. 2016 -099 Relating to Municipal Court; approving the appointment of Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newman as magistrates pro tempore for the Marana Municipal Court (Laine Sklar) C3 Resolution No. 2016 -100 Relating to Utilities; approving and authorizing the Mayor to sign a Water Service and Settlement Agreement with the Lottie Kurcz Revocable Trust (Frank Cassidy) S C4 Resolution No. 2016 -101 Relating to Police Department; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and other public agencies to create an Arizona Child Abduction Response Team (Libby Shelton) C5 Resolution No. 2016 -102 Relating to Public Works; approving and authorizing the Mayor to sign an Intergovernmental Agreement and Agreement among the State of Arizona, the Town of Marana, and the Pima Association of Governments relating to Ina Road Traffic Interchange and Ina Road Improvements, Silverbell Road to Camino de la Cruz (Keith Brann) C6 Resolution No. 2016 -103 Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2016 Big Green Event (Jane Fairall) C7 Approval of Regular Council Meeting Minutes from September 20, 2016 (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of the Marana Heritage Conservancy for Marana Game Day with Cornhole Tournament to be held on November 5, 2016. Ms. Bronson noted that the application had been properly reviewed and process. Staff recommends approval. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. October 4 2016 Regular Council Meeting Minutes 2 Marana Regular Council Meeting 10/18/2016 Page 119 of 201 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2016 -104 Relating to Parks and Recreation; approving and authorizing Town staff to implement the Parks, Recreation, Trails and Open Space 5 Year Update and Strategic Plan dated October 2016 (Cynthia Nemeth- Briehn). Presented by Shannon Shula, Senior Planner in Development Services and presenting on behalf of the Parks & Recreation department. Ms. Shula reviewed the nine -month collaborative process with the University of Arizona, College of Architecture Planning & Landscape Architecture. This was a capstone process which included a public outreach campaign, performance benchmarks for local jurisdictions, inventory of assets, identification of underserved level of service areas and a suitability spatial analysis for future parks, trails and open spaces. Existing policies were reviewed, and recommendations made for new policies as well as branding solutions for some of the parks. The public participation process was a five -week online survey, and the results indicated that overall, the town is doing a great job. Open space suitability was also reviewed. There are a lot of great view sheds, parks, and trails that can be preserved or conserved for future use. The other component of the policy was habitat. The town serves as a major corridor between the Tortolita Mountains and Saguaro National Park, and we identified some of those wildlife corridors for future preservation. Some of the policy would include maintaining that connectivity and preserve some of the open space on those trails for future use. As a town our parks have grown from 523 acres to 872 acres. Two types of level of service analyses were done. One looked at the size of parks from neighborhood park to district park. Each serves a different population. There are some areas lacking parks, so as the town grows, those areas would be under consideration for establishing future parks. The other analysis was looking at existing park acreage and comparing that to population. Overall as a town, from 2010 when we had a 5.61 level of service, we have grown to 12.46. As a town, we are doing well at providing parks and facilities to our residents. Some of the public recommendations for improvements were more shade structures, park benches and looking at underserved areas such as the Colonias and establishing pocket parks. The other consideration was trails. We currently have 110 miles of trails within the town, 54 of which the town maintains. Also observed were areas of disconnect. That is something to keep in mind as we look at future trail expansion. Another question arose as to how to expand attendance in our signature events. We know that many people are starting to attend our events from across the region, and we want to increase that number through promotional efforts. One of the stakeholders meeting pointed out the need for more heritage and equestrian facilities on the west side. Policy recommendations included promoting existing facilities and look at ways to find new facilities or areas to host events. Another recommendation would be to expand more on future trail expansion by creating partnerships with local jurisdictions. The other was establishing signage between the different user groups. With respect to programs, 82 percent of residents also feel that our parks are excellent. Over 53 percent participate in some type of town program. Youth league participation October 4 2016 Regular Council Meeting Minutes 3 Marana Regular Council Meeting 10/18/2016 Page 120 of 201 has increased from 40 percent to 78, and that creates a need for more ball fields. Ninety percent of residents who responded to the survey indicated that facility maintenance is rated as good /excellent. About 42 percent of that number visit our parks at least once a week. There is still a large desire for some type of aquatic facility. A huge accomplishment was opening the splash pad at Gladden Park. Of course, there are ways to improve facility maintenance and creating standards for more frequent inspection and maintenance; and looking into planned budgeting as part of the initial design feature. With respect to finance and implementation, in 2010 we approved the Parks and Recreation Master Plan, and that plan suggested an impact study. In 2014, the Council approved the parks development impact fee. Because of that, we are able to continue to provide resources for park facilities and amenities for our residents. Another policy recommendation would be to continuing to explore joint facility uses and look into new funding and revenue options and prioritize park improvements. The last element is the design and branding. This was added toward the end of the plan development. An analysis was done based on the type of region and came up with a Density Transect Analysis comparing the character of urban core areas and rural areas and what types of vegetation are most amenable to both. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed unanimously 6 -0. Mr. Davidson took a moment to recognize the work and contributions that Ms. Shula put into bringing this project to its current status. A2 Resolution No. 2016 -105 Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 — Classification and Compensation by adding new Policy 3 -11 "Severance Benefits" (Curry C. Hale). Presented by Jane Fairall. Ms. Fairall noted that this item will add a new policy that would allow for severance benefits in particular circumstances. The policy would apply only to unclassified employees who are terminated without cause or who resign in lieu of termination without cause. Generally, unclassified positions are department heads who are at -well employees who are not entitled to an appeal by the PARB if they are terminated or something of that nature. Most often a termination without cause would occur due to a change in leadership is needed as opposed to any wrongdoing. The way the policy is written, the town manager would have the discretion, depending on the circumstances, to provide that employee with severance benefits of up to three months' pay and up to three months' payment of COBRA premiums. This is similar to what we have done in the past on a case by case basis when we have had some terminations without cause or resignations of department heads. We've brought severance packages to Council on an individual basis and asked for approval. The last couple of that we have done have been this same package being presented tonight. This would allow the town manager to do that within the parameters set by the policy and approved by the Council without having to bring every specific case back to Council. This policy would not apply to a voluntary resignation or retirement or to a termination for cause. Employees in those circumstances would not be entitled to any severance benefits. A person who is receiving severance benefits would be required to sign a severance agreement waiving any and all claims against the town which is similar to what we've done in the past, but we would put that in the policy. Mayor Honea asked for clarification that October 4 2016 Regular Council Meeting Minutes 4 Marana Regular Council Meeting 10/18/2016 Page 121 of 201 the employees affected by this policy would be at -will employees. Ms. Fairall confirmed this. Council Member Ziegler asked if the three months' severance was across the board or if it could be adjusted for length of service to the town. Ms. Fairall responded that staff did consider some type of scale and ultimately decided to go with a base package that would be simple and apply across the board. But there is nothing within the policy that would prevent the town manager or Human Resources from bringing to the Council for approval something more extensive if we felt that circumstances warranted it. This policy was meant to be something we could do for basic terminations. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson). No items. EXECUTIVE SESSIONS E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn at 7:23 p.m. by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. CERTIFICATIO N, 'Ago I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 4, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk October 4 2016 Regular Council Meeting Minutes 5 Marana Regular Council Meeting 10/18/2016 Page 122 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L1 Meeting Date: 10/18/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 18, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control, Series #10 Beer and Wine Store liquor license application submitted by Troy Charles Devos on behalf of QuikTrip #1456, located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. (Jocelyn C. Bronson) Discussion: This application is for an Acquisition of Control Series #10 Beer and Wine Store liquor license at QuikTrip #1456, located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Regular Council Meeting 10/18/2016 Page 123 of 201 If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by Troy Charles Devos on behalf of QuikTrip #1456, located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of an Acquisition of Control Series #10 Beer and Wine Store liquor license application submitted by Troy Charles Devos on behalf of QuikTrip #1456, located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of Common Types of Liquor Licenses Marana Regular Council Meeting 10/18/2016 Page 124 of 201 • h .. . .. .. .... . E ,, {fr State of Arizona W: ": �` Department of Liquor Licenses and Control u � 800 W. Washington 5th Floor co Phoenix, AZ 85007 120" (602) 542 -5141 DLLC USE ONLY Date P ocess d: IV CSR: Zia> bath Day: 1-M S *W APPLICATION FOR AGENT CHANGE - ACQUISITION OF CONTROL - RESTRUCTURE NOTE: 1) The fee for an agent change MUST be submitted with this application: $100.00 for the first application and $50.00 for each additional application, not to exceed $1,000.00. pp � � A.R.S. 4- 209.H) NOTE 2) the $100.00 fee for restructure acquisition of control MUST SECTION I be submitted with this application. A.R.S. 4-209,A) Ifta- Check the gent Change �cqulsitlon of Control Restructure appropriate Complete Sections 1,2,3,4,5 & 7 Complete Sections 1,2, 3 & 7 Complete Sections 1,2,3,6 & 7 boxes SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) . Name; Devos Trey Ch 10/03536 (EXISTING AGENT OR NEW AGENT) East First Middle Liquor License # 2. owner Name QuikTrip Corporation Corp File # : F08755030 (Exactly as It appears on Liquor License) (If applicable) 3. Business Name: QuikTrip #1 456 Email d tippins @quiktrip.com (Exactly as It appears on Liquor License) 4. Business Location Address: 5 W. Cortaro Farms Road Tucspn Pima 85742 (Do not use P.G. Box Number) city COUNTY Zip 5. Is the Business located within the incorporated limits of the above City or Town ?W YesoNo 6. Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? DesZNo If Yes, what City, Town or Tribal Reservation is this Business located in: 7. Mailing Address QuikTrip Corporation, P.O. Box 3475 Attn: Licensing Dept. Tulsa OK 74101 -3475 city State Zip 8. Business Phone (520) 744 -0844 Daytime Contact Phone (480) 446-6329 9. Does this transaction involve the sale of any portion of the percentage of ownership or corporate stock ?w Yesl:ho if yes, submit a certified copy of minutes. 10. Has there been any change of Controlling Persons? ZYesao if yes, submit a copy of the minutes, amended articles of organization and/or amended operating agreement showing change SECTION 3 (COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) Each new person listed in section III must submit a questionnaire (form LIC01 and a Department approved fingerprint card which may be obtained at the Department of Liquor. A Controlling Person already disclosed to the Department is not required to submit a questionnaire. 1. List all Controlling Persons to be disclosed, current and new. KIrfW I eict Pf ref Wr eAeL 7 :41r A Arjr er r•th, ra —a._ -rt tAI IAL-H AUUIIIUNAL ZtiU:I(5) It N1:UtbSAKY j 2. list stockholders, percentage owners and/or Controlling Members owning 10% or more New LaST First ailddle % Owned Address 01V State ■ ■ M I IC 0 1 2 :VMMA 0 IFT111 I :I oil 0 -1 FA Ric" LA 2 L ■ (ATTACH ADDITIONAL. SHEET(S) IF NECESSARY) If the ownership is owned by another entity, ATTACH AN OWNERSHIP FLOWCHART SHOWING THE OFFICERS MEMBERS CONTROLLING PERSON AND 1076 OR MORE OWNERS FOR THE ENTITIES. Attach additional sheets as necessary in order to disclose all persons. 11/18/2015 Page 1 of 3 Individuals requiring ADA accommodations please call (602 )5429027 Marana Regular Council Meeting 10/18/2016 Page 125 of 201 ■ �4 a N VAT a I I gTol 0 k4 I V N1 0 1 A NO N] 0 1 11TOTIN Win 11AH901 ■ tAI IAL-H AUUIIIUNAL ZtiU:I(5) It N1:UtbSAKY j 2. list stockholders, percentage owners and/or Controlling Members owning 10% or more New LaST First ailddle % Owned Address 01V State ■ ■ M I IC 0 1 2 :VMMA 0 IFT111 I :I oil 0 -1 FA Ric" LA 2 L ■ (ATTACH ADDITIONAL. SHEET(S) IF NECESSARY) If the ownership is owned by another entity, ATTACH AN OWNERSHIP FLOWCHART SHOWING THE OFFICERS MEMBERS CONTROLLING PERSON AND 1076 OR MORE OWNERS FOR THE ENTITIES. Attach additional sheets as necessary in order to disclose all persons. 11/18/2015 Page 1 of 3 Individuals requiring ADA accommodations please call (602 )5429027 Marana Regular Council Meeting 10/18/2016 Page 125 of 201 SECTION 4 (COMPLETE THIS SECTION FOR AGENT CHANGE) 1. As an Agent, will you be physically present and operating the licensed premise? 0yes ao If you answered YES, you must provide a copy of your Basic and Management Training Certificate obtained from a Department approved Liquor Law training provider BEFORE Y _ Q U&APt9jPA LION OR AGENT QUISITION OF CONTR L OR RESTRUCTURE CAN BE S 8 ITTED. If you answered NO, go to question 2. 2. Is there a current Manager at this license premises disclosed to the Department with the current Basic and Management Training Certificate? esao If yes, Name o current Manager: t.u�t First Wdte Basic Training D yes 0 Management Training [:]Yes 0No It "NO" hg 1 and 2 a Mona er w 1h a current Basic and Man ement Training Ceri icate obtained trn a �e artme t d rowed L uvr i.aw a "rn o�rider must a 5u mi ed within 30 da a r lln the I turn for A ent ha e c ui 'ticr crf ntr or R trU tur . SECTION S (COMPLETE THIS SECTION FOR AGENT CHANGE) To be completed by the INDIVIDUAL OR EXISTING AGENT OR CORPORATE OFFICER OR L.L.C. CONTROLLING MEMBER: 1. License ff 2. Current Agent game: (Exactly w If app"rs ©n ltcen:e) Lost First Middle I, (print full nama _ hereby consent to the ap of Ag ent for this l icense. 1 agree to immedlatel�y ass gn a new en to e even �o l ate unable to discharge the dues of Agent for fhis license, I have not been convicted of a felony In the l asT fi ve (5) years. x ?�o5iio R5 Feist -n s rig Agee My commission expires on: State of County of The foregoing lnsiru rent was ocknoWedged Wore me this of Day Month Year 5tgwture of NOTARY PUBLIC SECTION b (COMPLETE THIS SECTION FOR RESTRUCTURE) Is there more than one licensed premises involved? []YES [] NO If YES, SEPARATE APPLIgATiOIVS must be filed and fees paid for each license /locafion. Type of current ownership; Type of new ownership: El J.T.W.R.O.S. E] INDIVIDUAL PARTNERSHIP 0 CORPORATION LIMITED LIABILITY CO. MANAGEMENT CO. TRIBE TRUST OTHER (Explain) J.T.W.R.O.S. INDIVIDUAL PARTNERSHIP CORPORATION LIMITED LIABILITY CO. MANAGEMENT CO. TRIBE TRUST OTHER (Explain) SECTION 7 (COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) To be completed by Conirolling Person or existing Agent (if no agent changes)!2a NEW Agent it applying for Agent change as fisted In Section 2 Question 1. I Print full name Try C harles D evos � � � ,hereby declare that 1 am the APPLICANT filing this application. I have read the application and the contents and all statements are true, correct and complete. ,,...M... _.., State of County of Waacc a on o nfl I�ersots xis tsg Anent The for�+gatng rsstrumrnt wts ackr�o edge a cxe me tats A 0— of r My commission expires on: � �.