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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 10-16-2018MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 16, 2018, 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 John Officer, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 16, 2018, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all electronic devices. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 10/16/2018 Page 1 of 146 All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.   REGULAR COUNCIL MEETING             CALL TO ORDER AND ROLL CALL   PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE   APPROVAL OF AGENDA   CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.   PROCLAMATIONS   P1 Proclaiming November as National Hospice and Palliative Care Month (Hilary H. Hiser) Marana Regular Council Meeting 10/16/2018 Page 2 of 146   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   P1 Relating to Animal Services; First year in review of the new Animal Services Division (Lisa Shafer)   P2 Presentation: Relating to Public Works; presentation and discussion regarding significant storm events in the 2018 Monsoon Season and required expenditures to address damage to Town streets and rights-of-way (Mo El-Ali)   CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.   C1 Resolution No. 2018-095: Relating to Utilities; approving and authorizing the Mayor to sign a one-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec)   C2 Resolution No. 2018-096:  Relating to Development; approving a preliminary plat for Rancho Marana 154 Block 3 Lots 1-128 and Common Areas "A" through "N" at the northeast corner of Tangerine Farms Road and Clark Farms Blvd. (Steven E. Vasquez)   C3 Resolution No. 2018-097; Relating to Development; approving a final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space), located at the northeast corner of Twin Peaks Road and Oasis Road (Cynthia Ross)   C4 Ordinance No. 2018.018: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to eliminate stage rental fees; and declaring an emergency (Jane Fairall)   C5 Resolution No. 2018-098: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VI subdivision and accepting public improvements for maintenance (Keith Brann)   C6 Resolution No. 2018-099:  Relating to Community Development; approving and Marana Regular Council Meeting 10/16/2018 Page 3 of 146 C6 Resolution No. 2018-099:  Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2018-2019 Community Development Block Grant Program (Lisa Shafer)   C7 Approve Study Session Meeting Minutes from September 25, 2018 and approve Regular Council Meeting Minutes from October 2, 2018 (Hilary H. Hiser)   LIQUOR LICENSES   L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a series #4 wholesaler liquor license application submitted by Michael Donald Hurley on behalf of Borderland Spirits LLC, located at 5650 W. Coca Cola Pl., Marana, AZ 85743 (Hilary H. Hiser)   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2018.019: Relating to Development; amending Marana Town Code Title 17 (Land Development Code) section 17-6-4 (height of buildings and structures) to delete existing language generally requiring building setbacks to be equal to or greater than the building height and to add language allowing additional height for ornamental elements of buildings and structures; and establishing an effective date (Ryan Fagan)   A2 Ordinance No. 2018.020: Relating to Transaction Privilege Tax; amending the Town Tax Code by decreasing the tax rate on certain activities by one-half cent; amending Sections 8-460 (Retail sales; measure of tax; burden of proof; exclusions) and 8-610 (Use tax:  imposition of tax; presumption)  of the Town Tax Code by repealing Local Option V of the Model City Tax Code which established a two-tiered tax structure for certain sales/purchases; and designating an effective date (Starla Anderson)   A3 Resolution No. 2018-100: Relating to Development; approving and authorizing the Mayor to sign the Third Amendment to the Gladden Farms II Development Agreement (Frank Cassidy)   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)      EXECUTIVE SESSIONS Marana Regular Council Meeting 10/16/2018 Page 4 of 146 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     Marana Regular Council Meeting 10/16/2018 Page 5 of 146      Council-Regular Meeting   P1        Meeting Date:10/16/2018   Submitted For:Hilary H. Hiser, Interim Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:October 16, 2018 Subject:Proclaiming November as National Hospice and Palliative Care Month (Hilary H. Hiser) Attachments Proclamation - National Hospice and Palliative Care Month Marana Regular Council Meeting 10/16/2018 Page 6 of 146 Marana Regular Council Meeting 10/16/2018 Page 7 of 146      Council-Regular Meeting   P1        Meeting Date:10/16/2018   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Relating to Animal Services; First year in review of the new Animal Services Division (Lisa Shafer) Discussion: The Town of Marana began its new Animal Services Division on July 1, 2017.  Marana Animal Services has been created to provide Town residents with animal control services, dog licensing and community programs and education.  At tonight's meeting, staff will provide the Town Council with a year-end review of the first year of service. Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Attachments Animal Services Year End Update Marana Regular Council Meeting 10/16/2018 Page 8 of 146 Marana Regular Council Meeting 10/16/2018 Page 9 of 146 FIRST YEAR STATISTICS •345 Stray Dogs and Cats in Marana •133 Strays were taken directly back to their owners •130 Strays were taken to Humane Society by Animal Control Officers •82 Strays taken to Humane Society by residents •38 Strays were returned to their owners by Humane Society •Our ACO’s have a better than 50% return to owner rate w/o going to HSSA •Overall, the return to owner rate for all the Marana strays was 49.6% •Issued over 4,400 Marana Dog Licenses •387 Pets participated in our seven animal program events Marana Regular Council Meeting 10/16/2018 Page 10 of 146 CURRENT BUDGET Animal Services FY18 Adopted Budget •Expenditures-$229,364 •Licensing Revenue-$85,000 •Donations-$5,000 Ending FY18 Actual Budget- •Expenditures-$228,494 •Licensing Revenue-$95,779 •Donations-$3,395 FY17 over FY18-PACC Contract vs. Marana Animal Services (MAS) •Expenditures were down $9,635 (4%) •Revenues were up $12,069 (14%) Marana Regular Council Meeting 10/16/2018 Page 11 of 146 Questions and Discussion Marana Regular Council Meeting 10/16/2018 Page 12 of 146      Council-Regular Meeting   P2        Meeting Date:10/16/2018   To:Mayor and Council Submitted For:Mo El-Ali, Public Works Director From:Fausto Burruel, Public Works Deputy Director Date:October 16, 2018 Strategic Plan Focus Area: Commerce,  Not Applicable Strategic Plan Focus Area Additional Info: The Commerce Focus Area, Principle Statement 2, Initiative 13 states, "Invest Town resources to ensure travel ways, public spaces, parks, public facilities, and other community spaces are clean, maintained, and showcase Marana's high standard of excellence."  Subject:Presentation: Relating to Public Works; presentation and discussion regarding significant storm events in the 2018 Monsoon Season and required expenditures to address damage to Town streets and rights-of-way (Mo El-Ali) Discussion: The purpose of tonight's presentation is to provide an update on this year's monsoon season; discuss the significant storm events and the subsequent efforts required to clean, repair, and return the streets and rights-of-way to Town of Marana standards. The need for supplemental contractor support and required expenditures will also be presented. Staff Recommendation: Presentation only. Suggested Motion: None. Marana Regular Council Meeting 10/16/2018 Page 13 of 146 Attachments No file(s) attached. Marana Regular Council Meeting 10/16/2018 Page 14 of 146    Council-Regular Meeting   C1        Meeting Date:10/16/2018   To:Mayor and Council Submitted For:John Kmiec, Water Director From:Scott Schladweiler, Deputy Water Director Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Strategic Plan Focus Area Additional Info:   Subject:Resolution No. 2018-095: Relating to Utilities; approving and authorizing the Mayor to sign a one-year extension of the intergovernmental agreement between the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services (John Kmiec) Discussion: The Town of Marana and Pima County entered into an intergovernmental agreement effective December 1, 2014, for provision of water consumption data and sewer user account billing services which, with previously-adopted one-year extensions, terminates on November 30, 2018.  This is the third of four potential one-year extensions of the intergovernmental agreement between the Town of Marana and Pima County approved by Resolution No. 2014-116. This amendment extends the term of the agreement to November 30, 2019. Financial Impact: Fiscal Year:FY19 Budgeted Y/N: Yes Marana Regular Council Meeting 10/16/2018 Page 15 of 146 Amount:Not to exceed $55,000 The Town will be reimbursed $1.27 per month/per account up to the established cap of $55,000. Current customer accounts are 2,778 and projected growth is 300 accounts per year. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-095, approving and authorizing the Mayor to execute a one-year extension of the sewer billing IGA amendment as presented. Suggested Motion: I move to adopt Resolution No. 2018-095, approving a one-year extension of the sewer billing IGA amendment as presented. Attachments Resolution No. 2018-095 Sewer Billing IGA Extension Marana Regular Council Meeting 10/16/2018 Page 16 of 146 MARANA RESOLUTION NO. 201 8-095 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR T O SIGN A ONE-YEAR EXTENSION OF THE INTERGOVERNME NTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF WATER CONSUMPTION DATA AND SEWER USER ACCOUNT BILLING SERVICES WHEREAS Pima County operate s and maintains a public sanitary sewerage sys- tem and is the designated public sewer system provider for the eastern and southern portions of the Town of Marana ; and WHEREAS the Town of Marana is the potable water provider for a portion of the area that receives sewer service from Pima County; and WHEREAS the Town and Pima County entered into an intergovernmental agreement effective December 1, 2014, for provision of water consumption data and sewer user account billing services which, with previously -adopted one -year exten- sions, terminates on November 30, 2018; and WHEREAS the Town and Pima County desire to extend the intergovernmental agreement again for one year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The one -year extension of the intergovernmental agreement be- tween the Town of Marana and Pima County for provision of water consumption data and sewer user account billing services set forth in the agenda materials accompanying this resolution is hereby approved, and the Mayor is hereb y authorized to sign it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, ob- ligations, and objectives of the intergovernmental agreement, as amended. Marana Regular Council Meeting 10/16/2018 Page 17 of 146 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 18 of 146 PIMA COUNTY REGIONAL WASTEWATER RECLAMATION DEPARTMENT PROJECT: Sewer Billing and Collection Services CONTRACTOR: Town of Marana CONTRACT NO.: CT-WW-15*195 CONTRACT AMENDMENT NO.: Three (3) ORIG. CONTRACT TERM: 12/01/2014 - 11/30/2016 ORIG. CONTRACT AMOUNT: $110,000.00 TERMINATION DATE PRIOR AMENDMENT: 11/30/2018 PRIOR AMENDMENTS: $110,000.00 TERMINATION THIS AMENDMENT: 11/30/2019 AMOUNT THIS AMENDMENT: $ 55,000.00 REVISED CONTRACT AMOUNT: $275,000.00 INTERGOVERNMENTAL AGREEMENT AMENDMENT WHEREAS, COUNTY and TOWN entered into an Intergovernmental Agreement (IGA) for services as referenced above; and WHEREAS, TOWN and COUNTY, pursuant to Article 4 - Term, have agreed to extend the IGA term for the third of four one-year renewal periods; and WHEREAS, TOWN and COUNTY have agreed to change the payment of charges for billing and collection services from an offset basis to a monthly invoice/payment basis: and WHEREAS, TOWN and COUNTY have agreed to increase the total contract amount to allow payment for the continued provision of sewer billing and collection services during the extended term of the contract. NOW, THEREFORE, it is agreed as follows: CHANGE: ARTICLE 4 – Term. From: “... will terminate on November 30, 2018....” To: “... will terminate on November 30, 2019....” CHANGE: ARTICLE 3 – Financing. From: a. For the services described in Exhibit A (Scope), County agrees to pay Town a monthly administrative billing fee of $1.27 per month, per account from December 1, 2017 through November 30, 2018. Such fees will reimburse Town for the cost of billing and collection services based on the current number of 2,778 accounts and the projected growth of 300 accounts per year. Total payment to Town under this IGA will not exceed $55,000 annually. Town will invoice County, on a monthly basis, for the billing and collection services rendered. Each invoice will include detailed documentation supporting the requested payment. Payment requests will assign all costs to items identified and authorized by this IGA. County will pay Town within 30 days for the services invoiced pursuant to this IGA. County may challenge any invoice or may request additional supporting data provided, however, such challenge or data request will not delay County’s payment. Marana Regular Council Meeting 10/16/2018 Page 19 of 146 To: a. For the services described in Exhibit A (Scope), County agrees to pay Town a monthly administrative billing fee of $1.27 per month, per account from December 1, 2018 through November 30, 2019. Such fees will reimburse Town for the cost of billing and collection services based on the current number of 2,818 accounts and the projected growth of 300 accounts per year. Total payment to Town under this IGA will not exceed $55,000 annually. Town will invoice County, on a monthly basis, for the billing and collection services rendered. Each invoice will include detailed documentation supporting the requested payment. Payment requests will assign all costs to items identified and authorized by this IGA. County will pay Town within 30 days for the services invoiced pursuant to this IGA. County may challenge any invoice or may request additional supporting data provided, however, such challenge or data request will not delay County’s payment. The effective date of this Amendment is December 1, 2018. All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. FOR PIMA COUNTY: _________________________________ Chair, Board of Supervisors ATTEST: _________________________________ Clerk of the Board Date: ____________________________ APPROVED AS TO CONTENT: _________________________________ Director, Pima County RWRD _________________________________ Director, Pima County Finance FOR TOWN OF MARANA: ________________________________ Mayor ATTEST: ________________________________ Town Clerk Date: ___________________________ Marana Regular Council Meeting 10/16/2018 Page 20 of 146 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, each of whom has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party he or she represents. PIMA COUNTY: __________________________________ Deputy County Attorney TOWN OF MARANA: _____________________________________ Town Attorney Marana Regular Council Meeting 10/16/2018 Page 21 of 146      Council-Regular Meeting   C2        Meeting Date:10/16/2018   To:Mayor and Council From:Steven Vasquez, Senior Planner Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-096:  Relating to Development; approving a preliminary plat for Rancho Marana 154 Block 3 Lots 1-128 and Common Areas "A" through "N" at the northeast corner of Tangerine Farms Road and Clark Farms Blvd. (Steven E. Vasquez) Discussion: Request The WLB Group, Inc., on behalf of Meritage Homes of Arizona, is requesting the approval of a preliminary plat consisting of 128 residential lots and common areas "A" through "N" on approximately 24 acres within the Rancho Marana 154 development. Location The proposed subdivision is located in Block 3 of of the Rancho Marana 154 block plat (Book 59, Page 13, Sequence #20042360739) at the northeast corner of Tangerine Farms Road and Clark Farms Boulevard. Zoning The zoning for Block 3 is F (Specific Plan - Rancho Marana) with a land use designation of Medium High Density Residential (MHDR).  The MHDR land use permits single family detached homes in this block with a minimum lot size of 4,500 square feet.  The proposed minimum lot size is 4,833 square feet (Lot 66).  The proposed maximum lot size is 10,370 square feet (Lot 23).  The average lot size is 5,311 square feet. Transportation The proposed subdivision will have two entries with 42 foot right-of-way widths.  One entry will be off Tangerine Farms Road on W. Charismatic Drive and the second entry will be off Clark Farms Blvd. on N. Wiggins Drive.  The internal street section isMarana Regular Council Meeting 10/16/2018 Page 22 of 146 entry will be off Clark Farms Blvd. on N. Wiggins Drive.  The internal street section is the Town's typical 42 foot wide right-of-way. Usable Open Space Requirement A minimum of 700 square feet of usable open space (UOS) per dwelling unit is required by the Rancho Marana Specific Plan.  Based on 128 lots, this subdivision requires a minimum of 89,600 square feet of UOS.  Common Areas "E," "F" and "M" will provide 80,883 square feet of UOS and 10,992 square feet of UOS is planned within the adjacent Tangerine Farms Road right-of-way (allowed per the previously approved development agreement for this subdivision) for a total of 91,875 square feet of UOS. Neighborhood Design Plan Per the Residential Design Standards in Title 8 of the Land Development Code, a neighborhood design plan needs to be submitted as part of the preliminary plat submittal and approved by the Town Council.  The neighborhood design plan is intended to regulate aesthetic quality and construction within the subdivision.  The Rancho Marana Specific Plan was adopted by Town Council per Ordinance No. 90.04 on February 6, 1990 and amended per Ordinance No. 2005.05 on February 15, 2005.  The Specific Plan documents will serve as the neighborhood design plan for the development of Block 3. Planning Commission This preliminary plat was presented to the Planning Commission on September 26, 2018, and received a unanimous recommendation for approval 5-0 (Commissioners Hill and Miller were absent). Staff Recommendation: Staff has reviewed the request against the requirements of the Rancho Marana Specific Plan, the Marana Land Development Code, the Town Code and the Marana General Plan.  The preliminary plat is in substantial conformance with all required development regulations and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2018-096 approving a preliminary plat for Rancho Marana 154 Block 3 Lots 1-128 and Common Areas "A" through "N" at the northeast corner of Tangerine Farms Road and Clark Farms Blvd. Attachments Resolution No. 2018-096 PRV1806-001 RM 154 Blk 3 PP PRV1806-001 RM 154 Blk 3 PP Map PRV1806-001 RM 154 Blk 3 PP App Marana Regular Council Meeting 10/16/2018 Page 23 of 146 MARANA RESOLUTION NO . 201 8 -096 RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR RANCHO MARANA 154 BLOCK 3 LO TS 1-128, COMMON AREAS “A” THROUGH “N” LOCATED AT THE NORTHEAST CORNER OF TANGERINE FARMS RD. AND CLARK FARMS BLVD. WHEREAS, on February 6, 1990, the Mayor and Town Council adopted Ordinance No. 90.04, approving a rezoning to create the Rancho Marana Specific Plan; and WHEREAS, on December 7, 2004, the Mayor and Town Council adopted Resolution No. 2004-154, approving the final block plat for Rancho Marana 154, Book 59, Page 13; and WHEREAS, on February 15, 2005, the Mayor and Town Council adopted Ordinance No. 2005.05, approving an amendment to the Rancho Marana Specific Plan; and WHEREAS, The WLB Group, Inc., on behalf of Meritage Homes of Arizona, has applied for approval of a preliminary plat for a 128-lot single-family residential home subdivision within Block 3 of the Rancho Marana 154 block plat located approximately at the northeast corner of Tangerine Farms Road and Clark Farms Boulevard; and WHEREAS, the Marana Town Council, at the regula rly scheduled meeting on October 16, 2018, determined that the preliminary plat for Rancho Marana 154 Block 3 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Rancho Marana 154 Block 3 Lots 1-128, Common Areas “A” through “N” is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 24 of 146 CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC. ” N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\01-Cover-Blk3-PrePlat.dwg, 8/23/2018 12:32:16 PMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 25 of 146 MATCH LINE - SEE SHEET 4 MATCH LINE - SEE SHEET 3CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC.N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\02-PrePlat01.dwg, 8/23/2018 3:59:12 PMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 26 of 146 CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC. MATCH LINE - SEE SHEET 5 MATCH LINE - SEE SHEET 2N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\03-PrePlat02.dwg, 8/23/2018 2:37:50 PMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 27 of 146 CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC. MATCH LINE - SEE SHEET 2 MATCH LINE - SEE SHEET 5N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\04-PrePlat03.dwg, 8/23/2018 12:58:53 PMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 28 of 146 B SECTION B CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC. MATCH LINE - SEE SHEET 3MATCH LINE - SEE SHEET 4N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\05-PrePlat04.dwg, 8/23/2018 2:28:26 PMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 29 of 146 CALL TWO WORKING DAYS BEFORE YOU DIG 602-263-1100 1-800-STAKE-IT (OUTSIDE MARICOPA COUNTY) WLBGroup The INC.N:\102061B018_Rancho Marana Block 3\dwg\Cut-Shts\Plat\Tentative\06-Sections and Details 06.dwg, 8/23/2018 10:56:36 AMGPA-9926 SPA-03092 PRV-03081 Marana Regular Council Meeting 10/16/2018 Page 30 of 146 © Latitude Geographics Group Ltd. 0.3 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.3 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.130 1:8,000 Rancho Marana 154 Block 3 Preliminary PlatTown of Marana Planning Marana Addresses Marana Town Limits Marana Streets Parcels (Black) Marana Regular Council Meeting 10/16/2018 Page 31 of 146 Marana Regular Council Meeting 10/16/2018 Page 32 of 146      Council-Regular Meeting   C3        Meeting Date:10/16/2018   To:Mayor and Council From:Cynthia Ross, Senior Planner Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-097; Relating to Development; approving a final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space), located at the northeast corner of Twin Peaks Road and Oasis Road (Cynthia Ross) Discussion: Request   Baker and Associates Engineering, Inc., representing Mattamy Tucson, LLC, is requesting approval of a final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space), located at the northeast corner of Twin Peaks Road and Oasis Road, approximately 1.2 miles east of Interstate 10, in Section 14, Township 12 South, Range 12 East.   