HomeMy WebLinkAboutRegular Council Agenda Packet 01/16/2018Marana Regular Council Meeting 01/16/2018 Page 1 of 774 Marana Regular Council Meeting 01/16/2018 Page 2 of 774 Marana Regular Council Meeting 01/16/2018 Page 3 of 774 Marana Regular Council Meeting 01/16/2018 Page 4 of 774 Marana Regular Council Meeting 01/16/2018 Page 5 of 774 Marana Regular Council Meeting 01/16/2018 Page 6 of 774 Marana Regular Council Meeting 01/16/2018 Page 7 of 774 Marana Resolution No. 2018-001 MARANA RESOLUTION NO. 2018-001 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR SAGUARO BLOOM BLOCK 2 LOTS 1-170, AMENITY BUILDING SITE, COMMON AREA A AND COMMON AREA B LOCATED AT APPROXIMATELY THE NORTHWEST CORNER OF TWIN PEAKS ROAD AND SAGUARO HIGHLANDS DRIVE WHEREAS, on April 6, 2004, the Mayor and Town Council adopted Resolution No. 2004-15, approving the final block plat for Saguaro Springs Blocks 1 –10 & A thru D and Lots 1 thru 9 & A and B, Book 58, Page 23; and WHEREAS, on November 15, 2005, the Mayor and Town Council adopted Ordinance No. 2005.14, approving a rezoning to create the Saguaro Springs Specific Plan; and WHEREAS, EPS Group, on behalf of D. R. Horton, Arizona, has applied for approval of a preliminary plat for a 170-lot single-family residential home subdivision within Block 2 of the Saguaro Springs Blocks 1 – 10 & A thru D and Lots 1 thru 9 & A and B block plat located approximately at the northwest corner of Twin Peaks Road and Saguaro Highlands Drive; and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on January 16, 2018, determined that the preliminary plat for Saguaro Bloom Block 2 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 2 Lots 1-170, Amenity Building Site, Common Area A and Common Area B is hereby approved on condition that the geotechnical report be approved prior to the preliminary plat being signed by staff. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 8 of 774 Marana Regular Council Meeting 01/16/2018Page 9 of 774 Marana Regular Council Meeting 01/16/2018Page 10 of 774 Marana Regular Council Meeting 01/16/2018Page 11 of 774 Marana Regular Council Meeting 01/16/2018Page 12 of 774 Marana Regular Council Meeting 01/16/2018Page 13 of 774 Marana Regular Council Meeting 01/16/2018Page 14 of 774 Marana Regular Council Meeting 01/16/2018Page 15 of 774 Marana Regular Council Meeting 01/16/2018Page 16 of 774 Marana Regular Council Meeting 01/16/2018Page 17 of 774 Marana Regular Council Meeting 01/16/2018Page 18 of 774 Marana Regular Council Meeting 01/16/2018Page 19 of 774 Marana Regular Council Meeting 01/16/2018Page 20 of 774 Marana Regular Council Meeting 01/16/2018Page 21 of 774 Marana Regular Council Meeting 01/16/2018Page 22 of 774 Marana Regular Council Meeting 01/16/2018Page 23 of 774 Marana Regular Council Meeting 01/16/2018Page 24 of 774 Marana Regular Council Meeting 01/16/2018Page 25 of 774 Marana Regular Council Meeting 01/16/2018Page 26 of 774 Marana Regular Council Meeting 01/16/2018Page 27 of 774 Marana Regular Council Meeting 01/16/2018Page 28 of 774 Marana Regular Council Meeting 01/16/2018Page 29 of 774 Marana Regular Council Meeting 01/16/2018Page 30 of 774 Marana Regular Council Meeting 01/16/2018Page 31 of 774 Marana Regular Council Meeting 01/16/2018Page 32 of 774 Marana Regular Council Meeting 01/16/2018Page 33 of 774 Marana Regular Council Meeting 01/16/2018Page 34 of 774 Marana Regular Council Meeting 01/16/2018Page 35 of 774 Marana Regular Council Meeting 01/16/2018Page 36 of 774 Marana Regular Council Meeting 01/16/2018Page 37 of 774 Marana Regular Council Meeting 01/16/2018Page 38 of 774 Marana Regular Council Meeting 01/16/2018Page 39 of 774 Marana Regular Council Meeting 01/16/2018Page 40 of 774 Marana Regular Council Meeting 01/16/2018Page 41 of 774 Marana Regular Council Meeting 01/16/2018Page 42 of 774 Marana Regular Council Meeting 01/16/2018Page 43 of 774 Marana Regular Council Meeting 01/16/2018Page 44 of 774 Marana Regular Council Meeting 01/16/2018Page 45 of 774 Marana Regular Council Meeting 01/16/2018 Page 46 of 774 Marana Regular Council Meeting 01/16/2018 Page 47 of 774 Marana Regular Council Meeting 01/16/2018 Page 48 of 774 Marana Regular Council Meeting 01/16/2018 Page 49 of 774 Marana Resolution No. 2018-002 1/3/2018 3:30 PM BDV MARANA RESOLUTION NO. 2018-002 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR FIANCHETTO FARMS, A RE-PLAT OF LOTS 83 AND 84 AND COMMON AREA “C” LOCATED NORTH OF MOORE ROAD AND EAST OF SANDERS ROAD WHEREAS, on January 17, 2006, the Marana Town Council adopted Resolution No. 2006-10, approving a final plat for Fianchetto Farms, Lots 1 thru 114 and Common Areas “A,” “B,” and “C,”; generally located north of Moore Road and east of Sanders Road within a portion of Section 28, Township 11 South and Range 11 East; and WHEREAS American Pacific Engineering, LLC, on behalf of Fianchetto Farms, LLC, has applied for approval of the Final Plat for Fianchetto Farms, a Re-plat of Lots 83 and 84 and Common Area “C”; and WHEREAS the Marana Town Council, at the regularly scheduled meeting on January 16, 2018, determined that the Final Plat for Fianchetto Farms, a Re-plat of Lots 83 and 84 and Common Area “C” should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat for Fianchetto Farms, a Re-plat of Lots 83 and 84 and Common Area “C” is hereby by approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 50 of 774 Marana Regular Council Meeting 01/16/2018Page 51 of 774 Marana Regular Council Meeting 01/16/2018Page 52 of 774 Marana Regular Council Meeting 01/16/2018Page 53 of 774 Marana Regular Council Meeting 01/16/2018Page 54 of 774 Marana Regular Council Meeting 01/16/2018 Page 55 of 774 Marana Regular Council Meeting 01/16/2018 Page 56 of 774 Marana Regular Council Meeting 01/16/2018 Page 57 of 774 Marana Resolution No. 2018-003 MARANA RESOLUTION NO. 2018-003 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OFKENNETH BOWMAN, MICHAEL AARON, MARIA DAVILA, ALFRED MCDONALD, AND RONALD NEWMAN AS MAGISTRATES PRO TEMPORE FOR THE MARANA MUNICIPAL COURT. WHEREAS Section 5-2-1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate’s ab- sence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honora- ble Laine Sklar, has determined that it is necessary to appoint qualified individuals to serve as magis- trates pro tempore on an as-needed basis in the Marana Municipal Court; and WHEREAS on September 20, 2016, via Resolution No. 2016-096, the Town Council reap- pointed Kenneth Bowman as magistrate pro tempore with a term expiring on September 30, 2017; and WHEREAS on October 4, 2016, via Resolution No. 2016-099, the Town Council appointed Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newman as magistrates pro tempore with terms expiring on September 30, 2017; and WHEREAS the Town Magistrate recommends that the Town Council reappoint Kenneth Bowman, Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newman to continue their service as magistrates pro tempore on an as-needed basis; and WHEREASthe Town Council finds that theseindividualsmeet the qualifications imposed by Arizona law and possesses the requisite skill and character to perform as a magistrate pro tempore. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Kenneth Bowman, Michael Aaron, Maria Davila, Alfred McDonald, and Ronald Newmanarehereby reappointed to continue theirservice as magistratespro tempore for the Marana Municipal Court on an as-needed basis, effective October 1, 2017through September 30, 2019. Marana Regular Council Meeting 01/16/2018 Page 58 of 774 Marana Resolution No. 2018-003 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 59 of 774 Marana Regular Council Meeting 01/16/2018 Page 60 of 774 December 19, 2017 Regular Council Meeting Minutes 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 19, 2017, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. Vice Mayor Post and Council Members McGorray and Ziegler were excused; there was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE, Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Council Member Kai. Passed 4-0. CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford wished everyone a Merry Christmas. Mayor Honea stated that he would report on the Gastronomy Tour at the next meeting. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Mehta reported that the state’s preliminary population estimates for purposes of state shared revenues came in at 45,378, about 12-13 percent of the county-wide growth. The federal population projections should follow shortly. Marana Regular Council Meeting 01/16/2018 Page 61 of 774 December 19, 2017 Regular Council Meeting Minutes 2 PRESENTATIONS P1 Relating to Budget; presentation of independent auditor's report and final results of the Town's General Fund and certain other funds for the 2016-2017 fiscal year (Erik Montague). Mr. Montague began by noting that in October the preliminary year-end results of the general fund and other selected funds were presented to Council. Tonight’s presentation is to go over the final numbers and transmit the town’s annual comprehensive financial report, the annual expenditure limitation report, and the single audit report. All of those items were attached in the Council packet. The auditors are Henry + Horne, selected through the public procurement process. This is the fourth year of a five-year contract with them. The result of the audit was to issue an unmodified qualified opinion. No issues or disputes arose as a result of the audit. There was one adjustment identified by town staff. The town’s voter-approved alternative expenditure limitation for 2017 was $170.1M. Actual expenditures were $97.5M. In the single audit report, federal expenditures were listed at $995K, and the Schedule of Expenditures of Federal Awards (SEFA) was issued for 2017. The Independent Auditor report was compliant in all material respects. There were no questions or concerns regarding costs. Regarding the final results for the general fund, the most important is probably the changes in fund balance. The year ended at just over $2M, a slight improvement over the number Mr. Montague presented in October. This means we will be adding back to reserves by the end of the year at just over $25M. This number is an overall health indicator. Some of these funds will be deployed in future years for public improvements or other major projects. The Highway User Revenue Funds (HURF) are very important for our community. This audit year was the final year we had personnel included. In the current fiscal year, all personnel was moved out of that fund. We anticipated using some of the HURF funds for projects that did happen. We started the year at about $1.8M, and we will end the year at about $1.4M. We expected about a $500K dip into fund balance due to some minor adjustments, and it ended up a little less than that. The bed tax fund accounts for the discriminatory portion of hotel taxes. There was no change. At the end of the year we added back about $300K to fund balance, so we are pushing close to $1M in the bed tax fund. These monies are used for tourism and various programs associated with tourism. With respect to the ½ cent sales tax, these numbers did not change significantly from October. We budgeted for a significant dip in fund balance based on possible activity. But due to the actual timing of the expenditures for that project, we didn’t spend as much as we anticipated. That money was added back to reserves or fund balance, and at the end of the year we are just north of $8M. We are committed to try to cash fund the public safety facility, and we anticipated about 4 ½ years of tax collections. We are lagging within about a month. As of last month, we are within 2 ½ percent of what we estimated to collect. Around November, we are anticipating for FY 2018-19 to rescind the tax and because we will have collected our $18M. The transportation fund accounts for 75 percent of our construction sales tax. We had anticipated dipping into reserves or fund balance, but we did not and actually added some back to bring us just north of $13.8M. A significant portion of those dollars will be used for the Tangerine Road project. This is a very important source of revenue for the town. Marana Regular Council Meeting 01/16/2018 Page 62 of 774 December 19, 2017 Regular Council Meeting Minutes 3 For the enterprise funds – water, wastewater and the airport – each of them show operating losses and are primarily attributable to the non-cash use of depreciation. As the assets are acquired, they are not expensed in the year of acquisition, but rather over their useful life. Council Member Bowen noted that with respect to the enterprise funds’ operating losses/ depreciation expenses, they are not reflective of any actual cash going out, but they do reflect real costs to the town, so do we bank money in order to replace these assets as their useful life ends?Mr. Montague responded that we don’t have a fully dedicated replacement program for major assets – assets that are subject to actual depreciation, but major assets are identified as part of the multi-year capital improvement project (CIP) process. For instance, aging equipment such as a portion of a water system would be part of a future CIP project, and since it would be replacing part of an existing facility, it would be paid from future rates as part of a rate plan. Anything that is growth-related would be new or expansion of an existing facility, and we have traditionally relied upon impact fees and development-related fees for that. CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Council Member Kai. Passed 4-0. C1 Ordinance No. 2017.028: Relating to Development; extending the time for submitting waivers under Marana Ordinance No. 2017.023, which adopted amendments to The Villages of Tortolita Specific Plan and authorized the Mayor to sign The Villages of Tortolita Development Agreement; and establishing an effective date (Frank Cassidy) C2 Resolution No. 2017-110: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of the Patel driveway apron as part of the Cracker Barrel Roadway Restoration Project (Frank Cassidy) C3 Resolution No. 2017-111: Relating to development; approving a release of assurances for Saguaro Bloom Block 3 and accepting public improvements for maintenance. C4 Resolution No. 2017-112: Relating to Real Estate; approving and authorizing the Mayor to sign the Purchase Agreement with Metropolitan Domestic Water Improvement District for the sale of certain Town property rights in the vicinity of the Marana Regional Airport (Frank Cassidy) C5 Resolution No. 2017-113: Relating to the Police Department; approving and authorizing the Interim Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving funds under the 2017 Operation Stonegarden Grant Program (Lisa Shafer) C6 Approval of December 5, 2017 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Acquisition of Control Series #7 Beer and Wine Bar liquor license application submitted by Stephen A. Miklosi on behalf of Breakers 95, located at 8555 Marana Regular Council Meeting 01/16/2018 Page 63 of 774 December 19, 2017 Regular Council Meeting Minutes 4 W. Tangerine Road, Marana, Arizona 85653 (Jocelyn C. Bronson). Presented by Ms. Bronson, who noted that the application had been properly reviewed and posted. No protests were received. Staff recommends approval. Motion to approve by Council Member Kai, second by Council Member Bowen. Passed 4-0. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 Ordinance No. 2017.029: Relating to Development; adopting development impact fees for street facilities, parks and recreation facilities, water facilities, and wastewater facilities; accepting and approving the technical reports identifying benefit areas and facilities needs; modifying the definitions of “General office land use category” and “Medical facilities land use category” in Marana Town Code Section 17-17-3; and providing an effective date (Keith Brann). Mr. Brann presented this item and noted that it is the final step in the impact fee adoption. He gave a brief recap of the process beginning with the land use assumptions and infrastructure improvement plans which were adopted by Council on September 19, 2017. The major stakeholders in the region have attended meetings on both July 14 and October 24. Mr. Kmiec also gave a tour of the wastewater treatment plant to SAHBA personnel. The public hearing was conducted on November 7. The comments received to date revolved around the land use assumptions. There has only been one significant change in the report since it was posted, and that was a change in the definitions – mainly in the street categories. That was to take the urgent care and clinic categories and make them more akin to doctor’s offices than they are to full- blown hospitals. The findings from trip generation to these facilities don’t rise to the level of hospitals. We are further defining what really are hospitals. Accompanying this, Mr. Cassidy is also modifying the language in the town ordinance that deals with impact fees. Mr. Brann further noted that the numbers haven’t changed since the public hearing. If approved tonight, final implementation of the fees will become effective on Monday, March 5, 2018 following a 75-day period. Some fees are going up, some fees will be re-implemented. For fees that are being reduced, they are being set at the 30-day period, which is the normal or standard referendum period for a new fee or ordinance. The 75-day period has a moratorium that is built into state law. Essentially, it builds some certainty into the development community such that if they start or build a subdivision, they can depend on the fees being in place at least two years from when they start. In the case of a subdivision, it is two years from the date the first building permit is issued. Anyone who has a first building permit issued before March 5, 2018 will have whatever the fees are today for two years. The date of commercial goes from the date of approval of the development plan. Mr. Cassidy then went over the finer points of the ordinance. The adopting ordinance that staff is asking Council to approve is a little different from the one that was in the packet. As written in the packet, all of the fees went into effect on March 5, 2018. Upon further discussion internally, staff felt that it was appropriate for all of the fees that are going down to go into effect on the effective date of the ordinance, which would be January 19, 2018. The fees that are going down are the Northeast Street Facilities Impact Fee, the sewer fee and the water fee associated with Saguaro Bloom, and there are a couple of others. All the other fees would become effective on Marana Regular Council Meeting 01/16/2018 Page 64 of 774 December 19, 2017 Regular Council Meeting Minutes 5 March 5, 2018. The ordinance, if approved and signed by the Mayor tonight, will become effective January 19, 2018. Motion to approve by Council Member Bowen, second by Council Member Comerford. Passed 4-0. A2 Resolution No. 2017-114: Relating to Real Estate; approving and authorizing the Mayor to execute a farming right-of-way license for Gladden Farms II subdivision (except Block 29); and authorizing the Interim Town Manager to execute similar farming right-of-way licenses (Frank Cassidy). Mr. Cassidy noted that farming right-of-way licenses have been done for some time. Staff wanted to create a new form because we now have a sewer line in one of the major rights-of- way, and the concern was how far to stay away from the sewer line, and if we do that, shouldn’t we recognize that this is actually a mutual benefit and not charge $1,000 for a license. As we used to do it, we just entered into the license with the farmer, and that doesn’t make any sense because you can’t just farm the right-of-way. You can only be farming the right-of-way if you’re farming the adjacent property. It’s a right that goes with the adjacent property, and if that adjacent property owner decides to lease their property to somebody else for farming, the new farmer ought to get the benefit of the right-of-way license without having to come back to the town and pay another $1,000 and enter into a new farming license. So, the way we are going to do it now is that the license will basically run with the land for as long as the farming is occurring on the land. There are some basic rules that when there’s a sewer line, you have to stay 35 feet away from either the bottom of the access road or 45 feet from the sewer line itself. In the model ordinance Mr. Cassidy provided, staff wanted Council to see the Gladden Farm license as a template, and if Council is okay with it, staff would ask Council to authorize the town manager to just sign these as long as they are in the same form, and as long as the town engineer and the town attorney say that they are substantively the same. One change that Mr. Cassidy is asking Council to remove the word “interim” before town manager, so that the resolution authorizes the town manager to execute similar farming right-of-way licenses. Somewhere it got changed so that it says the interim town manager. This is intended to be a permanent resolution authorizing anybody in that spot, which means the interim town manager, and eventually the town manager to execute the licenses. We ultimately think this is better for the town to have farming happening in a right-of-way in a recorded subdivision rather than to try to keep farmers out and have to deal with the weeds. Motion to approve with the change as recommended by Mr. Cassidy by Council Member Bowen, second by Council Member Kai. Passed 4-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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 (Jamsheed Mehta). Mr. Mehta noted that the next session of the state legislature begins next month, and the items of interest to the town would be the Community Facilities Districts and what clean-up occurs with it, construction sales tax – we have been trying to defend our position for a few years, and we hope to continue with Marana Regular Council Meeting 01/16/2018 Page 65 of 774 December 19, 2017 Regular Council Meeting Minutes 6 that -- and a new item, which will be taxing of online goods. Staff will keep Council posted as to who is proposing the legislation. EXECUTIVE SESSIONS. Motion to go into executive session on item E2 by Council Member Kai, second by Council Member Bowen at 7:24 p.m. Passed 4-0. Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive session pursuant to A.R.S. § 38-431.03(A)(3) & (7) for legal advice with the Town’s attorneys regarding the Adonis Mobile Home Park wastewater conveyance system and ponds and to instruct the Town’s representatives about negotiations for possible acquisition thereof. Council returned to the dais at 7:49 p.m. Mr. Cassidy asked for authorization to move forward with getting an independent fee appraisal on the Adonis Mobile Home Park wastewater conveyance system property. Motion to approve authorization by Council Member Bowen, second by Council Member Kai. Passed 4-0. 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. Mayor Honea wished everyone a Merry Christmas and adjourned the meeting at 7:50 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 19, 2017. I further certify that a quorum was present. _______________________________________ Jocelyn C. Bronson, Town Clerk Marana Regular Council Meeting 01/16/2018 Page 66 of 774 January 9, 2018 Study Session Minutes 1 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 9, 2018, at or after 6:00 PM STUDY SESSION 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 CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Bronson called roll. Council Members Comerford, McGorray and Ziegler were excused. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Council Member Kai. Passed 4-0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Traffic and Highways; consideration, discussion and direction regarding landscape architecture for the Marana Main Street/Sandario Road roundabout (Heath Vescovi-Chiordi). Marana Regular Council Meeting 01/16/2018 Page 67 of 774 January 9, 2018 Study Session Minutes 2 Presented by Jamsheed Mehta, who noted that this is part of the realignment project of Marana Road and is actually the first phase of several major transportation-related improvements in northern Marana. The roundabout is more of an afterthought as we initially focused on the engineering aspect of creating a good circulation system for north Marana. This would be the centerpiece or the gateway to a future downtown in Marana, and we need to do something that is memorable and can also be the catalyst for designs that will follow. The Planning Center was engaged for a design. Tonight’s presentation is intended to give Council the opportunity to weigh in on the various concepts. The idea isn’t necessarily to pick one and have consensus; it’s rather to bring forth major considerations. There are four or five major themes for consideration before getting to the final design. Tim Johnson from the Planning Center presented. He gave some background on the project and how the Planning Center and staff conducted a charrette about the things that are important to this project. The site was built up in a three-dimensional element. One of the first steps was to look at architectural precedents in the area such as the municipal complex and the Marana Health Center in terms of scale and materials. Planning and entitlement documents and guidelines were also reviewed. One of the main objectives was to create a balance of diversity of the concepts – heritage, culture and tradition as well as more contemporary elements that reflect what is going to be a future urban environment. Options for structures and public art are incorporated for scale and location purposes. The space available for design of the centerpiece is 90 feet. Daniel Bradshaw, senior designer for the project, gave a broad overview of the six concepts, noting that they were given direction to show diverse array of ideas. There are three contemporary or unique concepts and three variations on those concepts. Concept A1 is contemporary using emerging materials and motifs and symbolism. Concept A2 is similar but showcasing a more traditional aesthetic using rustic materials. Concept B1 is contemporary using emerging materials and a more progressive expression rather than a heritage expression. Concept B2 again brings in the rustic/vernacular materials and heritage motifs and symbolism. Concept C1 and C2 are traditional with western and Spanish colonial revival styles. A1 – is a Celebration of Time and Place to commemorate the heritage but embrace the future through a contemporary aesthetic. Concept A2 – Marana Roots, features the same formal symmetrical forms but everything is more traditional with a western or southwestern territorial style. The banner structures are more vertical in form than on Concept A1. Concept B1 is Synergy Through Shared Values with five walls illustrating the five focus areas of the town’s Strategic Plan. This is a contemporary concept, showcasing metals and polycarbonates. Concept B2 is a Solid Foundation for Success. Rather than tapered walls, the walls are stepped and bisected by tile representative of water spilling from the center of the monument. As opposed to showcasing public art, a banner structure is featured. Concept C1 - a Gateway to Downtown, is a different approach. Rather than low walls, the concept features a structure – a symbolic Marana Regular Council Meeting 01/16/2018 Page 68 of 774 January 9, 2018 Study Session Minutes 3 representation welcoming people into Marana. The dome atop the structure could be bronze or copper. Instead of a dome, the roof could be tile or no roof at all. It takes up about 400 square feet of space. Concept C2 is similar to C1 but features a more elegant structure. Mayor Honea asked about the apron around the roundabout. His concern is about safety and creating an attractive nuisance. Council Member Bowen asked if the last structure/monument is intended to be gathering place and might produce a lot of pedestrian traffic. Mr. Bradshaw noted that the space is about 20 feet. Landscape materials could help impede or discourage access.Council Member Bowen likes A2 or something with a structure in the middle. Mayor Honea is looking for something to keep people out of the middle of the roundabout and likes A2. Vice Mayor Post and Council Member Kai both like concept A2. Mayor Honea asked if water was stubbed out.Mr. Bradshaw noted that there is water and electricity. Mr. Mehta stated that the cost is a factor and the funds we are tapping into for this project come from the previously approved downtown reinvestment fund. Phasing this design could better accommodate a more extravagant plan. Council Member Bowen would like to see a range of financing/cost options. D2 Relating to development; Discussion and direction concerning the draft downtown and mixed-use zoning district provisions and update on the Land Development Code comprehensive revision (Frank Cassidy). Mr. Mehta noted that staff is bringing forth the first of several chapters of the revised land development code. While doing that, we have to opportunity to focus on the downtown area. Mr. Cassidy and the consultants, PlaceMakers, are focusing on the downtown mixed use and blended use. If there is interest to develop from property owners, we would like them to have the benefit of knowing what is coming. Mr. Cassidy presented and introduced Susan Henderson and Hazel Borys from PlaceMakers. He gave some details going back to the kick-off process for the land development code re-write of about a year ago. Staff wanted to create a walkable downtown by creating a mixed use district by looking at the form of the buildings – having them front-loaded onto Marana Main Street with parking lots behind the buildings - rather than the uses. During the kick-off charrette, staff also talked about having a mixed use opportunity for other parts of town, and that is where the blended use district comes in. We would be creating this zone name in name only – not placing it on the ground. The blended use zone would be available for a rezoning for anyone with 40 acres or more. For the downtown staff would like Council to adopt that kind of flexible zoning right up front. The underlying zoning stays in place, but we are calling it an overlay zone, the downtown overlay. Once this goes through the public hearing process, we are asking Council to place this overlay on this geographic area. Once the overlay is in place, the property owners would have the flexibility of automatically Marana Regular Council Meeting 01/16/2018 Page 69 of 774 January 9, 2018 Study Session Minutes 4 using these mixed use zones we will be talking about. The mixed use zones that would apply in this area we call the downtown zone itself which is more commercially oriented. There is also a downtown neighborhood zone which is still a mixed use zone up to three rather than four stories. You can choose where you put the downtown neighborhood and the downtown zone, with a couple of caveats. If you are right along Marana Main Street, that would be the downtown zone commercial zone. If you are immediately backing up to residential, the rule is for within 100 feet, the downtown neighborhood zoning applies. We don’t want existing residential backing up to heavy duty commercial. The 40-acre use only applies to the blended use area. After adoption, for a property owner to take advantage of these downtown zones, it would be an administrative process, and they wouldn’t come back to Council. We have provided Council, the Commission, and the property owners with a copy of this proposal. Either or both options could be used given this flexibility. If they choose the downtown overlay option, it is going to be a form-based zoning where the buildings will be front- loaded to the roads. The 40-acre element only applies to the blended use zone. In the downtown area, this zoning can mostly be brought forward on a parcel by parcel basis, and it doesn’t require 40 acres. But if someone builds a front-loaded project on Marana Main Street, and their next-door neighbor decides to do a traditional restaurant with parking in front, it could look a little funky. But we are hoping that in addition to creating these more flexible zoning elements to also come forward at some point in the future with some possible financial incentives to coax people to use more of the town’s vision – to perhaps use some of those downtown reinvestment funds to assist with the cost of some parking. If we were to do that, we would probably require adjacent properties to come forward at the same time so that you don’t get the hop scotch effect. But for now, all we are trying to do is set up the zoning piece. Mayor Honea would like to see the visitor center in that area. Council believes it will work. Staff will take it to a Planning Commission public hearing at the end of this month and bring it back to Council in late February or early March. D3 Relating to Administration; presentation, discussion and direction regarding the framework for development of the fiscal year 2018-2019 budget and its role in the implementation of the Strategic Plan (Jamsheed Mehta and Erik Montague). This is the beginning of the comprehensive budgeting process which continues to be an evolution.Mr. Mehta gave an overview of the presentation items. The final point will be for Council to direct staff as to what they want. He identified the accomplishments in the previous and existing strategic plan that will be completed by the end of this fiscal cycle. Those included the town’s portion of the Tangerine Road Corridor project, the Marana Road realignment and roundabout, building the Tangerine Sky Community Park, the Honea Heights Pocket Park and the Splash Pad at Crossroad Park. Also underway or completed are the Tangerine public art (deer) unveiling, the Council adoption of Strategic Plan IV, adoption of the Economic Development strategic plan and the rewrite of the Land Development Code. Marana Regular Council Meeting 01/16/2018 Page 70 of 774 January 9, 2018 Study Session Minutes 5 Mr. Montague presented on the budget outlook which is based on preliminary revenue estimates as submitted by the departments. He outlined the key assumptions, i.e. continued growth in the regional economy and improvement of key state revenues, a modest improvement in sales tax revenues, population growth, license, permits and fees for 650 new homes and some commercial activity and a slight increase in the inflation rate of about 2.2 percent. Staff anticipates a modest increase in sales taxes. For the state shared revenues to grow, that will depend on population growth. After the general fund balances presentation by Mr. Montague, who noted that for fiscal year 2018, the estimated fund balance will be about $21.9M, Mr. Mehta continued with preparations for fiscal year 2019, noting that the state of the town’s economy is reasonably good, and we have met the targets that were identified, giving credit to Council’s leadership and the fact that department heads and their staff have done their best to ensure that we have completed projects that we said were needed as part of the larger comprehensive plans. We identified community needs, Council strategic initiatives, and other key opportunities. This is another opportunity for Council to suggest to staff what you may have heard from your constituents or what you may have been thinking of over the last several months for new initiatives. As an example, a year or so ago, we identified on neighborhoods such as the Colonias. Efforts did go forward, and we are looking at the Adonis neighborhood and Honea Heights. We also looked at future annexations. Given that we have talked so much about downtown this evening, maybe during this next fiscal cycle, we put additional focus on downtown areas to see what we can do next to assist in using the Land Development Code as a tool to lure business to this area to be the catalyst or agent for growth in north Marana. Perhaps those are things that resonate with Council as well. Council Member Bowen stated that focusing on the downtown area is an excellent initiative to provide incentives for people to build, and that should be a specific focus going forward. He has been concerned for some time about our roads and the ability to maintain them to be the ability we have come to be known for. Roads that fall under the responsibility of the general fund will be very expensive. He doesn’t want to get to a point where we can’t keep up with our preservation schedule. He would like some effort devoted to look at sources of funding and begin now to plan on how to keep things going. The three main things about this town that people always look at are our roads, our public safety and our parks. Those have to be done right. Mayor Honea raised the topic of a visitor’s center and a new building in the downtown area at the entrance to our downtown. When people come into our community, we need to show them something that presents the face of the community we are building. He would like to build a new center, owned by the town but perhaps leased to the Chamber of Commerce. Perhaps we can free up some revenue in the next fiscal year to begin that project.Vice Mayor Post said that he would be interested in taking another look at that. Council Member Kai stated that in light of the new home starts we are projecting, infrastructure will be essential to make that number keep growing. He has heard that there are some bottlenecks on the pipes going to the sewer system. He would like to Marana Regular Council Meeting 01/16/2018 Page 71 of 774 January 9, 2018 Study Session Minutes 6 spend more time getting those bottlenecks cleaned up. If we don’t we won’t have the builders coming.Mayor Honea also stated that north Marana is the new explosion area with lots of opportunity, and drainage is still a very important issue. He knows that we are doing studies right now. Mr. Mehta stated that he has taken notes on the Council preferences. Some fall into the category of doing studies or analyses to identify where we stand. He noted that the staff is aware of the bottlenecks referenced by Council Member Kai, and those are being addressed in the impact fee schedule. Beyond that we need to identify sewer capacity and our conveyance system that will take us into the next 15 years. Regarding roads, as it stands now based on previous analyses, and our six-year pavement management cycle, the hope is that every road will be touched at least once in those six years and more frequently in some cases. There is another point that we do need to consider which is that will require another quick study is do we have the funds to keep on at that pace? Several neighborhood communities that were built 15-20 years ago will all come due for major reinvestment at approximately the same short timeframe. Our financing cycle is predicated on equal distribution of those revenues, so it does require us to come back and identify the gaps. In the meantime, we do have additional funds beyond our Highway User Revenue Fund (HURF) which is the primary source for most of our pavement preservation projects, and the additional source is the county-wide regional local roads project in which we are the recipients of about $1.1M for this current fiscal year and hopefully about the same for the next few years. It will definitely help enhance our pavement program, but we will get back to you on the additional needs as older roads come to their end of life. Mayor Honea asked how much money we use from the tipping fees from the landfill for transportation. Mr. Montague responded that we collect between $300K and $350K annually. Half of that is being dedicated or allocated to the transportation fund for the next phase of the Avra Valley Road project. The other half has been allocated within the individual Public Works Department and has traditionally been used or assist with or defray costs associated with things like the neighborhood reinvestment program or other infrastructure costs that are not eligible through HURF. Mr. Mehta noted that staff has a list of Council recommendations put forth this evening– maintenance of roads, a good public safety department, and parks and recreation as well as infrastructure to keep building coming, a new visitor’s center – a portion of which could be leased to the Chamber. Mr. Montague concluded with the Marana budget process and key dates. We will continue to work with citizens through the Community Development Spring Outreach to various neighborhood groups to provide updates for input into the budget process as we have done in years past. Key dates include February 2 for departments to provide their requests. We will use that information along with revised revenue numbers to frame the budget meetings and hearings between the manager’s office and individual departments. We will have a comprehensive fee schedule process again as an annual refresher. We are anticipating few adjustments this year. By the middle of April we will be bringing the manager’s Marana Regular Council Meeting 01/16/2018 Page 72 of 774 January 9, 2018 Study Session Minutes 7 recommended operating budget. By the middle of May we will be bringing the tentative budget to Council for adoption of our tentative expenditure limit, and on June 19 we will be asking Council for adoption of the final budget. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn at 7:39 p.m. by Vice Mayor Post, second by Council Member Kai. Passed unanimously 4-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session/presentation of the Marana Town Council held on January 9, 2018. I further certify that a quorum was present. ____________________________________ Jocelyn C. Bronson Town Clerk Marana Regular Council Meeting 01/16/2018 Page 73 of 774 Marana Regular Council Meeting 01/16/2018 Page 74 of 774 Marana Regular Council Meeting 01/16/2018 Page 75 of 774 Marana Regular Council Meeting 01/16/2018 Page 76 of 774 Marana Regular Council Meeting 01/16/2018 Page 77 of 774 Marana Regular Council Meeting 01/16/2018 Page 78 of 774 Marana Regular Council Meeting 01/16/2018 Page 79 of 774 Marana Regular Council Meeting 01/16/2018 Page 80 of 774 Marana Regular Council Meeting 01/16/2018 Page 81 of 774 Marana Regular Council Meeting 01/16/2018 Page 82 of 774 Marana Regular Council Meeting 01/16/2018 Page 83 of 774 Marana Regular Council Meeting 01/16/2018 Page 84 of 774 00055552.DOCX /1 Marana Ordinance No. 2018.001 - 1 -1/10/2018 2:07 PM MARANA ORDINANCE NO. 2018.001 RELATING TO DEVELOPMENT; APPROVING AN AMENDMENT TO THE SAGUARO SPRINGS SPECIFIC PLAN INCLUDING REMOVING THE AGE RESTRICTION REQUIREMENT IN BLOCKS 1A AND 1B, REPLACING THE COMMUNITY CENTER IN BLOCK 1A WITH ENHANCED RECREATIONAL FACILITIES AND A NAME CHANGE OF THE PLAN TO SAGUARO BLOOM SPECIFIC PLAN WHEREAS D.R. Horton, Inc. (the “Property Owner”) owns approximately 90.95 acres of land located in the west half of Section 18, Township 12 South, Range 12 East, Gila & Salt River Meridian, and more particularly described in Exhibit “A” attached to and incorporated in this ordinance by this reference (the “Rezoning Area”); and WHEREAS the Property Owner has authorized The Planning Center to submit an application for rezoning (“this Rezoning”) to amend the Saguaro Springs Specific Plan by removing the age restriction requirement in Blocks 1A and 1B, replacing the community center in Block 1A with enhanced recreational facilities, and by changing the name of the plan to the Saguaro Bloom Specific Plan; and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on December 20, 2017 and voted seven in favor and none opposed to recommend that the Town Council approve this Rezoning, subject to the recommended conditions; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on January 16, 2018 and determined that this Rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section l.The Saguaro Springs Specific Plan is hereby amended and renamed the “Saguaro Bloom Specific Plan,” whose terms and provisions are set forth in an approximately 176-page document which is hereby adopted and establishes the zoning regulations applicable to the Saguaro Bloom development project, including the Rezoning Area. Section 2. This Amendment is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this Rezoning), and which Marana Regular Council Meeting 01/16/2018 Page 85 of 774 00055552.DOCX /1 Marana Ordinance No. 2018.001 - 2 -1/10/2018 2:07 PM shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term “Property Owner” in the following conditions): 1. Twenty-two lots near Lambert Lane, as depicted on Exhibit “B” will be restricted to single-story homes. 2. The Specific Plan Land Use Plan Summary Table (Page III-6) will be updated to reflect the proposed target dwelling units and density for blocks 1A and 1B. 3. A landscape buffer will be installed on the north side of the neighborhood trail on Lambert Lane, as depicted on Exhibit “B”, subject to the approval of Pima County Department of Transportation for any portion located outside town limits. 4. A neighborhood trail will be installed in Block 1, as depicted on Exhibit “B”. 5. Within 60 days after the adoption of this ordinance, the Property Owner shall provide the Planning Department with seven bound copies, three electronic CD copies in PDF format which will also include graphics of the conceptual land us plan in JPEG or other suitable format of the Saguaro Bloom Specific Plan. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4.If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 86 of 774 &YIJCJU" Marana Regular Council Meeting 01/16/2018 Page 87 of 774 Marana Regular Council Meeting 01/16/2018 Page 88 of 774 Marana Regular Council Meeting 01/16/2018 Page 89 of 774 TWIN PEAKS RD AVRA VALLEY RD AIRLINE RDLAMBERT LN Data Disclaimer: The Town of Marana provides this map information "As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. Saguaro Springs Specific Plan Amendment ° A request to amend the Saguaro Springs Specific Plan to remove the age restriction requirement in Blocks 1A and 1B, and to replace the Community Center requirement in Block 1A with enhanced recreational facilities. Block 1 of the Saguaro Springs Specific Plan is generally located at the southeast corner of Airline Road and Lambert Lane. PCZ1711-002 Subject Property Block 3 Block 4 Block 8A Block 8B Marana Regular Council Meeting 01/16/2018 Page 90 of 774 1 3 8A 8B 4 128 UNITS 269 UNITS 141 UNITS 208 UNITS2 5 6 170 UNITS 389 UNITS Block Block Block Block Block Block Block Block Block 7 9 Block 10 Block (ZONED R-6) (ZONED R-6) (ZONED R-6, R-36, AND C) Park School Subject Property S AGUAROBREEZ ESALIXHAVENWO ODM ELANDRA N S A G U A R O H I G H L A N D S D R HIDD E N S A G U A R O HEBDENONYXMOONCADWELL S A GU A R OB L OOMFULBROOKPORTLANDMAYBROOK TURQUOISE MOONW LAMBERT LN F A I R F O R D A L V E R TON IRON G AT E BRIGMOROPAL MOONMALANGA RILLITO CUTOFFSAFFORD SAFFORD MAYBROOKWASSONJACKSON FLATSFERNDALE GRAY LI N G EPW O RTH MOO N S P RI N G ATLO WSPOKANENSAGUAROPEAKSBLVDSEATTLEN AIRLINE RDLONGVIEWSIDEWINDERSILVERBELLN QUARRY RDUNNAMED W T W I N P E A K S R D W AVRA VALLEY RD PIMA COUNTY PINAL COUNTY TOWN OF MARANA Saguaro Bloom Saguaro Bloom Specific Plan Context Map Specific Plan Boundary Marana Town Limits 0 0.1 0.2 0.3 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Page 482 of 774 Marana Regular Council Meeting 01/16/2018 Page 483 of 774 Marana Regular Council Meeting 01/16/2018 Page 484 of 774 Marana Regular Council Meeting 01/16/2018 Page 485 of 774 Marana Regular Council Meeting 01/16/2018 Page 486 of 774 Marana Regular Council Meeting 01/16/2018 Page 487 of 774 Marana Regular Council Meeting 01/16/2018 Page 488 of 774 Marana Regular Council Meeting 01/16/2018 Page 489 of 774 Marana Regular Council Meeting 01/16/2018 Page 490 of 774 Marana Regular Council Meeting 01/16/2018 Page 491 of 774 00055474.DOCX /1 Marana Ordinance No. 2018.002 - 1 -1/3/2018 2:50 PM MARANA ORDINANCE NO. 2018.002 RELATING TO WIRELESS COMMUNICATION FACILITIES; ADOPTING COMPREHENSIVE REVISIONS TO THE TOWN’S WIRELESS COMMUNICATION FACILITIES REGULATIONS; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-8 (WIRELESS COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY); COMPREHENSIVELY REWRITING AND REPLACING THE WIRELESS COMMUNICATION FACILITIES REGULATIONS CURRENTLY FOUND IN MARANA LAND DEVELOPMENT CODE TITLE 23 (WIRELESS COMMUNICATION FACILITIES) WITH NEW CHAPTER 17-18 (WIRELESS COMMUNICATION FACILITIES) IN TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE; AND DESIGNATING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. Marana Town Code Title 12 (Traffic and Highways) is hereby amended by adding new Chapter 12-8 (Wireless communication facilities in the right- of-way), which was made a public record by and attached as Exhibit A to Marana Resolution No. 2018-004 and is hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 2. Existing Marana Land Development Code Title 23 (Wireless communication facilities) is hereby repealed and replaced with new Chapter 17-18 (Wireless communication facilities) in Title 17 (Land Development) of the Marana Town Code. New Chapter 17-18 (Wireless communication facilities) was made a public record by and attached as Exhibit B to Marana Resolution No. 2018-004 and is hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 3. The exhibits incorporated by reference into new Town Code Section 12-8-25 (Exhibits), which were made a public record by and attached as Exhibit C to Marana Resolution No. 2018-004, are hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Marana Regular Council Meeting 01/16/2018 Page 492 of 774 00055474.DOCX /1 Marana Ordinance No. 2018.002 - 2 -1/3/2018 2:50 PM Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 7. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 493 of 774 00055471.DOCX /1 Marana Resolution No. 2018-004 - 1 -1/2/2018 5:01 PM MARANA RESOLUTION NO. 2018-004 RELATING TO WIRELESS COMMUNICATION FACILITIES; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE COMPREHENSIVE REVISIONS TO THE TOWN’S WIRELESS COMMUNICATION FACILITIES REGULATIONS ADOPTED BY MARANA ORDINANCE NO. 2018.002; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-8 (WIRELESS COMMUNICATION FACILITIES IN THE RIGHT- OF-WAY); AND COMPREHENSIVELY REWRITING AND REPLACING THE WIRELESS COMMUNICATION FACILITIES REGULATIONS CURRENTLY FOUND IN MARANA LAND DEVELOPMENT CODE TITLE 23 (WIRELESS COMMUNICATION FACILITIES) WITH NEW CHAPTER 17-18 (WIRELESS COMMUNICATION FACILITIES) IN TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN CODE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the comprehensive revisions to the Town’s wireless com- munication facilities regulations adopted by Marana Ordinance No. 2018.002, one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk, consisting of the following documents attached to and incorporated by reference in this resolution: Exhibit A: New Town Code Chapter 12-8 (Wireless communication facilities in the right-of-way) Exhibit B: New Town Code Chapter 17-18 (Wireless communication facilities) in Title 17 (Land Development) of the Marana Town Code Exhibit C: Exhibits incorporated by reference into new Town Code Section 12-8-25 (Exhibits) Marana Regular Council Meeting 01/16/2018 Page 494 of 774 00055471.DOCX /1 Marana Resolution No. 2018-004 - 2 -1/2/2018 5:01 PM PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 495 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 1 of 63 1/2/2018 4:30 PM TITLE 12. TRAFFIC AND HIGHWAYS [Chapters 12-1 through 12-7 remain unchanged] CHAPTER 12-8. WIRELESS COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY [The following table of contents is included for convenience only and will not appear in the published Town Code] 12-8-1 Purpose and background............................................................................................1 12-8-2 Definitions .....................................................................................................................2 12-8-3 Wireless communication facilities use area..............................................................7 12-8-4 Term of telecom license agreements........................................................................11 12-8-5 Wireless provider’s payments..................................................................................12 12-8-6 Use restrictions............................................................................................................15 12-8-7 Wireless provider’s improvements generally........................................................18 12-8-8 Common standard design concepts, requirements and details for all wireless facilities in the right-of-way .................................................................23 12-8-9 Standard design requirements for a small wireless facility on an existing streetlight.................................................................................................29 12-8-10 Standard design requirements for a small wireless facility on a traffic signal pole...............................................................................................................31 12-8-11 Standard design requirements for a small wireless facility on an existing utility pole................................................................................................34 12-8-12 Standard design requirements for a new wireless facility...................................35 12-8-13 RF safety for town employees ..................................................................................37 12-8-14 Maintenance and utilities..........................................................................................38 12-8-15 Breach by wireless provider......................................................................................39 12-8-16 Termination.................................................................................................................44 12-8-17 Indemnity and insurance ..........................................................................................45 12-8-18 Condemnation ............................................................................................................48 12-8-19 Damage to or destruction of the use area...............................................................49 12-8-20 Wireless provider’s records ......................................................................................49 12-8-21 Compliance with law.................................................................................................50 12-8-22 Assignment..................................................................................................................52 12-8-23 Miscellaneous..............................................................................................................55 12-8-24 Town engineer authorization ...................................................................................57 12-8-25 Exhibits.........................................................................................................................57 12-8-26 Forms............................................................................................................................57 12-8-1 Purpose and background A. The purpose of this chapter is to: 1.Implement Arizona laws 2017, chapter 124 (A.R.S. § 9-591 et seq.); Marana Regular Council Meeting 01/16/2018 Page 496 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 2 of 63 1/2/2018 4:30 PM 2. Incorporate standard terms by reference in each individual telecom license agreement and site permit; 3. Promote uniformity in the telecom license agreements; and 4. Streamline the preparation and administration of telecom license agreements. B. Various laws (the “telecommunications laws”) authorize the town to regulate its streets, alleys and public utility easements, and to grant, renew, deny, amend and terminate licenses for and otherwise regulate the installation, operation and maintenance of telecommunications systems. The telecommunications laws include, without limitation, the following: 1. Chapter 12-7 of the town code (Construction in town rights-of-way) (the “street code”). Town code section 12-7-3 (Permit required; exception) applies to a wireless provider, as defined in A.R.S. § 9-591(26). 2. A.R.S. §§ 9-581 through 9-583, §§ 9-591 through 9-599, and other state and federal statutes. 3. The constitution of the state of Arizona. 4. Other applicable federal, state and local laws, codes, rules and regulations. 5. The town’s police powers, its authority over public right-of-way, and its other governmental powers and authority. C. The town owns public street and alley rights-of-way and public utility easements within the boundaries of the town that are designated for use by utility companies for installation, operation and repair of water, electrical and other utilities pursuant to franchises, licenses or other agreements between utility companies and the town (collectively the “right-of-way”). D. The town anticipates that one or more wireless providers may desire to locate antennas and immediately related equipment at various locations (“the sites”) within the right-of-way. E. The standard terms become effective as to each site as they are incorporated in the telecom license agreement by reference. Except as otherwise stated, each telecom license agreement stands on its own. F. Because the town’s existing streetlight poles and traffic signed poles are not designed to safely support the additional weight and stress of wireless facilities, wireless providers shall be required to provide poles designed to support these facilities to replace existing poles prior to attaching wireless facilities. 12-8-2 Definitions A. The following definitions apply to each telecom license agreement and site permit: 1.“Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. 2. “Antenna mounting bracket” means the hardware required to secure the antenna to the pole. 3. “Antenna mounting post” means the vertical post or pipe that the antenna mounting bracket is mounted to in order for the antenna to be attached to the pole. Marana Regular Council Meeting 01/16/2018 Page 497 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 3 of 63 1/2/2018 4:30 PM 4. “Antenna shroud” means the three-sided cover that is mounted at the base of the antenna to conceal the appearance of the cables and wires from the hand-hole port on the pole to the bottom-fed antenna. 5. “Base use fee” means the amount that the company shall pay to the town for each year of a license for use of the town right-of-way and the town-owned pole, as set out in the current fee schedule. 6. “Canister antenna” means the canister or cylinder style housing used to conceal the antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole. 7. “Communications equipment” means any and all electronic equipment at the small wireless facility location that processes and transports information from the antennas to the wireless provider’s network. 8. “Competing users” means entities that own the water pipes, cables and wires, pavement, and other facilities which may be located within the right-of-way. The competing users include without limitation, the town, the state of Arizona and its political subdivisions, the public, and all manner of utility companies and other existing or future users of each use area. 9. “Dog house” means the plastic or metal attachment to the base of a pole that covers the transition point of underground cables and wires to the vertical section of the pole. 10. “Encroachment permit” means a permit issued pursuant to town code section 12-7-3 that allows the wireless provider to perform work in the right-of-way and to install and operate improvements in the right-of-way. 11. “FCC” means the federal communications commission. 12. “FCC rules” means all applicable radio frequency emissions laws and regulations. 13. “FCC OET bulletin 65” means the FCC’s office of engineering & technology bulletin 65 that includes the FCC radio frequency exposure guidelines. 14. “Ground mounted equipment” means any communications equipment that is mounted to a separate post or to a foundation on the ground. 15. “Light emitting diode” or “LED” is a type of lighting fixture installed on town streetlight and traffic signal poles. 16. “Light fixture” means the lighting unit or luminaire that provides lighting during the evening hours or during the hours of darkness. 17. “Luminaire mast arm” means the horizontal post that attaches the light fixture to the streetlight pole or traffic signal pole. 18. “Omni-directional antenna” or “omni antenna” is an antenna that is round in shape, like a pipe, and may be about one inch diameter up to about six inches diameter. 19. “Ordinary permit use fee” means the town’s encroachment permit application, review and other fees related to the issuance of the permit. 20. “Outside diameter” means the points of measurement, using the outer edges of a pole, pipe or cylinder. Marana Regular Council Meeting 01/16/2018 Page 498 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 4 of 63 1/2/2018 4:30 PM 21. “Panel antenna” means the style of antenna that is rectangular in shape and with dimensions that are generally four feet to eight feet in height, by eight inches to 12 inches wide, and four inches to nine inches deep. 22. “Remote radio heads/remote radio units” or “RRU/RRH” means the electronic devices used to amplify radio signals so that there is increased performance (farther distance) of the outgoing radio signal from the antenna. 23. “RF” means radio frequency. 24. “RF letter” means a letter attesting to the wireless provider’s compliance with FCC RF exposure guidelines from the wireless provider’s senior internal engineer. 25. “Right-of-way” as defined for wireless sites in A.R.S. § 9-591(18) means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. 26. “Sight distance easement” means the area of land adjacent to an intersection, driveway or roadway that has restrictive uses in order to preserve the view of oncoming or crossing vehicular and pedestrian traffic by drivers in vehicles attempting to merge with traffic or enter a roadway. 27. “Sight visibility triangle” means the traffic engineering and safety concept that requires clear view by the driver of a vehicle to crossing traffic at a stop sign, driveway or intersection. In order to achieve clear visibility of the cross traffic, the land areas in the sight visibility triangle has specific maximum heights on landscaping, cabinets, and other potential view obstructions. 28. “Signal head” means the “red, yellow and green” light signals at a signal-controlled intersection. 29. “Signal head mast arm” means the horizontal pole that has the signal heads mounted to it and attaches to the traffic signal pole. 30. “Site documents” means the depiction of the use area, schematic plans and map showing location of the installation of the wireless facility in the right-of-way, including but not limited to the title report of the use area, vicinity map, site plan, elevations, technical specifications and the cubic feet of the non-antenna wireless equipment. 31. “Site permit” means a right-of-way use permit issued pursuant to town code section 12-7 for the construction or placement of wireless communication facilities in a particular use area. 32. “Small wireless facility” as defined in A.R.S. §9-591(19), means a wireless facility that meets both of the following qualifications: a. All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. Marana Regular Council Meeting 01/16/2018 Page 499 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 5 of 63 1/2/2018 4:30 PM b. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume, or 50 cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: i. An electric meter. ii. Concealment elements. iii. A telecommunications demarcation box. iv. Grounding equipment. v. A power transfer switch. vi. A cutoff switch. vii. Vertical cable runs for the connection of power and other services. 33. “Standard terms” means the provisions of this chapter 12-8. 34. “Stealth and concealment elements” means the use of shrouds, decorative elements, design concepts and faux elements so that a small wireless facility can be designed to blend in with the surrounding streetscape with minimal to any visual impact. 35. The “street code” means chapter 12-7 (Construction in town rights-of-way) of the town code. 36. “Supplemental parcel agreement” means an agreement authorizing the wireless provider to use property outside of the town’s right-of-way. 37. “Telecom license agreement” means the wireless communication facilities license that incorporates this chapter of the town code—the standard recitals and the standard terms for wireless providers to install and operate wireless facilities in the right-of-way. 38. “Third party areas” means the portions of the right-of-way, such as canal crossings or other areas that for any reason have limited right-of-way dedications or that have regulatory use restrictions imposed by a third party. 39. “Use area” means the portions of the right-of-way where a wireless provider is authorized to construct or place its wireless communication facilities pursuant to a site permit and telecom license agreement (see section 12-8-3, Wireless communication facilities use area). 40. “Utility pole” as defined in A.R.S. § 9-591(21) means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole. 41. “Violation use fee” means the types of fees that the town has available to remedy certain breaches of the telecom license agreement by a wireless provider. 42. “Wireless facility” as defined in A.R.S. § 9-591(22): a. Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: i. Equipment associated with wireless communications. Marana Regular Council Meeting 01/16/2018 Page 500 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 6 of 63 1/2/2018 4:30 PM ii. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration. b. Includes small wireless facilities. c. Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. d. Does not include wi-fi radio equipment described in A.R.S. § 9-506(I) or microcell equipment described in A.R.S. § 9-584(E). 43. “Wireless infrastructure provider” as defined in A.R.S. § 9-591(23) means any person authorized to provide telecommunications service in this state and who builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but who is not a wireless service provider. Wireless infrastructure provider does not include a special taxing district. 44. “Wireless provider” as defined in A.R.S. § 9-591(24) means a cable operator, wireless infrastructure provider, or wireless services provider. 45. “Wireless provider’s improvements” means all improvements installed by the wireless provider, including but not limited to all elements of the wireless facility, all screening elements, any landscaping plants or materials, and any other elements provided by the wireless provider in the approved telecom license agreement. 46. “Wireless services” as defined in A.R.S. § 9-591(25) means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. 47. “Wireless services provider” as defined in A.R.S. § 9-591(26) means a person that provides wireless services. Wireless services provider does not include a special taxing district. 48. “Wireless support structure” as defined in A.R.S. §9-591(27): a. Means: i. A freestanding structure, such as a monopole. ii. A tower, either guyed or self-supporting. iii. A sign or billboard. iv. Any other existing or proposed structure designed to support or capable of supporting small wireless facilities. b. Does not include a utility pole. Marana Regular Council Meeting 01/16/2018 Page 501 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 7 of 63 1/2/2018 4:30 PM 12-8-3 Wireless communication facilities use area Authority to use right-of-way. The town grants to wireless provider the right to install wireless facilities in the town’s right-of-way upon approval of a telecom license agreement and issuance of a site permit for each use area, as set forth below: A. Limitations. Notwithstanding anything in this chapter 12-8 or in the telecom license agreement to the contrary, the use area includes and is limited to only certain areas that wireless provider is permitted to exclusively use and occupy (the “exclusive areas”) and certain areas that wireless provider is permitted to use on a shared basis (the “shared areas”). Each use area is defined by the boundary plan. B. Use area boundary. The use area is the smallest geometric shape that includes the exclusive areas and the shared areas. The use area excludes other parts of the right-of-way and all other land. Wireless provider shall not occupy or use any other portion of the right-of-way or adjoining lands. The telecom license agreement or site permit does not allow any use of land outside the right-of-way. If any portion of wireless provider’s work, improvement or equipment is to be located on other land, then such work, improvements and equipment are prohibited unless wireless provider first obtains from the owner of said land (including the town, if applicable) an agreement allowing such work, improvements and equipment (a “supplemental parcel agreement”). C. Exclusive areas. The exclusive areas are limited to the following, if and as defined by the boundary plan: 1. The land area defined as “enclosure” on the boundary plan to be used by wireless provider solely for the enclosure housing the electronic ground equipment shown on the site plan (the “enclosure”). The area of the enclosure is confined to the actual area occupied by the exterior structure and the interior of the enclosure. If the boundary plan does not show a clearly defined and correctly labeled “enclosure” area, then no enclosure area is available for wireless provider’s use under an issued site permit and any enclosure for wireless provider’s use must be located outside the right-of-way and authorized by a supplemental parcel agreement. 2. The area on the pole defined as “antennas” on the boundary plan to be used by wireless provider solely for mounting the antennas. Such area is confined to the town approved elevations and locations actually occupied by the antennas and their supporting brackets. If the boundary plan does not show a clearly defined and correctly labeled “antennas” area, then no main antennas area is available for wireless provider’s use under an issued site permit and any main antennas for wireless provider’s use must be located outside the right-of-way and authorized by a supplemental parcel agreement. D. Shared areas. Shared areas are limited to the following areas, if and as defined by the boundary plan: 1. A motor vehicle parking space (the “parking space”) at the “parking space” location described on the boundary plan to be used by wireless provider solely for parking a service vehicle to service the communications equipment and for ingress and egress to that parking space. Marana Regular Council Meeting 01/16/2018 Page 502 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 8 of 63 1/2/2018 4:30 PM 2. No temporary construction area is provided by these standard terms or an issued site permit. Wireless provider must obtain from the town a separate written document giving wireless provider permission to work in the right-of-way. 3. An underground cable route (the “signal route”) labeled as the “signal route” described on the boundary plan from the enclosure to the antenna to be used by wireless provider solely for underground radio frequency lines between the enclosure and the antenna. Notwithstanding the preceding sentence, the portion of the signal route upon the pole shall not be underground but shall be within the pole. If the boundary plan does not show a clearly defined and correctly labeled “signal route” area, then no signal route area is available for wireless provider’s use under these standard terms or an issued site permit and any signal route for wireless provider’s use must be located outside the right-of-way and authorized by a supplemental parcel agreement. E. Power and telephone service. Nothing in this chapter 12-8 grants permission for any use of any portion of the right-of-way for power, telephone or other service routes, if any. Use of the public street right-of-way or public utility easements for these purposes, if any, is governed by normal town right-of-way rules and policies and by the franchise between the town and the electrical and telephone service providers. F. Rights in adjacent land. Wireless provider’s rights are expressly limited to the real property defined as the “use area” in the issued site permit. Without limitation, in the event any public right-of-way or other public or private property at or adjacent to the use area is owned, dedicated, abandoned or otherwise acquired, used, improved or disposed of by the town, such property shall not accrue to wireless provider but shall be the town’s only. G. Variation in area. In the event the use area consists of more or less than any stated area, wireless provider’s obligations under the telecom license agreement shall not be increased or diminished. H. Condition of title. Wireless provider shall not have power to amend, modify, terminate or otherwise change the site documents or create new site documents. 1. The town does not warrant its own or any other person’s title to or rights to use the use area or any other property. 2. Wireless provider shall pay, indemnify, defend and hold harmless the town and its agents and representatives of, from and against any and all claims, demands, damages, expenses, interest or penalties of any kind or nature whatsoever, including attorneys’, arbitrators’ and experts’ fees and court costs that arise from or relate to wireless provider’s non-compliance with the site documents. I. Condition of use area. Each use area is being made available in an “as is” condition without any express or implied warranties of any kind, including without limitation any warranties or representations as to its condition or fitness for any use. J. No real property interest. Notwithstanding any provision of this chapter 12-8 to the contrary, and notwithstanding any negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the parties, wireless provider’s rights under the telecom license agreement and any site permit are limited to use and occupation of the use area for the permitted uses. Wireless provider’s rights in the use area are limited to the specific rights created in the approved telecom license agreement and site permit. Marana Regular Council Meeting 01/16/2018 Page 503 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 9 of 63 1/2/2018 4:30 PM K. Reserved right and competing users and activities. Notwithstanding anything in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town specifically reserves to itself and excludes from an issued site permit a non-exclusive delegable right (the “reserved right”) over the entire use area for all manner of real and personal improvements and for streets, sidewalks, trails, landscaping, utilities and every other land use of every description. Without limitation: 1. Competing users. Wireless provider accepts the risk that the town and others (the “competing users”) may now or in the future install their facilities in the use area in locations that make parts of the right-of-way unavailable for wireless provider’s use. 2. Competing activities. Wireless provider accepts the risk that there may now or in the future exist all manner of work and improvements upon the use area (the “competing activities”). The competing activities include without limitation any and all laying construction, erection, installation, use, operation, repair, replacement, removal, relocation, raising, lowering, widening, realigning or other dealing with any or all of the following, whether above, upon or below the surface of the use area and whether occasioned by existing or proposed uses of the right-of-way or existing or proposed uses of adjoining or nearby land: a. All manner of streets, alleys, sidewalks, trails, ways, traffic control devices, subways, tunnels, trains and gates of every description, and all manner of other transportation facilities and their appurtenances. b. All manner of pipes, wires, cables, conduits, sewers, pumps, valves, switches, conductors, connectors, poles, supports, access points and guy wires of every description, and all manner of other utility facilities and their appurtenances. c. All manner of canals, drains, bridges, viaducts, overpasses, underpasses, culverts, markings, balconies, porches, overhangs and other encroachments of every description and all manner of other facilities and their appurtenances. d. All other uses of the right-of-way that the town may permit from time to time. 3. The town’s rights cumulative. All of the town’s reserved rights under various provisions of the town code or an approved telecom license agreement shall be cumulative to each other. 4. Use priorities. This chapter 12-8 and the approved telecom license agreement and site permit do not grant to wireless provider or establish for wireless provider any exclusive rights or priority in favor of wireless provider to use the use area. Wireless provider shall not obstruct or interfere with or prevent any competing user from using the use area. 5. Regulation. The town shall have full authority to regulate use of the use area and to resolve competing demands and preferences regarding use of the use area and to require wireless provider to cooperate and participate in implementing such resolutions. Without limitation, the town may take any or all of the following into account in regulating use of the use area: a. All timing, public, operational, financial and other factors affecting existing and future proposals, needs and plans for competing activities. Marana Regular Council Meeting 01/16/2018 Page 504 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 10 of 63 1/2/2018 4:30 PM b. All other factors the town may consider relevant, whether or not mentioned in this chapter 12-8, the telecom license agreement, or issued site permits. c. Differing regulatory regimes or laws applicable to claimed rights, public benefits, community needs and all other factors relating to competing users and competing activities. 6. Communications equipment relocation. Upon 180 days’ notice from the town, wireless provider shall temporarily or permanently relocate or otherwise modify the communications equipment relocation (the “relocation work”) as follows: a. Wireless provider shall perform the relocation work at its own expense when required by the town engineer or designee. b. The relocation work includes all work determined by the town to be necessary to accommodate competing activities, including without limitation temporarily or permanently removing, protecting, supporting, disconnecting or relocating any portion of the communications equipment. c. The town may perform any part of the relocation work that has not been performed within the allotted time. Wireless provider shall reimburse the town for its actual costs in performing any relocation work. The town has no obligation to move wireless provider’s, the town’s or others’ facilities, but will in good faith assist wireless provider to find a new location and to expedite the approval process. d. The town and not wireless provider shall be entitled to use any of wireless provider’s facilities that are abandoned in place or that are not relocated on the town’s request. e. All relocation work shall be subject to and comply with all other provisions of the telecom license agreement. 7. Disruption by competing users. Neither the town nor any agent, contractor or employee of the town shall be liable to wireless provider, its customers or third parties for any service disruption or for any other harm caused them or the communications equipment due to competing users or competing activities. 