�.� � I��y ar,m Yon 'ah, -A&- � �A d1h Alm, slencTture of Na1ARY tBLIC ALEXIS PROPER 1 Page 2 of 3 Ni ta .�. P ublic l� - JA I ngI A commoda lions pfease call (602)542 -9027 ro MA �� y My Co Expires May 10 20 - - - - Marana Regular Council Meeting 10/18/2016 Page 126 of 201 ARIZONA D E-iPARTMENT OF LIQUOR LICisNSES AND CONTROL Application for Liquor License Section 7, Question 97 N O N O QUIK RIP U'\NWExS-Ir-IrIP �3R.E0IvIN Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 www.azliquor.gov (bog) 542-5141 AFFIDAVIT OF POSTING Date of Posting: Applicant Name: Devos Lost � r Date of Posting Removal: Troy fM Business Address: 5565 W. Cortaro Farms Road Tucson Street cm License #: 10103536 Charles Middle 85742 Zip I hereby certify that pursuant to A.R.S. 4201, 1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Elton Burns. Jr. Housing specialist 520 - 990 -2496 Print Name of City/County Official Title Phone Number c? Signature Q�te Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. 8/211201.5 Page 1 of 1 Marana Regular Council Meetioo'd I gqVuiring ADA accommodations please call (602 )5429027 Page 128 of 201 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 , www.azliquor.gov C (602) 542 -5141 Local Governing Body Recommendation A.R.S. § 4- 201(C) 1. City or Town of. Town of Marana (Circle one) 2. County of. . Pima Liquor License Application #: 10103536 (Arizona application #) City/Town/County #: LL2016-1 1 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2), (Name of entertainment district) A boundary map of entertainment district must be attached. 4. The Marana Town Council ata Regular (Date of resolution to create the entertainment district) meeting held on the 1 8th of (Governing body) (Regular or special) (Day) October 2016 considered the application of Troy Charles Devos (Month) (Year) (Name of applicant) for a license to sells irituous li uor at the remises described in a lication 10103536 p q p pp , (Arizona liquor license application #) for the license series #: t Yp e as provided b p Y A.R.S § Series #10 Beer & Wine Store 4 -201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Troy Charles Devos (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at Jocelyn C. Bronson (Location) on , (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 9/29/2015 Marana Regular Council Meeting 10/18/2016 Page 1 of 1 Page 129 of 201 Individuals requiring ADA accommodations please call (602)542 -9027 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. [EI❑❑❑❑❑❑❑ I� ❑ ❑ IM❑ Marana Regular Council Meeting 10/18/2016 Page 130 of 201 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. III❑❑❑❑❑❑❑IT11 ❑ ❑ ❑T❑ Marana Regular Council Meeting 10/18/2016 Page 131 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L2 Meeting Date: 10/18/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 18, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Ed Stolmaker on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event to be held on November 5, 2016. (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event to be held on November 5, 2016. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special Marana Regular Council Meeting 10/18/2016 Page 132 of 201 event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Ed Stolmaker on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event. OPTION 2: I move to disapprove the special event liquor license application submitted by Ed Stolmaker on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event. Attachments Special Event Application Special Event License Description Marana Regular Council Meeting 10/18/2016 Page 133 of 201 OCT 0 3 2016 Town N. IVlarar"�' u Clerk's Office r Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor w Phoenix, AI 85007-2934 �cox www.azliquor.gov #zoos (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1 -10 days (c onset utive) Cash Checks or Money orders Only FOR DLLC USE ONLY Event Date(s): Event time start end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S. § 44 -6552) IMPORTANT INFORMATIOW This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. if the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SE TION I Name of Organization Marana Chamber of Commerce SECTION 2 Non Profi Tax Exempt Number: 86- 0679569 SECTION 3 The organization is a: (check one box only) E]CharitableElFraternal (must have regular membership and have been in existence for over five (5) years) E]Religious E]Civic (Rotary, College Scholarship) OPolitical Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?E]Yes ✓�No Catalina Br ewery Name of Business 03103020 License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8 -19- 318 for explanation (look in species! event planning guide) and check one of the following boxes. E]Place license in non -use EjDispense and serve all spirituous liquors under retailer's license [Z] Dispense and serve all spirituous liquors under special event E]Split premise between special event and retail location OF N,�C T, USING RETAIL LICENSE, SUBMIT A LEVER OF AGREEMENT FROM THE AGrENTIO NER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE, AGEN IOYiWNER WILL NEED To SUSPEND THAT PORTION OF THE PREMISE.) SECTION 6 What is the purpose of this event? Zon-site consumption E]Off-site (auction) [:]Both SECTI 7 Location of the E Crossroads Park at Silverbell ON Address of Location. . 7548 N Silverbell Rd, Tucson Pima AZ 85743 Street City COUNTY state Zip SECTION 8 will this be stacked with a wine festival /craft distiller festival? [:]Yes [Z]No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. A lica nt Stol maker p p -- Lost First Middle 2. Applicant's mailing address: 13881 N Casa Grande Hwy Marana A " of Birth AZ 35743 Street city Stafe 3. Applicant's home /cell hone: Applicant's business phone: ( 520 682- -43'l4 l� p p 4. Ap email address edstolmaker @maranachamber.com Ed 520 - 275 -2857 Zip 3/1/2016 Page 1 of 4 Individuals requiring A DA accommodations call (602)542- 9027. Marana Regular Council Meeting 10/18/2016 Page 134 of 201 SECTION D 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years [Yes [No (if yes, attach explanation.) 2. How many special event licenses have been issued to this location this year (The number cannot exceed 12 events per year; exceptions under A.R.S. §4- 203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? [:]Yes [Z]No (if yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for l00% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. g Name Marana Chamber of Commerce Percentage: 100% of net Address 3881 N Casa Grande Hwy Marana AZ 88743 Street City State Zip 12 ! 2■ Percentage: Address Street city State Zip 5. Please read A.R.S. § 4-- 203.02 S gecia l event lice nse; rules and R 19 -1 -205 Reg u ire ments for a S pecia l Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event (List type and number of police/security personnel and type of fencing or control barriers, if applicable. 4 Number of Police 3 Number of Security Personnel RIFencing [Barriers Explanation: Fencing will be enclosed around Ramada with one entrance. /exit. Licensed person will check ids at entrance. Second licensed person will affix wristbands to screened attendees. Drink tickets will then be purchased. Drink attendant will mark wristband with each beer dispensed. No one will be allowed to leave fenced area with alcohol. SECTION 1 I Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R. S. § 4 -244(1 5) and (17) for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH 'WON-CON EC[WIVE" DAY Date DAY 1: 11/05/16 DAY 2: DAY 3: DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAY 10: Day of Week Saturday Event Start Time AM/ PM 9 AM License End Time AW PM 3 PM j O s 3/1/2016 Page 2 of 4 Individuals requiring ADA accommodations calf (602)542 -9027. Marana Regular Council Meeting 10/18/2016 Page 135 of 201 SEK TION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ►ll 1 1 1 t •� ti C) `. Marana Regular Council Meeting 10/18/2016 Page 136 of 201 3/1/2016 Page 3 of 4 Individuals requiring ADA accommodations call (602)542- -9027. - . K , 07 , '. - .. . _ ". ... I . . 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SECTI N 13 To be completed only by an officer, Director or Chairperson of the organization named in Section 1. 1, Print Full Name Ed Stolmaker the organizatio filing this application as listed in Section 9. are true�orre andcomplete. r —AM 4 FA k a � declare that I am an Officer, Director or Chairperson of I have read the application and the contents and all statements � /� / y 520 - 682 -4314 rme/ro,non oae Phone xw„n., The foregoing instrument was acknowledged before me this 3 mod-- odobpu Day I / mcom State /Zd7) Gl.� Coun o RTIMM" My Commission Expires on: 7 a/ Date Sign 0A NOTARY PA STATE OF ARIZONA Pima County TERRI BYLER an xV!ras JU SECTION 14 This section is to be completed only by the applicant named in Section 9. Ed S a the APPLICANT fi li n g this a pplication 1, Print Full Na declare that � m g pp as listed in Section I have read the application and the contents and all statements are true, correct and complete. X' Signature Tffle/ PosHion 6ate Phone Number The foregoing instrument was acknowledged before me this nr 5 State 6 C County of f My Commission Expires on: I AO & _.. Date NOTARY PUBLIC STATE of ARIZONA Pima County at"* July 21, 2020 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local Jurisdiction. htt www.azli uor. ov assets documents home page docs s ec event links. df. S E CTI ON 15 Local Governing Body Approval Section. (Government official} 31 d- - I , I a0162 (TiNe) recommend ❑APPROVAL ❑ DISAPPROVAL On behalf of , (City, Town, County) Signature Date Phone SECTION 1 b For Department of liquor Licenses and Control use only. OAPPROVAL ODISAPPROVAL BY: DATE:.____._.I _ 1 A.R.S. § 41 -1030. Invalidity of rules not made according to this chapter: 2[oh acj red acts by state e to ees• enforcem notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12- 820.01 OR 12- 820.02. 3/1 /201 6Marana Regular Council Meeting 10/18/2016 Page 4 of 4 Page 138 of 201 Individuals requiring ADA accommodations call (102)542 -9027. SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 10/18/2016 Page 139 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting At Meeting Date: 10/18/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -112: Relating to Development; approving and authorizing the Mayor to sign a First Amendment to Sanders Grove Development Agreement for approximately 845 acres of land located north of Marana Road between Sanders Road and Wentz Road (Frank Cassidy) Discussion: The Sanders Grove Specific Plan was created in 2005. The 2005 Sanders Grove Development Agreement set development standards for Sanders Grove based on the Town's regulations and future transportation plans as they existed in 2005. The Sanders Grove Specific Plan was amended in 2015 by Ordinance 2015.013. At the time, the Council contemplated that the Sanders Grove Development Agreement would be amended as well. The First Amendment To Sanders Grove Development Agreement presented by this agenda item is that amendment. Its key elements include the following: • Elimination of the provision that allows Sanders Grove development to occur based on 2005 Town of Marana regulations. As provided in Ordinance 2015.013, Sanders Grove development will need to comply with the Town's regulations as they exist when the development occurs. • Replacement of transportation improvement requirements with more specific transportation requirements that conform to current Town roadway plans and to Town- approved traffic impact analyses (TIAs) that are to be prepared and submitted with the original Sanders Grove block plat and each subsequent subdivision plat. The TIAs will dictate the timing of roadway construction obligations, which will not exceed the following: • A one -time payment of $400,000 toward improvements to the Marana Road /I -10 interchange, payable before the first Sanders Grove residential building permit Marana Regular Council Meeting 10/18/2016 Page 140 of 201 • A shoofly connection roadway from Marana Road to the I -10 frontage road before the first Sanders Grove residential building permit (includes dedication of right -of -way and construction in two phases) • Marana Road safety improvements at the Sanders Grove entrance before the first Sanders Grove residential building permit, and widening of Marana Road along the Sanders Grove frontage when determined necessary by the TIAs • Signalization of the Marana Road at Sanders Road intersection when determined necessary by the TIAs • Improvements to Hardin Road through Sanders Grove when determined necessary by the TIAs • Replacement of park requirements with those adopted by Ordinance 2015.013 • Elimination of the requirement to serve Sanders Grove with non - potable water • Various clean -up items Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -112, approving and authorizing the Mayor to sign a First Amendment to Sanders Grove Development Agreement. Suggested Motion: I move to adopt Resolution No. 2016 -112, approving and authorizing the Mayor to sign a First Amendment to Sanders Grove Development Agreement. Attachments Resolution No. 2016 -112 Resolution Exhibit A Sanders Grove 1 st DA Amendment Sanders Grove DA Recorded Marana Regular Council Meeting 10/18/2016 Page 141 of 201 MARANA RESOLUTION NO. 2016-112 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIRST AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT FOR APPROXIMATELY 845 ACRES OF LAND LOCATED NORTH OF MARANA ROAD BETWEEN SANDERS ROAD AND WENTZ ROAD WHEREAS the Sanders Grove Specific Plan was created on March 1, 2005 by the adoption of Marana Ordinance No. 2005.09; and WHEREAS the Sanders Grove Specific Plan was accompanied by the Sanders Grove Development Agreement, approved by Marana Resolution No. 2005 -59; and WHEREAS the Sanders Grove Specific Plan was amended on May 19, 2015 by the adoption of Marana Ordinance No. 2015.013; and WHEREAS condition 16 of Marana Ordinance No. 2015.013 called for the Sanders Grove Development Agreement to be amended before or concurrently with the approval of any Sanders Grove subdivision plat; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the First Amendment to Sanders Grove Development Agreement attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to sign 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 18 day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049143.DOCX /1 Marana Resolution No. 2016 -112 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 10/10/2016 9:26 AM Page 142 of 201 FIRST AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS FIRST AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT (this "Amend- ment") is made by and between the TOWN OF MARANA (the "Town "), an Arizona municipal cor- poration; THE JEITo FOUNDATION ( "Jeito "), a tax - exempt charitable trust within the meaning of Section 501(c)(3) of the United States Internal Revenue Code; SREP TUCSON II ASSOCIATES LLC ( "SREP Tucson "), a Delaware limited liability company; RB LAND LLC ( "RB Land "), an Arizona limited liability company; CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (the "LDS Church "), a Utah corporation sole; and SREP MARANA RETAIL ASSOCIATES II LLC ( "SREP Marana"), a Delaware limited liability company. Jeito, SREP Tucson, RB Land, the LDS Church, and SREP Marana are collectively referred to as the "Developer." The Town and the Developer are collectively referred to in this Agreement as the "Parties," any of which is sometimes individually referred to as a "Party." RECITALS A. On March 1, 2005, the Town's Mayor and Council created the Sanders Grove Specific Plan by its adoption of Marana Ordinance No. 2005.09, recorded in the office of the Recorder of Pima County, Arizona, at Docket 12502, Page 1968 (Sequence 20050430598) and re- recorded in the office of the Recorder of Pima County, Arizona, at Docket 12571, Page 2703 (Sequence 20051120588). B. The Sanders Grove Specific Plan governed the development of approximately 845 acres of land consisting of a portion of Sections 17 and 20, Township 11 South, Range 11 East, located west of Sanders Road, south of Hardin Road, east of Wentz Road, and north of Marana Road (the "Subject Property "). C. In furtherance of the development of the Subject Property, on May 17, 2005, the Town and DM Marana Land Investors, LLC, an Arizona limited liability company, with the express written consent of the LDS Church (the then -owner of the Subject Property), entered into the Sanders Grove Development Agreement (the "Original SG DA "), recorded in the office of the Recorder of Pima County, Arizona, at Docket 12559, Page 2498 (Sequence 20051000649). D. The Subject Property is legally described in Exhibit A attached to the Original SG DA and in Exhibit A attached to Marana Ordinance No. 2005.09 as re- recorded in the office of the Re- corder of Pima County, Arizona, at Docket 12571, Page 2703 (Sequence 20051120588). 