Background   The property was annexed into the Town by Ordinance No. 2013.024, adopted by Town Council on October 15, 2013, and zoned to Marana Zone “R-144” (Residential). On August 2, 2016, the Mayor and Council approved Ordinance No. 2016.013 adopting the rezoning of the property to “F” (Specific Plan) creating Twin Peaks Oasis Specific Plan. The preliminary plat for this plat was approved by Resolution No. 2017-088 with a subdivision name of “Twin Peaks Oasis”. The name changed to Desert Oasis at Twin Peaks upon final plat application. Marana Regular Council Meeting 10/16/2018 Page 33 of 146   Land Use   The plat proposes 74 single-family residential lots. Although the Specific Plan proposes a minimum lot size of 6,000 square feet, the plat proposes a minimum lot size of 6,846 square feet, a maximum lot size of 11,817 square feet, and an average lot size of 7,979 square feet. The proposed density is 2.0 residences per acre.   The plat proposes approximately 13.5 acres as residential lots and 3.6 acres as public streets.  A maximum of 25 homes may be two-story. Homes on the perimeter of the community are restricted to single-story homes. Per the Specific Plan rezoning condition, lots restricted to single story include 1-7, 22-23, 37-58, 68-69 and 74.   The developer will build a reflection area adjacent to Twin Peaks Road, with a public, 20-foot wide, trail connecting Twin Peaks Road to a neighborhood park in the subdivision. A trail will also connect the north end of the subdivision to Twin peaks Road at the Indian Cloud Place cul de sac. The developer will grant a 15-foot wide public trail easement on the southeast corner of the site for Trail #164, Scotties Loop Trail, described in the Pima County Regional Trails Master Plan. The developer will build a monument sign on the southern end of the development, on Block 1, and dedicate this area (approximately 1,685 sf) to the Town. The monument is meant to indicate entry into the Marana Twin Peaks Corridor area.   Access and Circulation Primary access will be provided off Twin Peaks Road, secondary access will be at the intersection of Oasis Road and Niobrara Way. The internal streets are public and will be maintained by the Town. The total width is 42- feet with two 14-foot travel lanes, 2-foot roll curbs, 5-foot sidewalks and 10-foot public utility. The developer will provide structural pavement improvements to the portion of Oasis Road adjacent to the subdivision.   Infrastructure and Utilities   Water service will be provided by Marana Water. Sewer Service will be provided by Pima County Regional Wastewater Reclamation Department. Tucson Electric Power will provide service to this development. Fire Service will be provided by Golder Ranch Fire District. The owner will pay a detention/retention in-lieu fee to the Town in-lieu of providing detention/retention facilities for this project. Staff Recommendation: Staff finds that the final plat is in compliance with the Twin Peaks Oasis Specific Plan, the Twin Peaks Corridor Study, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of the final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space). Marana Regular Council Meeting 10/16/2018 Page 34 of 146 Suggested Motion: I move to adopt Resolution No. 2018.097, approving the final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space). Attachments Resolution No. 2018-097 Final Plat Location Map Application Marana Regular Council Meeting 10/16/2018 Page 35 of 146 MARANA RESOLUTION NO . 201 8 -097 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR DESERT OASIS AT TWIN PEAKS, LOTS 1 – 74, AND BLOCK “1” AND COMMON AREAS “A” (FUNCTIONAL OPEN SPACE), “B” (NATURAL UN DISTURBED OPEN SPACE), “C” (PARK) AND “D” (SEWER/OPEN SPACE) LOCATED AT THE NORTHEAST CORNER O F TWIN PEAKS ROAD AND OASIS ROAD WHEREAS, on August 2, 2016, the Mayor and Town Council adopted Ordinance No. 2016.013, approving a rezoning of the site from “R-144” to “F’ Specific Plan;” and WHEREAS, on September 19, 2017, the Mayor and Town Council adopted Resolution No. 2017.088, approving the preliminary plat for Twin Peaks Oasis; and WHEREAS, Baker and Associates, Engineering, Inc., on behalf of Mattamy Tucson LLC , Arizona, has applied for approval of a final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space); and WHEREAS, the Marana Town Council, at the regularly scheduled meeting on October 16, 2018, determined the final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space) should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Desert Oasis at Twin Peaks, Lots 1 – 74, and Block “1” and Common Areas “A” (Functional Open Space), “B” (Natural Undisturbed Open Space), “C” (Park) and “D” (Sewer/Open Space) is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 36 of 146 Marana Regular Council Meeting 10/16/2018Page 37 of 146 Marana Regular Council Meeting 10/16/2018Page 38 of 146 Marana Regular Council Meeting 10/16/2018Page 39 of 146 Marana Regular Council Meeting 10/16/2018Page 40 of 146 Marana Regular Council Meeting 10/16/2018Page 41 of 146 Marana Regular Council Meeting 10/16/2018Page 42 of 146 Marana Regular Council Meeting 10/16/2018Page 43 of 146 OASIS TWIN PEAKSBLUE BONNETLAMBERT COYOTECROOKLINDA VISTACAMINO PICO VISTAC A L L E G E N I L NIOBRARA CALLE PEINETASUMTERDECKERROCKYBANDELIERPYGMY OWL BOOT SPUR E L C O R C E L LAMBERT Data Disc laime r: The Town of Marana p rovides this map information"As Is" at the re que st of the use r with the understanding that it is not guarante e d to be ac c urate, c orrec t or c omp lete and c onc lusions drawn from suc h information are the resp onsibility of the use r. In noevent shall The Town of Maranabe c ome liable to use rs of these data, or any othe r p arty, for any loss or dire c t, indire c t, sp e c ial, inc ide ntal, or c onse que ntial damages, inc luding but not limite d to time , mone y, or goodwill, arising from the use or modific ation of the data. De se rt Oasis at Tw in Pe aks ° A re q ue st for ap p rov al of a final p lat for De se rt Oasis at Tw in Pe aks, Lots 1 – 74, and Block “1” and Common Are as “A” (Functional Op e nSp ace ), “B” (Natural Undisturbe d Op e n Sp ace ), “C” (Park) and “D” (Se w e r/Op e n Sp ace ). Case No. PRV1708-002 Linda Vista Road Oasis Road Lambert Lane Blue BonnettTwin Peaks RoadOasis HillsOasis Hills II Final Plat for Lots 1 – 74, and Bloc k "1"and Common Are as “A”, “B”, “C”, “D” Marana Regular Council Meeting 10/16/2018 Page 44 of 146 Marana Regular Council Meeting 10/16/2018 Page 45 of 146    Council-Regular Meeting   C4        Meeting Date:10/16/2018   To:Mayor and Council From:Jane Fairall, Deputy Town Attorney Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Ordinance No. 2018.018: Relating to Finance; amending the Town of Marana Comprehensive Fee Schedule to eliminate stage rental fees; and declaring an emergency (Jane Fairall) Discussion: At the Town Council's September 18, 2018 meeting, the Council adopted Resolution No. 2018-086, authorizing the transfer of ownership of the Town’s mobile stage to the Marana Unified School District and rescinding the Town of Marana Mobile Stage Usage Policy. As the Town no longer owns the stage and it is no longer available for rent, the proposed ordinance will eliminate the stage rental fees from the comprehensive fee schedule. Financial Impact: The elimination of the stage rental fees is not expected to have any financial impact to the Town. Staff Recommendation: Staff recommends approval of the ordinance eliminating the stage rental fees. Suggested Motion: I move to adopt Ordinance No. 2018.018, amending the Town of Marana Comprehensive Fee Schedule to eliminate stage rental fees; and declaring an emergency. Attachments Marana Regular Council Meeting 10/16/2018 Page 46 of 146 Ordinance No. 2018.018 Marana Regular Council Meeting 10/16/2018 Page 47 of 146 MARANA ORDINANCE NO. 2018.018 RELATING TO FINANCE; AMENDING THE TOWN O F MARANA COMPREHENSIVE FE E SCHEDULE TO ELIMINATE STAGE RENTAL FEES; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9 -240(A) to control the finances of the town; and WHEREAS the Town Council, via Ordinance No. 2017.004, adopted an amended comprehensive fee schedule on February 7, 2017, which was made a public record by and attached as Exhibit A to Resolution No. 2017-010; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule , most recently on August 7, 2018, via Ordinance No. 2018.014; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2017.004, as previously amended, is hereby amended by eliminating the following fees: Fee/Description Amount Unit of Measure Notes COMMUNITY SERVICES; PARK RENTALS Stage Rental $400.00 Per event An event is a maximum of three days, exclusive of setup. Available for approved users only. Security Deposit – Stage Rental $500.00 Per rental Refundable SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Marana Regular Council Meeting 10/16/2018 Page 48 of 146 SECTION 3. 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. 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the pea ce, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 49 of 146      Council-Regular Meeting   C5        Meeting Date:10/16/2018   To:Mayor and Council Submitted For:Keith Brann, Town Engineer From:Glenn Phillips, Civil Engineering Specialist Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-098: Relating to Development; approving a release of assurances for Del Webb at Dove Mountain VI subdivision and accepting public improvements for maintenance (Keith Brann) Discussion: Del Webb at Dove Mountain VI, consisting of Lots 385 – 454, Block “1” and Common Areas “A” (Drainage/Open Space) and “B” (Public Sewer/Open Space), was recorded in the Pima County Recorder’s Office on September 7, 2017. The Town has a third party trust substitute assurance agreement with Pulte Home Corporation and Landmark Title Assurance Agency of Arizona, LLC., assuring the completion of public improvements including paved streets, drainage structures and sidewalk. The improvements are now completed to Town Standards in accordance with the assurance agreement. This item releases the assurances and accepts the improvements for maintenance. Staff Recommendation: Staff recommends the adoption of Resolution No. 2018-098, approving a release of assurances for Del Webb at Dove Mountain VI and accepting public improvements for maintenance. Suggested Motion: I move to adopt adoption of Resolution No. 2018-098, approving a release of assurances for Del Webb at Dove Mountain VI and accepting public improvements for maintenance. Marana Regular Council Meeting 10/16/2018 Page 50 of 146 Attachments Resolution No. 2018-098 Project Map Marana Regular Council Meeting 10/16/2018 Page 51 of 146 MARANA RESOLUTION NO. 2018-098 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR DEL WEBB AT DOVE MOUNTAIN VI SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the final plat for ‘Del Webb at Dove Mountain VI, Lots 385 – 454, Block “1” and Common Areas “A” (Drainage/Open Space) and “B” (Public Sewer/Open Space),’ (“Del Webb at Dove Mountain VI”) was recorded in the Pima County Recorder’s Office on September 7, 2017, at Sequence 20172500137; and WHEREAS the Town has a third party trust substitute assurance agreement (the “Assurance Agreement”) with Pulte Home Corporation (the “Subdivider”) and Landmark Title Assurance Agency of Arizona, LLC, as Trustee under trust number 18300-T, recorded in the Pima County Recorder’s office on September 7, 2017, at Sequence 20172500149, assuring the completion of public improvements for Del Webb at Dove Mountain VI; and WHEREAS the Subdivider has completed the public improvements for Del Webb at Dove Mountain VI acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.5 miles of the following paved streets as shown on the plat of Del Webb at Dove Mountain VI: Dear Creek Trail Cliff Springs Kanab Creek Trail Marana Regular Council Meeting 10/16/2018 Page 52 of 146 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 53 of 146 Exhibit 1 Marana Regular Council Meeting 10/16/2018 Page 54 of 146    Council-Regular Meeting   C6        Meeting Date:10/16/2018   To:Mayor and Council From:Lisa Shafer, Community Development Director Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-099:  Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2018-2019 Community Development Block Grant Program (Lisa Shafer) Discussion: The Community Development Block Grant (CDBG) program, established by Congress in 1974, provides communities with resources to address a wide range of unique community development needs. Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program provides annual grant funding, on a formula basis, to 1209 general units of local government and states. HUD awards grants to entitlement community grantees to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderate-income persons. A grantee may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives. Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan cities with populations of at least 50,000; and qualified urban counties with Marana Regular Council Meeting 10/16/2018 Page 55 of 146 populations of at least 200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement grant by a statutory dual formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationship to other metropolitan areas. Because the Town does not meet the entitled communities criteria, any CDBG funding received by the Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion of Pima County's CDBG funding through an annual proposal process. Earlier this year the Town applied for funding in four specific programs (Colonia Neighborhood Cleanup, Emergency Home Repair and Owner Occupied Housing Rehabilitation) and for funding to cover the cost of administering programs that address the needs of low-to moderate-income families.  Pima County awarded the Town of Marana $60,000 from the 2018-2019 Community Development Block Grant Program.  The grant provided funding for Administration ($13,000), Colonia Clean-up ($10,000), Emergency Home Repair ($18,500) and Owner Occupied Housing Rehabilitation ($18,500).  This is the same amount of funding received in the 2017-2018.  This award term is from October 1, 2018 to September 30, 2019. Financial Impact:   Fiscal Year:2019 Budgeted Y/N:Yes Amount:$60,000 This funding does not require any match or leveraged funding.  All services will be provided with direct cost reimbursement. Staff Recommendation: Staff recommends approval of the intergovernmental agreement with Pima County for the management and implementation of the 2018-2019 Community Development Block Grant Program. Suggested Motion: I move to adopt Resolution No. 2018-099, approving and authorizing the Mayor to execute the  intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2018-2019 Community Development Block Grant Program. Attachments Resolution No. 2018-099 Exhibit A to Resolution - CDBG IGA Marana Regular Council Meeting 10/16/2018 Page 56 of 146 MARANA RESOLUTION NO. 201 8-099 RELATING TO COMMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYO R TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TO WN OF MARANA FOR THE MANAGEMENT AND IMPLEMENTATION OF THE 2018-2019 COMMUNITY DEVELOPMENT BLOCK GR ANT PROGRAM WHEREAS the Town of Marana recognizes the need to provide safe affordable housing and neighborhood infrastructure for its citizens and has applied for Communi- ty Development Block Grant (CDBG) funding for these purposes; and WHEREAS Pima County has been awarded funding from the U.S. Department for Housing and Urban Development under the CDBG program for the 201 8-2019 fed- eral fiscal year; and WHEREAS the T own of Marana has been selected as a sub -grantee through Pima County’s proposal process; and WHEREAS Pima County and the Town of Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-952 et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental a greement between Pima County and the Town of Marana, in substantially the form attached to and incorporated by this refer- ence in this resolution as Exhibit A, is hereby approved, and the Mayor is hereby au- thorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to c arry out the terms, ob- ligations, and objectives of the i ntergovernmental agreement. Marana Regular Council Meeting 10/16/2018 Page 57 of 146 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 58 of 146 PIMA COUNTY COMMUNITY DEVELOPMENT AND NEIGHBORHOOD CONSERVATION DEPARTMENT Program Name: Management and Implementation of the Community Development Block Grant (CDBG) Program Subrecipient: Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 DUNS No.: 098034143 Project Description: Management of the Town of Marana CDBG Program including: Administration; Colonia Neighborhood Cleanup; Emergency Home Repair and Owner Occupied Housing Rehabilitation. Contract Term: October 1, 2018 through September 30, 2019 Amount: $60,000.00 Funding: U.S. Department of Housing and Urban Development Federal Contract No. B-18-UC -04-0502 Award Date: July 1, 2018 CFDA Program Description Nation Funding Pima County Award 14.218 Community Development Block Grant/Entitlement Communities (CDBG) FY18 $3,300,000,000 $2,903,833.00 Is this a Research and Development Contract: Yes No This Intergovernmental Agreement is entered into by and between Pima County (“County”), a body politic and corporate of the State of Arizona and the Town of Marana (“Subrecipient ”), a municipal corporation in the State of Arizona. RECITALS A. County and Subrecipient may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951 et seq. B. Subrecipient is authorized by A.R.S. § 9-500.11 to expend public monies for and in connection with economic development activities. C. County is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17), to spend public monies to improve and enhance the economic welfare and health of the inhabitants of the County. Marana Regular Council Meeting 10/16/2018 Page 59 of 146 D. County applied for and received Community Development Block Grant (“CDBG”) funds in the amount of $2,903,833 from the U.S. Department of Housing and Urban Development (“HUD”), under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93 -383). E. Under solicitation number CDNC-10-13-17-CDBG-ESG (“the 2018-2019 Community Planning Application”), County sought proposals for programs and activities that would qualify for CDBG funding during Federal Fiscal Year 2018-2019. F. Subrecipient submitted a satisfactory response to the 2018-2019 Community Planning Application. G. County has determined that the services or activities proposed in Subrecipient’s response to the Community Planning Applications are eligible for CDBG funding and in the best interests of the residents of Pima County. H. On May 1, 2018 the Pima County Board of Supervisors: 1. Authorized inclusion of Subrecipient’s proposal for use of CDBG funds in the 2018-2019 Community Planning Application that County submitted to HUD. 2. Passed Resolution No. 2018-20 approving the allocation of $60,000.00 of 2018-2019 CDBG funds to Subrecipient for management and implementation of the Town of Marana CDBG Program. NOW THEREFORE, County and Subrecipient, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: 1.0 TERM AND EXTENSIONS 1.1 Original Term. This Agreement will commence on October 1, 2018 and will terminate on September 30, 2019 (the “Initial Term”). “Term,” when used in this Agreement, means the Initial Term plus any exercised Extension Options. This Agreement covers CDBG funding for federal fiscal years 2018-2019. 1.2 Extension Options. County may renew this Agreement in order to: 1.2.1 Complete activities funded, but not completed; 1.2.2 Expend Program Income (“PI”) received, but not expended prior to the termination date; or 1.2.3 To continue the Agreement for additional one (1) to five (5) year periods. 1.3 This Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. Any amendments to the Agreement must be approved by the County before any services under the amendment commences. 1.4 Minor modifications may be made by written memorandum approved and signed by the Director of the Pima County Community Development and Neighborhood Conservation Department or designee. Minor modifications are changes in the scope, which do not change the specified purpose, outcomes or the total compensation provided through this Agreement and do not in any way increase the direct or indirect liability of the County under this Agreement. 1.5 Notwithstanding paragraph 1.1 and 1.2 above, the terms of this Agreement will survive and remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 2.0 SCOPE OF SERVICES 2.1 Subrecipient will: 2.1.1 Provide the County with the services described in the attached Exhibit A. Marana Regular Council Meeting 10/16/2018 Page 60 of 146 2.1.2 Employ suitably trained and skilled personnel to perform all services under this Agreement. 2.1.3 Perform its duties in a humane and respectful manner and in accordance with any applicable professional standards. Subrecipient must obtain and maintain all applicable licenses, permits and authority required for its performance under this Agreement. 2.1.4 Unless otherwise provided for herein, the personnel delivering Agreement services will: 2.1.4.1 Be employees or volunteers of the Subrecipient ; 2.1.4.2 Satisfy any qualifications set forth in this Agreement ; and 2.1.4.3 Be covered by personnel policies and practices of Subrecipient. 2.1.5 Obtain and maintain all required licenses, permits and authority required for performance under this Agreement. 2.1.6 Maintain an accounting manual that describes its financial proced ures in sufficient detail to ensure that its financial practices are easily understood. 2.1.7 Undertake the same obligations to the County, as the County does to HUD pursuant to the 2018 – 2019 Annual Action Plan and assurances. Subrecipient will hold County ha rmless against any injury that County may suffer with respect to HUD on account of any failure on the part of Subrecipient to fulfill obligations to HUD. 2.2 Confidentiality. Subrecipient: 2.2.1 Understands and acknowledges that client and applicant files and information collected pursuant to the terms of this Agreement are private and the use or disclosure of such information, when not directly connected with the administration of County’s or Subrecipient’s responsibilities with respec t to services provided under this Agreement is prohibited, unless written consent is obtained from the individual or, in the case of a minor, from the responsible parent or guardian. 2.2.2 Will provide access to these files only to persons with a specific CDBG-related need for the information. 