8. Emergency disruption by the town. The town may remove, alter, tear out, relocate or damage portions of the communications equipment in the case of fire, disaster, or other emergencies if the town engineer deems such action to be reasonably necessary under the circumstances. The town will make reasonable efforts to contact the wireless provider’s network operations center. In that event, neither the town nor any agent, contractor or employee of the town shall be liable to wireless provider or its customers or third parties for any harm so caused to them or the communications equipment. When practical, the town shall consult with wireless provider in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the communications equipment. In any event, the town shall inform wireless provider after such actions. Wireless provider’s work to repair or restore the communications equipment shall be relocation work. 9. Public safety. If the communications equipment or any other wireless provider equipment, improvements or activities present any immediate hazard or impediment to the public, to the town, to the town’s equipment or facilities, to other improvements or Marana Regular Council Meeting 01/16/2018 Page 505 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 11 of 63 1/2/2018 4:30 PM activities within or without the use area, or to the town’s ability to safely and conveniently operate the right-of-way or perform the town’s utility, public safety or other public health, safety and welfare functions, then wireless provider shall immediately remedy the hazard, comply with the town’s requests to secure the right-of- way, and otherwise cooperate with the town at no expense to the town to remove any such hazard or impediment. Wireless provider’s work crews shall report to the use area within four hours of any request by the town under this paragraph (the “safety paragraph”). L. Third party permission. There may be portions of the right-of-way, such as canal crossings or other areas that for any reason have limited right-of-way dedications or that have regulatory use restrictions imposed by a third party (“third party”). Areas subject to such restrictions or regulations by third parties are referred to as “third party areas” and communications equipment may not be built without permission from the third party or third parties that have property rights or regulatory authority over a specific third party area. Wireless provider’s right to use any use area shall be suspended, but not its obligations with respect thereto, during any period that a third party permission is not in effect. 12-8-4 Term of telecom license agreements A. Term of agreement. The term of each telecom license agreement shall be as follows: 1.Original term. The original term of each telecom license agreement shall be for a period of ten years commencing on the effective date as stated in the approved telecom license agreement, and the terms of all related site permits shall have the same term as the approved telecom license agreement. 2. Extensions. The term of each telecom license agreement may be extended as follows: a. The term of each telecom license agreement may be extended for one additional ten- year period subject to consent by the town and wireless provider, which either may withhold in its sole and absolute discretion. b. Both the town and wireless provider shall be deemed to have elected to extend unless the town or wireless provider, respectively, gives notice to the contrary to the other at least 90 days prior to the end of the original term or the current extension. c. The second term shall begin ten years plus one day after the initial effective date. B. Holding over. In any circumstance whereby wireless provider would remain in possession or occupancy of the use area after the expiration of the applicable telecom license agreement and issued site permits (as extended, if applicable), such holding over shall not be deemed to operate as a renewal or extension of the telecom license agreement and issued site permits, but shall only create a use right from month to month that may be terminated at any time by the town upon 30 days’ notice to wireless provider, or by wireless provider upon 60 days’ notice to the town. C. The town’s right to cancel. Notwithstanding anything contained in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town shall have the unconditional right, with or without cause, to terminate any site permit for reasons including but not limited to street widening, right-of-way abandonment, or development that may impact the location of the site, upon 180 days’ notice given at any time after the Marana Regular Council Meeting 01/16/2018 Page 506 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 12 of 63 1/2/2018 4:30 PM first 180 days. The town shall assist wireless provider in locating a new site for the facility and expedite the process. D. Wireless provider’s right to cancel. Wireless provider shall have the unilateral right to terminate any site permit without cause upon 30 days’ written notice. Wireless provider has no right to terminate any time after an event of default by wireless provider has occurred (or an event has occurred that would become a default after passage of time or giving of notice). 12-8-5 Wireless provider’s payments A. Wireless provider’s payments. Wireless provider shall make payments to the town as follows: 1.Use fee items. Wireless provider shall pay to the town each of the following separate and cumulative amounts (collectively the “use fee”): a. An annual amount (the “base use fee”). b. An amount (the “ordinary permit use fee”) based on wireless provider’s permit review and other costs as set out below. c. An amount (the “violation use fee”) based on certain breaches by wireless provider of the telecom license agreement as set out in paragraph 12-8-15 C below. d. All other amounts required by the telecom license agreement. 2. Base use fee amount. The amount of base use fee wireless provider shall pay to the town for each year of the telecom license agreement shall be the total of all applicable fee line items for wireless communications facilities (including without limitation “antenna base fee” and “ground equipment fee”, as applicable) as set out in the then current comprehensive fee schedule as it may be amended from time to time by the town council. 3. Ordinary permit use fee amount. The amount of the ordinary permit use fee shall be the total amount of all applicable ordinary fees payable to the town for the town’s review of plans, issuance of permits, and inspection of wireless provider’s work upon the use area (including, without limitation, encroachment permits) as set out in the then current comprehensive fee schedule as it may be amended from time to time by the town council. 4. Use fee cumulative. All items of use fee shall be cumulative and separate from each other. 5. Use fee schedule. Wireless provider shall pay base use fee and ordinary permit use fee at the times and in the amounts specified by the town’s normal processes for the payment of base use fees and ordinary permit use fees. 6. Letter of credit. The initial letter of credit amount shall be based upon the wireless provider’s good faith projection of the number of sites to be constructed within the town limits of the town during the current calendar year. The initial letter of credit shall be received by the town before any construction and encroachment permits are issued as follows: a. The amount of the letter of credit shall be as follows: Marana Regular Council Meeting 01/16/2018 Page 507 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 13 of 63 1/2/2018 4:30 PM i. $30,000 for up to ten wireless sites ii. $60,000 for 11 to 20 wireless sites iii. $105,000 for 21 to 35 wireless sites iv. $180,000 for 36 to 60 wireless sites v. $300,000 for 61 to 100 wireless sites vi. $450,000 for 101 to 150 wireless sites vii. $675,000 for 151 to 225 wireless sites viii. $1,050,000 for 226 to 350 wireless sites ix. $1,500,000 for 351 to 500 wireless sites x. $2,250,000 for 501 to 750 wireless sites xi. $3,000,000 for 751 to 1,000 wireless sites xii. If the number of wireless provider’s wireless sites is more than 1,000, the $3,000,000 letter of credit shall remain in effect and the letter of credit for the wireless sites in excess of 1,000 sites shall be calculated using the schedule provided in this subsection. b. The town will determine at least once annually if the number of wireless provider’s wireless sites that are licensed require that the letter of credit be upgraded to a higher amount. If the town requires a new letter of credit, it shall provide formal notice in writing to the wireless provider. The wireless provider must provide the new letter of credit within 45 days of receiving written notice. c. The letter of credit is a security deposit for wireless provider’s performance of all of its obligations under this chapter 12-8 and the approved telecom license agreement within the town limits of the town. d. The letter of credit shall meet the following requirements. i. The letter of credit shall be printed on bank safety paper. ii. The following terms and no others shall be stated on the face of the letter of credit: a) The letter of credit is clean, unconditional, and irrevocable. b) The letter of credit is payable to the town upon presentation of the town’s draft. c) The town may make partial draws upon the letter of credit. d) The letter of credit is conditioned for payment solely upon presentation of a sight draft and a copy of the letter of credit. e) Within ten days after the town’s draft on the letter of credit is honored, the town must make the original of the letter of credit available to the issuer in Pima County, Arizona upon which the issuer may endorse its payments. Marana Regular Council Meeting 01/16/2018 Page 508 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 14 of 63 1/2/2018 4:30 PM f) The issuer specifies a telefax number, email address, and street address at which the town may present drafts on the letter of credit. g) The letter of credit is valid until a specified date. h) The letter of credit will be automatically renewed for successive one year periods, unless at least 120 days prior to expiration the issuer notifies the town in writing, by either registered or certified mail, that issuer elects not to renew the letter of credit for the additional period. In the event of such notification, any then unused portion of the letter of credit shall be available by draft on or before then current expiration date. i) The letter of credit is otherwise subject to the most recent edition of the uniform customs and practices for documentary credits, published by the international chamber of commerce. j) The letter of credit need not be transferable. iii. Approved forms. The form of the letter of credit and of drafts upon the letter of credit shall be as set forth in section 12-8-26 (Forms) iv. Issuer requirements. The issuer of the letter of credit shall meet all of the following requirements: a) The issuer shall be a federally insured financial institution with offices in Pima County, Arizona, at which drafts upon the letter of credit may be presented. b) The issuer shall be a member of the New York clearing house association or a commercial bank or trust company satisfactory to the town. c) The issuer shall have a net worth of not less than $1 billion. e. Wireless provider shall provide and maintain the letter of credit during the entire term of each telecom license agreement as follows: i. Wireless provider shall cause the original letter of credit to be delivered to the town engineer for deposit with the town finance director. ii. Wireless provider shall pay all costs associated with the letter of credit, regardless of the reason or manner such costs are required. iii. Within ten business days after the town gives wireless provider notice that the town has drawn on the letter of credit, wireless provider shall cause the letter of credit to be replenished to its prior amount. f. The town may draw on the letter of credit upon any event of default, and in the following circumstances whether or not they are an event of default: i. Wireless provider fails to cause the letter of credit to be renewed, extended, increased in amount or otherwise maintained as required by these standard terms. ii. Wireless provider fails to make monetary payments as required by these standard terms. Marana Regular Council Meeting 01/16/2018 Page 509 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 15 of 63 1/2/2018 4:30 PM iii. The issuer of the letter of credit fails to immediately honor a draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit. g. The town shall also have such additional rights regarding the letter of credit as may be provided elsewhere in the telecom license agreement. 7. Late fees. Use fee is deemed paid only when the town actually receives good cash payment. Should any use fee not be paid on or before the date due, a late fee shall be added to the amount due in an amount set forth in the town’s comprehensive fee schedule adopted and amended by the town council from time to time. Any use fee that is not timely paid shall accrue simple interest at the rate of 1½% per month from the date the amount first came due until paid. Wireless provider expressly agrees that the foregoing represent fair and reasonable estimates by the town and wireless provider of the town’s costs (such as accounting, administrative, legal, and processing costs) in the event of a delay in payment of use fee. The town shall have the right to allocate payments received from wireless provider among wireless provider’s obligations. 8. Use fee amounts cumulative. All amounts payable by wireless provider under this chapter 12-8 or an approved telecom license agreement or under any tax, assessment or other existing or future ordinance, law or other contract or obligations to the town or the state of Arizona shall be cumulative and payable in addition to each other payment required under this chapter 12-8 or an approved telecom license agreement, and such amounts shall not be credited toward, substituted for, or setoff against each other in any manner. 12-8-6 Use restrictions Use restrictions. Wireless provider’s use and occupation of the use area shall in all respects conform to all and each of the following cumulative provisions: A. Permitted uses. Wireless provider shall use the use area solely for the permitted uses and shall conduct no other activity at or from the use area. B. Enclosure use. Wireless provider shall use the enclosure solely for locating utility cabinets and housing the communications equipment used for the antennas. C. Small wireless facility. Wireless provider may install a small wireless facility, as defined in A.R.S. § 9-591(19), to be limited as follows: 1. All antennas, including the antenna’s exposed elements, are located inside an enclosure of not more than six cubic feet in volume, and 2. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. 3. The following ancillary equipment is not included in the equipment volume: a. Electric meter b. Concealment elements c. telecom demarcation box d. Grounding equipment Marana Regular Council Meeting 01/16/2018 Page 510 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 16 of 63 1/2/2018 4:30 PM e. Power transfer switch f. Cutoff switch g. Vertical cable runs D. Communications operations restriction. Wireless provider shall not install, operate, or allow the use of equipment, methodology or technology that interferes or is likely to interfere with the optimum effective use or operation of the town’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying, receiving or transmitting equipment). If such interference should occur, wireless provider shall immediately discontinue using the equipment, methodology or technology that causes the interference until wireless provider takes corrective measures to alter the communications equipment to eliminate such interference. Any such corrective measures shall be made at no cost to the town. Wireless provider shall give to the town notice containing a list of the radio frequencies wireless provider is using at the use area and shall give notice to the town of any change in frequencies. E. Other equipment. Wireless provider shall not disturb or otherwise interfere with any other antennas or other equipment the town may have already installed or may yet install upon the right-of-way. F. Signs. All signage is prohibited except in compliance with the following requirements: 1. Wireless provider shall install and thereafter maintain the following signs and other markings as reasonably determined by the town from time to time: a. All signs and markings required for safe use of the use area by the town, wireless provider and other persons who may be at the use area at any time for any reason. b. Any signage the town may request directing parking, deliveries and other vehicles and other users to comply with the telecom license agreement. c. Warning signs listing only wireless provider’s name, permanent business address, telephone number, emergency telephone number, and any information required by law. 2. All signage not expressly allowed by these standard terms is prohibited. 3. The location, size, content and style of each sign shall be subject to the provisions of the applicable sign ordinance and shall comply with the town’s sign programs as the same may change from time to time. Wireless provider shall update signs as required to comply with changes in the applicable sign ordinance and the town’s sign programs. 4. Wireless provider shall design, make, install and maintain all signage in a first class, professional manner without broken panels, faded or peeling paint or other damage. 5. Wireless provider shall bear all costs pertaining to the erection, installation, operation, maintenance, replacement and removal of all signs including, but not limited to, the application for and obtaining of any required building or other permits regardless of the reason for any such activity, even if such activity is required by the town pursuant to these standard terms. 6. The requirements of this paragraph apply to all signs, designs, monuments, decals, graphics, posters, banners, markings, and other manner of signage. Marana Regular Council Meeting 01/16/2018 Page 511 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 17 of 63 1/2/2018 4:30 PM G. Wireless provider’s lighting. Except for security lighting operated with the town’s approval from time to time, wireless provider shall not operate outdoor lights at the use area. H. Noise. Except during construction permitted under these standard terms and for burglar alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise are prohibited. All equipment shall be operated so that sound coming therefrom does not exceed the ambient noise level at the boundary of the right-of-way and cannot be heard at the closer of (i) the exterior boundary of the right-of-way or (ii) 200 feet outside the boundary of the right-of-way. The preceding sentence does not apply to use of normal, properly maintained construction equipment used as permitted by an issued site permit, to infrequent use of equipment that is as quiet or quieter than a typical well maintained gasoline powered passenger automobile, or to use of an air conditioning unit that is no noisier than a typical well maintained residential air conditioning unit. I. Limited access. It is wireless provider’s and not the town’s responsibility to keep unauthorized persons from accessing the communications equipment and the exclusive areas. J. Standards of service. Wireless provider shall operate the use area in a first-class manner, and shall keep the use area attractively maintained, orderly, clean, neat and tidy at all times. K. Wireless provider’s agent. Wireless provider shall at all times retain on call available to the town by telephone an active, qualified, competent and experienced person to supervise all activities upon the use area and operation of the communications equipment and who shall be authorized to represent and act for wireless provider in matters pertaining to all emergencies and the day-to-day operation of the right-of-way and all other matters affecting the issued site permit. Wireless provider shall also provide notice to the town of the name, street address, electronic mail address, and regular and after hours telephone number of a person to handle wireless provider’s affairs and emergencies at the right-of-way. Any change shall be given in writing to the town engineer in the manner stated for notices required under this chapter 12-8 and the approved telecom license agreement. L. Coordination meetings. Wireless provider shall meet with the town and other right-of-way users from time to time as requested by the town to coordinate and plan construction on the use area and all matters affected by these standard terms. Without limitation, wireless provider shall attend the town’s scheduled utility planning meetings. M. Toxic substances. Wireless provider’s activities upon or about the use area shall be subject to the following regarding any hazardous or toxic substances, waste or materials or any substance now or hereafter subject to regulation under the comprehensive environmental response compensation and liability act, 42 U.S.C. §§ 9601, et seq., the Arizona hazardous waste management act, A.R.S. §§ 49-901, et seq., the resource conservation and recovery act, 42 U.S.C. §§ 6901, et seq., the toxic substances control act, 15 U.S.C. §§ 2601, et seq., or any other federal, state, county, or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively “toxic substances”): a. Wireless provider understands the hazards presented to persons, property and the environment by dealing with toxic substances. Notwithstanding anything in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town makes and has made no warranties as to whether the use area contains actual or presumed asbestos or other toxic substances. Marana Regular Council Meeting 01/16/2018 Page 512 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 18 of 63 1/2/2018 4:30 PM b. Within 24 hours after discovery by wireless provider of any toxic substances, wireless provider shall report such toxic substances to the town in writing. Within 14 days thereafter, wireless provider shall provide the town with a written report of the nature and extent of such toxic substances found by wireless provider. c. Disturbance of toxic substances. Prior to undertaking any construction or other significant work, wireless provider shall cause the use area to be inspected to prevent disturbance of potential asbestos or other toxic substances. Prior to any work of any description that bears a material risk of disturbing potential asbestos or other toxic substances, wireless provider shall cause the contractor or other person performing such work to give to the town notice by the method described in this chapter 12-8 or in the approved telecom license agreement to the effect that the person will inspect for toxic substances, will not disturb toxic substances, and will indemnify, defend and hold the town harmless against any disturbance in toxic substances in the course of the contractor’s or other person’s work. Wireless provider shall cause any on-site or off-site storage, inspection, treatment, transportation, disposal, handling, or other work involving toxic substances by wireless provider in connection with the use area to be performed by persons, equipment, facilities and other resources who are at all times properly and lawfully trained, authorized, licensed, permitted and otherwise qualified to perform such services. Wireless provider shall promptly deliver to the town copies of all reports or other information regarding toxic substances. N. Required operation. During the entire term of each site permit and any renewals or extensions, wireless provider shall actively and continuously operate the communications equipment 24 hours a day, seven days a week, for the permitted uses. Notwithstanding anything contained in this paragraph to the contrary, the operation requirements of this paragraph shall be effective commencing on the earlier of completion of the project or the completion deadline and shall continue through the date the telecom license agreement terminates or expires for any reason. In the event of relocation of the communications equipment or damage to the use area severe enough that the communications equipment cannot reasonably be operated during repairs, the operation requirements of this paragraph shall be suspended during the time specified by these standard terms for accomplishing repair of such damage to relocation of the communications equipment. Wireless provider may temporarily cease operating the communications equipment for short periods necessary to test, repair, service or upgrade the communications equipment. O. Actions by others. Wireless provider shall be responsible to ensure compliance with these standard terms by all persons using the right-of-way through or under wireless provider or these standard terms. 12-8-7 Wireless provider’s improvements generally All of wireless provider’s improvements and other construction work, whether or not specifically described in this chapter 12-8 or in the approved telecom license agreement, upon or related to the use area (collectively “wireless provider’s improvements”) shall comply with the following: A. Wireless provider’s improvements. Wireless provider’s improvements include without limitation, all modification, replacement, repairs, installation, construction, grading, Marana Regular Council Meeting 01/16/2018 Page 513 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 19 of 63 1/2/2018 4:30 PM structural, utility, lighting, plumbing, sewer or other alterations, parking or traffic alterations, removal, demolition or other cumulatively significant construction or similar work of any description and all installation or alteration of the communications equipment. B. Zoning and similar approval process. The zoning processes, building permit processes, right-of-way management policies and similar regulatory requirements that apply to wireless provider’s improvements are completely separate from the plans approval processes set forth in these standard terms. Wireless provider’s satisfaction of any requirement set forth in these standard terms does not substitute for compliance with any regulatory requirement. Wireless provider’s satisfaction of any regulatory requirement does not substitute for compliance with any requirement of these standard terms. Wireless provider must make all submittals and communications regarding the requirements of these standard terms through the town engineer and not through planning, zoning, building safety or other staff. Wireless provider shall be responsible to directly obtain all necessary permits and approvals from any and all governmental or other entities having standing or jurisdiction over the use area. Wireless provider bears sole responsibility to comply with all stipulations and conditions that are required in order to secure such rezoning and other approvals. Notwithstanding anything in this paragraph, to the extent regulatory requirements and requirements of these standard terms are identical, compliance with regulatory requirements shall constitute compliance with these standard terms and vice versa. C. Batching sites for approval. Only sites that do not have a new or a replacement pole required for the antennas, and do not have any underground cables, conduit, and foundations, are eligible for batch processing of the applications. D. Relationship of plans approval to regulatory processes. Wireless provider’s submission of plans under these standard terms, the town’s approval of plans for purposes of these standard terms, and the plans approval process herein shall be separate and independent of all development, zoning, design review and other regulatory or similar plans submittal and approval processes, all of which shall continue to apply as provided under state law, in addition to the requirements of these standard terms and its approvals. Building permits, zoning clearances, or any other governmental reviews or actions do not constitute approval of any plans for purposes of the telecom license agreement. E. The town’s fixtures and personalty. Wireless provider shall not remove, alter or damage in any way any improvements or any personal property of the town upon the use area without the town’s prior written approval. In all cases, wireless provider will repair any damage or other alteration to the town’s property caused by wireless provider or its contractors, employees or agents to as good or better condition than existed before the damage or alteration. F. Design requirements. All wireless provider’s improvements shall comply with the following design requirements: 1. All wireless provider’s improvements shall be contained entirely within the use area and without any encroachment or dependence upon any other property, except for permitted utility service. Marana Regular Council Meeting 01/16/2018 Page 514 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 20 of 63 1/2/2018 4:30 PM 2. Any changes to utility facilities shall be strictly limited to the use area, shall not affect utilities used by the town, and shall be undertaken by wireless provider at its sole cost and expense. 3. The antennas and other communications equipment shall be properly designed, installed and maintained so as not to create a risk of damage to the Pole, to persons or property upon or using the right-of-way or the town’s other property. 4. To the extent requested by the town, wireless provider’s plans shall include a description of construction methods employed to address environmental issues affecting or affected by the use area and protect other facilities at the right-of-way and surrounding properties. 5. All specifications set forth in sections 12-8-8 through 12-8-12 below. G. Approval required. Wireless provider shall not construct any of wireless provider’s improvements (including work on adjacent public lands, if applicable) without having first received written plans approval from the town. Such consent requirement shall apply to all improvements, furnishings, equipment, fixtures, paint, wall treatments, utilities of every description, communications cabling and other construction work of any description as described in all plans heretofore or hereafter delivered by wireless provider to the town. Such consent requirement does not apply to work on the communications equipment that is confined to the area inside the enclosure and not visible, audible, or otherwise discernible outside the enclosure. H. Effect of plans approval. Wireless provider shall submit engineering and construction plans to the town for review and approval. The town’s approval of plans submitted shall be for purposes of these standard terms only and shall constitute irrevocable approval (but only at the level of detail of the applicable stage of the review process) of the matters plainly shown on the plans approved. The town shall not reject subsequent plans to the extent the matter to which the town objects was plainly shown on plans previously approved by the town. However, the town is not precluded from objecting to matters not previously approved, changes to plans, matters not previously clearly disclosed on approved plans, or refinements or implementation of matters previously approved. I. Plans required. Wireless provider’s design of all wireless provider’s improvements shall occur in three stages culminating in final working construction documents for the wireless provider’s improvements (the “final plans”). The three stages are, in order of submission and in increasing order of detail, as follows: a. Conceptual plans showing the general layout, locations, elevations, configuration, and capacities of all significant improvements, topographical features, pedestrian and vehicular ways, buildings, utilities, and other features significantly affecting the appearance, design, function or operation of each element of wireless provider’s improvements. b. Preliminary plans showing all surface finishes and treatments, finished elevations, general internal and external design (including without limitation colors, textures and materials), mechanical, communications, electrical, plumbing and other utility systems, building materials, landscaping and all other elements necessary prior to preparation of final working construction documents and showing compliance with Marana Regular Council Meeting 01/16/2018 Page 515 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 21 of 63 1/2/2018 4:30 PM all requirements of these standard terms. The preliminary plans shall show all detail necessary prior to preparation of final plans. c. Final plans. In addition to the information that the town required for preliminary plans, the final plans shall include a title report for the use area and the shared use area, engineering design documents for the pole foundation, pole structural design, and other generally required engineering specifications for construction drawings or “CD” plans for permits. J. Approval process. The following procedure shall govern wireless provider’s submission to the town of all plans for wireless provider’s improvements, including any proposed changes by wireless provider to previously approved plans: a. All plans wireless provider submits under these standard terms shall show design, appearance, capacity, views, and other information reasonably deemed necessary by the town for a complete understanding of the work proposed, all in detail reasonably deemed appropriate by the town for the level of plans required herein. b. Wireless provider shall deliver all plans submissions for non-regulatory approvals required in this chapter 12-8 or in the approved telecom license agreement directly to the town engineer and shall clearly label the submissions to indicate that they are submitted pursuant to this chapter 12-8 and the approved telecom license agreement and not for building permits, zoning or other approvals. Each submittal of plans by wireless provider for the town’s review shall include five complete sets of the plans on paper and two copies of the plans in electronic form. c. All construction plans shall be prepared by qualified registered professional engineers. d. The town and wireless provider shall endeavor to resolve design and construction issues to their mutual satisfaction but, in the event of an impasse for any reason or however arising, in light of the town’s ownership and other uses of the use area, and as a condition of the town’s issuance of a site permit, final decision authority regarding all design and construction issues shall rest with the town engineer. e. All of wireless provider’s improvements shall comply with all requirements of law, any applicable insurance contracts and these standard terms. K. Cost of wireless provider improvements. All wireless provider’s improvements shall be designed and constructed by wireless provider at wireless provider’s sole cost and expense, including without limitation any alteration or other change to the town’s equipment or other improvements or personalty that may occur. In no event shall the town be obligated to compensate wireless provider in any manner for any of wireless provider’s improvements or other work provided by wireless provider during or related to the term of any site permit. Wireless provider shall timely pay for all labor, materials, work, and all professional and other services related thereto and shall pay, protect, indemnify, defend and hold harmless the town and the town’s employees, officers, contractors and agents against all claims related to such items. Wireless provider shall bear the cost of all work required from time to time to cause the use area and the town’s adjoining property (if directly affected by wireless provider’s work) to comply with local zoning rules, the Americans with disabilities act, building codes and all similar rules, regulations and other laws if such work is required Marana Regular Council Meeting 01/16/2018 Page 516 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 22 of 63 1/2/2018 4:30 PM because of work performed by wireless provider, by wireless provider’s use of the use area, or by any exercise of the rights granted to wireless provider under this chapter 12-8 or a telecom license agreement. L. Improvement quality. Any and all work performed on the use area by wireless provider shall be performed in a workman-like manner meeting or exceeding the best practices of similar facilities in Pima County, Arizona, and shall be diligently pursued to completion and in conformance with all building codes and similar rules. All of wireless provider’s improvements shall be high quality, safe, fire resistant, modern in design, and attractive in appearance, all as approved by the town through the plans approval processes described in these standard terms in addition to any zoning, building code or other regulatory processes that may apply. M. Ownership of wireless provider’s improvements. All wireless provider’s improvements (including without limitation poles and lights) except the communications equipment shall be and become part of the real property of the town “brick by brick” as constructed or installed. N. Damage during work. Upon performing any work upon the right-of-way, wireless provider shall simultaneously restore the right-of-way to its prior condition, as directed by the town and repair any holes, mounting surfaces or other damage whatsoever to the right-of-way. Such work shall include revegetation and appropriate irrigation systems for revegetated areas. O. Replacement pole. If the town approves a wireless provider proposal to install antennas on a town owned pole, then in addition to the other requirements, the following shall apply: a. Wireless provider shall provide and deliver to the town a replacement pole, including mast arm, so that a replacement is immediately available to the town in case the original pole is damaged. b. If the town uses a replacement pole, then wireless provider shall provide another replacement pole. c. Upon installation of a replacement pole, the town will determine if the original pole, mast arm(s), signal head(s), and light fixture(s) shall be delivered by wireless provider to the town’s operations center yard or if the wireless provider shall dispose of the original pole, mast arm, signal head and light fixture. d. All performance under this paragraph shall be at wireless provider’s expense. The town owns the original pole and all replacement poles. P. Coordination with encroachment permit. The use area is located in the town’s public right- of-way. Wireless provider shall obtain encroachment permits at wireless provider’s expense as follows: a. Wireless provider shall perform no construction work in the right-of-way without obtaining a site permit giving permission to work in the right-of-way. b. Wireless provider shall not alter or modify its antennas, wireless equipment or any improvements without submitting plans or drawings of the proposed alteration or modification to the town and obtaining approval from the town engineer. Marana Regular Council Meeting 01/16/2018 Page 517 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 23 of 63 1/2/2018 4:30 PM c. Wireless provider shall not perform any work on its own antennas or wireless equipment without first obtaining from the town an encroachment permit giving it permission to work in the right-of-way. d. Wireless provider shall not in any way obstruct pedestrian or vehicular traffic within the right-of-way without first obtaining from the town a permit giving permission to obstruct traffic. Q. Time for completion. Wireless provider shall diligently and expeditiously pursue to completion the construction of all approved wireless provider’s improvements. Wireless provider shall complete initial construction of the project no later than the completion deadline. Wireless provider shall complete construction of all of other wireless provider’s improvements no later than 180 days of site permit issuance unless the town and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. If the town, in its sole examination of the construction activity at a site, determines that wireless provider has not substantially performed construction at a site within 180 days of the site permit issuance date, the town may require the wireless provider to cease construction and resubmit the site for approval. R. Construction notification. The town may establish requirements for notification of nearby residents and property owners prior to construction. S. Work time and manner restrictions. All installation, construction, maintenance, inspection, repair and other work of any kind shall be done in a manner that does not disrupt traffic (except in compliance with appropriate permits) or nearby land uses. Without limitation, such work shall be done in compliance with applicable the town policies and directions from time to time, taking into account the various sensitivities of traffic, tourism, events, adjoining land uses, other right-of-way uses, and all other needs and concerns that are likely to be affected by wireless provider’s work. 12-8-8 Common standard design concepts, requirements and details for all wireless facilities in the right-of-way A. The standard design requirements set forth in this section shall apply to all new wireless facilities in the right-of-way. B. The design standards set forth in sections 12-8-8 through 12-8-12 below are not exhaustive. The town engineer may modify or adjust the requirements on a case-by-case basis to address restraints or conditions peculiar to a particular location. C. All work shall be performed by and on behalf of wireless provider in a professional manner consistent with the highest standards of workmanship. D. All wireless communication facilities shall be installed in a manner that minimizes the visual and ingress/egress impact to the general public. E. Pole design and installation. 1. Replacement pole clearances – underground utilities. All ground-mounted electrical equipment shall maintain minimum horizontal clearance from underground utilities. a. General clearances shall be as follows: i. Clearance from water lines shall be at least six feet. Marana Regular Council Meeting 01/16/2018 Page 518 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 24 of 63 1/2/2018 4:30 PM ii. Clearance from sewer lines shall be at least six feet. iii. Clearance from telecommunications shall be at least one foot. iv. Clearance from cable television lines shall be at least one foot. v. Clearance from all other underground infrastructure shall be at least six feet. b. The town, in its sole discretion, may grant a variance, upon approval by the town engineer, from these horizontal separation distances on a case-by-case basis. The approval of a variance is dependent on factors specific to the site. c. In the case where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the impacted utility to have lines, pipes or property moved so that minimum clearance is achieved. All relocation of town-owned or a privately-owned utility shall be at the sole expense of the wireless provider. 2. Calculating the base height of an existing pole. The base height, from which the calculation of the “increase in pole height” is referenced for determining the overall pole height, shall be calculated as follows: a. Streetlight pole (refer to exhibits A1 and A2 in section 12-8-25 below) i. A streetlight with a separate luminaire mast arm mounted to the vertical pole shall use the top of the vertical pole as the base height. ii. A streetlight, with the luminaire mast arm integrated (e.g. telescopic style pole) into the top vertical section of the pole, shall use the point on the pole where the mast arm is connected plus 24 inches as the base height. b. Traffic signal pole (refer to exhibit B in section 12-8-25 below). A traffic signal pole with a luminaire mast arm that is mounted above the signal head mast arm to the pole shall use the top of the vertical portion of the pole as the base height. 3. Replacement pole clearance—original streetlight pole or traffic signal pole. The minimum distance of the replacement pole from the original pole location shall be 60 inches or more so that construction can occur safely. The town may change this minimum distance on a case-by-case basis. 4. Replacement pole clearances—sidewalks. The new or replacement pole shall maintain 12-inch minimum clearance distance from sidewalks. The town, in its sole discretion, may increase that minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. 5. Sight distance easements and sight visibility triangles. All new and replacement poles shall be installed in a location that does not impair or interfere with sight distance easement or sight visibility triangle safety requirements. 6. Cables, wires and jumpers. a. All cables for the wireless equipment and antennas (except where such cables or wires attach to the ports in the antenna) shall be located inside a conduit, inside the caisson and pole. There shall not be any “dog house” or externally visible conduit or entry point of the cables unless specified by the town. Marana Regular Council Meeting 01/16/2018 Page 519 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 25 of 63 1/2/2018 4:30 PM b. All electrical wires for the streetlight luminaire, traffic signal heads, and any town device on the pole shall be new and connected to the existing power source. 7. Hand-holes. a. All hand-hole locations shall be called out on the plans. b. All hand-holes near antennas shall have the top of the hand-hole no lower than the bottom height of the antennas. c. The bottom of the hand-hole should not exceed six inches below the bottom of the antenna. 8. Wireless facility identification information a. A four inch by six inch radio frequency safety notice may be mounted no less than 24 inches from the bottom of the antenna, facing away from traffic. b. The wireless provider may place a discreet site identification or number. The size, color and location of this identifier shall be determined by the town. c. No wireless provider signs may be placed on a streetlight, traffic signal pole, wireless support structure, or a new or replacement pole except to the extent required by local, state or federal law or regulations. 9. Interference with town wireless network. The town has certain wireless devices in a network that connects traffic signals, community centers, water sites, and other locations for the town’s proprietary use. The selection of a location for a wireless site shall consider the potential interference of the town’s wireless network with RF from a wireless provider’s proposed site. 10. Cable chase and dog houses. The town, in its sole discretion, shall determine if an exterior cable chase and dog house are aesthetically compatible with the pole and immediate area. The materials and paint color of the cable chase and dog house shall be determined on a case-by-case basis. F. Removal of original pole, equipment and pole foundation 1. Removal of original signal pole, mast arm, signal heads and luminaire a. The town shall determine what original components, (e.g., original pole, mast arm, signal heads and luminaire, etc.) shall be delivered at no cost to the town, to the town’s operations yard by the wireless provider. b. If the town accepts some of the original components, then only those components shall be delivered by the wireless provider to the town’ operations yard and the remaining components shall be discarded by the wireless provider. 2. Removal of original streetlight or traffic signal pole foundation. The concrete pole foundation for the original streetlight or traffic signal pole shall be removed by the wireless provider as instructed by the town: a. Partial removal. The original pole foundation shall be taken back to a level that is 12 inches below existing grade and covered with four inches of half-inch to three- quarter-inch rock materials. The remaining eight inches shall be native soil. Marana Regular Council Meeting 01/16/2018 Page 520 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 26 of 63 1/2/2018 4:30 PM b. Complete removal. If the entire original pole foundation must be removed, then all materials (concrete, rebar, metals, bolts, etc.) shall be removed. The town engineer shall determine, on a case-by-case basis, the type of backfill material and compaction required, ranging from native soil that is compacted to a half-sack slurry for the entire depth, or a combination of native soil and slurry. G. Antennas, RRH/RRU, cables and mounting on pole. 1. General requirement: All antennas shall be installed in a manner that minimizes the visual impact to the general public. All work shall be performed in a professional manner that is consistent with the highest standards of workmanship. 2. Specific criteria: a. Antenna mounting posts and brackets. i. All panel antennas shall be mounted directly to the pole or onto a mounting pole so that the distance from the “face” of the streetlight pole to the back of the antenna does not exceed nine inches. ii. All mounting posts shall be trimmed so that the poles do not extend higher than the top of the antenna or protrude lower than the antenna unless necessary to install the shroud. iii. All pole attached wireless equipment must be a minimum ten feet from the sidewalk elevation. b. Panel antennas. i. All panel antennas for a small cell site shall fit within an imaginary enclosure of not more than six cubic feet in volume in accordance with A.R.S. §9-591(19)(a). (NOTE: This volume does not include antenna cable shrouds when required.) ii. All panel antennas with exposed cables from the bottom of the antenna shall have a shroud installed on the antenna or antenna mounting posts to conceal the cables. (refer to exhibits D1 and D2 in section 12-8-25 below) a) The type of shroud may be a 45-degree angle (away from the bottom of the antenna; toward the pole) or a 90-degree angle (parallel to the bottom of the antenna) depending on the location of the site. b) The shroud shall extend from the bottom of the antenna to two inches below the bottom of the nearest hand-hole. c. Canister antennas. i. All canister antennas for a small cell site shall fit within an imaginary enclosure of not more than six cubic feet in volume. (Note: This volume does not include the canister as it is a stealth device and not the antenna.) ii. The canister shall be no larger than 18 inches (outside diameter). iii. All canister antennas shall be located in a canister mounted to a base plate at the top of the vertical section of the replacement pole. Marana Regular Council Meeting 01/16/2018 Page 521 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 27 of 63 1/2/2018 4:30 PM iv. All cables protruding from the canister shall be concealed within the canister or by a shroud at the point where the canister is mounted to the base plate. d. Remote radio heads/remote radio units (RRU/RRH). Under A.R.S. § 9-591(19)(a), the RRH/RRU is not considered part of the antenna. If allowed, the RRH/RRU shall be calculated as part of “all other wireless equipment associated with this facility…” in A.R.S. § 9-591(19)(b) and subject to the 28 cubic foot maximum size for small cell sites. On a case-by-case basis, the town in the sole discretion of the town engineer— upon reviewing the landscape in the immediate surrounding area, the location of the pole, and stealth options— may allow a site to have an RRH/RRU installed on the pole. e. Painting antennas and mounting equipment. i. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted with the town’s standard color and quality of paint, as specified by the town engineer. ii. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the town engineer. iii. If the antenna is mounted on a wood pole, the color of the antenna, antenna canister, mounting brackets and posts, shrouds and cable chases shall be painted a color specified by the town engineer that will closely match the color of the wood. H. Ground-mounted equipment. 1. General requirements. a. All ground-mounted equipment shall be installed in a manner that minimizes the visual and ingress/egress impact to the general public. b. All ground-mounted wireless equipment must be screened or concealed to reduce the visual impact to the surrounding area. The screening or concealment shall take into account the location of the site, the use of the immediate area, and the existing aesthetic elements surrounding the site. 2. Specific criteria: a. Sight distance easements and sight visibility triangles. All ground-based wireless equipment shall be installed in a location that does not impair or interfere with sight distance easement or sight visibility triangle safety requirements. To ensure proper sight distance, all town standard details shall apply. b. Ground equipment location—generally. All ground-based wireless equipment, including but not limited to equipment cabinets or power pedestals, shall be placed as far as practical to the back of the right-of-way while maintaining at least three feet of ingress/egress in the right-of-way or public utility easement around the equipment. c. Ground equipment clearances—underground utilities. Marana Regular Council Meeting 01/16/2018 Page 522 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 28 of 63 1/2/2018 4:30 PM i. All ground-mounted electrical equipment shall maintain the following minimum horizontal clearance from below-ground utilities: a) Clearance from water lines shall be at least six feet. b) Clearance from sewer lines shall be at least six feet. c) Clearance from telecommunications shall be at least one foot. d) Clearance from cable television lines shall be at least one foot. e) Clearance from all other underground infrastructure shall be at least six feet. ii. The town, in its sole discretion, may grant a variance upon approval from the town engineer, from these horizontal separation distances on a case-by-case basis. The approval of a variance is dependent on factors specific to the site. iii. Where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the affected utility to have its lines, pipes or property moved so that minimum clearance is achieved. All relocation work of town-owned or a privately-owned utility shall be at the sole expense of the wireless provider. d. Ground equipment clearance – sidewalks. Ground equipment shall maintain a minimum 12-inch clearance distance from sidewalks. The town, in its sole discretion, may increase the minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. e. Compliance with height requirements. Evidence or documentation that, where the above-ground structure is over 36 inches in height, given its proposed location, the structure will comply or be in compliance with the town’s land development code. f. Screening of ground equipment. The town, in its sole discretion, may require ground-mounted equipment to be screened; the type of screening materials and design will be addressed on a case-by-case basis. In cases when screening is not required, the town may specify the paint color of the ground-mounted equipment. g. Decals and Labels i. All equipment manufacturers’ decals, logos and other identification information shall be removed unless required for warranty purposes. ii. The wireless provider may affix an emergency contact decal or emblem to the ground equipment. iii. The ground-mounted equipment shall not have any flashing lights, sirens or regular noise other than a cooling fan that may run intermittently. h. Equipment cabinets on residential property. i. Residential single-family lot. The wireless equipment and ancillary equipment listed in A.R.S. § 9-591(19)(b) shall not exceed 36 inches in height in the front yard of a residential single-family zoned property. ii. Air-conditioning units. Unless otherwise specified by town, a wireless equipment cabinet with air-conditioning (not a fan only) shall be enclosed by Marana Regular Council Meeting 01/16/2018 Page 523 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 29 of 63 1/2/2018 4:30 PM walls and setback a minimum of 15 feet from lots where the existing or planned primary use is a residential single-family dwelling. i. Electric company meter. i. All electric company meters shall be installed in the right-of-way or in an adjacent public utility easement. The location of the meter equipment shall have minimum ingress and egress clearance from private property lines and driveways. ii. All electric company meters shall maintain minimum clearance from above- ground utility cabinets and below-ground utilities. iii. All electric company meters shall be installed in a location that does not impair or interfere with the sight distance easement or sight visibility triangle safety requirements of the town. iv. The electric company meters shall be screened or contained within a “Myers- type” or “Milbank-type” pedestal cabinet that is painted to match the ground equipment or as specified by the town. (refer to exhibit E in section 12-8-25 below) v. In the case where screening is not required, the town may specify the paint color of the electric company meter cabinet on a case-by-case basis. 12-8-9 Standard design requirements for a small wireless facility on an existing streetlight. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned streetlight in the town right-of-way. B. Purpose of streetlight pole. The primary purpose of the pole shall remain as a pole structure supporting a streetlight luminaire and related streetlight fixtures used to provide lighting to the town right-of-way. The attachment of wireless equipment to an existing streetlight pole or to a replacement pole that impedes this primary purpose will not be approved. C. General requirements. 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 2. A replacement pole shall match the town’s standard streetlight pole, as closely as possible, subject to more specific criteria below. 3. As specified in paragraph 12-8-7 O above, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by the wireless provider to town in advance so the pole can be replaced promptly in case of a knockdown. 4. All plans shall be signed and sealed by a registered professional engineer. 5. All other standard town details shall apply. D. Specific criteria. Marana Regular Council Meeting 01/16/2018 Page 524 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 30 of 63 1/2/2018 4:30 PM 1. New or replacement pole height. A new or replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement pole. a. The “base” height of an existing streetlight pole shall be the height of the vertical pole section from the existing grade. The height of the luminaire mast arm, if higher than the vertical pole section, shall not be used to determine the new overall height of the replacement pole. b. If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister, top of the omni-directional antenna, or the top of the panel antenna. 3. Increase in outside diameter of pole. The non-tapered replacement pole outside diameter of the base section shall be equal to the top section, and the outside diameter shall not exceed eight and five-eighths inches (the pole manufacturing industry standard outside diameter for an 8-inch diameter pole) or a 100% increase in diameter of the original pole, whichever is less. 4. Luminaire mast arms. a. All luminaire mast arms shall be the same length as the original luminaire arm, unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. b. Unless otherwise approved, all luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. c. The replacement luminaire mast arm shall be at the same height above the ground as the existing luminaire. 5. Luminaire fixtures. a. All replacement poles shall have the town standard light-emitting diode (LED) light fixture installed. b. All replacement light fixtures shall have a new town standard photo-cell or sensor provided by the wireless provider. 6. Pole foundation a. All pole foundations shall conform to the town’s standards and specifications on streetlight design and shall be modified for wireless communications equipment and cables. b. The town, in its sole discretion, may allow the pole foundation design to be “worst case” for all soil conditions. Marana Regular Council Meeting 01/16/2018 Page 525 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 31 of 63 1/2/2018 4:30 PM c. A separate, one-inch diameter conduit shall be installed in the pole foundation for the town’s luminaire wire and any additional town wires or cables. The town’s conduit shall be trimmed to three inches above the top of the pole foundation. d. The height of the pole foundation shall be two inches above finished grade. If the pole foundation encroaches into any portion of the sidewalk, then the pole foundation shall be flush with the sidewalk. e. Shrouds for the streetlight pole mounting bolts may be required for the replacement pole. 7. Painting of replacement pole. a. If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. For powder coated poles, the wireless provider shall replace with same powder coated color and/or color combination per the town’s street light standards, as directed by the town engineer. 8. Painting antennas and mounting equipment a. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted per the town’s street light standards, as directed by the town engineer. b. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the town. 9. Wireless provider shall install pole numbers on each replacement pole (to match the number on the existing streetlight pole being replaced) per the town’s street light standards, as directed by the town engineer. 12-8-10 Standard design requirements for a small wireless facility on a traffic signal pole. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned traffic signal in the town right-of-way. B. Purpose of traffic signal pole. 1. The primary purpose of the traffic signal pole shall remain as a pole structure supporting a traffic signal and related streetlight fixtures used to provide traffic control and lighting to the town right-of-way. 2. The attachment of wireless equipment to a new or replacement traffic signal pole that impedes the traffic signal pole’s purpose will not be approved. C. General requirements. 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. Marana Regular Council Meeting 01/16/2018 Page 526 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 32 of 63 1/2/2018 4:30 PM 2. A replacement pole shall match the town’s standard traffic signal pole, as closely as possible, subject to more specific criteria below. 3. As specified in section 12-8-7 O above, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by wireless provider to town in advance so the pole can be replaced promptly in case of a knockdown. 4. All plans shall be signed and sealed by a registered professional engineer. 5. All other standard town details shall apply. D. Specific criteria. 1. New or replacement pole height. A new or replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement pole. The height of the replacement pole is measured from grade to the top of the antenna canister or the top of the panel antennas if the antennas are the highest elements. 3. Increase in outside diameter of pole. a. If the replacement pole is a taper design, the outside diameter of the base section of the replacement pole shall not exceed 12 inches or a 100% increase in the outside diameter of the base section, whichever is less. b. If the replacement pole is non-tapered, then the diameter of the base section shall be equal to the top section and the outside diameter shall not exceed 12 inches or a 100% increase, whichever is less. 4. Signal head mast arms. a. The traffic signal head mast arms shall be the same length as the original signal head mast arm unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. b. All signal head mast arms shall match the arc (if applicable) and style of the original signal head mast arm. 5. Luminaire mast arms. a. All luminaire mast arms shall be the same length as the original luminaire arm unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. b. All luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. 6. Signal heads. Marana Regular Council Meeting 01/16/2018 Page 527 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 33 of 63 1/2/2018 4:30 PM a. All existing signal heads shall be replaced, at no cost to town, with new standard town light-emitting diode (LED) signal heads. b. All signal heads shall be procured from a town approved signal heads supplier or manufacturer. 7. Luminaire fixtures a. All replacement poles shall have the town standard light-emitting diode (LED) light fixture installed. b. All replacement light fixtures shall have a new town standard photo-cell or sensor provided by the wireless provider. 8. Other town elements on signal mast arm or pole. a. All existing emergency signal detection units, video detection cameras, video cameras, cross walk service buttons, cross walk signals, and any other pedestrian or traffic devices shall be replaced with new units by wireless provider and installed at no cost to the town. b. All equipment shall be procured from a list of town approved suppliers. 9. Signs and other miscellaneous items. All street name plates or signs, directional signs and any other town approved signs shall be replaced with new signs at no cost to the town. All signs and attachments shall be procured from a list of town approved suppliers. 10. Traffic signal pole foundation a. All pole foundations shall conform to the town’s standards and specifications on traffic signal pole design and shall be modified for wireless communications equipment, hand holes and cables. b. The wireless provider shall install a three-inch outside diameter conduit in the pole foundation for the town’s cables and wires for the signal heads, luminaire and devices on the signal mast arm and luminaire mast arm. The town’s conduit shall be trimmed to three inches above the top of the pole foundation. c. In addition to the conduits for the town’s use inside the pole, the wireless provider shall install one of the following two conduit options for its cables and wires: i. One six-inch outside diameter conduit in the pole foundation; or ii. Two four-inch outside diameter conduits in the pole foundation. d. The length of the conduit installed as required by subparagraph c above shall extend from the pole foundation to six inches above the signal head mast arm. e. Height above ground level. i. If the pole foundation is in a landscaped or unimproved area, the height of the caisson shall be two inches above finished grade. ii. If the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. Marana Regular Council Meeting 01/16/2018 Page 528 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 34 of 63 1/2/2018 4:30 PM f. Shrouds shall be provided for the traffic signal pole mounting bolts, including for the replacement pole. 11. Painting of pole, antennas and mounting equipment a. If the replacement traffic signal pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. For powder coated traffic signal poles, the wireless provider shall replace with same powder coated color and/or color combination per the town’s traffic signal standards, as directed by the town engineer. 12. Construction of traffic signal. The installation work of the replacement traffic signal pole, including mast arms, signal heads and devices, must be performed by an Arizona licensed traffic signal contractor with a minimum of five years of experience installing traffic signals. 12-8-11 Standard design requirements for a small wireless facility on an existing utility pole. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned utility pole in the town right-of-way. B. Purpose of the utility pole. 1. The primary purpose of the pole shall remain as a pole structure supporting a cables and wires used to provide communications services and electric distribution in the town right-of-way. 2. The attachment of wireless equipment to an existing third party-owned utility pole that impedes the utility pole’s primary purpose will not be approved. C. General requirements. 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 2. All plans shall be signed and sealed by a registered professional engineer. D. Specific criteria. 1. Replacement pole height. A replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement utility pole a. The base height of an existing utility pole shall be the height of the vertical pole section from the existing grade. Marana Regular Council Meeting 01/16/2018 Page 529 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 35 of 63 1/2/2018 4:30 PM b. If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister or the top of the panel antenna. 3. Use of existing pole – wood. a. An existing wood pole used for a small wireless facility shall have the antennas contained within an 18-inch outside diameter canister mounted at the top of the pole. b. Unless otherwise approved, the cables and wires from the base of the pole to the antennas shall be installed in a conduit or cable chase outside of the pole, facing away from the street or away from on-coming traffic. c. If a dog house is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the town shall provide the maximum size, dimension and shape of the dog house on a case-by-case basis (refer to exhibit C in section 12-8-25 below). 4. Use of existing pole – metal. a. An existing metal pole used for a small wireless facility shall have the antennas contained within an 18-inch outside diameter canister mounted at the top of the pole. b. Panel antennas on a metal pole shall have the same center of radiation so the antennas will be at the same height on the pole. c. The cables and wires from the base of the pole to the antennas shall be installed in a conduit or cable chase on the outside of the pole, facing away from the street or away from on-coming traffic. d. If a dog house is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the town engineer shall provide the maximum size, dimension and shape of the dog house on a case-by-case basis (refer to exhibit C in section 12-8-25 below). 5. Painting of pole and dog house. a. If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. If the existing or replacement pole includes a dog house for the transition of the cables and wires to the pole, the dog house shall be painted the same color as the pole or a color specified by the town. 12-8-12 Standard design requirements for a new wireless facility. A. General. 1.The wireless provider shall obtain a conditional use permit under town code chapter 17-18 (wireless communication facilities) for any new wireless facility in the right-of- way, including without limitation those proposed to be placed on a wireless support structure or new utility pole, except those expressly exempt from zoning by Arizona law. Marana Regular Council Meeting 01/16/2018 Page 530 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 36 of 63 1/2/2018 4:30 PM 2. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to any wireless facility that a wireless provider may install in the right-of-way that is not being placed on an existing streetlight (see section 12-8-9 above), an existing traffic signal pole (see section 12-8-10 above), or an existing utility pole (see section 12-8-11 above). 3. A new wireless support structure, including a monopole not to exceed an outside diameter of 40 inches, shall incorporate the highest level of stealth and concealment of the antennas and wireless equipment in order to minimize the visual impact of the site to the public. B. Purpose of wireless support structure. The sole purpose of a new vertical element or wireless support structure is to attach antennas for the provision of wireless services by a wireless provider in the town’s right-of-way. C. General requirements. 1. A new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated equipment upon the look, feel, theme, and use of the surrounding area. 2. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 3. The new wireless support structure shall be architecturally integrated and compatible with the use of the surrounding area. 4. The height of the new wireless support structure shall not exceed the maximum allowed height of the zoning district of the nearest property outside the right-of-way where the site is proposed to be located. 5. All plans shall be signed and sealed by a registered professional engineer. D. Specific criteria. 1. New pole height. a. Except as provided in subparagraph b below, the new pole shall not exceed the maximum allowed height of the zoning district of the nearest property outside the right-of-way where the site is proposed to be located. b. A new monopole or utility pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if it falls within the zoning exemptions set forth in A.R.S. § 9-529 (I) and (J). i. A.R.S. § 9-529 (I) provides that a new, replacement or modified utility pole that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is not subject to zoning review and approval if the utility pole does not exceed the greater of either: a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within 500 feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the authority, but not more than 50 feet above ground level. Marana Regular Council Meeting 01/16/2018 Page 531 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 37 of 63 1/2/2018 4:30 PM b) Forty feet above ground level. ii. A.R.S. § 9-529 (J) provides that new small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless support structure and do not exceed 50 feet above ground level 2. Overall height of new pole. The height of the new wireless support structure is measured from grade to top of the antenna canister, or the top of the panel antenna if the antennas are the highest elements of the site. Otherwise, the measured height shall be from existing grade to the highest point of the wireless support structure. 3. Outside diameter of monopole. The maximum outside diameter of a monopole shall not exceed 40 inches. 4. Stealth and concealment elements. As part of the stealth and concealment elements of the wireless support structure, the town may require the wireless provider to install street name plates, directional signs, and other decorative signs or artistic elements on the structure. a. The wireless provider is solely responsible for the cost of all stealth and concealment elements and the installation of other elements required by the town. b. The wireless provider is responsible for the performance of and any costs incurred for regular upkeep, maintenance and replacement (if necessary) of all stealth and concealment elements. 5. Architectural integration with surrounding area. a. The new wireless support structure shall be designed in consultation with various internal town stakeholders and may include external stakeholders. b. The town may require the new wireless support structure to be constructed of a specific material that will enhance the stealth and concealment of the site. 6. Pole foundation. a. The pole foundation for the wireless support structure shall conform to civil and structural engineering standards acceptable to the town, with design modifications for wireless communications equipment and cables. b. The height of the pole foundation shall be two inches above finished grade, except that if the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. c. Shrouds must be provided for the pole mounting bolts. 12-8-13 RF safety for town employees To assure that the town’s employees, agents, and representatives have uninterrupted and safe access to the right-of-way and all structures located in the right-of-way, wireless provider must comply with at least one of the following safety protocols: A. Participate in a town-approved or sponsored RF safety program (a “safety program”), enrollment in which shall include: Marana Regular Council Meeting 01/16/2018 Page 532 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 38 of 63 1/2/2018 4:30 PM 1. A one-time contribution to the town of two RF personal monitors, as specified below, for monitoring radio frequency emissions from wireless provider facilities during the repair and maintenance of the town’s Facilities and right-of-way. The RF personal monitors shall be delivered to the town engineer within 60 days of the issuance date of the first permit for a small wireless facility issued to the wireless provider. a. The RF personal monitor shall be a new, with full original manufacturer’s warranty, NARDA (2271/101) – Nardalert S3 personal & area monitor or equivalent device that is approved by the town. b. The wireless provider shall provide for each Nardalert S3 personal & area monitor, a protective silicon or rubberized cover, and a case to store and carry the device. 2. An annual contribution of $2,500 (“annual contribution”) for third-party training of the town employees who will work on poles that have a wireless facility and for the ongoing operation—including the annual recertification training of the town employees, test set calibration, and test set maintenance and repair—of the town’s safety program. a. The first annual contribution, payable to the town, shall be delivered or transferred as directed by the town engineer within 60 days of the issuance date of the first permit for a small wireless facility issued to the wireless provider. b. Each annual contribution thereafter shall be made payable to the town as directed by the town engineer on or before the anniversary date of the issuance date of the first permit for a small wireless facility issued to the wireless provider. 3. On each five-year interval of the issuance date of the first permit to install a small wireless facility in the town, the wireless provider shall provide the town with one additional RF personal monitor that meets or exceeds the requirement in subparagraph 12-8-13 A. 1 above that the town must approve prior to purchase. 4. Prior to performing any work on a wireless site in the right-of-way, the town’s employee will contact the wireless provider’s network operations center, whose information shall be located on the ground equipment or on the pole. The town’s employee shall identify himself or herself as an employee of the town and needs the RF to be turned off at the site for a specified period to perform maintenance or repair work at the site. Upon completion of the work, the town’s employee shall contact the wireless provider’s network operations center and inform them that the site may activate the RF signals. B. Provide access to a “kill switch” for each wireless site that the town’s employees, agents, or representatives can use to turn off all power to the wireless provider’s facilities while the town’s work is performed at the location. C. Within 24 hours of a request, agree to send a technician with an RF monitor to confirm that all RF emitting equipment has, in fact, been deactivated, and to install all appropriate lockout tags and devices. 12-8-14 Maintenance and utilities Except as expressly provided below, wireless provider shall be solely responsible for all maintenance,repair and utilities for the use area during the term of an issued site permit. Without limitation, wireless provider shall perform the following: Marana Regular Council Meeting 01/16/2018 Page 533 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 39 of 63 1/2/2018 4:30 PM A. Maintenance by the town. The town has no maintenance or repair obligations for the communications equipment or other of wireless provider’s improvements. B. Maintenance by wireless provider. Wireless provider shall at all times repair and maintain the use area at wireless provider’s sole expense in a first-class, sound, clean, safe and attractive manner, meeting or exceeding the manner of maintenance at first class comparable facilities in Pima county, Arizona, as determined in the town’s reasonable discretion. The preceding sentence does not require wireless provider to repair or maintain the town’s facilities at the use area unless such work is attributable in whole or in part to wireless provider’s use of the use area. C. Utility service. Wireless provider shall contract for and pay all charges, fees, deposits and other amounts for electricity and telephone and other data communication service to the use area at the rates applicable thereto. Wireless provider shall use no other utilities at the use area. D. Utility interruptions. The town is not responsible for any interruption of utilities to or upon the use area or other difficulties related to utilities at the use area. E. Right of inspection. The town shall be entitled to inspect all construction, reconstruction or installation work and to make such tests as it deems necessary to ensure compliance with the terms herein, the street code, or other telecommunications laws. All the town plans reviews, inspections, standards and other rights and actions with relation to wireless provider’s improvements are for the town’s sole and exclusive benefit and neither wireless provider nor any other person shall rely thereon or have any rights related thereto. The preceding sentence does not prevent wireless provider from relying on consents, permits or approvals the town may grant based on the town’s plans, reviews, and inspections. This right of access is in addition to access rights for the town inspectors or other employees and officers acting within their legal authority. F. Construction notification. The town may establish requirements for wireless provider to notify nearby residents prior to construction. G. Blue stake. Wireless provider shall register with and comply with the local blue stake program. 