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -1- Marana Regular Council Meeting 10/18/2016 Page 143 of 201 E. On May 19, 2015, the Town's Mayor and Council approved amendments to the Sanders Grove Specific Plan by the adoption of Marana Ordinance No. 2015.013, recorded in the office of the Recorder of Pima County, Arizona, on May 22, 2015, at Sequence 20151420168. F. Together, all of the entities who constitute the Developer own all of the Subject Property. G. Rezoning condition 4 of Marana Ordinance No. 2005.09 and rezoning condition 13 of Marana Ordinance No. 2015.013 require Town approval of lot splits. H. The Subject Property now consists of six individual parcels of land, three of which do not have direct access to existing public roadways. I. The legal descriptions in the deeds for the division of the Subject Property did not express- ly reserve preexisting road rights -of -way of Kirby Hughes Road and Hardin Road, and the Pima County Assessor and Pima County GIS Department currently erroneously show no existing Kir- by Hughes Road and Hardin Road through the Subject Property. J. Non - potable water service to the area that includes the Subject Property is now provided by the Cortaro- Marana Irrigation District (CMID), and not by the Town. K. The Parties desire to amend the Original SG DA to conform to Marana Ordinance No. 2015.013, to take into account current population and transportation forecasts affecting the Sub- ject Property and the infrastructure currently anticipated to serve the Subject Property, to facili- tate the development of the Subject Property consistent with the current mutual preferences of the Parties, to address the existing lot splits, and to clarify certain rights and obligations under the Original SG DA. L. The Original SG DA as amended by this Amendment is consistent with the Town's gen- eral plan and with the amended Sanders Grove Specific Plan, applicable to the Subject Property on the date this Amendment is executed. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Amendment, the Parties hereby agree as follows: 1. Development Review Paragraph 1.1 ( "Development Review ") of the Original SG DA is hereby deleted in its entirety. As provided in conditions 1 and 16 of Marana Ordinance No. 2015.013, development of the Subject Property shall comply with all applicable provisions of the Town's codes and ordinances current at the time of any subsequent development. 2. Roadway Improvements Paragraph 2.3 ( "Roadway Improvements ") of the Original SG DA is hereby deleted in its entirety and replaced with this paragraph 2 ( " Roadway Improve- ments . 2.1. Definitions The following definitions apply to this paragraph 2 ( " Roadway Improve- ments : 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -2- Marana Regular Council Meeting 10/18/2016 Page 144 of 201 2.1.1. "Internal subdivision roadway improvements" means onsite and local roadway im- provements internal to and serving the Subject Property. 2.1.2. "Regional roadway improvements" means named roadways and roadway im- provements identified in this paragraph; specifically, the Marana Road /I -10 Traffic Inter- change and the improvements required under paragraphs 2.5, 2.6, 2.7, 2.8, and 2.9 to Marana Road, Sanders Road /shoofly, Kirby Hughes Road, and Hardin Road. 2.2. Internal Subdivision Roadway Improvements The Developer shall provide and con- struct all internal subdivision roadway improvements consistent with the requirements and tim- ing for subdivision and development plan improvements as set forth in the then - existing Town ordinances, regulations, and standards. 2.3. Traffic Impact Analysis and Street Phasing Plan Unless otherwise specified in this Amendment, the timing and scope of construction of regional roadway improvements will be determined by the Town based on the findings of the Town - approved traffic impact analysis (the "TIA "). The TIA will be submitted to the Town for review with the initial subdivision plat for the entire Subj ect Property as required by paragraph 6 below ( " Lot Split Approval ") and shall be updated with each new subdivision plat or development plan submittal. The TIA will be based a roadway level of service of no less than "C ". While the timing of construction of re- gional roadway improvements may be modified by the findings of a TIA, the Developer shall only be required to construct regional roadway improvements specified in this Amendment. In no event shall the Developer have any obligation to construct or pay for any transportation or roadway improvements of any nature other than the internal subdivision roadway improvements and the regional roadway improvements and no Town approvals or permits requested by the Developer shall be conditioned on such improvements being constructed. 2.4. Marana Road /I -10 Traffic Interchange On or before issuance of the first building permit for the first habitable structure on the Subject Property, the Developer shall contribute to the Town $400,000, which the Town shall apply to paying the cost to design, construct or oth- erwise improve the circulation to the Marana Road /I -10 traffic interchange consistent with ap- proved Arizona Department of Transportation (ADOT) plans and specifications. At the Town's discretion, the Developer's contribution may also be used to improve pedestrian safety, land- scape and /or beautify the Marana downtown area. The Developer shall have no obligation to construct or to further contribute to the costs of the Marana Road /I -10 traffic interchange im- provements. 2.5. Shoofly. On or before issuance of the first building permit for the first habitable struc- ture on the Subject Property, the Developer shall dedicate the necessary right -of -way for and shall construct the first phase of a shoofly connection roadway from Marana Road to the Inter- state 10 Frontage Road along the Sanders Road alignment. This first phase shoofly connection roadway will be to rural roadway standards (e.g., no sidewalks, no curbing, no median, with minimum asphalt thickness). On or before issuance of a building permit for the 500 residence on the Subject Property, the Developer shall upgrade the shoofly roadway to a two -lane urban cross - section pursuant to Town standards. At the Developer's option, all or any portion of the first phase shoofly connection roadway may be designed and built to meet the Town's require- ments for a two -lane urban cross - section. The design of the roadway may be amended by 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -3- Marana Regular Council Meeting 10/18/2016 Page 145 of 201 agreement between the Parties to be consistent with the then - current Road Network/Proposed Major Routes map, the current version of which can be found at map 6. LA of the 2010 General Plan as revised by Marana Resolution No. 2015 -037. 2.6. Marana Road The Developer shall comply with the following obligations regarding Marana Road: 2.6. 1. On or before the Town's issuance of a final inspection or certificate allowing occu- pancy of the first habitable structure on the Subject Property, the Developer shall have con- structed all transportation improvements necessary for safe access at the main entrance to the Subject Property along Marana Road. This may include, if warranted based upon the TIA, deceleration lanes and /or creation of a signalized intersection at the main entrance. 2.6.2. Unless required earlier by the TIA, on or before the Town's issuance of a final in- spection or certificate allowing occupancy of the 500 residence on the Subject Property, the Developer shall complete construction of improvements to Marana Road from Wentz Road to Sanders Road (along the Subject Property frontage). The improvements shall consist of adding two additional lanes with a median to the existing two lanes on Marana Road. 2.6.3. If supported by the TIA, the Developer may delay the improvements to Marana Road between the Sanders Grove entrance and Wentz Road until no later than the Town's is- suance of a final inspection or certificate allowing occupancy of the 1000 residence on the Subject Property. 2.7. Kirb Hu ghes Road. When required by the TIA, the Developer shall construct im- provements to Kirby Hughes Road from Sanders Road to Wentz Road to a two -lane urban cross - section pursuant to Town standards with a maximum 90 -foot right -of -way along its cur- rent alignment. Twenty- foot -wide linear landscape buffers will be placed on both sides of Kirby Hughes Road. The design of the roadway and right -of -way may be amended by agreement among the Parties to be consistent with the TIA and the then - current Road Network/Proposed Major Routes map, the current version of which can be found at map 6. LA of the 2010 General Plan as revised by Marana Resolution No. 2015 -037. 2.8. Marana Road at Sanders Road Intersection. The Developer shall signalize the intersec- tion of Marana Road and Sanders Road in accordance with Town standards pursuant to the TIA. 2.9. Hardin Road. When required by the TIA, Developer shall construct improvements to Hardin Road along the northern boundary of the Property within the existing 60 -foot right -of- way. The roadway shall be improved to a two -lane rural cross - section pursuant to then - current Town standards. 3. Development Impact Fees. As provided by Arizona Revised Statutes section (A.R.S. §) 9- 463.05, the cost of any improvements constructed by the Developer or for which the Developer pays the cost thereof and for which the Town then has or hereafter adopts a development impact fee shall be credited against the applicable impact fees payable for development within the Sub- ject Property. The credit shall be given to the party constructing the improvements or paying the cost of the improvements and may be assigned by such party to any party paying the impact fees within the Subject Property. Unless the Developer notifies the Town otherwise, the Town shall 0004835 LDOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -4- Marana Regular Council Meeting 10/18/2016 Page 146 of 201 be entitled to assume that any party paying the impact fees within the Subject Property is entitled to the credit. 4. Recreation, Parks, and Trails Paragraphs 2.6 ( "Onsite Private Recreational Facilities ") and 2.7 ( "Public Park/Trail System ") of the Original SG DA are hereby deleted in their entirety. The Developer shall comply with the Sanders Grove Specific Plan as amended by Marana Ordi- nance No. 2015.013 (see, particularly, section M "Open Space, Recreation, Parks and Trails Concept" beginning at page III -20), and with condition 14 of Marana Ordinance No. 2015.013. 5. Non - Potable Water The portions of paragraph 2.1 ( "Water Utilities ") of the Original SG DA relating to non - potable water service are hereby deleted. Any rights or obligations of the De- veloper regarding the provision of non - potable water service at the Subject Property shall con- form to the requirements, if any, of CMID. 6. Lot Split Approval No further lot splits of the Subject Property shall occur, and no per- mits or approvals of any kind for any development anywhere on the Subject Property shall be given, unless and until a subdivision plat for the entire Subject Property is first submitted to and approved by the Town and recorded, providing internal roads and other subdivision infrastruc- ture to all individual lots or blocks of the subdivision in accordance with then - current Town sub- division requirements. 7. Existing Lot Splits Nothing in this Amendment shall be interpreted as Town approval of the existing lot splits of the Subject Property or Town waiver of State of Arizona subdivision re- quirements. 8. Correction of Pima County Mapping The Parties shall work together in good faith to cor- rect Pima County Assessor and Pima County GIS Department records to show the preexisting 90 -foot Kirby Hughes Road public right -of -way and the preexisting 60 -foot Hardin Road right - of -way through the Subject Property, including, if necessary, the Developer's immediate dedica- tion of such rights -of -way to the public. 9. Bindin Effect All of the entities who constitute the Developer are jointly and severally obligated by the terms of the Original SG DA as amended by this Amendment. A Party is not relieved of any joint and several obligation by its inability to perform an obligation of the Origi- nal SG DA as amended by this Amendment resulting from that Party's lack of property rights in the particular part of the Subject Property where the obligation must be carried out. 10. Developer's Representative The Developer's representative for purposes of Article 4 ( "Cooperation and Alternative Dispute Resolution ") of the Original SG DA shall be Randall M. Bury. 11. Term This Amendment shall become effective (the "1 St Amendment Effective Date ") on the effective date of the Town resolution approving its execution on behalf of the Town. Not- withstanding the termination date set forth in paragraph 8.1 of the Original SG DA, the Original SG DA as amended by this Amendment shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the 1 St Amendment Effective Date, unless sooner terminated by the mutual consent of the Parties. 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -5- Marana Regular Council Meeting 10/18/2016 Page 147 of 201 12. Counterparts This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the coun- terparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 13. Interpretation. This Amendment has been negotiated by the Town and the Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Amendment for or against any Party. 14. Recordation. The Town shall record this Agreement in the office of the Pima County Re- corder after it has been executed by the Parties. 15. 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. 16. Effect on the Original SG DA. Except to the extent modified, clarified, and reconciled by this Amendment, the Original SG DA remains in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. THE "TOWN" : THE "DEVELOPER" : THE TOWN OF MARANA, an Arizona municipal THE JEITO FOUNDATION, a tax - exempt corporation charitable trust B Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney LO John M. Barger, Trustee SREP TucSON II ASSOCIATES LLC, a Delaware limited liability company By: SOUNDVIEW REAL ESTATE PARTNERS IV LLC, a Delaware limited liability company, its sole member C Nicholas D. Newman, Managing Member RB LAND LLC, an Arizona limited liability company Randall M. Bury, Manager 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -6- Marana Regular Council Meeting 10/18/2016 Page 148 of 201 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah corporation sole By Dale Jones, Authorized Signor SREP MARANA RETAIL ASSOCIATES II LLC, a Delaware limited liability company By: RB LAS VEGAS LAND VENTURES 3, LLC, a Nevada limited liability company, its sole member By: RB LAND LLC, an Arizona limited liability company, its Manager By Randall M. Bury, Manager STATE OF ARIZONA County of SS The foregoing instrument was acknowledged before me on 1 2016 1 by John M. Barger, Trustee of THE JEITo FOUNDATION, a tax - exempt charitable trust, on its behalf. (Seal) Notary Public STATE OF ss County of ) The foregoing instrument was acknowledged before me on , 2016 by Nicholas D. Newman, Managing Member of SOUNDVIEw REAL ESTATE PARTNERS IV LLC, a Delaware limited liability company, the sole member of SREP TUCSON II ASSOCIATES LLC, a Delaware limited liability company, on its behalf. (Seal) Notary Public 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -7- Marana Regular Council Meeting 10/18/2016 Page 149 of 201 STATE OF County of SS The foregoing instrument was acknowledged before me on 1 2016 1 by Ran- dall M. Bury, Manager of RB LAND LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public STATE OF County of SS The foregoing instrument was acknowledged before me on 1 2016 1 by Dale Jones, the authorized signor on behalf of CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah corporation sole, on its behalf. (Seal) Notary Public STATE OF County of SS The foregoing instrument was acknowledged before me on 1 2016 1 by Ran- dall M. Bury, Manager of RB LAND LLC, an Arizona limited liability company, Manager of RB LAS VEGAS LAND VENTURES 3, LLC, a Nevada limited liability company, sole member of SREP MARANA RETAIL ASSOCIATES II LLC, a Delaware limited liability company, on its behalf. (Seal) Notary Public 00048351.DOCX /6 1" AMENDMENT TO SANDERS GROVE DEVELOPMENT AGREEMENT 9/21/2016 9:04 AM -8- Marana Regular Council Meeting 10/18/2016 Page 150 of 201 Y, ANN RQDRIGUE , RECORDER RECORDED BY: D_I DEPUTY RECORDER 7864 PE MARA TOWN OF MARANA ATTN ; TOWN CLERK 13251 N LON ADAMS RIB KARAN AZ 656,53 DOCKET: 125 AMOUNT PAID 1 SANDERS GROVE DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA 4i 6� Ju* Jib Marana Regular Council Meeting 10/18/2016 Page 151 of 201 ti PAGE 2498 ' NG . 01 PAGES: 1 SE 20051000649 `.