2.2.3 Will observe and abide by all applicable State and Federal statutes and regulations regarding use or disclosure of information including, but not limited to, information concerning applicants for and recipients of contract services. 2.3 Subrecipient certifies that no individual or agent has been employed or retained to solicit or secure this Agreement for commission, percentage, brokerage or contingent fee except a bona fide employee whose job duties include securing business. 2.4 No program funded under this Agreement may impair existing contracts for services or collective bargaining agreements or be inconsistent with the terms of a collective bargaining agreement without the written concurrence of the labor organization and emplo yer concerned. 2.5 Subrecipient warrants compliance with the Urban County Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant Program and HOME Investment Partnership Program, contract CTN -CD-16*187 as amended. 3.0 MONITORING AND EVALUATION 3.1 County will monitor all activities and information sources in the management, fiscal, and services systems of Subrecipient and any subcontracted parties relating to performance of duties and obligations under this Agreement to ensure that Subrecipient is: 3.1.1 Making adequate and acceptable progress in the provision of services; Marana Regular Council Meeting 10/16/2018 Page 61 of 146 3.1.2 Maintaining adequate and acceptable systems to document services and expenditures; 3.1.3 Using the funds provided pursuant to this Agreement effectively and efficiently to accomplish the purposes for which funds were made available ; and 3.1.4 Pursuant to 24 CFR Part 35, for projects on homes built prior to 1978, comply with regulations for disclosure and lead-safe work practices. 3.2 Subrecipient must cooperate in the monitoring and evaluation process by County and/or HUD. 3.3 Subrecipient must assist County in providing reports and documentation to HUD related to Subrecipient’s performance and, where applicable, the impact of the CDBG-funded activities on the community. 3.4 If monitoring and evaluation finds that Subrecip ient’s performance is substandard, Subrecipient will be in default of this Agreement. If Subrecipient fails to take appropriate actions to correct the default within fifteen (15) calendar days from date of notice, this Agreement may be suspended or terminated. 3.5 To the greatest extent permissible by law, County, and any authorized federal, state or local agency, including, but not limited to, the HUD and the Comptroller of the United States, will at all reasonable times have the right of access to Subrecipient's facility, books, documents, papers, or other records which are pertinent to this Agreement, in order to make audits, examinations, excerpts and transcripts for the purpose of evaluating Subrecipient's performance and Subrecipient's compliance with this Agreement. 4.0 COMPENSATION AND PAYMENT 4.1 In consideration for services specified in Exhibit A of this Agreement, County agrees to pay Subrecipient up to $60,000.00 (“the Maximum Allocated Amount”). 4.2 Payment will be made from the 2018-2019 CDBG Grant County has been awarded from HUD (“the awarding agency”). 4.3 Payment of the full Maximum Allocated Amount is subject to the CDBG funds being made available to County for this Agreement. The Maximum Allocated Amount may be decreased at any time due to reduction, termination, or any other changes in funding. Unless specifically authorized by County, unexpended funds will not be carried over into another fiscal year. 4.4 Pursuant to the agreement between HUD and County (Pima County Contract No. B-18-UC -04- 0502) and the Pima County Board of Supervisor’s approval of this allocation of CDBG funds to Subrecipient on May 1, 2018, Subrecipient may be reimbursed for eligible costs associated with activities under this Agreement from and after October 1, 2018. Notwithstanding the limitations above, Subrecipient may be reimbursed for administrative costs incurred for performance under this Agreement between July 1, 201 8 and June 30, 2019. 4.5 Subrecipient must submit a request for reimbursement every month, even if no funds are being requested for the prior month. Requests for reimbursement are due as follows: Contract Month Due date for Request for Reimbursement January through April & July through December 30 calendar days from end of month May June 15 June July 7 4.6 Each monthly request for reimbursement must: 4.6.1 Reference this contract number. 4.6.2 Be approved and signed by the person (s) that prepared the request and an authorized manager, supervisor or executive of the Subrecipient to insure proper internal financial controls. Marana Regular Council Meeting 10/16/2018 Page 62 of 146 4.6.3 Be for services and costs as identified in Exhibit A. 4.6.4 Be accompanied by documentation which must include, but is not limited to: 4.6.4.1 A summary report of monthly expenditures by expense categories as shown in approved budget in Exhibit A of this Agreement. 4.6.4.2 Copies of invoices and checks (front and back) to support all purchases of goods or services. 4.6.4.3 If reimbursement is authorized for travel, detailed travel reports to support all travel expenses. 4.6.4.4 Any other documentation requested by County. 4.6.5 Be accompanied by a hardcopy, with original signatures, of the Financial Status Report and Request for Funds. County will provide Subrecipient with a form similar to that attached hereto as Exhibit B upon execution of this Agreement. 4.6.5.1 If reimbursement is authorized for personnel costs, be accompanied, at a minimum, by the following documentation for each pay period: 4.6.5.1.1. Time sheets or other records that specify, signed by the employee and the employee’s immediate supervisor with direct knowledge of employee’s efforts for this Agreement, that specify: 4.6.5.1.1.1. Hours worked on the grant; 4.6.5.1.1.2. Total hours worked on the grant and hours worked on each participant; 4.6.5.1.1.3. Days worked; and 4.6.5.1.1.4. Hours worked each day. 4.6.5.2 Accounting system report(s) specifying rate of pay and costs of employer paid benefits. 4.6.6 Comply with the applicable provisions of 2 C.F.R. §§ 200, including Subpart E – Cost principles for non-profit corporations. 4.7 If Subrecipient is required to provide matching funds under the terms of the awarding agency, Subrecipient must also provide the documentation described in Paragraph 4 .6 for the matching funds. 4.8 Subrecipient must utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Subrecipient may not bill the County for costs which are paid by another source. Subrecipient must notify County within ten (10) days of receipt of alternative funding for costs which would otherwise be subject to payment pursuant to this Agreement. 4.9 If each request for payment includes adequate and accurate documentation, County will generally pay Subrecipient within thirty (30) days from the date invoice is received. Subrecipient must budget cash needs accordingly. 4.10 County may, at its sole discretion : 4.10.1 Determine the acceptability and progress of work performed and determine the resulting entitlement to payment of each request for reimbursement. 4.10.2 Liquidate funds available under this Agreement for costs incurred by County on behalf of Subrecipient. Marana Regular Council Meeting 10/16/2018 Page 63 of 146 4.10.3 Deny full payment for requests for reimbursement that are submitted to County after the date set forth in Paragraph 4.5. County may deduct its processing costs or delay-related damages in connection with a request for payment submitted after that date. 4.10.4 Deny payment for any request for reimbursement received after the following dates : Month Expense Incurred Denial date January through March July and August October through December More than 60 days after the end of the month in which the expense was incurred April and May June 21 June July 15 September October 31 If payment is made on such a delinquent request, County will deduct its processing costs or delay-related damages. 4.11 Pursuant to A.R.S. § 11-622, County will deny reimbursement completely for requests for payment made later than six months after the last item of the account accrues. 4.12 REQUEST FOR FINAL PAYMENT for compensation earned and/or eligible costs incurred will be submitted to the County within 15 working days after the end of the contract term. The request must meet the requirements set forth in Paragraph 4.6 and include a report summarizing Subrecipient’s performance during the term of the Agreement. 4.13 No payments will be made to Subrecipient, until all of the following conditions are met: 4.13.1 Subrecipient has completed and submitted a W-9 Taxpayer Identification Number form; 4.13.2 Subrecipient has registered as a Pima County Vendor at the following web address -- https://secure.pima.gov/procurement/vramp/login.aspx); and 4.13.3 Adequate and accurate documentation is provided with each request for payment or invoice. 4.14 Subrecipient will report to County: 4.14.1 Accrued expenditures; 4.14.2 Program income, as defined by the awarding agency; and 4.14.3 All other fiscal resources applied to expenses incurred in providing services under this Agreement. 4.15. Changes between budget line items. Changes between budget line items of no more than 15% may be granted by and at the sole discretion of the Director of Community Development and Neighborhood Conservation (“CDNC”) or designee. The following provisions apply: 4.15.1. The change may not increase or decrease the maximum allocated amount. 4.15.2. Subrecipient must submit a written request for the line item change on or before May 15 of the contract year. The written request must contain a detailed explanation of: 4.15.2.1. The reason the change is necessary; and 4.15.2.2. How the specified purpose, program(s), metrics, or outcomes set forth in this Agreement will continue to be met, despite the requested change. 4.15.3. The change must be for future expenditures that are not part of the current existing and approved budget(s). The change may not be to cover unbudgeted expenditures incurred by Subrecipient prior to submitting the written request for a budget line item change. Marana Regular Council Meeting 10/16/2018 Page 64 of 146 4.15.4. If the Director of CNDC or designee approves the request for the budget line item change, the change will not be effective, nor will compensation under the change be provided, until the date set forth in the written approval. 4.16. Any change that increases or decreases the maximum allocate amount or that changes the Scope of Work in any way will require a contract amendment. Such change will not be effective, nor will compensation under the change be provided, until the contract amendment is fully executed by both parties 4.17. Goods and services provided in excess of the budgeted line item or the maximum allocated amount without prior authorization as set forth in paragraphs 4.15 and 4.16 above will be at Agency’s own risk 4.18. Disallowed Charges or Cost Principles. 4.18.1. The cost principle set forth in the Code of Federal Regulations (C.F.R.), 2 CFR 200 Subpart E, as modified by amendments and additions, on file with the Secretary of State, will be used to determine whether reimbursement of an incurred cost will be reimbursed under this Agreement . 4.18.2. Subrecipient must reimburse County for improper, unallowable or unsubstantiated costs discovered as a result of audit or otherwise within thirty (30) days following demand for reimbursement by County. 4.19. For the period of record retention required under Section 20.0 -- Books and Records, County reserves the right to question any payment made under this Section 4.0 and to require reimbursement by setoff or otherwise for payments determined to be improper or contrary to the Agreement or law 5.0 PROGRAM INCOME 5.1 County does not anticipate that program income, as defined by the awarding agency, will be generated under the activities of this Agreement. 5.2 In the event that activities under this Agreement do generate program income or program income is authorized, Subrecipient must: 5.2.1 Report to County all program income, as defined at 24 CFR 570.500(a), generated and received as a result of activities carried out with the CDBG-funds provided pursuant to this Agreement. These reports are due quarterly. 5.2.2 Return program income to County within 15 days of the end of each month, unless otherwise specified in Exhibit A. 6.0 INSURANCE 6.1 Town and County will maintain commercial general liability – occurrence form, automobile liability, and worker’s compensation and employer’s liability insurance, or be self -insured, in amounts sufficient to cover any claims, whether or not due to negligence, which may arise in the performance of the activities set forth in this IGA. 6.2 For purposes of Workers’ Compensation, an employee of a party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another party pursuant to this specific Agreement, is deemed an employee of both parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers’ Compensation benefits for the purposes of this paragraph. Each party shall comply with the notice provisions of A.R.S. § 23-1022(E). Marana Regular Council Meeting 10/16/2018 Page 65 of 146 7.0 INDEMNIFICATION 7.1 Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney’s fees) (he reinafter collectively referred to as “claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act , omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. 7.2 Subrecipient warrants that services provided under this Agreement are non-infringing. Subrecipient will indemnify, defend and hold County harmless from any claim of infringement arising from services provided under this Agreement or from the provision, license, transfer or use for their intended purpose of any products provided under this Agreement. 8.0 COMPLIANCE WITH LAWS 8.1 Compliance with Laws; Changes. Subrecipient will comply with all federal, state, and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Contract. Any changes in the governing laws, rules, and regulations during the terms of this Agreement will apply, but do not require an amendment. 8.2 Licensing. Subrecipient warrants that it is appropriately licensed to provide the services under this Contract and that its subcontractors will be appropriately licensed. 8.3 Choice of Law; Venue . The laws and regulations of the State of Arizona will govern the rights of the parties, the performance of this Contract, and any disputes hereunder. Any action relating to this Contract must be brought in a court of the State of Arizona in Pima County. 8.4 Compliance with 24 CFR 570 .Subrecipient will comply with the requirements of 24 CFR 570, including subpart K of these regulations, except the Subrecipient does not assume: 8.4.1 County’s environmental responsibilities described in 24 CFR 570.604; and 8.4.2 County’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. 8.5 Use of CDBG Funds. Subrecipient warrants that CDBG funds provided or personnel employed in the administration of the program funded under this Agreement will not be used for: 8.5.1 Political activities; 8.5.2 Inherently religious activities; 8.5.3 Lobbying to influence the outcome of any election or the award of any federal contract, grant, loan or cooperative agreement (see Federal Standard Form LLL, “Disclosure of Lobbying Activities); 8.5.4 Political patronage; or 8.5.5 Nepotism activities. 8.6 Compliance with Federal Law, Rules and Regulations . Subrecipient will comply with the applicable provisions of: 8.6.1 Davis-Bacon Act (Public Law 107-217), as amended; 8.6.2 Contract Work Hours and Safety Standards Act (40 USC 327 et seq.); 8.6.3 Copeland Anti-Kick Back Act (18 USC 874 et seq.); 8.6.4 Section 3 of the HUD Act of 1968 as amended; and 8.6.5 All rules and regulations applicable to the Acts set forth above. Marana Regular Council Meeting 10/16/2018 Page 66 of 146 8.7 Cooperation. Subrecipient will fully cooperate with County, HUD and any other federal agency in the review and determination of compliance with the above provisions. 9.0 INDEPENDENT CONTRACTOR 9.1 Subrecipient is an independent contractor. Neither Subrecipient nor any of Subrecipient’s officers, agents, or employees will be considered an employee of Pima County or be entitled to receive any employment-related benefits, or assert any protections, under the Pima County Merit System. 9.2 Subrecipient is responsible for paying all federal, state and local taxes on the compensation by Subrecipient under this Agreement and will indemnify and hold County harmless from any and all liability which County may incur because of Subrecipient’s failure to pay such taxes. 9.3 Subrecipient will be solely responsible for its program development, operation, and performance. 10.0 SUBCONTRACTOR S 10.1 Except as provided in paragraph 10.2, Subrecipient will not enter into any subcontracts for any services to be performed under this Agreement without County’s prior written approval of the subcontract. Subrecipient must follow all applicable Federal, State, and County rules and regulations for obtaining subcontractor services. 10.2 Prior written approval is not required for the purchase of supplies that are nec essary and incidental to Subrecipient’s performance under this Agreement. 10.3 Subrecipient will be fully responsible for all acts and omissions of any subcontractor and of persons directly or indirectly employed by any subcontractor and of persons for whose ac ts, any of them, may be liable to the same extent that the Subrecipient is responsible for the acts and omissions of persons directly employed by it. Nothing in this contract will create any obligation on the part of County to pay or see to the payment of any money due any subcontractor, except as may be required by law. 10.4 Subrecipient must include the provision set forth in paragraph 4.6 in all contracts between Subrecipient and its subcontractors providing goods or services pursuant to this Agreement. Subrecipient will be responsible for subcontractors' compliance with that provision and for any disallowances or withholding of reimbursements resulting from noncompliance of said subcontractors with the provision. 11.0 ASSIGNMENT Subrecipient cannot assign its rights or obligations under this Agreement, in whole or in part, without County’s prior written approval. County may withho ld approval at its sole discretion. 12.0 NON-DISCRIMINATION 12.1 Subrecipient will comply with all provisions and requirements of Arizona Executive Order 2009-09, which is hereby incorporated into this Agreement, including flow down of all provisions and requirements to any subcontractors. 12.2 During the performance of this Agreement, Subrecipient will not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 12.3 Unless exempt under federal law, Awardee will comply with: 12.3.1 Titles VI and VII of the Civil Rights Act of 1964 as a mended; 12.3.2 The Age Discrimination in Employment Act; Marana Regular Council Meeting 10/16/2018 Page 67 of 146 12.3.3 Section 504 of the Rehabilitation Act of 1973, as amended; and 12.3.4 The requirements of the Fair Labor Standards Act of 1938, as amended. 13.0 AMERICANS WITH DISABILITIES ACT Subrecipient will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. If Subrecipient is carrying out a government program or services on behalf of County, then Subrecipient will maintain accessibility to the program to the same extent and degree that would be required by the County under 28 CFR Sections 35.130, 35.133, 35.149 through 35.1 51, 35.160, 35.161 and 35.163. Failure to do so could result in the termination of this Agreement. 14.0 AUTHORITY TO CONTRACT Subrecipient warrants its right and power to enter into this Agreement. If any court or administrative agency determines that County does not have authority to enter into this Agreement, County will not be liable to Subrecipient or any third party by reason of such determination or by reason of this Agreement. 15.0 FULL AND COM PLETE PERFORMANCE The failure of either party to insist on one or more instances upon the full and complete performance of any of the terms or conditions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, will not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time will not be construed as an accord and satisfaction. 16.0 CANCELLATION FOR CONFLICT OF INTEREST 16.1 This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38-511, the pertinent provisions of which are incorporated into this Agreement by reference. 16.2 Subrecipient agrees to comply with all applicable conflict of interest provisions contained in Federal laws and regulations that govern the awarding agency including 24 CFR 84.42 and 570.611. 17.0 TERMINATION AND SUSPENSION 17.1 Without Cause: County may terminate this Agreement at any time, without cause, by serving a written notice upon Subrecipient at least thirty (30) days before the effective date of the termination. In the event of such termination, the County's only obligation to Subrecipient will be payment for services rendered prior to the date of termination. 17.2 With Cause: Except as set forth in paragraph 3.4, County may terminate this Agreement at any time without advance notice and without further obligation to County finds Subrecipient to be in default of any provision of this Agreement. 17.3 Insufficient Funds: Notwithstanding Paragraph 17.1 and 17.2 above, if any state or federal grant monies used to pay for performance under this Agreement are reduced or withdrawn, County will have the right to either reduce the services to be provided and the total dollar amount payable under this Agreement or terminate the Agreement. To the extent possible, County will endeavor to provide fifteen (15) days written notice of such reduction or termination. In the event of a reduction in the amount payable, County will not be liable to Subrecipient for more than the reduced amount. In the event of a termination under this paragraph, County’s only obligation to Subrecipient will be payment for services rendered prior to the date of termination to the extent that grant funds are available. Marana Regular Council Meeting 10/16/2018 Page 68 of 146 17.4 Non-Appropriation: Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining County or other public entity obligations under this Agreement. In the event of such termination, County will have no further obligation to Subrecipient, other than for services rendered prior to termination. 17.5 Suspension: County reserves the right to suspend Subrecipient’s performance and payments under this Agreement immed iately upon notice delivered to Subrecipient ’s designated agent in order to investigate Subrecipient ’s activities and compliance with this Agreement. In the event of an investigation by County, Subrecipient will cooperate fully and provide all requested information and documentation. At the conclusion of the investigation, or within forty-five (45) days, whichever is sooner, Subrecipient will be notified in writing that the contract will be immediately terminated or that performance may be resumed. 