12-8-15 Breach by wireless provider Wireless provider shall comply with, perform and do each obligation required of wireless provider in this chapter 12-8 and in the approved telecom license agreement, and shall cause all persons using the use area on behalf of wireless provider to do the same. Wireless provider’s failure to do so shall be a material breach by wireless provider of these standard terms. A. Events of default. Each telecom license agreement and site permit is approved upon the condition that each and every one of the following events shall be deemed an “event of default” by wireless provider of wireless provider’s material obligations under these standard terms: 1. If wireless provider shall be in arrears in the payment of use fee and shall not cure such arrearage within 15 days after the town has notified wireless provider of such arrearage. Marana Regular Council Meeting 01/16/2018 Page 534 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 40 of 63 1/2/2018 4:30 PM 2. If wireless provider shall fail to operate the communications equipment (except during specific periods expressly excused herein) for a period of 30 consecutive days or a total of 60 days within any 12-month period. 3. If wireless provider shall fail to maintain any insurance required under these standard terms. Notwithstanding the preceding sentence, such failure shall not be a default if within five business days after notice from the town, wireless provider provides to the town the required insurance and the required evidence thereof. Such insurance must cover the past for a period adequate that there is no gap in the insurance coverage required by these standard terms. 4. If the wireless provider’s right to use a pole expires or is terminated for any reason. 5. If wireless provider does not commence and diligently pursue to completion each required stage of construction of the site within the times required herein. The times specified for concluding each stage of required construction have been established far enough in advance, and have taken into account the likelihood of construction delays, so that no cure period is provided. 6. If wireless provider is the subject of a voluntary or involuntary bankruptcy, receivership, insolvency or similar proceeding or if any assignment of any of wireless provider’s or such other person’s property is made for the benefit of creditors or if wireless provider or such other person dies or is not regularly paying its debts as they come due (collectively a “wireless provider insolvency”). 7. If the issuer of any letter of credit fails for any reason to timely and fully honor any request by the town for funds or other performance under the instrument and wireless provider fails to cause the issuer to or some other person to honor the request within ten days after the town notifies wireless provider that a town request for funds has not been honored. 8. If wireless provider fails to obtain or maintain any licenses, permits, or other governmental approvals pertaining to the right-of-way or timely pay any taxes pertaining to the right-of-way and does not cure the failure within 30 days which shall be extended to 90 days if wireless provider begins to cure in good faith within 30 days. 9. If the town is exposed to any liability, obligation, damage, cost, expense, or other claim of any description, whether or not asserted; except that this is not an event of default if wireless provider does all of the following: a. Gives immediate notice to the town of wireless provider’s commitment to indemnify, defend and hold the town harmless against the claim. b. Promptly commences and continues to indemnify, defend and hold the town harmless against the claim. 10. If wireless provider fails to meet its obligations under section 12-8-13 (RF safety for town employees). 11. If wireless provider engages in a pattern of repeated failure (or neglect) to timely do or perform or observe any provision contained in this chapter 12-8 or in the approved telecom license agreement. After the town has once given notice of any failure by wireless provider to comply with its obligations set forth in these standard terms, the Marana Regular Council Meeting 01/16/2018 Page 535 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 41 of 63 1/2/2018 4:30 PM following shall constitute a repeated failure by wireless provider to comply with such provision: a. Another failure to comply with any provision of these standard terms during the following 30-day period. b. Three or more failures to comply with any provision of these standard terms during any 90-day period. c. Six or more failures to comply with any provision of these standard terms during any 12-month period. 12. If wireless provider fails or neglects to timely and completely do or perform or observe any other provisions of this chapter 12-8 or the approved telecom license agreement and the failure or neglect continues for a period of 30 days after the town has notified wireless provider in writing of the failure or neglect. B. The town’s remedies. Upon the occurrence of any event of default or at any time thereafter, the town may, at its option and from time to time, exercise at wireless provider’s expense any or all or any combination of the following cumulative remedies in any order and repetitively at the town’s option: 1. Terminate the telecom license agreement and site permits issued to the wireless provider due to wireless provider’s breach; provided, however, that this shall not terminate wireless provider’s obligations arising during the time simultaneous with or prior to or the termination, and in no way eliminates or reduces wireless provider’s liability resulting from the breach. 2. Pay or perform, for wireless provider’s account, in wireless provider’s name, and at wireless provider’s expense, any or all payments or performances required under these standard terms to be paid or performed by wireless provider. 3. Abate at wireless provider’s expense any violation of these standard terms. 4. Notwithstanding anything under these standard terms to the contrary, unilaterally and without wireless provider’s or any other person’s consent or approval, draw upon, withdraw or otherwise realize upon or obtain the value of any letter of credit, escrowed funds, insurance policies, or other deposits, sureties, bonds or other funds or security held by the town or pledged or otherwise obligated to the town by wireless provider or by any third party (whether or not specifically mentioned herein) and use the proceeds for any remedy permitted by these standard terms. 5. Require an additional security deposit adequate in the town’s sole discretion to protect the town and the right-of-way. 6. Assert, exercise or otherwise pursue at wireless provider’s expense any and all other rights or remedies, legal or equitable, to which the town may be entitled, subject only to the limitation set out below on the town’s ability to collect money damages in light of the violation use fee. C. Violation use fee. In lieu of certain money damages (the “inconvenience costs”) set out below, the following shall apply to wireless provider’s violation of certain limited requirements of these standard terms ( the “violation fee provisions”): Marana Regular Council Meeting 01/16/2018 Page 536 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 42 of 63 1/2/2018 4:30 PM 1. The inconvenience costs are the money damages that the town suffers in the form of administrative cost and inconvenience, disharmony among competing users, and general inconvenience in right-of-way use by the town, competing users and the public when wireless provider fails to comply with the violation fee provisions. 2. Wireless provider’s failure to comply with violation fee provisions will result in inconvenience costs in an amount that is and will be impracticable to determine. Therefore, the parties have agreed that, in lieu of wireless provider paying to the town as damages the actual amount of the inconvenience costs for violating the violation fee provisions, wireless provider shall pay the violation use fee. 3. The violation use fee is only intended to remedy inconvenience costs that the town suffers because of wireless provider’s breach of the violation fee provisions. Wireless provider’s payment of a violation use fee does not in any way excuse any breach by wireless provider of these standard terms or limit in any way wireless provider’s obtaining any other legal or equitable remedy provided by these standard terms or otherwise for such breach. For example, wireless provider’s obligation to pay the violation use fee does not in any way detract from wireless provider’s indemnity and insurance obligations under these standard terms, which shall apply according to their terms in addition to wireless provider’s obligation to pay the violation use fee. 4. Wireless provider may elect to draw upon the letter of credit to collect the violation use fee. 5. The violation fee provisions and the amount of the violation use fee per day or part thereof are as follows: a. $600 per day for wireless provider’s failure to properly restore the public right-of- way or to correct related violations of specifications, code, ordinance or standards within ten business days after the town’s notice to correct such defects. This violation use fee shall be in addition to any cost the town may incur to restore the right-of-way or correct the violation. b. $250 per day for each failure to make wireless provider’s books and records available as required by the telecom license agreement. c. $500 per instance of any other action or non-action by the wireless provider contrary to these standard terms that causes inconvenience costs and that is not cured after three business days’ notice. 6. Violation use fees shall be assessed as follows: a. If the town determines that wireless provider is liable for a violation use fee, then the town shall issue to wireless provider a notice of the town’s assessing a violation use fee. The notice shall set forth the nature of the violation and the amount of the assessment. b. Wireless provider shall pay the violation use fee within ten days after the town’s notice unless the violation use fee amount exceeds $5,000, in which case the following shall apply: i. Wireless provider shall have 30 days after the notice to pay the violation use fee or give the town notice contesting the assertion of noncompliance. Marana Regular Council Meeting 01/16/2018 Page 537 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 43 of 63 1/2/2018 4:30 PM ii. If wireless provider fails to respond to the notice, wireless provider shall pay the violation use fee. Otherwise, the town shall schedule a public hearing to investigate whether the violation use fee is properly assessed. The town shall provide wireless provider at least ten days’ notice of such hearing, which shall specify the time, place and purpose of the hearing. At the hearing, wireless provider shall be provided an opportunity to be heard and present evidence. If the result of the hearing is that wireless provider is liable for the violation use fee, then the violation use fee is due ten days after the hearing decision is announced. D. Non-waiver. Wireless provider acknowledges wireless provider’s unconditional obligation to comply with these standard terms. No failure by the town to demand any performance required of wireless provider under these standard terms, and no acceptance by the town of any imperfect or partial performances under these standard terms, shall excuse such performance or impair in any way the town’s ability to insist, prospectively and retroactively, upon full compliance with these standard terms. No acceptance by the town of use fee payments or other performances under this chapter 12-8 and the approved telecom license agreement shall be deemed a compromise or settlement of any right the town may have for additional, different or further payments or performances as provided for in these standard terms. Any waiver by the town of any breach of condition or covenant set forth in chapter 12-8 or the approved telecom license agreement shall not be deemed or considered as a continuing waiver and shall not operate to bar or otherwise prevent the town from declaring a default for any breach or succeeding or continuing breach either of the same condition or covenant or otherwise. No statement, bill or notice by the town or wireless provider concerning payments or other performances due under chapter 12-8 or the approved telecom license agreement, or failure by the town to demand any performance under chapter 12-8 or the approved telecom license agreement, shall excuse wireless provider from compliance with its obligations nor estop the town (or otherwise impair the town’s ability) to at any time correct such notice and/or insist prospectively and retroactively upon full compliance with the telecom license agreement. No waiver of any description (including any waiver of this sentence or paragraph) shall be effective against the town unless made in writing by a duly authorized representative of the town specifically identifying the particular provision being waived and specifically stating the scope of the waiver. Wireless provider expressly disclaims and shall not have the right to rely on any supposed waiver or other change or modification, whether by word or conduct or otherwise, not conforming to this paragraph. E. Reimbursement of the town’s expenses. Wireless provider shall pay to the town within 30 days after the town’s demand any and all amounts expended or incurred by the town in performing wireless provider’s obligations (upon wireless provider’s failure to perform the same after notice from the town) together with interest thereon at the rate of 10% per annum from the date expended or incurred by the town. F. Breach by the town. Notwithstanding anything in these standard terms to the contrary, if the town at any time is required to pay to wireless provider any amount or render any performance, such amount or performance is not due until 30 days after notice by wireless provider to the town that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, the town shall not be in default so Marana Regular Council Meeting 01/16/2018 Page 538 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 44 of 63 1/2/2018 4:30 PM long as the town commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within 60 days after the notice. G. Right to setoff and credit. In addition to its other rights and remedies the town shall have the right to setoff and credit from time to time and at any time, any and all amounts due from wireless provider to the town, whether pursuant to these standard terms or otherwise, against any sum which may be due from the town to wireless provider. 12-8-16 Termination The following provisions shall apply at the expiration of the term of each telecom license agreement and site permit: A. Surviving obligations. Expiration or termination of a telecom license agreement or site permit does not terminate wireless provider’s obligations existing or arising prior to or simultaneous with, or attributable to, the termination or events leading to or occurring before termination. B. Delivery of possession. Wireless provider shall cease using the use area of the expired or terminated site permit. Wireless provider shall without demand, peaceably and quietly quit and deliver up the use area to the town thoroughly cleaned, in good repair with the use area maintained and repaired and in as good order and condition, reasonable use and wear excepted, as the use area now are or in such better condition as the use area may hereafter be placed. C. Confirmation of termination. Upon expiration or termination of a telecom license agreement or site permit for any reason, wireless provider shall provide to the town upon demand recordable disclaimers covering the use area executed and acknowledged by wireless provider and by all persons claiming through these standard terms, the telecom license agreement, any site permit, or wireless provider any interest in or right to use the use area. D. Removal of improvements. Wireless provider shall remove all communications equipment and restore the use area including pole, mast arms, luminaires, or wireless support structure to its prior condition, or to a condition matching the town’s surrounding land and improvements, as directed by the town, at wireless provider’s expense prior to normal expiration of the term of a telecom license agreement or site permit, or within 90 days after termination of a telecom license agreement or site permit for any other reason whatsoever. Without limitation, such work shall include revegetation and appropriate irrigation systems for revegetated areas. Notwithstanding anything in these standard terms to the contrary, the town may elect to require wireless provider to leave any or all construction or other items (except the communications equipment) in place, and all such items shall be owned by the town. Unless the town directs otherwise, all wiring, pipes and conduits shall be left in good and safe condition, in working order, with each end properly labeled and enclosed in proper junction boxes. E. Prior improvements. This article also applies to any improvements that wireless provider may have made to the use area. Marana Regular Council Meeting 01/16/2018 Page 539 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 45 of 63 1/2/2018 4:30 PM 12-8-17 Indemnity and insurance During the entire term of any telecom license agreement or site permit, wireless provider shall insure its property and activities at and about the use area and shall provide insurance and indemnification as follows: A. Insurance required. Not later than the date of the telecom license agreement, and at all times thereafter when wireless provider is occupying or using the use area in any way, wireless provider shall obtain and cause to be in force and effect the following insurance: 1. Commercial general liability. Commercial general liability insurance with a limit of $10,000,000 for each occurrence, a limit of $10,000,000 for products and completed operations annual aggregate, and a limit of $10,000,000 general aggregate limit per policy year. The policy shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, bodily injury, advertising injury, and liability assumed under an “insured contract” including the telecom license agreement. The policy will cover wireless provider’s liability under the indemnity provisions set forth in these standard terms. The policy shall contain a “separation of insured’s” clause. 2. Automobile liability. Automobile liability insurance with a limit of $1,000,000 for each occurrence covering any and all owned, hired, and non-owned vehicles assigned to or used in any way in connection with wireless provider’s use of the right-of-way. Without limitation, such insurance shall cover hazards of motor vehicle use for loading and off- loading. 3. Workers’ compensation. Such workers’ compensation and similar insurance as is required by law and employer’s liability insurance with a minimum limit of $100,000 for each accident, $100,000 disease for each employee, $500,000 policy limit for disease. All contractors and subcontractors must provide like insurance. 4. Special risk property. Unless waived by the town in writing, all risk property insurance covering damage to or destruction of all real and personal improvements to the right-of- way, including without limitation all improvements existing upon the right-of-way or constructed after the telecom license agreement or site permit is in effect, shall be effective and in force prior to the effective date of an approved telecom license agreement or site permit, in an amount equal to full replacement cost of all such improvements. The insurance shall be special causes of loss policy form (minimally including perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles, riot, civil commotion, theft, vandalism, malicious mischief, collapse and flood). Coverage shall include pollutant clean up and removal with minimum limits coverage of $50,000. 5. Other insurance. Any other insurance the town may reasonably require for the protection of the town and the town’s employees, officials, representatives, officers and agents (all of whom, including the town, are collectively “additional insureds”), the right-of-way, surrounding property, wireless provider, or the activities carried on or about the right-of-way. Such insurance shall be limited to insurance a reasonable person owning, leasing, designing, constructing, occupying, or operating similar facilities might reasonably purchase. Marana Regular Council Meeting 01/16/2018 Page 540 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 46 of 63 1/2/2018 4:30 PM B. Policy limit escalation. The town may elect by notice to wireless provider to increase the amount or type of any insurance to account for inflation, changes in risk, or any other factor that the town reasonably determines to affect the prudent amount of insurance to be provided. C. Form of all insurance. All insurance provided by wireless provider with respect to the right- of-way, whether required in these standard terms or not, shall meet the following requirements: 1. “Occurrence” coverage is required. 2. If wireless provider uses any excess insurance then such excess insurance shall be “follow form” equal to or broader in coverage than the underlying insurance. 3. Policies must also cover and insure wireless provider’s activities relating to the business operations and activities conducted away from the right-of-way. 4. Within five business days of receiving a written request from the town, wireless provider shall provide copies of insurance certificates, insurance policies, formal endorsements or other documentation acceptable to the town that all insurance coverage required herein is provided. 5. Wireless provider’s insurance shall be primary insurance with respect to claims arising out of wireless provider’s operations, activities and obligations set forth in these standard terms. 6. All policies, including workers’ compensation, shall waive transfer rights of recovery (subrogation) against the town, and the other additional insureds. 7. All deductibles, retentions, or “self-insured” amounts shall be subject to the following: a. Wireless provider shall be solely responsible for any self-insurance amount or deductible. b. Such amounts shall not exceed in total $100,000 per loss. At such times as wireless provider’s net worth is more than $100,000,000, such limit shall be $1,000,000. c. Any self-insured exposure shall be deemed to be an insured risk under the telecom license agreement. d. Wireless provider shall provide to the beneficiaries of all such amounts no less insurance protection than if such self-insured portion was fully insured by an insurance company of the quality and caliber required this section. e. The right to self-insure is limited and specific to wireless provider and does not extend to wireless provider’s contractors or others. 8. All policies except workers’ compensation must name the town and the other additional insureds as additional insureds. Wireless provider shall cause coverage for additional insureds to be incorporated into each insurance policy by endorsement with respect to claims arising out of wireless provider’s operations, activities and obligations under these standard terms. 9. All policies must require the insurer to provide the town with at least 30 days’ prior notice of any cancellation. The insurer’s duty to notify the town of changes in coverage Marana Regular Council Meeting 01/16/2018 Page 541 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 47 of 63 1/2/2018 4:30 PM shall not include phrases such as “endeavor to” or “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.” 10. All policies shall require that notices be given to the town in the manner specified for notices to the town set forth in these standard terms. D. Insurance certificates. Wireless provider shall evidence all insurance by furnishing to the town certificates of insurance annually and with each change in insurance coverage. Certificates must evidence that the policy described by the certificate is in full force and effect and that the policy satisfies each requirement of these standard terms applicable to the policy. For example, certificates must evidence that the town and the other additional insureds are additional insureds. Certificates must also be in an industry standard form reasonably acceptable to the town. Wireless provider shall provide updated certificates at the town’s request. E. Acceptable insurers. All insurance policies shall be issued by insurers acceptable to the town. At a minimum, all insurers shall be duly licensed (or qualified unlicensed non- admitted insurer) by the state of Arizona, department of insurance. At a minimum, all insurers shall have and maintain an A.M. Best, Inc. rating of B++ 6. F. No representation of coverage adequacy. By requiring insurance, the town does not represent that coverage and limits will be adequate to protect wireless provider. The town reserves the right to review any and all of the insurance policies and/or endorsements cited in these standard terms but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in these standard terms or failure to identify any insurance deficiency shall not relieve wireless provider from, nor be construed or deemed a waiver of, wireless provider’s obligation to maintain the required insurance at all times. G. Indemnity. In addition to all other indemnities and other obligations hereunder, to the fullest extent permitted by law, throughout the term of each telecom license agreement and site permit and until all obligations and performances under or related to these standard terms are satisfied and all matters described in this paragraph are completely resolved, wireless provider and all other persons using, acting, working or claiming through or for wireless provider (if they or their subcontractor, employee or other person or entity hired or directed by them participated in any way in causing the claim in question)) shall jointly and severally indemnify, defend and hold harmless the town and all other additional insureds for, from and against any and all claims or harm related to wireless provider’s use of the right-of-way or the rights granted to wireless provider with respect to the right-of-way or wireless provider’s exercise of its rights under these standard terms (the “indemnity”). Without limitation, the Indemnity shall include and apply to any and all allegations, demands, judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, obligations, suits, actions, claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment), damages, losses, expenses, penalties, fines or other matters (together with all attorney fees, court costs, and the cost of appellate proceedings and all other costs and expenses of litigation or resolving the claim) that may arise in any manner out of any use of the right-of-way or other property pursuant to any telecom license agreement or site permit or any actions, acts, errors, mistakes or omissions relating to work Marana Regular Council Meeting 01/16/2018 Page 542 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 48 of 63 1/2/2018 4:30 PM or services in the performance of or related to the telecom license agreement or site permit, including without limitation any injury or damages or cause of action claimed or caused by any employees, contractors, subcontractors, tenants, subtenants, agents or other persons upon or using the right-of-way or surrounding areas related to wireless provider’s exercise of its rights under the telecom license agreement, including without limitation, claims, liability, harm or damages caused in part by the town or any other additional insured or anyone for whose mistakes, errors, omissions or negligence wireless provider or the town may be liable. As a condition to the town’s approval of any telecom license agreement or site permit, wireless provider specifically agrees that to the extent any provision of this paragraph is not fully enforceable against wireless provider for any reason whatsoever, this paragraph shall be deemed automatically reformed to the minimal extent necessary to cause it to be enforceable to the fullest extent permitted by law. The indemnity shall also include and apply to any environmental injury, personal injury or other liability relating to wireless provider’s use of real property under each site permit. Notwithstanding the foregoing, the Indemnity does not apply to: 1. Claims arising only from the sole gross negligence or intentionally wrongful acts of the town. 2. Claims that the law prohibits from being imposed upon the indemnitor. H. Risk of Loss. Wireless provider assumes the risk of any and all loss, damage or claims related to wireless provider’s use of the right-of-way or other property of the town, wireless provider or third parties throughout the term of any telecom license agreement or site permit. Wireless provider shall be responsible for any and all damage to its property and equipment related to these standard terms. I. Insurance to be provided by others. Wireless provider shall cause its contractors or other persons occupying, working on or about, or using the right-of-way pursuant to these standard terms to be covered by their own or wireless provider’s insurance as required by these standard terms. The required policy limits for commercial general liability insurance provided by such persons shall be $1,000,000 for each occurrence, $1,000,000 for products and completed operations annual aggregate, and $2,000,000 general aggregate limit per policy year. This paragraph does not apply to persons who do not actually perform physical labor in the right-of-way (such as wireless provider’s consulting design engineers). 12-8-18 Condemnation This section governs any condemnation of any part of or interest in the use area and any conveyance to the town or another condemnor in avoidance or settlement of condemnation or a threat of condemnation. A. Termination for condemnation. The site permit for the use area shall terminate on the date that is the earlier of the date title vests in the condemnor, or the date upon which the condemnor is let into possession. Notwithstanding the foregoing, if the town reasonably determines that the use area continues to be suitable for wireless provider to conduct the permitted uses, the town may elect to cause the site permit to continue to remain in effect as to the part of the use area not taken and the use fee shall not be reduced or abated. Nevertheless, if wireless provider reasonably determines that the use area is not suitable for wireless provider to conduct the permitted uses, then the site permit for that use area shall Marana Regular Council Meeting 01/16/2018 Page 543 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 49 of 63 1/2/2018 4:30 PM terminate when wireless provider gives written notice to the town engineer of the site permit termination. B. Condemnation proceeds. Wireless provider hereby assigns and transfers to the town wireless provider’s entire interest in all condemnation damages, interest, severance damages, and any other payments or proceeds of any kind relating to the condemnation (collectively the “condemnation proceeds”). Wireless provider shall execute and deliver to the town assignments or other instruments requested by the town confirming such assignment and transfer. Wireless provider shall immediately pay to the town any condemnation proceeds wireless provider may receive. The condemnation proceeds shall not include relocation benefits, if any, awarded specifically to wireless provider to cover expenses of relocating wireless provider’s business located at the use area at the time of the condemnation, or any compensation specifically awarded to wireless provider for any taking of the communications equipment itself. Any repair, relocation or similar costs relating to the communications equipment shall be borne by wireless provider. C. Power to condemn. Wireless provider acknowledges that the town and others from time-to- time may use the power to condemn the use area or any interest in it. The town has not relinquished any right of condemnation or eminent domain over the use area. The town does not warrant that the town will not condemn the use area during the term of the site permit, but (unless the town’s representatives state otherwise at the time of the site permit issuance) the town represents by its issuance of the site permit that it does not presently have intentions to condemn the use area. 12-8-19 Damage to or destruction of the use area This section governs damage to or destruction of the use area by fire, flood, explosion, the elements, the public enemy, or other casualty (collectively “casualty damage”): A. Damage to wireless provider’s improvements. Wireless provider shall commence restoring the casualty damage to wireless provider’s improvements within 30 days after any casualty damage occurs. Wireless provider shall complete the restoration work within 30 days after commencement. The work shall be subject to the plans approval process and all other requirements for wireless provider’s improvements. Wireless provider shall perform all restoration work at wireless provider’s sole cost and expense. B. Monthly restoration work report. Wireless provider shall provide to the town no later than the tenth day of each month a written narrative report of the progress of the restoration work. 12-8-20 Wireless provider’s records During the entire term of any telecom license agreement or site permit, wireless provider shall keep records and provide information to the town as provided in this section. A. Scope of information. Unless otherwise specified, all of wireless provider’s recordkeeping and disclosure obligations under this article are limited to the following (collectively the “covered information”): 1. The status of the construction, repair or restoration of wireless provider improvements. Marana Regular Council Meeting 01/16/2018 Page 544 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 50 of 63 1/2/2018 4:30 PM 2. Information indicating whether the town or wireless provider is in compliance with the terms herein. 3. Records inspection. At wireless provider’s expense, wireless provider shall: 4. Permit and assist the town and its representatives upon 21 days’ notice to inspect, audit, and copy wireless provider’s records of covered information. 5. Make the records of covered information (and reasonable accommodations for the town’s audit and inspection) available to the town at wireless provider’s Arizona offices. 6. Cause wireless provider’s employees and agents and accountants to give their full cooperation and assistance in connection with the town’s access to the covered information. B. Record retention. Wireless provider shall preserve records of the covered information in a secure place at wireless provider’s corporate headquarters in the continental United States for a period ending seven years after the time period reported by the records. C. Record media included. The town’s and wireless provider’s rights and obligations regarding the covered information apply regardless of the type of media, materials, or data repositories that may contain the covered information. The town shall have access to covered information contained, without limitation, in records, books, papers, documents, recordings, computer data, contracts, logs, notes, ledgers, correspondence, reports, drawings, and memoranda, and any and all other sources, records and repositories of covered information. D. Reports. Wireless provider shall deliver to the town written reports (and, if requested by the town, a presentation to the town’s governing council or designee) covering such covered information as the town may request from time to time. The town shall not request such reports more often than once in any 12-month period. E. Standards for records. Wireless provider shall maintain a standard, modern system of recordkeeping for the covered information and shall keep and maintain proper and accurate books and other repositories of information relating to the covered information. 12-8-21 Compliance with law Wireless provider shall perform its obligations under these standard terms in accordance with all federal, state, county and local laws, ordinances, regulations or other rules or policies as are now in effect or as may hereafter be adopted or amended. Without limiting in any way the generality of the foregoing, wireless provider shall comply with all and each of the provisions set forth in this section. A. Applicability of municipal law. Without limitation, wireless provider shall comply with municipal laws as follows: 1. Wireless provider acknowledges nothing set forth in this chapter 12-8 or in the telecom license agreement or any site permit constitutes, and the town has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to wireless provider with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the Marana Regular Council Meeting 01/16/2018 Page 545 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 51 of 63 1/2/2018 4:30 PM town or any other governmental body upon or affecting wireless provider, the use area, or the right-of-way or wireless provider’s use of the use area, or the right-of-way. 2. All of wireless provider’s obligations hereunder are in addition to, and cumulative upon (and not to any extent in substitution or satisfaction of), all existing or future laws and regulations applicable to wireless provider. 3. The town, by entering into the telecom license agreement or issuing a site permit, cannot and has not relinquished or limited any right of condemnation or eminent domain over the use area or any other property related to these standard terms or within the right-of- way. 4. A telecom license agreement or site permit cannot and does not impair the town’s, power to enact, apply or enforce any laws or regulations, or exercise any governmental powers affecting in any way wireless provider, any use area, or the right-of-way. 5. The town’s rights and remedies under the telecom license agreement and any site permit for wireless provider’s failure to comply with all applicable laws supplement and are in addition to and do not replace otherwise existing powers of the town or any other governmental body. 6. Wireless provider’s rights under the telecom license agreement and any site permit are further subject to all present and future building restrictions, regulations, zoning laws, and all ordinances, resolutions, rules and orders of all bodies, bureaus, commissions and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction over any use area or wireless provider’s use of any use area. Wireless provider shall comply with all of the foregoing. B. Radio frequency compliance requirements. Wireless provider shall document, report and confirm its compliance with FCC radio frequency exposure guidelines (FCC OET bulletin 65) and all other FCC rules as follows: 1. Wireless provider shall cause its senior internal engineer responsible for compliance with the FCC rules to deliver to the town a letter attesting that wireless provider’s operation of the communications equipment is in compliance with the FCC rules. A statement from wireless provider declaring exemption from reporting to FCC is not acceptable to comply with the requirements of this paragraph. 2. Wireless provider shall maintain records of radio frequency measurements and communications equipment performance in accordance with the FCC rules. 3. Wireless provider shall also evidence and demonstrate its compliance with the FCC rules in such manner and at such intervals as the town code and other applicable laws and regulations may mandate. C. Government property lease excise tax. Wireless provider shall be responsible for any and all property taxes and all government property lease excise taxes described in A.R.S. § 42-6201 et seq. or similar laws in force from time to time. Pursuant to A.R.S. § 42-6206, failure by wireless provider to pay the taxes after notice and an opportunity to cure is an event of default that could result in divesting wireless provider of any interest in or right of occupancy of the use area. Marana Regular Council Meeting 01/16/2018 Page 546 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 52 of 63 1/2/2018 4:30 PM D. Use area regulations. The town reserves the right to adopt, amend and enforce against wireless provider rules and regulations governing the operation of the right-of-way, including the use area, wireless provider’s activities on them, and the public areas and facilities used by wireless provider in connection with them. E. Taxes, liens and assessments. In addition to all other amounts provided in this chapter 12-8 and in the telecom license agreement and any site permit, and to the extent consistent with applicable law, wireless provider shall pay, when they become due and payable, all taxes and general and special fees, charges and assessments of every description that during the term of any telecom license agreement or site permit may be levied upon or assessed upon or with respect to wireless provider’s use of the right-of-way, the operations conducted there, any amounts paid or other performances required by these standard terms by either party, and all possessory interest in the right-of-way and wireless provider’s improvements and other property located there. Wireless provider shall pay, indemnify, defend and hold harmless the town from any and all obligations, including any interest, penalties and other expenses which may be imposed, and from any lien or sale or other proceedings to enforce their payment. F. Permits. Nothing in these standard terms relieves wireless provider of the obligation to obtain permits, licenses and other approvals from the town or other units of government that are required for the erection, construction, reconstruction, installation, operation or maintenance of the communications equipment or provision of telecommunications services; or from compliance with applicable municipal codes, ordinances, laws and policies, such as zoning and land use ordinances and regulations, pavement cut and restoration ordinances and regulations, subdivision and project improvement ordinances, curb cut permits, building permits, right-of-way permits and the like. 12-8-22 Assignment Telecom license agreements and site permits are not assignable by wireless provider (and any assignment shall be void and vest no rights in the purported assignee) unless the assignment is made in strict compliance with the requirements of this section. A. Assignments affected. Every assignment of any of wireless provider’s interest in the right- of-way, the telecom license agreement, any site permit, or any of wireless provider’s rights or interests under this chapter 12-8 is prohibited unless wireless provider first receives from the town notice of the town’s consent to the assignment. The town’s consent to assignment shall not be unreasonably withheld, conditioned, or delayed. All references in these standard terms to assignments by wireless provider or to assignees shall be deemed also to apply to all of the following transactions, circumstances and conditions and to all persons claiming pursuant to such transactions, circumstances and conditions: 1. Any voluntary or involuntary assignment, conveyance or transfer of wireless provider’s right to use the right-of-way under the telecom license agreement or any site permit, or any interest or rights of the town under the telecom license agreement or any site permit, in whole or in part. 2. Any voluntary or involuntary pledge, lien, mortgage, security interest, judgment, claim or demand, whether arising from any contract, any agreement, any work of Marana Regular Council Meeting 01/16/2018 Page 547 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 53 of 63 1/2/2018 4:30 PM construction, repair, restoration, maintenance or removal, or otherwise affecting wireless provider’s rights to use the right-of-way (collectively “liens”). 3. Any voluntary or involuntary assignment by wireless provider of any interest in the telecom license agreement or any site permit for the benefit of creditors. 4. A wireless provider insolvency. 5. The occurrence of any of the foregoing by operation of law or otherwise. 6. The occurrence of any of the foregoing with respect to any assignee or other successor to wireless provider. B. Pre-approved assignments. Subject to certain conditions hereafter stated, the town hereby consents to certain assignments (the “pre-approved assignments”). Only the following assignments are pre-approved assignments: 1. Complete assignment of telecom license agreement and site permits. Wireless provider’s complete assignment of all of wireless provider’s rights and interests in the telecom license agreement, site permits, and associated use areas to a single assignee who meets all of the following requirements, as determined by the town in the town’s reasonable discretion (a “qualified operator”): a. The assignee has experience, management, credit standing and financial capacity and other resources equal to or greater than wireless provider’s and adequate to successfully perform the obligations set forth herein. b. The assignee is experienced in the management and operation of similar projects. c. The assignee assumes all of wireless provider’s obligations under the telecom license agreement and site permits. d. The assignee has a net worth of not less than $50,000,000. 2. Stock transfers. The transfer of publicly traded stock, regardless of quantity. 3. Merger. The merger or consolidation of wireless provider with another entity that is a qualified operator. 4. Common ownership transfer. Wireless provider’s complete assignment of all of wireless provider’s rights and interests in the telecom license agreement, site permits, and associated use areas to single assignee who is and remains a wholly owned subsidiary of wireless provider’s sole owner as of the date of the telecom license agreement (or a wholly owned subsidiary of a wholly owned subsidiary of wireless provider’s sole owner as of the date of the telecom license agreement). C. Limitations on assignments. The town’s consent to any assignment, including without limitation, pre-approved assignments, is not effective until the following conditions are satisfied: 1. Except for the sale of stock, wireless provider shall provide to the town a summary of provisions of the transaction documents assigning its interests. 2. Each assignee must execute an assumption of the telecom license agreement and site permits in substantially the form set forth in section 12-8-26 (Forms). Marana Regular Council Meeting 01/16/2018 Page 548 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 54 of 63 1/2/2018 4:30 PM 3. Each pre-approved assignment must satisfy all other requirements of these standard terms pertaining to assignments. D. Assignment remedies. Any assignment without the town’s consent shall be void and shall not result in the assignee obtaining any rights or interests. The town may, in its sole discretion and in addition to all other remedies available to the town under these standard terms or otherwise, and in any combination, terminate the telecom license agreement and any and all site permits, collect use fee from the assignee and/or declare the assignment to be void, all without prejudicing any other right or remedy of the town under these standard terms. No cure or grace periods shall apply to assignments prohibited under these standard terms or to enforcement of any provision under these standard terms against an assignee who did not receive the town’s consent. E. Effect of assignment. Prior to any assignment, each assignee must execute an assumption of the telecom license agreement and each site permit in the form set forth in section 12-8-25. No action or inaction by the town shall be deemed a waiver of the prohibition on assignments or any other provision herein, or the acceptance of the assignee, wireless provider or occupant as wireless provider, or a release of wireless provider from the further performance by wireless provider of the provisions of the telecom license agreement or any site permit. Consent by the town to an assignment shall not relieve wireless provider from obtaining the town’s consent to any further assignment. No assignment shall release wireless provider from any liability under this chapter 12-8 or the telecom license agreement. F. Enforceability after assignment. No consent by the town shall be deemed to be a novation. The town’s consent to any assignment does not in any way expand or modify the terms set forth in these standard terms or waive, diminish or modify any of the town’s rights or remedies under the telecom license agreement or any site permit. The terms set forth in these standard terms shall be enforceable against wireless provider and each successor, partial or total, and regardless of the method of succession, to wireless provider’s interest under this chapter 12-8 or the telecom license agreement. Each successor having actual or constructive notice of the telecom license agreement or any site permit shall be deemed to have agreed to the preceding sentence. G. Grounds for refusal. Except for the pre-approved assignments, no assignment of any telecom license agreement or site permit by wireless provider is contemplated or bargained for. Without limitation, the town has the right to impose upon any consent to assignment such conditions and requirements as the town may deem appropriate. H. Consent to assignments. Wireless provider shall attach to each pre-approved assignment a copy of wireless provider’s notice to the town of the pre-approved assignment and other required documents, wireless provider shall attach to each other assignment, a copy of the town’s notice to wireless provider of the town’s consent to the assignment. These standard terms shall continue to be enforceable according to its terms in spite of any provisions of any documents relating to an assignment. I. Assignment fee. Wireless provider shall pay to the town in advance a nonrefundable fee in an amount set forth in the town’s comprehensive fee schedule adopted by the council and amended from time to time for legal, administrative and other expenses related to every pre-approved assignment of any license agreement or site permit (other than the sale of Marana Regular Council Meeting 01/16/2018 Page 549 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 55 of 63 1/2/2018 4:30 PM publicly traded stock) or to any request for a consent to assignment, whether or not the town grants the request. 12-8-23 Miscellaneous The additional provisions set forth in this section apply to each and every telecom license agreement and site permit. A. Amendments. These standard terms may not be amended except by a formal writing executed by all of the parties. B. Dates. Any reference to a year shall refer to a calendar year unless a fiscal year is specifically stated. Sunday, Saturday and Arizona legal holidays are holidays. C. Time of essence. Time is of the essence of each and every provision of this chapter 12-8, the telecom license agreement, and any site permit. D. Severability. If any provision of these standard terms shall be ruled by a court or agency of competent jurisdiction to be invalid or unenforceable for any reason, then: 1. The invalidity or unenforceability of the provision shall not affect the validity of any remaining provisions of these standard terms. 2. These standard terms shall be automatically reformed to secure to the parties the benefits of the unenforceable provision, to the maximum extent consistent with law. E. Conflicts of interest. No officer, representative or employee of the town shall have any direct or indirect interest in the telecom license agreement or any site permit, or participate in any decision relating to any telecom license agreement or site permit that is prohibited by law. F. No partnership. The transactions and performances contemplated hereby shall not create any sort of partnership, joint venture or similar relationship between the parties. G. Nonliability of officials and employees. No official, representative or employee of the town shall be personally liable to any party, or to any successor in interest to any party, in the event of any default or breach by the town or for any amount which may become due to any party or successor, or with respect to any obligation of the town or otherwise under the terms of the telecom license agreement or any site permit, or in any way related to the telecom license agreement or any site permit. H. Notices. Notices under this chapter 12-8 and under the telecom license agreement and any site permit shall be given in writing delivered to the other party or mailed by registered or certified mail, return receipt requested, postage prepaid to the addresses set forth in the telecom license agreement and to the town as follows: If to the town: Town engineer Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a copy to: Town attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Marana Regular Council Meeting 01/16/2018 Page 550 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 56 of 63 1/2/2018 4:30 PM By notice from time to time, a person may designate any other street address within Pima County, Arizona as its address for giving notice under this chapter 12-8 and under the telecom license agreement. Service of any notice by mail shall be deemed to be complete three days (excluding Saturday, Sunday and legal holidays) after the notice is deposited in the United States mail. I. Construction. Whenever the context of these standard terms requires herein the singular shall include the plural, and the masculine shall include the feminine. J. Funding. This subparagraph shall control notwithstanding any provision of the telecom license agreement or any exhibit or other agreement or document related to it. If funds necessary to fulfill the town’s obligations under the telecom license agreement or any site permit are not appropriated by the town council, the town may terminate the telecom license agreement and/or any site permit, by notice to wireless provider. The town shall use best efforts to give notice of termination to wireless provider at least 30 days prior to the end of the town’s then current fiscal period. Termination in accordance with this provision shall not constitute a breach of the telecom license agreement or site permit by the town. No person will be entitled to any compensation, damages or other remedy from the town for the termination of a telecom license agreement or site permit pursuant to the terms of this subsection. K. No third party beneficiaries. No person or entity shall be a third party beneficiary to the telecom license agreement or shall have any right or cause of action hereunder. The town shall have no liability to third parties for any approval of plans, wireless provider’s construction of improvements, wireless provider’s negligence, wireless provider’s failure to comply with the provisions of these standard terms (including any absence or inadequacy of insurance required to be carried by wireless provider). L. Exhibits. All exhibits specifically stated to be attached to this chapter 12-8 or to the telecom license agreement are hereby incorporated into and made an integral part of the telecom license agreement for all purposes. M. Attorneys’ fees. If any action, suit or proceeding is brought by either party to enforce the telecom license agreement or any site permit, or for failure to observe any of the covenants of the telecom license agreement or site permit, or to vindicate or exercise any rights or remedies under the telecom license agreement or any site permit, the prevailing party shall be entitled to recover from the other party the prevailing party’s reasonable attorneys’ fees and other reasonable litigation costs (as determined by the court, and not a jury). N. Approvals and inspections. All approvals, reviews and inspections by the town are for the town’s sole benefit and not for the benefit of wireless provider, its contractors, engineers or other consultants or agents, or any other person. O. Legal workers. If and to the extent A.R.S. § 41-4401 is applicable, wireless provider shall comply with laws regarding workers as follows: 1. Wireless provider warrants to the town that wireless provider and all its subcontractors will comply with all federal immigration laws and regulations that relate to their employees and that wireless provider and all its subcontractors now comply with the e- verify program under A.R.S. § 23-214(A). This is referred to in these standard terms as the “immigration warranty.” Marana Regular Council Meeting 01/16/2018 Page 551 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 57 of 63 1/2/2018 4:30 PM 2. A breach of the immigration warranty by wireless provider shall be deemed a material breach of the telecom license agreement and any issued site permit that is subject to penalties up to and including termination of the telecom license agreement and site permit. 3. The town retains the legal right to inspect the papers of any employee of wireless provider or any subcontractor who works on a use area pursuant to the telecom license agreement and any issued site permit to ensure that they or the subcontractor is complying with the immigration warranty. 4. The town may conduct random verification of wireless provider’s and its subcontractors’ employment records to ensure compliance with the immigration warranty. 5. Wireless provider shall indemnify, defend and hold the town harmless for, from and against all losses and liabilities arising from any and all violations of the immigration warranty. 12-8-24 Town engineer authorization A. The town engineer is hereby authorized to sign telecom license agreements and other documents in form substantially conforming to those set forth in section 12-8-26 (Forms). B. The town council shall review and approve any telecom license agreement with a wireless provider containing different or additional terms than those authorized by this chapter (see A.R.S. § 9-592 (F)). 12-8-25 Exhibits The following exhibits are incorporated by reference into this chapter 12-8. [See separate PDF of exhibits, adopted as Exhibit C to Marana Resolution No. 2018-004.] 12-8-26 Forms A. Forms shall substantially conform to those set forth in this section, with such revisions as may be approved as to substance by the town manager and town engineer and approved as to form and legality by the town engineer. B. Form of telecom license agreement. TOWN OF MARANA RIGHT-OF-WAY TELECOM LICENSE AGREEMENT THIS TELECOM LICENSE AGREEMENT is granted by the TOWN OF MARANA (the “Town”), an Arizona municipal corporation; in favor of _________________________________ (the “Wireless Provider”). The Town and Wireless Provider are each sometimes referred to as a “Party” and together referred to as the “Parties.” RECITALS The Town owns and controls public right-of-way within the town limits of the Town of Marana. Marana Regular Council Meeting 01/16/2018 Page 552 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 58 of 63 1/2/2018 4:30 PM Wireless Provider desires to install and operate wireless telecommunications receiving, processing and transmitting devices and related electronic equipment (the “Communications Equipment”) in the public right-of-way in accordance with the Standard Terms, this Telecom License Agreement, and the terms of one or more Site Permits issued by the Town. Wireless Provider has obtained or is in the process of seeking from the Town one or more right-of-way permits pursuant to Marana Town Code Chapter 12-7 (Construction in town rights-of-way) (the “Street Code”), each of which is referred to in this Telecom License Agreement as a “Site Permit” for a specifically described parcel of Town right- of-way referred to in the Site Permit and in this Telecom License Agreement as a “Use Area.” LICENSE NOW,THEREFORE, in consideration of the foregoing recitals, which are incorporated into this License as though fully restated here, and the mutual covenants set forth in this License, the Parties hereby agree as follows: Incorporation of Standard Terms. Marana Town Code Chapter 12-8 (Wireless communication facilities in the right-of-way) sets out the various recitals and provisions (collectively the “Standard Terms”) of this Telecom License Agreement, and is incorporated by reference as if set forth in full in this Telecom License Agreement. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT WIRELESS PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE STANDARD TERMS. Capitalized terms used but not defined in this Telecom License Agreement shall have the meanings assigned by the Standard Terms. License. The Town hereby authorizes the Wireless Provider to use the Use Area of each Site Permit in conformance with this Telecom License Agreement and all applicable local, state, and federal laws and regulations. Use of Use Area. Wireless Provider may use the Use Area for the installation of the particular Communications Equipment in the particular configuration all as described in the Boundary Plan and other supporting materials submitted by the Wireless Provider for the Site Permit. Term; modification, termination, assignment, etc. This Telecom License Agreement is issued for an initial term of ten years, and its term, modification, termination, assignment, and other terms, conditions, and provisions are set forth in the Standard Terms. Notices.Any notice, request, demand, consent, approval, waiver or other communication, herein individually and collectively referred to as “notice”, which may be or is required to be given by a Party under this License or by law to the other Party shall be in writing and shall be either personally delivered to the Party or shall be sent by: (i) registered or certified mail, postage paid by sender, return receipt requested; or (ii) overnight courier service (such as FedEx). Said notice shall be deemed received Marana Regular Council Meeting 01/16/2018 Page 553 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 59 of 63 1/2/2018 4:30 PM upon the earlier of: (i) personal delivery; (ii) if mailed, the date of posting by the United States Post Office or overnight courier service. Notices shall be sent to the other Parties at the following addresses: TOWN:TOWN OF MARANA 11555 W. Civic Center Drive Marana, Arizona 85653 WIRELESS PROVIDER: [Insert name] [Address] [City/State/Zip] Change of address. Notice of change of any Party’s address shall be given promptly by written notice in any method described in paragraph 0 (“Notices”) of this Telecom License Agreement. In the event any notice is rejected, refused, returned, or otherwise not received as a result of failure of a Party to give adequate notice of changed address, the notice shall nevertheless be deemed received. Recording. The Town shall record this License in the office of the Pima County Recorder after it has been executed by the Parties. Conflicts. This License is subject to A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this License effective as of the last Party’s signature date below. Marana Regular Council Meeting 01/16/2018 Page 554 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 60 of 63 1/2/2018 4:30 PM The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Town Engineer Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The “Wireless Provider”: [NAME OF ENTITY], a [type and state of entity] By: Its: Date: STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this _____ day of , 20____ by , the of [WIRELESS PROVIDER’S NAME], a [Wireless Provider’s entity type and state], on behalf of the [corporation/LLC]. (Seal) Notary Public C. Form of letter of credit. Date ____________________, 20__ Letter of credit no.:______________ Town Engineer Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Dear Sir or Madam: Marana Regular Council Meeting 01/16/2018 Page 555 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 61 of 63 1/2/2018 4:30 PM We hereby establish our clean, unconditional and irrevocable letter of credit in your favor at the request and for the account of ___________________________________________________ in the aggregate amount of _____________________________________ ($________________), available upon presentation of your draft in the form attached hereto as Schedule 1. We will honor each draft presented to us in compliance with the terms of this letter of credit. Partial draws are permitted. Each draft must be accompanied by a copy of this letter of credit. Within ten days after we honor your draft, you must make the original of this letter of credit available to us in Pima County, Arizona upon which we may endorse our payment. Drafts may be presented by any of the following means: 1. By telefax to (_____) _____-__________. 2. By email to _____________________________________________________. 3. By hand or overnight courier service delivery to: [This address must be in Pima County, Arizona.] _________________________ _________________________ _________________________ 4. By hand or overnight courier service delivery to: [This address need not be in Pima County, Arizona] _________________________ _________________________ _________________________ This letter of credit is valid until _______________________, 20____ and shall thereafter be automatically renewed for successive one year periods, unless at least 120 days prior to expiration we notify you in writing, by either registered or certified mail, that we elect not to renew the letter of credit for such additional period. In the event of such notification, any then unused portion of the letter of credit shall be available upon your presenting to us your draft on or before then current expiration date. This letter of credit is subject to the UCP600. This letter of credit is not assignable. _____________ [bank name] _____, a _______________ By ___________ [bank officer’s signature] _____________ ___________ [bank officer’s name printed] ___________ Its __________ [bank officer’s title] __________________ Phone: ___ [bank officer’s phone number] _________ D. Form of draft on letter of credit To: _____________________ _____________________ _____________________ From: Town Engineer Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Date: ___________________, 20_____ Marana Regular Council Meeting 01/16/2018 Page 556 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 62 of 63 1/2/2018 4:30 PM Ladies and Gentlemen: Pursuant to your Credit No. ___________________, the Town of Marana hereby demands cash payment in the amount of ________________________________________________ ($________________). Please make your payment to the town of Marana in the form of a wire deposit to: _____________________ _____________________ _____________________ _____________________ If the deposit cannot be accomplished immediately for any reason, please make your payment in the form of a cashier’s check issued by your institution and delivered to me at the address listed above. I certify that I am the Town Engineer of the Town of Marana. If there is any imperfection or defect in this draft or its presentation, please inform me immediately at (520) 382-2600 so that I can correct it. Also, please immediately notify the town Attorney at (520) 382-1940. Thank you. _____________________________________________ Town Engineer, Town of Marana E. Form of assumption of telecom license agreement and antenna site right-of-way permit ASSUMPTION OF TELECOM LICENSE AGREEMENT AND ANTENNA SITE RIGHT-OF-WAY PERMIT This assumption is made pursuant to Marana Town Code section 12-8-22 (Assignment) incorporated by reference into of the telecom license agreement and site permit(s) issued by the Town of Marana, an Arizona municipal corporation (“the town”) to _________________________, a _________________________ (“wireless provider”), and particularly described as follows: Telecom license agreement no._________________ dated ________________, 20____. Site permit no._____________________ dated _________________, 20____. Site permit no._____________________ dated _________________, 20____. [Add as needed] __________________________, a __________________________ (“Assignee”), having acquired the rights of the wireless provider under the telecom license agreement and site permit(s) listed above, hereby assumes the telecom license agreement and site permit(s), agrees to be bound by them, and obligates itself to perform the terms and conditions of the telecom license agreement and site permit(s) and all standard terms incorporated by reference in them, all in favor of the town. The person signing this document on behalf of Assignee warrants to the town his or her authority to do so. Dated: ______________________, 20_______ Marana Regular Council Meeting 01/16/2018 Page 557 of 774 00055207.DOCX /2 Exhibit A to Marana Resolution No. 2018-004 63 of 63 1/2/2018 4:30 PM ASSIGNEE: _________________________________, a _______________________________ By: Its: STATE OF _________________ ) ) ss. County of _______________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20__, by ___________, _____________ of _____________, a _______________. Notary Public (Seal) [Chapter 12-9 remains unchanged] Marana Regular Council Meeting 01/16/2018 Page 558 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0041 of 18 1/2/2018 4:43 PM TITLE 17. LAND DEVELOPMENT CODE [Chapters 17-1 through 17-17 remain unchanged] CHAPTER 17-18. WIRELESS COMMUNICATION FACILITIES [The following table of contents is included for convenience only and will not appear in the published Town Code] 17-18-1 Purpose..............................................................................................................................1 17-18-2 Definitions.........................................................................................................................2 17-18-3 Applicability; exemptions...............................................................................................3 17-18-4 Permits required; approval authority...........................................................................4 17-18-5 Permit application............................................................................................................4 17-18-6 Development standards..................................................................................................6 17-18-7 Design and aesthetic standards .....................................................................................8 17-18-8 Public notice and hearing requirements.....................................................................11 17-18-9 Required findings for approval ...................................................................................11 17-18-10 Standard conditions of approval.................................................................................12 17-18-11 Notice of decision; appeals...........................................................................................14 17-18-12 Permit renewal...............................................................................................................15 17-18-13 Permit revocation...........................................................................................................15 17-18-14 Facility abandonment or discontinuation; relocation; removal..............................15 17-18-15 Transfers involving a wireless facility or permit.......................................................17 17-18-16 Limited exemption from standards.............................................................................17 17-18-17 Independent consultant review...................................................................................17 17-18-18 Obligation to comply with this chapter......................................................................18 17-18-1 Purpose A. The purpose of this chapter is to reasonably regulate, to the extent permitted by state and federal law, the installation, operation, collocation, modification and removal of wireless facilities in the town in a manner that protects and promotes public health, safety and welfare, and balances the benefits that flow from robust wireless services with the unique and historic character, aesthetics, and local values of the town. B. This chapter does not intend to, and shall not be interpreted or applied to: 1. Prohibit or effectively prohibit personal wireless services; or 2. Unreasonably discriminate among providers of functionally equivalent personal wireless services; or 3. Regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of RF emissions to the extent that such emissions comply with all applicable FCC regulations; or 4. Prohibit or effectively prohibit any collocation or modification that the town may not deny under state or federal law; or 5. Preempt any applicable state or federal law. Marana Regular Council Meeting 01/16/2018 Page 559 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0042 of 18 1/2/2018 4:43 PM C. Wireless communication facilities located in the public right-of-way are subject to the requirements set forth in town code chapter 12-8 (wireless communication facilities in the right-of-way). 17-18-2 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. A. “ACC” means the Arizona corporation commission or its successor agency. B. “Antenna” means a device used to transmit and/or receive radio or electromagnetic waves. Examples include, but are not limited to, panel antennas, directional antennas, microwave dishes and whip (omni-directional) antennas. C. “Approval authority” means the public body or official responsible for review of permit applications and vested with the authority to approve or deny them. The approval authority for a project which requires a conditional use permit refers to the planning commission, except that the approval authority refers to the council if the commission’s decision is appealed to the council. The approval authority for a project which requires an administrative wireless facilities permit or for a project which qualifies as a section 6409(a) modification refers to the planning director. D. “Array” means one or more antennas mounted at approximately the same level above ground on tower or base station. E. “Base station” means the same as defined in 47 CFR § 1.40001(b)(1), as may be amended. F. “Collocation” means the same as defined in 47 CFR § 1.40001(b)(2), as may be amended. G. “Distributed antenna system” or “DAS” means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A DAS also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services. H. “Eligible facilities request” means the same as defined in 47 CFR § 1.40001(b)(3), as may be amended. I. “Eligible support structure” means the same as defined in 47 CFR § 1.40001(b)(4), as may be amended. J. “Existing” means the same as defined in 47 CFR § 1.40001(b)(5), as may be amended. K. “Facility” means an installation used to transmit signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities. L. “FCC” means the federal communications commission, its designated representative, or its lawful successor. M. “Monopole” means the same as defined in A.R.S. § 9-591 paragraph 13, as may be amended. Marana Regular Council Meeting 01/16/2018 Page 560 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0043 of 18 1/2/2018 4:43 PM N. “OTARD antenna” means antennas covered by the “over-the-air reception devices” rule in 47 CFR §§ 1.4000 et seq., as may be amended. O. “Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended. P. “Personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended. Q. “Radome” means a weatherproof enclosure, typically constructed from fiberglass or plastic material, that protects and conceals an antenna or antennas contained inside. R. “RF” means radio frequency. S. “Right-of-way” means the same as defined in A.R.S. § 9-591 paragraph 18, as may be amended. T. “Section 6409(a)” means section 6409(a) of the middle class tax relief and job creation act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. U. “Section 6409(a) modification” means any eligible facilities request that does not cause a substantial change and that is submitted for approval pursuant to section 6409(a) and the FCC’s regulations at 47 CFR § 1.40001 et seq. V. “Site” means the same as defined in 47 CFR § 1.40001(b)(6), as may be amended. W. “Small wireless facility” means the same as defined in A.R.S. § 9-591 paragraph 19, as may be amended. X. “Substantial change” means the same as defined in 47 CFR § 1.40001(b)(7), as may be amended. Y. “Tower” means the same as defined in 47 CFR § 1.40001(b)(9), as may be amended. Includes monopole and wireless support structure. Z. “Transmission equipment” means the same as defined in 47 CFR § 1.40001(b)(8), as may be amended. AA. “Utility pole” means the same as defined in A.R.S. § 9-591 paragraph 21, as may be amended. BB. “Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum. CC. “Wireless support structure” means the same as defined in A.R.S. § 9-591 paragraph 27, as may be amended. 17-18-3 Applicability; exemptions A. This chapter applies to all new facilities and all modifications to existing facilities for which a permit is issued after the effective date of this chapter, unless the facility qualifies for an exemption. B. Conflicts. 1. With respect to wireless communication facilities in the right-of-way, the provisions in town code chapter 12-8 shall apply in the event of a conflict with this chapter. Marana Regular Council Meeting 01/16/2018 Page 561 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0044 of 18 1/2/2018 4:43 PM 2. In all other situations, the provision included in this chapter shall apply where conflicts exist between this chapter and the remainder of the town code. C. This chapter does not apply to the following: 1. Amateur radio facilities 2. OTARD antennas 3. Facilities owned and operated by the town for its use 17-18-4 Permits required; approval authority A. Section 6409(a) permit. All section 6409(a) modifications are subject to review and approval or denial of a section 6409(a) permit by the planning director in accordance with this chapter. Section 6409(a) modifications do not require an administrative wireless facilities permit; provided, however that section 6409(a) modifications must comply with all prior conditions of approval related to concealment or reasonably related to public health and safety. B. Exempt small wireless facilities in the right-of-way. Collocation of small wireless facilities within a right-of-way that are exempt from zoning pursuant to A.R.S. § 9-592 (I) or (J) do not require a conditional use permit or other zoning approval, but are subject to the requirements set forth in town code chapter 12-8. C. Administrative wireless facilities permit. A new facility, collocation or modification to an existing facility is subject to the planning director’s approval of an administrative wireless facilities permit, and not subject to a conditional use permit, when all the following criteria are met: 1. The proposed project is not a section 6409(a) modification 2. The proposed project qualifies as a design listed in section 17-18-6 A. 2 through 17-18- 6 A. 3 below; specifically, a. A collocation on an existing base station outside the right-of-way, b. A collocation on a tower outside the right-of-way, or c. A collocation on an eligible support structure or utility pole in the right-of-way that is not exempt from zoning (see paragraph 17-18-4 B above). 3. The proposed project will not require any limited exemption pursuant to section 17-18- 16 below. D. Conditional use permit. Except as provided in paragraphs A through C of this section, any new facility or modification or collocation to an existing facility is subject to the approval of a conditional use permit pursuant to section 17-3-2 of this code. 17-18-5 Permit application A. Each permit granted under this chapter requires an application. B.Unless an exemption or waiver applies, each application submitted under this chapter must include the following: Marana Regular Council Meeting 01/16/2018 Page 562 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0045 of 18 1/2/2018 4:43 PM 1. Application fee. The applicable wireless facility application fee in an amount established by a fee schedule adopted by the council and amended from time to time. 2. Master application. A fully completed and executed master application on the form provided by the town for that purpose, as may be amended or updated from time-to- time. The master application must state what approval is being sought, i.e., conditional use permit, administrative wireless facilities permit, or section 6409(a) permit. 