� 05/24/2005 . AG 15:23. MAIL AMOUNT PAID 1 SANDERS GROVE DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA 4i 6� Ju* Jib Marana Regular Council Meeting 10/18/2016 Page 151 of 201 ti SANDERs GROVE DEVELOPMENT A TOWN O F 1AIAIA, ATRIA THIS D EVELOPMENT AGREEMENT "this A i m ade by and between th e ToWN O k Tow MARANA, an A rizona munici corporation (the "Town"") an DM MARANA LAND INVESTORS, LL C an AT l imited li company (the " The Town an the D eveloper are collectively referred to in this Agreement as the "Parties," and are sometimes individually referred to as the "Party." RECITALS A. The Developer has an interest in approximate 835 acres of land located in the Town limits, as dcpicted on the reap attached as Exhibit " and legally described o n Exhibit "B" (the "Property" Corporation o the Presiding Bishop of the Church of Jesus Christ o f Latter- Saints, a Utah corporation sole, owns the Property, and has consented to the recordation of this A greement on the Property. B . The following are arnong anon the development regulations that now apply to the Property: i The Northwest Marana Area Plan " 1 T 4 P" ii) The Marana Land Development Code (Including the written rules, regulations, procedures, and other policies relating to development land, whether adopted by the Mayor and Council or b Town Staff) (collectively the "Marana Development Code "), establishing, among other things, the type of lan uses, location, density and intensity o f such land uses, and conununity character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreatioWopen space opportunities. iii) The Sanders Grove Specific Plan as adopted by the Town on March 1, 200 (the "Specific Plana. C. The Deve loper an the Town d esire that the Property b develo ' in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. D . The Torn and the Developer ackn wldge that the development of the Property pursuant � R to this Agreement will result in plarming and economic benefits to the Town and its residents. E . The Developer has made and by this Agreement will continue to make a substantial co mmitment of resources for public and private improvements on the Property. � � Ih i3IIN I� F. The Parties understand and acknowledge that this Agreement is a "Development 4- Agreement" within the meaning f, and entered into pursuant to the terns of, A.R.S. § 9-500.05. G . This Agreement is consistent with the portions of the Town's General Plan applicable t the Property. WSBMadL lar Council Meeting 10/18/2016 - - Page 152 of 201 AGREEMENT Now, THE REF , in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development Plans* 1.1. Development Review The Property shall be developed in a manner consistent with the development regulations that now apply to the Property and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. The residential design standards contained in the Specific Plan shall govern single - family residential development on the Property and shall control in place of the residential design standards contained in Town Development Code Section 08-06 as currently in effect or as may be amended, superseded, or supplemented in the future. Upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the development regulations that now apply to the Property, the Town agrees to issue such permits or approvals for the Property as may be requested by the Developer 1.2. Determination of No Hazard to Air Navigation For those portions of the Property located within 20,000 feet (3.8 miles) of l arana Northwest Regional Airport, the Developer shall submit an FAA -7460 form to the Federal Aviation Administration and receive a "Dete ninati n of No Hazard to Air Navigation" from the Federal Aviation Administration before any construction or alteration of greater height than an imaginary surface extending outward and upward at a 100 to l slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Airport. 1.3. Archaeological/Histofic Resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Mar na Development Code relate to Archeological and Historic Resources. 1.4. Site Built Construction and Buildiag Building Permits All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. Article 2. on -Site Infrastructure. 2. L . water Utilities. Prior to the approval of the first final plat for the Property, the Developer shall prepare a water Master Plan for the Property and shall enter into a water Service Agreement with the Marana. Municipal Water Company "MMWC" for potable and non - potable systems which sets forth the various agreements of the Parties relating to, among tier thins the interconnection an things, d main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The parties intend that MMW will own the potable and non- potable water systems, that MMWC will provide potable water service to the Property, and that XMWC will provide non - potable water service to the Property (through. the non - potable water system constructed by the Developer and dedicated to MMWQ, 2.1.1. Transfer of Grandfathered water Rights. The Developer shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the Irrigation randf .thered Rights 1 water rights on lands deeded to the Town pursuant to the W558ft.djar Council Meeting 10/18/2016 -2- Page 153 of 201 Certificate of Gr Water lights. On lands not deeded to the Town, extinguishment credits will be transferred to the Town on appropriate Department of Water Resource form, except as may be needed for irrigation and/or water features on the Property. In exchange, the Town shall provide designation of assured water supply and water service to the Property. 2.1.2. Non-potable water Su 1 . The De veloper intends to contract with MMWC for the non potable water supply necessary to serve the Property. Such non - potable water will be conveyed by MMWC through the MMWC non - potable transmission s rstcrn constructed by the Developer pursuant to the water Service Agrce ent. 2 .1.3. Storage of Nord- Potable Water The Developer shall construct and dedicate to the Town, and thereafter the Town shall operate and maintain, any alternative agricultural storage basins required for development of the Property pursue to the Specific Plan and located in a public park or open space or that serve as a regional non - potable water storage area, The De veloper a lso may construct alternative agricultural storage basins within private common areas on the Property, but the Developer solely is responsible for the operation and maintenance of such basins. 2 .2. wastewater The Developer shall construct the necessary ors -site sower collection and transmission system to serve the Property. The sower system shall be in conformance with, and subject to, the requirements of Pima Counter wastewater Management and the Town, and shall be designed and constructed at no cost to the Town. The Developer will construct any necessary off -site trunk sewer lines necessary to serve the Property. 2 .3. RoadwAyj The Town currently is updating the circulation element of the NMAP ("Circulation Element"'). If t the Specific Plan is inconsistent with the updated Circulation Element, then the Town and the Developer agree to pursue an administrative or legislative amendment, as may be necessary, of the Specific Plan so that the Specific Plan is consistent with the updated Circulation Element. After the Town adopts the updated Circulation Element and any Specific Plan amendment required by this Section, and pursuant to the Sanders Grove Preliminary Traffic Analysis dated September 28, 2004 and prepared by Curtis L ueel Associates, the Developer shall submit a Traffic Impact Analysis ("TIA"') for the Property concurrently wi submittal of the first block or preliminary plat for the Property. The TIA shall be reviewed by Town staff. The tinning and scope of construction of the road improvements will b e detennin d by Town staff based on the findings of the TIA. The Developer shall be responsible only for the construction of the road improvements required by the TIA and this Agreement (``Road Improvements"). 2.3.1. M ran Road* Totwlthstanding the timing of construction identified b the TIA, prior to the issuance of the building permit for development on the Property, the � Developer shall complete construction of improvements to Marana Road from Interstate 1 o n the east to the western -most entrance to the Property- The improvements shall consist of a four - lane cross - section, with a transition to a two -lane cross - section west of the westernmost entranec including a left -turn lane for eastbound traffic into the westernmost entrance, and s any other traffic safety improvements required by the TIA. The actual design will be determined as part of the updated Circulation Element. 2 .3 .2. Sanders load. The Developer shall construct improvements to Sanders Road north from Marana Road to the hiterstate 10 frontage road. The Developer shall dedicate one -half M6nAftjular Council Meeting 10/18/2016 -3- Page 154 of 201 of the right-of-way necessary for Sanders Komi. The right-of-way width and roadw design will be established as part of the updated Circulation Element and the TIA. 2 .3 -3. Kirby Hughes Road The Developer shall construct improvements to Kirby Hughes load from Sanders Road to Wentz Road with a maximum -foot right-of-wa a along it current alignment. Twenty --foot -wide linear landscape buffers will be placed on both sides of Kirby Hughes Road. The roadway will be improved to a tiro -lane urban cr section pursuant to Town standards. The design of the roadway and right-of-way may b amended by agreement to be consistent with the updated Circulation Element and the TIA. 2 .3.4. Hardin Road The Developer shall construct improvements to Hardin load along the northem boundary of the Property within the existing 60-foot right -of' way. The roadway will be improved to a two -lane rural cross - section pursuant to Town standards. 2 .3.5. l ev l pment TMpact Fees The Developer shall pay the then applicable development impact fee for transportation improvements, but pursuant to the provisions of Ordinance 2005.09, shall receive credits and/or reimbursements at the Developer's option) against such fee for the cost to design and construct the improvements to Marana road and Sanders Road and shall receive credits for the right -of-way accessary for the improvement to Marana Road and Sanders Road. Notwithstanding the foregoing, the cost to design and construct the improvements to Marana Road west of the westernmost entrance to the Property are not eligible for credit or reimbursement against the development impact fee for transportation improvements, as such improvements are not permanent. If Kirby Hughes Road, Hardin Read or any other road is identified by the updated Circulation Element or the TIA as being an arterial roadway, then the Town shall reprise the Northwest Marana Roadway D evelopment Impact Fee Report, on which the development impact fee for transportation fee 1s based, to include such roads as eligible for credits and/or reimbursements, and the Developer shall receive credits and/or reimbursements at the Developer's option) against the then- applicable development impact fee for transportation improvements, as well as credits for the right-of-way necessary for such improvements. 2 .4. Fire Protection Before a certificate of occupancy is issued for any dwelling unit on th Property, the Developer shall have completed or shall provide evidence to the Town "s satisfaction that Developer has rude a diligent effort to complete the process of having the Property annexed into a fire district. 2 .5. School Land The Developer shall contribute a School Improvement C ontribution Fee of $ 1,200 per residential lot, payable to the Marana Unified School District ("District"), and subject to the terms and conditions o a separate agreement by and between the District and the Developer, The s agreement may document tens and conditions of the dedication of school sites, construction of schools on such sites, and/or th payment f a fee in lieu of site dedication; such separate agreement shall control over this Section 2.5. The separate agreement shall be submitted to the Town concurrently with the submittal of the block plat or first prelimin plat. 2 .6. O nsite Private Recreational Facilities within each platted block or parcel, private recreational facilities shall be constructed on a site of not less than 185 square feet per residential unit, Site and facility design shall be approved by the Town Parks & R ecreation Director and Planning Director. 1 FRI m &i '4I f. 4 a c j.,; M �*MftgDjar Council Meeting 10/18/2016 _ Page 155 of 201 2. 7. Public Pa Trail System. The Developer shall dedicate a minimum of 6 acre's of developable park land per thousand residents at 2.67 people per residential unit to the Town for public park facilities and trail system. The Developer shall arrange for the design and construction of public park and trail improvements in coordination with the Town Parks Department with a value of at least 1,000 per residential unit "Park Impr venlonts" . The Park Improvements vements shall include a neighborhood park adjacent to Interstatc 10 as shown on the Specific Plan ("Neighborhood Park"). Upon completion and dedication by the Developer of the Park Improvements, the Town will formally accept and maintain the Park Improvements. The Developer shall pay the then - applicable development impact fee for park improvements, but pursuant to the provisions of Ordinance 2005.09, shall receive credits and/or reimbursements at the Developer's option) against such fee for the cost to design and construct the Neighborhood Part and eligible public trail system elements and credits against such fee for the land dedicated for the Neighborhood Park and eligible public trail system elements. 2.7.1, Phasing of IMprovements. The Park Improvements may be constructed in phases as the Property is developed, and in approximate proportion to the amount of the Property developed. Notwithstanding the foregoing, the Park lmprove eats shall be complete upon completion of development of severity -five percent of the Property acreage. If the Developer is not in compliance with this Section .7.1, their the Town may withhold building permits for development ors the Property until the Developer completes construction of the necessar Park Improvements. 2.9. Carnl2liance with State and Federal Laws and Regulations No approval, permit or authorization of the 'Town authorizes the Developer to violate any applicable federal or state laws or regulations, or cell v s the Developer from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 3. Right-of-Way and Financing .1. Acquisition and band- omnent of lights- of -Wpy The Developer will use commercially reasonable efforts to acquire from private property owners any and all necessary property rights for the construction of off -site infrastructure improvements required by this Agreement or the Specific Plan. The Town shall not require the Developer to construct or install any off -site infrastructure improvements unless the Developer has acquired the necessary property rights pursuant to this Section 3.1 or if the Developer is unsuccessful in acquiring such property rights, unless the Town exercises its power of condemnation to acquire the accessary pr p t r rights. If the Town exercises its power of condemnation pursuant to this Section, the Developer shall pay all costs of condemnation, including but not limited to the condemnation award to the property owners, costs of litigation, and reasonable attorneys' fees. If the Town settles a condemnation lawsuit, the Developer shall pay the settlement costs p rovided that such costs inclusive of the S payment for the property, do not exceed 120% of the appraised value for such property without the approval of the Developer. The settlement costs shall be eligible for credits against the development fee for transportation improvements if the property right acquired is necessary for the construction of an arterial roadway. The Town shall, at the sole cost of the Developer, reasonably consider abandonment of any winecessary public rights-of-way or casements currently located on the Property and not otherwise used or required by other members of the public. I 5r RvgJuJar Council Meeting 10/18/2016 -5- Page 156 of 201 .2, Ides onsibilit for `inancin Infrastructure 1rn rovement . T per of the D evelop er, the Town staff shall p rocess any request for a Community Facilities District CUD"') p to A.R.S. § 48-701, et seq. and the Towns Guidelines for Establishment of CoTn munity Facilities Districts, and th e Town Council sha reason consider such request f or a CFD. Article 4, Cooperation and Alternative Dispute Resolutions 4. l . of - ntrn nt of l r r�ta.tiv . T further the commitment of the Pies t cooperate in the progress of the De elo ment, the Town a the Developer each shall designate and app oint a representative to act as a liaison between the Town and its various departments and the Developer. The itiitial representative for the Town (the ` { Town Representative" ) shall he the Development Services Administrator, and the initial representative for the Developer shall be � ll b Mark Weinberg or a replacement to b selected b the Developer. The representatives available at all reasonable t imes to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4 .2. Timin . The T own acknowledges the liecessity for timely review by the Town of all fans and other mate als (the "Submitted ]Materials" ) submitted by the Developer to the Town under this Agreement or pursuant to any zoning procedure, permit procedure, or other ovemment l procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such timely review of the Submitted Matefials whenever possible. 