18.0 NOTICE Any notice required or permitted to be given under this Agreement must be in writing and must be served by delivery or by certified mail upon the other party as follows: County: Subrecipient: Margaret Kish, Director Pima County Community Development and Neighborhood Conservation 2797 East Ajo Way Tucson, Arizona 85713 Jamsheed Mehta, Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 19.0 OTHER DOCUMENTS 19.1 In entering into this Agreement, Subrecipient and County have relied upon information provided in Subrecipient’s proposal submitted in response to Pima County Solicitation identified in the recitals of this Agreement (“the Community Planning Application”) including the Instructions to Bidders, Standard Terms and Conditions, Specific Terms and Conditions, Solicitation Addenda, Subrecipient’s Proposal, other information and documents submitted by the Subrecipient in its’ response to said Solicitation. 19.2 The documents set forth in Paragraph 19.1 are hereby incorporated into and made a part of this Agreement as if set forth in full herein, to the extent not inconsistent with the provisions of this Agreement, including all exhibits. Subrecipient will promptly bring any provisions which Subrecipient believes are inconsistent to County’s attention, and County will provide Subrecipient with its interpretation of the provisions in question. In the event of an irreconcilable inconsistency, the provisions of the awarding agency documents will govern over the conditions of this Agreement, unless otherwise required by law. 20.0 BOOKS AND RECORDS 20.1 Subrecipient will keep and maintain all records specified in 24 CFR 570.506 which are pertinent to the activities funded under this Agreement. All such records will be open for inspection and audit by duly authorized representatives of County during normal business hours. Records include, but are not limited to: 20.1.1 A full description of each action or activity taken to comply with this Agreement; 20.1.2 Demonstrat ion that the actions and activities meet one or more of the National Objectives of the CDBG program; Marana Regular Council Meeting 10/16/2018 Page 69 of 146 20.1.3 Eligibility documentation and determination; 20.1.4 Documentation of compliance with the fair housing and equal opportunity components of the CDBG program; 20.1.5 Disbursements of funds; 20.1.6 Financial records required under 24 CFR 570.502 and 24 CFR 84.21 – 28; and 20.1.7 Documentation of compliance with Subpart K of 24 CFR Part 570. 20.2 Subrecipient must retain all records pertaining to this Agreement for four (4) years after County submits the annual performance and evaluation report to HUD in which the CDBG -funded activities under this Agreement are reported on for the final time or until completion of any action and resolution of all issues which arise from any related litigation, claim, negotiations, audit or other action involving the records that was started before the expiration of the 4-year period, whichever is later. 21.0 AUDIT REQUIREMENTS 21.1 Subrecipient will: 21.1.1 Comply with the applicable provisions of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Parts 200 and 2400). 21.1.2 Establish and maintain a separate, identifiable accounting of all funds provided by County under this Agreement. The accounting must record all expenditures which are used to support invoices and requests for payment from the County. 21.1.3 Establish and maintain accounting records which identify the source and application of any funds not provided under this Agreement used to support these Agreement activities. 21.1.4 Ensure that all accounting records meet the requirements of the Federal, State, County, and generally accepted accounting principles laws and regulations. 21.1.5 Upon written notice from County, provide a program-specific or financial audit. Such notice from County will specify the period to be covered by the audit, the type of audit and the deadline for completion and submission of the audit. 21.1.6 Assure that any audit conducted pursuant to this Agreement is performed by a qualified, independent accounting firm and submitted to County within six (6) months of completion of the audit required pursuant to this Section 21.0, unless a different time is specified by County. The audit submitted must include Subrecipient responses, if any, concerning any audit findings. 21.1.7 Pay all costs for any audit required or requested pursuant to this Section 2 1.0, unless the cost is allowable for payment with the grant funds provided pursuant to this Agreement under the appropriate federal or state grant law and the cost was specifically included in the Subrecipient grant budget approved by County. 21.2 Subrecipient status: 21.2.1 If Subrecipient is a "nonprofit corporation" that meets the definition of “corporation” in A.R.S. §10-3140, Subrecipient will comply with the applicable audit requirements set forth in A.R.S. § 11-624, “Audit of Non-Profit Corporations Receiving County Monies.” 21.2.2 If Subrecipient meets or exceeds the single audit threshold set forth in 2 C.F.R. Part 200, Subrecipient will comply with federal single audit requirements and, upon request from County, provide County with a copy of the required audit document within ninety (90) d ays following the end of Subrecipient’s fiscal year. 21.3 Subrecipient must timely submit the required or requested audit(s) to: Marana Regular Council Meeting 10/16/2018 Page 70 of 146 Dewey Cooper, Contract Specialist Pima County Community Development and Neighborhood Conservation 2797 E. Ajo Way, 3rd Floor Tucson, AZ 85713 22.0 COPYRIGHT Neither, Subrecipient nor its officers, agents or employees will copyright any materials or products developed through contract services provided or contract expenditures made under this Agreement without prior written approval by the County. Upon approval, the County will have a non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any copyrighted material. 23.0 PROPERTY OF THE COUNTY 23.1 Subrecipient is not the agent of County for any purpose and will not purchase any materials, equipment or supplies on the credit of County. 23.2 Any materials, including reports, computer programs and other deliverables, created under this Agreement are the sole property of County. Subrecipient is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Subrecipient will not use or release these materials without the prior written consent of County. 24.0 DISPOSAL OF PROPERTY Termination of this Agreement will not relieve any party from liabilities or costs already incurred under this Agreement, nor affect any ownership of property pursuant to this Agreement. 25.0 COORDINATION On matters relating to the administration of this Agreement, County will be Subrecipient's contact with all Federal, State and local agencies that provide funding for this Agreement. 26.0 PUBLIC RECORDS 26.1 Disclosure. Pursuant to Arizona Public Records law, A.R.S. § 39 -121 et seq., and A.R.S. § 34- 603(H) in the case of construction or architectural and engineering services procured under A.R.S. Title 34, Chapter 6, all documents submitted in response to the solicitation resulting in an award of this Agreement, including, but not limited to pricing schedules, product specifications, work plans, and any supporting documents, are public records. As such, those documents are subject to release and/or review by the general public upon request, including competitors. 26.2 Records Marked Confidential; Notice and Protective Order . 26.2.1 If Subrecipient reasonably believes that some of the records described in paragraph 26.1 above contain proprietary, trade-secret or otherwise-confidentia l information, Subrecipient must prominently mark those records “CONFIDENTIAL.” 26.2.2 In the event that a public records request is submitted to County for records marked “CONFIDENTIAL,” County will notify Subrecipient of the request as soon as reasonably possible. 26.2.3 County will release the records ten (10) business days after the date of notice provided pursuant to paragraph 26.2.2, unless Subrecipient has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the relea se of the records. Marana Regular Council Meeting 10/16/2018 Page 71 of 146 26.2.4 County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order. 27.0 ELIGIBILITY FOR PUBLIC BENEFITS Subrecipient will comply with applicable provisions of A.R.S. §§1 -501 and 1-502 regarding public benefits, which are hereby incorporated as provisions of this Agreement. 28.0 NO JOINT VENTURE It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Court employees, or between Court and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 29.0 REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each will be cumulative and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement. 30.0 SEVERABILITY Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law will be ineffective to the extent of such prohibition without invalidating the remaind er of this Agreement. 31.0 NO THIRD PARTY BENEFICIARIES Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marana Regular Council Meeting 10/16/2018 Page 72 of 146 32.0 ENTIRE AGREEMENT 32.1 This document constitutes the entire agreement between the parties pertaining to the subject matter hereof. 32.2 No verbal agreements or conversations with any officer, agent or employee of County prior to or after the execution of this Agreement will affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement will be considered as unofficial information and in no way binding upon County and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded a nd merged herein. IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date written below. THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS PIMA COUNTY SUBRECIPIENT Chairman, Board of Supervisors Mayor, Town of Marana Date: Date: _____________________ ATTEST ATTEST _____________________________________ ___________________________________ Clerk of the Board Town Clerk Date: Date: _____________________ APPROVED AS TO CONTENT: Director, Community Development and Neighborhood Conservation The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned Deputy County Attorney and the Town of Marana Attorney, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by Pima County and the Town of Marana. PIMA COUNTY: TOWN OF MARANA: Karen S. Friar, Deputy County Attorney Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 73 of 146 EXHIBIT A SCOPE OF WORK 1. Program Title: Management and Implementation of the Town of Marana Community Development Block Grant Program (“the CDBG Program”). 2. Program Purpose: The Program will provide the following eligible CDBG activities for income-qualified persons and households in Marana, Arizona: 2.1. Program Administration; 2.2. Colonia Neighborhood Cleanup, public service activities ; 2.3. Emergency Home Repair and Owner-Occupied Housing Rehabilitation. 3. Program Activities: 3.1. Program Administration. Subrecipient will provide eligible, general CDBG program administration functions and activities for the management and implementation of the CDBG program to the extent allowed under 24 CFR 570.206 . 3.2. Colonia Neighborhood Cleanup. Subrecipient will provide eligible, CDBG public service, crime prevention and public safety activities as allowable per 24 CFR 570.201(e). Activities may include, but are not limited to: 3.2.1. Select and identify neighborhoods where cleanup activities will take place. For each area selected: 3.2.1.1. Reach out to community representatives and groups to identify specific community cleanup needs; 3.2.1.2. Complete a thorough needs assessment for each suggested community cleanup activity; 3.2.1.3. Organize and hold or attend established community meetings to organize and plan Cleanups as appropriate; 3.2.1.4. Conduct activities; and 3.2.1.5. Provide addressing for homes as needed. 3.2.2. Procure, by competitive bidding and quotes, required materials, supplies and services to conduct the community cleanup activities, including, but not limited to: 3.2.2.1. Roll-off dumpsters; 3.2.2.2. Heavy equipment rental or operations costs, e.g. backhoes, front loaders, skid steers, and augers; 3.2.2.3. Trailers; 3.2.2.4. Safety equipment for workers and volunteers; 3.2.2.5. Hand and power tools; 3.2.2.6. T-shirts; and 3.2.2.7. Marketing flyers and posters promoting the project. Marana Regular Council Meeting 10/16/2018 Page 74 of 146 3.2.3. Purchase and plant trees and vegetation from the Pima County Nursery, if available . If Nursery plants are unavailable or the County N ursery does not have the appropriate plants; procure trees and vegetation from local providers by competitive bidding and quotes. 3.3. Emergency Home Repair & Owner Occupied Housing Rehabilitation. Subrecipient will provide CDBG housing activities, as allowable per 24 CFR 570.202, as follows: 3.3.1. Rank eligible applicants based on severity of health and safety issues in the home. Give priority to applicants most in need with special consideration given to households with elderly and/or disabled persons and with children 6 years of age and younger. 3.3.2. Complete an Environmental Review Record (ERR) for each home which is scheduled to be modified and secure County’s Environmental Officer Clearance prior to committing funds and carrying out work. 3.3.3. Prepare written scope of work of home repairs, adaptive construction, and safety hardware work to be completed. 3.3.4. For projects on homes built prior to 1978, comply with HUD’s Lead Safe Housing Rule (24 CFR Part 35), including, but not limited to: 3.3.4.1. Providing household occupants with the U.S. Environmental Protection Agency’s “The Lead-Safe Certified Guide to Renovate Right,” brochure available at: <www.cpsc.gov/s3fs-public/renovateright.pdf>. 3.3.4.2. Securing a signed disclosure from applicant seeking assistance confirming that they have received a copy of the brochure detailed in 3.3.4.1. 3.3.4.3. Obtaining a copy of the certificate from agency staff or contractors that demonstrates their familiarity with EPA’s Lead Renovation, Repair and Painting Rule (RRP Rule) (40 CFR Part 745, Subpart E) training on lead safe work practices. 3.3.4.4. Conducting a visual inspection of the property for chip ping, peeling or cracking paint. 3.3.4.5. Informing Pima County if the repair work will disturb more than two square feet of painted surface per room and conduct the following lead remediation activities: 3.3.4.5.1. Testing for lead. 3.3.4.5.2. Mitigate lead, if applicable, through the use of interim controls and other lead safe work practices. 3.3.4.5.3. Secure signed form from the occupant acknowledging they understand the lead identification and work that will be completed to eliminate the risk. 3.3.5. Obtain all necessary permits, if required. 3.3.6. Create a file for each applicant and retain for 4 years: 3.3.6.1. Copies of all agreements and authorizations obtained from applicant; 3.3.6.2. Records of disbursements made for work approved and completed; 3.3.6.3. Copies of onsite inspections by rehabilitation specialists, approvals of rehabilitation work, and the final inspection ; Marana Regular Council Meeting 10/16/2018 Page 75 of 146 3.3.6.4. Completed ERR; and 3.3.6.5. Signed lead disclosure forms, contractor(s) certifications, and occupant acknowledgements as applicable under 3.3.4. 3.3.7. Procure, by competitive quotes: 3.3.7.1. Eligible professional and outside services, as needed; and 3.3.7.2. Materials and supplies for emergency home repair, adaptive construction, and safety hardware including, but not limited to: 3.3.7.2.1. Plumbing; 3.3.7.2.2. Heating and cooling; 3.3.7.2.3. Electrical; 3.3.7.2.4. Flooring; 3.3.7.2.5. Exterior (roofing, windows, doors,); 3.3.7.2.6. Accessibility/Safety hardware; and 3.3.7.2.7. Lead renovation, repair and painting 3.3.8. Verify eligibility of applicants. Each household receiving assistance under this program must meet all of the following criteria: 3.3.8.1. Be owner-occupant of a site built or legally affixed manufactured home; 3.3.8.2. Have and provide a copy of recorded Property Deed to show evidence of property ownership, or provide a copy of the recorded Affidavit of Affixture, if the property is a manufactured home; 3.3.8.3. Have a household income at or below 80% Area Median Income (AMI); 3.3.8.4. Live in Town of Marana or surrounding incorporated communities in Pima County. 3.3.8.5. Have proof of flood insurance if the home is located in a Fe deral Emergency Management Agency Special Flood Hazard Area . 3.3.9. Accept and prioritize referrals from Pima County Community Development and Conservation Department. 4. Project goal/predicted outcomes: 4.1. Goal: Create viable communities that meet the needs of low- and moderate-income individuals and households through CDBG activities that promote decent housing, suitable living environments and expanded economic opportunities. 4.2. Predicted outcome: Individuals and households will have new or improved access to public services; facilities and receive critical home repair services. 5. Public benefit – CDBG National Objective and Eligible Activity: Upon completion, the Town of Marana CDBG Program will meet the HUD CDBG National Objective to assist low- and moderate-income persons and households. 6. Metrics available to measure performance : At a minimum : 6.1. Fourteen (14) neighborhood cleanups will be conducted in Colonia communities; and 6.2. Four (4) low- to moderate-income households will receive emergency home repair or owner- occupied housing rehabilitation to that address livability, safety, and accessibility needs. Marana Regular Council Meeting 10/16/2018 Page 76 of 146 7. Reports: 7.1. Subrecipient will provide quarterly reports to County for submission to HUD on County’s web-based application system at www.zoomgrants.com. The reports must include, but are not limited to , the following: 7.1.1. An accomplishment narrative describing program successes and challenges; 7.1.2. Number of persons benefiting from public facility improvement(s); 7.1.3. Number of emergency home repair and owner-occupied housing rehabilitation activities conducted including but not limit to the follow information as applicable: 7.1.3.1. Physical address of each housing unit assisted. 7.1.3.2. Household income calculated and identified by appropriate cohort per household as follows: 7.1.3.2.1. Extremely Low Income, at or below 30% Area Median Income (“AMI”) 7.1.3.2.2. Low Income, at or below 50% AMI 7.1.3.2.3. Moderate Income, at or below 80% AMI 7.1.3.3. Racial and Ethnic information of applicant or head of household, only. 7.1.3.4. Number of Female-headed households assisted. 7.1.3.5. Number of clients 62 years of age or older assisted. 7.1.3.6. Number of disabled clients assisted. 7.1.3.7. Lead paint requirements, as applicable, but not limited to: 7.1.3.7.1. Housing units constructed before 1978; 7.1.3.7.2. Exempt: housing units constructed 1978 or later; 7.1.3.7.3. Exempt: hard costs ≤$5,000.00; 7.1.3.7.4. Otherwise exempt; and 7.1.3.7.5. Lead hazard remediation actions, including: 7.1.3.7.5.1. Lead Hazard Work Practices (hard costs ≤ $5,000) 7.1.3.7.5.2. Interim Controls or Standard Practices (hard costs $5,000 - $25,000) 7.1.3.7.5.3. Abatement (hard costs > $25,000) 7.1.3.8. Number of persons benefiting from neighborhood cleanup activities. 7.2. All reporting provisions will survive the termination of this Agreement. 8. Budget: CDBG Activities Budget Administration $ 13,000.00 Colonia Neighborhood Cleanup $ 10,000.00 Emergency Home Repair $ 18,500.00 Owner Occupied Home Repair $ 18,500.00 Total $60,000.00 END OF EXHIBIT A Marana Regular Council Meeting 10/16/2018 Page 77 of 146 Marana Regular Council Meeting 10/16/2018 Page 78 of 146      Council-Regular Meeting   C7        Meeting Date:10/16/2018   To:Mayor and Council Submitted For:Hilary H. Hiser, Interim Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:October 16, 2018 Subject:Approve Study Session Meeting Minutes from September 25, 2018 and approve Regular Council Meeting Minutes from October 2, 2018 (Hilary H. Hiser) Attachments Draft Study Session Meeting Minutes 09/25/2018 Draft Regular Council Meeting Minutes 10/02/2018 Marana Regular Council Meeting 10/16/2018 Page 79 of 146 MARANA TOWN COUNCIL STUDY SESSION 11555 W. Civic Center Drive, Marana, Arizona 85653 Second Floor Conference Center, September 25, 2018, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member MINUTES CALL TO ORDER AND ROLL CALL : Vice Mayor Post called the meeting to order at 6:00 p.m. Interim Town Clerk Hilary Hiser called the roll. *Mayor Honea was absent at the time of roll call and **Council Member Bowen was excused at the time of roll call. With five council members present there was a quorum at the start of the meeting. Both Mayor Honea and Council Member Bowen arrived later in the meeting constituting a full quorum of the council. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Vice Mayor Post. APPROVAL OF AGENDA: Council Member Kai motioned to approve the agenda with a second provided by Council Member Comerford. Passed 5 -0, unanimously. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Administration; discussion and direction regarding partnering with Service Line Warranties of America to implement the National League of Cities Service Line Warranty Program for all water and sewer customers within t he Town of Marana. Presented by Jane Fairall, Deputy Town Attorney. Marana Regular Council Meeting 10/16/2018 Page 80 of 146 Ms. Fairall stated the Town received a proposal from the National League of Cities Service Line Warranty Program, which is a warranty insurance program for water and sewer lines on the property owner’s side of the water main. She indicated this is a national private insurance program that se veral Arizona municipalities currently participate in. Ms. Fairall explained that this agreement is a marketing agreement allowing the company to include the Town’s name and logo on its marketing material. She presented the Council a sample of the material from Pinal County and City of Phoenix. Ms. Fairall noted that the mailed materials disclose the nature of the relationship with the jurisdiction and indicate the Town is not responsible for waterline problems. This service is a voluntary service a homeowner may choose to purchase as an additional warranty against future waterline damage. The service is a monthly fee structure that the homeowner is responsible for paying. Returning to the proposed marketing agreement, Ms. Fairall explained that the Town would receive a $0.50 per month/per product paid fee annually to the Town with direct deposit to the General Fund. Council Member Officer asked if this service would go just to Marana residents and would show the Town’s logo. Ms. Fairall affirmed that the company’s mailing would have the logo and would be directed to all residents within the Town. Council Member Ziegler asked if this material makes it clear that the Town is not responsible should issues arise to a homeowner’s waterline. She thinks the program is a good opportunity for citizens, but she does not want the Town to be adversely affected since its name will appear on the material. Ms. Fairall responded that the Town would have no legal responsibility to provide services it is not normally required to provide. She noted that the marketing materials do have a stro ng disclaimer stating this service is independent and separate from the Town. Ms. Fairall conceded that there may be some confusion regarding responsibility, but the Town would need to direct citizens back to the warranty company for assistance. Council Member Kai expressed concerns about the program since it has the Town’s name on it. He wanted to know what the “upside” for taking this risk, since there is “no track record” with this business. Council Member Comerford wanted to confirm that the Town has a 60 day notice to terminate. Ms. Fairall noted that there is an initial three year term, but could not recall the exact timeframe for termination. Town Manager Jamsheed Mehta interjected that the current draft of the agreement is 90 day notice for termination at any point. Mr. Mehta noted that the current draft of the agreement is a three year term with the possibility of a one year extension. Council Member Comerford asked how many municipalities are currently participating in the program. Ms. Fairall responded that there are currently 27 municipalities participating in the program. She also informed the Council that 99.5 of the claims in the state were approved, with only tw o claims denied. Marana Regular Council Meeting 10/16/2018 Page 81 of 146 Ms. Fairall returned to the contract and stated that as currently written it is unclear if the 90 day termination requirement is at the end of the contract period or applicable at any point during the life of the contract. Ms. Fairall sta ted the Town would work with the service provider to clarify that language to ensure termination at any point a 90 day notice. Vice Mayor Post asked if this warranty program encompasses the homeowner’s entire property both inside and outside . Ms. Fairall referenced the company’s promotional material, which defining what the warrant program covers . Council Member Kai asked how many residents could apply for this program and what the benefit to the Town is . Ms. Fairall stated that any property owner within the jurisdictional boundary of the Town is eligible to enroll in the program. *Mayor Honea arrived on the dais at 6:13 p.m. Council Member Comerford motioned to approve the agreement with a termination clause for a 60 day notice rather than a 90 day notice timeframe. Council Member Officer provided the second. Motion passed 6 -0, unanimously. Vice Mayor Post indicated that with Mayor Honea’s arrival, the mayor would facilitate the remainder of the meeting. Mayor Honea apologized for his tardiness as he was with a local scout troop . D2 Presentation: Resolution No. 2018-091: Relating to Utilities; authorizing the creation of the Picture Rocks Water Treatment Campus capital project and the Airline/Lambert Water Treatment Campus capital project; authorizing the transfer of up to $2,000,000 in budgeted expenditure authority from the Wastewater Treatment Plan capital project (WR011) line item in the fiscal year 2018 -2019 budget to the newly created capital projects; and authorizing the application for a Clean Water State Revolving Fund loan from the Water Infrastructure Finance Authority of Arizona to fund the construction of water treatment works to remove perfluorinated compounds from Marana Water Department potabl e water. Presented by John Kmiec, Water Director and Erik Montague, Deputy Town Manager. Mr. Kmiec indicated this is a follow-up presentation to the August 14, 2018 Study Session regarding water quality and possible treatment solutions. He reminded the Council that Marana residents are served by both the Tucson Water system and the Marana Water system. At the previous meeting, the Council approved construction of a water treatment facility. Mr. Kmiec identified several goals going forward for the Picture Rocks water campus and the Airline/Lambert water campus that include the development of an advanced treatment process for each site, treatment that destroys and/or significantly reduces chemical contamination, and ensures final operations are effective/efficient to minimize long term operational costs. Mr. Kmiec presented several slides demonstrating the cleaning/treatment process. He also noted that the area surrounding the well is large enough to construct the necessary Marana Regular Council Meeting 10/16/2018 Page 82 of 146 treatment infrastructure. Mr. Kmiec explained that the costs of constructing both treatment facilities would range between $12.0 million dollars to $15.0 million dollars with the majority of the construction occurring in 2019. He wants to make sure that the designs are adequate to meet expected residential growth in the affected areas. Mr. Montague addressed the Council regarding the estimate project timeline. He noted that this project is complex and the Town has several procurement process methods. Due to the expedited need to ad dress the problem, the Town will be following Title 34, use the “constru ction manager at risk” procurement process. This estimated project schedule is 18 to 20 months. He noted that the length of the project timeline is due to the public procurement requirement because the Town was unable to use an existing cooperative contract for the construction/engineering. Staff will have to put together a solicitation package to start the procurement process with a construction manager at risk and a design firm. The construction manager at risk will help to expedite the process and ensure flexibility to address any issues that might arise during the project. Mr. Montague briefly touched on the formal borrowing p hase of the project timeline. He noted that the actual financing costs are variable, but form al borrowing needs to be complete before the construction phase . Given the timeframe of the project, the Town will need an immediate access to the cash to start and deliver the project. To determine the most efficient funding source s taff reviewed several viable funding options to pay for the project. Mr. Montague noted that most of the options available did not meet the project’s timeframe or cover the facilities’ total projected cost. Mr. Montague stated staff is asking Council for authorization to apply for the Water Infrastructure Financing Authority (WIFA) Loan as the preferred financing mechanism to provide the project its initial funding. He reminded Council that no formal action was required at this time regarding any possible revenue sources intended to pay for the debt; the Council is only authorizing the specific funding mechanism for the construction’s project. Mr. Montague stated staff would provide additional information regarding future revenue streams to pay for the debt and their possible impacts at a future date. Mr. Montague noted that in the future the Council would need to discuss an appropriate rate increase to cover the on-going operation costs for these two new treatment facilities. Vice Mayor Post asked for clarification regarding what Council is authorizing during the study session. Mr. Montague responded the Council is authorizing staff to create treatment facility projects by reallocating the budget to cover the costs of the projects and apply for the WIFA loan. He confirmed that staff would seek direction at a future date regarding possible revenue streams to payback the debt. Mr. Montague concluded his presentation with an overview of the staff’s communication strategy to engage residents regarding this process and provide resources for updated information through community meetings, social media posts, and a dedicated webpage on the Town’s website. Marana Regular Council Meeting 10/16/2018 Page 83 of 146 Mayor Honea noted there were several speaker cards submitted by the public regarding this item. Jack Neubeck addressed the Council and thanked them for working to address this water issue. He encouraged the Town to move forward with the project and work closely with the State of Arizona. He noted that developi ng strong relationships with state agencies would help to encourage the business community to locate to the Town. Ceci Lucero noted that the proposed resolution does not specifically mention 1,4 dioxane in its language and thought it should be directly stated in the resolution. She also commented on the pos sible future revenue streams required to fund the project asking the Council not raise residents’ property taxes. Mayor Honea responded that the Town of Marana does not utilize a secondary property tax. Ms. Lucero expressed her support of this project and hopes it will have a positive result. William Eldridge thanked the Council and staff for all the hard work regarding the clean-up efforts. He asked if the Town has done any follow -up regarding an analysis of the in-home residential water filters. Mr. Eldridge also asked the Council to consider providing some financial solutions, like discounted water bills and bottled water delivery, for those residents affected by the contamination. Shawna Larson expressed her concern about the extended timeline to address the contamination. She emphasized the need for a quick solution to address the needs of the more vulnerable residents, elderly, children, and residents with health problems. Ms. Larson also worri es that the treatment method employed to clean these contaminates from the water may not adequately clean other smaller chained chemical compounds. She would like the Council and staff to consider providing residents a short term water solution while the treatment facilities are under construction. **Council Member Bowen arrived on the dais at 6:59 p.m. Council Member Ziegler asked for clarification regarding financing and its total timeline for loan repayment. Mr. Montague responded that WIFA loans are typically 20 years. Council Member Ziegler followed -up with a question regarding the possibility of a variable interest rate over the life of the loan. Mr. Montague stated the loan rate is fixed over the 20 year term and staff anticipates a rate of about 3 percent. Council Member Ziegler also asked how the water rate structure would be impacted regarding the construction of these treatment facilities. Mr. Montague explained the Town will start its formal water rate study in the months to come and it will include the current costs and cost consideration for future needs. The actual calculations of the rate structure will include several operating assumptions that will meet the needs of the utili ty. He explained that if the Town’s goal is to sustain a self -supporting enterprise for water, the most likely rate recommendation would reflect that intended goal. Mr. Montague stated the Town would need to incorporate the on -going operating expenses for the treatment facility into the rate structure . However, he stated that the final rate structure is a policy decision adopted by the Council. Mr. Montague again clarified that adopted rate structure would not apply towards the capital expenses associated with Marana Regular Council Meeting 10/16/2018 Page 84 of 146 the construction of the treatment facilities , only for repayment of the debt. Any future rate increase would include the operating expenses the treatment facilities and the necessary debt repayment schedule for the WIFA loan. Council Member Ziegler agreed that the rate structure should cover the operating costs of the facilities. Council Member Ziegler asked that the proposed communication plan regarding the project updates include a central location on the website and links back to the Water Department’s webpage . Council Member Ziegler again asked staff to make a determination about financially helping residents currently receiving contaminated water during the construction of the treatment facilities . Town Attorney Frank Cassidy advised the Council that the proposed resolution would be modified to include specific mention of 1,4 dioxane. Vice Mayor Post motioned to approve the resolution with the inclusion of the new language, with a second provided by Council Member Kai. Motioned passed unanimously, 7-0. 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 regardi ng 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 : Council Member Officer motioned to adjourn at 7:13 p.m., with a second provided by Council Member Bowen. Motion passed unanimously, 7 -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 September 25, 2018. I further certify that a quorum was present. ____________________________________ Hilary H. Hiser, Interim Town Clerk Marana Regular Council Meeting 10/16/2018 Page 85 of 146 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers October 2, 2018, 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 John Officer, Council Member Roxanne Ziegler, Council Member MINUTES CALL TO ORDER AND ROLL CALL: Mayor Honea called the meeting to order at 7:00 p.m. Interim Town Clerk Hilary Hiser called the roll. Vice Mayor Post was excused, six council members were present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA: Council Member Bowen motioned to approve the agenda, with a second provided by Council Member Kai. Motion passed 6-0, unanimously. CALL TO THE PUBLIC: Anthony Cerasani addressed the Council expressing his frustration with a neighbor parking his work vehicle with a trailer on the street and blocking Mr. Cerasani’s driveway. Mr. Cerasani contacted the Marana Police Department to have his neighbor cited, but was informed that there was no parking violation. Mr. Cerasani stated he would like the Town to consider adopting a parking waiver to address this issue. He Marana Regular Council Meeting 10/16/2018 Page 86 of 146 presented the Council a copy of the response from MPD and also pictures of the parking violation. David Morales asked the Council to consider slowing its annexation plans for future growth. He is concerned about the availability of water to meet the needs of the town’s growing population. He cited the impending water issues as an example of the need to slow the Town’s growth and take a “time-out”. Jack Ferguson thanked the Marana Police Department and other first responders for their service. He reminded the Council the need to provide consistent and timely information related to the water quality issues within the Town. Mr. Ferguson asked the Council to be firm regarding their decisions related to water treatment and emphasized the need for accurate information from the Town. He wants timely and consistent information regarding this process. PROCLAMATIONS P1 Proclaiming October 10, 2018 as Imagine a Day Without Water, an organized effort to highlight the critical importance of reliable access to clean water and the necessary investment in infrastructure that protects this valuable resource (Hilary H. Hiser) P2 Proclaiming October 2018 as Domestic Violence Awareness Month and joining those organizations around the State of Arizona working to combat this issue through advocacy and awareness education (Hilary H. Hiser) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS: Council Member Officer congratulated staff for the successful Farm Festival event held on September 29, 2018. He noted it was well attended and a welcoming event for families. Council Member Ziegler wanted to respond to Mr. Ferguson’s comments regarding open communication related to the water quality issues. Council Member Ziegler read a post from the “Water Quality Taskforce” forum (a group of Marana residents living in the affected areas) using the Nextdoor social media app. The post instructed residents living in the affected areas to contact the Town of Marana to receive a rate discount on their water bill or a financial stipend for bottled water. Council Member Ziegler noted that although she has asked staff to consider some remedy for residents living in the impacted area regarding bottled water, she categorically refuted the possibility of discounting water bills for those living in the affected area. Council Member Ziegler wanted to clarify that the Town will not offer discounted rates for water users in the Marana Regular Council Meeting 10/16/2018 Page 87 of 146 area. She expressed concern that residents were receiving misinformation from their neighbors and asked residents using the Nextdoor app to contact Marana staff for correct information. Council Member Ziegler stated that the Council would formally address the bottled water comment and the filtered water comment once staff has made a thorough investigation of the issue. Mayor Honea reported that he and Council Member Comerford attended the Pinewood Derby fundraiser for the Boy Scouts. He and Council Members Comerford and Officer also attended a presentation last week from the Monsanto Company regarding their proposed project. Mayor Honea also attended the Pinal County Mayor’s group last week working to strengthen the bonds with Pinal County. Mayor Honea also complimented staff on the Farm Festival event and citizen turnout. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS: Town Manager Jamsheed Mehta informed the Council that the new Council Executive continues to show strong permit application numbers for the month of September. Although the residential permit applications have slowed since the summer months, the overall trend for 2018 is up from 2017. Mr. Mehta noted that since the Council’s September 25 Study Session, staff has sent out solicitations for the Request for Proposals for the design and construction management of the treatment facilities. He also stated staff has applied for the Water Infrastructure Finance Authority loan for $15 million. Mr. Mehta stated that if residents want more accurate information regarding this issue they should contact staff. Council Member Bowen asked if there is an estimated timeline for the RFP, the plant’s physical construction, and if that information is available on the website. Mr. Mehta responded that staff did present an estimated timeline to the Council at the September 25 Study Session. He indicated that staff can upload that presentation to the website and will periodically track the project’s timeline on the website for residents as the project progresses. Council Member Bowen expressed concern that putting the timeline on the website may give residents the false impression that the timeline is a firm guarantee, rather than an estimate. Council Member Ziegler also expressed support for posting the timeline to the Town’s website and the water page. She wants to ensure there is some form of on-going communication between the Town and residents regarding the project’s progress. Mr. Mehta responded that construction of the treatment facilities is a significant capital project that does require planning prior to construction. He noted that this project has both the contract selection and procurement process occurring concurrently to expedite the planning phase of the project, which is still several months long. Marana Regular Council Meeting 10/16/2018 Page 88 of 146 PRESENTATIONS CONSENT AGENDA: Council Member Kai motioned to approve the consent agenda with a second provided by Council Member Bowen. Motion passed 6-0, unanimously. C1 Resolution No. 2018-092: Relating to Development; approving a release of assurances for Gladden Farms Blocks 7 & 13 and accepting public improvements for maintenance (Keith Brann) C2 Resolution No. 2018-093: Relating to Public Works; approving and authorizing the Mayor to execute a Memorandum of Understanding between Pima Association of Governments and the Town of Marana for Programming and Funding of Adonis Road Extension (TIP ID 22.16) (Keith Brann) C3 Resolution No. 2018-094: Relating to Administration; approving the transfer of $200,000 in budgeted expenditure authority from the Half Cent Sales Tax Fund in the fiscal year 2018-2019 budget to the RICO Fund for the purchase of equipment for the Marana Public Safety Facility (Keith Brann) C4 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Conveyance System Master Plan (WR014) professional services agreement with HDR Engineering in the amount of $58,099; authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (John Kmiec) C5 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Tangerine Rd Corridor, I10 to Town (ST021) project construction contract with Tangerine Corridor Constructors in the amount of $21,300.00 for work at Tangerine Sky Community Park (PK014); authorizing the transfer of appropriations if necessary for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order (Dan Grossman) C6 Approval of the Regular Town Council Meeting Minutes from September 18, 2018 (Hilary H. Hiser) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Marana Regular Council Meeting 10/16/2018 Page 89 of 146 ITEMS FOR DISCUSSION / POSSIBLE ACTION 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. No report. EXECUTIVE SESSIONS: Council Member Bowen motioned to move to executive session, with a second provided by Council Member Comerford. Motion passed 6-0, unanimously. The Council left the dais at 7:32 p.m. 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) for discussion or consultation for legal advice with the Town’s attorneys regarding A.R.S. § 48-724 (“dissolution of district”) and Red Hawk Canyon Community Facilities District No. 1, Red Hawk Canyon Community Facilities District No. 2, and Dove Mountain Resort Community Facilities District. 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: The Council returned to the dais from Executive Session at 7:49 p.m. Council Member Bowen motioned to adjourn the meeting at 7:51 p.m., with a second provided by Council Member Kai. Motion passed 6-0, unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 2, 2018. I further certify that a quorum was present. ________________________________________ Hilary H. Hiser, Interim Town Clerk Marana Regular Council Meeting 10/16/2018 Page 90 of 146      Council-Regular Meeting   L1        Meeting Date:10/16/2018   To:Mayor and Council Submitted For:Hilary H. Hiser, Interim Town Clerk From:Suzanne Sutherland, Executive Assistant to the Town Clerk Date:October 16, 2018 Subject:Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a series #4 wholesaler liquor license application submitted by Michael Donald Hurley on behalf of Borderland Spirits LLC, located at 5650 W. Coca Cola Pl., Marana, AZ 85743 (Hilary H. Hiser) Discussion: This application is for a series #4 wholesaler liquor license at Borderland Spirits LLC, 5650 W. Coca Cola Pl., Marana, AZ 85743.    Pursuant to state law, the application was posted at the premises where the business is to be conducted.  The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk’s Office within 20 days of the posting.  