3. Required licenses or approvals. Evidence that the applicant has all current licenses and registrations from the FCC, the ACC, and any other applicable regulatory bodies where such license(s) or registration(s) are necessary to provide wireless communication services utilizing the proposed wireless communication facility. 4. Proof of property rights. Proof either that the applicant is the owner of the property where the facility is to be located, or that the applicant has the right to use the property for the facility, in the form of a lease or license agreement from the property owner. For wireless communication facilities in the right-of-way, the license need not be submitted with the application but shall be submitted no later than the applicant’s submission of a building permit request. 5. Site development plans. Fully dimensioned site plan and elevation drawings prepared and sealed by an Arizona-licensed engineer or architect showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. For new facilities, the plans shall also include, in plan and elevation views, a scaled depiction of the maximum permitted increase as authorized by section 6409(a) using the proposed project as a baseline. 6. Photo simulations. Photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from nearby public streets or other public viewpoints, together with a map that shows the photo location of each view angle. 7. RF exposure compliance report. A radio frequency report acceptable to the town prepared and certified by an RF engineer that certifies that the proposed facility and any collocated facilities will comply with applicable federal RF exposure standards and exposure limits as set forth in the code of federal regulations, including without limitation those set forth in 47 CFR §§ 1.1307(b), 1.1310, 2.1091, and 2.1093. The RF report must include all of the following: a. The actual frequency and power levels in watts effective radiated power (ERP) for all existing and proposed antennas at the site b. Exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit and the boundaries of areas with RF exposures in excess of the controlled/occupational limit, as these terms are defined by the FCC. c. Each project site boundary shall be clearly marked and identified for every transmitting antenna. 8. Alternative sites analysis. Marana Regular Council Meeting 01/16/2018 Page 563 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0046 of 18 1/2/2018 4:43 PM a. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. b. The applicant must also provide a written explanation as to why the alternatives considered were unacceptable or infeasible, unavailable, or not as consistent with the development standards in this chapter as the proposed location. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as consistent with the development standards in this chapter as the proposed location. c. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of that wireless communication facility is not a viable option. 9. Noise study. A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compatibility with existing nearby land uses and compliance with any applicable noise regulations. The noise study must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. 10. Deposit. A cash or other sufficient deposit tendered by the applicant to the town for any third party peer review determined by the planning director to be necessary to ensure compliance with the requirements of this chapter. C. The planning director is authorized and directed to develop permit applications and other materials specific for wireless facilities, make them publicly available, and update and amend them as the planning director deems appropriate. D. Applications for a section 6409(a) permit are exempt from the requirement for an alternative sites analysis (subparagraph 17-18-5 B. 8 above). E. The planning director may waive a specific application requirement for a specific project only when all of the following are true: 1. The applicant attends a pre-submittal consultation meeting for the project 2. The planning director finds that compliance with the specific application requirement would create an unnecessary or unreasonable burden on the applicant 3. The planning director memorializes the waiver and grounds for it in writing. 17-18-6 Development standards A. Preferred siting. All applicants should, to the extent feasible, propose new facilities and substantial changes to existing facilities with designs according to the following preferences, ordered from most preferred to least preferred: 1. Collocations on existing base stations outside the right-of-way 2. Collocations on towers outside the right-of-way Marana Regular Council Meeting 01/16/2018 Page 564 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0047 of 18 1/2/2018 4:43 PM 3. Collocations on eligible support structures and utility poles in the right-of-way that are not exempt from zoning (see paragraph 17-18-4 B above) 4. New building-mounted facilities outside the right-of-way 5. New towers outside the right-of-way 6. New eligible support structures and utility poles in the right-of-way that are not exempt from zoning (see paragraph 17-18-4 B above). B. Preferred locations. All applicants should, to the extent feasible, propose new facilities and substantial changes to existing facilities in non-residential zones. 1. Non-residential preferences. Non-residential preferences are as follows, ordered from most preferred to least preferred: a. Town-owned or -controlled parcels, not including right-of-way b. Parcels in industrial zones c. Parcels in commercial zones d. Right-of-way in non-residential areas 2. Residential preferences. If an applicant seeks to site wireless facilities in a residential zone, the applicant should, to the extent feasible, propose new facilities and substantial changes to existing facilities in residential zones according to the following preferences, ordered from most preferred to least preferred: a. In the right-of-way abutting a residential zone b. Town-owned or -controlled parcels c. Parcels that contain approved non-residential conditional uses and do not contain approved residential uses d. Parcels that contain approved non-residential conditional uses and do contain approved residential uses e. Parcels that do not contain single-family residences f. All other parcels. 3. Additional alternative sites analysis. If an applicant proposes to locate a new facility or substantial change to an existing facility on a parcel that contains a single-family residence, the applicant shall provide an additional alternative sites analysis that at a minimum shall include a meaningful comparative analysis of all the alternative sites in the more preferred locations that the applicant considered, and states the underlying factual basis for concluding why each alternative in a more preferred location was: a. Technically infeasible; b. Not available; and/or c. More intrusive. Marana Regular Council Meeting 01/16/2018 Page 565 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0048 of 18 1/2/2018 4:43 PM 17-18-7 Design and aesthetic standards A. General design and aesthetic standards. All facilities must conform to the following standards. 1. Concealment. a. All new facilities and substantial changes to existing facilities must incorporate concealment measures and/or techniques appropriate for the proposed location and design. b. All ground-mounted equipment must be completely concealed to the extent feasible according to the following preferences, ordered from most preferred to least preferred: i. Within an existing structure including, but not limited to, an interior equipment room, mechanical penthouse or dumpster corral ii. Within a new structure designed to integrate with or mimic the adjacent existing structure iii. Within an underground equipment vault if no other feasible above-ground design that complies with subsections (i) or (ii) exists. 2. Height. a. General. All new facilities and substantial changes to existing facilities must not exceed the applicable zone height limit, provided, however, that the approval authority may approve height extensions of not more than eight feet above the applicable zone height limit when the proposed site is (1) mounted on the rooftop of an existing building; (2) completely concealed; and (3) architecturally integrated into the underlying building. This exception does not apply to any towers or utility poles. b. Right-of-way. New facilities and substantial changes to existing facilities in the right- of-way must conform to the height limitations set forth in chapter 12-8 of this code. 3. Setbacks. a. General. All facilities must comply with all applicable setback requirements of the zone where the facility is located. b. Right-of-way. Facilities in the right-of-way shall conform to the clearance and location limitations set forth in chapter 12-8 of this code. 4. Collocation. Applicants shall design their facilities to accommodate future collocated facilities to the extent feasible. 5. Fences. The town will not approve any barbed wire, razor wire, or electrified fences associated with a proposed facility. 6. Landscaping. In addition to any landscaping required by the town for concealment or screening purposes, the applicant shall propose, install and maintain additional landscaping to replace any existing landscaping displaced during the construction or installation of the applicant’s facility on private property or in the right-of-way. The applicant’s landscaping plan shall be subject to the town’s approval. Marana Regular Council Meeting 01/16/2018 Page 566 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-0049 of 18 1/2/2018 4:43 PM 7. Backup or standby power sources and generators. The town may not approve any fossil fuel-powered backup power sources or generators unless the applicant demonstrates that the facility cannot feasibly achieve its power needs with batteries, fuel cells, or other similarly non-polluting, low noise-level means. 8. Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install lights that comply with the town-adopted outdoor lighting code. Lighting must avoid illumination impacts to adjacent properties to the maximum extent feasible. The town may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to properties in the town to the maximum extent feasible. 9. Noise. All transmission equipment and other equipment, including without limitation air conditioners and sump pumps, associated with the facility must not emit sound that exceeds the applicable noise limits established by the town. 10. Signage and advertising. No facility may display any signage or advertisements unless expressly allowed by the town in a written approval, recommended under FCC regulations, or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center. 11. Code compliance. Applicant shall design and maintain all facilities in compliance with all applicable federal, state and local laws, codes, regulations, ordinances or other rules. B. Tower-mounted facilities. In addition to the general standards set forth in paragraph A of this section, all tower-mounted facilities must conform to the following standards. 1. General design preferences. All applicants should, to the extent feasible and appropriate for the proposed location, design new towers according to the following preferences, ordered from most preferred to least preferred: a. Faux architectural features, include, but are not limited to, bell towers, clock towers, lighthouses, obelisks, and water tanks b. Faux cactus c. Monopalms. 2. Most disfavored designs. The town may not approve any designs that do not conceal the antennas within a radome or other concealment device without a limited exemption pursuant to this chapter. 3. Tower-mounted equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants should mount non-antenna, tower-mounted equipment, including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes, directly behind the antennas to the maximum extent feasible. 4. Ground-mounted equipment. Notwithstanding subparagraph 17-18-7 A. 1. b above, applicants must conceal ground-mounted equipment associated with tower-mounted Marana Regular Council Meeting 01/16/2018 Page 567 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00410 of 18 1/2/2018 4:43 PM facilities with opaque fences or other opaque enclosures. The town may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment. 5. Concealment standards for faux trees and cacti. All permits for faux tree and cactus facilities approved under this chapter are subject to the following required conditions of approval: a. The canopy must completely envelop all tower-mounted equipment and extend beyond the tower-mounted equipment at least 18 inches; b. The canopy must be naturally tapered to mimic the particular tree or cactus species; c. All tower-mounted equipment, including all antennas, equipment cabinets, cables, mounts, and brackets, must be painted flat natural colors to mimic the particular tree or cactus species; d. For faux trees, all antennas and other tower-mounted equipment cabinets must be covered to blend in with the faux foliage; and e. For faux trees, the entire vertical structure must be covered with permanently- affixed three-dimensional faux bark cladding to mimic the particular tree species. C. Building- or façade-mounted facilities. In addition to the general standards set forth in paragraph A above, all building- or façade-mounted facilities must conform to the following standards. 1. General design preferences. All applicants should, to the extent feasible, propose new non-tower facilities according to the following preferences, ordered from most preferred to least preferred: a. Completely concealed and architecturally integrated façade- or rooftop-mounted base stations with no visible impacts from any publicly accessible areas at ground level, including, but not limited to, antennas behind existing parapet walls or façades replaced with RF-transparent material and finished to mimic the replaced materials b. Completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions, including, but not limited to, cupolas, steeples, chimneys, and water tanks. 2. Façade-mounted equipment. Applicants must conceal all façade-mounted transmission equipment behind screen walls as flush to the façade as practicable. The town may not approve any “pop-out” screen boxes unless the design is architecturally consistent with the original support structure. The town may not approve any exposed façade-mounted antennas, which includes exposed antennas painted to match the façade. 3. Rooftop-mounted equipment. The town may approve unscreened rooftop transmission equipment only when it expressly includes a condition of approval that the equipment is effectively concealed due to its low height and setback from the roofline. 4. Ground-mounted equipment. Outdoor ground-mounted equipment associated with base stations must be avoided whenever feasible. In locations visible or accessible to the public, applicants must conceal outdoor ground-mounted equipment with opaque Marana Regular Council Meeting 01/16/2018 Page 568 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00411 of 18 1/2/2018 4:43 PM fences or landscape features that mimic the adjacent structure(s), including, but not limited to, dumpster corrals and other accessory structures. D. Facilities in the right-of-way. Facilities in the right-of-way must conform to the requirements of chapter 12-8 (wireless communication facilities in the right-of-way) of this code. 17-18-8 Public notice and hearing requirements A. Before the planning commission may grant any conditional use permit under this chapter, the planning commission shall conduct a noticed public hearing as provided in section 17-3- 2 of this code. B. Before the planning director may grant any administrative wireless facilities permit or approve any application for a section 6409(a) modification under this chapter, notice of the application shall be posted on the project site. The notice shall include a general explanation of the proposed facility, modification, or collocation, and a general description, in text or by diagram, of the location of the real property that is the subject of the application. For a section 6409(a) modification, the notice shall also state: “Federal law may require approval for this application. Further, Federal Communications Commission regulations may deem this application granted by the operation of law unless the town approves or denies the application, or the town and applicant reach a mutual tolling agreement.” 17-18-9 Required findings for approval A. Conditional use permit. The planning commission may grant a conditional use permit for a new wireless facility or a substantial change to an existing wireless facility only when the planning commission makes all the findings required by section 17-3-2 of this code, as well as the following additional findings. 1. The proposed use is deemed essential or desirable to the public convenience or welfare. 2. The total area of the site and the setbacks of all facilities from property and street lines are of sufficient magnitude in view of the character of the land and of the proposed development that significant detrimental impact on surrounding properties is avoided. 3. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the buildings, location of parking areas, landscaping and other features is compatible with the character of the area. 4. The applicant demonstrated that it proposed the least intrusive means to achieve its technical objectives. B. Administrative wireless facilities permit. The planning director may grant an administrative wireless facilities permit for a new wireless facility or a substantial change to an existing wireless facility when the planning director finds all of the following: 1. The proposed design qualifies as a design subject to administrative approval as set forth in this chapter. 2. The proposed location qualifies as a location subject to administrative approval as set forth in this chapter. 3. The proposal conforms to all applicable design standards set forth in this this chapter. Marana Regular Council Meeting 01/16/2018 Page 569 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00412 of 18 1/2/2018 4:43 PM 4. The proposed project will not require any exemption pursuant to section 17-18-16 of this chapter. C. Section 6409(a) permit. 1. Findings for approval. The planning director may approve a section 6409(a) modification when the planning director finds that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change. 2. Grounds for denial. In addition to any other alternative recourse permitted under federal law, the planning director may deny a section 6409(a) permit when the planning director finds that the proposed collocation or modification: a. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or b. Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or c. Involves the replacement of the entire support structure; or d. Does not qualify for mandatory approval under section 6409(a) for any lawful reason. 3. Any denial of a section 6409(a) permit application shall be without prejudice to the applicant, the real property owner, or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for a conditional use permit, an administrative wireless facilities permit, or a section 6409(a) permit as appropriate. 17-18-10 Standard conditions of approval The following standard conditions of approval apply to all permits issued under this chapter, except as otherwise provided in this chapter. A. Permit term. Any validly issued conditional use permit or administrative wireless facilities permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly ten years and one day from the issuance date. B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules. C. Inspections; emergencies. The town or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The town reserves the right to enter or to direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies, or when the facility threatens imminent harm to persons or property. D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the planning department upon permittee’s receipt of the planning department’s written request, except in Marana Regular Council Meeting 01/16/2018 Page 570 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00413 of 18 1/2/2018 4:43 PM an emergency as determined by the town, when all contact information for responsible parties shall be immediately provided to the planning director upon verbal request. E. Indemnities. The permittee and, if applicable, the non-government owner of the private property upon which the facility is located shall defend, indemnify and hold harmless the town, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the town or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void, or annul the town’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, lawsuits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. If the town becomes aware of any such actions or claims, the town shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the town shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the town’s defense, and the property owner and/or permittee (as applicable) shall reimburse the town for any costs and expenses directly and necessarily incurred by the town in the course of the defense. F. Interference with public safety radio services. If the town finds reason to believe that permittee’s radio communications operations are causing interference with the town’s radio communications operations, then the permittee shall, at its cost, immediately cooperate with the town to either rule-out permittee as the interference source or eliminate the interference. Cooperation with the town may include, but shall not be limited to, temporarily switching the transmission equipment on and off for intermittent testing. G. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. H. General maintenance. The site and the facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. I. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee in accordance with chapter 11-3 of this code. J. RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. K. Optional completion time limit. As a condition of approval, the approval authority may establish a reasonable time limit for completion of the approved facility. L. Section 6409(a) modifications. In addition to all applicable standard conditions of approval required under this section, any section 6409(a) permit granted by the planning director or deemed granted by the operation of law includes the following conditions of approval: Marana Regular Council Meeting 01/16/2018 Page 571 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00414 of 18 1/2/2018 4:43 PM 1. No permit term extension. The town’s grant or grant by operation of law of a section 6409(a) permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. The town’s grant or grant by operation of law of a section 6409(a) permit will not extend the permit term for any conditional use permit, administrative wireless facilities permit, or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. 2. Accelerated permit terms due to invalidation. If any court of competent jurisdiction invalidates any portion of section 6409(a) or any FCC rule that interprets section 6409(a) such that federal law would not mandate approval for any section 6409(a) modification, the permit or permits issued in connection with a section 6409(a) modification(s) shall automatically expire one year from the effective date of the judicial order. A permittee shall be required to remove its improvements approved under the invalidated section 6409(a) permit unless it has submitted an application for either a conditional use permit or an administrative wireless facilities permit for those improvements before the one- year period ends. The planning director may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension. 3. No waiver of standing. The town’s grant or grant by operation of law of a section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the town to challenge section 6409(a), any FCC rules that interpret section 6409(a), or any section 6409(a) modification. 17-18-11 Notice of decision; appeals A. Within five working days after final decision by the approval authority on an application submitted for approval pursuant to this chapter, notice of the decision shall be mailed to the applicant at the address shown on the master application. The town shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the denial. B. Any person or entity may appeal a final decision by the planning commission on a conditional use permit application to the council in accordance with section 17-3-2 of this code. The council shall review the decision of the planning commission de novo. C.Any person or entity may appeal a final decision by the planning director on an administrative wireless facilities permit application to the council in accordance with this paragraph. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The appellant must pay a fee in an amount established by a fee schedule adopted by the council and amended from time to time at the time the appeal is filed. The council shall review the decision of the planning director de novo solely on the specific issues raised by the appellant. D. Subject to applicable federal timeframes for local review, any person or entity may file a written appeal to the council to reverse the planning director’s final decision to approve or deny without prejudice a section 6409(a) permit application. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The appellant must pay a fee in an amount established by a fee schedule adopted by the council and amended Marana Regular Council Meeting 01/16/2018 Page 572 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00415 of 18 1/2/2018 4:43 PM from time to time at the time the appeal is filed. The council shall review the decision of the planning director de novo. 17-18-12 Permit renewal A. Any application to renew any conditional use permit or administrative wireless facilities permit granted under this chapter must be tendered to the town between 365 days and 180 days prior to the expiration of the current permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. B. The town shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. C. If an applicant timely submits a permit renewal application and the town is unable to fully review the application prior to its expiration, the planning director shall grant a written temporary extension on the permit term to allow sufficient time to review the application. 17-18-13 Permit revocation A. A permit granted under this chapter may be revoked for noncompliance with any enforceable permit, permit condition, or law applicable to the facility. B. When the planning director finds reason to believe that grounds for permit revocation exist, the planning director shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee’s last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice to cure the noncompliance or show that no noncompliance ever occurred. C. If the permittee fails to cure any noncompliance after notice and opportunity to dispute or cure the noncompliance, the council shall conduct a noticed public hearing to determine whether to revoke the permit. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the council. After the noticed public hearing, the council may deny the revocation or revoke the permit when it finds that the permittee had notice of the noncompliance and a reasonable opportunity to cure the noncompliance, but failed to comply with any enforceable permit, permit condition, or law applicable to the facility. Written notice of the council’s determination and the reasons for it shall be dispatched by certified U.S. mail, return receipt requested, to the permittee’s last known address. D. Upon revocation, the council may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare. 17-18-14 Facility abandonment or discontinuation; relocation; removal A. To promote the public health, safety and welfare, the planning director may declare a facility abandoned or discontinued when: 1. The permittee notifies the planning director that it abandoned or discontinued the use of a facility for a continuous period of 90 days; or 2. The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the planning director that states the basis for the Marana Regular Council Meeting 01/16/2018 Page 573 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00416 of 18 1/2/2018 4:43 PM planning director’s belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or 3. The permit expires and the permittee has failed to file a timely application for renewal. B. After the planning director declares a facility abandoned or discontinued, the permittee shall have 90 days from the date of the declaration, or a longer time as the planning director may approve in writing as reasonably necessary, to: 1. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval; or 2. Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or 3. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area. C. If the permittee fails to act as required in paragraph B of this section within the prescribed time period, the council may deem the facility abandoned at a noticed public meeting. The planning director shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner that provides 30 days (or longer time as the planning director may approve in writing as reasonably necessary) from the notice date to take any of the actions listed in subparagraphs B.1 through B.3 of this section. D. If the permittee fails to act as required in paragraph C of this section within the prescribed time period, the town may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. 1. The town may, but shall not be obligated to, store the removed facility or any part of it, and may use, sell or otherwise dispose of it in any manner the town deems appropriate. 2. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the town in connection with its removal, restoration, repair and storage, and shall promptly reimburse the town upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. 3. The town may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. 4. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The town shall cause the lien to be recorded with the recorder’s office of the county where the facility is located. Within 60 days after the lien amount is fully satisfied including costs and interest, the town shall cause the lien to be released. E. After a permittee fails to comply with any provision in this section, the council may elect to treat the facility as a nuisance to be abated as provided by applicable law. Marana Regular Council Meeting 01/16/2018 Page 574 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00417 of 18 1/2/2018 4:43 PM 17-18-15 Transfers involving a wireless facility or permit A. Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection with the facility, the permittee shall deliver written notice to the town. B. The written notice required in this section must include all of the following: 1. The transferee’s legal name 2. The transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address 3. A statement signed by the transferee that the transferee shall accept of all permit terms and conditions. C. Failure to submit the notice required by this section shall be a cause for the town to revoke the applicable permits pursuant to and following the procedure set out in this chapter. 17-18-16 Limited exemption from standards A. An applicant seeking an exemption under this section for personal wireless services facilities on the basis that a permit denial would effectively prohibit personal wireless services must demonstrate to the approval authority with clear and convincing evidence all of the following: 1. A significant gap in the applicant’s service coverage exists. 2. All alternative sites identified in the application review process are either technically infeasible or not potentially available. B. All exemptions granted under this section are subject to review and reconsideration by the council. The applicant always bears the burden to demonstrate why an exemption should be granted. 17-18-17 Independent consultant review A. The planning director is authorized to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the planning director in connection with any permit application. B. The planning director may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to: 1. Permit application completeness or accuracy; 2. Planned compliance with applicable RF exposure standards; 3. Whether technically feasible and potentially available alternative locations and designs exist; 4. The applicability, reliability and/or sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and 5. Any other issue that requires expert or specialized knowledge identified by the planning director. Marana Regular Council Meeting 01/16/2018 Page 575 of 774 00047268.DOCX /9Exhibit B to Marana Resolution No. 2018-00418 of 18 1/2/2018 4:43 PM C. The applicant must pay for the cost of independent consultant review and for the consultant’s testimony in any hearing as requested by the planning director, and must provide a reasonable advance deposit of the estimated cost of such review with the town prior to the commencement of any work by the consultant. The applicant must provide an additional advance deposit to cover the consultant’s testimony and expenses at any meeting where that testimony is requested by the planning director. Where the advance deposit is insufficient to pay for the cost of such review and/or testimony, the planning director shall invoice the applicant and the applicant shall pay the invoice in full within ten calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit, or paid any invoice as required in the code. 17-18-18 Obligation to comply with this chapter An applicant or permittee shall not be relieved of its obligation to comply with every provision of the code, this chapter, any permit issued hereunder, or any applicable law or regulation by reason of any failure of the town to notice, enforce, or request compliance by the applicant or permittee. Marana Regular Council Meeting 01/16/2018 Page 576 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 1 of 7 1/2/2018 5:03 PM Exhibit A1 Calculation points for height of an existing streetlight with separate luminaire mast arm The purple line next to the streetlight depicts the section of the existing streetlight pole used to calculate the height of the existing pole. The lines are not to scale and are solely used for illustrative purposes. Marana Regular Council Meeting 01/16/2018 Page 577 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 2 of 7 1/2/2018 5:03 PM Exhibit A2 Calculation points for height of an existing streetlight with integrated luminaire mast arm The “connection point” on an existing telescopic style streetlight pole with an integrated luminaire mast The top and bottom points on a telescopic streetlight pole to calculate the vertical height of the existing streetlight pole plus 24 inches + 24 inches Marana Regular Council Meeting 01/16/2018 Page 578 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 3 of 7 1/2/2018 5:03 PM Exhibit B Calculation points for height of existing traffic signal pole The top and bottom points on a traffic signal pole to calculate the base vertical height of the existing pole Marana Regular Council Meeting 01/16/2018 Page 579 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 4 of 7 1/2/2018 5:03 PM Exhibit C Dog house – cable transition from underground to electric utility pole Dog house with external cable chase installed at the base of a pole to cover the cables and wires when they cannot be installed inside the utility pole. External cable chase – the cables and wires are mounted underneath the chase. Marana Regular Council Meeting 01/16/2018 Page 580 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 5 of 7 1/2/2018 5:03 PM Exhibit D1 Antenna shrouds – 45 degrees Marana Regular Council Meeting 01/16/2018 Page 581 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 6 of 7 1/2/2018 5:03 PM Exhibit D2 Antenna shrouds – 90 degrees Marana Regular Council Meeting 01/16/2018 Page 582 of 774 00055262.DOCX /2 Exhibit C to Marana Resolution No. 2018-004 7 of 7 1/2/2018 5:03 PM Exhibit E Examples of electrical meter pedestals – “Myers” or “Milbank” style Marana Regular Council Meeting 01/16/2018 Page 583 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 1 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM TITLE 12. TRAFFIC AND HIGHWAYS [Chapters 12-1 through 12-7 remain unchanged] CHAPTER 12-8. WIRELESS COMMUNICATION FACILITIES IN THE RIGHT-OF-WAY [The following table of contents is included for convenience only and will not appear in the published Town Code] 12-8-1 Purpose and background 1 12-8-2 Definitions 2 12-8-3 Wireless communication facilities use area 76 12-8-4 Term of telecom license agreements 11 12-8-5 Wireless provider’s payments 12 12-8-6 Use restrictions 15 12-8-7 Wireless provider’s improvements generally 18 12-8-8 Common standard design concepts, requirements and details for all wireless facilities in the right-of-way 23 12-8-9 Standard design requirements for a small wireless facility on an existing streetlight. 29 12-8-10 Standard design requirements for a small wireless facility on a traffic signal pole. 31 12-8-11 Standard design requirements for a small wireless facility on an existing utility pole.3433 12-8-12 Standard design requirements for a new wireless facility. 35 12-8-13 RF safety for town employees 37 12-8-14 Maintenance and utilities 38 12-8-15 Breach by wireless provider 39 12-8-16 Termination 4443 12-8-17 Indemnity and insurance 4544 12-8-18 Condemnation 4847 12-8-19 Damage to or destruction of the use area 4948 12-8-20 Wireless provider’s records 4948 12-8-21 Compliance with law 5049 12-8-22 Assignment 5251 12-8-23 Miscellaneous 5554 12-8-24 Town engineer authorization 5756 12-8-25 Exhibits 5756 12-8-26 Forms 5756 12-8-1 Purpose and background A. The purpose of this chapter is to: 1.Implement Arizona laws 2017, chapter 124 (A.R.S. § 9-591 et seq.); Marana Regular Council Meeting 01/16/2018 Page 584 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 2 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 2. Incorporate standard terms by reference in each individual telecom license agreement and siteright-of-way permit; 3. Promote uniformity in the telecom license agreements; and 4. Streamline the preparation and administration of telecom license agreements. B. Various laws (the “telecommunications laws”) authorize the town to regulate its streets, alleys and public utility easements, and to grant, renew, deny, amend and terminate licenses for and otherwise regulate the installation, operation and maintenance of telecommunications systems. The telecommunications laws include, without limitation, the following: 1. Chapter 12-7 of the town code (Construction in town rights-of-way) (the “street code”). Town code section 12-7-3 (Permit required; exception) applies to a wireless provider, as defined in A.R.S. § 9-591(26). 2. A.R.S. §§ 9-581 through 9-583, §§ 9-591 through 9-599, and other state and federal statutes. 3. The constitution of the state of Arizona. 4. Other applicable federal, state and local laws, codes, rules and regulations. 5. The town’s police powers, its authority over public right-of-way, and its other governmental powers and authority. C. The town owns public street and alley rights-of-way and public utility easements within the boundaries of the town that are designated for use by utility companies for installation, operation and repair of water, electrical and other utilities pursuant to franchises, licenses or other agreements between utility companies and the town (collectively the “right-of-way”). D. The town anticipates that one or more wireless providers may desire to locate antennas and immediately related equipment at various locations (“the sites”) within the right-of-way. E. The standard terms become effective as to each site as they are incorporated in the telecom license agreement by reference. Except as otherwise stated, each telecom license agreement stands on its own. F. Because the town’s existing streetlight poles and traffic signed poles are not designed to safely support the additional weight and stress of wireless facilities, wireless providers shall be required to provide poles designed to support these facilities to replace existing poles prior to attaching wireless facilities. 12-8-2 Definitions A. The following definitions apply to each telecom license agreement and siteright-of-way permit: 1. “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. 2. “Antenna mounting bracket” means the hardware required to secure the antenna to the pole. 3. “Antenna mounting post” means the vertical post or pipe that the antenna mounting bracket is mounted to in order for the antenna to be attached to the pole. Marana Regular Council Meeting 01/16/2018 Page 585 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 3 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 4. “Antenna shroud” means the three-sided cover that is mounted at the base of the antenna to conceal the appearance of the cables and wires from the hand-hole port on the pole to the bottom-fed antenna. 5. “Base use fee” means the amount that the company shall pay to the town for each year of a license for use of the town right-of-way and the town-owned pole, as set out in the currentin an amount established by a fee schedule adopted by the council and amended from time to time. 6. “Canister antenna” means the canister or cylinder style housing used to conceal the antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole. 7. “Communications equipment” means any and all electronic equipment at the small wireless facility location that processes and transports information from the antennas to the wireless provider’s network. 8. “Competing users” means entities that own the water pipes, cables and wires, pavement, and other facilities which may be located within the right-of-way. The competing users include without limitation, the town, the state of Arizona and its political subdivisions, the public, and all manner of utility companies and other existing or future users of each use area. 9. “Dog house” means the plastic or metal attachment to the base of a pole that covers the transition point of underground cables and wires to the vertical section of the pole. 10. “Encroachment permit” means a permit issued pursuant to town code section 12-7-3 that allows the wireless provider to perform work in the right-of-wayand to install and operate improvements in the right-of-way. 10.11.“FCC” means the federal communications commission. 11.12.“FCC rules” means all applicable radio frequency emissions laws and regulations. 12.13.“FCC OET bulletin 65” means the FCC’s office of engineering & technology bulletin 65 that includes the FCC radio frequency exposure guidelines. 13.14.“Ground mounted equipment” means any communications equipment that is mounted to a separate post or to a foundation on the ground. 14.15.“Light emitting diode” or “LED” is a type of lighting fixture installed on town streetlight and traffic signal poles. 15.16.“Light fixture” means the lighting unit or luminaire that provides lighting during the evening hours or during the hours of darkness. 16.17.“Luminaire mast arm” means the horizontal post that attaches the light fixture to the streetlight pole or traffic signal pole. 17.18.“Omni-directional antenna” or “omni antenna” is an antenna that is round in shape, like a pipe, and may be about one inch diameter up to about six inches diameter. 18.19.“Ordinary permit use fee” means the town’s encroachment permit application, review and otherall fees related to the issuance of the permitright-of-way permit in an amount established by a fee schedule adopted by the council and amended from time to Marana Regular Council Meeting 01/16/2018 Page 586 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 4 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM time (including without limitation all fees listed in the currently-adopted comprehensive fee schedule under the subheading “right of way”). 19.20.“Outside diameter” means the points of measurement, using the outer edges of a pole, pipe or cylinder. 20.21.“Panel antenna” means the style of antenna that is rectangular in shape and with dimensions that are generally four feet to eight feet in height, by eight inches to 12 inches wide, and four inches to nine inches deep. 21.22.“Remote radio heads/remote radio units” or “RRU/RRH” means the electronic devices used to amplify radio signals so that there is increased performance (farther distance) of the outgoing radio signal from the antenna. 22.23.“RF”means radio frequency. 23.24.“RF letter” means a letter attesting to the wireless provider’s compliance with FCC RF exposure guidelines from the wireless provider’s senior internal engineer. 24.25.“Right-of-way” as defined for wireless sites in A.R.S. § 9-591(18) means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. 25. “Right-of-way permit” means a permit issued pursuant to town code section 12-7-3. 26. “Sight distance easement” means the area of land adjacent to an intersection, driveway or roadway that has restrictive uses in order to preserve the view of oncoming or crossing vehicular and pedestrian traffic by drivers in vehicles attempting to merge with traffic or enter a roadway. 27. “Sight visibility triangle” means the traffic engineering and safety concept that requires clear view by the driver of a vehicle to crossing traffic at a stop sign, driveway or intersection. In order to achieve clear visibility of the cross traffic, the land areas in the sight visibility triangle has specific maximum heights on landscaping, cabinets, and other potential view obstructions. 28. “Signal head” means the “red, yellow and green” light signals at a signal-controlled intersection. 29. “Signal head mast arm” means the horizontal pole that has the signal heads mounted to it and attaches to the traffic signal pole. 30. “Site documents” means the depiction of the use area, schematic plans and map showing location of the installation of the wireless facility in the right-of-way, including but not limited to the title report of the use area, vicinity map, site plan, elevations, technical specifications and the cubic feet of the non-antenna wireless equipment. 31. “Site permit” means a right-of-way use permit issued pursuant to town code section 12-7 for the construction or placement of wireless communication facilities in a particular use area. Marana Regular Council Meeting 01/16/2018 Page 587 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 5 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 31.32.“Small wireless facility” as defined in A.R.S. §9-591(19), means a wireless facility that meets both of the following qualifications: a. All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. b. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume, or 50 cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: i. An electric meter. ii. Concealment elements. iii. A telecommunications demarcation box. iv. Grounding equipment. v. A power transfer switch. vi. A cutoff switch. vii. Vertical cable runs for the connection of power and other services. 32.33.“Standard terms” means the provisions of this chapter 12-8. 33.34.“Stealth and concealment elements” means the use of shrouds, decorative elements, design concepts and faux elements so that a small wireless facility can be designed to blend in with the surrounding streetscape with minimal to any visual impact. 34.35.The “street code” means chapter 12-7 (Construction in town rights-of-way) of the town code. 35.36.“Supplemental parcel agreement” means an agreement authorizing the wireless provider to use property outside of the town’s right-of-way. 36.37.“Telecom license agreement” means the wireless communication facilities license that incorporates this chapter of the town code—the standard recitals and the standard terms for wireless providers to install and operate wireless facilities in the right-of-way. 37.38.“Third party areas” means the portions of the right-of-way, such as canal crossings or other areas that for any reason have limited right-of-way dedications or that have regulatory use restrictions imposed by a third party. 38.39.“Use area” means the portions of the right-of-way where a wireless provider is authorized to construct or place its wireless communication facilities pursuant to a siteright-of-way permit and telecom license agreement (see section 12-8-3, Wireless communication facilities use area).As applied to the telecom license agreement, “use area” refers collectively to all use areas authorized by the telecom license agreement. Marana Regular Council Meeting 01/16/2018 Page 588 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 6 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 39.40.“Utility pole” as defined in A.R.S. § 9-591(21) means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole. 40.41.“Violation use fee” means the types of fees that the town has available to remedy certain breaches of the telecom license agreement by a wireless provider, in an amount established by a fee schedule adopted by the council and amended from time to time. 41.42.“Wireless facility” as defined in A.R.S. § 9-591(22): a. Means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: i. Equipment associated with wireless communications. ii. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration. b. Includes small wireless facilities. c. Does not include the structure or improvements on, under or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. d. Does not include wi-fi radio equipment described in A.R.S. § 9-506(I) or microcell equipment described in A.R.S. § 9-584(E). 42.43.“Wireless infrastructure provider” as defined in A.R.S. § 9-591(23) means any person authorized to provide telecommunications service in this state and who builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but who is not a wireless service provider. Wireless infrastructure provider does not include a special taxing district. 43.44.“Wireless provider” as defined in A.R.S. § 9-591(24) means a cable operator, wireless infrastructure provider, or wireless services provider. 44.45.“Wireless provider’s improvements” means all improvements installed by the wireless provider, including but not limited to all elements of the wireless facility, all screening elements, any landscaping plants or materials, and any other elements provided by the wireless provider in the approved telecom license agreement. 45.46.“Wireless services” as defined in A.R.S. § 9-591(25) means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. 46.47.“Wireless services provider” as defined in A.R.S. § 9-591(26) means a person that provides wireless services. Wireless services provider does not include a special taxing district. 47.48.“Wireless support structure” as defined in A.R.S. §9-591(27): a. Means: i. A freestanding structure, such as a monopole. Marana Regular Council Meeting 01/16/2018 Page 589 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 7 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM ii. A tower, either guyed or self-supporting. iii. A sign or billboard. iv. Any other existing or proposed structure designed to support or capable of supporting small wireless facilities. b. Does not include a utility pole. 12-8-3 Wireless communication facilities use area Authority to use right-of-way. The town grants to wireless provider the right to install wireless facilities in the town’s right-of-way upon approval of a telecom license agreement and issuance of a siteright-of-way permit for each use area, as set forth below: A. Limitations. Notwithstanding anything in this chapter 12-8 or in the telecom license agreement to the contrary, the use area includes and is limited to only certain areas that wireless provider is permitted to exclusively use and occupy (the “exclusive areas”) and certain areas that wireless provider is permitted to use on a shared basis (the “shared areas”). Each use area is defined by the boundary plan. B. Use area boundary. The use area is the smallest geometric shape that includes the exclusive areas and the shared areas. The use area excludes other parts of the right-of-way and all other land. Wireless provider shall not occupy or use any other portion of the right-of-way or adjoining lands. The telecom license agreement or site permit does not allow any use of land outside the right-of-way. If any portion of wireless provider’s work, improvement or equipment is to be located on other land, then such work, improvements and equipment are prohibited unless wireless provider first obtains from the owner of said land (including the town, if applicable) an agreement allowing such work, improvements and equipment (a “supplemental parcel agreement”). C. Exclusive areas. The exclusive areas are limited to the following, if and as defined by the boundary plan: 1. The land area defined as “enclosure” on the boundary plan to be used by wireless provider solely for the enclosure housing the electronic ground equipment shown on the site plan (the “enclosure”). The area of the enclosure is confined to the actual area occupied by the exterior structure and the interior of the enclosure. If the boundary plan does not show a clearly defined and correctly labeled “enclosure” area, then no enclosure area is available for wireless provider’s use under an issued siteright-of-way permit and any enclosure for wireless provider’s use must be located outside the right-of-way and authorized by a supplemental parcel agreement. 2. The area on the pole defined as “antennas” on the boundary plan to be used by wireless provider solely for mounting the antennas. Such area is confined to the town approved elevations and locations actually occupied by the antennas and their supporting brackets. If the boundary plan does not show a clearly defined and correctly labeled “antennas” area, then no main antennas area is available for wireless provider’s use under an issued siteright-of-way permit and any main antennas for wireless provider’s use must be located outside the right-of-way and authorized by a supplemental parcel agreement. D. Shared areas. Shared areas are limited to the following areas, if and as defined by the boundary plan: Marana Regular Council Meeting 01/16/2018 Page 590 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 8 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 1. A motor vehicle parking space (the “parking space”) at the “parking space” location described on the boundary plan to be used by wireless provider solely for parking a service vehicle to service the communications equipment and for ingress and egress to that parking space. 2. No temporary construction area is provided by these standard terms or an issued siteright-of-way permit. Wireless provider must obtain from the town a separate written document giving wireless provider permission to work in the right-of-way. 3. An underground cable route (the “signal route”) labeled as the “signal route” described on the boundary plan from the enclosure to the antenna to be used by wireless provider solely for underground radio frequency lines between the enclosure and the antenna. Notwithstanding the preceding sentence, the portion of the signal route upon the pole shall not be underground but shall be within the pole. If the boundary plan does not show a clearly defined and correctly labeled “signal route” area, then no signal route area is available for wireless provider’s use under these standard terms or an issued siteright-of-way permit and any signal route for wireless provider’s use must be located outside the right-of-wayand authorized by a supplemental parcel agreement. E. Power and telephone service. Nothing in this chapter 12-8 grants permission for any use of any portion of the right-of-way for power, telephone or other service routes, if any. Use of the public street right-of-way or public utility easements for these purposes, if any, is governed by normal town right-of-way rules and policies and by the franchise between the town and the electrical and telephone service providers. F. Rights in adjacent land. Wireless provider’s rights are expressly limited to the real property defined as the “use area” in the issued siteright-of-way permit. Without limitation, in the event any public right-of-way or other public or private property at or adjacent to the use area is owned, dedicated, abandoned or otherwise acquired, used, improved or disposed of by the town, such property shall not accrue to wireless provider but shall be the town’s only. G. Variation in area. In the event the use area consists of more or less than any stated area, wireless provider’s obligations under the telecom license agreement shall not be increased or diminished. H. Condition of title. Wireless provider shall not have power to amend, modify, terminate or otherwise change the site documents or create new site documents. 1. The town does not warrant its own or any other person’s title to or rights to use the use area or any other property. 2. Wireless provider shall pay, indemnify, defend and hold harmless the town and its agents and representatives of, from and against any and all claims, demands, damages, expenses, interest or penalties of any kind or nature whatsoever, including attorneys’, arbitrators’ and experts’ fees and court costs that arise from or relate to wireless provider’s non-compliance with the site documents. I. Condition of use area. Each use area is being made available in an “as is” condition without any express or implied warranties of any kind, including without limitation any warranties or representations as to its condition or fitness for any use. J. No real property interest. Notwithstanding any provision of this chapter 12-8 to the contrary, and notwithstanding any negotiation, correspondence, course of performance or dealing, or Marana Regular Council Meeting 01/16/2018 Page 591 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 9 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM other statements or acts by or between the parties, wireless provider’s rights under the telecom license agreement and any siteright-of-way permit are limited to use and occupation of the use area for the permitted uses. Wireless provider’s rights in the use area are limited to the specific rights created in the approved telecom license agreement and siteright-of-way permit. K. Reserved right and competing users and activities. Notwithstanding anything in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town specifically reserves to itself and excludes from an issued siteright-of-way permit a non-exclusive delegable right (the “reserved right”) over the entire use area for all manner of real and personal improvements and for streets, sidewalks, trails, landscaping, utilities and every other land use of every description. Without limitation: 1. Competing users. Wireless provider accepts the risk that the town and others (the “competing users”) may now or in the future install their facilities in the use area in locations that make parts of the right-of-way unavailable for wireless provider’s use. 2. Competing activities. Wireless provider accepts the risk that there may now or in the future exist all manner of work and improvements upon the use area (the “competing activities”). The competing activities include without limitation any and all laying construction, erection, installation, use, operation, repair, replacement, removal, relocation, raising, lowering, widening, realigning or other dealing with any or all of the following, whether above, upon or below the surface of the use area and whether occasioned by existing or proposed uses of the right-of-way or existing or proposed uses of adjoining or nearby land: a. All manner of streets, alleys, sidewalks, trails, ways, traffic control devices, subways, tunnels, trains and gates of every description, and all manner of other transportation facilities and their appurtenances. b. All manner of pipes, wires, cables, conduits, sewers, pumps, valves, switches, conductors, connectors, poles, supports, access points and guy wires of every description, and all manner of other utility facilities and their appurtenances. c. All manner of canals, drains, bridges, viaducts, overpasses, underpasses, culverts, markings, balconies, porches, overhangs and other encroachments of every description and all manner of other facilities and their appurtenances. d. All other uses of the right-of-way that the town may permit from time to time. 3. The town’s rights cumulative. All of the town’s reserved rights under various provisions of the town code or an approved telecom license agreement shall be cumulative to each other. 4. Use priorities. This chapter 12-8 and the approved telecom license agreement and siteright-of-way permit do not grant to wireless provider or establish for wireless provider any exclusive rights or priority in favor of wireless provider to use the use area. Wireless provider shall not obstruct or interfere with or prevent any competing user from using the use area. 5. Regulation. The town shall have full authority to regulate use of the use area and to resolve competing demands and preferences regarding use of the use area and to require wireless provider to cooperate and participate in implementing such resolutions. Marana Regular Council Meeting 01/16/2018 Page 592 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 10 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM Without limitation, the town may take any or all of the following into account in regulating use of the use area: a. All timing, public, operational, financial and other factors affecting existing and future proposals, needs and plans for competing activities. b. All other factors the town may consider relevant, whether or not mentioned in this chapter 12-8, the telecom license agreement, or issued siteright-of-way permits. c. Differing regulatory regimes or laws applicable to claimed rights, public benefits, community needs and all other factors relating to competing users and competing activities. 6. Communications equipment relocation. Upon 180 days’ notice from the town, wireless provider shall temporarily or permanently relocate or otherwise modify the communications equipment relocation (the “relocation work”) as follows: a. Wireless provider shall perform the relocation work at its own expense when required by the town engineer or designee. b. The relocation work includes all work determined by the town to be necessary to accommodate competing activities, including without limitation temporarily or permanently removing, protecting, supporting, disconnecting or relocating any portion of the communications equipment. c. The town may perform any part of the relocation work that has not been performed within the allotted time. Wireless provider shall reimburse the town for its actual costs in performing any relocation work. The town has no obligation to move wireless provider’s, the town’s or others’ facilities, but will in good faith assist wireless provider to find a new location and to expedite the approval process. d. The town and not wireless provider shall be entitled to use any of wireless provider’s facilities that are abandoned in place or that are not relocated on the town’s request. e. All relocation work shall be subject to and comply with all other provisions of the telecom license agreement. 7. Disruption by competing users. Neither the town nor any agent, contractor or employee of the town shall be liable to wireless provider, its customers or third parties for any service disruption or for any other harm caused them or the communications equipment due to competing users or competing activities. 8. Emergency disruption by the town. The town may remove, alter, tear out, relocate or damage portions of the communications equipment in the case of fire, disaster, or other emergencies if the town engineer deems such action to be reasonably necessary under the circumstances. The town will make reasonable efforts to contact the wireless provider’s network operations center. In that event, neither the town nor any agent, contractor or employee of the town shall be liable to wireless provider or its customers or third parties for any harm so caused to them or the communications equipment. When practical, the town shall consult with wireless provider in advance to assess the necessity of such actions and to minimize to the extent practical under the circumstances damage to and disruption of operation of the communications equipment. In any event, the town shall Marana Regular Council Meeting 01/16/2018 Page 593 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 11 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM inform wireless provider after such actions. Wireless provider’s work to repair or restore the communications equipment shall be relocation work. 9. Public safety. If the communications equipment or any other wireless provider equipment, improvements or activities present any immediate hazard or impediment to the public, to the town, to the town’s equipment or facilities, to other improvements or activities within or without the use area, or to the town’s ability to safely and conveniently operate the right-of-way or perform the town’s utility, public safety or other public health, safety and welfare functions, then wireless provider shall immediately remedy the hazard, comply with the town’s requests to secure the right-of-way, and otherwise cooperate with the town at no expense to the town to remove any such hazard or impediment. Wireless provider’s work crews shall report to the use area within four hours of any request by the town under this paragraph (the “safety paragraph”). L. Third party permission. There may be portions of the right-of-way, such as canal crossings or other areas that for any reason have limited right-of-way dedications or that have regulatory use restrictions imposed by a third party (“third party”). Areas subject to such restrictions or regulations by third parties are referred to as “third party areas” and communications equipment may not be built without permission from the third party or third parties that have property rights or regulatory authority over a specific third party area. Wireless provider’s right to use any use area shall be suspended, but not its obligations with respect thereto, during any period that a third party permission is not in effect. M. Telecom license agreement use area list. Upon wireless provider’s satisfactory completion of construction or installation of wireless communication facilities pursuant to an issued right-of-way permit, the town engineer shall add the use area to the use area list attached to the wireless provider’s telecom license agreement. 12-8-4 Term of telecom license agreements A. Term of agreement. The term of each telecom license agreement shall be as follows: 1.Original term. The original term of each telecom license agreement shall be for a period of ten years commencing on the effective date as stated in the approved telecom license agreement, and the terms of all related siteright-of-way permits shall have the same term as the approved telecom license agreement. 2. Extensions. The term of each telecom license agreement may be extended as follows: a. The term of each telecom license agreement may be extended for one additional ten-year period subject to consent by the town and wireless provider, which either may withhold in its sole and absolute discretion. b. Both the town and wireless provider shall be deemed to have elected to extend unless the town or wireless provider, respectively, gives notice to the contrary to the other at least 90 days prior to the end of the original term or the current extension. c. The second term shall begin ten years plus one day after the initial effective date. B. Holding over. In any circumstance whereby wireless provider would remain in possession or occupancy of the use area after the expiration of the applicable telecom license agreement and issued siteright-of-way permits (as extended, if applicable), such holding over shall not be deemed to operate as a renewal or extension of the telecom license agreement and issued Marana Regular Council Meeting 01/16/2018 Page 594 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 12 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM siteright-of-way permits, but shall only create a use right from month to month that may be terminated at any time by the town upon 30 days’ notice to wireless provider, or by wireless provider upon 60 days’ notice to the town. C. The town’s right to cancel. Notwithstanding anything contained in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town shall have the unconditional right, with or without cause, to terminate any siteright-of-way permit for reasons including but not limited to street widening, right-of-way abandonment, or development that may impact the location of the site, upon 180 days’ notice given at any time after the first 180 days. The town shall assist wireless provider in locating a new site for the facility and expedite the process. D. Wireless provider’s right to cancel. Wireless provider shall have the unilateral right to terminate any siteright-of-way permit without cause upon 30 days’ written notice. Wireless provider has no right to terminate any time after an event of default by wireless provider has occurred (or an event has occurred that would become a default after passage of time or giving of notice). 12-8-5 Wireless provider’s payments A. Wireless provider’s payments. Wireless provider shall make payments to the town as follows: 1.Use fee items. Wireless provider shall pay to the town each of the following separate and cumulative amounts (collectively the “use fee”): a. An annual amount (the “base use fee”). b. An amount (the “ordinary permit use fee”) based on wireless provider’s permit review and other costs as set out below. c. An amount (the “violation use fee”) based on certain breaches by wireless provider of the telecom license agreement as set out in paragraph 12-8-15 C below. d. All other amounts required by the telecom license agreement. 2. Base use fee amount. The amount of base use fee wireless provider shall pay to the town for each year of the telecom license agreement shall be the total of all applicable fee line items for wireless communications facilities (including without limitation “antenna base fee” and “ground equipment fee”, as applicable)as set out in the then current comprehensive, in an amount established by a fee schedule as it may beadopted by the council and amended from time to time by the town council. 3. Ordinary permit use fee amount. The amount of the ordinary permit use fee shall be the total amount of all applicable ordinary fees payable to the town for the town’s review of plans, issuance of permits, and inspection of wireless provider’s work upon the use area (including, without limitation, encroachmentright-of-way permits and any required building permits)as set out in the then current comprehensive, in amounts established by a fee schedule as it may beadopted by the council and amended from time to time by the town council. 4. Use fee cumulative. All items of use fee shall be cumulative and separate from each other. Marana Regular Council Meeting 01/16/2018 Page 595 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 13 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 5. Use fee schedule. Wireless provider shall pay base use fee and ordinary permit use fee at the times and in the amounts specified by the town’s normal processes for the payment of base use fees and ordinary permit use fees. 6. Letter of credit. The initial letter of credit amount shall be based upon the wireless provider’s good faith projection of the number of sites to be constructed within the town limits of the town during the current calendar year. The initial letter of credit shall be received by the town before any construction and encroachment permits arethe first right-of-way permit is issued as follows: a. The amount of the letter of credit shall be as follows: i. $30,000 for up to ten wireless sites ii. $60,000 for 11 to 20 wireless sites iii. $105,000 for 21 to 35 wireless sites iv. $180,000 for 36 to 60 wireless sites v. $300,000 for 61 to 100 wireless sites vi. $450,000 for 101 to 150 wireless sites vii. $675,000 for 151 to 225 wireless sites viii. $1,050,000 for 226 to 350 wireless sites ix. $1,500,000 for 351 to 500 wireless sites x. $2,250,000 for 501 to 750 wireless sites xi. $3,000,000 for 751 to 1,000 wireless sites xii. If the number of wireless provider’s wireless sites is more than 1,000, the $3,000,000 letter of credit shall remain in effect and the letter of credit for the wireless sites in excess of 1,000 sites shall be calculated using the schedule provided in this subsection. b. The town will determine at least once annually if the number of wireless provider’s wireless sites that are licensed require that the letter of credit be upgraded to a higher amount. If the town requires a new letter of credit, it shall provide formal notice in writing to the wireless provider. The wireless provider must provide the new letter of credit within 45 days of receiving written notice. c. The letter of credit is a security deposit for wireless provider’s performance of all of its obligations under this chapter 12-8 and the approved telecom license agreement within the town limits of the town. d. The letter of credit shall meet the following requirements. i. The letter of credit shall be printed on bank safety paper. ii. The following terms and no others shall be stated on the face of the letter of credit: a) The letter of credit is clean, unconditional, and irrevocable. b) The letter of credit is payable to the town upon presentation of the town’s draft. Marana Regular Council Meeting 01/16/2018 Page 596 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 14 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM c) The town may make partial draws upon the letter of credit. d) The letter of credit is conditioned for payment solely upon presentation of a sight draft and a copy of the letter of credit. e) Within ten days after the town’s draft on the letter of credit is honored, the town must make the original of the letter of credit available to the issuer in Pima County, Arizona upon which the issuer may endorse its payments. f) The issuer specifies a telefax number, email address, and street address at which the town may present drafts on the letter of credit. g) The letter of credit is valid until a specified date. h) The letter of credit will be automatically renewed for successive one year periods, unless at least 120 days prior to expiration the issuer notifies the town in writing, by either registered or certified mail, that issuer elects not to renew the letter of credit for the additional period. In the event of such notification, any then unused portion of the letter of credit shall be available by draft on or before then current expiration date. i) The letter of credit is otherwise subject to the most recent edition of the uniform customs and practices for documentary credits, published by the international chamber of commerce. j) The letter of credit need not be transferable. iii. Approved forms. The form of the letter of credit and of drafts upon the letter of credit shall be as set forth in section 12-8-26 (Forms) iv. Issuer requirements. The issuer of the letter of credit shall meet all of the following requirements: a) The issuer shall be a federally insured financial institution with offices in Pima County, Arizona, at which drafts upon the letter of credit may be presented. b) The issuer shall be a member of the New York clearing house association or a commercial bank or trust company satisfactory to the town. c) The issuer shall have a net worth of not less than $1 billion. e. Wireless provider shall provide and maintain the letter of credit during the entire term of each telecom license agreement as follows: i. Wireless provider shall cause the original letter of credit to be delivered to the town engineer for deposit with the town finance director. ii. Wireless provider shall pay all costs associated with the letter of credit, regardless of the reason or manner such costs are required. iii. Within ten business days after the town gives wireless provider notice that the town has drawn on the letter of credit, wireless provider shall cause the letter of credit to be replenished to its prior amount. f. The town may draw on the letter of credit upon any event of default, and in the following circumstances whether or not they are an event of default: Marana Regular Council Meeting 01/16/2018 Page 597 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 15 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM i. Wireless provider fails to cause the letter of credit to be renewed, extended, increased in amount or otherwise maintained as required by these standard terms. ii. Wireless provider fails to make monetary payments as required by these standard terms. iii. The issuer of the letter of credit fails to immediately honor a draft on the letter of credit or otherwise repudiates or fails to honor the letter of credit. g. The town shall also have such additional rights regarding the letter of credit as may be provided elsewhere in the telecom license agreement. 7. Late fees. Use fee is deemed paid only when the town actually receives good cash payment. Should any use fee not be paid on or before the date due, a late fee shall be added to the amount due in an amount set forth in the town’s comprehensiveestablished by a fee schedule adopted by the council and amended by the town council from time to time. Any use fee that is not timely paid shall accrue simple interest at the rate of 1½% per month from the date the amount first came due until paid. Wireless provider expressly agrees that the foregoing represent fair and reasonable estimates by the town and wireless provider of the town’s costs (such as accounting, administrative, legal, and processing costs) in the event of a delay in payment of use fee. The town shall have the right to allocate payments received from wireless provider among wireless provider’s obligations. 8. Use fee amounts cumulative. All amounts payable by wireless provider under this chapter 12-8 or an approved telecom license agreement or under any tax, assessment or other existing or future ordinance, law or other contract or obligations to the town or the state of Arizona shall be cumulative and payable in addition to each other payment required under this chapter 12-8 or an approved telecom license agreement, and such amounts shall not be credited toward, substituted for, or setoff against each other in any manner. 12-8-6 Use restrictions Use restrictions. Wireless provider’s use and occupation of the use area shall in all respects conform to all and each of the following cumulative provisions: A. Permitted uses. Wireless provider shall use the use area solely for the permitted uses and shall conduct no other activity at or from the use area. B. Enclosure use. Wireless provider shall use the enclosure solely for locating utility cabinets and housing the communications equipment used for the antennas. C. Small wireless facility. Wireless provider may install a small wireless facility, as defined in A.R.S. § 9-591(19), to be limited as follows: 1. All antennas, including the antenna’s exposed elements, are located inside an enclosure of not more than six cubic feet in volume, and 2. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. 