4.3. Default; „ Remedi if either Per defaults (the "Defaulting Party" ) with respect to any of that Party's oblig ations under this Agreement, the other Party (the "Non -Def ltili Party" shall be entitled to give written noti in the manner preseribed in Sceti n 7.1 to the ]defaulting Party, which Notice shall state the nature of the d cult claimed and make demand that such default b e corrected. The Defaulting Party shall then have i days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or ( 11) 30 days fr om the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within days, then such longer period as may be reasonably required, provided and so long as the cure is romptl commenced within 3 days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this ecti on, then the Non- Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in Sections 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the project to be developed on the Property, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and � remedies at law will likely be inadequate and that specific performance will likely be appropriate t f this Agreement. This Section shall not Inuit n other rights, for the ufor �' remedies, or causes of action that either party may have at lair or in equity. to under "s eement which the Parties cannot resolve 4 ed1at�or I there is d gr between themselves, the Pies agree that there shall be a 45 day moratorium on arbitration during time hich time the Parties agree to attempt to settle the dispute by nonbinding d g mediation � before commencement of titration. The mediation shall be held under the corn mcreia l mediation rules of the American Arbitration Association. The natter in di spute shall he submitted to a mediator mutually selected by Developer per and the Town. If the Parties camiot IT3N99Vtar Council Meeting 10/18/2016 -- Page 157 of 201 agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona., to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Developer. The results of the mediation shall be non- binding on the Parties, and any Party shall be free to initiate arbitration aff.cr the moratorium. 4 .5. Arbitration After mediation (Section 4,4 above), any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the A mefic w Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S § 12-501 et seq. , and j-udgm nt upon the award rendered may be entered in a court having jurisdiction. Article 5 Protected Development Rights/Vested Rights To establish legally protected rights for the development of the Property in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable ce stability and fairness to the Developer and the Town over the terra of this Agreement, the Developer and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement o f the Developer. In addition to the foregoing, upon the Developer's completion of construction of the improvements to Marana Road as set forth in Section .. .).1, the Developer's right to develop the Property with the densities, intensities, and types o land uses contained in the Specific Plan shall be vested for the term of this Agreement. The Town acknowledges that the Specific Plan permits the development of 250 residential dwelling units. Article 6. Future Development /Impact Fees If the Town adopts a development, impact, or other infrastrucWre fee, however denominated, for infrastructure of the type for which Developer has contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, the Developer shall be entitled to a credit and/or reimbursement at the Developer's option) for such contributions as set forth in A.R. § 9- . , O rdinance 2005 09 and this Agreement. Article 7. Notices and Filings. .1, Manner of S eru communications , All notices, filings, consents, approvals and other communications provided for in r given in miection with this Ag reement shall be validly g iven , filed made �6 transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to or to such other addresses as any Part y may from time : to time designate in writing and deliver in a like manner): d l t . To the Town Town of Mar Town Manager 115 5 5 W. C ivic Cent D rive Marna, Arizona Sf 65 MaJ53(4Qlar Council Meeting 10/18/2016 _'_ Page 158 of 201 To the Developer: Mark Weinberg c/o Diamond Ventures, Inc. 2200 East River Road, Suite 11 Tucson, Arizona 85741 Article 8. General Terms and Conditions. 8 . Tom This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "'Effective Date"). The tern of this Agreement shall begin on the Effective tiv Date arid, unless sooner terminated by the mutual cement of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is accessary for any reason, the terra of this greement may be extended by written agreement of the Parties. The Developer shall be entitled to terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 8 .2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this A 8 .3. Attorneys' Pees If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys" fees by the ether Party, in an amount determined by the court and not the i ury. #4. CountpMart This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may he removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be ph attached to a single document. 8 .5. Headings and Recitals. The desc pti e headings of this Agreement are inserted for convenience only and shall not co ntrol or affect the meaning or construction of any of the provisions of this Agreement, The Recitals set forth at the beginning of this Agreement are hereby acknowledged, ledged, onfirmed to be accurate and incorporated here. 8 .6. Exhibits Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in �� i the body of this Agreement. 8 .7. F urther A cts. Each of the Part art es all Bute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the natter contemplated by this 1 45, is Agrecment. W limiting the generality of the foregoing, the Town shall cooperate in good .64." faith and process promptly any requests and applications for plat or permit approvals or { revisions., an other necessary approvals relating to the development of the Property by the Developer and its successors, UU;JtMftgDjar Council Meeting 10/18/2016 - - Page 159 of 201 8 .. Future Effect. 8.8.1. Time Essence and Successors Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in Section 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Developer's rights under this Agreement may only be assigned by a written instrument, recorded in the ffi ia.l Records of Fiala County, Arizona, expressly assigning such rights, and no obligation of the Developer under this Ageement shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. In addition, notwithstanding anything in this Agreement to the contrary, the parties agree that the ]developer may assign or transfer its obligations to construct the road Improvements and the Park Improvements under Sections 2.3 and 2.7 of this Agreement subject to such assignee or transferee having the experience, financial. strength, past history and technical ability to perform orm the obligations of Developer under the above referenced Sections under a commercially reasonable standard. Developer shall provide the Town with thirty days written notice of such assigmnent. Developer agrees that any transfer of the beneficial interest of Developer, except to a wholly owned subsidiary or affiliated corporation of Developer having the same financial status and resources, shall be an assignment under this Section. In the event of a complete assig=ent by Developer of all rights and obligations of Developer under this Agrcement, Developer's liability un.d r this Agreement shall terminate effective upon the assumption of those liabilities by Developer's assignee. 8.8.2. Ter inati n Upon Sale to End Purchaser or User This Agreement shall t nninate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (arid not in "bulk") leased (far a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. No Partnership and Third Pam It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement 1s intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, acrd such other person, firm, organization or corporation shall have any right or cause of action under this Agreement, 8.10. th r Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this AgTeement. Inpposition of Duty by Law This A greement does not relieve any Party of any obligation or responsibility imposed upon it by law. 8 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. 8.13. Amendments to Aiareement No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and rn good faith pursue any amcndments to this Agreement that are reasonably necessary to M;NMG-Vgpjar Council Meeting 10/18/2016 -9- Page 160 of 201 accomplish the goals expressed in the Final Plat and Specific Plan as am ended by this Agreement. Within ton days after any amendment to this Agreement, it shall be recorded in the office of the Pima. County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names s and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed formulated or preparcd by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the Portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate gove authority. 8.15. Good Landin • Authority., The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with autbority to enter into this Agreement imder applicable state laves. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. S. 16. Sever ' ilit I If any provision of this Agre ent is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in hill force and effect. If a law or court order prohibits or excuses the Torn from undertaking are contractual commitment to perfonn any act under this Agreement, this Agreement shall remain in full force and effect, eet, but the provision requiring the act shall bo deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. S. '. Govemin Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of A-ri zona, and the Pies agree that any litigation or arbitration shall take place in Pima. County, Arizona. Nothing in the use of the word "litigation "' in the preceding sentence shall constitute a waiver of Section 4. 5,, requiring disputes to be resolved by binding arbitration. 8.18. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this A reerncnt for or against any party. 8.19. Recordation The Ton shall record this Agreement its its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 8.20. No Developer resentations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to completc any past or all of the development of the Property. 8.2 1. An - proval . If any Party is required pursuant to this Agreement to give its prior Witten TA approval, consent or permission, such approval, consent or porn fission shall not be unreasonabl withheld or delayed. 8.22. Force Male - e . If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "'force maj cure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such llfiMebblar Council Meeting 10/18/2016 -10- Page 161 of 201 Party shall use its hest effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can he cured within a reasonable amount of time. "Force majenre," as used in this Section, means any condition or event not reasonably w ithin the control of such party, including without limitation, "acts of G o d," strikes, lock-outs, or other disturbances of mpl er er ploy relations; acts of public enemies; orders or restraints of any kind of overt m nt o f th e United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; e pidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods, arrests, restraints of g ovemment and of people; plosi is; and partial or entire failure of utilities. Failure to settle strikes, loch - outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case wbcn such course is in the judgment of and unfavorable to a Part} shall not constitute failure to use its hest efforts to remedy such a condition. 8.23. C onflict of Interest This Agreement is subject to A.R.S. § 38 - 5 11, which provides for cancellation of contracts i c ertain instances involving n l is of interest.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] 0a �4J1 NJR9K41ar Council Meeting 10/18/2016 -1 Page 162 of 201 IN WITNESS WHEREOF, the Parties h executed this Agreement as o f the last date set forth below their respective signatures, Town: THE TOWN O AANA, an Arizona m unicipal corporation Ry: Mayor Date: — - � -,, �I DEVELOPER: DM MAR ANA 1 LAID INVESTORS L LC , an Arizona limit d liability company By: Diamond Ventures, Mc. Its.- Manager B y: Its: 1 TrE T: Date 5 4 , o r- ff l yn C. Bro on, C lerk OF �11 r4 PIOED T FORM: Z� t Z 7.0 County of Pima The foregoing in tra s c n ow before r m ors � 0 by t wa the Diamond Ventures, Inc-, anager of DM Maraaia Land Investors, LLC, an Arizona limited liability company, on behalf of the company. hk Nay c explre L I- I N otary Publi M . -� T Corm r .. 200 1 22 8 Marano Regular Council Meeting 10/18/2016 Page 163 of 201 STATE OF ARIZONA Ss OWNER ACKNOWLEDGMENT AND CONSEN The undersigned owner of the Property ac knowledges and agrees to the recordation of this Agfeement on the Property. C ORPORATION OF THE PRESIDING IN BIS OF THE CHURCH O F JESUS C14RIST O LATTER-DAY S AINTS, a Utah c orpo ation sole B: Name: M rrl B. Gibbons Title; Authorized Agent STATE O F [UTAH )S S County f Salt Lak The f r ping instrument was . 1 uo l d before m this l� . of Ma 2005, b _..__.... the Authorized Agent of CORPORATION OF THE PRESIDTNG BISHOP OF THE CHURCH O JESUS CHRIST O LATTER -DAY SAINTS, a Utaii corporation pole on behalf of the corporation. Mary li M o 1 ion MAW TV BPH 1 l 13689. Marana Regular Council Meeting 10/18/2016 Page 164 of 201 EXHIBIT A Parcel V The Nordt hit# of Section 20 in Tiawnsfi+O i 1 South, ItMe 11 Eest,. We and Sit Mm kIMd&m Fifn# COwtV Arko11v. Parcel 2: Th*t Ott of *e Fist half of tft 9uarar of So~ 17 to TownsNp f 1 South, Ft�n�s t 1 6M �a VW ��t !�+►s+r 1�rk��n. P�Ans CowM A*ione, YN Sausl► iadvllAm of VU Soulh Noftfly rim of way iine of *e TLrAmrrCm Gnu%* W *Y, said rigs ad way bft its foitav+rs; 94g &t a point on ft N4Rh f'fna of ql11$R 17 trorn whwwo th! No'tRwest empr boom SOw► $9 11 24* 48" ~ a dMUrtce vt 1 X38.1 7 #jai; Th.r1C� �au�1 �o° 29r �+4'` East s nc� Df 4B1 2.70 fay t0 a P*t 9A #m Fsat Iie* Of said Seaw 17 and the Poire of &nOp of said ttrr. �� , That Aart of :h* Har sc qwmor of dare 17 in ?ownsfiip t i S , Ruge I i Em, ai'te and Salt Ammer M&jdim% Pig Cownty. l4rhon16 8" 1+1tan of ft Southwesterly ri� Wily WO �4rrsi y of the TaC� CflWWG HiOrwiy, said ft4t of way beirl� �sCrib*d �s lf�o M+��t s: M*kW � on tM � Um f � � 17 from when" tro *mwesi corm bears South 89 2*1P 6" West a fttarm 01 11135 I? Uft '1un" South 50' 29" Oa"" Est s ep"nra *1 46 1z Is test to a pvm Qn to Este ins of said 9n i T snd tt� �loint at �nxft of , That part of the South Wt Sea*M 17 0 TOwr t I Souk, ASnV 7 I SM. Lets and SM Rivw Mnddant Pima Caumy, Aftanw iyir+g SumM wtf vVOSt of ft Smhwesterly j%lrt of way dine 4f TueW-Cas# fir +wayo taf wsyr bft (tom at k6i++s! 8" InMj 4t a poim 4m tho N&W lkw of said *m 17 from wb"" the N wmwesv comr rs South 89 24 46 West a dWWM of 1 fon a' Tie So 60 ' 29" " EM im d o 451 feet io a point ion ft Nast k* of laid S WWA 17 &M Ift Point O o Said �.