3. The following ancillary equipment is not included in the equipment volume: Marana Regular Council Meeting 01/16/2018 Page 598 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 16 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a. Electric meter b. Concealment elements c. telecom demarcation box d. Grounding equipment e. Power transfer switch f. Cutoff switch g. Vertical cable runs D. Communications operations restriction. Wireless provider shall not install, operate, or allow the use of equipment, methodology or technology that interferes or is likely to interfere with the optimum effective use or operation of the town’s existing or future fire, emergency or other communications equipment, methodology or technology (i.e., voice or other data carrying, receiving or transmitting equipment). If such interference should occur, wireless provider shall immediately discontinue using the equipment, methodology or technology that causes the interference until wireless provider takes corrective measures to alter the communications equipment to eliminate such interference. Any such corrective measures shall be made at no cost to the town. Wireless provider shall give to the town notice containing a list of the radio frequencies wireless provider is using at the use area and shall give notice to the town of any change in frequencies. E. Other equipment. Wireless provider shall not disturb or otherwise interfere with any other antennas or other equipment the town may have already installed or may yet install upon the right-of-way. F. Signs. All signage is prohibited except in compliance with the following requirements: 1. Wireless provider shall install and thereafter maintain the following signs and other markings as reasonably determined by the town from time to time: a. All signs and markings required for safe use of the use area by the town, wireless provider and other persons who may be at the use area at any time for any reason. b. Any signage the town may request directing parking, deliveries and other vehicles and other users to comply with the telecom license agreement. c. Warning signs listing only wireless provider’s name, permanent business address, telephone number, emergency telephone number, and any information required by law. 2. All signage not expressly allowed by these standard terms is prohibited. 3. The location, size, content and style of each sign shall be subject to the provisions of the applicable sign ordinance and shall comply with the town’s sign programs as the same may change from time to time. Wireless provider shall update signs as required to comply with changes in the applicable sign ordinance and the town’s sign programs. 4. Wireless provider shall design, make, install and maintain all signage in a first class, professional manner without broken panels, faded or peeling paint or other damage. Marana Regular Council Meeting 01/16/2018 Page 599 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 17 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 5. Wireless provider shall bear all costs pertaining to the erection, installation, operation, maintenance, replacement and removal of all signs including, but not limited to, the application for and obtaining of any required building or other permits regardless of the reason for any such activity, even if such activity is required by the town pursuant to these standard terms. 6. The requirements of this paragraph apply to all signs, designs, monuments, decals, graphics, posters, banners, markings, and other manner of signage. G. Wireless provider’s lighting. Except for security lighting operated with the town’s approval from time to time, wireless provider shall not operate outdoor lights at the use area. H. Noise. Except during construction permitted under these standard terms and for burglar alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise are prohibited. All equipment shall be operated so that sound coming therefrom does not exceed the ambient noise level at the boundary of the right-of-way and cannot be heard at the closer of (i) the exterior boundary of the right-of-way or (ii) 200 feet outside the boundary of the right-of-way. The preceding sentence does not apply to use of normal, properly maintained construction equipment used as permitted by an issued siteright-of-way permit, to infrequent use of equipment that is as quiet or quieter than a typical well maintained gasoline powered passenger automobile, or to use of an air conditioning unit that is no noisier than a typical well maintained residential air conditioning unit. I. Limited access. It is wireless provider’s and not the town’s responsibility to keep unauthorized persons from accessing the communications equipment and the exclusive areas. J. Standards of service. Wireless provider shall operate the use area in a first-class manner, and shall keep the use area attractively maintained, orderly, clean, neat and tidy at all times. K. Wireless provider’s agent. Wireless provider shall at all times retain on call available to the town by telephone an active, qualified, competent and experienced person to supervise all activities upon the use area and operation of the communications equipment and who shall be authorized to represent and act for wireless provider in matters pertaining to all emergencies and the day-to-day operation of the right-of-way and all other matters affecting the issued siteright-of-way permit. Wireless provider shall also provide notice to the town of the name, street address, electronic mail address, and regular and after hours telephone number of a person to handle wireless provider’s affairs and emergencies at the right-of-way. Any change shall be given in writing to the town engineer in the manner stated for notices required under this chapter 12-8 and the approved telecom license agreement. L. Coordination meetings. Wireless provider shall meet with the town and other right-of-way users from time to time as requested by the town to coordinate and plan construction on the use area and all matters affected by these standard terms. Without limitation, wireless provider shall attend the town’s scheduled utility planning meetings. M. Toxic substances. Wireless provider’s activities upon or about the use area shall be subject to the following regarding any hazardous or toxic substances, waste or materials or any substance now or hereafter subject to regulation under the comprehensive environmental response compensation and liability act, 42 U.S.C. §§ 9601, et seq., the Arizona hazardous Marana Regular Council Meeting 01/16/2018 Page 600 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 18 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM waste management act, A.R.S. §§ 49-901, et seq., the resource conservation and recovery act, 42 U.S.C. §§ 6901, et seq., the toxic substances control act, 15 U.S.C. §§ 2601, et seq., or any other federal, state, county, or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements (collectively “toxic substances”): a. Wireless provider understands the hazards presented to persons, property and the environment by dealing with toxic substances. Notwithstanding anything in this chapter 12-8 or in the approved telecom license agreement to the contrary, the town makes and has made no warranties as to whether the use area contains actual or presumed asbestos or other toxic substances. b. Within 24 hours after discovery by wireless provider of any toxic substances, wireless provider shall report such toxic substances to the town in writing. Within 14 days thereafter, wireless provider shall provide the town with a written report of the nature and extent of such toxic substances found by wireless provider. c. Disturbance of toxic substances. Prior to undertaking any construction or other significant work, wireless provider shall cause the use area to be inspected to prevent disturbance of potential asbestos or other toxic substances. Prior to any work of any description that bears a material risk of disturbing potential asbestos or other toxic substances, wireless provider shall cause the contractor or other person performing such work to give to the town notice by the method described in this chapter 12-8 or in the approved telecom license agreement to the effect that the person will inspect for toxic substances, will not disturb toxic substances, and will indemnify, defend and hold the town harmless against any disturbance in toxic substances in the course of the contractor’s or other person’s work. Wireless provider shall cause any on-site or off-site storage, inspection, treatment, transportation, disposal, handling, or other work involving toxic substances by wireless provider in connection with the use area to be performed by persons, equipment, facilities and other resources who are at all times properly and lawfully trained, authorized, licensed, permitted and otherwise qualified to perform such services. Wireless provider shall promptly deliver to the town copies of all reports or other information regarding toxic substances. N. Required operation. During the entire term of each site permitthe telecom license agreement and any renewals or extensions, wireless provider shall actively and continuously operate the communications equipment 24 hours a day, seven days a week, for the permitted uses. Notwithstanding anything contained in this paragraph to the contrary, the operation requirements of this paragraph shall be effective commencing on the earlier of completion of the project or the completion deadline and shall continue through the date the telecom license agreement terminates or expires for any reason. In the event of relocation of the communications equipment or damage to the use area severe enough that the communications equipment cannot reasonably be operated during repairs, the operation requirements of this paragraph shall be suspended during the time specified by these standard terms for accomplishing repair of such damage to relocation of the communications equipment. Wireless provider may temporarily cease operating the communications equipment for short periods necessary to test, repair, service or upgrade the communications equipment. Marana Regular Council Meeting 01/16/2018 Page 601 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 19 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM O. Actions by others. Wireless provider shall be responsible to ensure compliance with these standard terms by all persons using the right-of-way through or under wireless provider or these standard terms. 12-8-7 Wireless provider’s improvements generally All of wireless provider’s improvements and other construction work, whether or not specifically described in this chapter 12-8 or in the approved telecom license agreement, upon or related to the use area (collectively “wireless provider’s improvements”) shall comply with the following: A. Wireless provider’s improvements. Wireless provider’s improvements include without limitation, all modification, replacement, repairs, installation, construction, grading, structural, utility, lighting, plumbing, sewer or other alterations, parking or traffic alterations, removal, demolition or other cumulatively significant construction or similar work of any description and all installation or alteration of the communications equipment. B. Zoning and similar approval process. The zoning processes, building permit processes, right-of-way management policies and similar regulatory requirements that apply to wireless provider’s improvements are completely separate from the plans approval processes set forth in these standard terms. Wireless provider’s satisfaction of any requirement set forth in these standard terms does not substitute for compliance with any regulatory requirement. Wireless provider’s satisfaction of any regulatory requirement does not substitute for compliance with any requirement of these standard terms. Wireless provider must make all submittals and communications regarding the requirements of these standard terms through the town engineer and not through planning, zoning, building safety or other staff. Wireless provider shall be responsible to directly obtain all necessary permits and approvals from any and all governmental or other entities having standing or jurisdiction over the use area. Wireless provider bears sole responsibility to comply with all stipulations and conditions that are required in order to secure such rezoning and other approvals. Notwithstanding anything in this paragraph, to the extent regulatory requirements and requirements of these standard terms are identical, compliance with regulatory requirements shall constitute compliance with these standard terms and vice versa. C. Batching sites for approval. Only sites that do not have a new or a replacement pole required for the antennas, and do not have any underground cables, conduit, and foundations, are eligible for batch processing of the applications. D. Relationship of plans approval to regulatory processes. Wireless provider’s submission of plans under these standard terms, the town’s approval of plans for purposes of these standard terms, and the plans approval process herein shall be separate and independent of all development, zoning, design review and other regulatory or similar plans submittal and approval processes, all of which shall continue to apply as provided under state law, in addition to the requirements of these standard terms and its approvals. Building permits, zoning clearances, or any other governmental reviews or actions do not constitute approval of any plans for purposes of the telecom license agreement. E. The town’s fixtures and personalty. Wireless provider shall not remove, alter or damage in any way any improvements or any personal property of the town upon the use area without Marana Regular Council Meeting 01/16/2018 Page 602 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 20 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM the town’s prior written approval. In all cases, wireless provider will repair any damage or other alteration to the town’s property caused by wireless provider or its contractors, employees or agents to as good or better condition than existed before the damage or alteration. F. Design requirements. All wireless provider’s improvements shall comply with the following design requirements: 1. All wireless provider’s improvements shall be contained entirely within the use area and without any encroachment or dependence upon any other property, except for permitted utility service. 2. Any changes to utility facilities shall be strictly limited to the use area, shall not affect utilities used by the town, and shall be undertaken by wireless provider at its sole cost and expense. 3. The antennas and other communications equipment shall be properly designed, installed and maintained so as not to create a risk of damage to the Pole, to persons or property upon or using the right-of-way or the town’s other property. 4. To the extent requested by the town, wireless provider’s plans shall include a description of construction methods employed to address environmental issues affecting or affected by the use area and protect other facilities at the right-of-way and surrounding properties. 5. All specifications set forth in sections 12-8-8 through 12-8-12 below. G. Approval required. Wireless provider shall not construct any of wireless provider’s improvements (including work on adjacent public lands, if applicable) without having first received written plans approval from the town. Such consent requirement shall apply to all improvements, furnishings, equipment, fixtures, paint, wall treatments, utilities of every description, communications cabling and other construction work of any description as described in all plans heretofore or hereafter delivered by wireless provider to the town. Such consent requirement does not apply to work on the communications equipment that is confined to the area inside the enclosure and not visible, audible, or otherwise discernible outside the enclosure. H. Effect of plans approval. Wireless provider shall submit engineering and construction plans to the town for review and approval. The town’s approval of plans submitted shall be for purposes of these standard terms only and shall constitute irrevocable approval (but only at the level of detail of the applicable stage of the review process) of the matters plainly shown on the plans approved. The town shall not reject subsequent plans to the extent the matter to which the town objects was plainly shown on plans previously approved by the town. However, the town is not precluded from objecting to matters not previously approved, changes to plans, matters not previously clearly disclosed on approved plans, or refinements or implementation of matters previously approved. I. Plans required. Wireless provider’s design of all wireless provider’s improvements shall occur in three stages culminating in final working construction documents for the wireless provider’s improvements (the “final plans”). The three stages are, in order of submission and in increasing order of detail, as follows: Marana Regular Council Meeting 01/16/2018 Page 603 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 21 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a. Conceptual plans showing the general layout, locations, elevations, configuration, and capacities of all significant improvements, topographical features, pedestrian and vehicular ways, buildings, utilities, and other features significantly affecting the appearance, design, function or operation of each element of wireless provider’s improvements. b. Preliminary plans showing all surface finishes and treatments, finished elevations, general internal and external design (including without limitation colors, textures and materials), mechanical, communications, electrical, plumbing and other utility systems, building materials, landscaping and all other elements necessary prior to preparation of final working construction documents and showing compliance with all requirements of these standard terms. The preliminary plans shall show all detail necessary prior to preparation of final plans. c. Final plans. In addition to the information that the town required for preliminary plans, the final plans shall include a title report for the use area and the shared use area,engineering design documents for the pole foundation, pole structural design, and other generally required engineering specifications for construction drawings or “CD” plans for permits. J. Approval process. The following procedure shall govern wireless provider’s submission to the town of all plans for wireless provider’s improvements, including any proposed changes by wireless provider to previously approved plans: a. All plans wireless provider submits under these standard terms shall show design, appearance, capacity, views, and other information reasonably deemed necessary by the town for a complete understanding of the work proposed, all in detail reasonably deemed appropriate by the town for the level of plans required herein. b. Wireless provider shall deliver all plans submissions for non-regulatory approvals required in this chapter 12-8 or in the approved telecom license agreement directly to the town engineer and shall clearly label the submissions to indicate that they are submitted pursuant to this chapter 12-8 and the approved telecom license agreement and not for building permits, zoning or other approvals. Each submittal of plans by wireless provider for the town’s review shall include five complete sets of the plans on paperthe number and two copiesformat of the plans in electronic formplans conforming to then-current town administrative procedures. c. All construction plans shall be prepared by qualified registered professional engineers. d. The town and wireless provider shall endeavor to resolve design and construction issues to their mutual satisfaction but, in the event of an impasse for any reason or however arising, in light of the town’s ownership and other uses of the use area, and as a condition of the town’s issuance of a siteright-of-way permit, final decision authority regarding all design and construction issues shall rest with the town engineer. e. All of wireless provider’s improvements shall comply with all requirements of law, any applicable insurance contracts and these standard terms. Marana Regular Council Meeting 01/16/2018 Page 604 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 22 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM K. Cost of wireless provider improvements. All wireless provider’s improvements shall be designed and constructed by wireless provider at wireless provider’s sole cost and expense, including without limitation any alteration or other change to the town’s equipment or other improvements or personalty that may occur. In no event shall the town be obligated to compensate wireless provider in any manner for any of wireless provider’s improvements or other work provided by wireless provider during or related to the term of any sitethe telecom license agreement or any right-of-way permit. Wireless provider shall timely pay for all labor, materials, work, and all professional and other services related thereto and shall pay, protect, indemnify, defend and hold harmless the town and the town’s employees, officers, contractors and agents against all claims related to such items. Wireless provider shall bear the cost of all work required from time to time to cause the use area and the town’s adjoining property (if directly affected by wireless provider’s work) to comply with local zoning rules, the Americans with disabilities act, building codes and all similar rules, regulations and other laws if such work is required because of work performed by wireless provider, by wireless provider’s use of the use area, or by any exercise of the rights granted to wireless provider under this chapter 12-8 or a telecom license agreement. L. Improvement quality. Any and all work performed on the use area by wireless provider shall be performed in a workman-like manner meeting or exceeding the best practices of similar facilities in Pima County, Arizona, and shall be diligently pursued to completion and in conformance with all building codes and similar rules. All of wireless provider’s improvements shall be high quality, safe, fire resistant, modern in design, and attractive in appearance, all as approved by the town through the plans approval processes described in these standard terms in addition to any zoning, building code or other regulatory processes that may apply. M. Ownership of wireless provider’s improvements. All wireless provider’s improvements (including without limitation poles and lights) except the communications equipment shall be and become part of the real property of the town “brick by brick” as constructed or installed. N. Damage during work. Upon performing any work upon the right-of-way, wireless provider shall simultaneously restore the right-of-way to its prior condition, as directed by the town and repair any holes, mounting surfaces or other damage whatsoever to the right-of-way. Such work shall include revegetation and appropriate irrigation systems for revegetated areas. O. Replacement pole. If the town approves a wireless provider proposal to install antennas on a town owned pole, then in addition to the other requirements, the following shall apply: a. Wireless provider shall provide and deliver to the town a replacement pole, including mast arm, so that a replacement is immediately available to the town in case the original pole is damaged. b. If the town uses a replacement pole, then wireless provider shall provide another replacement pole. c. Upon installation of a replacement pole, the town will determine if the original pole, mast arm(s), signal head(s), and light fixture(s) shall be delivered by wireless provider to the town’s operations center yard or if the wireless provider shall dispose of the original pole, mast arm, signal head and light fixture. Marana Regular Council Meeting 01/16/2018 Page 605 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 23 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM d. All performance under this paragraph shall be at wireless provider’s expense. The town owns the original pole and all replacement poles. P. Coordination with encroachment permit. The use area is located in the town’s public right-of-way. Wireless provider shall obtain encroachment permits at wireless provider’s expense as follows: a. Wireless provider shall perform no construction work in the right-of-way without obtaining a siteright-of-way permit giving permission tofor the construction work in the right-of-way. b. Wireless provider shall not alter or modify its antennas, wireless equipment or any improvements without submitting plans or drawings of the proposed alteration or modification to the town and obtaining approval from the town engineer and any required building permits. c. Wireless provider shall not perform any work on its own antennas or wireless equipment without first obtaining from the town an encroachmenta right-of-way permit giving it permission to work in the right-of-way. d. Wireless provider shall not in any way obstruct pedestrian or vehicular traffic within the right-of-way without first obtaining from the town a right-of-way permit giving permission to obstruct traffic. Q. Time for completion. Wireless provider shall diligently and expeditiously pursue to completion the construction of all approved wireless provider’s improvements. Wireless provider shall complete initial construction of the project no later than the completion deadline. Wireless provider shall complete construction of all of other wireless provider’s improvements no later than 180 days of siteright-of-way permit issuance unless the town and wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. If the town, in its sole examination of the construction activity at a site, determines that wireless provider has not substantially performed construction at a site within 180 days of the siteright-of-way permit issuance date, the town may require the wireless provider to cease construction and resubmit the site for approval. R. Construction notification. The town may establish requirements for notification of nearby residents and property owners prior to construction. S. Work time and manner restrictions. All installation, construction, maintenance, inspection, repair and other work of any kind shall be done in a manner that does not disrupt traffic (except in compliance with appropriate right-of-way permits) or nearby land uses. Without limitation, such work shall be done in compliance with applicable the town policies and directions from time to time, taking into account the various sensitivities of traffic, tourism, events, adjoining land uses, other right-of-way uses, and all other needs and concerns that are likely to be affected by wireless provider’s work. 12-8-8 Common standard design concepts, requirements and details for all wireless facilities in the right-of-way A. The standard design requirements set forth in this section shall apply to all new wireless facilities in the right-of-way. Marana Regular Council Meeting 01/16/2018 Page 606 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 24 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM B. The design standards set forth in sections 12-8-8 through 12-8-12 below are not exhaustive. The town engineer may modify or adjust the requirements on a case-by-case basis to address restraints or conditions peculiar to a particular location. C. All work shall be performed by and on behalf of wireless provider in a professional manner consistent with the highest standards of workmanship. D. All wireless communication facilities shall be installed in a manner that minimizes the visual and ingress/egress impact to the general public. E. Pole design and installation. 1. Replacement pole clearances – underground utilities. All ground-mounted electrical equipment shall maintain minimum horizontal clearance from underground utilities. a. General clearances shall be as follows: i. Clearance from water lines shall be at least six feet. ii. Clearance from sewer lines shall be at least six feet. iii. Clearance from telecommunications shall be at least one foot. iv. Clearance from cable television lines shall be at least one foot. v. Clearance from all other underground infrastructure shall be at least six feet. b. The town, in its sole discretion, may grant a variance, upon approval by the town engineer, from these horizontal separation distances on a case-by-case basis. The approval of a variance is dependent on factors specific to the site. c. In the case where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the impacted utility to have lines, pipes or property moved so that minimum clearance is achieved. All relocation of town-owned or a privately-owned utility shall be at the sole expense of the wireless provider. 2. Calculating the base height of an existing pole. The base height, from which the calculation of the “increase in pole height” is referenced for determining the overall pole height, shall be calculated as follows: a. Streetlight pole (refer to exhibits A1 and A2 in section 12-8-25 below) i. A streetlight with a separate luminaire mast arm mounted to the vertical pole shall use the top of the vertical pole as the base height. ii. A streetlight, with the luminaire mast arm integrated (e.g. telescopic style pole) into the top vertical section of the pole, shall use the point on the pole where the mast arm is connected plus 24 inches as the base height. b. Traffic signal pole (refer to exhibit B in section 12-8-25 below). A traffic signal pole with a luminaire mast arm that is mounted above the signal head mast arm to the pole shall use the top of the vertical portion of the pole as the base height. 3. Replacement pole clearance—original streetlight pole or traffic signal pole. The minimum distance of the replacement pole from the original pole location shall be 60 Marana Regular Council Meeting 01/16/2018 Page 607 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 25 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM inches or more so that construction can occur safely. The town may change this minimum distance on a case-by-case basis. 4. Replacement pole clearances—sidewalks. The new or replacement pole shall maintain 12-inch minimum clearance distance from sidewalks. The town, in its sole discretion, may increase that minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. 5. Sight distance easements and sight visibility triangles. All new and replacement poles shall be installed in a location that does not impair or interfere with sight distance easement or sight visibility triangle safety requirements. 6. Cables, wires and jumpers. a. All cables for the wireless equipment and antennas (except where such cables or wires attach to the ports in the antenna) shall be located inside a conduit, inside the caisson and pole. There shall not be any “dog house” or externally visible conduit or entry point of the cables unless specified by the town. b. All electrical wires for the streetlight luminaire, traffic signal heads, and any town device on the pole shall be new and connected to the existing power source. 7. Hand-holes. a. All hand-hole locations shall be called out on the plans. b. All hand-holes near antennas shall have the top of the hand-hole no lower than the bottom height of the antennas. c. The bottom of the hand-hole should not exceed six inches below the bottom of the antenna. 8. Wireless facility identification information a. A four inch by six inch radio frequency safety notice may be mounted no less than 24 inches from the bottom of the antenna, facing away from traffic. b. The wireless provider may place a discreet site identification or number. The size, color and location of this identifier shall be determined by the town. c. No wireless provider signs may be placed on a streetlight, traffic signal pole, wireless support structure, or a new or replacement pole except to the extent required by local, state or federal law or regulations. 9. Interference with town wireless network. The town has certain wireless devices in a network that connects traffic signals, community centers, water sites, and other locations for the town’s proprietary use. The selection of a location for a wireless site shall consider the potential interference of the town’s wireless network with RF from a wireless provider’s proposed site. 10. Cable chase and dog houses. The town, in its sole discretion, shall determine if an exterior cable chase and dog house are aesthetically compatible with the pole and immediate area. The materials and paint color of the cable chase and dog house shall be determined on a case-by-case basis. F. Removal of original pole, equipment and pole foundation Marana Regular Council Meeting 01/16/2018 Page 608 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 26 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 1. Removal of original signal pole, mast arm, signal heads and luminaire a. The town shall determine what original components, (e.g., original pole, mast arm, signal heads and luminaire, etc.) shall be delivered at no cost to the town, to the town’s operations yard by the wireless provider. b. If the town accepts some of the original components, then only those components shall be delivered by the wireless provider to the town’ operations yard and the remaining components shall be discarded by the wireless provider. 2. Removal of original streetlight or traffic signal pole foundation. The concrete pole foundation for the original streetlight or traffic signal pole shall be removed by the wireless provider as instructed by the town: a. Partial removal. The original pole foundation shall be taken back to a level that is 12 inches below existing grade and covered with four inches of half-inch to three-quarter-inch rock materials. The remaining eight inches shall be native soil. b. Complete removal. If the entire original pole foundation must be removed, then all materials (concrete, rebar, metals, bolts, etc.) shall be removed. The town engineer shall determine, on a case-by-case basis, the type of backfill material and compaction required, ranging from native soil that is compacted to a half-sack slurry for the entire depth, or a combination of native soil and slurry. G. Antennas, RRH/RRU, cables and mounting on pole. 1. General requirement: All antennas shall be installed in a manner that minimizes the visual impact to the general public. All work shall be performed in a professional manner that is consistent with the highest standards of workmanship. 2. Specific criteria: a. Antenna mounting posts and brackets. i. All panel antennas shall be mounted directly to the pole or onto a mounting pole so that the distance from the “face” of the streetlight pole to the back of the antenna does not exceed nine inches. ii. All mounting posts shall be trimmed so that the poles do not extend higher than the top of the antenna or protrude lower than the antenna unless necessary to install the shroud. iii. All pole attached wireless equipment must be a minimum ten feet from the sidewalk elevation. b. Panel antennas. i. All panel antennas for a small cell site shall fit within an imaginary enclosure of not more than six cubic feet in volume in accordance with A.R.S. §9-591(19)(a). (NOTE: This volume does not include antenna cable shrouds when required.) ii. All panel antennas with exposed cables from the bottom of the antenna shall have a shroud installed on the antenna or antenna mounting posts to conceal the cables. (refer to exhibits D1 and D2 in section 12-8-25 below) Marana Regular Council Meeting 01/16/2018 Page 609 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 27 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a) The type of shroud may be a 45-degree angle (away from the bottom of the antenna; toward the pole) or a 90-degree angle (parallel to the bottom of the antenna) depending on the location of the site. b) The shroud shall extend from the bottom of the antenna to two inches below the bottom of the nearest hand-hole. c. Canister antennas. i. All canister antennas for a small cell site shall fit within an imaginary enclosure of not more than six cubic feet in volume. (Note: This volume does not include the canister as it is a stealth device and not the antenna.) ii. The canister shall be no larger than 18 inches (outside diameter). iii. All canister antennas shall be located in a canister mounted to a base plate at the top of the vertical section of the replacement pole. iv. All cables protruding from the canister shall be concealed within the canister or by a shroud at the point where the canister is mounted to the base plate. d. Remote radio heads/remote radio units (RRU/RRH). Under A.R.S. § 9-591(19)(a), the RRH/RRU is not considered part of the antenna. If allowed, the RRH/RRU shall be calculated as part of “all other wireless equipment associated with this facility…” in A.R.S. § 9-591(19)(b) and subject to the 28 cubic foot maximum size for small cell sites. On a case-by-case basis, the town in the sole discretion of the town engineer—upon reviewing the landscape in the immediate surrounding area, the location of the pole, and stealth options— may allow a site to have an RRH/RRU installed on the pole. e. Painting antennas and mounting equipment. i. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted with the town’s standard color and quality of paint, as specified by the town engineer. ii. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the town engineer. iii. If the antenna is mounted on a wood pole, the color of the antenna, antenna canister, mounting brackets and posts, shrouds and cable chases shall be painted a color specified by the town engineer that will closely match the color of the wood. H. Ground-mounted equipment. 1. General requirements. a. All ground-mounted equipment shall be installed in a manner that minimizes the visual and ingress/egress impact to the general public. b. All ground-mounted wireless equipment must be screened or concealed to reduce the visual impact to the surrounding area. The screening or concealment shall take into Marana Regular Council Meeting 01/16/2018 Page 610 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 28 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM account the location of the site, the use of the immediate area, and the existing aesthetic elements surrounding the site. 2. Specific criteria: a. Sight distance easements and sight visibility triangles. All ground-based wireless equipment shall be installed in a location that does not impair or interfere with sight distance easement or sight visibility triangle safety requirements. To ensure proper sight distance, all town standard details shall apply. b. Ground equipment location—generally. All ground-based wireless equipment, including but not limited to equipment cabinets or power pedestals, shall be placed as far as practical to the back of the right-of-way while maintaining at least three feet of ingress/egress in the right-of-way or public utility easement around the equipment. c. Ground equipment clearances—underground utilities. i. All ground-mounted electrical equipment shall maintain the following minimum horizontal clearance from below-ground utilities: a) Clearance from water lines shall be at least six feet. b) Clearance from sewer lines shall be at least six feet. c) Clearance from telecommunications shall be at least one foot. d) Clearance from cable television lines shall be at least one foot. e) Clearance from all other underground infrastructure shall be at least six feet. ii. The town, in its sole discretion, may grant a variance upon approval from the town engineer, from these horizontal separation distances on a case-by-case basis. The approval of a variance is dependent on factors specific to the site. iii. Where there is an issue with horizontal separation from other underground utilities, the wireless provider may elect to work with the affected utility to have its lines, pipes or property moved so that minimum clearance is achieved. All relocation work of town-owned or a privately-owned utility shall be at the sole expense of the wireless provider. d. Ground equipment clearance – sidewalks. Ground equipment shall maintain a minimum 12-inch clearance distance from sidewalks. The town, in its sole discretion, may increase the minimum clearance on a case-by-case basis to ensure the safe use of the sidewalk and adjacent area. e. Compliance with height requirements. Evidence or documentation that, where the above-ground structure is over 36 inches in height, given its proposed location, the structure will comply or be in compliance with the town’s land development code. f. Screening of ground equipment. The town, in its sole discretion, may require ground-mounted equipment to be screened; the type of screening materials and design will be addressed on a case-by-case basis. In cases when screening is not required, the town may specify the paint color of the ground-mounted equipment. g. Decals and Labels Marana Regular Council Meeting 01/16/2018 Page 611 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 29 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM i. All equipment manufacturers’ decals, logos and other identification information shall be removed unless required for warranty purposes. ii. The wireless provider may affix an emergency contact decal or emblem to the ground equipment. iii. The ground-mounted equipment shall not have any flashing lights, sirens or regular noise other than a cooling fan that may run intermittently. h. Equipment cabinets on residential property. i. Residential single-family lot. The wireless equipment and ancillary equipment listed in A.R.S. § 9-591(19)(b) shall not exceed 36 inches in height in the front yard of a residential single-family zoned property. ii. Air-conditioning units. Unless otherwise specified by town, a wireless equipment cabinet with air-conditioning (not a fan only) shall be enclosed by walls and setback a minimum of 15 feet from lots where the existing or planned primary use is a residential single-family dwelling. i. Electric company meter. i. All electric company meters shall be installed in the right-of-way or in an adjacent public utility easement. The location of the meter equipment shall have minimum ingress and egress clearance from private property lines and driveways. ii. All electric company meters shall maintain minimum clearance from above-ground utility cabinets and below-ground utilities. iii. All electric company meters shall be installed in a location that does not impair or interfere with the sight distance easement or sight visibility triangle safety requirements of the town. iv. The electric company meters shall be screened or contained within a “Myers-type” or “Milbank-type” pedestal cabinet that is painted to match the ground equipment or as specified by the town. (refer to exhibit E in section 12-8-25 below) v. In the case where screening is not required, the town may specify the paint color of the electric company meter cabinet on a case-by-case basis. 12-8-9 Standard design requirements for a small wireless facility on an existing streetlight. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned streetlight in the town right-of-way. B. Purpose of streetlight pole. The primary purpose of the pole shall remain as a pole structure supporting a streetlight luminaire and related streetlight fixtures used to provide lighting to the town right-of-way. The attachment of wireless equipment to an existing streetlight pole or to a replacement pole that impedes this primary purpose will not be approved. C. General requirements. Marana Regular Council Meeting 01/16/2018 Page 612 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 30 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 2. A replacement pole shall match the town’s standard streetlight pole, as closely as possible, subject to more specific criteria below. 3. As specified in paragraph 12-8-7 O above, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by the wireless provider to town in advance so the pole can be replaced promptly in case of a knockdown. 4. All plans shall be signed and sealed by a registered professional engineer. 5. All other standard town details shall apply. D. Specific criteria. 1. New or replacement pole height. A new or replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement pole. a. The “base” height of an existing streetlight pole shall be the height of the vertical pole section from the existing grade. The height of the luminaire mast arm, if higher than the vertical pole section, shall not be used to determine the new overall height of the replacement pole. b. If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister, top of the omni-directional antenna, or the top of the panel antenna. 3. Increase in outside diameter of pole. The non-tapered replacement pole outside diameter of the base section shall be equal to the top section, and the outside diameter shall not exceed eight and five-eighths inches (the pole manufacturing industry standard outside diameter for an 8-inch diameter pole) or a 100% increase in diameter of the original pole, whichever is less. 4. Luminaire mast arms. a. All luminaire mast arms shall be the same length as the original luminaire arm, unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. b. Unless otherwise approved, all luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. c. The replacement luminaire mast arm shall be at the same height above the ground as the existing luminaire. 5. Luminaire fixtures. Marana Regular Council Meeting 01/16/2018 Page 613 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 31 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a. All replacement poles shall have the town standard light-emitting diode (LED) light fixture installed. b. All replacement light fixtures shall have a new town standard photo-cell or sensor provided by the wireless provider. 6. Pole foundation a. All pole foundations shall conform to the town’s standards and specifications on streetlight design and shall be modified for wireless communications equipment and cables. b. The town, in its sole discretion, may allow the pole foundation design to be “worst case” for all soil conditions. c. A separate, one-inch diameter conduit shall be installed in the pole foundation for the town’s luminaire wire and any additional town wires or cables. The town’s conduit shall be trimmed to three inches above the top of the pole foundation. d. The height of the pole foundation shall be two inches above finished grade. If the pole foundation encroaches into any portion of the sidewalk, then the pole foundation shall be flush with the sidewalk. e. Shrouds for the streetlight pole mounting bolts may be required for the replacement pole. 7. Painting of replacement pole. a. If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. For powder coated poles, the wireless provider shall replace with same powder coated color and/or color combination per the town’s street light standards, as directed by the town engineer. 8. Painting antennas and mounting equipment a. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted on a new or replacement unpainted galvanized pole shall be painted per the town’s street light standards, as directed by the town engineer. b. All antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and all other equipment mounted on a painted new or replacement pole shall be painted a color specified by the town. 9. Wireless provider shall install pole numbers on each replacement pole (to match the number on the existing streetlight pole being replaced) per the town’s street light standards, as directed by the town engineer. 12-8-10 Standard design requirements for a small wireless facility on a traffic signal pole. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned traffic signal in the town right-of-way. Marana Regular Council Meeting 01/16/2018 Page 614 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 32 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM B. Purpose of traffic signal pole. 1. The primary purpose of the traffic signal pole shall remain as a pole structure supporting a traffic signal and related streetlight fixtures used to provide traffic control and lighting to the town right-of-way. 2. The attachment of wireless equipment to a new or replacement traffic signal pole that impedes the traffic signal pole’s purpose will not be approved. C. General requirements. 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 2. A replacement pole shall match the town’s standard traffic signal pole, as closely as possible, subject to more specific criteria below. 3. As specified in section 12-8-7 O above, for each individual pole type or style used to support the wireless equipment, one spare replacement pole shall be provided by wireless provider to town in advance so the pole can be replaced promptly in case of a knockdown. 4. All plans shall be signed and sealed by a registered professional engineer. 5. All other standard town details shall apply. D. Specific criteria. 1. New or replacement pole height. A new or replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement pole. The height of the replacement pole is measured from grade to the top of the antenna canister or the top of the panel antennas if the antennas are the highest elements. 3. Increase in outside diameter of pole. a. If the replacement pole is a taper design, the outside diameter of the base section of the replacement pole shall not exceed 12 inches or a 100% increase in the outside diameter of the base section, whichever is less. b. If the replacement pole is non-tapered, then the diameter of the base section shall be equal to the top section and the outside diameter shall not exceed 12 inches or a 100% increase, whichever is less. 4. Signal head mast arms. a. The traffic signal head mast arms shall be the same length as the original signal head mast arm unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. Marana Regular Council Meeting 01/16/2018 Page 615 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 33 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM b. All signal head mast arms shall match the arc (if applicable) and style of the original signal head mast arm. 5. Luminaire mast arms. a. All luminaire mast arms shall be the same length as the original luminaire arm unless the town requires the mast arm to be different (longer or shorter) based upon the location of the replacement pole. b. All luminaire mast arms shall match the arc (if applicable) and style of the original luminaire arm. 6. Signal heads. a. All existing signal heads shall be replaced, at no cost to town, with new standard town light-emitting diode (LED) signal heads. b. All signal heads shall be procured from a town approved signal heads supplier or manufacturer. 7. Luminaire fixtures a. All replacement poles shall have the town standard light-emitting diode (LED) light fixture installed. b. All replacement light fixtures shall have a new town standard photo-cell or sensor provided by the wireless provider. 8. Other town elements on signal mast arm or pole. a. All existing emergency signal detection units, video detection cameras, video cameras, cross walk service buttons, cross walk signals, and any other pedestrian or traffic devices shall be replaced with new units by wireless provider and installed at no cost to the town. b. All equipment shall be procured from a list of town approved suppliers. 9. Signs and other miscellaneous items. All street name plates or signs, directional signs and any other town approved signs shall be replaced with new signs at no cost to the town. All signs and attachments shall be procured from a list of town approved suppliers. 10. Traffic signal pole foundation a. All pole foundations shall conform to the town’s standards and specifications on traffic signal pole design and shall be modified for wireless communications equipment, hand holes and cables. b. The wireless provider shall install a three-inch outside diameter conduit in the pole foundation for the town’s cables and wires for the signal heads, luminaire and devices on the signal mast arm and luminaire mast arm. The town’s conduit shall be trimmed to three inches above the top of the pole foundation. c. In addition to the conduits for the town’s use inside the pole, the wireless provider shall install one of the following two conduit options for its cables and wires: i. One six-inch outside diameter conduit in the pole foundation; or ii. Two four-inch outside diameter conduits in the pole foundation. Marana Regular Council Meeting 01/16/2018 Page 616 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 34 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM d. The length of the conduit installed as required by subparagraph c above shall extend from the pole foundation to six inches above the signal head mast arm. e. Height above ground level. i. If the pole foundation is in a landscaped or unimproved area, the height of the caisson shall be two inches above finished grade. ii. If the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. f. Shrouds shall be provided for the traffic signal pole mounting bolts, including for the replacement pole. 11. Painting of pole, antennas and mounting equipment a. If the replacement traffic signal pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. For powder coated traffic signal poles, the wireless provider shall replace with same powder coated color and/or color combination per the town’s traffic signal standards, as directed by the town engineer. 12. Construction of traffic signal. The installation work of the replacement traffic signal pole, including mast arms, signal heads and devices, must be performed by an Arizona licensed traffic signal contractor with a minimum of five years of experience installing traffic signals. 12-8-11 Standard design requirements for a small wireless facility on an existing utility pole. A. General. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to the proposed collocation of a small wireless facility on an existing town-owned or third party-owned utility pole in the town right-of-way. B. Purpose of the utility pole. 1. The primary purpose of the pole shall remain as a pole structure supporting a cables and wires used to provide communications services and electric distribution in the town right-of-way. 2. The attachment of wireless equipment to an existing third party-owned utility pole that impedes the utility pole’s primary purpose will not be approved. C. General requirements. 1. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 2. All plans shall be signed and sealed by a registered professional engineer. D. Specific criteria. 1. Replacement pole height. A replacement pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if one of the two following height requirements is met: Marana Regular Council Meeting 01/16/2018 Page 617 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 35 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a. Up to a ten-foot increase, not to exceed 50 feet total (whichever is less), per A.R.S. § 9-592(I); or b. Up to 40 feet above ground level, per A.R.S. § 9-592(J). 2. Overall height of replacement utility pole a. The base height of an existing utility pole shall be the height of the vertical pole section from the existing grade. b. If the antennas are the highest vertical element of the site, then the new overall height of the replacement pole is measured from the existing grade to the top of the canister or the top of the panel antenna. 3. Use of existing pole – wood. a. An existing wood pole used for a small wireless facility shall have the antennas contained within an 18-inch outside diameter canister mounted at the top of the pole. b. Unless otherwise approved, the cables and wires from the base of the pole to the antennas shall be installed in a conduit or cable chase outside of the pole, facing away from the street or away from on-coming traffic. c. If a dog house is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the town shall provide the maximum size, dimension and shape of the dog house on a case-by-case basis (refer to exhibit C in section 12-8-25 below). 4. Use of existing pole – metal. a. An existing metal pole used for a small wireless facility shall have the antennas contained within an 18-inch outside diameter canister mounted at the top of the pole. b. Panel antennas on a metal pole shall have the same center of radiation so the antennas will be at the same height on the pole. c. The cables and wires from the base of the pole to the antennas shall be installed in a conduit or cable chase on the outside of the pole, facing away from the street or away from on-coming traffic. d. If a dog house is required as a transition point connecting the underground cables and wires from the ground mounted equipment to the pole, the town engineer shall provide the maximum size, dimension and shape of the dog house on a case-by-case basis (refer to exhibit C in section 12-8-25 below). 5. Painting of pole and dog house. a. If the replacement pole is an unpainted galvanized pole, the pole shall not be painted or have a finish unless otherwise specified by the town. b. If the existing or replacement pole includes a dog house for the transition of the cables and wires to the pole, the dog house shall be painted the same color as the pole or a color specified by the town. 12-8-12 Standard design requirements for a new wireless facility. A. General. Marana Regular Council Meeting 01/16/2018 Page 618 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 36 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 1. The wireless provider shall obtain a conditional use permit under town code chapter 17-18 (wireless communication facilities) for any new wireless facility in the right-of-way, including without limitation those proposed to be placed on a wireless support structure or new utility pole, except those expressly exempt from zoning by Arizona law. 2. In addition to the common standards set forth in section 12-8-8 above, the design standards in this section shall apply to any wireless facility that a wireless provider may install in the right-of-way that is not being placed on an existing streetlight (see section 12-8-9 above), an existing traffic signal pole (see section 12-8-10 above), or an existing utility pole (see section 12-8-11 above). 3. A new wireless support structure, including a monopole not to exceed an outside diameter of 40 inches, shall incorporate the highest level of stealth and concealment of the antennas and wireless equipment in order to minimize the visual impact of the site to the public. B. Purpose of wireless support structure. The sole purpose of a new vertical element or wireless support structure is to attach antennas for the provision of wireless services by a wireless provider in the town’s right-of-way. C. General requirements. 1. A new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated equipment upon the look, feel, theme, and use of the surrounding area. 2. A small wireless facility shall be designed to blend in with the surrounding streetscape with minimal visual impact. 3. The new wireless support structure shall be architecturally integrated and compatible with the use of the surrounding area. 4. The height of the new wireless support structure shall not exceed the maximum allowed height of the zoning district of the nearest property outside the right-of-way where the site is proposed to be located. 5. All plans shall be signed and sealed by a registered professional engineer. D. Specific criteria. 1. New pole height. a. Except as provided in subparagraph b below, the new pole shall not exceed the maximum allowed height of the zoning district of the nearest property outside the right-of-way where the site is proposed to be located. b. A new monopole or utility pole may be installed without zoning review under town code chapter 17-18 (wireless communication facilities) if it falls within the zoning exemptions set forth in A.R.S. § 9-529 (I) and (J). i. A.R.S. § 9-529 (I) provides that a new, replacement or modified utility pole that is associated with the collocation of small wireless facilities and that is installed in the right-of-way is not subject to zoning review and approval if the utility pole does not exceed the greater of either: Marana Regular Council Meeting 01/16/2018 Page 619 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 37 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within 500 feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the authority, but not more than 50 feet above ground level. b) Forty feet above ground level. ii. A.R.S. § 9-529 (J) provides that new small wireless facilities collocated on a utility pole or wireless support structure in the right-of-way are not subject to zoning review and approval if they do not extend more than ten feet above the utility pole or wireless support structure and do not exceed 50 feet above ground level 2. Overall height of new pole. The height of the new wireless support structure is measured from grade to top of the antenna canister, or the top of the panel antenna if the antennas are the highest elements of the site. Otherwise, the measured height shall be from existing grade to the highest point of the wireless support structure. 3. Outside diameter of monopole. The maximum outside diameter of a monopole shall not exceed 40 inches. 4. Stealth and concealment elements. As part of the stealth and concealment elements of the wireless support structure, the town may require the wireless provider to install street name plates, directional signs, and other decorative signs or artistic elements on the structure. a. The wireless provider is solely responsible for the cost of all stealth and concealment elements and the installation of other elements required by the town. b. The wireless provider is responsible for the performance of and any costs incurred for regular upkeep, maintenance and replacement (if necessary) of all stealth and concealment elements. 5. Architectural integration with surrounding area. a. The new wireless support structure shall be designed in consultation with various internal town stakeholders and may include external stakeholders. b. The town may require the new wireless support structure to be constructed of a specific material that will enhance the stealth and concealment of the site. 6. Pole foundation. a. The pole foundation for the wireless support structure shall conform to civil and structural engineering standards acceptable to the town, with design modifications for wireless communications equipment and cables. b. The height of the pole foundation shall be two inches above finished grade, except that if the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area. c. Shrouds must be provided for the pole mounting bolts. Marana Regular Council Meeting 01/16/2018 Page 620 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 38 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 12-8-13 RF safety for town employees To assure that the town’s employees, agents, and representatives have uninterrupted and safe access to the right-of-way and all structures located in the right-of-way, wireless provider must comply with at least one of the following safety protocols: A. Participate in a town-approved or sponsored RF safety program (a “safety program”), enrollment in which shall include: 1. A one-time contribution to the town of two RF personal monitors, as specified below, for monitoring radio frequency emissions from wireless provider facilities during the repair and maintenance of the town’s Facilities and right-of-way. The RF personal monitors shall be delivered to the town engineer within 60 days of the issuanceeffective date of the first permit for a small wireless facility issued to the wireless providertelecom license agreement. a. The RF personal monitor shall be a new, with full original manufacturer’s warranty, NARDA (2271/101) – Nardalert S3 personal & area monitor or equivalent device that is approved by the town. b. The wireless provider shall provide for each Nardalert S3 personal & area monitor, a protective silicon or rubberized cover, and a case to store and carry the device. 2. An annual contribution of $2,500in an amount established by a fee schedule adopted by the council and amended from time to time (“annual contribution”) for third-party training of the town employees who will work on poles that have a wireless facility and for the ongoing operation—including the annual recertification training of the town employees, test set calibration, and test set maintenance and repair—of the town’s safety program. a. The first annual contribution, payable to the town, shall be delivered or transferred as directed by the town engineer within 60 days of the issuanceeffective date of the first permit for a small wireless facility issued to the wireless providertelecom license agreement. b. Each annual contribution thereafter shall be made payable to the town as directed by the town engineer on or before the anniversary date of the issuance date of the first permit for a small wireless facility issued to the wireless providerwithin 60 days of the effective date of the telecom license agreement. 3. On each five-year interval of the issuanceeffective date of the first permit to install a small wireless facility in the towntelecom license agreement, the wireless provider shall provide the town with one additional RF personal monitor that meets or exceeds the requirement in subparagraph 12-8-13 A. 1 above that the town must approve prior to purchase. 4. Prior to performing any work on a wireless site in the right-of-way, the town’s employee will contact the wireless provider’s network operations center, whose information shall be located on the ground equipment or on the pole. The town’s employee shall identify himself or herself as an employee of the town and needs the RF to be turned off at the site for a specified period to perform maintenance or repair work at the site. Upon completion of the work, the town’s employee shall contact the wireless provider’s network operations center and inform them that the site may activate the RF signals. Marana Regular Council Meeting 01/16/2018 Page 621 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 39 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM B. Provide access to a “kill switch” for each wireless site that the town’s employees, agents, or representatives can use to turn off all power to the wireless provider’s facilities while the town’s work is performed at the location. C. Within 24 hours of a request, agree to send a technician with an RF monitor to confirm that all RF emitting equipment has, in fact, been deactivated, and to install all appropriate lockout tags and devices. 12-8-14 Maintenance and utilities Except as expressly provided below, wireless provider shall be solely responsible for all maintenance,repair and utilities for the use area during the term of an issued site permitthe telecom license agreement. Without limitation, wireless provider shall perform the following: A. Maintenance by the town. The town has no maintenance or repair obligations for the communications equipment or other of wireless provider’s improvements. B. Maintenance by wireless provider. Wireless provider shall at all times repair and maintain the use area at wireless provider’s sole expense in a first-class, sound, clean, safe and attractive manner, meeting or exceeding the manner of maintenance at first class comparable facilities in Pima county, Arizona, as determined in the town’s reasonable discretion. The preceding sentence does not require wireless provider to repair or maintain the town’s facilities at the use area unless such work is attributable in whole or in part to wireless provider’s use of the use area. C. Utility service. Wireless provider shall contract for and pay all charges, fees, deposits and other amounts for electricity and telephone and other data communication service to the use area at the rates applicable thereto. Wireless provider shall use no other utilities at the use area. D. Utility interruptions. The town is not responsible for any interruption of utilities to or upon the use area or other difficulties related to utilities at the use area. E. Right of inspection. The town shall be entitled to inspect all construction, reconstruction or installation work and to make such tests as it deems necessary to ensure compliance with the terms herein, the street code, or other telecommunications laws. All the town plans reviews, inspections, standards and other rights and actions with relation to wireless provider’s improvements are for the town’s sole and exclusive benefit and neither wireless provider nor any other person shall rely thereon or have any rights related thereto. The preceding sentence does not prevent wireless provider from relying on consents, permits or approvals the town may grant based on the town’s plans, reviews, and inspections. This right of access is in addition to access rights for the town inspectors or other employees and officers acting within their legal authority. F. Construction notification. The town may establish requirements for wireless provider to notify nearby residents prior to construction. G. Blue stake. Wireless provider shall register with and comply with the local blue stake program. Marana Regular Council Meeting 01/16/2018 Page 622 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 40 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 12-8-15 Breach by wireless provider Wireless provider shall comply with, perform and do each obligation required of wireless provider in this chapter 12-8 and in the approved telecom license agreement, and shall cause all persons using the use area on behalf of wireless provider to do the same. Wireless provider’s failure to do so shall be a material breach by wireless provider of these standard terms. A. Events of default. Each telecom license agreement and siteright-of-way permit is approved upon the condition that each and every one of the following events shall be deemed an “event of default” by wireless provider of wireless provider’s material obligations under these standard terms: 1. If wireless provider shall be in arrears in the payment of use fee and shall not cure such arrearage within 15 days after the town has notified wireless provider of such arrearage. 2. If wireless provider shall fail to operate the communications equipment (except during specific periods expressly excused herein) for a period of 30 consecutive days or a total of 60 days within any 12-month period. 3. If wireless provider shall fail to maintain any insurance required under these standard terms. Notwithstanding the preceding sentence, such failure shall not be a default if within five business days after notice from the town, wireless provider provides to the town the required insurance and the required evidence thereof. Such insurance must cover the past for a period adequate that there is no gap in the insurance coverage required by these standard terms. 4. If the wireless provider’s right to use a pole expires or is terminated for any reason. 5. If wireless provider does not commence and diligently pursue to completion each required stage of construction of the site within the times required herein. The times specified for concluding each stage of required construction have been established far enough in advance, and have taken into account the likelihood of construction delays, so that no cure period is provided. 6. If wireless provider is the subject of a voluntary or involuntary bankruptcy, receivership, insolvency or similar proceeding or if any assignment of any of wireless provider’s or such other person’s property is made for the benefit of creditors or if wireless provider or such other person dies or is not regularly paying its debts as they come due (collectively a “wireless provider insolvency”). 7. If the issuer of any letter of credit fails for any reason to timely and fully honor any request by the town for funds or other performance under the instrument and wireless provider fails to cause the issuer to or some other person to honor the request within ten days after the town notifies wireless provider that a town request for funds has not been honored. 8. If wireless provider fails to obtain or maintain any licenses, permits, or other governmental approvals pertaining to the right-of-way or timely pay any taxes pertaining to the right-of-way and does not cure the failure within 30 days which shall be extended to 90 days if wireless provider begins to cure in good faith within 30 days. Marana Regular Council Meeting 01/16/2018 Page 623 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 41 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 9. If the town is exposed to any liability, obligation, damage, cost, expense, or other claim of any description, whether or not asserted; except that this is not an event of default if wireless provider does all of the following: a. Gives immediate notice to the town of wireless provider’s commitment to indemnify, defend and hold the town harmless against the claim. b. Promptly commences and continues to indemnify, defend and hold the town harmless against the claim. 10. If wireless provider fails to meet its obligations under section 12-8-13 (RF safety for town employees). 11. If wireless provider engages in a pattern of repeated failure (or neglect) to timely do or perform or observe any provision contained in this chapter 12-8 or in the approved telecom license agreement. After the town has once given notice of any failure by wireless provider to comply with its obligations set forth in these standard terms, the following shall constitute a repeated failure by wireless provider to comply with such provision: a. Another failure to comply with any provision of these standard terms during the following 30-day period. b. Three or more failures to comply with any provision of these standard terms during any 90-day period. c. Six or more failures to comply with any provision of these standard terms during any 12-month period. 12. If wireless provider fails or neglects to timely and completely do or perform or observe any other provisions of this chapter 12-8 or the approved telecom license agreement and the failure or neglect continues for a period of 30 days after the town has notified wireless provider in writing of the failure or neglect. B. The town’s remedies. Upon the occurrence of any event of default or at any time thereafter, the town may, at its option and from time to time, exercise at wireless provider’s expense any or all or any combination of the following cumulative remedies in any order and repetitively at the town’s option: 1. Terminate the telecom license agreement and siteright-of-way permits issued to the wireless provider due to wireless provider’s breach; provided, however, that this shall not terminate wireless provider’s obligations arising during the time simultaneous with or prior to or the termination, and in no way eliminates or reduces wireless provider’s liability resulting from the breach. 2. Pay or perform, for wireless provider’s account, in wireless provider’s name, and at wireless provider’s expense, any or all payments or performances required under these standard terms to be paid or performed by wireless provider. 3. Abate at wireless provider’s expense any violation of these standard terms. 4. Notwithstanding anything under these standard terms to the contrary, unilaterally and without wireless provider’s or any other person’s consent or approval, draw upon, withdraw or otherwise realize upon or obtain the value of any letter of credit, escrowed Marana Regular Council Meeting 01/16/2018 Page 624 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 42 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM funds, insurance policies, or other deposits, sureties, bonds or other funds or security held by the town or pledged or otherwise obligated to the town by wireless provider or by any third party (whether or not specifically mentioned herein) and use the proceeds for any remedy permitted by these standard terms. 5. Require an additional security deposit adequate in the town’s sole discretion to protect the town and the right-of-way. 6. Assert, exercise or otherwise pursue at wireless provider’s expense any and all other rights or remedies, legal or equitable, to which the town may be entitled, subject only to the limitation set out below on the town’s ability to collect money damages in light of the violation use fee. C. Violation use fee. In lieu of certain money damages (the “inconvenience costs”) set out below, the following shall apply to wireless provider’s violation of certain limited requirements of these standard terms ( the “violation fee provisions”): 1. The inconvenience costs are the money damages that the town suffers in the form of administrative cost and inconvenience, disharmony among competing users, and general inconvenience in right-of-way use by the town, competing users and the public when wireless provider fails to comply with the violation fee provisions. 2. Wireless provider’s failure to comply with violation fee provisions will result in inconvenience costs in an amount that is and will be impracticable to determine. Therefore, the parties have agreed that, in lieu of wireless provider paying to the town as damages the actual amount of the inconvenience costs for violating the violation fee provisions, wireless provider shall pay the violation use fee. 3. The violation use fee is only intended to remedy inconvenience costs that the town suffers because of wireless provider’s breach of the violation fee provisions. Wireless provider’s payment of a violation use fee does not in any way excuse any breach by wireless provider of these standard terms or limit in any way wireless provider’s obtaining any other legal or equitable remedy provided by these standard terms or otherwise for such breach. For example, wireless provider’s obligation to pay the violation use fee does not in any way detract from wireless provider’s indemnity and insurance obligations under these standard terms, which shall apply according to their terms in addition to wireless provider’s obligation to pay the violation use fee. 4. Wireless provider may elect to draw upon the letter of credit to collect the violation use fee. 5. The violation fee provisions and the amount of the violation use fee per day or part thereof are as follows:per day is an amount established by a fee schedule adopted by the council and amended from time to time. a. $600 per day for wireless provider’s failure to properly restore the public right-of-way or to correct related violations of specifications, code, ordinance or standards within ten business days after the town’s notice to correct such defects. This violation use fee shall be in addition to any cost the town may incur to restore the right-of-way or correct the violation. b. $250 per day for each failure to make wireless provider’s books and records available as required by the telecom license agreement. Marana Regular Council Meeting 01/16/2018 Page 625 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 43 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM c. $500 per instance of any other action or non-action by the wireless provider contrary to these standard terms that causes inconvenience costs and that is not cured after three business days’ notice. 6. Violation use fees shall be assessed as follows: a. If the town determines that wireless provider is liable for a violation use fee, then the town shall issue to wireless provider a notice of the town’s assessing a violation use fee. The notice shall set forth the nature of the violation and the amount of the assessment. b. Wireless provider shall pay the violation use fee within ten days after the town’s notice unless the violation use fee amount exceeds $5,000, in which case the following shall apply: i. Wireless provider shall have 30 days after the notice to pay the violation use fee or give the town notice contesting the assertion of noncompliance. ii. If wireless provider fails to respond to the notice, wireless provider shall pay the violation use fee. Otherwise, the town shall schedule a public hearing to investigate whether the violation use fee is properly assessed. The town shall provide wireless provider at least ten days’ notice of such hearing, which shall specify the time, place and purpose of the hearing. At the hearing, wireless provider shall be provided an opportunity to be heard and present evidence. If the result of the hearing is that wireless provider is liable for the violation use fee, then the violation use fee is due ten days after the hearing decision is announced. D. Non-waiver. Wireless provider acknowledges wireless provider’s unconditional obligation to comply with these standard terms. No failure by the town to demand any performance required of wireless provider under these standard terms, and no acceptance by the town of any imperfect or partial performances under these standard terms, shall excuse such performance or impair in any way the town’s ability to insist, prospectively and retroactively, upon full compliance with these standard terms. No acceptance by the town of use fee payments or other performances under this chapter 12-8 and the approved telecom license agreement shall be deemed a compromise or settlement of any right the town may have for additional, different or further payments or performances as provided for in these standard terms. Any waiver by the town of any breach of condition or covenant set forth in chapter 12-8 or the approved telecom license agreement shall not be deemed or considered as a continuing waiver and shall not operate to bar or otherwise prevent the town from declaring a default for any breach or succeeding or continuing breach either of the same condition or covenant or otherwise. No statement, bill or notice by the town or wireless provider concerning payments or other performances due under chapter 12-8 or the approved telecom license agreement, or failure by the town to demand any performance under chapter 12-8 or the approved telecom license agreement, shall excuse wireless provider from compliance with its obligations nor estop the town (or otherwise impair the town’s ability) to at any time correct such notice and/or insist prospectively and retroactively upon full compliance with the telecom license agreement. No waiver of any description (including any waiver of this sentence or paragraph) shall be effective against the town unless made in writing by a duly authorized representative of the town specifically identifying the particular provision being waived and specifically stating the scope of the Marana Regular Council Meeting 01/16/2018 Page 626 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 44 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM waiver. Wireless provider expressly disclaims and shall not have the right to rely on any supposed waiver or other change or modification, whether by word or conduct or otherwise, not conforming to this paragraph. E. Reimbursement of the town’s expenses. Wireless provider shall pay to the town within 30 days after the town’s demand any and all amounts expended or incurred by the town in performing wireless provider’s obligations (upon wireless provider’s failure to perform the same after notice from the town) together with interest thereon at the rate of 10% per annum from the date expended or incurred by the town. F. Breach by the town. Notwithstanding anything in these standard terms to the contrary, if the town at any time is required to pay to wireless provider any amount or render any performance, such amount or performance is not due until 30 days after notice by wireless provider to the town that the amount has become payable or that the performance is due. In the event a cure cannot be effected during that period, the town shall not be in default so long as the town commences cure during the period and diligently prosecutes the cure to completion provided such cure must be completed within 60 days after the notice. G. Right to setoff and credit. In addition to its other rights and remedies the town shall have the right to setoff and credit from time to time and at any time, any and all amounts due from wireless provider to the town, whether pursuant to these standard terms or otherwise, against any sum which may be due from the town to wireless provider. 12-8-16 Termination The following provisions shall apply at the expiration of the term of eachthe telecom license agreement and site permit: A. Surviving obligations. Expiration or termination of athe telecom license agreement or site permit does not terminate wireless provider’s obligations existing or arising prior to or simultaneous with, or attributable to, the termination or events leading to or occurring before termination. B. Delivery of possession. Wireless provider shall cease using the use area of the expired or terminated site permittelecom license agreement. Wireless provider shall without demand, peaceably and quietly quit and deliver up the use area to the town thoroughly cleaned, in good repair with the use area maintained and repaired and in as good order and condition, reasonable use and wear excepted, as the use area now are or in such better condition as the use area may hereafter be placedprior to wireless provider’s activities. C. Confirmation of termination. Upon expiration or termination of a telecom license agreement or site permit for any reason, wireless provider shall provide to the town upon demand recordable disclaimers covering the use area executed and acknowledged by wireless provider and by all persons claiming through these standard terms, the telecom license agreement, any siteright-of-way permit, or wireless provider any interest in or right to use the use area. D. Removal of improvements. Wireless provider shall remove all communications equipment and restore the use area including pole, mast arms, luminaires, or wireless support structure to its prior condition, or to a condition matching the town’s surrounding land and improvements, as directed by the town, at wireless provider’s expense prior to normal expiration of the term of a telecom license agreement or site permit, or within 90 days after Marana Regular Council Meeting 01/16/2018 Page 627 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 45 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM full or partial termination of a telecom license agreement or site permit for any other reason whatsoever. Without limitation, such work shall include revegetation and appropriate irrigation systems for revegetated areas. Notwithstanding anything in these standard terms to the contrary, the town may elect to require wireless provider to leave any or all construction or other items (except the communications equipment) in place, and all such items shall be owned by the town. Unless the town directs otherwise, all wiring, pipes and conduits shall be left in good and safe condition, in working order, with each end properly labeled and enclosed in proper junction boxes. E. Prior improvements. This article also applies to any improvements that wireless provider may have made to the use area. 12-8-17 Indemnity and insurance During the entire term of anythe telecom license agreement or site permit, wireless provider shall insure its property and activities at and about the use area and shall provide insurance and indemnification as follows: A. Insurance required. Not later than the date of the telecom license agreement, and at all times thereafter when wireless provider is occupying or using the use area in any way, wireless provider shall obtain and cause to be in force and effect the following insurance: 1. Commercial general liability. Commercial general liability insurance with a limit of $10,000,000 for each occurrence, a limit of $10,000,000 for products and completed operations annual aggregate, and a limit of $10,000,000 general aggregate limit per policy year. The policy shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, bodily injury, advertising injury, and liability assumed under an “insured contract” including the telecom license agreement. The policy will cover wireless provider’s liability under the indemnity provisions set forth in these standard terms. The policy shall contain a “separation of insured’s” clause. 2. Automobile liability. Automobile liability insurance with a limit of $1,000,000 for each occurrence covering any and all owned, hired, and non-owned vehicles assigned to or used in any way in connection with wireless provider’s use of the right-of-way. Without limitation, such insurance shall cover hazards of motor vehicle use for loading and off-loading. 3. Workers’ compensation. Such workers’ compensation and similar insurance as is required by law and employer’s liability insurance with a minimum limit of $100,000 for each accident, $100,000 disease for each employee, $500,000 policy limit for disease. All contractors and subcontractors must provide like insurance. 4. Special risk property. Unless waived by the town in writing, all risk property insurance covering damage to or destruction of all real and personal improvements to the right-of-way, including without limitation all improvements existing upon the right-of-way or constructed after the telecom license agreement or siteright-of-way permit is in effect, shall be effective and in force prior to the effective date of an approved telecom license agreement or siteright-of-way permit, in an amount equal to full replacement cost of all such improvements. The insurance shall be special causes of loss policy form (minimally including perils of fire, lightning, explosion, windstorm, hail, Marana Regular Council Meeting 01/16/2018 Page 628 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 46 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM smoke, aircraft, vehicles, riot, civil commotion, theft, vandalism, malicious mischief, collapse and flood). Coverage shall include pollutant clean up and removal with minimum limits coverage of $50,000. 5. Other insurance. Any other insurance the town may reasonably require for the protection of the town and the town’s employees, officials, representatives, officers and agents (all of whom, including the town, are collectively “additional insureds”), the right-of-way, surrounding property, wireless provider, or the activities carried on or about the right-of-way. Such insurance shall be limited to insurance a reasonable person owning, leasing, designing, constructing, occupying, or operating similar facilities might reasonably purchase. B. Policy limit escalation. The town may elect by notice to wireless provider to increase the amount or type of any insurance to account for inflation, changes in risk, or any other factor that the town reasonably determines to affect the prudent amount of insurance to be provided. C. Form of all insurance. All insurance provided by wireless provider with respect to the right-of-way, whether required in these standard terms or not, shall meet the following requirements: 1. “Occurrence” coverage is required. 2. If wireless provider uses any excess insurance then such excess insurance shall be “follow form” equal to or broader in coverage than the underlying insurance. 3. Policies must also cover and insure wireless provider’s activities relating to the business operations and activities conducted away from the right-of-way. 4. Within five business days of receiving a written request from the town, wireless provider shall provide copies of insurance certificates, insurance policies, formal endorsements or other documentation acceptable to the town that all insurance coverage required herein is provided. 5. Wireless provider’s insurance shall be primary insurance with respect to claims arising out of wireless provider’s operations, activities and obligations set forth in these standard terms. 6. All policies, including workers’ compensation, shall waive transfer rights of recovery (subrogation) against the town, and the other additional insureds. 7. All deductibles, retentions, or “self-insured” amounts shall be subject to the following: a. Wireless provider shall be solely responsible for any self-insurance amount or deductible. b. Such amounts shall not exceed in total $100,000 per loss. At such times as wireless provider’s net worth is more than $100,000,000, such limit shall be $1,000,000. c. Any self-insured exposure shall be deemed to be an insured risk under the telecom license agreement. d. Wireless provider shall provide to the beneficiaries of all such amounts no less insurance protection than if such self-insured portion was fully insured by an insurance company of the quality and caliber required this section. Marana Regular Council Meeting 01/16/2018 Page 629 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 47 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM e. The right to self-insure is limited and specific to wireless provider and does not extend to wireless provider’s contractors or others. 8. All policies except workers’ compensation must name the town and the other additional insureds as additional insureds. Wireless provider shall cause coverage for additional insureds to be incorporated into each insurance policy by endorsement with respect to claims arising out of wireless provider’s operations, activities and obligations under these standard terms. 9. All policies must require the insurer to provide the town with at least 30 days’ prior notice of any cancellation. The insurer’s duty to notify the town of changes in coverage shall not include phrases such as “endeavor to” or “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.” 10. All policies shall require that notices be given to the town in the manner specified for notices to the town set forth in these standard terms. D. Insurance certificates. Wireless provider shall evidence all insurance by furnishing to the town certificates of insurance annually and with each change in insurance coverage. Certificates must evidence that the policy described by the certificate is in full force and effect and that the policy satisfies each requirement of these standard terms applicable to the policy. For example, certificates must evidence that the town and the other additional insureds are additional insureds. Certificates must also be in an industry standard form reasonably acceptable to the town. Wireless provider shall provide updated certificates at the town’s request. E. Acceptable insurers. All insurance policies shall be issued by insurers acceptable to the town. At a minimum, all insurers shall be duly licensed (or qualified unlicensed non-admitted insurer) by the state of Arizona, department of insurance. At a minimum, all insurers shall have and maintain an A.M. Best, Inc. rating of B++ 6. F. No representation of coverage adequacy. By requiring insurance, the town does not represent that coverage and limits will be adequate to protect wireless provider. The town reserves the right to review any and all of the insurance policies and/or endorsements cited in these standard terms but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in these standard terms or failure to identify any insurance deficiency shall not relieve wireless provider from, nor be construed or deemed a waiver of, wireless provider’s obligation to maintain the required insurance at all times. G. Indemnity. In addition to all other indemnities and other obligations hereunder, to the fullest extent permitted by law, throughout the term of each telecom license agreement and siteright-of-way permit and until all obligations and performances under or related to these standard terms are satisfied and all matters described in this paragraph are completely resolved, wireless provider and all other persons using, acting, working or claiming through or for wireless provider (if they or their subcontractor, employee or other person or entity hired or directed by them participated in any way in causing the claim in question)) shall jointly and severally indemnify, defend and hold harmless the town and all other additional insureds for, from and against any and all claims or harm related to wireless provider’s use of the right-of-way or the rights granted to wireless provider with respect to the right-of-way Marana Regular Council Meeting 01/16/2018 Page 630 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 48 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM or wireless provider’s exercise of its rights under these standard terms (the “indemnity”). Without limitation, the Indemnity shall include and apply to any and all allegations, demands, judgments, assessments, taxes, impositions, expenses, proceedings, liabilities, obligations, suits, actions, claims (including without limitation claims of personal injury, bodily injury, sickness, disease, death, property damage, destruction, loss of use, financial harm, or other impairment), damages, losses, expenses, penalties, fines or other matters (together with all attorney fees, court costs, and the cost of appellate proceedings and all other costs and expenses of litigation or resolving the claim) that may arise in any manner out of any use of the right-of-way or other property pursuant to any telecom license agreement or siteright-of-way permit or any actions, acts, errors, mistakes or omissions relating to work or services in the performance of or related to the telecom license agreement or siteright-of-way permit, including without limitation any injury or damages or cause of action claimed or caused by any employees, contractors, subcontractors, tenants, subtenants, agents or other persons upon or using the right-of-way or surrounding areas related to wireless provider’s exercise of its rights under the telecom license agreement, including without limitation, claims, liability, harm or damages caused in part by the town or any other additional insured or anyone for whose mistakes, errors, omissions or negligence wireless provider or the town may be liable. As a condition to the town’s approval of any telecom license agreement or siteright-of-way permit, wireless provider specifically agrees that to the extent any provision of this paragraph is not fully enforceable against wireless provider for any reason whatsoever, this paragraph shall be deemed automatically reformed to the minimal extent necessary to cause it to be enforceable to the fullest extent permitted by law. The indemnity shall also include and apply to any environmental injury, personal injury or other liability relating to wireless provider’s use of real property under each siteright-of-way permit. Notwithstanding the foregoing, the Indemnity does not apply to: 1. Claims arising only from the sole gross negligence or intentionally wrongful acts of the town. 2. Claims that the law prohibits from being imposed upon the indemnitor. H. Risk of Loss. Wireless provider assumes the risk of any and all loss, damage or claims related to wireless provider’s use of the right-of-way or other property of the town, wireless provider or third parties throughout the term of any telecom license agreement or siteright-of-way permit. Wireless provider shall be responsible for any and all damage to its property and equipment related to these standard terms. I. Insurance to be provided by others. Wireless provider shall cause its contractors or other persons occupying, working on or about, or using the right-of-way pursuant to these standard terms to be covered by their own or wireless provider’s insurance as required by these standard terms. The required policy limits for commercial general liability insurance provided by such persons shall be $1,000,000 for each occurrence, $1,000,000 for products and completed operations annual aggregate, and $2,000,000 general aggregate limit per policy year. This paragraph does not apply to persons who do not actually perform physical labor in the right-of-way (such as wireless provider’s consulting design engineers). Marana Regular Council Meeting 01/16/2018 Page 631 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 49 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 12-8-18 Condemnation This section governs any condemnation of any part of or interest in the use area and any conveyance to the town or another condemnor in avoidance or settlement of condemnation or a threat of condemnation. A. Termination for condemnation. The site permit forwireless provider’s right to use the use area shall terminate on the date that is the earlier of the date title vests in the condemnor, or the date upon which the condemnor is let into possession. Notwithstanding the foregoing, if the town reasonably determines that the use area continues to be suitable for wireless provider to conduct the permitted uses, the town may elect to cause the site permittelecom license agreement to continue to remain in effect as to the part of the use area not taken and the use fee shall not be reduced or abated. Nevertheless, if wireless provider reasonably determines that the use area is not suitable for wireless provider to conduct the permitted uses, then the site permit forwireless provider’s right to use that use area shall terminate when wireless provider gives written notice to the town engineer of the site permit termination of the telecom license agreement as to that use area. B. Condemnation proceeds. Wireless provider hereby assigns and transfers to the town wireless provider’s entire interest in all condemnation damages, interest, severance damages, and any other payments or proceeds of any kind relating to the condemnation (collectively the “condemnation proceeds”). Wireless provider shall execute and deliver to the town assignments or other instruments requested by the town confirming such assignment and transfer. Wireless provider shall immediately pay to the town any condemnation proceeds wireless provider may receive. The condemnation proceeds shall not include relocation benefits, if any, awarded specifically to wireless provider to cover expenses of relocating wireless provider’s business located at the use area at the time of the condemnation, or any compensation specifically awarded to wireless provider for any taking of the communications equipment itself. Any repair, relocation or similar costs relating to the communications equipment shall be borne by wireless provider. C. Power to condemn. Wireless provider acknowledges that the town and others from time-to-time may use the power to condemn the use area or any interest in it. The town has not relinquished any right of condemnation or eminent domain over the use area. The town does not warrant that the town will not condemn the use area during the term of the site permittelecom license agreement, but (unless the town’s representatives state otherwise at the time of the siteright-of-way permit issuance) the town represents by its issuance of the siteright-of-way permit that it does not presently have intentions to condemn the use area. 12-8-19 Damage to or destruction of the use area This section governs damage to or destruction of the use area by fire, flood, explosion, the elements, the public enemy, or other casualty (collectively “casualty damage”): A. Damage to wireless provider’s improvements. Wireless provider shall commence restoring the casualty damage to wireless provider’s improvements within 30 days after any casualty damage occurs. Wireless provider shall complete the restoration work within 30 days after commencement. The work shall be subject to the plans approval process and all other requirements for wireless provider’s improvements. Wireless provider shall perform all restoration work at wireless provider’s sole cost and expense. Marana Regular Council Meeting 01/16/2018 Page 632 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 50 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM B. Monthly restoration work report. Wireless provider shall provide to the town no later than the tenth day of each month a written narrative report of the progress of the restoration work. 12-8-20 Wireless provider’s records During the entire term of anythe telecom license agreement or site permit, wireless provider shall keep records and provide information to the town as provided in this section. A. Scope of information. Unless otherwise specified, all of wireless provider’s recordkeeping and disclosure obligations under this article are limited to the following (collectively the “covered information”): 1. The status of the construction, repair or restoration of wireless provider improvements. 2. Information indicating whether the town or wireless provider is in compliance with the terms hereinof this chapter, all other applicable provisions of the town code, and the telecom license agreement. 3. Records inspection. At wireless provider’s expense, wireless provider shall: 4. Permit and assist the town and its representatives upon 21 days’ notice to inspect, audit, and copy wireless provider’s records of covered information. 5. Make the records of covered information (and reasonable accommodations for the town’s audit and inspection) available to the town at wireless provider’s Arizona offices. 6. Cause wireless provider’s employees and agents and accountants to give their full cooperation and assistance in connection with the town’s access to the covered information. B. Record retention. Wireless provider shall preserve records of the covered information in a secure place at wireless provider’s corporate headquarters in the continental United States for a period ending seven years after the time period reported by the records. C. Record media included. The town’s and wireless provider’s rights and obligations regarding the covered information apply regardless of the type of media, materials, or data repositories that may contain the covered information. The town shall have access to covered information contained, without limitation, in records, books, papers, documents, recordings, computer data, contracts, logs, notes, ledgers, correspondence, reports, drawings, and memoranda, and any and all other sources, records and repositories of covered information. D. Reports. Wireless provider shall deliver to the town written reports (and, if requested by the town, a presentation to the town’s governing council or designee) covering such covered information as the town may request from time to time. The town shall not request such reports more often than once in any 12-month period. E. Standards for records. Wireless provider shall maintain a standard, modern system of recordkeeping for the covered information and shall keep and maintain proper and accurate books and other repositories of information relating to the covered information. 12-8-21 Compliance with law Wireless provider shall perform its obligations under these standard terms in accordance with all federal, state, county and local laws, ordinances, regulations or other rules or policies as are Marana Regular Council Meeting 01/16/2018 Page 633 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 51 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM now in effect or as may hereafter be adopted or amended. Without limiting in any way the generality of the foregoing, wireless provider shall comply with all and each of the provisions set forth in this section. A. Applicability of municipal law. Without limitation, wireless provider shall comply with municipal laws as follows: 1. Wireless provider acknowledges nothing set forth in this chapter 12-8 or in the telecom license agreement or any siteright-of-way permit constitutes, and the town has not promised or offered, any type of waiver of, or agreement to waive (or show any type of forbearance, priority or favoritism to wireless provider with regard to) any law, ordinance, power, regulation, tax, assessment or other legal requirement now or hereafter imposed by the town or any other governmental body upon or affecting wireless provider, the use area, or the right-of-way or wireless provider’s use of the use area, or the right-of-way. 2. All of wireless provider’s obligations hereunder are in addition to, and cumulative upon (and not to any extent in substitution or satisfaction of), all existing or future laws and regulations applicable to wireless provider. 3. The town, by entering into the telecom license agreement or issuing a siteright-of-way permit, cannot and has not relinquished or limited any right of condemnation or eminent domain over the use area or any other property related to these standard terms or within the right-of-way. 4. A telecom license agreement or siteright-of-way permit cannot and does not impair the town’s, power to enact, apply or enforce any laws or regulations, or exercise any governmental powers affecting in any way wireless provider, any use area, or the right-of-way. 5. The town’s rights and remedies under the telecom license agreement and any siteright-of-way permit for wireless provider’s failure to comply with all applicable laws supplement and are in addition to and do not replace otherwise existing powers of the town or any other governmental body. 6. Wireless provider’s rights under the telecom license agreement and any siteright-of-way permit are further subject to all present and future building restrictions, regulations, zoning laws, and all ordinances, resolutions, rules and orders of all bodies, bureaus, commissions and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction over any use area or wireless provider’s use of any use area. Wireless provider shall comply with all of the foregoing. B. Radio frequency compliance requirements. Wireless provider shall document, report and confirm its compliance with FCC radio frequency exposure guidelines (FCC OET bulletin 65) and all other FCC rules as follows: 1. Wireless provider shall cause its senior internal engineer responsible for compliance with the FCC rules to deliver to the town a letter attesting that wireless provider’s operation of the communications equipment is in compliance with the FCC rules. A statement from wireless provider declaring exemption from reporting to FCC is not acceptable to comply with the requirements of this paragraph. Marana Regular Council Meeting 01/16/2018 Page 634 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 52 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 2. Wireless provider shall maintain records of radio frequency measurements and communications equipment performance in accordance with the FCC rules. 3. Wireless provider shall also evidence and demonstrate its compliance with the FCC rules in such manner and at such intervals as the town code and other applicable laws and regulations may mandate. C. Government property lease excise tax. Wireless provider shall be responsible for any and all property taxes and all government property lease excise taxes described in A.R.S. § 42-6201 et seq. or similar laws in force from time to time. Pursuant to A.R.S. § 42-6206, failure by wireless provider to pay the taxes after notice and an opportunity to cure is an event of default that could result in divesting wireless provider of any interest in or right of occupancy of the use area. D. Use area regulations. The town reserves the right to adopt, amend and enforce against wireless provider rules and regulations governing the operation of the right-of-way, including the use area, wireless provider’s activities on them, and the public areas and facilities used by wireless provider in connection with them. E. Taxes, liens and assessments. In addition to all other amounts provided in this chapter 12-8 and in the telecom license agreement and any siteright-of-way permit, and to the extent consistent with applicable law, wireless provider shall pay, when they become due and payable, all taxes and general and special fees, charges and assessments of every description that during the term of any telecom license agreement or siteright-of-way permit may be levied upon or assessed upon or with respect to wireless provider’s use of the right-of-way, the operations conducted there, any amounts paid or other performances required by these standard terms by either party, and all possessory interest in the right-of-way and wireless provider’s improvements and other property located there. Wireless provider shall pay, indemnify, defend and hold harmless the town from any and all obligations, including any interest, penalties and other expenses which may be imposed, and from any lien or sale or other proceedings to enforce their payment. F. Permits. Nothing in these standard terms relieves wireless provider of the obligation to obtain permits, licenses and other approvals from the town or other units of government that are required for the erection, construction, reconstruction, installation, operation or maintenance of the communications equipment or provision of telecommunications services; or from compliance with applicable municipal codes, ordinances, laws and policies, such as zoning and land use ordinances and regulations, pavement cut and restoration ordinances and regulations, subdivision and project improvement ordinances, curb cut permits, building permits, right-of-way permits and the like. 12-8-22 Assignment Telecom license agreements and siteright-of-way permits are not assignable by wireless provider (and any assignment shall be void and vest no rights in the purported assignee) unless the assignment is made in strict compliance with the requirements of this section. A. Assignments affected. Every assignment of any of wireless provider’s interest in the right-of-way, the telecom license agreement, any siteright-of-way permit, or any of wireless provider’s rights or interests under this chapter 12-8 is prohibited unless wireless provider first receives from the town notice of the town’s consent to the assignment. The town’s Marana Regular Council Meeting 01/16/2018 Page 635 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 53 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM consent to assignment shall not be unreasonably withheld, conditioned, or delayed. All references in these standard terms to assignments by wireless provider or to assignees shall be deemed also to apply to all of the following transactions, circumstances and conditions and to all persons claiming pursuant to such transactions, circumstances and conditions: 1. Any voluntary or involuntary assignment, conveyance or transfer of wireless provider’s right to use the right-of-way under the telecom license agreement or any siteright-of-way permit, or any interest or rights of the town under the telecom license agreement or any siteright-of-way permit, in whole or in part. 2. Any voluntary or involuntary pledge, lien, mortgage, security interest, judgment, claim or demand, whether arising from any contract, any agreement, any work of construction, repair, restoration, maintenance or removal, or otherwise affecting wireless provider’s rights to use the right-of-way (collectively “liens”). 3. Any voluntary or involuntary assignment by wireless provider of any interest in the telecom license agreement or any siteright-of-way permit for the benefit of creditors. 4. A wireless provider insolvency. 5. The occurrence of any of the foregoing by operation of law or otherwise. 6. The occurrence of any of the foregoing with respect to any assignee or other successor to wireless provider. B. Pre-approved assignments. Subject to certain conditions hereafter stated, the town hereby consents to certain assignments (the “pre-approved assignments”). Only the following assignments are pre-approved assignments: 1. Complete assignment of telecom license agreement and site permits. Wireless provider’s complete assignment of all of wireless provider’s rights and interests in the telecom license agreement, site permits,and associated use areas to a single assignee who meets all of the following requirements, as determined by the town in the town’s reasonable discretion (a “qualified operator”): a. The assignee has experience, management, credit standing and financial capacity and other resources equal to or greater than wireless provider’s and adequate to successfully perform the obligations set forth herein. b. The assignee is experienced in the management and operation of similar projects. c. The assignee assumes all of wireless provider’s obligations under the telecom license agreement and site permits. d. The assignee has a net worth of not less than $50,000,000. 2. Stock transfers. The transfer of publicly traded stock, regardless of quantity. 3. Merger. The merger or consolidation of wireless provider with another entity that is a qualified operator. 4. Common ownership transfer. Wireless provider’s complete assignment of all of wireless provider’s rights and interests in the telecom license agreement, site permits,and associated use areas to single assignee who is and remains a wholly owned subsidiary of wireless provider’s sole owner as of the date of the telecom license agreement (or a wholly owned Marana Regular Council Meeting 01/16/2018 Page 636 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 54 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM subsidiary of a wholly owned subsidiary of wireless provider’s sole owner as of the date of the telecom license agreement). C. Limitations on assignments. The town’s consent to any assignment, including without limitation, pre-approved assignments, is not effective until the following conditions are satisfied: 1. Except for the sale of stock, wireless provider shall provide to the town a summary of provisions of the transaction documents assigning its interests. 2. Each assignee must execute an assumption of the telecom license agreement and site permits in substantially the form set forth in section 12-8-26 (Forms). 3. Each pre-approved assignment must satisfy all other requirements of these standard terms pertaining to assignments. D. Assignment remedies. Any assignment without the town’s consent shall be void and shall not result in the assignee obtaining any rights or interests. The town may, in its sole discretion and in addition to all other remedies available to the town under these standard terms or otherwise, and in any combination, terminate the telecom license agreement and any and all siteright-of-way permits, collect use fee from the assignee and/or declare the assignment to be void, all without prejudicing any other right or remedy of the town under these standard terms. No cure or grace periods shall apply to assignments prohibited under these standard terms or to enforcement of any provision under these standard terms against an assignee who did not receive the town’s consent. E. Effect of assignment. Prior to any assignment, each assignee must execute an assumption of the telecom license agreement and each site permit in the form set forth in section 12-8-25. No action or inaction by the town shall be deemed a waiver of the prohibition on assignments or any other provision herein, or the acceptance of the assignee, wireless provider or occupant as wireless provider, or a release of wireless provider from the further performance by wireless provider of the provisions of the telecom license agreement or any siteright-of-way permit. Consent by the town to an assignment shall not relieve wireless provider from obtaining the town’s consent to any further assignment. No assignment shall release wireless provider from any liability under this chapter 12-8 or the telecom license agreement. F. Enforceability after assignment. No consent by the town shall be deemed to be a novation. The town’s consent to any assignment does not in any way expand or modify the terms set forth in these standard terms or waive, diminish or modify any of the town’s rights or remedies under the telecom license agreement or any siteright-of-way permit. The terms set forth in these standard terms shall be enforceable against wireless provider and each successor, partial or total, and regardless of the method of succession, to wireless provider’s interest under this chapter 12-8 or the telecom license agreement. Each successor having actual or constructive notice of the telecom license agreement or any siteright-of-way permit shall be deemed to have agreed to the preceding sentence. G. Grounds for refusal. Except for the pre-approved assignments, no assignment of any telecom license agreement or site permit by wireless provider is contemplated or bargained for. Without limitation, the town has the right to impose upon any consent to assignment such conditions and requirements as the town may deem appropriate. Marana Regular Council Meeting 01/16/2018 Page 637 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 55 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM H. Consent to assignments. Wireless provider shall attach to each pre-approved assignment a copy of wireless provider’s notice to the town of the pre-approved assignment and other required documents, wireless provider shall attach to each other assignment, a copy of the town’s notice to wireless provider of the town’s consent to the assignment. These standard terms shall continue to be enforceable according to its terms in spite of any provisions of any documents relating to an assignment. I. Assignment fee. Wireless provider shall pay to the town in advance a nonrefundable fee in an amount set forth in the town’s comprehensiveestablished by a fee schedule adopted by the council and amended from time to time for legal, administrative and other expenses related to every pre-approved assignment of any license agreement or site permit (other than the sale of publicly traded stock) or to any request for a consent to assignment, whether or not the town grants the request. 12-8-23 Miscellaneous The additional provisions set forth in this section apply to each and every telecom license agreement and siteright-of-way permit. A. Amendments. These standard terms may not be amended except by a formal writing executed by all of the parties. B. Dates. Any reference to a year shall refer to a calendar year unless a fiscal year is specifically stated. Sunday, Saturday and Arizona legal holidays are holidays. C. Time of essence. Time is of the essence of each and every provision of this chapter 12-8, the telecom license agreement, and any siteright-of-way permit. D. Severability. If any provision of these standard terms shall be ruled by a court or agency of competent jurisdiction to be invalid or unenforceable for any reason, then: 1. The invalidity or unenforceability of the provision shall not affect the validity of any remaining provisions of these standard terms. 2. These standard terms shall be automatically reformed to secure to the parties the benefits of the unenforceable provision, to the maximum extent consistent with law. E. Conflicts of interest. No officer, representative or employee of the town shall have any direct or indirect interest in the telecom license agreement or any siteright-of-way permit, or participate in any decision relating to any telecom license agreement or siteright-of-way permit that is prohibited by law. F. No partnership. The transactions and performances contemplated hereby shall not create any sort of partnership, joint venture or similar relationship between the parties. G. Nonliability of officials and employees. No official, representative or employee of the town shall be personally liable to any party, or to any successor in interest to any party, in the event of any default or breach by the town or for any amount which may become due to any party or successor, or with respect to any obligation of the town or otherwise under the terms of the telecom license agreement or any siteright-of-way permit, or in any way related to the telecom license agreement or any siteright-of-way permit. H. Notices. Notices under this chapter 12-8 and under the telecom license agreement and any siteright-of-way permit shall be given in writing delivered to the other party or mailed by Marana Regular Council Meeting 01/16/2018 Page 638 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 56 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM registered or certified mail, return receipt requested, postage prepaid to the addresses set forth in the telecom license agreement and to the town as follows: If to the town: Town engineer Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a copy to: Town attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 By notice from time to time, a person may designate any other street address within Pima County, Arizona as its address for giving notice under this chapter 12-8 and under the telecom license agreement. Service of any notice by mail shall be deemed to be complete three days (excluding Saturday, Sunday and legal holidays) after the notice is deposited in the United States mail. I. Construction. Whenever the context of these standard terms requires herein the singular shall include the plural, and the masculine shall include the feminine. J. Funding. This subparagraph shall control notwithstanding any provision of the telecom license agreement or any exhibit or other agreement or document related to it. If funds necessary to fulfill the town’s obligations under the telecom license agreement or any site permit are not appropriated by the town council, the town may terminate the telecom license agreement and/or any site permit,by notice to wireless provider. The town shall use best efforts to give notice of termination to wireless provider at least 30 days prior to the end of the town’s then current fiscal period. Termination in accordance with this provision shall not constitute a breach of the telecom license agreement or site permit by the town. No person will be entitled to any compensation, damages or other remedy from the town for the termination of a telecom license agreement or site permit pursuant to the terms of this subsection. K. No third party beneficiaries. No person or entity shall be a third party beneficiary to the telecom license agreement or shall have any right or cause of action hereunder. The town shall have no liability to third parties for any approval of plans, wireless provider’s construction of improvements, wireless provider’s negligence, wireless provider’s failure to comply with the provisions of these standard terms (including any absence or inadequacy of insurance required to be carried by wireless provider). L. Exhibits. All exhibits specifically stated to be attached to this chapter 12-8 or to the telecom license agreement are hereby incorporated into and made an integral part of the telecom license agreement for all purposes. M. Attorneys’ fees. If any action, suit or proceeding is brought by either party to enforce the telecom license agreement or any siteright-of-way permit, or for failure to observe any of the covenants of the telecom license agreement or siteright-of-way permit, or to vindicate or exercise any rights or remedies under the telecom license agreement or any siteright-of-way permit, the prevailing party shall be entitled to recover from the other party the prevailing Marana Regular Council Meeting 01/16/2018 Page 639 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 57 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM party’s reasonable attorneys’ fees and other reasonable litigation costs (as determined by the court, and not a jury). N. Approvals and inspections. All approvals, reviews and inspections by the town are for the town’s sole benefit and not for the benefit of wireless provider, its contractors, engineers or other consultants or agents, or any other person. O. Legal workers. If and to the extent A.R.S. § 41-4401 is applicable, wireless provider shall comply with laws regarding workers as follows: 1. Wireless provider warrants to the town that wireless provider and all its subcontractors will comply with all federal immigration laws and regulations that relate to their employees and that wireless provider and all its subcontractors now comply with the e-verify program under A.R.S. § 23-214(A). This is referred to in these standard terms as the “immigration warranty.” 2. A breach of the immigration warranty by wireless provider shall be deemed a material breach of the telecom license agreement and any issued siteright-of-way permit that is subject to penalties up to and including termination of the telecom license agreement and siteright-of-way permit. 3. The town retains the legal right to inspect the papers of any employee of wireless provider or any subcontractor who works on a use area pursuant to the telecom license agreement and any issued siteright-of-way permit to ensure that they or the subcontractor is complying with the immigration warranty. 4. The town may conduct random verification of wireless provider’s and its subcontractors’ employment records to ensure compliance with the immigration warranty. 5. Wireless provider shall indemnify, defend and hold the town harmless for, from and against all losses and liabilities arising from any and all violations of the immigration warranty. 12-8-24 Town engineer authorization A. The town engineer is hereby authorized to sign telecom license agreements and other documents in form substantially conforming to those set forth in section 12-8-26 (Forms). B. The town council shall review and approve any telecom license agreement with a wireless provider containing different or additional terms than those authorized by this chapter (see A.R.S. § 9-592 (F)). 12-8-25 Exhibits The following exhibits are incorporated by reference into this chapter 12-8. [See separate PDF of exhibits, adopted as Exhibit C to Marana Resolution No. 2018-004.] 12-8-26 Forms A. Forms shall substantially conform to those set forth in this section, with such revisions as may be approved as to substance by the town manager and town engineer and approved as to form and legality by the town engineer. B. Form of telecom license agreement. Marana Regular Council Meeting 01/16/2018 Page 640 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 58 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM TOWN OF MARANA RIGHT-OF-WAY TELECOM LICENSE AGREEMENT THIS TELECOM LICENSE AGREEMENT is granted by the TOWN OF MARANA (the “Town”), an Arizona municipal corporation; in favor of _________________________________ (the “Wireless Provider”). The Town and Wireless Provider are each sometimes referred to as a “Party” and together referred to as the “Parties.” RECITALS The Town owns and controls public right-of-way within the town limits of the Town of Marana. Wireless Provider desires to install and operate wireless telecommunications receiving, processing and transmitting devices and related electronic equipment (the “Communications Equipment”) in the public right-of-way in accordance with the Standard Terms, this Telecom License Agreement, and the terms of one or more Site Permitsright-of-way permits issued by the Town. Wireless Provider has obtained or is in the process of seeking from the Town one or more right-of-way permits pursuant to Marana Town Code Chapter 12-7 (Construction in town rights-of-way) (the “Street Code”), each of which is referred to in this Telecom License Agreement as a “Site Permitright-of-way permit” for a specifically described parcel of Town right-of-way referred to in the Site Permitright-of-way permit and in this Telecom License Agreement as a “Use Area.” LICENSE NOW,THEREFORE, in consideration of the foregoing recitals, which are incorporated into this License as though fully restated here, and the mutual covenants set forth in this License, the Parties hereby agree as follows: 1.Incorporation of Standard Terms. Marana Town Code Chapter 12-8 (Wireless communication facilities in the right-of-way) sets out the various recitals and provisions (collectively the “Standard Terms”) of this Telecom License Agreement, and is incorporated by reference as if set forth in full in this Telecom License Agreement. WIRELESS PROVIDER WARRANTS AND REPRESENTS THAT WIRELESS PROVIDER HAS READ AND AGREES TO THE STANDARD RECITALS AND THE STANDARD TERMS. Capitalized termsTerms used but not defined in this Telecom License Agreement shall have the meanings assigned by the Standard Terms. 2.License. The Town hereby authorizes the Wireless Provider to use the Use Area of each Site Permitright-of-way permit in conformance with this Telecom License Agreement and all applicable local, state, and federal laws and regulations. 3.Use of Use Area. Wireless Provider may use the Use Area for the installation of the particular Communications Equipment in the particular configuration all as described in the Boundary Plan and other supporting materials submitted by the Wireless Provider for the Site Permitright-of-way permit. Marana Regular Council Meeting 01/16/2018 Page 641 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 59 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM 4.Term; modification, termination, assignment, etc. This Telecom License Agreement is issued for an initial term of ten years, and its term, modification, termination, assignment, and other terms, conditions, and provisions are set forth in the Standard Terms. 5.Notices.Any notice, request, demand, consent, approval, waiver or other communication, herein individually and collectively referred to as “notice”, which may be or is required to be given by a Party under this License or by law to the other Party shall be in writing and shall be either personally delivered to the Party or shall be sent by: (i) registered or certified mail, postage paid by sender, return receipt requested; or (ii) overnight courier service (such as FedEx). Said notice shall be deemed received upon the earlier of: (i) personal delivery; (ii) if mailed, the date of posting by the United States Post Office or overnight courier service. Notices shall be sent to the other Parties at the following addresses: TOWN:TOWN OF MARANA 11555 W. Civic Center Drive Marana, Arizona 85653 WIRELESS PROVIDER: [Insert name] [Address] [City/State/Zip] 6.Change of address. Notice of change of any Party’s address shall be given promptly by written notice in any method described in paragraph 05 (“Notices”) of this Telecom License Agreement. In the event any notice is rejected, refused, returned, or otherwise not received as a result of failure of a Party to give adequate notice of changed address, the notice shall nevertheless be deemed received. 7.Recording. The Town shall record this License in the office of the Pima County Recorder after it has been executed by the Parties. 8.Conflicts. This License is subject to A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this License effective as of the last Party’s signature date below. Marana Regular Council Meeting 01/16/2018 Page 642 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 60 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM The “Town”: TOWN OF MARANA, an Arizona municipal corporation By: Town Engineer Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The “Wireless Provider”: [NAME OF ENTITY], a [type and state of entity] By: Its: Date: STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing instrument was acknowledged before me this _____ day of , 20____ by , the of [WIRELESS PROVIDER’S NAME], a [Wireless Provider’s entity type and state], on behalf of the [corporation/LLC]. (Seal) Notary Public EXHIBIT A – LIST OF RIGHT-OF-WAY PERMITS/USE AREAS 1. Right-of-Way Permit Number RW_____________, issued on _______________________, for the Use Area described as follows:___________________________________________ 2. [Add as needed] C. Form of letter of credit. Date ____________________, 20__ Letter of credit no.:______________ Town Engineer Town of Marana 11555 West Civic Center Drive Marana Regular Council Meeting 01/16/2018 Page 643 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 61 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM Marana, Arizona 85653 Dear Sir or Madam: We hereby establish our clean, unconditional and irrevocable letter of credit in your favor at the request and for the account of ___________________________________________________ in the aggregate amount of _____________________________________ ($________________), available upon presentation of your draft in the form attached hereto as Schedule 1. We will honor each draft presented to us in compliance with the terms of this letter of credit. Partial draws are permitted. Each draft must be accompanied by a copy of this letter of credit. Within ten days after we honor your draft, you must make the original of this letter of credit available to us in Pima County, Arizona upon which we may endorse our payment. Drafts may be presented by any of the following means: 1. By telefax to (_____) _____-__________. 2. By email to _____________________________________________________. 3. By hand or overnight courier service delivery to: [This address must be in Pima County, Arizona.] _________________________ _________________________ _________________________ 4. By hand or overnight courier service delivery to: [This address need not be in Pima County, Arizona] _________________________ _________________________ _________________________ This letter of credit is valid until _______________________, 20____ and shall thereafter be automatically renewed for successive one year periods, unless at least 120 days prior to expiration we notify you in writing, by either registered or certified mail, that we elect not to renew the letter of credit for such additional period. In the event of such notification, any then unused portion of the letter of credit shall be available upon your presenting to us your draft on or before then current expiration date. This letter of credit is subject to the UCP600. This letter of credit is not assignable. _____________ [bank name] _____, a _______________ By ___________ [bank officer’s signature] _____________ ___________ [bank officer’s name printed] ___________ Its __________ [bank officer’s title] __________________ Phone: ___ [bank officer’s phone number] _________ D. Form of draft on letter of credit To: _____________________ _____________________ _____________________ From: Town Engineer Town of Marana 11555 West Civic Center Drive Marana Regular Council Meeting 01/16/2018 Page 644 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 62 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM Marana, Arizona 85653 Date: ___________________, 20_____ Ladies and Gentlemen: Pursuant to your Credit No. ___________________, the Town of Marana hereby demands cash payment in the amount of ________________________________________________ ($________________). Please make your payment to the town of Marana in the form of a wire deposit to: _____________________ _____________________ _____________________ _____________________ If the deposit cannot be accomplished immediately for any reason, please make your payment in the form of a cashier’s check issued by your institution and delivered to me at the address listed above. I certify that I am the Town Engineer of the Town of Marana. If there is any imperfection or defect in this draft or its presentation, please inform me immediately at (520) 382-2600 so that I can correct it. Also, please immediately notify the town Attorney at (520) 382-1940. Thank you. _____________________________________________ Town Engineer, Town of Marana E. Form of assumption of telecom license agreement and antenna site right-of-way permit ASSUMPTION OF TELECOM LICENSE AGREEMENT AND ANTENNA SITE RIGHT-OF-WAY PERMIT This assumption is made pursuant to Marana Town Code section 12-8-22 (Assignment) incorporated by reference into of the telecom license agreement and siteright-of-way permit(s) issued by the Town of Marana, an Arizona municipal corporation (“the town”) to _________________________, a _________________________ (“wireless provider”), and particularly described as follows: Telecom license agreement no._________________ dated ________________, 20____. Site permit no._____________________ dated _________________, 20____. Site permit no._____________________ dated _________________, 20____. [Add as needed] __________________________, a __________________________ (“Assignee”), having acquired the rights of the wireless provider under the telecom license agreement and site permit(s)listed above, hereby assumes the telecom license agreement and site permit(s), agrees to be bound by themit, and obligates itself to perform the terms and conditions of the telecom license agreement and site permit(s) and all standard terms incorporated by reference in themit, all in favor of the town. The person signing this document on behalf of Assignee warrants to the town his or her authority to do Marana Regular Council Meeting 01/16/2018 Page 645 of 774 00055207.DOCX /13 Exhibit A to Marana Resolution No. 20172018-004 63 of 63 12/13/2017 3:45 PM1/9/2018 10:03 AM so. Dated: ______________________, 20_______ ASSIGNEE: _________________________________, a _______________________________ By: Its: STATE OF _________________ ) ) ss. County of _______________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 20__, by ___________, _____________ of _____________, a _______________. Notary Public (Seal) [Chapter 12-9 remains unchanged] Marana Regular Council Meeting 01/16/2018 Page 646 of 774 Document comparison by Workshare Compare on Tuesday, January 9, 2018 11:21:47 AM Input: Documen t 1 ID file://X:\WDOX\TNATDOCS\COUNCIL\TOWNCODE\~VER\1\0005520 7.DOCX Descriptio n 00055207 Documen t 2 ID file://X:\WDOX\TNATDOCS\COUNCIL\TOWNCODE\00055207.DOCX Descriptio n 00055207 Renderin g set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 161 Deletions 205 Moved from 1 Moved to 1 Style change 0 Format changed 0 Marana Regular Council Meeting 01/16/2018 Page 647 of 774 Total changes 368 Marana Regular Council Meeting 01/16/2018 Page 648 of 774 LEGISTIVE IMPLEMENTATION GUIDELINES HB 2365 WIRELESS FACILITIES; RIGHTS-OF-WAY GUIDE August, 2017 Marana Regular Council Meeting 01/16/2018 Page 649 of 774 2 The HB 2365 Guide, published as a service to the members of the League of Arizona Cities and Towns, does not identify every provision of this new law. It is neither designed nor intended to provide legal advice or counsel. It should be used only as a reference tool and not as a comprehensive guidance document. In certain limited instances, the Guide does highlight action items that should be considered by cities and towns. In no case, however, should the Guide substitute for the independent judgment of your city or town manager or attorney. Marana Regular Council Meeting 01/16/2018 Page 650 of 774 3 Contents A. Introduction ......................................................................... 4 B. Effective Dates ..................................................................... 5 C. Key definitions ...................................................................... 5 D. Application processes .......................................................... 6 1. Applications that are NOT subject to zoning review:........ 6 2. Applications subject to zoning review:............................... 8 E. Rates and fees....................................................................... 9 F. Terms and conditions ..........................................................10 G. Existing agreements ............................................................11 H. Frequently asked questions ................................................12 Marana Regular Council Meeting 01/16/2018 Page 651 of 774 4 A.Introduction On March 31, 2017 HB 2365 wireless facilities; rights-of-way was signed into law, which allows wireless providers to install and operate small cells and related equipment in city, town and county rights-of-way (ROW) and public easements, excluding deployment in areas outside of the right-of-way, on private easements or on electric distribution poles. Small cells are low-powered wireless base stations that typically provide coverage for targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals and metropolitan outdoor spaces. The installations of this equipment in city and town rights-of-way help wireless carriers add capacity to their networks to provide better access to cell phone coverage and high-speed wireless data services in areas that are not being served by traditional cell sites. The legislation also allows the wireless provider to construct, install, modify, mount, maintain, operate and replace utility poles that are associated with the collocation of small cells and to construct, install, modify, mount, maintain, operate and replace monopoles 1 that are associated with the collocation of wireless facilities (not just small cells) in the ROW. While the legislation set the fees for small cells, it is silent on the fees for monopoles. Cities and towns are required to accept and process applications for the installation of new monopoles in the ROW 2 and to establish and make available rates, fees and terms for such monopoles.3 Siting of monopoles is subject to zoning codes and other regulatory processes governing use of the ROW.4 The installation, modification and replacement of monopoles are subject to municipal review regardless of the height of the monopole.5 Cities and towns that have already been working with wireless carriers on small cell equipment siting will need to thoroughly review this new law to determine its impact on existing agreements, existing zoning codes and regulatory processes for siting new small cells, monopoles, and utility poles in the ROW. 1 ARS 9-592(H)(3) 2 ARS 9-594(C)(1) 3 ARS 9-592(E)(1) 4 ARS 9-594(A) 5 ARS 9-592(H)(3) Marana Regular Council Meeting 01/16/2018 Page 652 of 774 5 B.Effective Dates The effective date of HB 2365 is August 9, 2017. Cities and towns are required to establish and make available rates, fees and terms that are consistent with HB 2365 by February 9, 2018 or three months after receiving the first request by a wireless provider, whichever is later.6 C.Key definitions 7 Applicable Codes: Uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons. Authority: Cities and towns Authority utility pole: a utility pole, excluding a utility pole for electric distribution, that is owned or operated by an authority and that is in a ROW. Monopole: a wireless support structure that is not more than 40 inches in diameter at the ground level and that has all of the wireless facilities mounted on or inside of the pole. Small wireless facility (SWF): a wireless facility that meets the following size qualifications of not more than: 1. 6 cubic feet of antennas, enclosed or fits within an imaginary enclosure; 2. 28 cubic feet of wireless equipment; and 3. 50 cubic feet of wireless equipment only if it was ground-mounted prior to August 9, 2017. Equipment not included in size calculation: 1. Electric meters 2. Concealment elements 3. Demarcation boxes 4. Grounding equipment 5. Power transfer switches 6. Cutoff switches 7. Vertical cable runs 6 A.R.S. §§ 9-592(E), 9-595(D) 7 A.R.S. § 9-591 Marana Regular Council Meeting 01/16/2018 Page 653 of 774 6 Utility pole: a pole or similar structure used in whole or part for communications services, electric distribution, lighting or traffic signals. Wireless facility: Equipment, including small wireless facilities, that enables wireless communications between user equipment and a communications network, including: 1. Equipment associated with wireless communications; and 2. Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment. Wireless support structure: a freestanding structure, such as a: 1. Monopole; 2. Guyed or self-supporting tower; 3. Sign or billboard; or 4. Any other existing or proposed structure designed to support, or capable of supporting SWFs. The definition does not include a utility pole. D.Application processes 1. Applications that are NOT subject to zoning review: Utility poles A new, replacement or modified utility pole for SWF collocations installed in the ROW is NOT subject to zoning review or approval if it does not exceed the greater of either (i) 10 feet above the tallest existing utility pole (excluding utility poles supporting only wireless facilities), that is located within 500 feet of the proposed site for the new, replacement or modified pole if that existing pole was in place prior to August 9, 2017, but the new pole cannot be more than 50 feet above ground level; or (ii)40 feet above ground level. The existing utility pole that is used as the basis for the new, replacement or modified utility pole must be in the same ROW and jurisdictional boundary of the city or town. If there is no existing verticality, the new, replacement or modified utility pole may not exceed 40 feet above ground level.8 Applications are required to be approved unless the utility pole does not comply with 9: 8 A.R.S. § 9-592(I)(1), (2) 9 A.R.S. § 9-592(K) Marana Regular Council Meeting 01/16/2018 Page 654 of 774 7 1. Applicable Codes; 2. Code provisions or regulations that concern public safety; 3. Objective design standards; 4. Reasonable stealth and concealment requirements; 5. Undergrounding requirements; 6. Undergrounding requirements that may require a waiver before a new pole or monopole can be installed in the ROW without prior approval. The undergrounding requirements cannot prohibit the replacement of utility poles or monopoles. 7. Contractual requirements between a city or town and a private property owner concerning design standards for utility poles in the ROW; or 8. Reasonable spacing requirements concerning the location of new utility poles in the ROW. SWFs Collocations of new small wireless facilities are NOT subject to zoning review and approval if they do not exceed 10 feet above the utility pole or wireless support structure (defined as including a monopole if there was an existing one in the ROW) and do not exceed 50 feet above ground level.10 Applications for a permit to collocate SWFs to utility poles in the ROW, in any zone, are required to be approved unless the application does not meet; 1. Applicable Codes; 2. Code provisions or regulations that concern public safety; 3. Objective design standards for decorative utility poles; 4. Reasonable stealth and concealment requirements; or 5. Reasonable spacing requirements concerning the location of ground-mounted equipment.11 Note: If a city or town determines that the utility pole or wireless support structure must be replaced prior to collocation, the application to collocate may be conditionally approved pending replacement of the utility pole or wireless support structure. Requests for replacement utility poles are to be processed pursuant to A.R.S. § 9-592. 10 A.R.S. § 9-592(J) 11 A.R.S. § 9-593(F)(4) Marana Regular Council Meeting 01/16/2018 Page 655 of 774 8 Consolidated applications for the collocation of up to 25 SWFs may be submitted by an applicant only if all SWFs included are substantially the same type and involve substantially the same type of structure.12 SWF collocations may be removed from the application and considered separately if incomplete information was provided, the SWF does not qualify for consolidated treatment or the SWF is subject to a denial. 13 If a city or town denies an application for not meeting one or more of the requirements listed above, documentation must be submitted to the applicant on or before the date of denial that includes the specific code provisions, regulations or requirements on which the denial was based. The applicant may resubmit the application to cure the deficiencies that the denial was based on within 30 days after denial. The city or town must approve or deny the resubmitted application within 30 days of receipt with no additional fee charged to the applicant. The review of the resubmitted application is limited to the deficiencies that were cited for the basis or denial.14 Listed below are the application timelines for small wireless facilities and utility poles and collocations to authority utility poles that are NOT subject to zoning review. If a city or town takes no action on the application within the specified time frame, the application is deemed approved.15 20 days to determine and notify applicant if application is complete 75 days to take action on application 30 days to take action on revised applications 2. Applications subject to zoning review: The modification of existing or the installation of new monopoles, the installation or collocation of wireless facilities, and the installation of utility poles and SWFs that exceed the heights that are exempt from zoning review are subject to all of the zoning codes, regulations and regulatory processes governing the rights-of-way. 16 12 A.R.S. § 9-593(D) 13 A.R.S. § 9-593(F)(6) 14 A.R.S. § 9-593(F)(5) 15 A.R.S. §§ 9-593(F)(2), 9-593(F)(3), 9-595(D)(1) Note: Statute requires applications for collocating to authority utility poles to be processed in the same manner as applications to collocate to utility poles 16 A.R.S. § 9-594(B) Marana Regular Council Meeting 01/16/2018 Page 656 of 774 9 Cities and towns are permitted to require reasonable appearance and concealment requirements and setback or fall zone requirements for these structures 17 and prohibit, regulate and charge for the collocation of a wireless facility on municipally- owned wireless support structures.18 The following are the time frames established for processing applications: 30 days to determine and notify applicant if application is complete 150 days to take action on application Collocation of wireless facilities 19: 30 days to determine and notify applicant if application is complete 90 days to take action on application Note: The application time period for approval may be tolled to accommodate requests for information or extended by mutual agreement of the applicant and the city or town 20. A city or town may deny an application only if there is a reasonable basis for the denial and the denial is not discriminatory against the applicant with respect to the placement of the facilities of other wireless providers. If an application is denied, the city or town must notify the applicant in writing and provide substantial supporting evidence for the reason for denial.21 Rates and fees Cities and towns are permitted to charge wireless providers a rate or fee for the use of and activities conducted in the ROW. Rates and fees are limited to the direct and actual cost of managing the ROW and may only be charged if other ROW users, such as telecom providers and utilities, are charged ROW use fees and there is legal authority for the fee.22 The rate or fee charged may not do any of the following: 17 A.R.S. § 9-594(E) 18 A.R.S. § 9-595(E) 19 A.R.S. § 9-594(C)(3) 20 A.R.S. § 9-594(C)(3) Note: Statute allows the time period to be tolled to accommodate timely requests for information or may be extended by mutual agreement of the city or town and the applicant. 21 A.R.S. § 9-594(C)(4) 22 A.R.S. § 9-592(C) Marana Regular Council Meeting 01/16/2018 Page 657 of 774 10 1. Result in a double recovery where existing rates, fees or taxes already recover ROW management costs; 2. Be in the form of a franchise or other revenue-based fees; 3. Be unreasonable or discriminatory; 4. Exceed the specified rate caps (see chart below). 23 In addition, rates and fees are capped as follows: ROW use fee 24 $50/year x number of SWFs ROW use fee for monopoles and associated wireless facilities 25 Limited to not more than the direct and actual cost of managing the ROW Authority utility pole attachment 26 $50/year Application for collocating SWFs 27: SWF collocation $100 per SWF up to five $50 per additional SWF Batched applications up to 25 SWFs 28: First five SWFs @ $100 $500 Additional 20 sites @ $50 $1,000 Total for batch of 25 $1,500 Utility pole and monopole applications: New, replacement or modified utility poles NOT subject to zoning review 29 $750 New, replacement or modified monopoles and utility poles and collocation of wireless facilities subject to zoning review 30 $1,000 E.Terms and conditions In addition to the establishment of rates and fees described above, cities and towns are required to establish and make available to wireless providers terms and conditions for the following activities conducted in the ROW: 23 A.R.S. § 9-592(D) 24 A.R.S. § 9-592(C)(4) 25 A.R.S. § 9-594(D)(5) 26 A.R.S. § 9-595(C) 27 A.R.S. §§ 9-593(I), 9-593(J) 28 A.R.S. § 9-592(D) 29 A.R.S. § 9-592(L) 30 A.R.S. § 9-594(E)(3) Marana Regular Council Meeting 01/16/2018 Page 658 of 774 11 1. Construction, installation, mounting, maintenance, operation or replacement of utility poles and monopoles; 2. Collocation of SWFs; 3. Collocation of wireless facilities on or within a monopole 4. Collocation of SWFs on authority utility poles.31 The standard terms and conditions MAY NOT: 1. Be unreasonable or discriminatory 2. Require the placement of SWFs on any specific utility pole or category of poles 3. Require multiple antenna systems on a single utility pole 4. Require minimum separation distances for SWFs. The standard terms and conditions may, however, include requirements that are applicable to other ROW users and require that the operation of SWFs do not interfere with public safety communications.32 The terms must reasonably accommodate power supply and electric metering for the SWF. The wireless provider may accept the standard terms and conditions or they may negotiate with the city or town for different or additional terms. The legislation is silent as to whether the time deadlines for granting or denying the application are then tolled while the negotiations are taking place. Existing agreements Existing agreements with wireless providers that are in effect on August 9, 2017 will remain in effect subject to applicable termination provisions. Wireless providers may accept the new rates, fees and terms that are consistent with HB 2365 for SWF’s and utility poles that are the subject of an application submitted after the rates, fees and terms become effective. .33 31 A.R.S. §§ 9-592(E), 9-595(D) 32 A.R.S. §§ 9-592(F), 9-595(D) 33 A.R.S. § 9-592(G) Marana Regular Council Meeting 01/16/2018 Page 659 of 774 12 Frequently asked questions Q.Relocation of wireless equipment? A.A.R.S. § 9-596(D) requires wireless equipment to be relocated at no cost to the city or town in order to accommodate a public project but does not specify any particular type of project. Q. Are cities and towns permitted to apply spacing requirements for siting of new utility poles and equipment? A.A.R.S. § 9-592(K)(4) allows cities and towns to apply “reasonable” spacing requirements to applications for new utility poles in the ROW in addition to “reasonable” spacing for ground-mounted equipment. Q.Are cities and towns able to reserve space on poles as well as conduit and fiber? A.A.R.S. § 9-593(G)(1) prohibits cities and towns from requiring applicants to reserve conduit, fiber or pole space on a wireless provider’s pole for the city or town. There is no similar prohibition for municipally-owned poles. Q.What period of time does the new law provide for wireless providers to operate their equipment in the ROW? A.Application approval allows the applicant to operate and maintain new, modified or replacement poles 34 and SWFs 35 for 10 years, subject to applicable relocation requirements and terms and conditions. Q. Is there a time frame within which the wireless provider must complete construction or installation of the small cell for operational use? A.Yes. For utility poles 36 the construction, installation, mounting, maintenance, modification, operation or replacement for which a permit is granted shall be completed within 180 days after the permit issuance date, unless the city or town and the wireless provider agree to extend the period or a delay is caused by lack of commercial power at the site and for small cells, they must be operational within that time period.37 34 A.R.S. § 9-592(M)(2) 35 A.R.S. § 9-593(H)(3) 36 ARS 9-592(M) 37 ARS 9-593(E) and ARS 9-593(H) (collocations) Marana Regular Council Meeting 01/16/2018 Page 660 of 774 13 Q. What ability does a city or town have to address the radio frequency (RF) emissions from small cells? A. The city or town may require the applicant to certify that the SWF to be collocated comply with the FCC’s regulations concerning RF emissions. Beyond that, there is no basis to deny access to the ROW if compliance is demonstrated. Q.What does the legislation say with respect to ground equipment? A. A city or town may adopt reasonable requirements regarding the appearance and concealment of facilities, including those relating to materials used for arranging, screening or landscaping.38 Facilities must be constructed, maintained and located so that they don’t obstruct, endanger or hinder the usual travel or public safety on the ROW.39 Q. Who will own the replacement utility pole? A.The city or town.40 38 ARS 9-594(E)(1) 39 ARS 9-598 40 ARS 9-595(D)(1) Marana Regular Council Meeting 01/16/2018 Page 661 of 774 Marana Regular Council Meeting 01/16/2018 Page 662 of 774 Marana Regular Council Meeting 01/16/2018 Page 663 of 774 Marana Regular Council Meeting 01/16/2018 Page 664 of 774 Marana Regular Council Meeting 01/16/2018 Page 665 of 774 Marana Regular Council Meeting 01/16/2018 Page 666 of 774 Marana Regular Council Meeting 01/16/2018 Page 667 of 774 00055523.DOCX /1 Marana Resolution No. 2018-005 - 1 - MARANA RESOLUTION NO. 2018-005 RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A NEW 50 FOOT HIGH SMALL CELL WIRELESS FACILITY AT 3964 W. INA ROAD IN THE TOWN OF MARANA PUBLIC RIGHT-OF- WAY, APPROXIMATELY 1,000 FEET WEST OF THORNYDALE ROAD ON THE NORTH SIDE OF INA ROAD WHEREAS Mobilitie, LLC (the “Applicant”) has applied to the Town of Marana for approval of a new wireless facility at 3964 W. Ina Road in the public right-of-way; and WHEREAS the development of the site will include the construction of a new 50-foot high, 15-inch wide galvanized steel pole that will support an omni antenna, a remote radio head, and a microwave, and an adjacent four-foot high painted meter pedestal; and WHEREAS the Marana Planning Commission considered the request for approval of the conditional use permit on December 20, 2017, and voted 7-0 to approve, and to recommend that the Mayor and Council approve, the conditional use permit; and WHEREAS the Mayor and Council find that the best interests of Marana and its residents are served by approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the conditional use permit to allow the development of a new wireless facility at 3964 W. Ina Road in the public right-of-way is hereby approved subject to the following conditions: 1. The Applicant shall comply with all applicable provisions of the Town of Marana codes and ordinances current at the time of development including, but not limited to, Title 23 of the Marana Land Development Code. 2. The Applicant shall comply with the terms of a Town of Marana telecommunications right-of-way license. 