� Parcel w: W p H� The Nest huff of tu Northwwa qvvw of Section 17 in township 1 i sm flange i i skst aH raft end S ak FVviv Nl, A = Cmm AAanm Marana Regular Council Meeting 10/18/2016 Page 165 of 201 EXHIBIT B mmo mspum COMMERCUU. � � _ S IFIC K BOUNDARY W�LOW DENSITY LITRE �. ,. PARCEL OWRDAI Y = Lm 0s affy TRALS PROPOSED S HK)M WE �mm it � PRO POS ED Tm PLANNING I" Marana Regular Council Meeting 10/18/2016 Page 166 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting A2 Meeting Date: 10/18/2016 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: October 18, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -113: Relating to Development; approving and authorizing the Mayor to execute a First Amendment to Marana Cemetery Development Agreement between the Town of Marana and Marana Mortuary &Cemetery Properties, L.L.C. (Jane Fairall) Discussion: In 2009, the Town entered into a development agreement with Marana Mortuary & Cemetery Properties, L.L.C. to facilitate the development of the Marana Mortuary & Cemetery on Barnett Road. The original development agreement is attached to this item as backup material. As a part of the agreement, the developer agreed to contribute toward public improvements, including the future construction of Tangerine Farms Road. The agreement provided that the developer was to dedicate to the Town the easternmost 250 feet of the property for the future construction of Tangerine Farms Road and associated improvements within 120 days of the effective date of the agreement. The developer complied with this requirement of the agreement. The agreement also required the developer to contribute $366,818 toward the construction of the road, in 10 equal annual payments, beginning on the third anniversary of the effective date of approval of the development plan. Based on this schedule, the first payment was due and payable to the Town as of February 2012; however, the developer did not make any payments to the Town for the road. The Town has not constructed Tangerine Farms Road and currently has no plans to do so. The proposed development agreement amendment will relieve the Marana Mortuary & Cemetery from its obligation to pay the Town for the road. Instead, the amendment provides that if the Town at any time declares its intention to form an improvement district to finance construction of the road, the cemetery agrees not to protest the formation of the improvement district and shall pay Marana Regular Council Meeting 10/18/2016 Page 167 of 201 its fair share through the improvement district. Financial Impact: Fiscal Year: Future Budgeted Y/N: N Amount: $366,818 The terms of the original development agreement were 10 annual payments of approximately $36,681 for a total contribution of $366,818 toward a future phase of the Tangerine Farms Road. Town staff would work to fund the project in a future budget year through other revenues including, but not limited to, contracting transaction privilege taxes dedicated for road improvements. Staff Recommendation: Staff recommends approval of the development agreement amendment. Suggested Motion: I move to adopt Resolution No. 2016 -113, approving and authorizing the Mayor to execute a First Amendment to Marana Cemetery Development Agreement. Attachments Resolution No. 2016 -113 Exhibit A to Resolution - DA Amendment Original Development Agreement Marana Regular Council Meeting 10/18/2016 Page 168 of 201 MARANA RESOLUTION NO. 2016-113 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C. WHEREAS the Town and Marana Mortuary & Cemetery Properties, L.L.C. (the "Owner /Developer ") entered into the "Marana Cemetery Development Agreement" effective January 6, 2009; and WHEREAS the agreement provides that the Owner /Developer is required to contribute $366,818.00 toward the future construction of Tangerine Farms Road, and to date, the Owner /Developer has not made any payments to the Town for Tangerine Farms Road; and WHEREAS the Town has not constructed Tangerine Farms Road and has no current plans to do so; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the First Amendment to Marana Cemetery Development Agreement, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. 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 18th day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049132.DOCX /1 Marana Resolution No. 2016 -113 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 169 of 201 Exhibit A to Marana Resolution No. 2016 -113 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT (this "Amendment ") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company (the ""Owner/ Developer"). The Town and the Owner/ Developer are sometimes collectively referred to as the "Parties," each is sometimes individually referred to as a "Party." RECITALS A. The Town and the Owner / Developer entered into the " Marana Cemetery Devel- opment Agreement" effective January 6, 2009, and recorded in the office of the Recorder of Pima County, Arizona, on January 15, 2009, at Sequence 20090100097 (the "Original Agreement ") . B. The Original Agreement provided that the Owner /Developer is required to con- tribute $366,818.00 toward the future construction of Tangerine Farms Road. The Own- er /Developer has not made any payments to the Town for Tangerine Farms Road. C. The Town has not constructed Tangerine Farms Road and has no current plans to do so. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Amendment as though fully restated here, and the mutual covenants set forth in this Amendment and in the Original Agreement, the Parties hereby agree as follows: 1. Tangerine Farms Road Fair -Share Construction Contribution. The Original Agreement is hereby amended to delete paragraph 3.2 in its entirety, eliminating the Own- er /Developer's obligation to contribute toward the future construction of Tangerine Farms Road. 2. Improvement District. The Original Agreement is hereby amended to add new paragraph 3.7 as follows: 3.7 Improvement District If at any time the Town declares its intention to form an improvement district pursuant to Title 48, Chapter 4, Article 2 of the Arizona Revised Statutes (the "Statutory Authority ") to finance construction of Tange- rine Farms Road, the Owner/ Developer agrees not to protest the formation of the improvement district. The Owner/ Developer's contribution to any such 00045308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT 8/5/16 JF - 1 - Marana Regular Council Meeting 10/18/2016 Page 170 of 201 Exhibit A to Marana Resolution No. 2016 -113 improvement district shall be limited to the Owner/ Developer's fair share as is normally calculated pursuant to the Statutory Authority. Notwithstanding any statement to the contrary in paragraph 6.1 of this Agreement, the Own- er/Developer's obligations pursuant to this paragraph 3.7 shall survive termi- nation of this Agreement. 3. No Town Obligation. The Original Agreement is hereby amended to add new par- agraph 3.8 as follows: 3.8 No Town Obligation This Article does not create an affirmative Town ob- ligation to construct Tangerine Farms Road. 4. Notice and Filings. The Original Agreement is hereby amended to revise para- graph 6.28 by replacing the Owner/ Developer's notice information, as follows: If to the Owner/ Developer: MARANA MORTUARY & CEMETERY, L.L.C. c/o Ms. Chris D. Hodgson, Manager 2140 W. Moore Road Tucson, AZ 85755 5. Effect. Capitalized words and phrases in this Amendment shall have the meanings set forth in the Original Agreement as modified by this Amendment, and the terms of the Original Agreement shall continue in full force and effect except as expressly modi- fied by this Amendment. 6. Term of this Amendment. This Amendment shall become effective upon its execu- tion by all of the Parties and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes as of the date of termination of the Original Agreement. 7. Recordation. As provided in paragraph 6.17 of the Original Agreement, the Own- er /Developer shall at its expense record this Amendment in the office of the Pima County Recorder within ten days of its execution by all Parties. 8. Miscellaneous. (A) This Amendment may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (B) This Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Amendment shall in any way relieve the assignor of its obliga- tions under this Amendment. (C) This Amendment is subject to A.R.S. § 38 -511, which provides for cancella- tion of contracts in certain instances involving conflicts of interest. 00045308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT 8/5/16 JF -2- Marana Regular Council Meeting 10/18/2016 Page 171 of 201 Exhibit A to Marana Resolution No. 2016 -113 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. The "Town ": The "Owner/Developer ": TOWN OF MARANA, an Arizona municipal MARANA MORTUARY & CEMETERY, L.L.C., corporation an Arizona limited liability company 0 Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA CHRIS D. HODGSON, its manager Chris D. Hodgson Date: PAHLMEYER. L.L.C., an Arizona limited liability company, its manager By: Matthew Scott Stiteler, as trustee of the Matthew Scott Stiteler Revocable Trust, its member Date: ss County of ) The foregoing instrument was acknowledged before me on by Chris D. Hodgson, Manager of MARANA MORTUARY & CEMETERY, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public 00045308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT 8/5/16 JF -3- Marana Regular Council Meeting 10/18/2016 Page 172 of 201 Exhibit A to Marana Resolution No. 2016 -113 STATE OF ARIZONA County of � SS The foregoing instrument was acknowledged before me on by Matthew Scott Stiteler, as trustee of the Matthew Scott Stiteler Revocable Trust, Member of Pahlmeyer, L.L.C., Manager of MARANA MORTUARY & CEMETERY, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public 00045308.DOC /3 FIRST AMENDMENT TO MARANA CEMETERY DEVELOPMENT AGREEMENT 8/5/16 JF -4- Marana Regular Council Meeting 10/18/2016 Page 173 of 201 F. ANN RODR I GUE Z , RECORDER DOCKET: 13475 RECORDED BY: K O PAGE: 184 DEPUTY RECORDER or P�j Ci NO. OF PAGES: SEQUENCE: 15 20094100097 1861 PE - 2' I � ; wx 01/15/2009 SMARA 11:51 TOWN OF Vk AG ATTN : TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 13.00 MARANA CEMETERY DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This Development Agreement (this "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company (the "Owner/Developer "). The Town and the Owner /Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Owner /Developer owns a vacant parcel of property consisting of approximately 23.49 acres, located immediately north of Barnett Road, with the future right -of -way of Tangerine Farms Road crossing the easternmost 250 feet of the parcel (the "Property "). B. The Owner/Developer intends and desires to develop a new cemetery and mortuary facility (the "Cemetery /Mortuary ") on the Property. C. Establishing clearly defined expectations, rules and regulations is necessary to ensure that the Parties' vision for the ultimate development of the Cemetery/Mortuary can be carried out as construction of the Cemetery/Mortuary occurs in phases over the course of many years. D. The Property is located on property zoned "A" (Small Lot Zone), and has received the Town of Marana approval of a Significant Land Use Change, prior to the resolution approving and adopting this Agreement. E. The Property is legally described in Exhibit A attached to this Agreement. F. The Town and the Owner/Developer desire to establish certain agreements pursuant to A.R.S. § 9- 500.05 to facilitate development of the Property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. G. The development of a Cemetery/Mortuary on the Property is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9 -461). t AGREEMENT H k p f1 Now THEREFORE, in consideration of the mutual promises made in this Agreement, the _' ` :A l i, Parties agree as follows: y vi Article 1. Background I x,:14 4 1.1. Incorporation of the Recitals The foregoing Recitals are incorporated here b this �; : reference. }: (00008130.DOC / 61 8/11/ 200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT - 1 - Marana Regular Council Meeting 10/18/2016 Page 174 of 201 -00111� 1.2. Proposed Uses The Cemetery/Mortuary consists of a full- service mortuary, crematorium and cemetery facility (which may include mausoleum and other burial facilities), with accessory chapel, flower shop, office and utility /storage uses. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Cemetery /Mortuary. Owner/Developer shall be allowed to use those areas of land not immediately necessary for the Cemetery /Mortuary as described in the accepted Significant Land Use Change application that consist of uses such as open space commercial uses, such as a commercial nursery, tree farm, continuing the current agricultural use or other uses which maintain an open space character for the area. If a use not considered being of an open space character is proposed, it shall not limit the Owner/Developer from making separate application to the Town for approval of such commercial use. 1.3. Definitions The following definitions shall apply to this Agreement: 1.3.1. "Development Regulations" is defined in paragraph 2.1 below. 1.3.2. The "Property" is defined in Recital A above and described in Exhibit A attached to this Agreement. 1.3.3. "Public Improvement Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, construction, installation, or provision of the Public Improvements, together with all costs associated with the acquisition of lands, rights - of -way and easements either to be dedicated to the Town or upon which Public Improvements are to be constructed, with Interest as provided in this Agreement. Article 2. Development of the Property. 2.1. Development Regulations The development of the Property shall be governed by (i) the Marana Land Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code ") in effect on the effective date of this Agreement, (ii) the SLUG approval, and (iii) this Agreement. In the event of any express conflict, the terms of this Marana Development Code shall control over the SLUG approval and this agreement. The requirements of this paragraph are collectively referred to as the "Development Regulations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and Lf : rw3 the densities, intensities and development regulations that apply to the land uses authorized foriRl the Property. So long as the Owner/Developer does not change the cemetery use and permitted interim uses for a portion of the Property, the Town will not require a new approval process for changes in the site plan. Upon the owner /Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development = " hxu. C J �f Regulations, the Town agrees to issue such permits or approvals for the development of the 4 "" Cemetery /Mortuary as may be requested by the Owner/Developer. 100008130. DOC / 6) 8/11/ 200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT -2_ Marana Regular Council Meeting 10/18/2016 Page 175 of 201 2.3. Temporary Access _ to Barnett Road The Town shall allow continuous vehicular and utility access from Barnett Road to the Property until vehicular and utility access is provided via Tangerine Farms Road. The Town anticipates that a future drainage channel and linear park will be constructed in the current location of Barnett Road (the "Barnett Channel " ), and that Barnett Road will be closed to public vehicular traffic and its right of way converted to Town real property. Consequently, the Town is not obligated to allow vehicular or utility access from the Property to the current location of Barnett Road after Tangerine Farms Road is open to the public. The Owner/Developer shall design and construct the Initial Improvements so that in the future, when permanent vehicular access is provided to the east via the future Tangerine Farms Road, the temporary public vehicular access to Barnett can be terminated. Also the initial utility services will be designed and constructed for future access from Tangerine Farms Road. When the Tangerine Farms Road utility connection is made, the Town will pay for reconnection to the Cemetery /Mortuary. The Owner/Developer will construct their improvements to tie the future connection to Tangerine Farms Road to their property line. 2.4. Drainage The current natural drainage of the Property is toward the northwest. The Owner/Developer shall design the on -site drainage so that the Property will either drain to the south, to the east via conveyances under Tangerine Farms Road, once Tangerine Farms Road is improved, or retained on -site. Upon completion of the Barnett Channel, the Town shall allow the Property to drain directly to the Barnett Channel. Until the Barnett Channel is completed, the Owner/Developer shall provide on -site drainage retention/detention on the Property in conformance with Northwest drainage requirements on an interim basis until such time as Barnett Channel is available. 2.5. Alternate Development Plans Nothing in this Agreement shall require the Owner/Developer to construct the Cemetery /Mortuary on the Property. The Owner/Developer shall give the Town written notice of its decision not to pursue the Cemetery/Mortuary use on the Property. Upon receipt of the notice, the SLUG Approval shall be rescinded. Article 3. Owner/Developer's Contributions for Public Improvements 3.1. Tangerine Farms Road Right-of-Way Dedication. Within 120 days after the effective date of this Agreement, the Owner/Developer shall dedicate to the Town, free and clear of all liens and encumbrances, the easternmost 250 feet of the Property for the future construction of Tangerine Farms Road and associated improvements (Tangerine Farms Road). The dedication of the Right -of -Way by the Owner/Developer is conditioned on the Town's representation that the only use for the dedication is for the future construction of the Tangerine Farms Road. If any of the 250 foot dedicated right -of -way is not used for Tangerine Farms Road it shall be returned to the owner /Developer at no cost to them. '1111: 3.2. Tangerine Farms Road Fair -Share Construction Contribution. The Owner/Developer � µ shall contribute $366,818 toward the construction of Tangerine Farms Road, payable in ten equal -� annual payments of $36,681.80, beginning on the third anniversary of the effective date of approval of development plan No. DPR- 08079, currently under review by the Town and continuing each anniversary thereafter until paid in full. The amount shall be secured by a deed of trust upon the mortuary portion of the Property. The Town will reasonably subordinate the deed of trust to any acquisition or construction financing for the Property. The dedication of the Right -of -Way and payment of the $366,681.80 is the total obligation of Developer for the 100008130.DOC / 6} MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/ 200811:23 AM -3- Marana Regular Council Meeting 10/18/2016 Page 176 of 201 Tangerine Farms Road when constructed. This paragraph does not create an affirmative Town obligation to build Tangerine Farms Road. In the event that Tangerine Farms Road is removed from the Town of Marana. Major Routes Plan all funds contributed pursuant to this paragraph shall be returned to the Owner /Developer. 