3. The Applicant or a designated representative shall obtain all required building permits prior to development of the wireless communication facility. 4. The Applicant shall submit a written statement from the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) that the proposed tower and its communications use by the Applicant complies with Marana Regular Council Meeting 01/16/2018 Page 668 of 774 00055523.DOCX /1 Marana Resolution No. 2018-005 - 2 - applicable regulations administered by those agencies or that the tower is exempt from those regulations, prior to approval of the Town of Marana building permit to construct this site. 5. The Applicant shall submit written documentation demonstrating that the NIER (radio frequency) emissions from the proposed site are within the limits set by the FCC. 6. The wireless facilities shall have a setback of at least two feet from any property line, provided that the foundation required for the pole is located entirely within the right-of-way. 7. The height of the wireless facility shall not exceed the height limitation for the nearest abutting zone district, which is 50 feet in height. 8. The facility, including pole and meter pedestal, shall be located outside the clear zone. 9. The Applicant shall provide a Field Survey sealed by a Registered Land Surveyor. 10. The Applicant shall provide a Sub-Surface Elevation (SUE) to determine the location of underground utilities. 11. The Applicant shall provide utility clearance letters from each utility in the location. 12. The Applicant shall coordinate construction of the wireless facility with the Town’s CIP Department to ensure that the facility is not sited in the location of sidewalk to be installed per Town Capital Improvement Project (Project #ST058 - The Ina Road Pavement Reconstruction Project) 13. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation, or relieves the Applicant or land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations including, but not limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 14. The Applicant shall submit a letter authorizing the person submitting the application to apply for the CUP as an agent of Mobilitie, LLC. The letter of authorization must be signed by a person authorized to bind Mobilitie, LLC and must identify the Mobilitie, LLC instrument that grants that authorization. Each subsequent instrument, including the telecommunication license agreement and site permit for each site, must also be signed by a person authorized to bind Mobilitie, LLC. Marana Regular Council Meeting 01/16/2018 Page 669 of 774 00055523.DOCX /1 Marana Resolution No. 2018-005 - 3 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 670 of 774 Marana Regular Council Meeting 01/16/2018 Page 671 of 774 INA RD THORNYDALE RDAERIE DRJUNIPER RDGILBERT ST Data Disclaimer: The Town of Marana provides this map information "As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. ° A request by Mobilitie, LLC, for a Conditional Use Permit to develop a new 50 foot high small cell wireless facility in the Town of Marana Right-of-Way, approximately 1,000 feet west of Thornydale Road on the north side of Ina Road. Case # CUP1710-001 Conditional Use Permit 3964 W. Ina Road In the Town of Marana R.O.W. Subject Area Marana Regular Council Meeting 01/16/2018 Page 672 of 774 Conditional Use Permit Narrative / Small Cell Wireless Communication Facility Plan Conditional Use Permit case number: CUP1710-001 Mobilitie LLC – Site ID: 9AZB001687-B October 31, 2017 Updated: December 4, 2017 Subject Property: 3964 N. Ina Road, Tucson, AZ 85741 APPLICANT Mobilitie LLC 2955 Red Hill Ave, Suite 200 Costa Mesa, CA 92626 PROPERTY OWNER Town of Marana, Right-of-Way Marana Regular Council Meeting 01/16/2018 Page 673 of 774 TABLE OF CONTENTS PAGE 1. Subject Property 1 2. Purpose of Request 1 3. Description of Proposal 1 4. Relationship to Surrounding Properties 1 5. Location and Accessibility / Circulation System 1 6. Hours of Operation 2 7. Development Phasing 2 8. Community Facilities / Public Utilities and Services 2 9. Noise, Lights, Nuisances, and other Environmental Considerations 2 10. Area Impact 2 11. Public Notice 2 Exhibit 1 – Proximity Map 3 Facility Plan 4-5 APPENDIX 1. Photo Simulations 2. Propagation Maps 3. Small Cell Plan 4. Public Notice Letter Marana Regular Council Meeting 01/16/2018 Page 674 of 774 1. SUBJECT PROPERTY - 3964 N. Ina Road, Tucson, AZ 85741 The proposed Wireless Communications Facility, small cell is located on a new pole in the Town of Marana Right-of-Way along a Major Route, on the north side Ina Road, west of Thornydale Road (approximately 1,000’ feet). To the north of the proposed location is a commercial business area and to the south is a commercial business area. 2. PURPOSE OF REQUEST The approval of this Use Permit application will provide additional wireless services as required by Sprint’s Wireless Federal Communications Commission license. This site is being proposed to fill a gap in coverage and offload capacity at overused and heavily trafficked sites nearby. Every Wireless Communication Facility has a maximum capacity data it can transmit or number of callers it can handle at a single moment in time. Due to the demand in this area, this site is being proposed. Appendix 3, Small Cell Plan 3. DESCRIPTION OF PROPOSAL This proposal consists of a steel pole having an overall height of 50’. The pole will include (1) omni antenna, (1) Remote Radio Head, and (1) Microwave operated by Sprint. Associated appurtenances will be pole mounted and will be operated and maintained by Mobilitie LLC to provide expanded wireless broadband internet and voice services. See site plans for specific details. This is the least obtrusive Wireless Communication Facility design option that will satisfy the objective in the area which is to provide the needed additional service capacity the public demands. The pole is proposed to blend in and match other poles similar in materials, look, and size in the immediate proximity. In addition, the Town of Marana asked for the pole material to be metal. The approximate diameter of the steel pole will be 15”, an Arizona Civil Engineer will ultimately determine the needed size of the pole. The operation of this site is subject to the terms of a standard, yet-to-be-approved Town of Marana telecom right-of-way license. If this CUP is granted, Town staff plans to prepare and present the license to Council within 30 days. 4. RELATIONSHIP TO SURROUNDING PROPERTIES The site location is in a Village Commercial Zone in the Town of Marana. The surrounding area zoning designations and businesses are: North: Village Commercial – Town of Marana - Commercial strip mall East: Neighborhood Commercial – Town of Marana - Commercial strip mall South: Village Commercial – Town of Marana - Home Improvement Center West: Village Commercial – Town of Marana – Storage Facility 1 Marana Regular Council Meeting 01/16/2018 Page 675 of 774 5. LOCATION AND ACCESSIBILITY/CIRCULATION SYSTEM Ingress and egress to the wireless communication facility will be by paved roads via public right- of-way. Access will be directly off W. Ina Road. 6. HOURS OF OPERATION The proposed site will operate 24 hours a day, 7 days a week with no personnel onsite. The site will be connected to and monitored by a central switching center. 7. DEVELOPMENT PHASING A typical site of this nature has a four to six-week construction schedule. 8. COMMUNITY FACILITIES/PUBLIC UTILITIES AND SERVICES The site is served by a single meter 100-amp service; Tucson Electric Power will provide power Necessary electrical services will be run underground in existing and proposed utility easements. The site does not require any potable water and does not generate any wastewater or solid waste. 9. NOISE, LIGHT, NUISSANCES, AND OTHER ENVIRONMENTAL CONSIDERATIONS The proposed wireless communication facility will not use any water or generate any wastewater or solid waste. The proposed facility will not generate any noxious odors, sounds, and vibrations. 10. AREA IMPACT The proposed facility’s impact on the surrounding area will be positive. The facilities location primary objective is the Local Business areas and street traffic. See Photo simulations for visual impact. Exhibit 1 – Proximity Map 11. PUBLIC NOTICE Public Notice was sent on November 17, 2017 to seven property owners within 300’ of the license area and one to Town of Marana staff. Included was an explanation of the project, a vicinity map, and two graphic representations of the project Before and After. Appendix 4, Public Notice Letter No comments have been received to date. 7 da l 1 2 Marana Regular Council Meeting 01/16/2018 Page 676 of 774 Exhibit 1 - PROXIMITY MAP Proposed Site Location 82’ FROM COMMERCIAL BUILDING 15’ FROM BACK OF CURB “CLEAR ZONE” W. INA RD 2 3 Marana Regular Council Meeting 01/16/2018 Page 677 of 774 FACILITY PLAN 1. An inventory of all existing vertical towers or structures that are equal to or higher than the height of any proposed tower within one (1) square mile of the proposed location regardless of jurisdiction. No mobilitie sites exist in the Town of Marana - APPROXIMATELY 37 WOOD AND STEEL POLES 45’ – 70’ IN SIZE. Approximately - PROPOSED SITE LOCATION - OTHER KNOWN ANTENNA TOWERS WITHIN 1 MILE PROXIMATETY - EXISTING SPRINT SITE 2. Applicants must supply a definition of the area of service needed for coverage or capacity, and a plan demonstrating the total number of sites that will be needed in the future, in addition to the current site. Included. Both small cells needed now are being brought forward. Other sites may be needed in the future based on capacity to the existing network. Different drivers create new demand on the network from new subscribers to new development in the specific area. 4 Marana Regular Council Meeting 01/16/2018 Page 678 of 774 3. Applicants must supply information showing that the proposed facility would provide the needed coverage or capacity. Included – Appendix 2 - Propagation Maps 4. A site plan showing location and dimensions of all antenna and equipment structures. Included. 5. A photo simulation of the project, showing the addition of the tower to the site, demonstrating the visual impacts of the proposed tower. Appendix 1 - Photo Simulations. Two (2) Views 6. Native Plant Salvage and Landscape Plans, in accordance with Title 17 of the Marana Land Development Code. No Native Plants will be disturbed with this project. 7. In all zones, collocation of equipment is preferred. To this end, applicants must identify, within all alternative sites, existing monopoles and lattice towers for which there are applications currently on file with the Planning Commission. If collocation on any such monopoles or lattice towers would result in less visual impact, justification must be presented why collocation is not being proposed. TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE No available Wireless Towers in the demanded area. Mobilitie worked with Tucson Electric power for many months and no solution could be found to use TEP’s existing verticality. 8. All conditional use permits for wireless communication facilities shall require approval by the Planning Commission and the Town Council. 23.04.08 Additional Requirements A. The applicant shall follow the requirements set forth in Article 10.10 of the Marana Land Development Code. Once the conditional use permit has been obtained, a Communication Facility Plan shall be prepared and submitted for Planning Commission approval that includes, but is not limited to: 1. A site plan showing location and dimensions of all antennas, towers, equipment structures and parking. Elevations and details of the application shall be provided to demonstrate the camouflaging. Site Plans, page A-3 2. Native Plant Salvage and Landscape Plans, as required. Not Applicable. 3. A photo simulation of the project, showing the proposed addition of the camouflaged antenna to the building, structure or landscape treatment. Appendix 1 Photo Simulations. 4. The applicant shall submit written documentation demonstrating that the NIER emissions from the proposed project are within the limits set by the FCC. This item will be submitted with the Right-of-Way permit as the NIER Emissions are based on factors if approved. Sprint PCS will operate within all Federal Communications Commission (FCC) guidelines. 5. It must be demonstrated that the project will have minimal visual impact. Appendix 1 Photo Simulations. 5 Marana Regular Council Meeting 01/16/2018 Page 679 of 774 APPENDIX 1. Photo Simulations 2. Propagation Maps 3. Small Cell Plan 4. Public Notice Letter Marana Regular Council Meeting 01/16/2018 Page 680 of 774 APPENDIX 1 - PHOTO SIMULATIONS Marana Regular Council Meeting 01/16/2018 Page 681 of 774 PHOTOGRAPHIC SIMULATIONPROPOSED WIRELESS COMMUNICATIONS FACILITYSITE LOCATION MAPSITE NAME: 9AZB001687-BSITE LOCATION: W. INA RD & N. THORNYDALE RD. TUCSON, AZ 85741DATE: 10/23/2017APPLICANT: MOBILITIE2955 RED HILL AVENUE, #200 COSTA MESA, CA 92626CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384The included Photograph Simulation(s) are intended as visual representations only and should not be used for construction purposes. The materials represented within the included Photograph Simulation(s) are subject to change.YOUNG DESIGN CORP. - 10245 E. VIA LINDA, STE. 211 - SCOTTSDALE, AZ 85258 - (480) 451-96091/32017 GOOGLE MAPSANTENNA SITEVIEW 1 VIEW 2 Marana Regular Council Meeting 01/16/2018Page 682 of 774 2/3EXISTING VIEW 1, looking west:9AZB001687-BPROPOSED INSTALLATION OF NEW REPLACEMENT 50’ STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 1, looking west:PROPOSED ANTENNA AND MW DISHPROPOSED METER PEDESTALPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 683 of 774 3/3EXISTING VIEW 2, looking north:9AZB001687-BPROPOSED INSTALLATION OF NEW REPLACEMENT 50’ STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 2, looking north:PROPOSED ANTENNA AND MW DISHPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 684 of 774 APPENDIX 2 - PROPAGATION MAPS Marana Regular Council Meeting 01/16/2018 Page 685 of 774 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPRIETARY & CONFIDENTIALAdditional comments below:d by complex algorithms which consider many variables including usage patterns, non-preferred user events, and data trends. Critical |Red -Areas which represent a critical level of competing data demand requiring immediate action to supplement network resources XXXXXXX Above Average |Yellow -Areas which represent contentious data demand at greater than average levels and projected toward critical levels XXXXXX Average |Green -Areas which represent average data demand growth XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX9AZB001687Site Lat: 32.337719Site Long: -111.050392Pole Height: 46 ft Proposed Small CellAREA OF INTEREST Marana Regular Council Meeting 01/16/2018Page 686 of 774 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPRIETARY & CONFIDENTIALTotal area covered: 0.19 sq micomplex algorithms which consider many variables including usage patterns, non-preferred user events, and data Total roads covered: 7.13 mi hello lol requiring immediate action to supplement network resources XXXXXXXXXXXX Above Average |Yellow Approximate population covered: 289 e hello and projected toward critical levels hello hello XXXXXXXXX Average |Green -Areas which represent Approximate households covered: 106 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX9AZB001687Site Lat: 32.337719Site Long: -111.050392Pole Height: 46 ft CoverageProposed Small CellMajor roads will require data servicesfrom the "connected cars" and "connectedemergency vehicles" in the futurePROPOSED SOLUTION Marana Regular Council Meeting 01/16/2018Page 687 of 774 APPENDIX 3 - SMALL CELL PLAN, TOWN OF MARANA Currently, only two sites are being brought forward within Town limits based on 5-25-17 Pre-Application comments regarding height or ROW Engineering issues. Four sites are needed currently to fill gaps in coverage or in high demand areas on the Sprint Network within this region of Pima County and the Town of Marana. Additional demands on the Sprint network and the growing need for more available wireless spectrum is the reason for this investment in this area of Town. Sites currently being pursued: 1. 9AZB001679 - Camino Martin & Jeremy 2.9AZB001687 – Current Application Ina Road & Thornydale Road (West Side of Thornydale Road) Sites currently not being pursued due and are looking for alternative locations due to not being constructible: 1. 9AZB001659 - Orange Grove Road & Thornydale 2. 9AZB001709 - Ina Road & Thornydale Road (East Side of Thornydale Road) See Visual Graphic on next page This graphic shows Sprint’s existing sites on-air surrounding this region. These smaller facilities will support the larger network sites and offload network traffic which in effect will lessen the need for more larger structures. Marana Regular Council Meeting 01/16/2018 Page 688 of 774 #*#*#*#*9AZB0017099AZB0016879AZB0016799AZB001659¯0 0.5 1MileService Layer Credits: ©OpenStreetMap (and) contributors,Marana,Arizona4 Proposed Small Cell Sites#* Proposed Small CellDensification Area!.Sprint Existing SiteExisting CoverageMOBILITE GIS | Jul. 24, 2017 This document is proprietary and confidential;In some cases, the potential sites shown on thismap are pre-engineering locations that have not been vetted for network engineering,construction, and utility resource access. Candidate location as of date created.Marana Regular Council Meeting 01/16/2018Page 689 of 774 APPENDIX 4 – Public Notice Marana Regular Council Meeting 01/16/2018 Page 690 of 774 November 17, 2017 RE: Notification of Sprint Wireless project 9AZB001687-B PROJECT LOCATION: In Right-of-Way in front of: 3960 W INA RD TUCSON, AZ 85741 Dear Resident or Interested Party, This letter is for providing information concerning the proposed application of a new Wireless Communications Facility for Sprint PCS Wireless. The proposed facility will expand and improve the Sprint PCS Network in this area of Marana & Pima County. This facility will allow for increased access to advanced wireless voice & data services. Improvements will include construction of a 50’ tall steel pole in Marana Right-of-Way. This application meets the Town of Marana Zoning Code. This project is subject to a Conditional Use Permit. The Town of Marana will send another notice regarding the Public Hearing date. Additional Materials Included: Location Map and Photo Simulations If you need more information about the proposed pole, have questions or comments before the public hearings, please contact myself or the Town Planning Department at: Adam Brixius Permitting Manager – Arizona Mobilitie 2955 Red Hill Ave, Suite 200 |Costa Mesa, CA 92626 480-528-0384 mobile Adam.Brixius@Mobilitie.com Cynthia L. Ross, AICP Senior Planner Planning Department, Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 (520)382-2651 cross@maranaaz.gov Regards, AAdam Brixius Marana Regular Council Meeting 01/16/2018 Page 691 of 774 PHOTOGRAPHIC SIMULATIONPROPOSED WIRELESS COMMUNICATIONS FACILITYSITE LOCATION MAPSITE NAME: 9AZB001687-BSITE LOCATION: W. INA RD & N. THORNYDALE RD. TUCSON, AZ 85741DATE: 10/23/2017APPLICANT: MOBILITIE2955 RED HILL AVENUE, #200 COSTA MESA, CA 92626CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384The included Photograph Simulation(s) are intended as visual representations only and should not be used for construction purposes. The materials represented within the included Photograph Simulation(s) are subject to change.YOUNG DESIGN CORP. - 10245 E. VIA LINDA, STE. 211 - SCOTTSDALE, AZ 85258 - (480) 451-96091/32017 GOOGLE MAPSANTENNA SITEVIEW 1 VIEW 2 Marana Regular Council Meeting 01/16/2018Page 692 of 774 2/3EXISTING VIEW 1, looking west:9AZB001687-BPROPOSED INSTALLATION OF NEW REPLACEMENT 50’ STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 1, looking west:PROPOSED ANTENNA AND MW DISHPROPOSED METER PEDESTALPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 693 of 774 3/3EXISTING VIEW 2, looking north:9AZB001687-BPROPOSED INSTALLATION OF NEW REPLACEMENT 50’ STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 2, looking north:PROPOSED ANTENNA AND MW DISHPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 694 of 774 TITLE SHEETT-19AZB001687-BTUCSON, AZ 85741CUP1710-001N O R T HCLIENT:ZONING:T-1PROJECT INFORMATION AND DATAA-2 ENLARGED SITE PLANAPN:YOUNG DESIGN CORP.SCOTTSDALE, ARIZONA, 85258CONTACT: BRIAN CUNNINGHAM10245 E. VIA LINDA, SUITE 211PHONE: (480) 451-9609FAX: (480) 451-9608THE PROJECT IN THE LICENSE AREA CONSISTS OF THE INSTALLATIONOF AN OMNI-DIRECTIONAL ANTENNA, AN IBR_1300 MW DISH AND A RRHAT TOP OF A NEW GALVANIZED STEEL POLE AND THE INSTALLATIONOF A GROUND MOUNTED METER PEDESTAL ADJACENT TO THE POLE.FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION.FROM SKY HARBOR AIRPORT, DEPART S. 40TH ST TOWARD E. MADISONST. TURN RIGHT ONTO E. WASHINGTON ST. TAKE RAMP RIGHT FORAZ-143 S. AT EXIT 1A, TAKE RAMP RIGHT FOR I-10 EAST / US-60 TOWARDTUCSON. AT EXIT 248, TAKE RAMP RIGHT FOR N. CASA GRANDE HWY /N. I-10 FRONTAGE RD TOWARD INA RD. BEAR LEFT ONTO W. INA RD.MAKE A U-TURN AT N. THORNYDALE RD. ARRIVE AT W. INA RD. IF YOUREACH N. JUNIPER RD, YOU'VE GONE TOO FAR.VILLAGE COMMERCIALMOBILITIECOSTA MESA, CA, 926262955 RED HILL AVENUE, #200GROUND ELEVATION:LONGITUDE:2240.0' A.M.S.L.111° 03' 01.410" WLATITUDE: 32° 20' 15.780" NA-3 ELEVATIONSA-1 SITE PLANJURISDICTION:BUILDING CODES:TOWN OF MARANA2012 I.B.C.2011 N.E.C.2012 I.M.C.2012 I.F.C.RLF CONSULTINGTEMPE, AZ, 85281CONTACT: RYAN FIDLER1214 N. STADEM DR.PHONE: (480) 445-9189LS-1 SITE SURVEYSITE ID-CANDIDATE LETTER:9AZB001687-BA-4 SITE DETAILSLATITUDE / LONGITUDE:32° 20' 15.780" N / -111° 03' 01.410" WCROSS STREETS: W. INA RD & N. THORNYDALE RDMOBILITIECOSTA MESA, CA 926262955 RED HILL AVENUE, #200CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384CITY OF TUCSONTUCSON, AZ, 85701CONTACT: DEVELOPMENT SERVICES201 N. STONE AVENUEPHONE: (520) 791-555010INA ROADOLDFATHERROADTHORNYDALEROADPROJECTAREASITE ADDRESS: 3964 N. INA RDCITY, STATE, ZIP: TUCSON, AZ 85741R.O.W. ADJACENT TO SOUTH OF APN: 225-38-089DNOTE: THE OPERATION OF THIS SITE IS SUBJECT TO THE TERMS OF ASTANDARD, YET-TO-BE-APPROVED TOWN OF MARANA TELECOMRIGHT-OF-WAY LICENSE. IF THIS CUP IS GRANTED, TOWN STAFF PLANSTO PREPARE AND PRESENT THE LICENSE TO COUNCIL WITHIN 30 DAYS.Marana Regular Council Meeting 01/16/2018Page 695 of 774 GENERAL INFORMATIONT-29AZB001687-BTUCSON, AZ 85741CUP1710-001INSTALL REINFORCING AS PER DETAILS AND REFERENCED TRADE STANDARDS.INSTALL METAL TIES FOR BONDING AS PER DETAILS AND REFERENCED TRADE STANDARDS.ASSURE COMPLIANCE IN TYPES, SIZES, SPACING, DEPTH OF ANCHORING AND CORROSIONRESISTANCE.MASONRY ACCESSORIES AND REINFORCING -- INSTALLATIONCOMPLETE ALL WORK ACCORDING TO THE STANDARDS AND SPECIFICATIONS OF THEMASONRY INSTITUTE OF AMERICA.COMPLETE ALL WORK ACCORDING TO APPLICABLE CODES AND REGULATIONS.COMPLETE THIS WORK IN A TIMELY FASHION, WITHOUT INTERFERING WITH, OR DELAYINGTHE WORK OF OTHER TRADES.UNIT MASONRY INSTALLATION AND MORTAR APPLICATIONPROVIDE ALL ACCESSORIES AND MATERIALS AS REQUIRED FOR COMPLETE, PROPERINSTALLATION.ACCESSORIES AND OTHER RELATED MATERIALSSEE CONCRETE SECTION THIS SPECIFICATION FOR THE REINFORCING STEEL MATERIALREQUIREMENTS.GROUT SHALL BE TYPE II CEMENT CONFORMING TO ASTM C-150. AGGREGATE SHALLCONFORM TO ASTM C-144, SAND TO CONFORM TO ASTM C-404 AND LIME SHALL CONFORMTO ASTM C-207.GRADES AND TYPES: HOLLOW, LOAD-BEARING UNITS GRADE N, TYPE I, MEDIUM WEIGHT FOREXTERIOR. HOLLOW, LOAD-BEARING UNITS GRADE S, TYPE II, LIGHTWEIGHT FOR INTERIOR.PROVIDE CONCRETE UNIT MASONRY WHERE SHOWN ON THE DRAWINGS AND SPECIFIEDHEREIN AS MANUFACTURED BY:CONCRETE UNIT MASONRY UNITS SHALL COMPLY WITH ASTM STANDARDS:CONCRETE BRICKS, ASTM C55. HOLLOW LOAD-BEARING UNITS, ASTM C90. HOLLOWNON-LOAD-BEARING UNITS, ASTM C129. SOLID LOAD-BEARING UNITS, ASTM C145.MORTAR MATERIALS: PORTLAND CEMENT, TYPE I OR II. AGGREGATE, CLEAN, SHARP SAND.LIME, QUICK LIME ASTM C5. HYDRATED LIME, TYPE S. WATER, CLEAN AND POTABLE.MORTAR AS PER ASTM C270. TYPE S. ONE PART PORTLAND CEMENT. ONE-HALF PART LIME.NOT MORE THAN FOUR AND ONE-HALF PARTS SAND, MEASURED DAMP AND LOOSE.COMPRESSIVE STRENGTH OF 1800 PSI AT 28 DAYS.WORKPROVIDE EVERYTHING REQUIRED TO COMPLETE UNIT MASONRY AS SHOWN ON THEDRAWINGS AND SPECIFIED HEREIN.QUALITY STANDARDSPROVIDE EXPERIENCED, WELL-TRAINED WORKERS COMPETENT TO COMPLETE THE WORKAS SPECIFIED.SHOP DRAWINGS FOR STRUCTURAL STEEL SHALL BE SUBMITTED TO THE CONSULTANT FORREVIEW PRIOR TO FABRICATION.STRUCTURAL STEEL DESIGN, FABRICATION AND ERECTION (INCLUDING FIELD WELDING, HIGHSTRENGTH FIELD BOLTING, EXPANSION BOLTS, AND THREADED EXPANSION ANCHORS) SHALL BEBASED ON THE A.I.S.C. "SPECIFICATION FOR THE DESIGN, FABRICATION, AND ERECTION OFSTRUCTURAL STEEL FOR BUILDINGS" LATEST EDITION. SUPERVISION SHALL BE IN ACCORDANCEWITH CURRENT BUILDING CODE, BY A QUALIFIED TESTING AGENCY DESIGNATED BY THECONSULTANT. THE CONSULTANT SHALL BE FURNISHED WITH A COPY OF ALL INSPECTIONREPORTS AND TEST RESULTS.STRUCTURAL STEEL SHALL CONFORM TO THE FOLLOWING REQUIREMENTS:YDHF. CONNECTION BOLTS E. ANCHOR BOLTS D. STRUCTURAL TUBING C. PIPE COLUMNS B. SPECIAL SHAPES AND PLATES A. PLATES, SHAPES, ANGLES, AND RODS TYPE OF MEMBERMATERIALS1.PAINTING3.2.5.4.7.A.B.C.8.A.B.C.INTERIOR PAINT SYSTEMS (IPS):6.1.2.SIGNSSTANDARD CIVIL NOTES:ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWINGS AND STIPULATED IN THESPECIFICATIONS PROJECT SUMMARY.RUBBISH, STUMPS, DEBRIS, STICKS, STONES AND OTHER REFUSE SHALL BE REMOVED FROM THESITE AND DISPOSED OF LEGALLY.NO FILL OR EMBANKMENT MATERIAL SHALL BE PLACED ON FROZEN GROUND. FROZENMATERIALS, SNOW OR ICE SHALL NOT BE PLACED IN ANY FILL OR EMBANKMENT.THE SUB GRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH UNIFORM GRADE PRIOR TOTHE CRUSHED STONE APPLICATION.ALL EXISTING ACTIVE SEWER, WATER, GAS, ELECTRIC, AND OTHER UTILITIES WHEREENCOUNTERED IN THE WORK, SHALL BE PROTECTED AT ALL TIMES, AND WHERE REQUIRED FORTHE PROPER EXECUTION OF THE WORK, SHALL BE RELOCATED AS DIRECTED BY ENGINEERS.EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN EXCAVATING OR PIERDRILLING AROUND OR NEAR UTILITIES. CONTRACTOR SHALL PROVIDE SAFETY TRAINING FOR THEWORKING CREW.ALL EXISTING INACTIVE SEWER, WATER, GAS, ELECTRIC AND OTHER UTILITIES, WHICH INTERFEREWITH THE EXECUTION OF THE WORK, SHALL BE REMOVED AND SHALL BE CAPPED, PLUGGED OROTHERWISE DISCONNECTED AT POINTS WHICH WILL NOT INTERFERE WITH THE EXECUTION OFTHE WORK, SUBJECT TO THE APPROVAL OF THE ENGINEERS.THE AREAS OF THE CUSTOMER'S PROPERTY DISTURBED BY THE WORK AND NOT COVERED BYTHE BUILDING, DRIVEWAY OR CRUSHED STONE, SHALL BE GRADED TO A UNIFORM SLOPE,FERTILIZED, SEEDED, AND COVERED WITH MULCH AS SPECIFIED IN THE SPECIFICATIONLANDSCAPE WORK.GYPSUM DRYWALL (NON-EPOXY): RADIO FACILITY (MDF) 1-2 MILS PER COAT FRAZEE PAINT -COLOR TO BE WHITE 1ST COAT: 061 AQUA SEAL 2ND COAT: 124 MIRROGLIDE S/G 3RD COAT:SEMI-GLOSS - 124 MIRROGLIDE S/GTELEPHONE BACKBOARD: FRAZEE PAINT - COLOR TO BE WHITE 1ST COAT: 367 FRAFLO V/C 2NDCOAT: FLAT FIRE PAINT #505 BY FLANECRETE (AS SPECIFIED) 3RD COAT: 124 MIRROGLIDE S/GACRYLIC SEMI-GLOSS OVERCOAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS (TINT TO MATCHWALL)PLASTER, CONCRETE, MASONRY: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TO BE WHITE1ST COAT: LATEX PRIMER SEALER - 065 ACRY PRIME 2ND COAT: SEMI-GLOSS - 124 MIRROGLIDES/G 3RD COAT: SEMI-GLOSS - 124 MIRROGLIDE S/GPLASTER, CONCRETE, MASONRY: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TO MATCHEXISTING BUILDING 1ST COAT: 061 AQUA SEAL 2ND COAT: 124 MIRROGLIDE S/G 3RD COAT:SEMI-GLOSS - 124 MIRROGLIDE S/GALUMINUM OR GALVANIZED STEEL: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR PER PLAN1ST COAT: 661 METAL PLAN 2ND COAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS 3RD COAT: 124MIRROGLIDE S/G ACRYLIC SEMI-GLOSS.FERROUS METALS; DOORS AND FRAMES: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TOMATCH EXISTING BUILDING 1ST COAT: 664 RUST STOP 2ND COAT: 124 MIRROGLIDE S/G ACRYLICSEMI-GLOSS 3RD COAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS.EXTERIOR PAINT SYSTEMS (EPS):FIRE PREVENTION: TAKE EVERY PRECAUTION AT THE END OF THE DAY TO REMOVE OILY RAGSAND COMBUSTIBLE MATERIALS FROM THE SITE OR STORE IN METAL CONTAINER WITH TIGHTCOVERS.ALL STEEL COLUMNS AND MISC. METALS SHALL BE PRIMED AND PAINTED.MATERIAL SHALL BE AS INDICATED ON PAINT SCHEDULE BELOW AND DRAWINGS.REGULATORY REQUIREMENTS: ALL MATERIALS MUST COMPLY WITH AIR POLLUTION CONTROLREGULATIONS, SUCH AS L.A. COUNTY APCD RULE 1113 AND BAY AREA PCD REG. 3.PAINTS TO BE APPLIED IN ALL WORKMANLIKE MANNER. UPON COMPLETION, REMOVE ALLMATERIALS AND DEBRIS CAUSED BY THIS CONTRACTOR, ALL HARDWARE, FLOORS, GLASS,FRAMES FIXTURES AND THE LIKE SHALL BE THOROUGHLY CLEANED OF PAINT.THE CONTRACTOR SHALL PREPARE SURFACES, FURNISH ALL PAINT, MATERIAL, LABOR ANDEQUIPMENT REQUIRED FOR THE PAINTING OF ALL SURFACES AS REQUIRED BY THE DRAWINGSAND SPECIFIED HEREIN.INSTALL EMERGENCY INFORMATION PLACARD NEAR ENTRANCE GATE OF EQUIPMENT AREA (ORMOST VISIBLE PLACE ON OUTSIDE COMPOUND WALL). PLACARD IS TO CONTAIN SITE NAME, SITENUMBER, COMPANY NAME, ADDRESS INFORMATION, AND A "800" NUMBER TO DIAL IN CASE OFEMERGENCY. PLACARD IS TO CONSIST OF HIGH CONTRAST LETTERING (WHITE BACK GROUND W/RED LETTERING) BEHIND VANDAL RESISTANT LEXAN COVER.INSTALL ADDRESS PLACARD NEAR ENTRANCE GATE OF EQUIPMENT AREA (OR FACING STREETOF ASSOCIATED ADDRESS). PLACARD IS TO CONTAIN 12" TALL HIGH CONTRAST LETTERING(WHITE BACK GROUND AND RED LETTERS) BEHIND VANDAL RESISTANT LEXAN COVER.MASONRY3"2"1 1/2"3/4"(#6 BARS ORLARGER)(#5 BARS ORSMALLER)CONCRETE PROTECTION (COVER) FOR REINFORCING STEEL SHALL BE AS FOLLOWS: FOOTINGS AND OTHER UNFORMED SURFACES, EARTH FACE FORMED SURFACES EXPOSED TO EARTH OR WEATHER SLABS AND WALLS (INTERIOR FACE)BARS SHALL BE SUPPORTED ON CHAIRS OR DOBIE BRICKS.ANCHOR BOLTS TO CONFORM TO ASTM A307.NON-SHRINK GROUT SHALL BE FURNISHED BY AN APPROVED MANUFACTURER ANDSHALL BE MIXED AND PLACED IN STRICT ACCORDANCE WITH THE MANUFACTURER'SPUBLISHED RECOMMENDATIONS. GROUT STRENGTH SHALL BE AT LEAST EQUAL TO THEMATERIAL ON WHICH IT IS PLACED (3,000 PSI MINIMUM).ALL EXPANSION ANCHORS TO BE HILTI BRAND. ADHESIVE ANCHORS REQUIRE TESTINGTO CONFIRM CAPACITY UNLESS WAIVED BY ENGINEER.<<<W/CRATIO.45.45.45MINIMUM CEMENTCONTENTPER CUBIC YARD5 1/2 SACKS6 1/2 SACKS6 1/2 SACKS28 DAY STRENGTHS(f'c)2,400 PSI4,000 PSI4,000 PSISLABS ON GRADETOPPING SLABSCONCRETE PIERSALL STRUCTURAL CONCRETEEXCEPT WALLSCONCRETE WALLSALL CONCRETE CONSTRUCTION SHALL BE IN ACCORDANCE WITH ACI-318.CONCRETE SHALL BE MIXED, PROPORTIONED, CONVEYED AND PLACED IN ACCORDANCE WITHCHAPTER 19 OF THE CURRENT BUILDING CODE. STRENGTHS AT 28 DAYS AND MIX CRITERIASHALL BE AS FOLLOWS.TYPE OF CONSTRUCTIONA.B.C.CEMENT SHALL BE ASTM C150, PORTLAND CEMENT TYPE ll U.N.O.THE GENERAL CONTRACTOR SHALL SUPERVISE AND BE RESPONSIBLE FOR THE METHODS ANDPROCEDURES OF CONCRETE PLACEMENT.ALL CONCRETE WITH SURFACES EXPOSED TO STANDING WATER SHALL BE AIR-ENTRAINED WITHAN AIR-ENTRAINING AGENT CONFORMING TO ASTM C260, C494, C618, C989 AND C1017. TOTAL AIRCONTENT SHALL BE IN ACCORDANCE WITH TABLE 1904.2.1 OF THE CURRENT BUILDING CODE.REINFORCING STEEL SHALL CONFORM TO ASTM A615 (INCLUDING SUPPLEMENT S1), GRADE 60,fy=60,000 PSI. EXCEPTIONS: ANY BARS SPECIFICALLY SO NOTED ON THE DRAWINGS SHALL BEGRADE 40, fy=40,000 PSI. GRADE 60 REINFORCING BARS INDICATED ON DRAWINGS TO BE WELDEDSHALL CONFORM TO ASTM A706. REINFORCING COMPLYING WITH ASTM A615(S1) MAY BE WELDEDONLY IF MATERIAL PROPERTY REPORTS INDICATING CONFORMANCE WITH WELDINGPROCEDURES SPECIFIED IN A.W.S. D14 ARE SUBMITTED.REINFORCING STEEL SHALL BE DETAILED (INCLUDING HOOKS AND BENDS) IN ACCORDANCE WITHAC1 315 AND 318. LAP ALL CONTINUOUS REINFORCEMENT AT LEAST 30 BAR DIAMETERS OR AMINIMUM OF 2'-0". PROVIDE CORNER BARS AT ALL WALL AND FOOTING INTERSECTIONS. LAPCORNER BARS AT LEAST 30 BAR DIAMETERS OR A MINIMUM OF 2'-0". LAP ADJACENT MATS OFWELDED WIRE FABRIC A MINIMUM OF 8" AT SIDES AND ENDS.WELDED WIRE FABRIC SHALL CONFORM TO ASTM A-185.SPIRAL REINFORCEMENT SHALL BE PLAIN WIRE CONFORMING TO ASTM A615, GRADE 60, fy=60,000PSI.NO BARS PARTIALLY EMBEDDED IN HARDENED CONCRETE SHALL BE FIELD BENT UNLESSSPECIFICALLY SO DETAILED OR APPROVED BY THE CONSULTANT.GENERAL CONCRETE NOTES:IN THE CASE OF ROOFTOP SOLUTIONS WITH THE INSTALLATION OF ANTENNAS WITHINCONCEALED (SHROUDED) SUPPORT FRAMES OR TRIPODS, THE GENERAL CONTRACTOR SHALLCOORDINATE WITH THE FRP DESIGNER/FABRICATOR TO ENSURE THAT THE FINAL FRP SHROUD ISSIMULATING (IN APPEARANCE) DESIGNATED EXISTING EXTERIOR BUILDING FACADE MATERIALS,TEXTURES, AND COLORS. THE CONTRACTOR SHALL FURTHERMORE ENSURE THE USE OFCOUNTERSUNK FASTENERS IN ALL FRP CONSTRUCTION. WHEN PHOTOSIMULATIONS AREPROVIDED, THE CONTRACTOR SHALL ENSURE THAT FINAL CONSTRUCTION REPRESENTS WHAT ISINDICATED IN PHOTOSIMULATION. SHOP DRAWINGS SHALL BE PROVIDED TO THE GENERALCONTRACTOR, CONSTRUCTION COORDINATOR, AND ARCHITECT PRIOR TO FABRICATION ANDCONSTRUCTION.IN THE CASE OF ROOFTOP SOLUTIONS FOR EQUIPMENT AND/OR ANTENNA FRAMES WHEREANCHORING TO A CONCRETE ROOF SLAB IS REQUIRED, CONTRACTORS SHALL CONFIRM (PRIORTO SUBMITTING BID) WITH CONSULTING CONSTRUCTION COORDINATOR AND ARCHITECT THEPRESENCE OF POST TENSION TENDONS WITHIN THE ROOF SLAB - RESULTING FROM ANUNDOCUMENTED DESIGN CHANGE IN THE EXISTING BUILDING "AS-BUILT DRAWING SET" - HAVINGINDICATED AN ORIGINAL DESIGN SOLUTION OF REINFORCED CONCRETE W/ EMBEDDED STEELREBAR. IN THE EVENT POST TENSION SLAB SOLUTION IS PRESENT, CONTRACTOR SHALL INCLUDEPROVISIONS FOR X-RAY PROCEDURES (INCLUDED IN BID) FOR ALL PENETRATION AREAS WHEREANCHORING OCCURS.GENERAL & SUB CONTRACTORS SHALL USE STAINLESS STEEL METAL LOCKING TIES FOR ALLCABLE TRAY TIE DOWNS AND ALL OTHER GENERAL TIE DOWNS (WHERE APPLICABLE). PLASTIC ZIPTIES SHALL NOT BE PERMITTED FOR USE ON VERIZON WIRELESS PROJECTS. RECOMMENDEDMANUFACTURE SHALL BE: PANDUIT CORP. METAL LOCKING TIES MODEL NO. MLT4S-CP UNDERSERIES-304 (OR EQUAL). PANDUIT PRODUCT DISTRIBUTED BY TRIARC OF TACOMA, WA.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR RED-LINING THE CONSTRUCTION PLANS TOILLUSTRATE THE AS-BUILT CONDITION OF THE SITE. FOLLOWING THE FINAL INSPECTION BYVERIZON WIRELESS, THE CONTRACTOR SHALL PROVIDE VERIZON WIRELESS WITH ONE (1) COPYOF ALL RED-LINED DRAWINGS. NOTE ALL OF THE FOLLOWING: MODIFICATIONS OF ANY SCHEDULE MODIFICATION OF ANY DIAGRAM SUBSTITUTIONS AND/OR MODEL NUMBERS OF EQUIPMENTVERIFY ALL FINAL EQUIPMENT WITH VERIZON WIRELESS REPRESENTATIVE. ALLTELEPHONE/RADIO EQUIPMENT LAYOUT, SPECIFICATIONS, PERFORMANCE INSTALLATION ANDTHEIR FINAL LOCATION ARE TO BE APPROVED BY VERIZON WIRELESS. THE CONTRACTOR SHALLBE RESPONSIBLE FOR COORDINATING HIS WORK WITH THE WORK AND CLEARANCES REQUIREDBY OTHERS RELATED TO SAID INSTALLATIONS.ASTM A36, Fy 36 KSIASTM A572, Fy 50 KSIASTM A53, Fy 35 KSIASTM A500, Fy 46 KSIASTM A307ASTM A325 TWIST-OFF-TYPESTRUCTURAL STEEL NOTES:DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE PRECEDENCE, THIS SET OFDOCUMENTS IS INTENDED TO BE USED FOR DIAGRAMMATIC PURPOSES ONLY, UNLESS NOTEDOTHERWISE. THE GENERAL CONTRACTOR'S SCOPE OF WORK SHALL INCLUDE FURNISHING ALLMATERIALS, EQUIPMENT, LABOR, AND ANY REQUIREMENTS DEEMED NECESSARY TO COMPLETEPROJECT AS DESCRIBED IN THE DRAWINGS AND OWNER'S PROJECT MANUAL.PRIOR TO THE SUBMISSION OF BIDS, CONTRACTORS INVOLVED SHALL VISIT THE JOB SITE TOFAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING THE NEW PROJECT. CONTRACTORSSHALL VISIT THE CONSTRUCTION SITE WITH THE CONSTRUCTION/CONTRACT DOCUMENTS TOVERIFY FIELD CONDITIONS AND CONFIRM THAT THE PROJECT WILL BE ACCOMPLISHED AS SHOWN.PRIOR TO PROCEEDING WITH CONSTRUCTION, ANY ERRORS, OMISSIONS, OR DISCREPANCIESSHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT/ENGINEER VERBALLY AND INWRITING.THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN THE CONSTRUCTIONAND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF WORK. CONTRACTORS BIDDING THE JOBARE NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND ORSPECIFICATIONS SHALL NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT ANDIMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THE BIDDER SHALLBEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THE ARCHITECT/ENGINEER OF ANYCONFLICTS, ERRORS, OR OMISSIONS PRIOR TO SUBMISSION OF CONTRACTOR'S PROPOSAL. INTHE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OREXTENSIVE WORK, UNLESS DIRECTED OTHERWISE.THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBED IN THE CONTRACTDOCUMENTS. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES FOR COORDINATING ALLPORTIONS OF THE WORK UNDER THE CONTRACT.THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS ACCORDING TOMANUFACTURER'S/VENDOR'S SPECIFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCALCODES OR ORDINANCES TAKE PRECEDENCE.ALL WORK PERFORMED ON THE PROJECT AND MATERIALS INSTALLED SHALL BE IN STRICTACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. CONTRACTORSHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS ANDLAWFUL ORDERS OF ANY PUBLIC AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS,AND LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE WORK.GENERAL CONTRACTOR SHALL PROVIDE, AT THE PROJECT SITE, A FULL SET OF CONSTRUCTIONDOCUMENTS UPDATED WITH THE LATEST REVISIONS AND ADDENDA OR CLARIFICATIONS FOR USEBY ALL PERSONNEL INVOLVED WITH THE PROJECT. THIS SET IS A VALID CONTRACT DOCUMENTONLY IF THE TITLE SHEET IS STAMPED "FOR CONSTRUCTION" AND EACH SUCCESSIVE SHEETBEARS THE ARCHITECT'S SIGNED WET STAMP.THE STRUCTURAL COMPONENTS OF ADJACENT CONSTRUCTION OR FACILITIES ARE NOT TO BEALTERED BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHERWISE.SEAL ALL PENETRATIONS THROUGH FIRE-RATED AREAS WITH U.L. LISTED OR FIRE MARSHALLAPPROVED MATERIALS IF APPLICABLE TO THIS FACILITY AND OR PROJECT SITE.CONTRACTOR TO PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN2-A OR 2-A10BC WITHIN 75 FEET TRAVEL DISTANCE TO ALL PORTIONS OF PROJECT AREA DURINGCONSTRUCTION.CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTING IMPROVEMENTS,EASEMENTS, PAVING, CURBING, ETC. DURING CONSTRUCTION. UPON COMPLETION OF WORK,CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED DUE TO CONSTRUCTIONON OR ABOUT THE PROPERTY.CONTRACTOR SHALL KEEP GENERAL WORK AREA CLEAN AND HAZARD FREE DURINGCONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, AND RUBBISH. CONTRACTOR SHALL REMOVEEQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY OR PREMISES. SITE SHALL BELEFT IN CLEAN CONDITION AND FREE FROM PAINT SPOTS, DUST, OR SMUDGES OF ANY NATURE.THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO PROCEED WITHCONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THECONSTRUCTION DRAWINGS/CONTRACT DOCUMENTS.THE CONTRACTOR SHALL PERFORM WORK DURING OWNER'S PREFERRED HOURS TO AVOIDDISTURBING NORMAL BUSINESS.THE CONTRACTOR SHALL PROVIDE COMPANY WITH. PROPER INSURANCE CERTIFICATES NAMING(COMPANY). AS ADDITIONAL INSURED, AND (COMPANY) PROOF OF LICENSE(S) AND PE & PDINSURANCE.CONTRACTOR SHALL BE RESPONSIBLE FOR SCHEDULING AND COORDINATING ALL INSPECTIONS.CAUTION! CALL BEFORE YOU DIG! BURIED UTILITIES EXIST IN THE AREA AND UTILITYINFORMATION SHOWN MAY NOT BE COMPLETE. CONTACT THE ONE-CALL UTILITY LOCATESERVICE A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. 1-800-332-2344.CONTRACTOR TO DOCUMENT ALL WORK PERFORMED WITH PHOTOGRAPHS AND SUBMIT TO(COMPANY) ALONG WITH REDLINED CONSTRUCTION SET.CONTRACTOR TO DOCUMENT ALL CHANGES MADE IN THE FIELD BY MARKING UP (REDLINING) THEAPPROVED CONSTRUCTION SET AND SUBMITTING THE REDLINED SET TO (COMPANY)REPRESENTATIVE UPON COMPLETION.FOR COLLOCATION SITES: CONTACT TOWER OWNER REPRESENTATIVE FOR PARTICIPATION INBID WALK.GENERAL CONTRACTOR IS TO COORDINATE ALL POWER INSTALLATION WITH POWER COMPANYAS REQUIRED. CONTRACTOR TO REPORT POWER INSTALLATION COORDINATION SOLUTION(S) TONETWORK CARRIER REPRESENTATIVE, PROJECT CONSTRUCTION MANAGER AND ARCHITECT.ANY SUBSTITUTIONS OF MATERIALS AND/OR EQUIPMENT, MUST BE APPROVED BY (COMPANY)CONSTRUCTION MANAGER.IN THE CASE OF ROOFTOP SOLUTIONS FOR EQUIPMENT AND/OR ANTENNA FRAMES WHEREPENETRATION OF EXISTING ROOFING MATERIALS OCCUR, THE GENERAL CONTRACTOR SHALLCOORDINATE WITH BUILDING OWNER AND BUILDING ROOFING CONTRACTOR OF RECORD FORINSTALLATION, PATCH, REPAIR OR ANY AUGMENTATION TO THE ROOF, AND HAVE THE WORKGUARANTEED UNDER THE ROOFING CONTRACTOR'S WARRANTY FOR MOISTURE PENETRATIONOR AND OTHER FUTURE BREACH OF ROOFING INTEGRITY.CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK, AND PROVIDE CONTINUOUSSUPERVISION WHILE ANY SUBCONTRACTORS OR WORKMEN ARE ON THE JOB SITE.CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES, AND PROCEDURES OF THE WORK UNDER THE CONTRACT.CONTRACTOR SHALL PROTECT ALL EXISTING IMPROVEMENTS AND FINISHES THAT ARE TOREMAIN. CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY OCCUR DURING CONSTRUCTIONTO SATISFACTION OF VERIZON WIRELESS REPRESENTATIVE.CONTRACTOR SHALL KEEP THE CONSTRUCTION SITE CLEAN, HAZARD FREE AND DISPOSE OF ALLDIRT, DEBRIS DURING CONSTRUCTION. LEAVE PREMISES IN A VACUUM AND BROOM CLEANCONDITION, FREE FROM PAINT SPOTS, DUST, SMUDGES OF ANY NATURE AND IN WORKING ORDERUNTIL ACCEPTANCE BY VERIZON WIRELESS AND PROPERTY OWNER.GENERAL NOTES:ALL MATERIAL TO BE HOT DIPPED GALVANIZED AFTER FABRICATION PER A123/A123M-00.ALL WELDING SHALL BE IN CONFORMANCE WITH A.I.S.C. AND AWS STANDARDS AND SHALL BEPERFORMED BY W.A.B.O. CERTIFIED WELDERS USING E70 XX ELECTRODES. ONLY PREQUALIFIEDWELDS (AS DEFINED BY AWS) SHALL BE USED. WELDING OF GRADE 60 REINFORCING BARS (IFREQUIRED) SHALL BE PERFORMED USING LOW HYDROGEN ELECTRODES. WELDING OF GRADE 40REINFORCING BARS (IF REQUIRED) SHALL BE PERFORMED USING E70 XX ELECTRODES. WELDINGWITHIN 4" OF COLD BENDS IN REINFORCING STEEL IS NOT PERMITTED. SEE REINFORCING NOTEFOR MATERIAL REQUIREMENTS OF WELDED BARS.COLD-FORMED STEEL FRAMING MEMBERS SHALL BE OF THE SHAPE, SIZE, AND GAGE SHOWN ONTHE PLANS. PROVIDE MINIMUM SECTION PROPERTIES INDICATED. ALL COLD-FORMED STEELFRAMING SHALL CONFORM TO THE A.I.S.S. "SPECIFICATION FOR THE DESIGN OF COLD-FORMEDSTEEL STRUCTURAL MEMBERS."BOLTED CONNECTIONS SHALL USE BEARING TYPE ASTM A325 BOLTS (3/4" DIA.) AND SHALL HAVE AMINIMUM OF TWO BOLTS UNLESS NOTED OTHERWISE.NON-STRUCTURAL CONNECTIONS FOR STEEL GRATING MAY USE 5/8" DIA. ASTM A307 BOLTSUNLESS NOTED OTHERWISE.ALL STEEL WORK SHALL BE PAINTED IN ACCORDANCE WITH THE DESIGN & CONSTRUCTIONSPECIFICATION AND IN ACCORDANCE WITH ASTM A36 UNLESS NOTED OTHERWISE.ALL WELDS TO BE 1/4" FILLET UNLESS NOTED OTHERWISE.TOUCH UP ALL FIELD DRILLING AND WELDING WITH 2 COATS OF GALVACON (ZINC RICH PAINT) ORAPPROVED EQUAL.Marana Regular Council Meeting 01/16/2018Page 696 of 774 GGGGGGGGGGGGGGGGGGGGGPROPOSED TOWERCENTER OF GEODETIC COORDINATESLAT.= 32° 20' 15.780" NORTHLON.= 111° 03' 01.410" WESTELEV. @ GROUND =2240.0NATURALGROUNDPARKINGLOTD/WD/W146. 8 3' T O P O W E R P O L E 75' R/W (ASSESSOR)LEGENDELECTRIC CABINETSANITARY SEWER MANHOLERIGHT-OF-WAY LINEBRASS CAP FLUSH (BCFL)CENTERLINEU/G GAS LINEWATER LINEGASGASWWWPOSITION OF GEODETIC COORDISPIMA COUNTY, CITY OF TUCSON RIGHT-OF-WAYLESSOR'S LEGAL DESCRIPTION1. ELEVATIONS SHOWN HEREON ARE REPRESENTED IN NORTHAMERICAN VERTICAL DATUM OF 1988 (NAVD88) ESTABLISHED FROMGPS DERIVED ELLIPSOID HEIGHTS, APPLYING GEOID 12B SEPARATIONSCONSTRAINING TO NGS CORS STATIONS PROVIDED IN THE "ONLINEPOSITIONING USER SERVICE" (OPUS) SOLUTION FOR THIS SPECIFICSITE.2. BEARINGS SHOWED HEREON ARE BASED UPON U.S. STATE PLANENAD83 COORDINATE SYSTEM ARIZONA STATE PLANE COORDINATEZONE CENTRAL, DETERMINED BY GPS OBSERVATIONS.3. FIELD WORK FOR THIS PROJECT WAS PERFORMED ON 09/26/17.PROJECT META DATA101. A TITLE REPORT WAS NOT PROVIDED AT THE TIME OF THE SURVEY.2. SURVEYOR HAS NOT PERFORMED A SEARCH OF PUBLIC RECORDS TODETERMINE ANY DEFECT IN TITLE.3. THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORDINFORMATION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OFTHE PROPERTY.4. SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN ORTHEIR LOCATIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR ANDDEVELOPER TO CONTACT BLUE STAKE AND ANY OTHER INVOLVEDAGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION.REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITYOF THE CONTRACTOR.ROYEVRUS DNALDERETSIGER44007RYAN L.FIDLER10245architecture / E. Via Linda, Scottsdale, AZ 85258 project managementfax: 480 451 9608ph: 480 451 9609 corp@ydcoffice.come mail:SURVEYOR NOTES110/16/17PRELIMINARYSHEET NO. REVISION:REVISIONSPROJECT No.SITE NAME:SITE ADDRESS:SHEET TITLE:FIELD BY:DRAWN BY:CHECKED BY:NO.DATEDESCRIPTIONREUSE OF DOCUMENTTHE IDEAS & DESIGN INCORPORATED HEREON, AS ANINSTRUMENT OF PROFESSIONAL SERVICE, IS THEPROPERTY OF RLF CONSULTING, LLC & IS NOT TO BEUSED FOR ANY OTHER PROJECT WITHOUT WRITTENAUTHORIZATION OF RLF CONSULTING, LLC.GCGACRLF090061393PH90XSM45BW INA RD & N THORNYDALE RDTUCSON, AZ 85741TOPOGRAPHIC SURVEYLS-1NORTHTHE PROPOSED LEASE PREMISES SHOWN HEREON APPEAR TO BE WITHIN FLOODZONE "X" AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCYFIRM MAP NO. 04019C1660L DATED 06/16/11.FLOOD ZONE "X" IS DEFINED AS: AREAS DETERMINED TO BE OUTSIDE 500-YEARFLOODPLAIN; DETERMINED TO BE OUTSIDE THE 1% AND 0.2% ANNUAL CHANCEFLOODPLAINS.FLOOD ZONE DESIGNATION2955 Red Hill Ave, Suite 200INA RDOLDFATHER RDTHORNYDALE RDMarana Regular Council Meeting 01/16/2018Page 697 of 774 2240.2 TBC 2239.7 TBC 2240.5 TBC 2240.8 TBC 2241.5 TBC 2239.3 EP 2240.0 EP 2240.4 EP 2239.6 EP 2240.3 TBC 2240.7 NG 2240.8 CMU 2241.0 CMU 2240.7 CMU 2240.9 CS 2241.3 CS 2239.4 CSWEST INA ROADEXISTINGDRIVEWAYN89° 46' 44"E1647.62'N89° 46' 44"E988.02'NATURALGROUNDEXISTING CONCRETE CURB &GUTTER, TO REMAIN UNCHANGEDUNLESS OTHERWISE NOTEDEXISTING U.G. GASUTILITIES, PER BLUE STAKENEW MOBILITIE METERPEDESTAL W/ I.L.C.EXISTING 3' SIGN, TOREMAIN IN PLACEEXISTING 4'-8" CMUSCREEN WALL, TOREMAIN IN PLACER.O.W. LINE(ASSESSOR)PARKING LOTCALCULATEDPOSITIONEXISTING U.G.WATER UTILITIES,PER BLUE STAKEEXISTINGDRIVEWAYNEW U.G. POWERCONDUIT ROUTENEW 50' GALVANIZED STEELPOLE W/ ANTENNASCENTER OF GEODETICCOORDINATES15'-0"14'-8"25'-2"12'-5"11'-5"APN: 225-38-089DHALLE PROPERTIES, L.L.C.ZONE: VILLAGE COMMERCIALAPN: 225-38-089ECARL FAMILY TRUSTZONE: VILLAGE COMMERCIALAPN: 225-38-088EEMBASSY PLAZA, L.L.C.ZONE: NEIGHBORHOODCOMMERCIALOVERALL SITE PLANA-19AZB001687-BTUCSON, AZ 85741CUP1710-001SITE PLANN O R T HA-11SEE A-2 SHEET FORENLARGED PLANSSCALE: 1" = 10'-0"SCALE: 1" = 10'-0"5' 10'0 20'Marana Regular Council Meeting 01/16/2018Page 698 of 774 2239.7 TBC 2240.5 TBC 2239.3 EP 2240.0 EP 2240.3 TBC 2240.7 NG 2239.4 CSWEST INA ROADN89° 46' 44"E1647.62'NATURALGROUNDNEW MOBILITIE METERPEDESTAL W/ I.L.C.NEW U.G. POWERCONDUIT ROUTENEW 50' GALVANIZED STEELPOLE, W/ IBR_1300 DISHMOUNTED ON REVERSE SIDEOF POLE , RRH MOUNTEDFACING STREETR.O.W. LINE(ASSESSOR)CENTER OF GEODETICCOORDINATESEXISTING 3' SIGN, TOREMAIN IN PLACEEXISTING U.G. GAS UTILITIES,PER BLUE STAKEEXISTING CONCRETE CURB& GUTTER, TO REMAINUNCHANGED UNLESSOTHERWISE NOTED1'-4"3'-0"1'-4"14'-8"15'-0" CLEAR ZONE3'-8"13'-4"12'-5"11'-5"APN: 225-38-089DHALLE PROPERTIES, L.L.C.ZONE: VILLAGE COMMERCIALENLARGED SITE PLANSITE DETAILSA-29AZB001687-BTUCSON, AZ 85741CUP1710-001ENLARGED PLANN O R T HA-21SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'Marana Regular Council Meeting 01/16/2018Page 699 of 774 50'-0" OVERALL HEIGHT OF NEW POLE(1) NEW RRH UNIT ON FACEAND (1) NEW IBR_1300 MWDISH MOUNTED TO REVERSESIDE OF NEW POLENEW GALVANIZEDSTEEL POLENEW OMNI ANTENNAMOUNTED TO NEW POLEEMBED FOUNDATION,PER STRUCTURALNEW CONCRETECAISSONEMBED FOUNDATIONPER STRUCTURALNEW POWER CONDUITROUTED UP NEW POLENEW MOBILITIECOMMERCIALPEDESTAL W/ I.L.C.4'-0"NEW 2" PVC STUB OUT FORPOLE ELECTRICAL WIRINGNEW U.G. POWERCONDUIT ROUTE(~60' RUN)NEW 4" PVC STUB OUT FORANTENNA COAX ROUTING15'-0" TO CENTERLINE OF RRHEXISTING CMUSCREEN WALL, TOREMAIN IN PLACEEXISTING CONCRETE CURB& GUTTER, TO REMAINUNCHANGED UNLESSOTHERWISE NOTED15"ØPOLE DIA. TO ULTIMATELYBE DETERMINED BY ASTRUCTURAL ENGINEERP NEW GALVANIZEDSTEEL POLENEW 2" PVC STUB OUT FORPOLE ELECTRICAL WIRINGNEW 4" PVC STUB OUT FORANTENNA COAX ROUTINGEMBED FOUNDATION,PER STRUCTURALNEW CONCRETECAISSONNEW POWER CONDUITROUTED UP NEW POLENEW U.G. POWERCONDUIT ROUTE(~60' RUN)NEW OMNI ANTENNAMOUNTED TO NEW POLE15'-0" TO CENTERLINE OF RRH43'-0" TO MW DISH50'-0" OVERALL HEIGHT OF NEW POLE(1) NEW RRH UNITMOUNTED TO FACE OFNEW POLE(1) NEW IBR_1300 MWDISH MOUNTED TOREVERSE SIDE OFNEW POLE4'-0"NEW MOBILITIEMETER PEDESTALW/ I.L.C.EXISTING CONCRETE CURB& GUTTER, TO REMAINUNCHANGED UNLESSOTHERWISE NOTEDEXISTING CMUSCREEN WALL, TOREMAIN IN PLACE15"ØEMBED FOUNDATIONPER STRUCTURALPOLE DIA. TO ULTIMATELYBE DETERMINED BY ASTRUCTURAL ENGINEERELEVATIONSA-39AZB001687-BTUCSON, AZ 85741CUP1710-001NEW WEST ELEVATIONA-31SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'NEW SOUTH ELEVATIONA-32SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'PAINTING NOTES:METER PEDESTAL TO BE PAINTED'DESERT TAN' IN COLORPOLE MOUNTED EQUIPMENT SHALLMATCH POLE COLOR TO THEFURTHEST EXTENT POSSIBLEMarana Regular Council Meeting 01/16/2018Page 700 of 774 DETAILSA-49AZB001687-BTUCSON, AZ 85741CUP1710-001SCALE: N.T.S.SCALE: N.T.S.SCALE: N.T.S.(N) FASTBACKNETWORKS(IBR_1300 - ORAPPROVED EQUAL)(N) ALPHA WIRELESS(GPS INTEGRATED) ANTENNA(AW3477-SG - OR APPROVED EQUAL)(N) BAND 41 - NOKIA MINI-MACRO,FWHR 2X20W LOW BAND / HIGHPOWER RADIO HEAD(473603A - OR APPROVED EQUAL)3"3"3"3"3"3"SCALE: N.T.S.(N) ALPHA WIRELESS(GPS INTEGRATED) ANTENNA(AW3477-SG - OR APPROVED EQUAL)1'-6"(N) MOUNT,ECCENTRIC POLE TOP(N) GPS ANTENNA(N) 1/2" Ø POWER CABLE RUN INSIDELIQUID-TIGHT FLEXIBLE CONDUITROUTED INSIDE THE REPLACEMENTLIGHT POLE TO THE METER PEDESTALPLAN VIEW(N) BAND 41 - NOKIA MINI-MACRO,FWHR 2X20W LOW BAND/HIGHPOWER RADIO HEAD(473603A - OR APPROVED EQUAL)(1) (N) CAT 5E FROMRRH TO UE RELAY(2) (N) 1/2" DIA.COAX CABLESSCALE: N.T.S.MANUFACTURER: NOKIAMODEL: B41 HP(OR APPROVED EQUAL)HEIGHT: 9.7 INWIDTH: 12.9 INDEPTH: 5.7 INWEIGHT: 22 LBSFRONTSIDEBACK9.7"5.7"PLAN12.9"(N) FASTBACK NETWORKS(IBR_1300 - OR APPROVED EQUAL)(HEIGHT VARIES AND MAY NOTMATCH DIAGRAM )Marana Regular Council Meeting 01/16/2018Page 701 of 774 From:Scott E. Carl To:Cynthia Ross Cc:Adam Brixius Subject:Re: Property Owner Objection to Proposed Cell Wireless Antenna in Ina Road ROW ("CUP Application" 1710-001) - Sprint Wireless project 9AZB001687-B ("Objection") Date:Thursday, December 07, 2017 4:24:02 PM Attachments:2017-12-07 Suggested Proposed Antenna Relocation.pdf Ms. Ross: Thank you for providing information on the above-referenced CUP Application (which we did not receive from the applicant). I am the owner of 3996 W. Ina Road, Marana, AZ, housing tenants Pet Club and Brooklyn Bedding. I spoke with the applicant’s representative, Mr. Adam Brixius, this afternoon. I expressed my concerns about the proposed antenna location in front of Discount Tire (3960 West Ina Road), primarily that it will cause interference with the sight line of the businesses on the north side of Ina Road. Presently, there are very few utility poles on the North side of Ina Road in that area; it is largely uncluttered right-of-way frontage. At considerable expense, we have recently replaced our property’s monument sign. Our tenants rely on street visibility to attract tenants and to generate sales, resulting in tax revenue for the City of Marana. I requested Mr. Brixius’ assistance to address our concerns and to relocate the proposed antenna (see attached overview): 1. To the South side of Ina Road where there are existing utility poles, where it would blend in better and not block visibility as it will on the North side of Ina Road; 2. To the West of our property, in front of the U-haul self-storage facility where it would not interfere with frontage visibility and would be camouflaged by vegetation and existing an utility installation; 3. Onto the rear of our property, where it would not impact visibility at all; and/or 4. Onto existing or proposed utility or street light poles or other existing structures. Mr. Brixius was not enthusiastic about any of those suggestions and offered no alternatives to the existing CUP Application location. While generally not opposed to wireless antennas, I believe that the proposed location would be detrimental to our property, that other suitable locations are available and, therefore, ask that this CUP application be denied. Unfortunately, I will be unable to attend the Planning Commission Hearing of the CUP Marana Regular Council Meeting 01/16/2018 Page 702 of 774 Application hearing on December 20, 2017 (“Hearing”), so request that you: * Lodge this Objection in the minutes of the Hearing ; * Read this Objection aloud and into the record at the Hearing (as and when it may be held); * Advise me of any action taken by the Planning Commission on the application; and * Confirm by return email that you have received this Objection. Do not hesitate to contact me with any questions you have regarding our objection to the Sprint Wireless Antenna CUP application. Thank you for your courtesies and assistance in this matter. Sincerely, Scott E. Carl, President Carl Investment Corporation 1820 S. Escondido Blvd. #205 Escondido, CA 92025 Tel: 760-743-3228 scottecarl@gmail.com CONFIDENTIALITY NOTICE: This e-mail from the Offices of Carl Investment Corporation contains information that may be confidential and/or privileged. It is intended for the sole use of the individual or entity to which it was addressed. If you are not the intended recipient, be advised that Federal law prohibits disclosing, copying, forwarding or taking any action in reliance on this information. If you received this e-mail in error, please destroy all copies of the original e-mail (and any attachments) and notify the sender immediately by reply e-mail. Nothing in this communication should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document. The recipient is advised that the sender is not providing, and has not been contracted to provide, legal, financial, or tax advice; any such advice must be obtained from the recipients' own attorneys, accountants, or tax professionals. On Dec 5, 2017, at 2:04 PM, Cynthia Ross <cross@MARANAAZ.GOV> wrote: Good afternoon Scott, Thank you for your call. Attached are a number of documents that should assist in understanding the proposal. Elevations of the proposed pole can be found on Sheet A-3 of the site plan. The below photo shows the proposed location of the pole. I am uncertain why you didn’t receive a letter from the applicant, but have a call in to Adam Brixius, with Mobilitie LLC. I have copied Adam on this email. Marana Regular Council Meeting 01/16/2018 Page 703 of 774 You are also welcome to contact Adam for more information. Adam can be reached at 480-528-0384. Please feel free to contact me with any questions. <image004.png> Cynthia L. Ross, AICP Senior Planner Planning Department Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 (520)382-2651 <MaranaAZEmailSignature.jpg> <9AZB001687-B SITE PLAN 10-31-2017.pdf><9AZB001687-B CUP NARRATIVE 10-31-2017.pdf><Applicant Information and Notification Letter - Ina Road - 11-17-17.pdf> Marana Regular Council Meeting 01/16/2018 Page 704 of 774 ApproximateProposedAntenna LocationApproximateSuggestedAlternativeLocationApproximateBoundaries of Carl ParcelApproximateSuggestedAlternativeLocation onCarl ParcelRt. of WayApproximateSuggestedAlternativeLocation onS. Side of InaMarana Regular Council Meeting 01/16/2018Page 705 of 774 Marana Regular Council Meeting 01/16/2018 Page 706 of 774 Marana Regular Council Meeting 01/16/2018 Page 707 of 774 Marana Regular Council Meeting 01/16/2018 Page 708 of 774 Marana Regular Council Meeting 01/16/2018 Page 709 of 774 Marana Regular Council Meeting 01/16/2018 Page 710 of 774 Marana Regular Council Meeting 01/16/2018 Page 711 of 774 00055525.DOCX /1 Marana Resolution No. 2018-006 - 1 - MARANA RESOLUTION NO. 2018-006 RELATING TO DEVELOPMENT; APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A NEW 45 FOOT, 11 INCH HIGH SMALL CELL WIRELESS FACILITY AT 7107 N. CAMINO MARTIN ROAD IN THE TOWN OF MARANA PUBLIC RIGHT-OF-WAY, APPROXIMATELY 180 FEET NORTH OF JEREMY PLACE ROAD WHEREAS Mobilitie, LLC (the “Applicant”) has applied to the Town of Marana for approval of a new wireless facility at 7107 N. Camino Martin in the public right-of- way; and WHEREAS the development of the site will include the construction of a new 45-foot, 11-inch high, 15-inch wide galvanized steel pole that will support an omni antenna, a remote radio head, and a microwave, and an adjacent four-foot high painted meter pedestal; and WHEREAS the Marana Planning Commission considered the request for approval of the conditional use permit on December 20, 2017, and voted 7-0 to approve, and to recommend that the Mayor and Council approve, the conditional use permit; and WHEREAS the Mayor and Council find that the best interests of Marana and its residents are served by approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the conditional use permit to allow the development of a new wireless facility at 7107 N. Camino Martin in the public right-of-way is hereby approved subject to the following conditions: 1. The Applicant shall comply with all applicable provisions of the Town of Marana codes and ordinances current at the time of development including, but not limited to, Title 23 of the Marana Land Development Code. 2. The Applicant shall comply with the terms of a Town of Marana telecommunications right-of-way license. 3. The Applicant or a designated representative shall obtain all required building permits prior to development of the wireless communication facility. 4. The Applicant shall submit a written statement from the Federal Communication Commission (FCC) and the Federal Aviation Administration (FAA) that the proposed tower and its communications use by the Applicant complies with Marana Regular Council Meeting 01/16/2018 Page 712 of 774 00055525.DOCX /1 Marana Resolution No. 2018-006 - 2 - applicable regulations administered by those agencies or that the tower is exempt from those regulations, prior to approval of the Town of Marana building permit to construct this site. 5. The Applicant shall submit written documentation demonstrating that the NIER (radio frequency) emissions from the proposed site are within the limits set by the FCC. 6. The wireless facilities shall have a setback of at least two feet from any property line, provided that the foundation required for the pole is located entirely within the right-of-way. 7. The height of the wireless facility shall not exceed the height limitation for the nearest abutting zone district, which is 55 feet in height. 8. The facility, including pole and meter pedestal, shall be located outside the clear zone. 9. The Applicant shall provide a Field Survey sealed by a Registered Land Surveyor. 10. The Applicant shall provide a Sub-Surface Elevation (SUE) to determine the location of underground utilities. 11. The Applicant shall provide utility clearance letters from each utility in the location. 12. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation, or relieves the Applicant or land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations including, but not limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 13. The Applicant shall submit a letter authorizing the person submitting the application to apply for the CUP as an agent of Mobilitie, LLC. The letter of authorization must be signed by a person authorized to bind Mobilitie, LLC and must identify the Mobilitie, LLC instrument that grants that authorization. Each subsequent instrument, including the telecommunication license agreement and site permit for each site, must also be signed by a person authorized to bind Mobilitie, LLC. Marana Regular Council Meeting 01/16/2018 Page 713 of 774 00055525.DOCX /1 Marana Resolution No. 2018-006 - 3 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 714 of 774 Marana Regular Council Meeting 01/16/2018 Page 715 of 774 INA RD AERIE DRCAMINO MARTIN JEREMY PLULENE PLJUNIPER RDData Disclaimer: The Town of Marana provides this map information "As Is" at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In noevent shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special, incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data. ° A request by Mobilitie LLC, for a Conditional Use Permit to develop a new 45 foot, 11 inch, high small cell wireless facility in the Town of Marana Right-of-Way, approximately 180 feet north of Jeremy Place on the west side of Camino Martin Road. Case # CUP1710-002 Conditional Use Permit 7107 N. Camino Martin Road In the Town of Marana R.O.W. Subject Area Marana Regular Council Meeting 01/16/2018 Page 716 of 774 TITLE SHEETT-19AZB001679-DTUCSON, AZ 85741CUP1710-002N O R T HCLIENT:ZONING:T-1PROJECT INFORMATION AND DATAA-2 ENLARGED SITE PLANAPN:YOUNG DESIGN CORP.SCOTTSDALE, ARIZONA, 85258CONTACT: BRIAN CUNNINGHAM10245 E. VIA LINDA, SUITE 211PHONE: (480) 451-9609FAX: (480) 451-9608THE PROJECT IN THE LICENSE AREA CONSISTS OF THE INSTALLATIONOF AN OMNI-DIRECTIONAL ANTENNA, AN IBR_1300 MW DISH AND A RRHAT TOP OF A NEW GALVANIZED STEEL POLE AND THE INSTALLATIONOF A GROUND MOUNTED METER PEDESTAL ADJACENT TO THE POLE.FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION.FROM SKY HARBOR AIRPORT, DEPART S. 40TH ST TOWARD E. MADISONST. TURN RIGHT ONTO E. WASHINGTON ST. TAKE RAMP RIGHT FORAZ-143 S. AT EXIT 1A, TAKE RAMP RIGHT FOR I-10 EAST / US-60 TOWARDTUCSON. AT EXIT 248, TAKE RAMP RIGHT FOR N. CASA GRANDE HWY /N. I-10 FRONTAGE RD TOWARD INA RD. BEAR LEFT ONTO W. INA RD.TURN RIGHT ONTO N. CAMINO MARTIN. ARRIVE AT N. CAMINO MARTIN.THE LAST INTERSECTION IS W. INA RD. IF YOU REACH W. JEREMY PL,YOU'VE GONE TOO FAR.HEAVY INDUSTRIALR.O.W. ADJACENT TO EAST OF APN: 101-05-006EMOBILITIECOSTA MESA, CA, 926262955 RED HILL AVENUE, #200GROUND ELEVATION:LONGITUDE:2220.6' A.M.S.L.111° 03' 27.110" WLATITUDE: 32° 20' 09.010" NA-3 ELEVATIONSA-1 SITE PLANRLF CONSULTINGTEMPE, AZ, 85281CONTACT: RYAN FIDLER1214 N. STADEM DR.PHONE: (480) 445-9189LS-1 SITE SURVEYSITE ID-CANDIDATE LETTER:9AZB001679-DA-4 SITE DETAILSLATITUDE / LONGITUDE:32° 20' 09.010" N / -111° 03' 27.110" WCROSS STREETS: N. CAMINO MARTIN & W. JEREMY PLMOBILITIECOSTA MESA, CA 926262955 RED HILL AVENUE, #200CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384CITY OF TUCSONTUCSON, AZ, 85701CONTACT: DEVELOPMENT SERVICES201 N. STONE AVENUEPHONE: (520) 791-5550INA ROADCAMINOMARTINJEREMYPLACEPROJECTAREA10JURISDICTION:BUILDING CODES:TOWN OF MARANA2012 I.B.C.2011 N.E.C.2012 I.M.C.2012 I.F.C.T-2 GENERAL NOTESSITE ADDRESS: 7107 N. CAMINO MARTINCITY, STATE, ZIP: TUCSON, AZ 85741NOTE: THE OPERATION OF THIS SITE IS SUBJECT TO THE TERMS OF ASTANDARD, YET-TO-BE-APPROVED TOWN OF MARANA TELECOMRIGHT-OF-WAY LICENSE. IF THIS CUP IS GRANTED, TOWN STAFF PLANSTO PREPARE AND PRESENT THE LICENSE TO COUNCIL WITHIN 30 DAYS.Marana Regular Council Meeting 01/16/2018Page 717 of 774 GENERAL INFORMATIONT-29AZB001679-DTUCSON, AZ 85741CUP1710-002INSTALL REINFORCING AS PER DETAILS AND REFERENCED TRADE STANDARDS.INSTALL METAL TIES FOR BONDING AS PER DETAILS AND REFERENCED TRADE STANDARDS.ASSURE COMPLIANCE IN TYPES, SIZES, SPACING, DEPTH OF ANCHORING AND CORROSIONRESISTANCE.MASONRY ACCESSORIES AND REINFORCING -- INSTALLATIONCOMPLETE ALL WORK ACCORDING TO THE STANDARDS AND SPECIFICATIONS OF THEMASONRY INSTITUTE OF AMERICA.COMPLETE ALL WORK ACCORDING TO APPLICABLE CODES AND REGULATIONS.COMPLETE THIS WORK IN A TIMELY FASHION, WITHOUT INTERFERING WITH, OR DELAYINGTHE WORK OF OTHER TRADES.UNIT MASONRY INSTALLATION AND MORTAR APPLICATIONPROVIDE ALL ACCESSORIES AND MATERIALS AS REQUIRED FOR COMPLETE, PROPERINSTALLATION.ACCESSORIES AND OTHER RELATED MATERIALSSEE CONCRETE SECTION THIS SPECIFICATION FOR THE REINFORCING STEEL MATERIALREQUIREMENTS.GROUT SHALL BE TYPE II CEMENT CONFORMING TO ASTM C-150. AGGREGATE SHALLCONFORM TO ASTM C-144, SAND TO CONFORM TO ASTM C-404 AND LIME SHALL CONFORMTO ASTM C-207.GRADES AND TYPES: HOLLOW, LOAD-BEARING UNITS GRADE N, TYPE I, MEDIUM WEIGHT FOREXTERIOR. HOLLOW, LOAD-BEARING UNITS GRADE S, TYPE II, LIGHTWEIGHT FOR INTERIOR.PROVIDE CONCRETE UNIT MASONRY WHERE SHOWN ON THE DRAWINGS AND SPECIFIEDHEREIN AS MANUFACTURED BY:CONCRETE UNIT MASONRY UNITS SHALL COMPLY WITH ASTM STANDARDS:CONCRETE BRICKS, ASTM C55. HOLLOW LOAD-BEARING UNITS, ASTM C90. HOLLOWNON-LOAD-BEARING UNITS, ASTM C129. SOLID LOAD-BEARING UNITS, ASTM C145.MORTAR MATERIALS: PORTLAND CEMENT, TYPE I OR II. AGGREGATE, CLEAN, SHARP SAND.LIME, QUICK LIME ASTM C5. HYDRATED LIME, TYPE S. WATER, CLEAN AND POTABLE.MORTAR AS PER ASTM C270. TYPE S. ONE PART PORTLAND CEMENT. ONE-HALF PART LIME.NOT MORE THAN FOUR AND ONE-HALF PARTS SAND, MEASURED DAMP AND LOOSE.COMPRESSIVE STRENGTH OF 1800 PSI AT 28 DAYS.WORKPROVIDE EVERYTHING REQUIRED TO COMPLETE UNIT MASONRY AS SHOWN ON THEDRAWINGS AND SPECIFIED HEREIN.QUALITY STANDARDSPROVIDE EXPERIENCED, WELL-TRAINED WORKERS COMPETENT TO COMPLETE THE WORKAS SPECIFIED.SHOP DRAWINGS FOR STRUCTURAL STEEL SHALL BE SUBMITTED TO THE CONSULTANT FORREVIEW PRIOR TO FABRICATION.STRUCTURAL STEEL DESIGN, FABRICATION AND ERECTION (INCLUDING FIELD WELDING, HIGHSTRENGTH FIELD BOLTING, EXPANSION BOLTS, AND THREADED EXPANSION ANCHORS) SHALL BEBASED ON THE A.I.S.C. "SPECIFICATION FOR THE DESIGN, FABRICATION, AND ERECTION OFSTRUCTURAL STEEL FOR BUILDINGS" LATEST EDITION. SUPERVISION SHALL BE IN ACCORDANCEWITH CURRENT BUILDING CODE, BY A QUALIFIED TESTING AGENCY DESIGNATED BY THECONSULTANT. THE CONSULTANT SHALL BE FURNISHED WITH A COPY OF ALL INSPECTIONREPORTS AND TEST RESULTS.STRUCTURAL STEEL SHALL CONFORM TO THE FOLLOWING REQUIREMENTS:YDHF. CONNECTION BOLTS E. ANCHOR BOLTS D. STRUCTURAL TUBING C. PIPE COLUMNS B. SPECIAL SHAPES AND PLATES A. PLATES, SHAPES, ANGLES, AND RODS TYPE OF MEMBERMATERIALS1.PAINTING3.2.5.4.7.A.B.C.8.A.B.C.INTERIOR PAINT SYSTEMS (IPS):6.1.2.SIGNSSTANDARD CIVIL NOTES:ALL SITE WORK SHALL BE AS INDICATED ON THE DRAWINGS AND STIPULATED IN THESPECIFICATIONS PROJECT SUMMARY.RUBBISH, STUMPS, DEBRIS, STICKS, STONES AND OTHER REFUSE SHALL BE REMOVED FROM THESITE AND DISPOSED OF LEGALLY.NO FILL OR EMBANKMENT MATERIAL SHALL BE PLACED ON FROZEN GROUND. FROZENMATERIALS, SNOW OR ICE SHALL NOT BE PLACED IN ANY FILL OR EMBANKMENT.THE SUB GRADE SHALL BE COMPACTED AND BROUGHT TO A SMOOTH UNIFORM GRADE PRIOR TOTHE CRUSHED STONE APPLICATION.ALL EXISTING ACTIVE SEWER, WATER, GAS, ELECTRIC, AND OTHER UTILITIES WHEREENCOUNTERED IN THE WORK, SHALL BE PROTECTED AT ALL TIMES, AND WHERE REQUIRED FORTHE PROPER EXECUTION OF THE WORK, SHALL BE RELOCATED AS DIRECTED BY ENGINEERS.EXTREME CAUTION SHOULD BE USED BY THE CONTRACTOR WHEN EXCAVATING OR PIERDRILLING AROUND OR NEAR UTILITIES. CONTRACTOR SHALL PROVIDE SAFETY TRAINING FOR THEWORKING CREW.ALL EXISTING INACTIVE SEWER, WATER, GAS, ELECTRIC AND OTHER UTILITIES, WHICH INTERFEREWITH THE EXECUTION OF THE WORK, SHALL BE REMOVED AND SHALL BE CAPPED, PLUGGED OROTHERWISE DISCONNECTED AT POINTS WHICH WILL NOT INTERFERE WITH THE EXECUTION OFTHE WORK, SUBJECT TO THE APPROVAL OF THE ENGINEERS.THE AREAS OF THE CUSTOMER'S PROPERTY DISTURBED BY THE WORK AND NOT COVERED BYTHE BUILDING, DRIVEWAY OR CRUSHED STONE, SHALL BE GRADED TO A UNIFORM SLOPE,FERTILIZED, SEEDED, AND COVERED WITH MULCH AS SPECIFIED IN THE SPECIFICATIONLANDSCAPE WORK.GYPSUM DRYWALL (NON-EPOXY): RADIO FACILITY (MDF) 1-2 MILS PER COAT FRAZEE PAINT -COLOR TO BE WHITE 1ST COAT: 061 AQUA SEAL 2ND COAT: 124 MIRROGLIDE S/G 3RD COAT:SEMI-GLOSS - 124 MIRROGLIDE S/GTELEPHONE BACKBOARD: FRAZEE PAINT - COLOR TO BE WHITE 1ST COAT: 367 FRAFLO V/C 2NDCOAT: FLAT FIRE PAINT #505 BY FLANECRETE (AS SPECIFIED) 3RD COAT: 124 MIRROGLIDE S/GACRYLIC SEMI-GLOSS OVERCOAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS (TINT TO MATCHWALL)PLASTER, CONCRETE, MASONRY: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TO BE WHITE1ST COAT: LATEX PRIMER SEALER - 065 ACRY PRIME 2ND COAT: SEMI-GLOSS - 124 MIRROGLIDES/G 3RD COAT: SEMI-GLOSS - 124 MIRROGLIDE S/GPLASTER, CONCRETE, MASONRY: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TO MATCHEXISTING BUILDING 1ST COAT: 061 AQUA SEAL 2ND COAT: 124 MIRROGLIDE S/G 3RD COAT:SEMI-GLOSS - 124 MIRROGLIDE S/GALUMINUM OR GALVANIZED STEEL: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR PER PLAN1ST COAT: 661 METAL PLAN 2ND COAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS 3RD COAT: 124MIRROGLIDE S/G ACRYLIC SEMI-GLOSS.FERROUS METALS; DOORS AND FRAMES: (MDF) 1-2 MILS PER COAT FRAZEE PAINT - COLOR TOMATCH EXISTING BUILDING 1ST COAT: 664 RUST STOP 2ND COAT: 124 MIRROGLIDE S/G ACRYLICSEMI-GLOSS 3RD COAT: 124 MIRROGLIDE S/G ACRYLIC SEMI-GLOSS.EXTERIOR PAINT SYSTEMS (EPS):FIRE PREVENTION: TAKE EVERY PRECAUTION AT THE END OF THE DAY TO REMOVE OILY RAGSAND COMBUSTIBLE MATERIALS FROM THE SITE OR STORE IN METAL CONTAINER WITH TIGHTCOVERS.ALL STEEL COLUMNS AND MISC. METALS SHALL BE PRIMED AND PAINTED.MATERIAL SHALL BE AS INDICATED ON PAINT SCHEDULE BELOW AND DRAWINGS.REGULATORY REQUIREMENTS: ALL MATERIALS MUST COMPLY WITH AIR POLLUTION CONTROLREGULATIONS, SUCH AS L.A. COUNTY APCD RULE 1113 AND BAY AREA PCD REG. 3.PAINTS TO BE APPLIED IN ALL WORKMANLIKE MANNER. UPON COMPLETION, REMOVE ALLMATERIALS AND DEBRIS CAUSED BY THIS CONTRACTOR, ALL HARDWARE, FLOORS, GLASS,FRAMES FIXTURES AND THE LIKE SHALL BE THOROUGHLY CLEANED OF PAINT.THE CONTRACTOR SHALL PREPARE SURFACES, FURNISH ALL PAINT, MATERIAL, LABOR ANDEQUIPMENT REQUIRED FOR THE PAINTING OF ALL SURFACES AS REQUIRED BY THE DRAWINGSAND SPECIFIED HEREIN.INSTALL EMERGENCY INFORMATION PLACARD NEAR ENTRANCE GATE OF EQUIPMENT AREA (ORMOST VISIBLE PLACE ON OUTSIDE COMPOUND WALL). PLACARD IS TO CONTAIN SITE NAME, SITENUMBER, COMPANY NAME, ADDRESS INFORMATION, AND A "800" NUMBER TO DIAL IN CASE OFEMERGENCY. PLACARD IS TO CONSIST OF HIGH CONTRAST LETTERING (WHITE BACK GROUND W/RED LETTERING) BEHIND VANDAL RESISTANT LEXAN COVER.INSTALL ADDRESS PLACARD NEAR ENTRANCE GATE OF EQUIPMENT AREA (OR FACING STREETOF ASSOCIATED ADDRESS). PLACARD IS TO CONTAIN 12" TALL HIGH CONTRAST LETTERING(WHITE BACK GROUND AND RED LETTERS) BEHIND VANDAL RESISTANT LEXAN COVER.MASONRY3"2"1 1/2"3/4"(#6 BARS ORLARGER)(#5 BARS ORSMALLER)CONCRETE PROTECTION (COVER) FOR REINFORCING STEEL SHALL BE AS FOLLOWS: FOOTINGS AND OTHER UNFORMED SURFACES, EARTH FACE FORMED SURFACES EXPOSED TO EARTH OR WEATHER SLABS AND WALLS (INTERIOR FACE)BARS SHALL BE SUPPORTED ON CHAIRS OR DOBIE BRICKS.ANCHOR BOLTS TO CONFORM TO ASTM A307.NON-SHRINK GROUT SHALL BE FURNISHED BY AN APPROVED MANUFACTURER ANDSHALL BE MIXED AND PLACED IN STRICT ACCORDANCE WITH THE MANUFACTURER'SPUBLISHED RECOMMENDATIONS. GROUT STRENGTH SHALL BE AT LEAST EQUAL TO THEMATERIAL ON WHICH IT IS PLACED (3,000 PSI MINIMUM).ALL EXPANSION ANCHORS TO BE HILTI BRAND. ADHESIVE ANCHORS REQUIRE TESTINGTO CONFIRM CAPACITY UNLESS WAIVED BY ENGINEER.<<<W/CRATIO.45.45.45MINIMUM CEMENTCONTENTPER CUBIC YARD5 1/2 SACKS6 1/2 SACKS6 1/2 SACKS28 DAY STRENGTHS(f'c)2,400 PSI4,000 PSI4,000 PSISLABS ON GRADETOPPING SLABSCONCRETE PIERSALL STRUCTURAL CONCRETEEXCEPT WALLSCONCRETE WALLSALL CONCRETE CONSTRUCTION SHALL BE IN ACCORDANCE WITH ACI-318.CONCRETE SHALL BE MIXED, PROPORTIONED, CONVEYED AND PLACED IN ACCORDANCE WITHCHAPTER 19 OF THE CURRENT BUILDING CODE. STRENGTHS AT 28 DAYS AND MIX CRITERIASHALL BE AS FOLLOWS.TYPE OF CONSTRUCTIONA.B.C.CEMENT SHALL BE ASTM C150, PORTLAND CEMENT TYPE ll U.N.O.THE GENERAL CONTRACTOR SHALL SUPERVISE AND BE RESPONSIBLE FOR THE METHODS ANDPROCEDURES OF CONCRETE PLACEMENT.ALL CONCRETE WITH SURFACES EXPOSED TO STANDING WATER SHALL BE AIR-ENTRAINED WITHAN AIR-ENTRAINING AGENT CONFORMING TO ASTM C260, C494, C618, C989 AND C1017. TOTAL AIRCONTENT SHALL BE IN ACCORDANCE WITH TABLE 1904.2.1 OF THE CURRENT BUILDING CODE.REINFORCING STEEL SHALL CONFORM TO ASTM A615 (INCLUDING SUPPLEMENT S1), GRADE 60,fy=60,000 PSI. EXCEPTIONS: ANY BARS SPECIFICALLY SO NOTED ON THE DRAWINGS SHALL BEGRADE 40, fy=40,000 PSI. GRADE 60 REINFORCING BARS INDICATED ON DRAWINGS TO BE WELDEDSHALL CONFORM TO ASTM A706. REINFORCING COMPLYING WITH ASTM A615(S1) MAY BE WELDEDONLY IF MATERIAL PROPERTY REPORTS INDICATING CONFORMANCE WITH WELDINGPROCEDURES SPECIFIED IN A.W.S. D14 ARE SUBMITTED.REINFORCING STEEL SHALL BE DETAILED (INCLUDING HOOKS AND BENDS) IN ACCORDANCE WITHAC1 315 AND 318. LAP ALL CONTINUOUS REINFORCEMENT AT LEAST 30 BAR DIAMETERS OR AMINIMUM OF 2'-0". PROVIDE CORNER BARS AT ALL WALL AND FOOTING INTERSECTIONS. LAPCORNER BARS AT LEAST 30 BAR DIAMETERS OR A MINIMUM OF 2'-0". LAP ADJACENT MATS OFWELDED WIRE FABRIC A MINIMUM OF 8" AT SIDES AND ENDS.WELDED WIRE FABRIC SHALL CONFORM TO ASTM A-185.SPIRAL REINFORCEMENT SHALL BE PLAIN WIRE CONFORMING TO ASTM A615, GRADE 60, fy=60,000PSI.NO BARS PARTIALLY EMBEDDED IN HARDENED CONCRETE SHALL BE FIELD BENT UNLESSSPECIFICALLY SO DETAILED OR APPROVED BY THE CONSULTANT.GENERAL CONCRETE NOTES:ASTM A36, Fy 36 KSIASTM A572, Fy 50 KSIASTM A53, Fy 35 KSIASTM A500, Fy 46 KSIASTM A307ASTM A325 TWIST-OFF-TYPESTRUCTURAL STEEL NOTES:GENERAL NOTES:ALL MATERIAL TO BE HOT DIPPED GALVANIZED AFTER FABRICATION PER A123/A123M-00.ALL WELDING SHALL BE IN CONFORMANCE WITH A.I.S.C. AND AWS STANDARDS AND SHALL BEPERFORMED BY W.A.B.O. CERTIFIED WELDERS USING E70 XX ELECTRODES. ONLY PREQUALIFIEDWELDS (AS DEFINED BY AWS) SHALL BE USED. WELDING OF GRADE 60 REINFORCING BARS (IFREQUIRED) SHALL BE PERFORMED USING LOW HYDROGEN ELECTRODES. WELDING OF GRADE 40REINFORCING BARS (IF REQUIRED) SHALL BE PERFORMED USING E70 XX ELECTRODES. WELDINGWITHIN 4" OF COLD BENDS IN REINFORCING STEEL IS NOT PERMITTED. SEE REINFORCING NOTEFOR MATERIAL REQUIREMENTS OF WELDED BARS.COLD-FORMED STEEL FRAMING MEMBERS SHALL BE OF THE SHAPE, SIZE, AND GAGE SHOWN ONTHE PLANS. PROVIDE MINIMUM SECTION PROPERTIES INDICATED. ALL COLD-FORMED STEELFRAMING SHALL CONFORM TO THE A.I.S.S. "SPECIFICATION FOR THE DESIGN OF COLD-FORMEDSTEEL STRUCTURAL MEMBERS."BOLTED CONNECTIONS SHALL USE BEARING TYPE ASTM A325 BOLTS (3/4" DIA.) AND SHALL HAVE AMINIMUM OF TWO BOLTS UNLESS NOTED OTHERWISE.NON-STRUCTURAL CONNECTIONS FOR STEEL GRATING MAY USE 5/8" DIA. ASTM A307 BOLTSUNLESS NOTED OTHERWISE.ALL STEEL WORK SHALL BE PAINTED IN ACCORDANCE WITH THE DESIGN & CONSTRUCTIONSPECIFICATION AND IN ACCORDANCE WITH ASTM A36 UNLESS NOTED OTHERWISE.ALL WELDS TO BE 1/4" FILLET UNLESS NOTED OTHERWISE.TOUCH UP ALL FIELD DRILLING AND WELDING WITH 2 COATS OF GALVACON (ZINC RICH PAINT) ORAPPROVED EQUAL.IN THE CASE OF ROOFTOP SOLUTIONS WITH THE INSTALLATION OF ANTENNAS WITHINCONCEALED (SHROUDED) SUPPORT FRAMES OR TRIPODS, THE GENERAL CONTRACTOR SHALLCOORDINATE WITH THE FRP DESIGNER/FABRICATOR TO ENSURE THAT THE FINAL FRP SHROUD ISSIMULATING (IN APPEARANCE) DESIGNATED EXISTING EXTERIOR BUILDING FACADE MATERIALS,TEXTURES, AND COLORS. THE CONTRACTOR SHALL FURTHERMORE ENSURE THE USE OFCOUNTERSUNK FASTENERS IN ALL FRP CONSTRUCTION. WHEN PHOTOSIMULATIONS AREPROVIDED, THE CONTRACTOR SHALL ENSURE THAT FINAL CONSTRUCTION REPRESENTS WHAT ISINDICATED IN PHOTOSIMULATION. SHOP DRAWINGS SHALL BE PROVIDED TO THE GENERALCONTRACTOR, CONSTRUCTION COORDINATOR, AND ARCHITECT PRIOR TO FABRICATION ANDCONSTRUCTION.IN THE CASE OF ROOFTOP SOLUTIONS FOR EQUIPMENT AND/OR ANTENNA FRAMES WHEREANCHORING TO A CONCRETE ROOF SLAB IS REQUIRED, CONTRACTORS SHALL CONFIRM (PRIORTO SUBMITTING BID) WITH CONSULTING CONSTRUCTION COORDINATOR AND ARCHITECT THEPRESENCE OF POST TENSION TENDONS WITHIN THE ROOF SLAB - RESULTING FROM ANUNDOCUMENTED DESIGN CHANGE IN THE EXISTING BUILDING "AS-BUILT DRAWING SET" - HAVINGINDICATED AN ORIGINAL DESIGN SOLUTION OF REINFORCED CONCRETE W/ EMBEDDED STEELREBAR. IN THE EVENT POST TENSION SLAB SOLUTION IS PRESENT, CONTRACTOR SHALL INCLUDEPROVISIONS FOR X-RAY PROCEDURES (INCLUDED IN BID) FOR ALL PENETRATION AREAS WHEREANCHORING OCCURS.GENERAL & SUB CONTRACTORS SHALL USE STAINLESS STEEL METAL LOCKING TIES FOR ALLCABLE TRAY TIE DOWNS AND ALL OTHER GENERAL TIE DOWNS (WHERE APPLICABLE). PLASTIC ZIPTIES SHALL NOT BE PERMITTED FOR USE ON WIRELESS CARRIER PROJECTS. RECOMMENDEDMANUFACTURE SHALL BE: PANDUIT CORP. METAL LOCKING TIES MODEL NO. MLT4S-CP UNDERSERIES-304 (OR EQUAL). PANDUIT PRODUCT DISTRIBUTED BY TRIARC OF TACOMA, WA.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR RED-LINING THE CONSTRUCTION PLANS TOILLUSTRATE THE AS-BUILT CONDITION OF THE SITE. FOLLOWING THE FINAL INSPECTION BYWIRELESS CARRIER, THE CONTRACTOR SHALL PROVIDE WIRELESS CARRIER WITH ONE (1) COPYOF ALL RED-LINED DRAWINGS. NOTE ALL OF THE FOLLOWING: MODIFICATIONS OF ANY SCHEDULE MODIFICATION OF ANY DIAGRAM SUBSTITUTIONS AND/OR MODEL NUMBERS OF EQUIPMENTVERIFY ALL FINAL EQUIPMENT WITH WIRELESS CARRIER REPRESENTATIVE. ALLTELEPHONE/RADIO EQUIPMENT LAYOUT, SPECIFICATIONS, PERFORMANCE INSTALLATION ANDTHEIR FINAL LOCATION ARE TO BE APPROVED BY WIRELESS CARRIER. THE CONTRACTOR SHALLBE RESPONSIBLE FOR COORDINATING HIS WORK WITH THE WORK AND CLEARANCES REQUIREDBY OTHERS RELATED TO SAID INSTALLATIONS.DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE PRECEDENCE, THIS SET OFDOCUMENTS IS INTENDED TO BE USED FOR DIAGRAMMATIC PURPOSES ONLY, UNLESS NOTEDOTHERWISE. THE GENERAL CONTRACTOR'S SCOPE OF WORK SHALL INCLUDE FURNISHING ALLMATERIALS, EQUIPMENT, LABOR, AND ANY REQUIREMENTS DEEMED NECESSARY TO COMPLETEPROJECT AS DESCRIBED IN THE DRAWINGS AND OWNER'S PROJECT MANUAL.PRIOR TO THE SUBMISSION OF BIDS, CONTRACTORS INVOLVED SHALL VISIT THE JOB SITE TOFAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING THE NEW PROJECT. CONTRACTORSSHALL VISIT THE CONSTRUCTION SITE WITH THE CONSTRUCTION/CONTRACT DOCUMENTS TOVERIFY FIELD CONDITIONS AND CONFIRM THAT THE PROJECT WILL BE ACCOMPLISHED AS SHOWN.PRIOR TO PROCEEDING WITH CONSTRUCTION, ANY ERRORS, OMISSIONS, OR DISCREPANCIESSHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT/ENGINEER VERBALLY AND INWRITING.THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN THE CONSTRUCTIONAND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF WORK. CONTRACTORS BIDDING THE JOBARE NEVERTHELESS CAUTIONED THAT MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND ORSPECIFICATIONS SHALL NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT ANDIMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THE BIDDER SHALLBEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THE ARCHITECT/ENGINEER OF ANYCONFLICTS, ERRORS, OR OMISSIONS PRIOR TO SUBMISSION OF CONTRACTOR'S PROPOSAL. INTHE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OREXTENSIVE WORK, UNLESS DIRECTED OTHERWISE.THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBED IN THE CONTRACTDOCUMENTS. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTIONMEANS, METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES FOR COORDINATING ALLPORTIONS OF THE WORK UNDER THE CONTRACT.THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS ACCORDING TOMANUFACTURER'S/VENDOR'S SPECIFICATIONS UNLESS NOTED OTHERWISE OR WHERE LOCALCODES OR ORDINANCES TAKE PRECEDENCE.ALL WORK PERFORMED ON THE PROJECT AND MATERIALS INSTALLED SHALL BE IN STRICTACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. CONTRACTORSHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS ANDLAWFUL ORDERS OF ANY PUBLIC AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS,AND LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE WORK.GENERAL CONTRACTOR SHALL PROVIDE, AT THE PROJECT SITE, A FULL SET OF CONSTRUCTIONDOCUMENTS UPDATED WITH THE LATEST REVISIONS AND ADDENDA OR CLARIFICATIONS FOR USEBY ALL PERSONNEL INVOLVED WITH THE PROJECT. THIS SET IS A VALID CONTRACT DOCUMENTONLY IF THE TITLE SHEET IS STAMPED "FOR CONSTRUCTION" AND EACH SUCCESSIVE SHEETBEARS THE ARCHITECT'S SIGNED WET STAMP.THE STRUCTURAL COMPONENTS OF ADJACENT CONSTRUCTION OR FACILITIES ARE NOT TO BEALTERED BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHERWISE.SEAL ALL PENETRATIONS THROUGH FIRE-RATED AREAS WITH U.L. LISTED OR FIRE MARSHALLAPPROVED MATERIALS IF APPLICABLE TO THIS FACILITY AND OR PROJECT SITE.CONTRACTOR TO PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN2-A OR 2-A10BC WITHIN 75 FEET TRAVEL DISTANCE TO ALL PORTIONS OF PROJECT AREA DURINGCONSTRUCTION.CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTING IMPROVEMENTS,EASEMENTS, PAVING, CURBING, ETC. DURING CONSTRUCTION. UPON COMPLETION OF WORK,CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY HAVE OCCURRED DUE TO CONSTRUCTIONON OR ABOUT THE PROPERTY.CONTRACTOR SHALL KEEP GENERAL WORK AREA CLEAN AND HAZARD FREE DURINGCONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, AND RUBBISH. CONTRACTOR SHALL REMOVEEQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY OR PREMISES. SITE SHALL BELEFT IN CLEAN CONDITION AND FREE FROM PAINT SPOTS, DUST, OR SMUDGES OF ANY NATURE.THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO PROCEED WITHCONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THECONSTRUCTION DRAWINGS/CONTRACT DOCUMENTS.THE CONTRACTOR SHALL PERFORM WORK DURING OWNER'S PREFERRED HOURS TO AVOIDDISTURBING NORMAL BUSINESS.THE CONTRACTOR SHALL PROVIDE WIRELESS CARRIER WITH. PROPER INSURANCE CERTIFICATESNAMING WIRELESS CARRIER AS ADDITIONAL INSURED, AND WIRELESS CARRIER PROOF OFLICENSE(S) AND PE & PD INSURANCE.CONTRACTOR SHALL BE RESPONSIBLE FOR SCHEDULING AND COORDINATING ALL INSPECTIONS.CAUTION! CALL BEFORE YOU DIG! BURIED UTILITIES EXIST IN THE AREA AND UTILITYINFORMATION SHOWN MAY NOT BE COMPLETE. CONTACT THE ONE-CALL UTILITY LOCATESERVICE A MINIMUM OF 48 HOURS PRIOR TO CONSTRUCTION. 