3.3. Tangerine Farms Road Construction Cooperation The Town and the Owner/Developer shall cooperate in the construction of Tangerine Farms Road. The Town shall make every reasonable effort to maintain continuous public access to the Property during construction. The Owner/Developer shall grant reasonable slope and drainage easements and temporary construction easements as necessary for the construction of the Tangerine Farms Road. 3.4. Bank Protection. In compliance with Town Ordinance 99.02, the Developer shall pay $500.00 per acre of affected Property for bank protection. The total obligation of Developer for the Project is $11,745 ($500 x 23.49 affected acres). Full payment shall be made prior to issuance of a grading permit for any portion of the Property 3.5. water Infrastructure. The Owner/Developer shall provide to the Utilities Director's satisfaction the necessary plans and models that provide the required water main extension for potable and non- potable water, water demand including fire protection modeling and the possibility of participating in storage, booster plant and well needs if the modeling shows the demand requires it. 3.6. CMID Channel. Any undergrounding or modification of the CMID channel that lies between the property and the future Barnett Channel shall occur at no cost to Marana Mortuary & Cemetery Properties L.L.C,. This paragraph does not create an affirmative Town obligation to modify or underground the CMID channel. Article 4. Owner/Developer's Payment of Development Impact Fees 4.1. Impact Fees. The Town development impact fees adopted by the Town pursuant to A.R.S. § 9- 463.05 and currently applicable to the development of the Cemetery/Mortuary are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25 and the Wastewater System Development Impact Fee adopted by Marana Ordinance No. 2008.25. 4.2. Other Impact Fees. Except as specifically provided in Article 3 and paragraph 4.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development unless the use of the Property is altered and then only for a portion of the Property for which the use is changed. Article 5. Cooperation and Alternative Dispute Resolution. 5.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the development of the Cemetery/Mortuary, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Owner /Developer. The initial representative for the Town (the "Town Representative ") shall be the General Manager — Development Services, and 100008130.DOC / b} MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/2008 11:23 AM -4- Marana Regular Council Meeting 10/18/2016 Page 177 of 201 the initial representative for the Owner/Developer shall be Jon Aries or a replacement to be selected by the Owner /Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 5.2. Non - Performance; Remedies If either Party does not perform under this Agreement (the "Non- Performing Party ") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party ") shall be entitled to give written notice in the manner prescribed in paragraph 6.28 below to the Non- Performing Party, which notice shall state the nature of the non - performance claimed and make demand that such non - performance be corrected. The Non - Performing Party shall then have (1) twenty days from the date of the notice within which to correct the non- performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non - performance if action other than the payment of money is reasonably required, or if the non- monetary non - performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non - performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the development of the Cemetery/Mortuary, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non - performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. 5.3. Mediation If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty -five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner /Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Owner/Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 5.4. Arbitration After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. (00008130.DOC / 6) MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/200811 :23 AM _j_ Marana Regular Council Meeting 10/18/2016 Page 178 of 201 Article 6. General Terms and Conditions. 6.1. Term This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date "). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes, so long as all obligations of the parties have been performed, on the thirteenth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. 6.2. Waiver No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Owner/Developer of the non - performance of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 6.3. Attorney's Fees If any Party brings a lawsuit or arbitration proceeding against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non - performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court or arbitrator and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 5.4 above, requiring disputes to be resolved by binding arbitration. 6.4. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 6.5. Headings The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 6.6. Recitals The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 6.7. Exhibits Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 6.8. Further Acts Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this { Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Cemetery/Mortuary. 6.9. Time Essence Time is of the essence of each and every obligation by the Town and 1 Owner/Developer under this Agreement. p g 6.10. Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9- 500.05 (D). No assignment, f O0008130.DOC / 6 } 8/11/ 200811:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT ■M Marana Regular Council Meeting 10/18/2016 Page 179 of 201 however, shall relieve either party of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner/Developer shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Owner/Developer may, without the Town's consent, assign this Agreement to any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner or any entity in which MARANA MORTUARY & CEMETERY PROPERTIES, LLC are owners. As used in this paragraph, the term "'Affiliate" means any entity under common control with Owner/Developer. 6.11. Lender Provisions Notwithstanding paragraph 6.1 o above, the Town is aware that financing for development, construction, and operation of the Cemetery/Mortuary may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender "), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non - performance by Owner/Developer, the Town shall provide notice of non - performance to any Lender previously identified in writing to the Town at the same time notice is provided to Owner /Developer. If a Lender is permitted under the terms of its agreement with Owner /Developer to cure the non- performance and /or to assume Owner/Developer's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Owner /Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developer or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non- performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non - performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this paragraph. 6.12. No Partnership It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Owner /Developer and the Town. 6.13. Third Party Beneficiaries No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. This Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. (00008130.DOC / b) MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/ 200811:23 AM -7- Marana Regular Council Meeting 10/18/2016 Page 180 of 201 6.14. other Instruments Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 6.15. Imposition of Duty, by Law This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 6.16. Entire Agreement This Agreement, including the attached exhibits, 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. 6.17. Amendments No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 6.18. Names and Plans Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Owner /Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 6.19. Good Standing Authority The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona. The Town represents and warrants to the Owner/Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 6.20. 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 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 �4 reformed accordingly. 6.21. Governing Law This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shallh:{ take lace in Pima County Noth in the use of the word "lit in the p receding P ty? g g p g sentence shall constitute a waiver of paragraph 5.4 above, requiring disputes to be resolved by binding arbitration. 100008130.DOC / 6} MARANA CEMETERY DEVELOPMENT AGREEMENT 8/ 11 / 200811:23 AM • Marana Regular Council Meeting 10/18/2016 Page 181 of 201 6.22. Interpretation This Agreement has been negotiated by the Town and the Owner/Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 6.23. Recordation The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Owner /Developer. 6.24. No owner /Developer _Representations Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence or complete any part or all of the development of the Property. 6.25. Approval If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 6.26. Force Majeure If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force maj eure," then the failure to observe or perform such covenant or condition shall not constitute an event of non - performance under this Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer /employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires, hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is, in the judgment of such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 6.27. Conflict of Interest This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 6.28. Notices and Filings All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally, sent via overnight national. courier, ;r or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate In writing and deliver in a like manner): ° }dE: a + � a: To the Town: Town Manager TowN of MARANA Marana Municipal Complex 11555 West Civic Center Drive s A3= Marana, Arizona 85653 {00008130. HOC 6} 8/ 11 / 2008 11:23 AM MARANA CEMETERY DEVELOPMENT AGREEMENT Marana Regular Council Meeting 10/18/2016 Page 182 of 201 To the Owner /Developer: Marana Mortuary & Cemetery Properties, LLC c/o Terramar Properties 2200 EAST RIVER ROAD, SUITE 105 Tucson, AZ 85718 with a copy to: SWAN MANAGEMENT LLC 8261 East Cholla Drive Tucson, AZ 85718 [Remainder of page intentionally left blank.] 100008130.DOC / 6} MARANA CEMETERY DEVELOPMENT AGREEMENT 8/11/ 200811:23 AM Marana Regular Council Meeting 10/18/2016 Page 183 of 201 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 corpo ation Ed onea, Ma or Date: / ATTEST: oc lyn C. Onson, Clerk OWNER/DEVELOPER: MARANA MORTUARY & CEMETERY PROPERTIES, L.L.C., an Arizona limited liability company PAHLMEYER. L.L.C., an Arizona limited liability company, it manager By: Robert A. Morken III, its administrative member Date: APPROVED To Fo � T Fr C own Attorney ; f STATE oa AIRIZONA } ss County of Pima The foregoing instrument was acknowledged before me on by Robert A. Morken 111, administrative member of PAHLMEYER, L.L.C., an Arizona limited liability company, the manager of MARANA MORTUARY & CEMETERY PROPERTIES L.L.C., an Arizona limited liabilit company on behalf of the LLC. My commission expires: U I L I C k.. r P ' R I ZO OVA .ra 0� :ma VIVIA A RUIZ M Commiss Expires April 2-4, 2011 Notary u c y `lra� l�r7 jar (00008130.DOC / 6) MARANA CEMETERY DEVELOPMENT AGREEMENT 8/ 11/ 200811:23 AM _11_ Marana Regular Council Meeting 10/18/2016 Page 184 of 201 LIST of EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Cemetery /Mortuary 100008130.DQC / 6} MAR-ANA CEMETERY DEVELOPMENT AGREEMENT EXHIBIT A 12/18/ 2007 8:47 PM Marana Regular Council Meeting 10/18/2016 Page 185 of 201 EXHIBIT "A" ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP I I SOUTH, RANGE I 1 EAST, OF THE GILA AND SALT RIFER. BASE AND MERIDIAN, PIMA COUNTY, ARIZONA., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER SECTION CORDER OF SAID SECTION' 2$; THENCE NORTH 89 DEGREES 50 MINUTES 16 SECONDS EAST, ALONG THE CENTER SEC'T'ION LINE, A DISTANCE OF 334.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 03 MINUTES 08 SECONDS WEST, AND PARALLEL WITH THE NORTH CENTER SECTION LINE, A DISTANCE OF 1316.33 FEET TO A POINT; THENCE NORTH 89 DEGREES 52 MINUTES 10 SECONDS EAST, A DISTANCE OF 792.00 FEET TO .A POINT; THENCE SOUTH 00 DEGREES 03 MINUTES 08 SECONDS EAST, A DISTANCE OF 1315,89 FEET TO A POINT; THENCE SOUTH 89 DEGREES 50 MINUTES 16 SECONDS VEST, A DISTANCE OF 792.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 25 FEET THEREOF. Marana Regular Council Meeting 10/18/2016 Page 186 of 201 txhirsi i is MASONARY WALL v c0 (D 00 0 N O CONCEPTUAL MASTER PLAN FOR NOTE: RETORT TO BE LOCATE[] IN EITHER MAIM ANA MOR TUAR r OFFlCEMUPPORT BUILDING OR UTILITYWORAGE BUILDING. & CEMUAR Y Balser & Aaaadatea EiXO,v ring, Inc. iwcr mft* m umpoi wo f"mm Mom N O 0 / m - tn. A k 4 0 Council - Regular Meeting A3 Meeting Date: 10/18/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 18, 2016 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community Principle Statement 3/ We will invest in awell- managed government that provides reliable services and quality amenities for citizens and businesses. Initiative 12 (part): Align future infrastructure expansion with planned and /or complementary capital improvement projects. Subject: Resolution No. 2016 -114 Relating to Public Works; approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from La Cholla Tangerine, LLC for Tangerine Corridor ff angerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. ST021 (Frank Cassidy) Discussion: This is an acquisition for the Tangerine Corridor project. The particulars of this deal are set forth in the acquisition agreement found in the backup materials. Town staff is available to justify and explain the proposed acquisition price and negotiations in an executive session, also scheduled for tonight's agenda in the event the Council requests it. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Amount: $177,000 (approximate) The proposed acquisition amount is $175,000. The closing costs (payable by the Town) are not anticipated to exceed $2,000. Marana Regular Council Meeting 10/18/2016 Page 188 of 201 Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -114, approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from La Cholla Tangerine, LLC for the Tangerine Corridor project. Suggested Motion: I move to adopt Resolution No. 2016 -114, approving and authorizing the Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to execute all other documentation necessary for the purchase of property rights needed from La Cholla Tangerine, LLC for the Tangerine Corridor project. Attachments Resolution No. 2016 -114 Resolution Exhibit A La Cholla Tangerine AGT Marana Regular Council Meeting 10/18/2016 Page 189 of 201 MARANA RESOLUTION NO. 2016-114 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT AND THE TOWN ENGINEER TO EXECUTE ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM LA CHOLLA TANGERINE, LLC FOR TANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO N LA CANADA DRIVE, TOWN OF MARANA PROJECT NO. ST021 WHEREAS the Town of Marana is constructing the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. ST021, (the "Tangerine Road Proj ect "); and WHEREAS the Town of Marana needs to acquire property rights (the "Needed Property ") from La Cholla Tangerine, LLC to construct the improvements needed for the Tangerine Road Project; and WHEREAS Town staff has negotiated an Acquisition Agreement & Administrative Settlement with La Cholla Tangerine, LLC for acquisition of the Needed Property, the terms of which exceed Town staff s general authority for acquisition of property rights needed for the Tangerine Road Project; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Mayor to execute the Acquisition Agreement & Administrative Settlement in substantially the form attached to and incorporated in this resolution as Exhibit A, and authorizing the Town Engineer to execute all other documentation necessary for the purchase of the Needed Property from La Cholla Tangerine, LLC for the Tangerine Road Proj ect. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18 day of October, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049145.DOCX /1 Marana Resolution No. 2016 -114 Marana Regular Council Meeting 10/18/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 10/10/2016 8:52 AM Page 190 of 201 MARANA Z NWIWA06� ZZZ/I\ ENGINEERING DEP RT ENT ACQUISITION &SETTLEMENT AGREEMENT This Agreement is made by and between LA C HOLLA TANGERINE, LLC (the "Owner") an Arizona limited liability company, and the TOWN OF MA RANA ( an Arizona municipal corporation. The Owner and Marana are sometimes collectively referred to as the `Parties," either of which is sometimes individually referred to as a "Party." 1. The Property and Acquisitelon Amount. The Owner owns the property currently identified as Pima County Assessor's Parcel Number 224-08-002B, consisting of approximately 11. 67 acres at the southeast corner of the intersection of Tangerine Road and La Cholla Boulevard, and referred to in this Agreement as the I[ Property. 13 2 . The Project. Marana is the "Lead Agency' for the construction of the Tangerine Corridor Project, Marana Project Number ST021 (the "Project"), a Pima County Regional Transportation Authority project. The Project consists of the widening and reconstruction o f Tangerine Road from Dove Mountain oulevardlTwin Peals Road on the west in the town limits of Marana to La Canada Dr ive on the east in the town limits o f the T own o f Oro Valley). The Property is located in the Town of Oro Valley. The property rights being acquired by Marana pursuant to this Agreement will be acquired in the name of the Town of Oro Valley, 3. The Acquisition. Marana needs to acquire a permanent public drainage easement (the "Take" ) from the Property, The Take is described and depicted in the exhibits to the proposed form of Dedication Deed of Easement attached as "Exhibit A" to this Agreement. In lieu of court proceedings to acquire the Tale by eminent domain, the Owner agrees to sell and Marana agrees to acquire the Tale for the total s of $175,000.00 (the "Acquisition Amount"), subject to the terms and conditions set forth in this Agreement. 4 . Risk of Loss for Damage to Improvements. The Owner shall be responsible for the risk of less for any and all damage to the improvements if any) loc ated o n the T ale prior to close of escrow. 5. Dedication lication Deed of Easement. Upon execution of this Agreement, the owner shall deposit into Escrow a Dedication Geed of Easement in the form attached as "Exhibit K to this Agreement, granting to the Town of Oro Valley title to the Take free and clear of all liens and encumbrances. 6 . No Barrage. The owner shall not salvage or remove any fixtures, improvements, or vegetation, located within the Take. Personal property may be removed prior to close of escrow. 00048 60.DoC /1 912 12016 4 PM Parana Mayor and Coun if Approval- Resolution No. 201 - 022 0 /T /R1 3E TANGERINE R OAD CORRIDOR PROJECT NO. ST021 Parcel No. 224-08-002B Le Cholle Tangerine, LLC Acquisition ettlement Agreement Page 1 of Marana Regular Council Meeting 10/18/2016 Page 191 of 201 7. Escrow and Proratl ns. Marana shall p the Acquisition Amount in full at closing. a The date of closing shall be used for proration of rents, property takes and other similar costs, (b) assessments due for improvement districts shall be paid In full by the Owner prior to closing, and c property takes shall be prorated based upon both the date of closing and the size of the Take. Takes will be prorated based upon the proportion of the Take to the Owner's entire assessed parcel. 8. security Interest. Monies payable under this Agreement may be due holders of notes secured by mortgages or deeds of trusts "Lienholders" , up to and including the total amount of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the Lienholders. The Owner shall obtain from its biernhoiders if any) releases for transfer of the Take. 9. Possession and Closing. Possession of the Tape shall be given to Marana at the date of closing. Closing shall occur on or before the later of a days after the date this Agreement is approved by the Marana Mayor and Council or b days after receipt of all necessary releases or consents from any L.ienholder. 10, E nvi ronimental Rep r s n atilo ns. Neither Party assumes any obligation of the offer Party relating to any potential liability arising from the environmental condition of the Take. Each Party shall remain responsible for its obligations as set forth by law. The owner hereby represents and warrants that, to the best of its knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or Located on the Take or within any surface or subsurface waters thereof; that no underground tanks have been located on the Tale; that the Property is in compliance with all federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Take. 11. Environmental Inspection Rights. hts. The Owner shall permit Marana to conduct such inspections of the Property as Marana deems reasonably necessary to determine the environmental condition of the Tape. If environmental inspections do not specifically identify contamination but indicate a potential for contamination and recommend further testing or inspection, the Parties hereby agree to extend the date of closing to at least 30 days after the report for such additional testing or inspection is completed on behalf of Marana. If any environmental inspection reveals the presence of contamination or the need t o conduct environmental clean -up on the Take, the Owner shell rernedi to all contamination within the Take adequate to bring the Take into compliance with all applicable federal, state or local environmental regulations prior to Closing or Marana may terminate this Agreement. 12. No Leases. The owner warrants that there are no oral or written leases on or affecting all or any portion of the Take. 13. Broker's Commission. No broker or finder has been used and Marana shall owe no brokerage or finders' fee related to this transaction. The Owner is responsible to pay all brokerage or finders' fees to any agent it has ernployed . 14. closing Costs. Marana shall pay expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy. 15. Right of Entry. This Agreement grants Marana, its employees, agents, and consultants, the right to enter the Tape effective as of the date this Agreement is signed on behalf of the Owner. At close of escrow, this right of entry will be replaced by the Take. This right of entry terminates in 10 days if close of escrow has not yet occurred. 000 8960.DOCX /1 9/23J2016 4:00 PM Marano Mayer and Council Approval: Resolution Inc. 2016 -022 03 IT /R1 3E TANGERINE ROAD CORRIDO PROJECT IBC. ST021 Parcel No. 224-08-002B La Chelle Tangerine, L LC Acquisition & Settlement Agreement Page 2 of Marana Regular Council Meeting 10/18/2016 Page 192 of 201 16, No Sale. The Owner shall not sell or encumber the Take prior to close of escrow. 17. Conflict of Interest. This A is subject to A.R.S. § 38-511 which provides for cancellation of contracts b g overnment entities for certain conflicts of interest, 18. Survival of Representation and Warranties. All representations and warranties contained in this A shall survive close of escrow. 19. Entire A This si document shall constitute the entire A amon the Parties. No modification or amendment to this A shall be bindin unless in writin and si b the Parties. The performance of this A constitutes the entire consideration b Marana, includin just compensation for the Take and severance dama to an remainder propert and shall relieve Marana of all further obli or claims relatin to the Propert for the Take. 20. Exhibits. An exhibit attached to this A shall be deemed to be incorporated b reference with the same force and effect as if full set forth in the bod of this A 21. Compromise and Settlement. The Parties acknowled that the Ac Amount was a upon throu compromise and settlement to avoid liti 22. Council Approval. This A is subject to approval b the Town Council of the Town of Marana. IN WITNESS WHEREOF, the Parties have executed this instrument as of the last Part si date below. "MARANA"'. The "OWNER": TOWN OF MARANA, an Arizona municipal LA CHOLLA T GERINE, LLC,-an-Ar;zona - t corporation limited lia l _ Co p� �n B B Ed Honea, Ma Date.- APPROVED AS TO CONTENT,* M Keith Brann, Town En APPROVED AS TO FORM: Marana Town Attorne 00048960.DOCX A 9123/2016 4:00 PM Marana Ma and Council Approval: Resolution No. 2016-022 S 03 M 2S /R1 RO JECT O. ST021 N J TANGERINE ROAD CORRIDOR P Parcel No. 224-OF-002B I La Cholla Tan LLC Ac & Settlement A Pa 3 of 3 B Ursula Gann, Member B Tari AkIran, Member B Rashid A. Khan, Member Marana Re Council Meetin 10/18/2016 Pa 193 of 201 "EXHIBIT A" TO LA CHOLLA TANGERINE SETTLEMENT & ACQUISITION AGREEMENT Pa I of 4 DEDICATION DEED OF EASEMENT ( Draina g e easement LA CHOLLA TANGERINE, LLC ("Grantor"), an Arizona limited liabilit compan for TEN DOLLARS and other valuable consideration, does hereb g rant and dedicate to the TOWN OF ORO VALLEY (" Grantee" , an Arizona municipal corporation, a draina easement over the followin described real propert situated in Pima Count Arizona: SEE LEGAL DESCRU-I'TION AND DEPICTION ATTACHED TO THIS INSTRUMENT AS EXHIBITS A AND B RESPECTWELY AND INCORPORATED HERE BY THIS REFERENCE This draina easement g rants the ri to construct and maintain a draina s upon the described real propert to with the ri to forever enter upon the described real propert at an and all times to repair and clean said draina s providin however, that no unnecessar dama shall be caused b these entries or -repws. SUBJECT TO: Existin covenants,, conditions, restrictions, ri .of wa easements and other matters of record. IN WITNESS WHEREOF, GRANTOR has caused this Dedication Deed of Easement to be si b the undersi dul authorized si this da of 0 1AV,-y-j_C 2016. �f GRANTOR"' LA ANG CHOLLERINE., LL C,, an Arizona limite Zbilitv.,c� �van�v B TF Ti %,110 j i0 v D i q & a rCrdf M e m b e r B 'Ursula Gi �., member B 3 Tarr A. Khan, Member B Rashid A. Khan, Member MARANA.' Keith Brare, Town En APPROVED AS To FORM: Frank Cassid Town Attorne Marana Re Council Meetin 10/18/2016 Pa 194 of 201 "EXHIBIT A" TO LA CH LLA TANGERINE SETTLEMENT & ACQUISITION AGREEMENT Page 2 of STATE OF ARIZONA ss County o P ima The foregoing instrument was ac knowledged before me n ,201 6, by D ietrnar Gann, Mem ber of LA CHO TANGERINE, LLC, an Arizona limited liabil g jj& R L t 0 , W e BRENDA ANN FLAYS Notary Public - Arizona PIMA COUNTY `� e My Commission E x p ires ► D 1, 2019 rotary P S'K'ATE OF ARIZONA SS County o Puna i The foregoing instrument was acknowledged before nee on r 2016., by Ursula Gann, Member of LA CH LLA TANGERINE, LLC, are Arizona limited liability com any, on D BRE NN HAYS Notary Pu blic - Arizona PIMA C I co m Commission Expire: i Notary Public EC MBE 1, 201 STATE OF Al2IZONA SS C ounty of Puna. The foregoing instrument was acknowledged before nee on 2016 by Tariq A . Khan, Member of LA CHO TAN I I E, LLC, an Arizona limited liability c ompany, on behalf of the LLC. OFFICIAL SEAL BRE NDA ANSI HAY Notar Public - A d2on PIMA COUNTY My Commission Expire D 1, 2019 STATE OF A cl f n _n Notary Public SS County of inl k The foregoing instrument was acknowledged before m on , 2 016, by Rashid A. - tan, Member of LA CHOLILATANGERINE, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal OFFICIAL SEAL w BRENDA DA ANN DAYS Notary Public - Arizona P COU � m C ommission Expires DECEMBER 1 201 Marana Regular Council Meeting 10/18/2016 ;h P 4' LL Notary Public Page 195 of 201 "EX A" To LA CH TANGERINE SETTLEMENT & ACQUISITION AGREEMENT Page 3 of August 2, 2015 EXHIB " "A" D RAINAGE EASEMENT EI T PIMA Co TAX PARCEL 224- portion of the property described in Sequence 20123530103, all documents recorded in the P1ma C unty Recorder's Office, P i rn a County, A rizona, located in Lot 4 o f 5e tion 3, Town s h i p 1 South, Range 1 East, Gila and Salt River Meridian, Pima C ounty, Arizona, more particularly described as follows: BEGINNING at the northwest corner of saxd property, upon the south right -of-way of Tangerine Road and east ri htPof� ay of La Ch ofIa BouIevard per Sequence 2012 117 7 3, recorded in the office of the P ima County Recorder, Pima County, Arizona; THENCE upon the crest lire of said property, and said east line of La Cholla Boulevard, South degrees 33 minutes 00 seconds East, a distance of 574.27 feet; THENCE North 96 degrees 42 minutes 51 seconds East, a distance of 144,15 feet; THENCE North 53 degrees 17 minutes 9 seconds West, a distance of 51,24 feet; THENCE North 0 degT 33 minutes 00 seconds West, a distance of 428,49 fee to the north line of said property and th south right of Tangerine Road; THENCE upon said north line and the south right-of-way, South 89 degrees 2 9 minutes 41 seconds West, a distance of 46.50 feet to the POI OF BE As corollary, containing approximately 27,007 square feet. L AI I See Exhibit B attached hereto. , Prepared for the Town of Mara a P OMA � 7 Project No. 7TMA13 .01 TEAG E 0 EXPIRES 9/30/16 DE-16 T: 7TMA . 0 \SU R Y\LE LS -16 224 - - 02 B' -1 — 224 - B_L a l -REV. RTF P t 1 of Marana Regular Council Meeting 10/18/2016 Page 196 of 201 NE "EXHIBIT A" TO LA CH LLA TANGERINE SETTLEMENT & ACQUISITION AGREEMENT 1/4 COR. N 89*29'41 " E P E. 4 d60. SEC SEC 3 7 145 ( 8 9'3 1'21 " E 2494,94 BD I HAND HOLE TANGERINE ROAD N. 1 CR* SEC 3 M D OP LS # per E3I . 7, PG. 83 R.P .) 3-1/4"' AD MKD. `PS MA 11 19862" S3 T1 2 S 813E RLS 18557 2011 , ( 1100' SE. 20121170673) T P ES MT. D* 6228 PC, 640 0 I cn CD c 0 i N � I �I DE 16 i 2 # � 007 .. M S. ET. CL { EXISTING RO I 1 I � Es 1/4 CO R SEC 3 2 " D M KC. "R LS 3 7400 " EXISTING RC f - - F15 ` TOWN F ORO GALLEY WATER ESMT. SE, 20142110369 EP ELEC E ITT, E. 20132760382 224 -08 - 002B LA CLLA T LLC SE. 201 235301 0 3 wpm] LINE BEARING DISTANCE L1 S 00`33'00" E 574,27' L2 N 36'42 # 51 " E 144,15' L3 N 5 W 1.24' L4 00 "' W 28.4 # L5 S 89"29'41 46.5 D' 44 IN SCALE: 1 " =1 00' P S 0 M A S PIMA COUNTY TAX PARCEL 224-08- 333 E. Wetmore Road DRAINAGE EASEMENT Road, 4, SEC. 3, T1 S, R 1 3E S ulie 450, Tucson, AZ 85705 Tel (520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, A 7TMA1 301 DA TE: 7/27/201,5 DRAWN BY, CL Marana Regular Council Meeting 10/18/2016 DE 1 EXHIBIT (@ Page 197 of 201 N O 0 / m - tn. A k 4 0 Council - Regular Meeting A4 Meeting Date: 10/18/2016 To: Mayor and Council From: Erik Montague, Finance Director Date: October 18, 2016 Strategic Plan Focus Area: Progress & Innovation Subject: Resolution No. 2016 -115 Relating to Administration; approving the transfer of up to $35,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016 -2017 budget to the Technology Services capital equipment and software maintenance accounts for expenses related to video streaming of Town Council meetings (Erik Montague) Discussion: Staff presented information on the process and estimated costs of video streaming Town Council meetings at the Council's September 13, 2016 study session. Council directed staff to proceed with the video streaming project. Since this project was not included within the legally adopted fiscal year 2016 -2017 budget, staff is seeking Council authorization to move up to $35,000 in budgeted General Fund contingency funds to the Technology Services capital equipment and software maintenance budgeted line items. This authorization would provide for additional capacity for unanticipated costs associated with the implementation of this project. Financial Impact: Fiscal Year: Budgeted Y/N: Amount: 2017 Y Up to $35,000 If approved, the use of up to $35,000 in contingency will not have a material impact on the General Fund budget. Marana Regular Council Meeting 10/18/2016 Page 198 of 201 Staff Recommendation: Staff recommends approval of the transfer of up to $35,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016 -2017 budget to the Technology Services capital equipment and software maintenance budgeted line items. Suggested Motion: I move to adopt Resolution No. 2016 -115, approving the transfer of up to $35,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2016 -2017 budget to the Technology Services capital equipment and software maintenance budgeted line items. Attachments Resolution No. 2016 -115 Marana Regular Council Meeting 10/18/2016 Page 199 of 201 MARANA RESOLUTION NO. 2016-115 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $35,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM IN THE FISCAL YEAR 2016 -2017 BUDGET TO THE TECHNOLOGY SERVICES CAPITAL EQUIPMENT AND SOFTWARE MAINTENANCE ACCOUNTS FOR EXPENSES RELATED TO VIDEO STREAMING OF TOWN COUNCIL MEETINGS WHEREAS on June 21, 2016, the Town Council adopted the fiscal year 2016 -2017 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the Town Council desires to transfer budgeted expenditure authority in the fiscal year 2016 -2017 budget of up to $35,000 from the General Fund contingency line item to the Technology Services capital equipment and software maintenance accounts for expenses re- lated to video streaming of Town Council meetings; and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $35,000 within fiscal year 2016 -2017 will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authority between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are 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 transfer of up to $35,000 in budgeted expenditure authority from the General Fund's budgeted contingency line item to the Technology Services capital equipment and software maintenance accounts in the fiscal year 2016 -2017 budget for expenses related to video streaming of Town Council meetings is hereby approved. SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Marana Resolution No. 2016 -115 - 1 - Marana Regular Council Meeting 10/18/2016 Page 200 of 201 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of October, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -115 -2- Marana Regular Council Meeting 10/18/2016 Page 201 of 201