1-800-332-2344.CONTRACTOR TO DOCUMENT ALL WORK PERFORMED WITH PHOTOGRAPHS AND SUBMIT TOWIRELESS CARRIER ALONG WITH REDLINED CONSTRUCTION SET.CONTRACTOR TO DOCUMENT ALL CHANGES MADE IN THE FIELD BY MARKING UP (REDLINING) THEAPPROVED CONSTRUCTION SET AND SUBMITTING THE REDLINED SET TO (COMPANY)REPRESENTATIVE UPON COMPLETION.FOR COLLOCATION SITES: CONTACT TOWER OWNER REPRESENTATIVE FOR PARTICIPATION INBID WALK.GENERAL CONTRACTOR IS TO COORDINATE ALL POWER INSTALLATION WITH POWER COMPANYAS REQUIRED. CONTRACTOR TO REPORT POWER INSTALLATION COORDINATION SOLUTION(S) TONETWORK CARRIER REPRESENTATIVE, PROJECT CONSTRUCTION MANAGER AND ARCHITECT.ANY SUBSTITUTIONS OF MATERIALS AND/OR EQUIPMENT, MUST BE APPROVED BY (COMPANY)CONSTRUCTION MANAGER.IN THE CASE OF ROOFTOP SOLUTIONS FOR EQUIPMENT AND/OR ANTENNA FRAMES WHEREPENETRATION OF EXISTING ROOFING MATERIALS OCCUR, THE GENERAL CONTRACTOR SHALLCOORDINATE WITH BUILDING OWNER AND BUILDING ROOFING CONTRACTOR OF RECORD FORINSTALLATION, PATCH, REPAIR OR ANY AUGMENTATION TO THE ROOF, AND HAVE THE WORKGUARANTEED UNDER THE ROOFING CONTRACTOR'S WARRANTY FOR MOISTURE PENETRATIONOR AND OTHER FUTURE BREACH OF ROOFING INTEGRITY.CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK, AND PROVIDE CONTINUOUSSUPERVISION WHILE ANY SUBCONTRACTORS OR WORKMEN ARE ON THE JOB SITE.CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES, AND PROCEDURES OF THE WORK UNDER THE CONTRACT.CONTRACTOR SHALL PROTECT ALL EXISTING IMPROVEMENTS AND FINISHES THAT ARE TOREMAIN. CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAY OCCUR DURING CONSTRUCTIONTO SATISFACTION OF WIRELESS CARRIER REPRESENTATIVE.CONTRACTOR SHALL KEEP THE CONSTRUCTION SITE CLEAN, HAZARD FREE AND DISPOSE OF ALLDIRT, DEBRIS DURING CONSTRUCTION. LEAVE PREMISES IN A VACUUM AND BROOM CLEANCONDITION, FREE FROM PAINT SPOTS, DUST, SMUDGES OF ANY NATURE AND IN WORKING ORDERUNTIL ACCEPTANCE BY WIRELESS CARRIER AND PROPERTY OWNER.ENTIRETY OF EXISTING FOUNDATION TO BE REMOVED, OR IN CERTAIN CASES, TOP 12" SHALLBE REMOVED & COVERED WITH 4" AB COURSE AND 8" OF NATIVE SOIL. SOIL TO BE GRADEDTO MATCH EXISTING SURROUNDING CONDITIONS.FOUNDATION REMOVALMarana Regular Council Meeting 01/16/2018Page 718 of 774 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 30' R/W(ASSESSOR)S2°13'37"E 818.82'NATURALGROUNDPARKINGLOTD/WPARKINGLOTPROPOSED TOWERCENTER OF GEODETIC COORDINATESLAT.= 32° 20' 09.010" NORTHLON.= 111° 03' 27.110" WESTELEV. @ GROUND =2220.6LEGENDGAS VALVEBOLLARD/POSTSIGNRIGHT-OF-WAY LINETELEPHONE PEDESTALBRASS CAP FLUSH (BCFL)CENTERLINEPOSITION OF GEODETIC COORDINATESDECIDUOUS TREEPOWER POLEGVTELEPHONE MANHOLETPIMA COUNTY, CITY OF TUCSON RIGHT-OF-WAYLESSOR'S LEGAL DESCRIPTION1. ELEVATIONS SHOWN HEREON ARE REPRESENTED IN NORTHAMERICAN VERTICAL DATUM OF 1988 (NAVD88) ESTABLISHED FROMGPS DERIVED ELLIPSOID HEIGHTS, APPLYING GEOID 12B SEPARATIONSCONSTRAINING TO NGS CORS STATIONS PROVIDED IN THE "ONLINEPOSITIONING USER SERVICE" (OPUS) SOLUTION FOR THIS SPECIFICSITE.2. BEARINGS SHOWED HEREON ARE BASED UPON U.S. STATE PLANENAD83 COORDINATE SYSTEM ARIZONA STATE PLANE COORDINATEZONE CENTRAL, DETERMINED BY GPS OBSERVATIONS.3. FIELD WORK FOR THIS PROJECT WAS PERFORMED ON 09/25/17.PROJECT META DATA1. A TITLE REPORT WAS NOT PROVIDED AT THE TIME OF THE SURVEY.2. SURVEYOR HAS NOT PERFORMED A SEARCH OF PUBLIC RECORDS TODETERMINE ANY DEFECT IN TITLE.3. THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORDINFORMATION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OFTHE PROPERTY.4. SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN ORTHEIR LOCATIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR ANDDEVELOPER TO CONTACT BLUE STAKE AND ANY OTHER INVOLVEDAGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION.REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITYOF THE CONTRACTOR.ROYEVRUS DNALDERETSIGER44007RYAN L.FIDLER10245architecture / E. Via Linda, Scottsdale, AZ 85258 project managementfax: 480 451 9608ph: 480 451 9609 corp@ydcoffice.come mail:SURVEYOR NOTES110/16/17PRELIMINARYSHEET NO. REVISION:REVISIONSPROJECT No.SITE NAME:SITE ADDRESS:SHEET TITLE:FIELD BY:DRAWN BY:CHECKED BY:NO.DATEDESCRIPTIONREUSE OF DOCUMENTTHE IDEAS & DESIGN INCORPORATED HEREON, AS ANINSTRUMENT OF PROFESSIONAL SERVICE, IS THEPROPERTY OF RLF CONSULTING, LLC & IS NOT TO BEUSED FOR ANY OTHER PROJECT WITHOUT WRITTENAUTHORIZATION OF RLF CONSULTING, LLC.GCGACRLF090061390PH90XSM37DN CAMINO MARTIN & W JEREMY PLTUCSON, AZ 85741TOPOGRAPHIC SURVEYLS-1NORTHTHE PROPOSED LEASE PREMISES SHOWN HEREON APPEAR TO BE WITHIN FLOODZONE "X" AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCYFIRM MAP NO. 04019C1660L DATED 06/16/11.FLOOD ZONE "X" IS DEFINED AS: AREAS DETERMINED TO BE OUTSIDE 500-YEARFLOODPLAIN; DETERMINED TO BE OUTSIDE THE 1% AND 0.2% ANNUAL CHANCEFLOODPLAINS.FLOOD ZONE DESIGNATION2955 Red Hill Ave, Suite 20010INA RDCAMINO MARTINJEREMY PL210/23/17REVISIONMarana Regular Council Meeting 01/16/2018Page 719 of 774 OHE=2221.23 2219.8 EP 2220.3 EP 2220.9 EP 2221.1 EP 2220.1 TBC 2221.2 TBC 2221.4 TBC 2220.4 NG 2219.6 NG 2219.5 CS 2219.5 CS 2220.1 CMU 2221.2 TBC 2221.1 TBC 2220.9 EP 2220.6 EP 2220.8 CS 2220.3 CMUNORTH CAMINO MARTINS2°13'37"E818.82'EXISTINGDRIVEWAY 2220.6 TBCR.O.W. LINE(ASSESSOR)NATURALGROUNDPARKINGLOTNEW 45.9' MOBILITIEGALVANIZED STEELPOLE W/ ANTENNASEXISTING 3' CMU WALL,TO REMAIN IN PLACEEXISTING 2'-6"POST, TYP.EXISTING CONCRETE CURB& GUTTER, TO REMAINUNCHANGED UNLESSOTHERWISE NOTEDEXISTING 15' TREE, TOREMAIN IN PLACEPARKINGLOTEXISTINGPAVEMENTR.O.W. LINE(ASSESSOR)NEW MOBILITIE METERPEDESTAL W/ I.L.C.NEW U.G. POWERCONDUIT ROUTECENTER OF GEODETICCOORDINATESEXISTING 45' POWER POLE,TO REMAIN IN PLACEAPN: 101-05-007DBEDROCK INA, L.L.C.USE: HEAVYINDUSTRIALAPN: 101-05-006ETOWN OF MARANAUSE: HEAVYINDUSTRIAL15'-0"C.Z.2'-0"14'-3"2'-0"30'-0" R.O.W. (ASSESSOR)30'-0" R.O.W. (ASSESSOR)OVERALL SITE PLANA-19AZB001679-DTUCSON, AZ 85741CUP1710-002SITE PLANN O R T HA-11SEE A-2 SHEET FORENLARGED PLANSSCALE: 1" = 10'-0"SCALE: 1" = 10'-0"5' 10'0 20'Marana Regular Council Meeting 01/16/2018Page 720 of 774 2219.8 EP 2220.3 EP 2220.1 TBC 2219.6 NG 2219.5 CS 2219.5 CS 2220.1 CMUNORTH CAMINO MARTIN 2220.6 TBCEXISTINGPAVEMENTNEW MOBILITIE METERPEDESTAL W/ I.L.C.NEW U.G. POWERCONDUIT ROUTENEW 45.9' GALVANIZED STEEL POLE,W/ IBR_1300 DISH MOUNTED ONREVERSE SIDE OF POLE , RRHMOUNTED FACING STREET1'-4"3'-0"14'-3"15'-0" CLEAR ZONER.O.W. LINE(ASSESSOR)CENTER OF GEODETICCOORDINATESEXISTING CONCRETE CURB& GUTTER, TO REMAINUNCHANGED UNLESSOTHERWISE NOTEDEXISTING O.H. ELECTRICALCONDUIT, PER BLUE STAKEEXISTING 2'-6"BOLLARD, TYP.EXISTING 3' CMU SCREENWALL, TO REMAIN UNCHANGEDR.O.W. LINE (ASSESSOR)EXISTING 15' TREE, TOREMAIN IN PLACEAPN: 101-05-007DBEDROCK INA, L.L.C.USE: HEAVYINDUSTRIALAPN: 101-05-006ETOWN OF MARANAUSE: HEAVYINDUSTRIAL26'-2" BETWEEN POLE & CMU WALL2'-0"2'-0"8'-10"1'-4"ENLARGED SITE PLANSITE DETAILSA-29AZB001679-DTUCSON, AZ 85741CUP1710-002ENLARGED PLANN O R T HA-21SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'Marana Regular Council Meeting 01/16/2018Page 721 of 774 P NEW GALVANIZEDSTEEL POLENEW 2" PVC STUB OUT FORPOLE ELECTRICAL WIRINGNEW 4" PVC STUB OUT FORANTENNA COAX ROUTINGEMBED FOUNDATION,PER STRUCTURALNEW CONCRETECAISSONNEW POWER CONDUITROUTED UP NEW POLENEW U.G. POWERCONDUIT ROUTE(~56' RUN)NEW OMNIANTENNA MOUNTEDTO NEW POLE15'-0" TO CENTERLINE OF RRH40'-0" TO MW DISH45'-11" OVERALL HEIGHT OF NEW POLE(1) NEW RRH UNITMOUNTED TO FACEOF NEW POLE(1) NEW IBR_1300 MW DISHMOUNTED TO REVERSESIDE OF NEW POLEEXISTINGCONCRETE CURB& GUTTER, TOREMAIN IN PLACE4'-0"NEW MOBILITIEMETER PEDESTALW/ I.L.C.EXISTING POST,TO REMAIN INPLACE, TYP.EXISTING CMUSCREEN WALL, TOREMAIN IN PLACE15"ØEMBED FOUNDATIONPER STRUCTURALPOLE DIA. TO ULTIMATELYBE DETERMINED BY ASTRUCTURAL ENGINEER45'-11" OVERALL HEIGHT OF NEW POLE(1) NEW RRH UNIT ON FACEAND (1) NEW IBR_1300 MWDISH MOUNTED TO REVERSESIDE OF NEW POLENEW GALVANIZEDSTEEL POLENEW OMNI ANTENNAMOUNTED TO NEW POLEEMBED FOUNDATION,PER STRUCTURALNEW CONCRETECAISSONEMBED FOUNDATIONPER STRUCTURALNEW POWER CONDUITROUTED UP NEW POLENEW MOBILITIECOMMERCIALPEDESTAL W/ I.L.C.4'-0"NEW 2" PVC STUB OUT FORPOLE ELECTRICAL WIRINGNEW U.G. POWERCONDUIT ROUTE(~56' RUN)NEW 4" PVC STUB OUT FORANTENNA COAX ROUTING15'-0" TO CENTERLINE OF RRHEXISTING CMUSCREEN WALL, TOREMAIN IN PLACEEXISTING POSTS, TOREMAIN IN PLACE, TYP.EXISTING CONCRETECURB & GUTTER, TOREMAIN IN PLACE15"ØPOLE DIA. TO ULTIMATELYBE DETERMINED BY ASTRUCTURAL ENGINEERELEVATIONSA-39AZB001679-DTUCSON, AZ 85741CUP1710-002NEW EAST ELEVATIONA-31SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'NEW SOUTH ELEVATIONA-32SCALE: 1/4" = 1'-0"SCALE: 1/4" = 1'-0"2' 4'08'PAINTING NOTES:METER PEDESTAL TO BE PAINTED'DESERT TAN' IN COLORPOLE MOUNTED EQUIPMENT SHALLMATCH POLE COLOR TO THEFURTHEST EXTENT POSSIBLEMarana Regular Council Meeting 01/16/2018Page 722 of 774 DETAILSA-49AZB001679-DTUCSON, AZ 85741CUP1710-002SCALE: N.T.S.SCALE: N.T.S.SCALE: N.T.S.SCALE: N.T.S.(N) FASTBACKNETWORKS(IBR_1300 - ORAPPROVED EQUAL)(N) ALPHA WIRELESS(GPS INTEGRATED) ANTENNA(AW3477-SG - OR APPROVED EQUAL)(N) BAND 41 - NOKIA MINI-MACRO,FWHR 2X20W LOW BAND / HIGHPOWER RADIO HEAD(473603A - OR APPROVED EQUAL)(N) ALPHA WIRELESS(GPS INTEGRATED) ANTENNA(AW3477-SG - OR APPROVED EQUAL)7"(N) MOUNT,ECCENTRIC POLE TOP(N) GPS ANTENNA(N) 1/2" Ø POWER CABLE RUN INSIDELIQUID-TIGHT FLEXIBLE CONDUITROUTED INSIDE THE REPLACEMENTLIGHT POLE TO THE METER PEDESTAL(N) FASTBACK NETWORKS(IBR_1300 - OR APPROVED EQUAL)(HEIGHT VARIES AND MAY NOTMATCH DIAGRAM )PLAN VIEW(N) BAND 41 - NOKIA MINI-MACRO,FWHR 2X20W LOW BAND/HIGHPOWER RADIO HEAD(473603A - OR APPROVED EQUAL)(1) (N) CAT 5E FROMRRH TO UE RELAY(2) (N) 1/2" DIA.COAX CABLES3"3"3"3"3"3"SCALE: N.T.S.MANUFACTURER: NOKIAMODEL: B41 HP(OR APPROVED EQUAL)HEIGHT: 9.7 INWIDTH: 12.9 INDEPTH: 5.7 INWEIGHT: 22 LBSFRONTSIDEBACK9.7"5.7"PLAN12.9"Marana Regular Council Meeting 01/16/2018Page 723 of 774 Cynthia L Ross, AICP Senior Planner Planning Department, Town of Marana 11555 W Civic Center Dr Marana, AZ 85653 November 23, 2017 Dear Ms. Ross, Being a property owner on N. Camino Martin, I recently received notification of a proposed Sprint Wireless project (9AZB001679-D). I support improvements to the wireless systems in the area, but I do not understand why it is to be located on the street Right-of-Way in front of 7061 N Camino Martin. This location is very close to my business monument sign and there is a possibility it will block or obscure my signage. In addition it is unsightly. You would not allow this type of tower to be installed in the Civic Center area of Marana, so why would you allow it on my street? I propose changing the 46’ tall steel pole to another location and suggest these two options: (1) Move it back farther from the street Right-of-Way where it is less visible to the general public or (2) move it to the South end of Camino Martin. Camino Martin is a dead end street and this would seem a logical place for it to be located. Please give me a call if you have any further questions. I can be reached on my home phone and you are welcome to call at any time. 520 818-0493. Sincerely, Frank Brier, Owner Northwest RV & Self Storage 7041 N Camino Martin Tucson, AZ 85741 3FDFJWFE Marana Regular Council Meeting 01/16/2018 Page 724 of 774 Conditional Use Permit Narrative / Small Cell Wireless Communication Facility Plan Conditional Use Permit case number: CUP1710-002 Mobilitie LLC – Site ID: 9AZB001679-D October 31, 2017 Updated: December 4, 2017 Subject Property: 7107 N. Camino Martin, Tucson, AZ 85741 APPLICANT Mobilitie LLC 2955 Red Hill Ave, Suite 200 Costa Mesa, CA 92626 PROPERTY OWNER Town of Marana, Right-of-Way Marana Regular Council Meeting 01/16/2018 Page 725 of 774 TABLE OF CONTENTS PAGE 1. Subject Property 1 2. Purpose of Request 1 3. Description of Proposal 1 4. Relationship to Surrounding Properties 1 5. Location and Accessibility / Circulation System 1 6. Hours of Operation 2 7. Development Phasing 2 8. Community Facilities / Public Utilities and Services 2 9. Noise, Lights, Nuisances, and other Environmental Considerations 2 10. Area Impact 2 11. Public Notice 2 Exhibit 1 – Proximity Map 3 Facility Plan 4-5 APPENDIX 1. Photo Simulations 2. Propagation Maps 3. Small Cell Plan 4. Public Notice Letter Marana Regular Council Meeting 01/16/2018 Page 726 of 774 1. SUBJECT PROPERTY - 7107 N. Camino Martin, Tucson, AZ 85741 The proposed Wireless Communications Facility, small cell is located on a new pole in the Town of Marana Right-of-Way on the west side of Camino Martin Road, 180’ North of Jeremy Road. To the North/South & East/West are industrialized business areas. 2. PURPOSE OF REQUEST The approval of this Use Permit application will provide additional wireless services as required by Sprint’s Wireless Federal Communications Commission license. This site is being proposed to fill a gap in coverage and offload capacity at overused and heavily trafficked sites nearby. Every Wireless Communication Facility has a maximum capacity data it can transmit or number of callers it can handle at a single moment in time. Due to the demand in this area, this site is being proposed. Appendix 3, Small Cell Plan 3. DESCRIPTION OF PROPOSAL This proposal consists of a steel pole having an overall height of 45’11”. The pole will include (1) omni antenna, (1) Remote Radio Head, and (1) Microwave operated by Sprint. Associated appurtenances will be pole mounted and will be operated and maintained by Mobilitie LLC to provide expanded wireless broadband internet and voice services. See site plans for specific details. This is the least obtrusive Wireless Communication Facility design option that will satisfy the objective in the area which is to provide the needed additional service capacity the public demands. The pole is proposed to blend in and match other poles similar in materials, look, and size in the immediate proximity. In addition, the Town of Marana asked for the pole material to be metal. The approximate diameter of the steel pole will be 15”, an Arizona Civil Engineer will ultimately determine the needed size of the pole. The operation of this site is subject to the terms of a standard, yet-to-be-approved Town of Marana telecom right-of-way license. If this CUP is granted, Town staff plans to prepare and present the license to Council within 30 days. 4.RELATIONSHIP TO SURROUNDING PROPERTIES The site location is in a Zone in the Town of Marana. The surrounding area zoning designations are: North: Heavy Industrial & Village Commercial – Town of Marana - General Commercial East: Heavy Industrial – Town of Marana – Business offices South: Heavy Industrial – Town of Marana – Storage Facility West: Heavy Industrial – Town of Marana - Warehouse 1 Marana Regular Council Meeting 01/16/2018 Page 727 of 774 5. LOCATION AND ACCESSIBILITY/CIRCULATION SYSTEM Ingress and egress to the wireless communication facility will be by paved roads via public right- of-way. Access will be directly off N. Camino Martin. 6. HOURS OF OPERATION The proposed site will operate 24 hours a day, 7 days a week with no personnel onsite. The site will be connected to and monitored by a central switching center. 7. DEVELOPMENT PHASING A typical site of this nature has a four to six-week construction schedule. 8. COMMUNITY FACILITIES/PUBLIC UTILITIES AND SERVICES The site is served by a single meter 100-amp service; Tucson Electric Power will provide power Necessary electrical services will be run underground in existing and proposed utility easements. The site does not require any potable water and does not generate any wastewater or solid waste. 9. NOISE, LIGHT, NUISSANCES, AND OTHER ENVIRONMENTAL CONSIDERATIONS The proposed wireless communication facility will not use any water or generate any wastewater or solid waste. The proposed facility will not generate any noxious odors, sounds, and vibrations. 10. AREA IMPACT The proposed facility’s impact on the surrounding area will be positive. The facilities location primary objective is the Local Business areas and street traffic. See Photo simulations for visual impact. Exhibit 1 – Proximity Map 11. PUBLIC NOTICE Public Notice was sent on November 17, 2017 to seven property owners within 300’ of the license area and one to Town of Marana staff. Included was an explanation of the project, a vicinity map, and two graphic representations of the project Before and After. Appendix 4, Public Notice Letter One Letter of opposition has been received to date. Applicant Responded by Phone and email to discuss project. Oppositions concerns were: 1. Obstruction of business Signage 2. Overhead utilities Applicant explained the project in detail and reassured the Citizen that all utilities would be undergrounded. And the communication facility was approximately 270’ north of the business signage which should not obstruct the Storage Facility signage. 7 da l 1 2 Marana Regular Council Meeting 01/16/2018 Page 728 of 774 Exhibit 1 - PROXIMITY MAP Proposed Site Location W. INA RD 3 15’ FROM BACK OF CURB “CLEAR ZONE” 79’ FROM COMMERCIAL BUILDING Marana Regular Council Meeting 01/16/2018 Page 729 of 774 FACILITY PLAN 1. An inventory of all existing vertical towers or structures that are equal to or higher than the height of any proposed tower within one (1) square mile of the proposed location regardless of jurisdiction. No mobilitie sites exist in the Town of Marana - APPROXIMATELY 37 WOOD AND STEEL POLES 45’ – 70’ IN SIZE. Approximately - PROPOSED SITE LOCATION - OTHER KNOWN ANTENNA TOWERS WITHIN 1 MILE PROXIMATETY - EXISTING SPRINT SITE 2. Applicants must supply a definition of the area of service needed for coverage or capacity, and a plan demonstrating the total number of sites that will be needed in the future, in addition to the current site. Included. Both small cells needed now are being brought forward. Other sites may be needed in the future based on capacity to the existing network. Different drivers create new demand on the network from new subscribers to new development in the specific area. 4 Marana Regular Council Meeting 01/16/2018 Page 730 of 774 3. Applicants must supply information showing that the proposed facility would provide the needed coverage or capacity. Included – Appendix 2 - Propagation Maps 4. A site plan showing location and dimensions of all antenna and equipment structures. Included. 5. A photo simulation of the project, showing the addition of the tower to the site, demonstrating the visual impacts of the proposed tower. Appendix 1 - Photo Simulations. Two (2) Views 6. Native Plant Salvage and Landscape Plans, in accordance with Title 17 of the Marana Land Development Code. No Native Plants will be disturbed with this project. 7. In all zones, collocation of equipment is preferred. To this end, applicants must identify, within all alternative sites, existing monopoles and lattice towers for which there are applications currently on file with the Planning Commission. If collocation on any such monopoles or lattice towers would result in less visual impact, justification must be presented why collocation is not being proposed. TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE No available Wireless Towers in the demanded area. Mobilitie worked with Tucson Electric power for many months and no solution could be found to use TEP’s existing verticality. 8. All conditional use permits for wireless communication facilities shall require approval by the Planning Commission and the Town Council. 23.04.08 Additional Requirements A. The applicant shall follow the requirements set forth in Article 10.10 of the Marana Land Development Code. Once the conditional use permit has been obtained, a Communication Facility Plan shall be prepared and submitted for Planning Commission approval that includes, but is not limited to: 1. A site plan showing location and dimensions of all antennas, towers, equipment structures and parking. Elevations and details of the application shall be provided to demonstrate the camouflaging. Site Plans, page A-3 2. Native Plant Salvage and Landscape Plans, as required. Not Applicable. 3. A photo simulation of the project, showing the proposed addition of the camouflaged antenna to the building, structure or landscape treatment. Appendix 1 Photo Simulations. 4. The applicant shall submit written documentation demonstrating that the NIER emissions from the proposed project are within the limits set by the FCC. This item will be submitted with the Right-of-Way permit as the NIER Emissions are based on factors if approved. Sprint PCS will operate within all Federal Communications Commission (FCC) guidelines. 5. It must be demonstrated that the project will have minimal visual impact. Appendix 1 Photo Simulations. 5 Marana Regular Council Meeting 01/16/2018 Page 731 of 774 APPENDIX 1. Photo Simulations 2. Propagation Maps 3. Small Cell Plan 4. Public Notice Letter Marana Regular Council Meeting 01/16/2018 Page 732 of 774 APPENDIX 1 - PHOTO SIMULATIONS Marana Regular Council Meeting 01/16/2018 Page 733 of 774 PHOTOGRAPHIC SIMULATIONPROPOSED WIRELESS COMMUNICATIONS FACILITYSITE LOCATION MAPSITE NAME: 9AZB001679-DSITE LOCATION: N. CAMINO MARTIN & W. JEREMY PL. TUCSON, AZ 85741DATE: 10/23/2017APPLICANT: MOBILITIE2955 RED HILL AVENUE, #200 COSTA MESA, CA 92626CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384The included Photograph Simulation(s) are intended as visual representations only and should not be used for construction purposes. The materials represented within the included Photograph Simulation(s) are subject to change.YOUNG DESIGN CORP. - 10245 E. VIA LINDA, STE. 211 - SCOTTSDALE, AZ 85258 - (480) 451-96091/32017 GOOGLE MAPSANTENNA SITEVIEW 1 VIEW 2 Marana Regular Council Meeting 01/16/2018Page 734 of 774 2/3EXISTING VIEW 1, looking th:9AZB001679-DPROPOSED INSTALLATION OF NEW 45’11” STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 1, looking th:PROPOSED ANTENNA AND MW DISHPROPOSED METER PEDESTALPROPOSED POLE WITHRRHMarana Regular Council Meeting 01/16/2018Page 735 of 774 3/3EXISTING VIEW 2, looking east:9AZB001679-DPROPOSED INSTALLATION OF NEW 45’11” STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 2, looking east:PROPOSED ANTENNA AND MW DISHPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 736 of 774 APPENDIX 2 - PROPAGATION MAPS Marana Regular Council Meeting 01/16/2018 Page 737 of 774 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPRIETARY & CONFIDENTIALAdditional comments below:d by complex algorithms which consider many variables including usage patterns, non-preferred user events, and data trends. Critical |Red -Areas which represent a critical level of competing data demand requiring immediate action to supplement network resources XXXXXXX Above Average |Yellow -Areas which represent contentious data demand at greater than average levels and projected toward critical levels XXXXXX Average |Green -Areas which represent average data demand growth XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX9AZB001679Site Lat: 32.335843Site Long: -111.057529Pole Height: 42 ft Proposed Small CellAREA OF INTEREST Marana Regular Council Meeting 01/16/2018Page 738 of 774 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPRIETARY & CONFIDENTIALTotal area covered: 0.30 sq micomplex algorithms which consider many variables including usage patterns, non-preferred user events, and data Total roads covered: 5.18 mi hello lol requiring immediate action to supplement network resources XXXXXXXXXXXX Above Average |Yellow Approximate population covered: 31 e hello and projected toward critical levels hello hello XXXXXXXXX Average |Green -Areas which represent Approximate households covered: 15 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX9AZB001679Site Lat: 32.335843Site Long: -111.057529Pole Height: 42 ft CoverageProposed Small CellMajor roads will require data servicesfrom the "connected cars" and "connectedemergency vehicles" in the futurePROPOSED SOLUTION Marana Regular Council Meeting 01/16/2018Page 739 of 774 APPENDIX 3 - SMALL CELL PLAN, TOWN OF MARANA Currently, only two sites are being brought forward within Town limits based on 5-25-17 Pre-Application comments regarding height or ROW Engineering issues. Four sites are needed currently to fill gaps in coverage or in high demand areas on the Sprint Network within this region of Pima County and the Town of Marana. Additional demands on the Sprint network and the growing need for more available wireless spectrum is the reason for this investment in this area of Town. Sites currently being pursued: 1. 9AZB001679 - Current Application - Camino Martin & Jeremy 2. 9AZB001687 – Ina Road & Thornydale Road (West Side of Thornydale Road) Sites currently not being pursued due and are looking for alternative locations due to not being constructible: 1. 9AZB001659 - Orange Grove Road & Thornydale 2. 9AZB001709 - Ina Road & Thornydale Road (East Side of Thornydale Road) See Visual Graphic on next page This graphic shows Sprint’s existing sites on-air surrounding this region. These smaller facilities will support the larger network sites and offload network traffic which in effect will lessen the need for more larger structures. Marana Regular Council Meeting 01/16/2018 Page 740 of 774 #*#*#*#*9AZB0017099AZB0016879AZB0016799AZB001659¯0 0.5 1MileService Layer Credits: ©OpenStreetMap (and) contributors,Marana,Arizona4 Proposed Small Cell Sites#* Proposed Small CellDensification Area!.Sprint Existing SiteExisting CoverageMOBILITE GIS | Jul. 24, 2017 This document is proprietary and confidential;In some cases, the potential sites shown on thismap are pre-engineering locations that have not been vetted for network engineering,construction, and utility resource access. Candidate location as of date created.Marana Regular Council Meeting 01/16/2018Page 741 of 774 APPENDIX 4 – PUBLIC NOTICE Marana Regular Council Meeting 01/16/2018 Page 742 of 774 November 17, 2017 RE: Notification of Sprint Wireless project 9AZB001679-D PROJECT LOCATION:In Right-of-Way in front of: 7061 N CAMINO MARTIN TUCSON, AZ 85741 Dear Resident or Interested Party, This letter is for providing information concerning the proposed application of a new Wireless Communications Facility for Sprint PCS Wireless. The proposed facility will expand and improve the Sprint PCS Network in this area of Marana & Pima County. This facility will allow for increased access to advanced wireless voice & data services. Improvements will include construction of a 46’ tall steel pole in Marana Right-of-Way. This application meets the Town of Marana Zoning Code. This project is subject to a Conditional Use Permit. The Town of Marana will send another notice regarding the Public Hearing date. Additional Materials Included: Location Map and Photo Simulations If you need more information about the proposed pole, have questions or comments before the public hearings, please contact myself or the Town Planning Department at: Adam Brixius Permitting Manager – Arizona Mobilitie 2955 Red Hill Ave, Suite 200 |Costa Mesa, CA 92626 480-528-0384 mobile Adam.Brixius@Mobilitie.com Cynthia L. Ross, AICP Senior Planner Planning Department, Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 (520)382-2651 cross@maranaaz.gov Regards, AAdam Brixius Marana Regular Council Meeting 01/16/2018 Page 743 of 774 PHOTOGRAPHIC SIMULATIONPROPOSED WIRELESS COMMUNICATIONS FACILITYSITE LOCATION MAPSITE NAME: 9AZB001679-DSITE LOCATION: N. CAMINO MARTIN & W. JEREMY PL. TUCSON, AZ 85741DATE: 10/23/2017APPLICANT: MOBILITIE2955 RED HILL AVENUE, #200 COSTA MESA, CA 92626CONTACT: ADAM BRIXIUSPHONE: (480) 528-0384The included Photograph Simulation(s) are intended as visual representations only and should not be used for construction purposes. The materials represented within the included Photograph Simulation(s) are subject to change.YOUNG DESIGN CORP. - 10245 E. VIA LINDA, STE. 211 - SCOTTSDALE, AZ 85258 - (480) 451-96091/32017 GOOGLE MAPSANTENNA SITEVIEW 1 VIEW 2 Marana Regular Council Meeting 01/16/2018Page 744 of 774 2/3EXISTING VIEW 1, looking south:9AZB001679-DPROPOSED INSTALLATION OF NEW 45’11” STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 1, looking south:PROPOSED ANTENNA AND MW DISHPROPOSED METER PEDESTALPROPOSED POLE WITHRRHMarana Regular Council Meeting 01/16/2018Page 745 of 774 3/3EXISTING VIEW 2, looking east:9AZB001679-DPROPOSED INSTALLATION OF NEW 45’11” STEEL STREET UTILITY POLE, WITH OMNI-DIRECTIONAL ANTENNA MOUNTED WITH RRH AND (1) NEW IBR_1300 MW DISH MOUNTED TO REVERSE SIDE. ADDITION OF NEW METER PEDESTAL, PAINTED DESERT TAN. PROPOSED SIMULATED VIEW 2, looking east:PROPOSED ANTENNA AND MW DISHPROPOSED POLE WITH RRHMarana Regular Council Meeting 01/16/2018Page 746 of 774 Marana Regular Council Meeting 01/16/2018 Page 747 of 774 Marana Regular Council Meeting 01/16/2018 Page 748 of 774 00055479.DOCX /1 Marana Resolution No. 2018-007 - 1 - MARANA RESOLUTION NO. 2018-007 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MARANA REGIONAL AIRPORT LEASE AGREEMENT WITH MARICOPA AIRCRAFT SERVICE, INC. FOR THE LEASE OF APPROXIMATELY TWO ACRES OF TOWN-OWNED PROPERTY AT THE MARANA REGIONAL AIRPORT LOCATED AT 11700 W. AVRA VALLEY ROAD WHEREAS Maricopa Aircraft Service, Inc. desires to lease a portion of Town-owned property at the Marana Regional Airport for commercial aeronautical uses; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into the proposed lease agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Marana Regional Airport Lease Agreement with Maricopa Aircraft Service, Inc., attached to this resolution as Exhibit A, is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 749 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 1 - MARANA REGIONAL AIRPORT LEASE AGREEMENT This LEASE AGREEMENT (this “Lease”) is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the “Town”), and MARICOPA AIRCRAFT SERVICE,INC., an Arizona corporation (the “Lessee”). The Town and Lessee are sometimes collectively referred to as the “Parties,” either one of which is sometimes individually referred to as a “Party.” RECITALS A. The Town is the owner of the Marana Regional Airport located at 11700 W. Avra Valley Road, Marana, Arizona 85653 (the “Airport”). B. Lessee desires to lease a portion of the Airport property. C. The Town is willing to lease the property to Lessee on the terms and conditions specified herein. AGREEMENT NOW,THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Lease as though fully restated here, and the mutual covenants set forth in this Lease, the Parties hereby agree as follows: Article 1. Leased Property The Town hereby leases to Lessee that certain real property at the Marana Regional Airport, consisting of approximately two acres generally located on the northwest side of the Airport on a portion of Pima County Assessor’s Parcel No. 215-04-001E (the “Property”). The Property is more particularly described in the location map and legal description, together attached to and incorporated in this Lease as Exhibit A. Article 2. Lease; Privileges; Restrictions 2.1. So long as Lessee timely pays rent and performs all other obligations under this Lease, the Town grants to Lessee exclusive use of the Property for commercial aeronau- tical uses, as those uses are defined and approved by the United States Federal Aviation Administration (“FAA”). 2.2. Subject to Lessee’s compliance with all applicable rules and regulations, as set forth in Article 22 below, and Lessee’s payment of all applicable airport fees, rates and Marana Regular Council Meeting 01/16/2018 Page 750 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 2 - charges, the Town grants to Lessee the following non-exclusive additional privileges, uses and rights: 2.2.1. The general use of all public facilities and improvements which are now or may hereafter be constructed at the Airport, including the runways, approach areas, taxiways and navigational aids. 2.2.2. The right of ingress and egress from the Property over and across designat- ed Airport property, public roadways serving the Airport, and the public parking areas, to be utilized by the Lessee, its agents, employees and invitees. 2.3. Lessee shall not use the Property, nor permit any assignee to use the Property, for any purposes other than for aeronautical uses, as defined and approved by the FAA, including the storage of aircraft or other aviation equipment (including simulators). Lessee is specifically prohibited from using the Property for storage of non-aircraft- related parts or pieces, furniture, junk, and vehicles. Lessee shall not engage in activities that interfere with the use of the Airport and facilities for airport purposes. Article 3. Term 3.1. The term of this Lease shall be for a period of two years commencing on Octo- ber 1, 2017 (the “Effective Date”) and terminating on September 30, 2019, unless sooner terminated pursuant to the provisions contained herein. 3.2. Any holding over after the expiration of the Lease term, with the consent of the Town, shall be construed to be a tenancy from month to month at two times the rents herein specified (prorated on a monthly basis). The provisions of this Lease shall apply to any such holding over period. Article 4. Rent 4.1. From the Effective Date of this Lease, Lessee’s rent shall be $0.15 per square foot per year, for a rent amount of $13.068.00 per year, which rent shall be paid without notice and free from all claims, deductions or set-offs against the Town. 4.2. Lessee shall pay one-twelfth of the annual rent due for the then current lease year, in advance, on the first day of each month. Each payment shall be delivered to the office of the Airport Director. 4.3. If Lessee fails to pay any rent in full on or before the due date, Lessee is respon- sible for a late fee in the amount of $50.00. Any amounts paid later than 15 days after the due date will also bear interest on the unpaid principal balance at the rate of 18% per annum from the due date until payment in full is made. Article 5. Utilities Lessee shall pay for all utilities used in its operations at the Airport. Marana Regular Council Meeting 01/16/2018 Page 751 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 3 - Article 6. Improvements 6.1. Lessee shall make no improvements or modifications to the Property without the prior written consent of the Town. Before commencing any improvements or modi- fications, Lessee shall submit detailed construction plans and specifications to the Town, and upon completion of any improvements or modifications, Lessee shall fur- nish to the Town two complete sets of detailed plans and specifications of the work as completed. Prior to the start of any construction of improvements or modifications to the Property, Lessee shall secure all applicable building permits and approvals from the Town. In addition, Lessee shall furnish any additional information concerning any proposed improvements or modifications which the Town may deem necessary with regard to the safety of the Property and/or compatibility with the general use of the Airport. 6.2. Lessee’s development plans, construction plans, and specifications shall comply with the airport master plan, the airport layout plan, and the airport architecture & landscape design standards as currently existing or as may be amended or adopted, all of which are hereby incorporated in this Lease. 6.3. The Town may require modifications to the Property necessary for the safety of air navigation. If any improvements or modifications to the Property made by Lessee should interfere with any FAA navigational aid, Lessee shall be responsible for remov- ing the interference at its sole cost. 6.4. All improvements and modifications made by Lessee shall be constructed in a good, workmanlike manner by licensed contractors, and in compliance with all appli- cable building codes. 6.5. Prior to the commencement of any construction on the Property, Lessee or Les- see’s Contractor shall provide the Town with payment and performance bonds in amounts equal to the full amount of the written construction contract pursuant to which such construction is to be done. The payment bond shall be solely for the protection of claimants supplying labor or materials for the required construction work, and the performance bond shall be solely for the protection of the Town, conditioned upon the faithful performance of the required construction work. Each bond shall include a provision allowing the prevailing party in a suit on such bond to recover as part of its judgment such reasonable attorney’s fees as may be fixed by the court. Each bond shall be executed by a surety company duly authorized to do business in Arizona and ac- ceptable to the Town. Each bond shall be filed with the Town immediately upon execu- tion thereof. 6.6. Prior to the commencement of any construction on the Property, Lessee shall de- liver to the Town copies of documentation that Lessee has submitted to Lessee’s lender to secure financing for the improvements. If the Town is satisfied that Lessee’s docu- mentation provides adequate security for the construction of the improvements, the Town will not require any further security from Lessee. If Lessee’s documentation is Marana Regular Council Meeting 01/16/2018 Page 752 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 4 - not satisfactory to the Town, Lessee shall deliver to the Town funds in an amount de- termined based on the Town’s reasonable estimate of the total cost to construct the improvements, plus a reasonable contingency, which funds are referred to in this Lease as the “Cash,” to be used or released only pursuant to the terms of this Lease. 6.6.1. The Town shall return the Cash to Lessee only upon Lessee’s satisfactory completion and the Town’s acceptance of the improvements, or Lessee’s tender and the Town’s acceptance of substitute assurances for completion of the improvements. 6.6.2. The Town may authorize a release of a portion of the Cash to Lessee, if the Town determines that the remaining Cash is sufficient to construct the improve- ments plus a reasonable contingency. 6.6.3. In addition to any other remedies, if Lessee defaults on its obligations un- der this Lease, the Town may at its sole discretion use the Cash to construct all or any portion of the planned improvements. The Town shall give 30 days’ notice to Lessee before initiating any action to construct the planned improvements. 6.7. Lessee shall keep the Property and all improvements thereon free of any me- chanic’s or materialmen’s liens or liens of any kind or nature for any work done, labor performed, or material furnished on or to the Property. If any lien is filed, Lessee shall, at its sole cost, cause such lien to be removed from the Property within 30 days of notice or becoming aware of the lien. 6.8. All improvements and modifications made by Lessee which become fixtures to the Property shall become the property of the Town, at no cost to the Town, upon the expiration or termination of this Lease, free of any security interest or claims of any kind from or through Lessee; provided that if Lessee is not in default of any of its obli- gations under this Lease and can remove any of its trade fixtures at its own expense without materially damaging the Property, Lessee may remove such trade fixtures at the termination or expiration of this Lease. Article 7. Acceptance; Maintenance; Repairs 7.1. Lessee warrants that it has inspected the Property and accepts possession of the Property and the improvements thereon “as is” in its present condition and subject to all limitations imposed upon the use thereof by the FAA and by ordinances of the Town, and Lessee acknowledges the suitableness and sufficiency of the Property for the uses permitted hereunder. Except as may otherwise be specifically provided for herein, the Town shall not be required to maintain or to make any improvements, repairs or restorations upon or to the Property or to any of the improvements presently located thereon. Under no circumstances shall the Town have any obligation to repair, main- tain or restore any improvements placed upon the Property by Lessee. 7.2. Lessee shall be solely responsible, at its cost, for all repairs and maintenance whatsoever on the Property and shall maintain all improvements thereon in a safe and serviceable condition and in accordance with the minimum standards for maintenance Marana Regular Council Meeting 01/16/2018 Page 753 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 5 - and operation required by applicable federal, state and local agencies, including but not limited to the United States Department of Transportation (“DOT”) and the FAA, whether such repair or maintenance is ordinary or extraordinary, structural or other- wise. Additionally, Lessee, without limiting the generality hereof, shall: 7.2.1. Keep at all times, in a clean and orderly condition and appearance, the Property, including all grounds and landscaping, all improvements thereon, and all of Lessee’s fixtures, equipment and personal property which are located on any part of the Property. Lessee shall be responsible for all janitorial services on the Property; and 7.2.2. Be responsible for the maintenance and repair of all utility services lines placed on the Property and used by Lessee exclusively; and 7.2.3. Repair any damage caused by Lessee, or its agents, employees or invitees, to the Airport caused by any hazardous materials, including oil, gasoline, grease, lubricants or other flammable liquids and substances having a corrosive or detri- mental effect on the Property or Airport. 7.3. If Lessee fails to maintain, clean, repair, replace, rebuild or repaint within a peri- od of 30 days after written notice, the Town may terminate this Lease or, at its option, enter the Property, without such entering causing or constituting a termination of this Lease or any interference with the possession of the Property, and maintain, repair, replace, rebuild or paint any part of the Property or any improvements thereon, and do all things reasonably necessary to accomplish the work required with all costs thereof payable to the Town by Lessee on demand; provided that if in the opinion of the Town, Lessee’s failure to perform any such maintenance or other work endangers the safety of the public, the employees or property of the Town or other tenants at the Airport, and the Town so states in its notice to Lessee, the Town may, in its sole discretion, elect to perform such maintenance or other work at any time after the giving of such notice, and Lessee shall pay to the Town all costs of such work on demand. If the Town, its officers, employees or agents undertake any work hereunder, Lessee hereby waives any claim for damages, consequential or otherwise, resulting therefrom except for claims for dam- ages arising from the Town’s sole negligence. The foregoing shall in no way affect or alter the primary obligations of Lessee as set forth in this Lease and shall not impose upon the Town any obligations not clearly stated in this Lease. Article 8. Additional Obligations of Lessee 8.1. Lessee shall at all times employ and designate a manager to supervise and man- age its operations hereunder and shall provide the Town with the manager’s name and contact information within 48 hours of designation by Lessee. Lessee shall employ a sufficient number of trained personnel on duty to provide for the efficient and proper compliance with its obligations under this Lease. Upon request of the Airport Director, Lessee shall provide, and its employees shall wear or carry, badges or other suitable means of identification. Marana Regular Council Meeting 01/16/2018 Page 754 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 6 - 8.2. Lessee shall conduct its operations hereunder in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, endanger or be offensive to others. 8.3. Lessee shall take all reasonable measures to reduce to a minimum vibrations tending to damage any equipment, structure or building. 8.4. Lessee shall comply with all reasonable written instructions of the Town in dis- posing of its trash and refuse and shall use a system of refuse disposal approved by the Town. 8.5. Lessee shall not do, nor permit to be done, anything which may interfere with the effectiveness or accessibility of the drainage system, sewerage system, fire protec- tion system, sprinkler system, alarm system and fire hydrants and hoses, if any, in- stalled or located on the Property. 8.6. Lessee shall take measures to ensure security in accordance with generally ac- cepted security procedures and shall employ any additional security as requested in writing by the Airport Director. All security costs are at Lessee’s expense. 8.7. Lessee shall not do, nor permit to be done, any act or thing upon the Property: 8.7.1. Which may constitute a hazardous condition so as to increase the risks at- tendant upon the operations permitted by this Lease; or 8.7.2. Which will invalidate or conflict with any fire insurance policies or regula- tions, Uniform Fire Code, N.F.P.A. Standard No. 409, or any subsequent amend- ments, for operation of aircraft, and other provisions as applicable to the Property or other contiguous premises at the Airport. 8.8. Lessee shall provide prompt written notice to the Town of any person or entity performing aircraft maintenance work, flight instruction, air taxi, aircraft charter or aircraft leasing of any sort on the Airport for commercial purposes without a valid permit from the Town. 8.9. Lessee shall not overload any floor, structure or structural member on the Prop- erty, or any paved area on the Airport, and shall repair at Lessee’s expense any floor, structure, structural member or any paved area damaged by overloading. 8.10. All possible care, caution and precaution shall be used to minimize prop or jet blast interference to aircraft operations, or to buildings, structures and roadways now located on, or which in the future may be located on, areas adjacent to the Airport. Article 9. Ingress and Egress The Town may, at any time, temporarily or permanently, close or consent to or re- quest the closing of, any roadway or taxiway at the Airport and any other way at, in or near the Property presently or hereafter used as such, so long as a reasonable means of ingress and egress remains available to Lessee. Lessee hereby releases and discharges Marana Regular Council Meeting 01/16/2018 Page 755 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 7 - the Town, its officers, employees and agents, and all other governmental authorities from all claims, demands, or causes of action which Lessee may at any time have against any of the foregoing, arising out of the closing of any roadway or other area, provided that a reasonable means of access to the Property remains available to Lessee. Lessee shall not do or permit anything to be done which will interfere with the free access and passage of others to space adjacent to the Property or to any roadways near the Property. Article 10. Assignment and Subletting Lessee shall not assign or sublease any of its interest under this Lease, nor permit any other person to occupy the Property. Article 11. Advertising Signs Lessee may install on the Property, subject to the Town’s sign code or ordinances, signs identifying its business. The number, general type, size, and location of signs must be approved in writing by the Airport Director prior to installation. Article 12. Default; Remedies by Town 12.1. The Town may terminate this Lease by giving Lessee 30 days’ written notice af- ter the happening of any of the following events: 12.1.1. The failure of Lessee to perform any of its obligations under this Lease, if Lessee fails to cure its default within the 30-day notice period, or such longer period of time as may be reasonably required to cure a matter which, due to its nature, can- not reasonably be remedied within 30 days; 12.1.2. The taking of possession for a period of ten days or more of substantially all of the personal property used on the Property belonging to Lessee by or pursuant to lawful authority of any legislative act, resolution, rule, order or decree or any act, resolution, rule, order or decree of any court or governmental board, agency, officer, receiver, trustee or liquidator; 12.1.3. The filing of any lien against the Property because of any act or omission of Lessee which is not discharged within 30 days of receipt of actual notice by Les- see. 12.1.4. Payment of rent later than 15 days after the due date four or more times within any calendar year. 12.2. The Town may place Lessee in default of this Lease by giving Lessee 30 days’ written notice of Lessee’s failure to timely pay the rent provided for in this Lease or any other charges required to be paid by Lessee pursuant to this Lease. During said 30-day notice period, Lessee shall cure said default; otherwise, the Town may elect to terminate this Lease or do any of the following: 12.2.1. Institute action(s) to enforce this Lease; Marana Regular Council Meeting 01/16/2018 Page 756 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 8 - 12.2.2. Take possession of the Property, together with improvements, fixtures, and equipment therein contained without terminating this Lease, and on behalf of Lessee relet the same or any part thereof for a term, shorter, longer, or equal to the then unexpired remainder of the Lease term. The Town may at any time after taking possession terminate this Lease by giving notice to Lessee, and sue for damages; 12.2.3. Terminate this Lease, without further notice to Lessee, re-enter the Proper- ty and recover damages, including but not limited to, all costs of repossession and reletting and brokerage commissions for services performed by or for the Town; 12.2.4. Exercise the “Remedies of Landlord” as set forth in Arizona Revised Stat- utes, Title 33; 12.2.5. Exercise any other remedy allowed by law or equity. 12.3. If Lessee at any time fails to maintain all insurance coverage required by this Lease, the Town shall have the right, upon written notice to Lessee, to immediately terminate this Lease or to secure the required insurance at Lessee’s expense. 12.4. Upon the termination of this Lease for any reason, all rights of Lessee shall terminate, including all rights of Lessee’s creditors, trustees, and assigns, and all others similarly situated as to the Property, provided that the Town has given any known creditors, trustees or assigns of Lessee notice and an opportunity to cure any default, as provided in this Article 12. 12.5. Failure by the Town to take any authorized action upon default by Lessee of any of its obligations hereunder shall not constitute a waiver of said default nor of any subsequent default by Lessee. Acceptance of rent and other fees by the Town under the terms hereof for any period after a default by Lessee of any of its obligations shall not be deemed a waiver or estoppel of the Town’s right to terminate this Lease for any subsequent failure by Lessee to comply with its obligations. Article 13. Remedies by Lessee 13.1. Lessee may exercise all rights or remedies under the law or at equity (including without limitation, terminate the Lease) if the Town fails to satisfy its obligations under this lease, by giving the Town 30 days’ written notice after the happening of any of the following events: 13.1.1. Issuance by a court of competent jurisdiction of an injunction in any way preventing or restraining Lessee’s use of any substantial portion of the Property and the remaining in force of such injunction for a period of 30 consecutive days. 13.1.2. The inability of Lessee to use any substantial portion of the Property for a period of 30 consecutive days, due to the enactment or enforcement of any law or regulation or because of fire, earthquake or similar casualty, or Acts of God or the public enemy. Marana Regular Council Meeting 01/16/2018 Page 757 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 9 - 13.1.3. The lawful assumption by the United States Government of the operation, control, or use of the Airport or any substantial part of it for military purposes in time of war or national emergency. 13.2. Lessee may also terminate this Lease upon 60 days’ written notice to the Town. Article 14. Indemnification Lessee shall defend, indemnify and hold harmless the Town and its elected or ap- pointed officials, agents, boards, commissions and employees (hereinafter referred to collectively as the “Town” in this Article) from all loss, damages or claims of whatever nature, including attorney’s fees, expert witness fees and costs of litigation, which arise out of any act or omission of Lessee or its agents, employees and invitees (hereinafter referred to collectively as “Lessee” in this Article) in connection (i) with Lessee’s opera- tions at the Airport and which result directly or indirectly in the injury to or death of any persons or the damage to or loss of any property, or (ii) arising out of the failure of Lessee to comply with any provisions of this Lease. The Town shall in all instances, except for loss, damages or claims resulting from the sole negligence of the Town, be indemnified by Lessee against all such loss, damages or claims, regardless of whether the loss, damages or claims are caused in part by the negligence, gross negligence or fault of the Town. The Town shall give Lessee prompt notice of any claim made or suit instituted which may subject Lessee to liability under this Article, and Lessee shall have the right to compromise and defend the same to the extent of its own interest, The Town shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of the Town’s selection without relieving Lessee of any obliga- tions hereunder. Lessee’s obligations hereunder shall survive any termination of this Lease or Lessee’s activities at the Airport. Article 15. Insurance 15.1. Lessee shall maintain insurance with carriers acceptable to the Town through- out the term of this Lease with the following required minimum coverages and limits: 15.1.1. Commercial general liability, including broad form contractual, personal injury, premises, completed operations, independent contractors and subcontractors, and fire legal liability, in an amount of $2,000,000 per occurrence; hangarkeeper’s li- ability if storing aircraft in the amount of $2,000,000 per occurrence or $3,000,000 per occurrence if Lessee operates the facility as a commercial hangar; chemical and envi- ronmental clean-up liability in the amount of $1,000,000 per occurrence; and aircraft flight operations liability coverage in an amount of $1,000,000 aggregate with a sub- seat limit of $100,000 if providing flight operations, sales, or schools. 15.1.2. Automobile liability insurance for all owned, non-owned or hired vehicles in an amount of not less than $2,000,000 combined single limit per occurrence. Marana Regular Council Meeting 01/16/2018 Page 758 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 10 - 15.1.3. Fire and extended casualty coverage for all improvements and fixtures on the Property in an amount of not less than the full replacement value, to the extent Lessee has an insurance interest in the Property. 15.1.4. Worker’s compensation coverage in the amounts required by law, and employer’s liability coverage in the amount of $100,000 each accident. 15.2. The insurance must also include contractual liability coverage for the obliga- tion of indemnity assumed in this Lease. 15.3. Lessee shall deliver one or more certificates of insurance evidencing coverage as described in this Article to the Town upon execution of this Lease. Lessee shall also deliver new certificates of insurance each time the policy(s) is updated. Certificates shall be delivered to the Airport Director. 15.4. The Town shall be named as an additional insured on the commercial general liability insurance policies required by section 15.1.1 above. As an additional insured, the Town shall be provided coverage for any liability arising out of operations per- formed in whole or in part by or on behalf of Lessee. Lessee shall deliver additional insured endorsement(s) along with the certificate(s) of insurance required by section 15.3 above. The additional insured endorsement form identification number shall also be included within the description box on the certificate of insurance and the applicable policy number shall be included on the endorsement. 15.5. All policies required pursuant to this Article shall be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, offic- ers, officials, and employees for any claims arising out of Lessee’s use of the Property. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this Article. 15.6. The coverage requirements specified in this Article may not be changed or modified except by written agreement signed by all Parties. 15.7. Lessee shall give the Town at least 30 calendar days’ written notice prior to a planned cancellation or reduction of any coverage required by this Article. Lessee shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this Article. Cancellation or reduction of any coverage required by this Article is grounds for termination of the Lease by the Town. 15.8. The Town may establish other insurance requirements necessary for Lessee’s operations. Insurance requirements are subject to periodic review and adjustment by the Town and such adjustment shall not require an amendment to this Lease. 15.9. If Lessee fails to satisfy the insurance requirements set forth in this Lease, the Town upon written notice to Lessee, may but is not required, to secure the required insurance at the cost and expense of Lessee or may terminate this Lease. Marana Regular Council Meeting 01/16/2018 Page 759 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 11 - 15.10. Town and Lessee agree that if destruction or damage to the improvements on the Property, or any part thereof and as often as the improvements shall be destroyed to the extent of less than 50%, the Town and Lessee shall continue this Agreement and Lessee shall cause the improvements to be reconstructed, repaired or replaced with due diligence. If any building, structure or improvements comprising the improvements is destroyed to the extent of 50% or more, the Town and Lessee shall agree as to whether or not the improvements shall be reconstructed, repaired or replaced. 15.11. If the Town and Lessee agree that the improvements will not be reconstructed, repaired or replaced, this Agreement shall be considered terminated and insurance proceeds shall be divided as follows: 15.11.1. The Town’s Improvements – All proceeds to the Town. 15.11.2. Lessee’s Improvements – Proceeds divided as follows: 15.11.2.1. Lessee’s Share – Pro-Rata share equal to the percentage determined by the time remaining from date of loss to end of Lease term to the full term of the Lease. 15.11.2.2. The Town’s Share – Pro-Rata share equal to the percentage deter- mined by the time elapsed from beginning of Lease term to date of loss to the full term of the Lease. Article 16. Quiet Enjoyment So long as Lessee shall timely pay the rent required under this Lease and perform all of its other obligations under this Lease, Lessee shall peaceably have and enjoy the exclusive use of the Property, subject to the Town’s right to inspect, and all the privileg- es granted herein for use of the Airport. Article 17. Surrender of Possession Upon the expiration or termination of this Lease, Lessee’s right to occupy the Prop- erty and exercise the privileges and rights herein granted shall cease, and it shall sur- render the same and leave the Property in good condition, normal wear and tear ex- cepted. Unless otherwise provided herein, all trade fixtures, equipment, and other personal property installed or placed by Lessee on the Property shall remain the prop- erty of Lessee, and Lessee shall have the right at any time during the term of this Lease, and for an additional period of ten days after its expiration, to remove the same from the Property; provided that Lessee is not in default of any of its obligations hereunder and that Lessee shall repair, at its sole cost, any damage caused by such removal. Any property not removed by Lessee within said ten-day period shall become a part of the Property, and ownership thereto shall vest in the Town. Marana Regular Council Meeting 01/16/2018 Page 760 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 12 - Article 18. Notice All notices required or permitted to be given under this Lease may be personally de- livered or mailed by certified mail, return receipt requested, postage prepaid, to the following addresses: TO THE TOWN: Marana Regional Airport Attention: Airport Director 11700 W. Avra Valley Road Marana, AZ 85653 With a copy to:Marana Town Attorney 11555 W. Civic Center Drive Marana, AZ 85653 TO LESSEE: Maricopa Aircraft Service, Inc. Attention: President 1662 N. Painted Hills Tucson, AZ 85745 Article 19. Severability Should any provision of this Lease be declared invalid by a court of competent ju- risdiction, the remaining terms shall remain effective, provided that elimination of the invalid provision does not materially prejudice either Party with regard to its respective rights and obligations. Article 20. Taxes and Licenses 20.1. Lessee shall pay any leasehold tax, possessory interest tax, sales tax, personal property tax, transaction privilege tax or other exaction assessed or assessable as a re- sult of its occupancy of the Property or conduct of business at the Airport under author- ity of this Lease, including any such tax assessable on the Town. In the event that laws or judicial decisions result in the imposition of a real property tax on the interest of the Town, such tax shall also be paid by Lessee for the period this Lease is in effect. 20.2. Lessee acknowledges that it may be a “prime lessee,” as defined in A.R.S. Sec- tion 42-6201, and that it may be subject to excise tax liability under this Lease pursuant to A.R.S., Title 42, Chapter 6 as a prime lessee of a government property improvement. Lessee further acknowledges that any failure by Lessee to pay taxes due under A.R.S., Title 42, Chapter 6 after notice and an opportunity to cure shall constitute a default that could result in divesting Lessee of any interest in or right to occupancy of the Property. 20.3. Lessee shall, at its own cost, obtain and maintain in full force and effect during the term of this Lease all licenses and permits required for its business purposes. Marana Regular Council Meeting 01/16/2018 Page 761 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 13 - Article 21. Litigation This Lease shall be governed by the laws of the State of Arizona and venue for any legal proceedings shall be in the Superior Court for the County of Pima, Arizona. In the event of any litigation or arbitration between the Town and Lessee arising under this Lease, the successful Party shall be entitled to recover its attorney’s fees, expert witness fees and other costs incurred in connection with such litigation or arbitration. Article 22. Rules and Regulations Lessee shall at all times comply with all federal, state or local government agree- ments, laws, ordinances, rules, regulations, and grant assurances applicable to the Air- port, and with the orders of any and all governmental authorities and agencies concern- ing the Airport or the Property or the use thereof, including, without limitation, order of the DOT, FAA, the United States Department of Homeland Security (“DHS”) and the United States Environmental Protection Agency (“EPA”) (collectively “Laws, Rules and Regulations”) which are applicable to its operations, the Property (including the Ameri- cans with Disabilities Act), or the operation, management, maintenance or administra- tion of the Airport, including all Laws, Rules and Regulations adopted after the Effec- tive Date of this Lease. Lessee shall display to the Town, upon request, any permits, licenses, or other evidence of compliance with such laws. All rules and regulations and minimum operating standards for the Airport, as currently existing or as may be amended or adopted, are hereby incorporated in this Lease. Article 23. Right of Entry Reserved; Right to Inspect 23.1. The Town shall have the right at all reasonable times to enter upon the Proper- ty for any lawful purpose, provided such action does not unreasonably interfere with Lessee’s use, occupancy or security of the Property. 23.2. The Town may enter and inspect the Property and any improvements to the Property at any time for the purpose of ensuring Lessee’s compliance with its obliga- tions under this Lease. 23.3. Without limiting the generality of the foregoing, the Town and any furnisher of utilities and other services shall have the right, at its own cost, whether for its own benefit or for the benefit of others at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Property at all reasona- ble times to make such repairs, replacements or alterations thereto which may, in the opinion of the Town, be deemed necessary or advisable and from time to time to con- struct or install over, in or under the Property such systems or parts thereof and, in connection with such maintenance, use the Property for access to other parts of the Airport otherwise not conveniently accessible; provided that in the exercise of such right of access, repair, alteration or new construction, the Town shall not unreasonably interfere with the actual use and occupancy of the Property by Lessee. Marana Regular Council Meeting 01/16/2018 Page 762 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 14 - 23.4. If any personal property of Lessee shall obstruct the access of the Town or any utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the Town or utility company, in order that access may be had to the system for inspection, maintenance or repair. If Lessee fails to move such property after direction from the Town or utility company to do so, the Town or the utility company may move it, and Lessee shall pay the cost of such moving upon demand, and Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the Town’s sole negligence. 23.5. Exercise of any or all of the foregoing rights by the Town or others pursuant to the Town’s rights shall not constitute an eviction of Lessee, nor be made the grounds for any abatement of rent or any claim for damages. Article 24. Security Plan Town reserves the right to implement an Airport Security Plan in a form acceptable to the FAA limiting access of persons, vehicles and aircraft in and around the airside and landside of the airport and to modify that plan from time to time as it deems neces- sary to accomplish its purposes. Lessee shall at all times comply with the Security Plan. Article 25. FAA Required Provisions 25.1. Lessee for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a cove- nant running with the land that, in the event facilities are constructed, maintained or otherwise operated on the Property for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or bene- fits, maintain and operate such facilities and services in compliance with all other re- quirements imposed pursuant to Title 49, Code of Federal Regulations (“CFR”), DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and any amendments thereto. 25.2. Lessee for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a cove- nant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of the Property; (2) in the construction of any improvements on, over or under the Property and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participa- tion in, denied the benefits of or otherwise be subject to discrimination; and (3) Lessee shall use the Property in compliance with all other requirements imposed by or pursu- ant to Title 49, CFR, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination Marana Regular Council Meeting 01/16/2018 Page 763 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 15 - in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and any amendments thereto. 25.3. In the event of breach of any of the above nondiscrimination covenants, the Town may terminate this Lease and reenter and repossess the Property and hold the Property as if this Lease had never been made or issued. This provision does not be- come effective until the procedures of 49 CFR Part 21 are followed and completed in- cluding expiration of appeal rights. 25.4. Lessee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or device; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. 25.5. Noncompliance with section 25.4 above constitutes a material breach of this Lease and in the event of noncompliance, the Town may terminate this Lease without liability, or, at the election of the Town or the United States, either may judicially en- force section 25.4. 25.6. Lessee shall insert the above five provisions, and any others required that may be required by the FAA or other governmental entity, in any sublease or other docu- ment by which Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Property. 25.7. Lessee shall undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee agrees that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any pro- gram or activity covered by this section. Lessee shall require its covered suborganiza- tions to provide assurances to Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR 152, Subpart E. to the same effect. 25.8. The Town reserves the right to further develop, improve, or otherwise change the Airport as it sees fit, regardless of the desires or view of Lessee, and Lessee shall not interfere with, or hinder, the Town in this regard. 25.9. The Town reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. 25.10. This Lease shall be subordinate to the provisions and requirements of any ex- isting or future agreement between the Town and the United States relative to the de- velopment, operation or maintenance of the Airport. Lessee shall do nothing in its Marana Regular Council Meeting 01/16/2018 Page 764 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 16 - performance of its obligations under the Lease that would cause any noncompliance with such obligations of the sponsor. The Parties agree that, to the extent any provi- sions of the Lease are in noncompliance with such obligations, the Parties shall take any necessary corrective action in order to bring the Lease into compliance with such obliga- tions. 25.11. There is hereby reserved to the Town, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Proper- ty. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said air- space or landing at, taking off from or operation on the Airport. 25.12. Lessee shall comply with the notification and review requirements covered in Federal Aviation Regulations (“FAR”) Part 77 in the event future construction of a building is planned for the Property, or in the event of any planned modification or alteration of any present or future building or structure situated on the Property. 25.13. Lessee shall not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the Property that exceeds the mean sea level elevations contained in FAR Part 77 or amendments thereto, or interferes with the runway and/or taxiway “line of sight” of the control tower. If these covenants are breached, the Town reserves the right to enter upon the Property and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of Lessee. 25.14. Lessee shall not make use of the Property in any manner which might inter- fere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. If this covenant is breached, the Town reserves the right to enter upon the Property and cause the abatement of such interference at the expense of Lessee. 25.15. Lessee specifically understands and agrees that nothing contained in the Lease shall be construed as granting or authorizing the granting of an exclusive right within the meaning of 49 U.S.C. § 40103(e) and § 47107(a)(4). Article 26. Environmental Laws Lessee, at its own expense, shall ensure that Lessee and Lessee’s agents, employees, contractors, and invitees comply with all present and hereafter enacted Environmental Laws, and any amendments thereto, affecting operations on the Property. "Environ- mental Laws" means any and all laws, rules, regulations, regulatory agency guidance and policies, ordinances, applicable court decisions, and airport guidance documents, directives, policies (whether enacted by any local, state or federal governmental author- ity) now in effect or hereafter enacted that deal with the regulation or protection of the environment (including the ambient air, ground water, surface water, waste handling and disposal, and land use, including sub-strata land), or with the generation, storage, disposal or use of chemicals or substances that could be detrimental to human health, the workplace, the public welfare, or the environment. Marana Regular Council Meeting 01/16/2018 Page 765 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 17 - Article 27. Survival of Lessee’s Obligations If this Lease is terminated by the Town in accordance with the provisions herein or if the Town reenters or resumes possession of the Property as provided herein, all of Les- see’s obligations under this Lease shall survive such termination, re-entry or resump- tion of possession and shall remain in full force and effect for the full term of this Lease, and the amounts of damages or deficiencies shall become due and payable to the Town to the same extent, at the same times, and in the same manner as if no termination, re- entry or resumption of possession had taken place. The Town may, at its option and at any time, sue to recover the full deficiency for the entire unexpired term of this Lease. The amount of damages for the period of time subsequent to termination (or re-entry or resumption of possession) shall include all expenses incurred by the Town in connec- tion with regaining possession, restoring the Property, acquiring a new lease for the Property, putting the Property in order, maintenance and brokerage fees. Article 28. Remedies to be Nonexclusive All remedies provided in this Lease shall be deemed cumulative and additional, not in lieu of or exclusive of, each other, or of any other remedy available to the Town or Lessee at law or in equity, and the exercise of any remedy, or the existence herein of other remedies, shall not prevent the exercise of any other remedy. Article 29. Time is of the Essence Time is of the essence with regard to the performance of all of the Parties’ obliga- tions under this Lease. Article 30. Recording This Lease shall not be recorded. However, Lessor agrees to execute and deliver to Lessee a Memorandum of Lease in the form attached to and incorporated by this refer- ence in this Agreement as Exhibit B and acknowledges Lessee’s right at Lessee’s sole option and cost to record the Memorandum of Lease in the office of the Pima County Recorder. Article 31. Miscellaneous This Lease constitutes the entire agreement between the Parties concerning the mat- ters contained herein and supersedes all prior negotiations, understandings and agree- ments between the Parties concerning such matters. This Lease shall be interpreted, applied and enforced according to the fair meaning of its terms and shall not be con- strued strictly in favor of or against either Party, regardless of which Party may have drafted any of its provisions. No provision of this Lease may be waived or modified except by a writing signed by the Party against whom such waiver or modification is sought to be enforced. The terms of this Lease shall be binding upon and inure to the benefit of the Parties’ successors and assigns. Marana Regular Council Meeting 01/16/2018 Page 766 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 18 - IN WITNESS WHEREOF, the Parties have executed this Lease as of the last date set forth below their respective signatures. The“TOWN”: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The “LESSEE”: MARICOPA AIRCRAFT SERVICE,INC.,an Arizona corporation By: William A. Dempsay, President Date: By: Wendy A. Dempsay, Vice President/ Secretary Date: STATE OF ARIZONA )ss.County of Pima ) The foregoing instrument was acknowledged before me on by William A. Dempsay, the President of MARICOPA AIRCRAFT SERVICE,INC., an Arizona corporation, on behalf of the corporation. (Seal) Notary Public STATE OF )ss.County of ) The foregoing instrument was acknowledged before me on by Wendy A. Dempsay, the Vice President/Secretary of MARICOPA AIRCRAFT SERVICE,INC., an Arizona corporation, on behalf of the corporation. (Seal) Notary Public Marana Regular Council Meeting 01/16/2018 Page 767 of 774 Exhibit A to Marana Resolution No. 2018-007 00054655.DOCX /1 10/24/17 MARANA REGIONAL AIRPORT LEASE AGREEMENT:MARICOPA AIRCRAFT SERVICE,INC. - 19 - LIST OF EXHIBITS Exhibit A: Legal Description of Property Exhibit B: Form of Memorandum of Lease Marana Regular Council Meeting 01/16/2018 Page 768 of 774 Marana Regular Council Meeting 01/16/2018 Page 769 of 774 Marana Regular Council Meeting 01/16/2018 Page 770 of 774 Marana Regular Council Meeting 01/16/2018 Page 771 of 774 Marana Regular Council Meeting 01/16/2018 Page 772 of 774 00055528.DOCX /1 Marana Resolution No. 2018-008 -1 - MARANA RESOLUTION NO. 2018-008 RELATING TO INTERGOVERNMENTAL RELATIONS; ADOPTING A 2018 TOWN OF MARANA LEGISLATIVE PROGRAM AND AUTHORIZING AND DIRECTING THOSE AUTHORIZED TO LOBBY ON BEHALF OF THE TOWN OF MARANA TO REPRESENT AND PURSUE IT BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Those persons authorized by the Town of Marana to lobby on its behalf and registered as such with the Secretary of the State of Arizona pursuant to Arizona Revised Statutes § 41-1231 et seq. (the "Town Lobbyists") are hereby authorized and directed, subject to the continuing supervision of the Town Manager and the Town Council, to represent and pursue the legislative, executive and intergovernmental interests of the Town of Marana by supporting legislation that embodies any of the following basic principles: A. Protects state-shared revenues that fund essential services and strengthen local economies. B. Maintains local control while seeking partnership between municipalities and the State. C. Empowers the Town of Marana with sufficient flexibility to address an expanding and changing variety of local needs and conditions. D. Establishes appropriate means to adequately compensate the Town for the costs of complying with state-mandated requirements. E. Provides the Town with the means to cope with unfunded mandates, cost increases, population growth and escalating service requirements. F. Enables the Town to provide public services in a more responsive, efficient and cost-effective manner. G. Ensures that the Town has the ability to provide, manage or operate critical infrastructure necessary to promote or maintain the health and safety of residents, preserve and direct land use and ensure the future sustainability of the community. SECTION 2. In addition to those basic principles set forth in Section 1 of this resolution, the Town Lobbyists are authorized and directed to pursue the following specific objectives: A. Support the maintenance and/or restoration of existing sources of transportation funding for municipalities, including the Highway User Revenue Fund (HURF) and Local Transportation Assistance Fund (LTAF) I and II. Marana Regular Council Meeting 01/16/2018 Page 773 of 774 00055528.DOCX /1 Marana Resolution No. 2018-008 -2 - B. Support the maintenance, restoration and/or expansion of existing economic development programs and funding and the creation of new programs and tools to support local economic development. C. Support efforts to preserve access to water for municipal governments, including continuation of statutory responsibility to develop and manage water resources in order to provide existing and future residents with appropriate levels of service. D. Support legislation that simplifies Arizona's tax codes while protecting the Town's state-shared revenue allocations, contracting sales tax and other tax revenue sources. E. Support efforts that develop mutually beneficial solutions to state land use issues, including expedited land acquisition processes and timely resolutions to issues regarding protected land. SECTION 3. Legislation that is inconsistent with any of the basic principles or objectives set forth in Sections 1 and 2 above should be opposed or appropriate amendments pursued. SECTION 4. 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 and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of January, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 01/16/2018 Page 774 of 774