Any written arguments received by the Clerk’s Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC).   Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business.  Additionally, the Marana Police Department has conducted a local background check.    The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application.  Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and “in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the Marana Regular Council Meeting 10/16/2018 Page 91 of 146 best interests of the community will be substantially served by the issuance of a license.”   If the Council’s recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation.   If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing.  If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application.   At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license.  The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1:   I move to adopt and submit to the DLLC an order recommending approval of a new series #4 wholesaler liquor license application submitted by Michael Donald Hurley on behalf of Borderland Spirits LLC, located at 5650 W. Coca Cola Pl., Marana, Arizona 85743.   OPTION 2:    I move to adopt and submit to the DLLC an order recommending disapproval of a new series #4 wholesaler liquor license application submitted by Michael Donald Hurley on behalf of Borderland Spirits LLC, located at 5650 W. Coca Cola Pl., Marana, Arizona 85743. Attachments Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Marana Regular Council Meeting 10/16/2018 Page 92 of 146 Marana Regular Council Meeting 10/16/2018 Page 93 of 146 Marana Regular Council Meeting 10/16/2018 Page 94 of 146 Marana Regular Council Meeting 10/16/2018 Page 95 of 146 Marana Regular Council Meeting 10/16/2018 Page 96 of 146 Marana Regular Council Meeting 10/16/2018 Page 97 of 146 Marana Regular Council Meeting 10/16/2018 Page 98 of 146 Marana Regular Council Meeting 10/16/2018 Page 99 of 146 Marana Regular Council Meeting 10/16/2018 Page 100 of 146 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A.R.S. § 4-201(C) 1. City or Town of: __________________________________________ Liquor License Application #:_______________________________ (Circle one) (Arizona application #) 2. County of: _______________________________________________ City/Town/County #: ______________________________________ 3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2), ______________________________________________________ ______________________________________________________ (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The ___________________________________ at a ________________________________ meeting held on the __________________ of (Governing body) (Regular or special) (Day) _____________________, ____________ considered the application of _______________________________________________________ (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application ______________________________________________, (Arizona liquor license application #) for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for _____________________________________________________. (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________ (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Page 1 of 1 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 10/16/2018 Page 101 of 146 Series 4 Wholesaler This non-transferable liquor license allows a wholesaler to warehouse, sell and distribute all types of spirituous liquor (beer, wine, distilled spirits) to Arizona-licensed retailers. Series 6 Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Marana Regular Council Meeting 10/16/2018 Page 102 of 146 Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. Marana Regular Council Meeting 10/16/2018 Page 103 of 146      Council-Regular Meeting   A1        Meeting Date:10/16/2018   To:Mayor and Council From:Ryan Fagan, Planner Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:PUBLIC HEARING: Ordinance No. 2018.019: Relating to Development; amending Marana Town Code Title 17 (Land Development Code) section 17-6-4 (height of buildings and structures) to delete existing language generally requiring building setbacks to be equal to or greater than the building height and to add language allowing additional height for ornamental elements of buildings and structures; and establishing an effective date (Ryan Fagan) Discussion: Many local jurisdictions in Arizona and throughout the United States have zoning height exceptions for ornamental elements such as clock towers and steeples, with design and location limitations to preserve views and neighborhood character. Marana does not currently have exceptions for ornamental elements. Architect Bruce Call has applied for an amendment to Title 17 (Land Development Code) section 17-6-4 (height of buildings and structures) of the Town Code to allow additional height for ornamental elements of buildings and structures. Although not included in Mr. Call's application, staff also recommends deleting existing language in Section 17-6-4 that generally requires setbacks to equal or exceed building heights. This existing language conflicts with Mr. Call's proposed amendment and with other existing sections of the Land Development Code. The Planning Commission heard two versions of the proposed amendment at a public hearing on September 26, 2018. Both versions of the amendment proposed to allow ornamental elements exceptions to height limits in all zones, subject to conditions. Staff’s version of the amendment limited the height of ornamental elements to no greater than their distance from the closest property line. Mr. Call’s version included this limit, Marana Regular Council Meeting 10/16/2018 Page 104 of 146 but allowed exceptions with approval of a conditional use permit. The Planning Commission unanimously voted 5-0 (with Commissioners Hill and Miller absent) to recommend approval of Mr. Call's version. Town staff is now proceeding to Council with Mr. Call's version as recommended by the Planning Commission. Staff Recommendation: Staff recommends the adoption of Ordinance No. 2018.019, approving an amendment to Town Code section 17-6-4 (height of buildings and structures) to add a height exception for ornamental elements of buildings and structures and to delete existing conflicting language. Suggested Motion: I move to adopt Ordinance No. 2018.019, approving an amendment to Town Code section 17-6-4 (height of buildings and structures) to add a height exception for ornamental elements of buildings and structures and to delete existing conflicting language. Attachments Ordinance No. 2018.019 LDC Height Exception Diagram LDC Height Exception Amendment TC Marana Regular Council Meeting 10/16/2018 Page 105 of 146 MARANA ORDINANCE NO. 201 8.019 RELATING TO DEVELOPMENT; AMENDING MARANA TOWN CODE TITLE 17 (LAND DEVELOPMENT CO DE) SECTION 17-6-4 (HEIGHT OF BUILDINGS AND STRUCTURES) TO DELET E EXISTING LANGUAGE GENERALLY REQUIRING BUILDING SETBACKS TO BE EQUAL TO OR GREATER THAN THE B UILDING HEIGHT AND TO ADD LANGUAGE ALLOWING ADDITIONAL HEIGHT FOR ORNAMENTAL ELEMENTS OF BUILDINGS AND STR UCTURES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the revisions adopted by this ordinance were the subject of a September 26, 2018, Marana Planning Commission public hearing and received a recommendation of approval by a vote of five in favor and none opposed, with the recommendation that exceptions to building height limits be allowed in all zones as an outright permitted use subject to restrictions , with additional height and reduced setbacks allowed as a conditional use; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interest of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. Section 17-6-4 (Height of buildings and structures ) of the Marana Town Code is amended as follows (with deletions shown with strikeouts and additions shown with double underlining ): 17-6 -4 Height of buildings and structures No building or structure, with the exception of a fence or wall that is not higher than six feet in height and which is not part of a building, shall be allowed to extend to a height greater than the shortest distance for the base of the building or structure to the nearest point on the closest property line of the lot on which said building or structure is situated. A. Additional height is allowed for ornamental elements of buildings and structures such as belfries, clock towers, cupolas, domes, spires, and steeples, subject to the following provisions: 1. The element is an integral part of the building's architecture. 2. The element is not for human occupancy. Marana Regular Council Meeting 10/16/2018 Page 106 of 146 3. The element is not used for signage. 4. The element shall be set back at least one foot from all property lines for every foot of height above finished grade. Where the zoning setback exceeds the height of the element, the zoning setback shall apply. 5. Elements higher than 50% above the zoning height limit, or that do not conform to the increased setbacks specified in section 17 -6 -4.A.4., shall: a. require a conditional use permit b. require a viewshed and shadow analysis showing the impact on nearby properties c. have a combined footprint not exceeding 25% of the roof area of the principal building 6. Lighting or direct illumination of any part of the element above the zoning height limit shall require a conditional use permit. B. Multiple architectural elements may be considered separately when determining setbacks and the applicability of section 17 -6-4.A.5. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penal ties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall become effective on November 16, 2018. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana , Arizona, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 107 of 146 A.Additional height is allowed for ornamental elements of buildings and structures such as belfries, clock towers, cupolas, domes, spires, and steeples, subject to the following provisions: 1.The element is an integral part of the building's architecture. 2.The element is not for human occupancy. 3.The element is not used for signage. 4.The element shall be set back at least one foot from all property lines for every foot of height above finished grade. Where the zoning setback exceeds the height of the element, the zoning setback shall apply. 5.Elements higher than 50% above the zoning height limit, or that do not conform to the increased setbacks specified in section 17-6- 4.A.4., shall: a.require a conditional use permit b.require a viewshed and shadow analysis showing the impact on nearby properties c.have a combined footprint not exceeding 25% of the roof area of the principal building 6.Lighting or direct illumination of any part of the element above the zoning height limit shall require a conditional use permit. B.Multiple architectural elements may be considered separately when determining setbacks and the applicability of section 17-6-4.A.5. •Proposed Amendment •Up to 50% above zoning height limit approved administratively •1:1 increased setback above zoning height limit •Additional height or waiver of 1:1 setback requires: •Conditional Use Permit •Viewshed analysis •Shadow analysis •Less than 25% of roof area Zoning setback Allowed zoning height 50% additional height allowed administratively, subject to 1:1 setback Property line Additional height or waiver of 1:1 setback requires: •CUP •Viewshed analysis •Shadow analysis •Less than 25% of roof area Amendment to Section 17-6-4 of the Town Code (Height of Buildings and Structures) Title 17 (Land Development Code) Marana Regular Council Meeting 10/16/2018 Page 108 of 146 PCM1808-002 Amendment to Section 17-6-4 of the Town Code (Height of Buildings and Structures) Title 17 (Land Development Code) Ryan Fagan, Planner Town Council – October 16, 2018 Marana Regular Council Meeting 10/16/2018 Page 109 of 146 Summary Request: Allow exceptions to zoning height limits in all zones Existing code •No building or structure height exception Proposed amendment •Exception for ornamental elements of buildings only •Must be an integral part of building’s architecture •No human occupancy •No signage •Any lighting above zoning height requires CUP •Up to 50% above zoning height limit with increased setback •Further increases and waiver of increased setbacks wi th CUP + other requirements Marana Regular Council Meeting 10/16/2018 Page 110 of 146 Other Jurisdictions’ Height Exceptions •Pima County and Sahuarita •Public/quasi-public buildings: up to 44 feet total allowed, with increase in building setback of one foot for every one foot of height over zoning limit •Chimneys, cupolas, etc. exempted •Oro Valley •Certain elements allowed extra 7-10 feet in commercial zones •No extra height in residential zones •Queen Creek •Belfries, cupolas, steeples, spires, domes, chimneys, and other elements exempted •Tucson •Spires, cupolas, belfries, clock towers, domes, etc. allowed extra 10 feet •More than 10 extra feet requires special exception procedure and design review board recommendation •Phoenix •Spires, belfries, cupolas, domes, chimneys, and other elements exempted •Surprise •Ornamental features exempted; building set back at least one foot for each foot over zoning height •Marshfield, WI •Public/semi-public buildings: up to 75 feet, with 2 feet of building setback for every 1 foot of height over 40 feet. •Bend, OR •Extra 10 feet allowed for spires, steeples, chimneys, etc. in commercial zones •Santa Monica, CA •Varies; +10 feet allowed for spires, domes, cupolas, etc. •Maximum 10% coverage of building roof area Marana Regular Council Meeting 10/16/2018 Page 111 of 146 Example Property line For illustrative purposes only. Not a proposed project. Marana Regular Council Meeting 10/16/2018 Page 112 of 146 Example Allowed zoning height •Existing code •No exceptions to zoning height limits Property line Zoning setback Current building envelope For illustrative purposes only. Not a proposed project. Marana Regular Council Meeting 10/16/2018 Page 113 of 146 Zoning setback Allowed zoning height 50% additional height Property line •Proposed amendment •Up to 50% above zoning height limit approved administratively •1:1 increased setback above zoning height limit •Additional height or waiver of 1:1 setback requires: •Conditional Use Permit •Viewshed analysis •Shadow analysis •Less than 25% of roof area Allowed subject to CUP and other requirements Example For illustrative purposes only. Not a proposed project. Marana Regular Council Meeting 10/16/2018 Page 114 of 146    Council-Regular Meeting   A2        Meeting Date:10/16/2018   To:Mayor and Council From:Starla Anderson, Deputy Finance Director Date:October 16, 2018 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Under Principle Statement 1, Initiative 2(a) provides that the Town shall provide a responsive, community and service-oriented professional police department and ensure facilities and support areas are consistent with best practices and professional norms. Subject:Ordinance No. 2018.020: Relating to Transaction Privilege Tax; amending the Town Tax Code by decreasing the tax rate on certain activities by one-half cent; amending Sections 8-460 (Retail sales; measure of tax; burden of proof; exclusions) and 8-610 (Use tax:  imposition of tax; presumption)  of the Town Tax Code by repealing Local Option V of the Model City Tax Code which established a two-tiered tax structure for certain sales/purchases; and designating an effective date (Starla Anderson) Discussion: At the July 1, 2014, Council Meeting, Council requested a public outreach plan be developed explaining the need and funding options for a police facility. The plan was presented to Council at the August 12 Study Session and Council directed staff to implement the public outreach/education plan as proposed.    On February 17, 2015, Council approved Resolution 2015-020 which directed Town staff to initiate the process to adopt a dedicated one-half percent sales tax to be used for the design and construction, and fixtures, furniture and equipment for a new police department building with an effective date of July 1, 2015 for the new tax. On April 28, 2015, Council approved Ordinance 2015.011 which did the following: Increased the transaction privilege tax rate by one-half percent on all classifications except;  Construction Contracting under Town Tax Code Sections 8-415, 8-416, 8-417; Hotel/Motel – Additional Tax under Town Tax Code Section 8-447, and; 1. Marana Regular Council Meeting 10/16/2018 Page 115 of 146 Mining under Town Tax Code Section 8-432. Adopted Local Option V of the Model City Tax Code to impose a two-level tax structure on sales/purchases of "big-ticket" items and cause the portion of any single item purchase over $5,000 to be taxed at the lower tax rate (2%). 2. Required that the Finance Director notify the Arizona Department of Revenue to cease collection of the increase at the earliest opportunity after $18,000,000 is collected pursuant to the sales tax increase. 3. Required that the proceeds from the tax increase be placed in a newly established fund for the design and construction, and fixtures, furniture and equipment for the new police department building. 4. Provided that if the Town collects more money pursuant to the tax increase adopted by this ordinance than is necessary for the design and construction, and fixtures, furniture and equipment for the new police department building, the Town shall use the excess proceeds for other costs related to the new police building, including but not limited to, operating costs, landscaping, and design and construction of drainage improvements. 5. Set an effective date of July 1, 2015 for the tax rate increase.6. Authorized Town staff to perform all actions necessary to give effect to the ordinance. 7. The approval of tonight's ordinance will fulfill Council's commitment to repeal the temporary half percent sales tax when the targeted amount of revenue is collected for the police facility. Based on current collections and conservative projections, staff believes that the collection of $18,000,000 will be met with the December 2018 sales tax collections. A summary of collections to date is included in the agenda materials. Thus, staff recommends repealing the half percent sales tax effective January 1, 2019. As previously directed, any collections in excess of $18,000,000 will be used for other costs related to the new police building, including but not limited to, operating costs, landscaping, and design and construction of drainage improvements. If the ordinance is approved, staff will provide notice to the Municipal Tax Code Commission and the Arizona Department of Revenue within 10 days of approval (A.R.S. §42-6053(E)). Financial Impact: Fiscal Year:2019 Budgeted Y/N:Y Amount:$2.5M - $3M Based upon current collections and conservative estimates from the independent tax analysis and forecast report by Elliott D. Pollack & Company, the Town anticipates that the one-half percent sales tax will generate the remaining portion of the targeted $18 Million with the December 2018 collections.  The amount to be collected in the current fiscal year is estimated to be $2.5 million to $3 million. Staff Recommendation: Marana Regular Council Meeting 10/16/2018 Page 116 of 146 Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2018.020, amending the Town Tax Code by decreasing the tax rate on certain activities by one-half cent; amending Sections 8-460 and 8-610 of the Town Tax Code by repealing Local Option V of the Model City Tax Code which established a two-tiered tax structure for certain sales/purchases; and designating an effective date. Attachments Ordinance No. 2018.020 Half Cent Collections Marana Regular Council Meeting 10/16/2018 Page 117 of 146 MARANA ORDINANCE NO. 2018.020 RELATING TO TRANSACTION PRIVILEGE TAX; AMENDING THE TOWN TAX CODE BY DECREASING THE TAX RATE ON CERTAIN ACTIVITIES BY ONE-HALF CENT; AMENDING SECTIONS 8-460 (RETAIL SALES; MEASURE OF TAX; BURDE N OF PROOF; EXCLUSIONS) AND 8-610 (USE TAX: IMPOSIT ION OF TAX; PRESUMPT ION) OF THE TOWN TAX CODE BY REPEALING LOCAL OPTION V O F THE MODEL CITY TAX CODE WHICH ESTABLISHED A TWO -TIERED TAX STRUCTURE FOR CERTAIN SALES/PURCHASES; AND DESIGNATING AN EFFECTIVE DATE WHEREAS A.R.S. §42-6002 provides a procedure for the levy of transaction priv i- lege taxes by a city or town; and WHEREAS A.R.S. §9-240 provides that the Town Council shall have control of the finances of the town; and WHEREAS the Town Council has adopted the Model City Tax Code as d efined by A.R.S. §42-6051; and WHEREAS the Town Council adopted title 8 of the Marana Town Code, adopting the tax code of the Town of Marana (“Town Tax Code”) and any amendments to it via O r- dinance No. 96.03; and WHEREAS the Model City Tax Code includes an optional Local Option V establish- ing a two-tiered tax structure for certain sales/purchases; and WHEREAS on April 28, 2015, the Town Council adopted Ordinance No. 2015.011 amending the Town Tax Code to adopt a dedicated one-half cent sales tax for the design and construction, and fixtures, furniture and equipment for a new police department buil ding, and to adopt Local Option V of the Model City Tax Code ; and WHEREAS Section 3 of Ordinance No. 2015.011 provides that w hen the Town has collected $18,000,000 pursuant to the sales tax increase, the Finance Director shall notify the Arizona Department of Revenue to cease collection of the increase at the earliest oppor- tuni ty, in accordance with legal and administrative requirements then in effect ; and WHEREAS the Town anticipates that it will reach $18,000,000 in collections pursu- ant to the sales tax increase set forth in Ordinance No. 2015.011 as of the December 2018 sales tax collections ; and WHEREAS the Town Council finds that it is in the best interests of th e community to amend the Town Tax Code to repeal the sales tax increase set forth in Ordinance Marana Regular Council Meeting 10/16/2018 Page 118 of 146 No. 2015.011, and to repeal Local Option V of the Model City Tax Code pursuant to the terms of this ordinance . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AR IZONA, AS FOLLOWS: SECTION 1. The tax rate for all activities taxed in the Town Tax Code , except those activities listed in this section, is hereby decreased by one -half cent. The tax rate in each of the following sections of the Town Tax Code shall not be decreased pursuant to this ord i- nance: A. Construction Contracting under Town Tax Code Sections 8-415, 8-416, 8-417 B. Hotel/Motel – Additional Tax under Town Tax Code Section 8-447 C. Mining under Town Tax Code Section 8-432 SECTION 2. The Town hereby repeals Local Option V of the Model City Tax Code as follows: A. Section 8-460 of the Town Tax Code (Retail sales; measure of tax; burden of proof; exclusions) is hereby amended to delete paragraph (d) as follows (with deletions shown with strikeouts and additions shown with double underlining): Sec. 8-460. Retail sales: measure of tax; burden of proof; exclusions. [paragraphs (a) through (c) remain unchanged] (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds five thousand dollars ($5,000.00), the two and one-half percent (2.5%) tax rate shall apply to the first $5,000.00. Above $5,000.00, the measure of tax shall be at a rate of two percent (2%). (Reserved) [paragraphs (e) through (g) remain unchanged] B. Section 8-610 of the Town Tax Code (Use tax: imposition of tax; presumption) is hereby amended to delete paragraph (e) as follows (with deletions shown with strikeouts and additions shown with double underlining): Sec. 8-610. Use tax : imposition of tax; presumption. [paragraphs (a) through (d) remain unchanged] (e) Notwithstanding the provisions of subsection (a) above, when the amount subject to the tax for any single item of tangible personal property exceeds five thousand dollars ($5,000.00), the two and one-half percent (2.5%) tax rate shall apply to the first $5,000.00. Above $5,000.00, the measure of tax shall be at a rate of two percent (2%). (Reserved) SECTION 3. The various town officers and employees are authorized and directed to pe rform all acts necessary or desirable to give effect to this ordinance. Marana Regular Council Meeting 10/16/2018 Page 119 of 146 SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resol u- tions, or motions of the Council in conflict with the provisions of this ord inance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this o r- dinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining por- tions of this ordinance. SECTION 6. This ordinance shall become effective on January 1, 2019. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 120 of 146 ORIGINAL ESTIMATE ACTUAL COLLECTIONS SURPLUS/(DEFICIT)%VAR FY QTR MONTH MONTHLY EST CUMULATIVE EST MONTHLY ACT CUMULATIVE ACT MONTHLY CUMULATIVE FROM EST Jul-15 400,647$ 400,647$ 334,714$ 334,714$ (65,933)$ (65,933)$ -16.5% Aug-15 400,647 801,294 379,355 714,069 (21,292)(87,225)-10.9% Sep-15 400,647 1,201,941 341,662 1,055,731 (58,985)(146,210)-12.2% Oct-15 400,647 1,602,588 392,444 1,448,175 (8,203)(154,413)-9.6% Nov-15 400,647 2,003,235 412,232 1,860,407 11,585 (142,828)-7.1% Dec-15 400,647 2,403,882 500,967 2,361,374 100,320 (42,508)-1.8% Jan-16 400,647 2,804,529 379,391 2,740,765 (21,256)(63,764)-2.3% Feb-16 400,647 3,205,176 393,833 3,134,598 (6,814)(70,578)-2.2% Mar-16 400,647 3,605,823 438,641 3,573,239 37,994 (32,584)-0.9% Apr-16 400,647 4,006,470 383,093 3,956,332 (17,554)(50,138)-1.3% May-16 400,647 4,407,117 428,129 4,384,461 27,482 (22,656)-0.5% Jun-16 400,647 4,807,764 390,534 4,774,995 (10,113)(32,769)-0.7% Jul-16 438,941 5,246,705 394,682 5,169,677 (44,259)(77,028)-1.5% Aug-16 438,941 5,685,646 417,297 5,586,974 (21,644)(98,672)-1.7% Sep-16 438,941 6,124,587 390,945 5,977,919 (47,996)(146,668)-2.4% Oct-16 438,941 6,563,528 415,010 6,392,929 (23,931)(170,599)-2.6% Nov-16 438,941 7,002,469 419,686 6,812,615 (19,255)(189,854)-2.7% Dec-16 438,941 7,441,410 547,972 7,360,587 109,031 (80,823)-1.1% Jan-17 438,941 7,880,351 396,946 7,757,533 (41,995)(122,818)-1.6% Feb-17 438,941 8,319,292 402,228 8,159,761 (36,713)(159,531)-1.9% Mar-17 438,941 8,758,233 460,567 8,620,328 21,626 (137,905)-1.6% Apr-17 438,941 9,197,174 438,734 9,059,062 (207)(138,112)-1.5% May-17 438,941 9,636,115 428,272 9,487,334 (10,669)(148,781)-1.5% Jun-17 438,941 10,075,056 430,660 9,917,994 (8,281)(157,062)-1.6% Jul-17 464,973 10,540,029 436,819 10,354,813 (28,154)(185,216)-1.8% Aug-17 464,973 11,005,002 444,865 10,799,678 (20,108)(205,324)-1.9% Sep-17 464,973 11,469,975 416,833 11,216,511 (48,140)(253,464)-2.2% Oct-17 464,973 11,934,948 426,228 11,642,739 (38,745)(292,209)-2.4% Nov-17 464,973 12,399,921 478,352 12,121,091 13,379 (278,830)-2.2% Dec-17 464,973 12,864,894 566,566 12,687,657 101,593 (177,237)-1.4% Jan-18 464,973 13,329,867 421,398 13,109,055 (43,575)(220,812)-1.7% Feb-18 464,973 13,794,840 427,559 13,536,614 (37,414)(258,226)-1.9% Mar-18 464,973 14,259,813 504,533 14,041,147 39,560 (218,666)-1.5% Apr-18 464,973 14,724,786 470,021 14,511,168 5,048 (213,618)-1.5% May-18 464,973 15,189,759 457,541 14,968,709 (7,432)(221,050)-1.5% Jun-18 464,973 15,654,732 475,538 15,444,247 10,565 (210,485)-1.3% Jul-18 490,514 16,145,246 430,026 15,874,273 (60,488)(270,973)-1.7% Aug-18 490,514 16,635,760 Sep-18 490,514 17,126,274 Oct-18 490,514 17,616,788 Nov-18 490,514 18,107,302 Dec-18 Totals 18,107,302$ 15,874,273$ 88% of funding target EST 41 Months ACT 37 Months 90% of time estimate NOTE: Actual collections based on MODIFIED ACCURAL (FS presentation purposes)Year 1: 2015-2016Qtr 1 Qtr 2 Qtr 3 Qtr 4 Year 3: 2017-2018Qtr 1 Qtr 2 Qtr 3 Qtr 4Year 2: 2016-2017Qtr 1 Qtr 2 Qtr 3 Qtr 4 Year 4: 2018-20Qtr 1 Qtr 2 Marana Regular Council Meeting 10/16/2018 Page 121 of 146 (271) 0 0 0 0 0 ($400)($200)$0 $200 $400 $600 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18Qtr 1Qtr 2Year 4: 2018-2019Thousands Dedicated Taxes Monthly Estimate to Actual MONTHLY EST MONTHLY ACT MONTHLY CUMULATIVE $0 $10 $20 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18Qtr 1Qtr 2Year 4: 2018-2019Millions Cumulative Collections Estimate to Actual CUMULATIVE EST CUMULATIVE ACT Marana Regular Council Meeting 10/16/2018 Page 122 of 146      Council-Regular Meeting   A3        Meeting Date:10/16/2018   To:Mayor and Council From:Frank Cassidy, Town Attorney Date:October 16, 2018 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2018-100: Relating to Development; approving and authorizing the Mayor to sign the Third Amendment to the Gladden Farms II Development Agreement (Frank Cassidy) Discussion: The Town Council recently approved the Second Amendment to the Gladden Farms II Development Agreement (GFII DA 2nd Amendment) on August 7, 2018. A copy is included in the backup materials for this agenda item. After approval of the GFII DA 2nd Amendment, the Gladden II Developer's representatives realized that a couple of the new amendment's provisions were affecting the Developer's negotiations with home builders: Paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements”), subparagraph ii (“Timing of construction”) is unclear about how the 400-permit restriction and two-year time limitation related to the construction of Gladden Farms Park soccer fields is to be enforced. Three subdivision blocks, containing a total of 347 lots, have already been or are in the process of being sold to builders, who need assurance that their residential building permits will not be withheld if the master developer doesn't timely begin construction of the soccer fields. If approved, the proposed Third DA Amendment will allow the three subdivision blocks to move forward unaffected by the time and permit limits, but will only allow up to 53 more residential building permits in the rest of Gladden Farms II before construction of the soccer fields begins. Paragraph 4 (“Sewers”) subparagraph b (“Offsite conveyance capacity”) of the GFII DA 2nd Amendment has two errors.  It incorrectly states that all of Gladden II is subject to certain described offsite Marana Regular Council Meeting 10/16/2018 Page 123 of 146 sewer capacity issues, when in fact the offsite sewer capacity issues only affect those portions of Gladden II that are served by the Tangerine/Downtown Sewer Conveyance System. Blocks located in the southwest portion of Gladden II are not served by the Tangerine/Downtown Sewer Conveyance System. It implies that offsite sewer conveyance capacity issues are imminent. They are not. The sewer constriction in question will only become an issue if development tributary to the sewer constriction exceeds Town projections enough to cause the sewer constriction to reach its capacity. Subparagraph 4b was written as if capacity commitments tributary to the constriction were actual flows -- as if the sewer was already carrying the flows of a built-out Saguaro Bloom. In reality, unless the pace of construction far exceeds current expectations, much of Saguaro Bloom is anticipated to remain unbuilt by 2021, when the Town is scheduled to construct improvements to eliminate the sewer constriction. As a result, the sewer will likely continue to have adequate capacity to serve Gladden II and other development tributary to the sewer constriction. The proposed Third DA Amendment will correct these errors. Staff Recommendation: Staff recommends adoption of Resolution No. 2018-100, approving and authorizing the Mayor to sign the Third Amendment to the Gladden Farms II Development Agreement. Suggested Motion: I move to adopt Resolution No. 2018-100, approving and authorizing the Mayor to sign the Third Amendment to the Gladden Farms II Development Agreement. Attachments Resolution No. 2018-100 GFII DA 3rd Amendment GFII DA 2nd Amendment Marana Regular Council Meeting 10/16/2018 Page 124 of 146 MARANA RESOLUTION NO. 2018-100 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE THIRD AMENDMENT TO THE GL ADDEN FARMS II DEVELOPMENT AGREEMENT WHEREAS GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC (collectively the “Developers”) are the current master developers of the Gladden Farms II development project; and WHEREAS the Town and the Developers’ predecessor in interest entered into the Gladden Farms II Development Agreement recorded in the Pima Cou nty Recorder’s office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the “Original Agreement”); and WHEREAS the Town and the Developers’ predecessor in interest entered into the First Amendment to the Gladden Farms II Development Agr eement recorded in the Pima County Recorder’s office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the “GFII DA 1st Amendment”), amending the Original Agreement; and WHEREAS the Town and the Developers entered into the Second Ame ndment to the Gladden Farms II Development Agreement recorded in the Pima County Recorder’s office on August 8, 2018, at Sequence 20182200093 (the “GFII DA 2 nd Amendment”), further amending the Original Agreement and the GFII DA 1 st Amendment; and WHEREAS the GFII DA 2nd Amendment included language in paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements”), subparagraph ii (“Timing of construction”) that is unclear about how a permit and time limitation is to be enforced; and WHEREAS the GFII DA 2nd Amendment included language in paragraph 4 (“Sewers”) subparagraph b (“Offsite conveyance capacity”) that incorrectly (i) stated that all of Gladden II is subject to certain described offsite sewer capacity issues and (ii) implied that the offsite sewer conveyance capacity issues are imminent; and WHEREAS the Mayor and Council find that entering into the Third Amendment to the Gladden Farms II Development Agreement, which clarifies paragraph 2 and corrects paragraph 4 of the GFII DA 2nd Amendment, is in the best interest of the Town. Marana Regular Council Meeting 10/16/2018 Page 125 of 146 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Third Amendment to the Gladden Farms II Development Agreement between the Town of Marana and the Developers in substantially the form included with the agenda backup material accompanying this resolution is hereby approved, the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana, and the Town’s Manager and staff ar e hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out its terms, obligations, and objectives . PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona , this 16th day of October, 2018. Mayor Ed Honea ATTEST: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 10/16/2018 Page 126 of 146 THIRD AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS THIRD AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT (“this Third Amendment”) is made by and between the TOWN OF MARANA (the “Town”), an Arizona municipal corporation, GLADDEN PHASE II, LLC, a Delaware limited liability company, and GLADDEN PHASE II DEV, LLC, a Delaware limited liability company . GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC are together referred to as the “Developer.” The Town and the Developer are collectively referred to in this Third Amendment as the “Parties,” each of which is sometimes individually referred to as a “Party.” RECITALS A. The development project commonly known as Gladden Farms II and referred to in this Third Amendment as “Gladden II” consists of the land area included within the Gladden Farms II Specific Plan. B. The Gladden Farms II Specific Plan was established by the March 7, 2006 adoption of Marana Ordinance No. 2006.03 , recorded in the Pima County Recorder’s office on March 10, 2006 at Docket 12758, Page 2240 (Sequence 20060470590). C. The Gladden Farms II Specific Plan was amended by the December 19, 2006 adoption of Marana Ordinance No. 2006.35, recorded in the Pima County Recorder’s office on December 21, 2006 at Docket 12956, Page 1622 (Sequence 20062450465). D. The Gladden Farms II Specific Plan was further amended by the March 6, 2018 adoption of Marana Ordinance No. 2018.006, recorded in the Pima County Recorder’s office on March 9, 2018 at Sequence 20180680060. E. The original developer of Gladden II was FC/M GLADDEN II, L.L.C., an Arizona limited liability company, whose interests in Gladden II were sold to the Developer in 2013. F. The Developer owns most of the remaining undeveloped land in Gladden II, including the land referred to in this Third Amendment as the “Subject Property,” which consists of all of the land that is the subject of the Amended Final Block Plat of Gladden Farms Blocks 28, 31-34, 37, 38, 42, and 43, recorded in the office of the Recorder of Pima County, Arizona, on April 20, 2018, at Sequence 2018 1100137. Marana Regular Council Meeting 10/16/2018 Page 127 of 146 G. The Parties acknowledge the following agreements, referred to in this Third Amendment as the “Prior Agreements ,” affecting the development of the Subject Property, some terms of which are modified or clarified by this Third Amendment: i) The “Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on March 10, 2006, at Dock et 12758, Page 2249 (Sequence 20060470594) (the “Original GFII DA”). ii) The “First Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on December 21, 2006, at Docket 12956, Page 1633 (Sequence 20062450467) (the “GFII DA 1st Amendment”). iii) The “Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II” recorded in the Pima County Recorder’s office on November 9, 2012, at Sequence 20123140233 (the “GFII DIF DA”). iv) The “Second Amendment to the Gladden Farms II Development Agreement” recorded in the Pima County Recorder’s office on August 8, 2018, at Sequence 20182200093) (the “GFII DA 2nd Amendment”). H. Title to the Subject Property is held by FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the “Developer” under the Prior Agreements as amended by this Third Amendment. I. The remaining ri ghts, obligations, and interests of FC/M GLADDEN II, L.L.C under the Prior Agreements were assumed by the Developer pursuant to the “Assignment and Assumption Agreement for Municipal Development Agreement” recorded in the Pima County Recorder’s office on January 31, 2013, at Sequence 20130310504. J. The GFII DA 2nd Amendment included language in paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements ”), subparagraph ii (“Timing of construction”) that is unclear about how a permit and time limitation is to be enforced. K. The GFII DA 2nd Amendment included language in paragraph 4 (“Sewers”), subparagraph b (“Offsite conveyance capacity”) that incorrectly (i) stated that all of Gladden II is subject to the described offsit e sewer capacity issues and (ii) implied that the offsite sewer conveyance capacity issues are imminent. L. The Parties understand and acknowledge that this Third Amendment is a “Development Agreement” within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. M. This Third Amendment is consistent with the portions of the Town’s General Plan applicable to Gladden II. Marana Regular Council Meeting 10/16/2018 Page 128 of 146 AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Third Amendment, the Parties hereby agree as follows: 1. The Developer’s representation of ownership. By entering into this Third Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the “Developer” under the Prior Agreements as amended by this Third Amendment, represent that that they are the sole beneficiaries of and are entitled to enter this Third Amendment on behalf of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,423. 2. Community park improvements. Paragraph 2 (“Community park improvements”), subparagraph a (“Description of improvements”), subparagraph ii (“Timing of construction”) of the GFII DA 2nd Amendment is hereby deleted and replaced with the fo llowing: Timing of construction. The Developer is required to commence construction of the Public Park Improvements at the time of issuance of the 400 th residential building permit within Gladden II, but in no event later than two years after the issuance of the first residential building permit within Gladden II, and to diligently pursue completion of the Public Park Improvements within 12 months thereafter. As of the date of this Third Amendment, the Developer has sold, or is in the process of selling, Gl adden Farms Block 35 (consisting of a subdivision with 105 lots), Gladden Farm Block 39 (consisting of a subdivision with 123 lots), and Gladden Farms Block 40/41 (consisting of a subdivision with 119 lots ). Under the 400-lot limitation of this subparagrap h, the Town shall issue building permits for all of the combined 347 lots of these three referenced subdivisions, even if later than two years after the issuance of the first residential building permit within Gladden II. The Town shall issue building permits for the first 53 lots for which permits are applied for on or before two years after the issuance of the first residential building permit within Gladden II. No further residential building permits shall be issued for h omes within Gladden II unless and until the Developer has commenced construction of the Public Park Improvements. If the Developer has not diligently pursued completion of the Public Park Improvements by three years after the issuance of the first resident ial building permit within Gladden II, no further residential building permits shall be issued for homes within Gladden II until the Public Park Improvements are substantially completed. 3. Sewers. Paragraph 4 (“Sewers”), subparagraph b (“Offsite conveyance c apacity”) of the GFII DA 2nd Amendment is hereby deleted and replaced with the following: Offsite conveyance capacity. The T/D Gravity Sewer is tributary to a line capacity limitation that is referred to in this paragraph as the “Sewer Conveyance Constriction,” discussed in the 2017 Sewer Impact Fee Infrastructure Improvement Plan adopted by Marana Resolution No. 2017 090 dated September 19, 2017. The Marana Regular Council Meeting 10/16/2018 Page 129 of 146 Sewer Conveyance Constriction is currently scheduled to be remedied by a development impact fee -funded Town construction project in the year 2021 —long before the Town anticipates that actual flow volumes will approach the capacity limit at the Sewer Conveyance Constriction. The portions of Gladden II that will be connected to the T/D Gravity Sewer may be affect ed by the Sewer Conveyance Constriction if development tributary to the Sewer Conveyance Constriction exceeds Town projections enough to cause the Sewer Conveyance Constriction to reach its capacity, and if this condition is not remedied by other similarly situated owners or developers. Under this condition, the Developer may need to augment the downstream public sewer system to provide the conveyance capacity necessary to proceed with further Gladden II development that will be connected to the T/D Gravity Sewer. 4. Term. This Third Amendment shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Third Amendment. 5. Extension of term. Unless sooner terminated by the mutual consent of the Parties, the term of the Original GFII DA, the GFII DA 1st Amendment, the GFII DA 2nd Amendment, and this Third Amendment shall automatically terminate and shall thereafter be void for all purposes on June 30, 2035. 6. Effect on the Prior Agreements and other agreements. Except as expressly modified in this Third Amendment or in the Prior Agreements, the terms, provisions and obligations of the Prior Agreements shall remain in full force and effect. Nothing in this Third Amendment is intended to modify other agreements not mentioned in this Third Amendment that affect the development of Gladden II, and the failure of this Third Amendment to mention such other agreements shall not affect their validity. 7. Counterparts. This Third Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such sig nature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8. Recitals. The Recitals set forth at the beginning of this Third Amendment are hereby acknowledged and confirmed to be ac curate. 9. Good standing; authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Delaware and is authorized to do business in the state of Arizona. The Town represents and warrants to the Dev eloper that it is an Arizona municipal corporation with authority to enter into this Third Amendment under applicable state laws. Each Party represents and warrants that the individual executing this Third Amendment on its behalf is authorized and empowere d to bind the Party on whose behalf each such individual is signing. Marana Regular Council Meeting 10/16/2018 Page 130 of 146 10. Severability. If any provision of this Third Amendment is declared void or unenforceable, it shall be severed from the remainder of this Third Amendment, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Third Amendment, this Third Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Third Amendment. 11. Governing law . This Third Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word “litigation” in the preceding sentence shall constitu te a waiver of paragraph 9.5 of the Original GFII DA, requiring disputes to be resolved by binding arbitration. 12. Interpretation. This Third Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Third Amendment for purposes of construing any portion of this Third Amendment for or against any party. 13. Recordation. The Town shall record this Third Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 14. No representations of development. Except as specifically set forth in this Third Amendment, nothing contained in this Third Amendment shall be deemed to obligate the Town or the Developer to complete any part or all of the development of Gladden II. 15. Approval. If any Party is required pursuant to this Third Amendment to give its prior written approval, consent or permis sion, such approval, consent or permission shall not be unreasonably withheld or delayed. 16. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Third Amendment by reason of “force majeure,” then the failure to observe or perform such covenant or condition shall not constitute a default under this Third Amendment so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. “Force majeure,” as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, “acts of God,” strikes, lock -outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrec tion; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to set tle strikes, lock -outs and other disturbances of employer/employee relations or to settle legal or administrative Marana Regular Council Meeting 10/16/2018 Page 131 of 146 proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 17. Conflict of interest. This Third Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, the Parties have executed this Third Amendment 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: Hilary H. Hiser, Interim Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The “Developer”: GLADDEN PHASE II, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: GLADDEN PHASE II DEV, LLC, a Delaware limited liability company By: Frank J. Walter III Authorized Signatory Date: STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2018, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II, LLC, a Delaware limited liability company, on behalf of the LLC. (Seal) Notary Public Marana Regular Council Meeting 10/16/2018 Page 132 of 146 STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on , 2018, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II DEV, LLC, a Delaware limited liability company , on behalf of the LLC. (Seal) Notary Public Marana Regular Council Meeting 10/16/2018 Page 133 of 146 F. ANN RODRIGUEZ, RECORDER 111111100111111111111111111111RecordedBy: RLL vol 1744DEPUTYRECORDER400, SEQUENCE: 20182200093 4992 11`I NO. PAGES:13 SMARA n il'08/ 08/2018 TOWN OF MARANA PICKUP 1411014Q 9:47: 52 SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT TOWN OF MARANA,ARIZONA THIS SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT("this Second Amendment") is made by and between the TOWN OF MARANA (the "Town"), an Arizona municipal corporation, GLADDEN PHASE II, LLC, a Delaware limited liability company, and GLADDEN PHASE II DEV, LLC, a Delaware limited liability company. GLADDEN PHASE II,LLC and GLADDEN PHASE II DEV,LLC are together referred to as the Developer." The Town and the Developer are collectively referred to in this Second Amendment as the "Parties," each of which is sometimes individually referred to as a Party."ty. RECITALS A. The development project commonly known as Gladden Farms II and referred to in this Second Amendment as "Gladden II" consists of the land area included within the Gladden Farms II Specific Plan. B. The Gladden Farms II Specific Plan was established by the March 7,2006 adoption of Marana Ordinance No. 2006.03, recorded in the Pima County Recorder's office on March 10,2006 at Docket 12758, Page 2240 (Sequence 20060470590). C. The Gladden Farms II Specific Plan was amended by the December 19, 2006 adoption of Marana Ordinance No. 2006.35, recorded in the Pima County Recorder's office on December 21,2006 at Docket 12956,Page 1622 (Sequence 20062450465). D. The Gladden Farms II Specific Plan was further amended by the March 6, 2018 adoption of Marana Ordinance No. 2018.006, recorded in the Pima County Recorder's office on March 9,2018 at Sequence 20180680060. E. In connection with the Developer's request for amendments to the on-site private community park obligations under the Gladden Farms II Specific Plan and the Town's eventual modification of those obligations with the adoption of Marana Ordinance No. 2018.006, the Developer agreed to fund the construction of certain community park improvements at Gladden Farms Community Park. One of the purposes of this Second Amendment is to memorialize that agreement. F. The original developer of Gladden II was FC/M GLADDEN II, L.L.C., an Arizona limited liability company, whose interests in Gladden II were sold to the Developer in 2013. 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 1- 15 Marana Regular Council Meeting 10/16/2018 Page 134 of 146 G. The Developer owns most of the remaining undeveloped land in Gladden II, including the land referred to in this Second Amendment as the "Subject Property," which consists of all of the land that is the subject of the Amended Final Block Plat of Gladden Farms Blocks 28,31-34, 37,38,42, and 43, recorded in the office of the Recorder of Pima County, Arizona, on April 20, 2018, at Sequence 20181100137. H. Title to the Subject Property is held by FIDELITY NATIONAL TITLE AGENCY,INC., an Arizona corporation, as Trustee under Trust No. 60,423, whose sole beneficiaries are GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the Developer" under the Prior Agreements as amended by this Second Amendment. I. The Parties acknowledge the following agreements, referred to in this Second Amendment as the "Prior Agreements," affecting the development of the Subject Property, some terms of which are modified or clarified by this Second Amendment: i) The "Gladden Farms II Development Agreement" recorded in the Pima County Recorder's office on March 10, 2006, at Docket 12758, Page 2249 (Sequence 20060470594) (the"Original GFII DA"). ii) The "First Amendment to the Gladden Farms II Development Agreement" recorded in the Pima County Recorder's office on December 21,2006,at Docket 12956, Page 1633 (Sequence 20062450467) (the"GFII DA 1st Amendment"). iii) The"Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II" recorded in the Pima County Recorder's office on November 9, 2012, at Sequence 20123140233 (the "GFII DIF DA"). J. The remaining rights, obligations, and interests of FC/M GLADDEN II,L.L.0 under the Prior Agreements were assumed by the Developer pursuant to the "Assignment and Assumption Agreement for Municipal Development Agreement" recorded in the Pima County Recorder's office on January 31, 2013, at Sequence 20130310504. K. Many changed circumstances have occurred since the Parties' 2006 execution of the Original GFII DA and the GFII DA 1st Amendment, including without limitation all of the following: i) The formation of the Tangerine Farms Road Improvement District and the completion of construction of Tangerine Road improvements to serve the subregion that includes Gladden II. ii) The Town's completion of construction of the Tangerine/Downtown Conveyance System,Town of Marana Project No. WR010,the offsite sewer that serves the subregion that includes Gladden II. iii) The Town's inclusion in development impact fee programs of public potable water and sewer infrastructure projects needed to serve the subregion that includes Gladden II. 00057063.DOCX/6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 2- Marana Regular Council Meeting 10/16/2018 Page 135 of 146 iv) The Town's transfer to Cortaro Marana Irrigation District of the non-potable water system that serves the subregion that includes Gladden II. L. During the Town's public meeting discussions of whether to undertake the construction of the Tangerine/Downtown Conveyance System,Town staff expressed its intention to seek fair-share reimbursement from benefited properties for a portion of the Town's cost to construct the gravity portion of Phase I and Phase II of Town of Marana Project No. WR010, referred to in this Agreement as the "T/D Gravity Sewer." To that end, Town staff is in the process of bringing forward for Council consideration a T/D Gravity Sewer protected main fee, to be payable by all development served by the T/D Gravity Sewer. M. The Developer's predecessor in interest spent$90,000 on the design of the portion of the T/D Gravity Sewer that serves Gladden II. The Developer authorized the Town to use the plans, and the Town incorporated the plans in the design of Phase I of the Tangerine/Downtown Conveyance System project. N. The Parties understand and acknowledge that this Second Amendment is a Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. 0. This Second Amendment is consistent with the portions of the Town's General Plan applicable to Gladden II. AGREEMENT Now,THEREFORE,in consideration of the foregoing premises and the mutual promises and agreements set forth in this Second Amendment, the Parties hereby agree as follows: 1. The Developer's representation of ownership. By entering into this Second Amendment, GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC, who together are the Developer" under the Prior Agreements as amended by this Second Amendment, represent that that they are the sole beneficiaries of and are entitled to enter this Second Amendment on behalf of FIDELITY NATIONAL TITLE AGENCY,INC.,an Arizona corporation, as Trustee under Trust No. 60,423. 2. Community park improvements. a. Obligation. The Developer will provide additional public recreational facilities at the Gladden Farms Community Park to be located within property owned by the Town. i. Description of improvements. The improvements will include two full-size soccer fields, field lighting, a restroom, driveway and parking facilities, parking lot lighting, benches, park furnishings, landscaping, and asphalt pathways (the Public Park Improvements"), all as conceptually shown on Exhibit A attached to and incorporated by this reference in this Second Amendment. 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 3- Marana Regular Council Meeting 10/16/2018 Page 136 of 146 ii. Timing of construction. The Developer is required to commence construction of the Public Park Improvements at the time of issuance of the 400th residential building permit within Gladden II, but in no event later than two years after the issuance of the first residential building permit within Gladden II,and to diligently pursue completion of the Public Park Improvements within 12 months thereafter. iii. Town ownership and maintenance.Subject to satisfactory completion,the Town will own and maintain the Public Park Improvements as a component of the Town's public park system and will be responsible for any future expansion and improvements to either the Gladden Farms Community Park or the adjacent Marana Heritage Park. b. Park development impact fees. Paragraph 8.3 ("Park development impact fees and credits") of the Original GFII DA is hereby deleted. Not later than the Developer's completion of the Public Park Improvements, the Town will provide credit in accordance with A.R.S. § 9-463.05 against the Town's then-existing Parks and Recreation Facilities Development Impact Fee, which is currently $2,461 per equivalent demand unit(EDU) per Marana Ordinance Nos. 2014.012 and 2017.029. 3. Transportation improvements. Exhibit C attached to and incorporated by reference in paragraph 2.9 of the GFII DA 1st Amendment is hereby replaced with Exhibit B attached to and incorporated by this reference in this Second Amendment. a. Clark Farms Boulevard at Moore Road. The existing dedicated public right-of-way of Clark Farms Boulevard at and north of Moore Road does not line up with the dedicated public right-of-way of Clark Farms Boulevard in Gladden II. The Town is responsible for the acquisition of public right-of-way necessary to construct the Clark Farms Boulevard alignment north of Moore Road so that it aligns with Clark Farms Boulevard in Gladden II. b. Clark Farms Boulevard north of Tangerine Road. i. Roadway construction.Paragraph 2.11 of the GFII DA 1st Amendment includes a provision that states that the Developer "shall be responsible for one-half of the cost of Clark Farms Boulevard in any area where [Clark Farms Boulevard] abuts Gladden II] on only one side." If the Town or the adjacent landowner is not willing and able to provide the other one-half of the cost of Clark Farms Boulevard when the Developer is required or desires to construct this portion of Clark Farms Boulevard,the quoted provision of paragraph 2.11 of the GFII DA 1st Amendment is modified to require the Developer to construct the west half of the ultimate four- lane Clark Farms Boulevard wherever Clark Farms Boulevard abuts Gladden II on only one side. For purposes of this requirement, the west half shall include the westernmost two lanes of Clark Farms Boulevard, plus any shoulders, multi-use lanes, turn lanes, and similar appurtenances required to allow the western two lanes to function as a safe public roadway independent of the later-constructed eastern two lanes of Clark Farms Boulevard. 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 4- Marana Regular Council Meeting 10/16/2018 Page 137 of 146 ii. Right-of-way. The Town shall be responsible to acquire, through dedication or condemnation,all Clark Farms Boulevard public right-of-way necessary for the construction of the portion of Clark Farms Boulevard addressed by the immediately preceding paragraph of this Second Amendment. c. Onsite roads. The Developer shall construct onsite roads associated with the development of Gladden II pursuant to standard subdivision infrastructure assurance agreements, and consistent with the Prior Agreements as amended by this Second Amendment. d. Traffic signals. This paragraph replaces paragraph 2.12 of the GFII DA 1st Amendment. When deemed warranted by the Town (but in any event not later than final release of assurances for the final subdivision within Gladden II), the Developer shall pay all of the following: i. The total estimated cost of the Town's design and construction of traffic signals at the Moore Road/Mike Etter Boulevard intersection if it is a T-intersection with three legs; provided, however, that the responsibility is reduced to half of the estimated cost if the intersection has a northern driveway/ roadway connection. ii. Half of the estimated cost of the Town's design and construction of traffic signals at the Moore Road/Clark Farms Boulevard, Clark Farms Boulevard/Mike Etter Boulevard, and Clark Farms Boulevard/Tangerine Road intersections. e. Approach lanes. This paragraph replaces paragraph 2.13 of the GFII DA 1st Amendment. With the initial construction of the applicable roadway, the Developer has the option of constructing the full,ultimate roadway configurations shown on the approved November 2017 Traffic Impact Analysis Addendum for the year 2040 anticipated traffic volumes, but in any event shall at a minimum provide all of the following: i. Southbound Midfield Road approaching Tangerine Road shall have two lanes (a left turn lane and a right turn lane). ii. Eastbound Mike Etter Boulevard approaching Clark Farms Boulevard shall have two lanes (a left turn lane and a right turn lane). iii. Northbound Mike Etter Boulevard approaching Moore Road shall have two lanes (a left turn lane and a right turn lane). iv. Northbound Clark Farms Boulevard approaching Moore Road shall have three lanes (a left turn lane, a through lane, and a combined through/right turn lane). v. Southbound Clark Farms Boulevard approaching Tangerine Road shall have two lanes (a left turn lane and a combined through/right turn lane). 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 5- Marana Regular Council Meeting 10/16/2018 Page 138 of 146 f. Turn lanes. This paragraph replaces paragraph 2.14 of the GFII DA 1st Amendment. The Developer shall design and construct the following turn lanes concurrently with the initial construction of the applicable roadway: i. A westbound left-turn lane and an eastbound right-turn lane on Moore Road at its intersection with Mike Etter Boulevard. ii. A southbound left-turn lane on Clark Farms Boulevard at its intersection with the entry road to Block 29. iii. A left-turn lane on northbound Clark Farms Boulevard at Mike Etter Boulevard. iv. A right-turn lane on southbound Clark Farms Boulevard at Mike Etter Boulevard. g. Roundabout. This paragraph replaces paragraph 2.15 of the GFII DA Pt Amendment. The Developer shall design and construct a roundabout at the intersection of Mike Etter Boulevard and Midfield Road with its initial construction. 4. Sewers. a. Offsite sewer. i. Each Gladden II connection to the T/D Gravity Sewer shall be responsible for payment of a fair-share reimbursement for its portion of the Town's cost to construct the T/D Gravity Sewer,payable upon application for a building permit, in the amount set forth in the T/D Gravity Sewer protected main fee currently under consideration by the Town,which is anticipated to be in an amount of about 520 per equivalent demand unit (a standardized measure of the demand that a unit of development in a particular category of development generates for necessary public services in relation to the demand generated by a detached single-family dwelling unit). ii. If the T/D Gravity Sewer protected main fee is adopted, the Town will pay the Developer$50 per T/D Gravity Sewer protected main fee payment for the first 1,800 such payments (both from within and outside Gladden II), in quarterly payments made within 30 days following the end of each calendar quarter, until the Developer has been reimbursed $90,000 for the cost of the sewer plans (see recital M above). b. Offsite conveyance capacity. As of the date of this Second Amendment, the offsite sewer conveyance system serving Gladden II has line capacity limitations that are discussed in the 2017 Sewer Impact Fee Infrastructure Improvement Plan adopted by Marana Resolution No. 2017-090 dated September 19, 2017. These conveyance capacity limitations are currently scheduled to be remedied by a development impact fee-funded Town construction project in the year 2021. When the Town determines that the sewer conveyance system has reached its capacity, no further sewer connections will be permitted unless and until the line capacity limitations have been 00057063.DOCX/6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 6- Marana Regular Council Meeting 10/16/2018 Page 139 of 146 remedied. The Town will notify the Developer if and when the rate of development upstream of the line capacity limitations causes the Town to believe that the conveyance system may reach its capacity before the development impact fee-funded Town construction project is expected to be completed. The Town will make every reasonable effort to provide the notification early enough to allow the Developer and other members of the development community to avoid a temporary interruption of sewer connections by advancing the construction at their own cost. c. Onsite sewers. The Developer shall construct onsite sewers associated with the development of individual subdivisions within Gladden II pursuant to standard subdivision infrastructure assurance agreements. 5. Water infrastructure. a. Non-potable system. Paragraph 5.4 ("Non-potable system") of the Original GFII DA is deleted and replaced with the following: The Developer shall develop and construct a secondary non-potable irrigation system, dedicated to the Cortaro-Marana Irrigation District in accordance with its requirements, to distribute non-potable water to common areas and other landscaped areas owned or to be owned by the homeowners' association within Gladden II. b. Onsite potable water distribution system. The Developer shall construct onsite potable water distribution infrastructure associated with the development of individual subdivisions within Gladden II pursuant to standard subdivision infrastructure assurance agreements and Marana Water requirements. c. Offsite potable water obligations. Paragraph 8.5 ("Water system infrastructure development impact fees and credits")of the Original GFII DA is hereby deleted,and the Developer is relieved of any obligation to construct the water system infrastructure listed in subparagraphs 8.5.2.1, 8.5.2.2, and 8.5.2.3 of the Original GFII DA, as partially modified by paragraph 2.20 of the GFII DA 1st Amendment. The Town shall be responsible for the development and construction of all offsite potable water infrastructure and resource obligations to serve Gladden II,funded with Town- adopted development impact fees. 6. School land dedication. Paragraph 6.5 ("Contribution in lieu of school land dedication")of the Original GFII DA is hereby modified to provide that if Marana Unified School District requests dedication and the Developer dedicates a school site, then the contribution may be adjusted in accordance with an agreement between the Developer and the Marana Unified School District. 7. Current transportation impact fee as applied in Gladden II. The Town's current Northwest Street Facilities Development Impact Fee is$3,719 per equivalent demand unit EDU), per Marana Ordinance No. 2017.029. With the $3,706 per EDU credit under the GFII DIF DA, the current transportation impact fee is $13 per EDU in Gladden II. 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 7- Marana Regular Council Meeting 10/16/2018 Page 140 of 146 8. Developer's joint and several rights and responsibilities. GLADDEN PHASE II, LLC and GLADDEN PHASE II DEV, LLC have joint and several rights and responsibilities as the Developer" under the Prior Agreements as amended by this Second Amendment. 9. Term. This Second Amendment shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Second Amendment. 10. Extension of term. Unless sooner terminated by the mutual consent of the Parties, the term of the Original GFII DA and the GFII DA 1st Amendment and this Second Amendment shall automatically terminate and shall thereafter be void for all purposes on June 30, 2035. Paragraph 12.1 ("Term") of the Original GFII DA and paragraph 3.1 Term") of the GFII DA 1st Amendment are hereby modified. 11. Effect on the Prior Agreements and other agreements. Except as expressly modified in this Second Amendment or in the Prior Agreements, the terms, provisions and obligations of the Prior Agreements shall remain in full force and effect. Nothing in this Second Amendment is intended to modify other agreements not mentioned in this Second Amendment that affect the development of Gladden II, and the failure of this Second Amendment to mention such other agreements shall not affect their validity. 12. Notice. Article 11 ("Notices and Filings") of the Original GFII DA is modified by changing the address of the "Developer" to: GLADDEN PHASE II,LLC c/o CROWN WEST REALTY L.L.C. Attn: Dean Wingert, Vice President 333 E. Wetmore Road,Suite 250 Tucson, AZ 85705 13. Counterparts. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 14. Recitals. The Recitals set forth at the beginning of this Second Amendment are hereby acknowledged and confirmed to be accurate. 15. Good standing; authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Delaware and is authorized to do business in the state of Arizona.The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Second Amendment under applicable state laws. Each Party represents and warrants that the individual executing this Second Amendment on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 00057063.DOCX/6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 8- Marana Regular Council Meeting 10/16/2018 Page 141 of 146 16. Severability. If any provision of this Second Amendment is declared void or unenforceable, it shall be severed from the remainder of this Second Amendment,which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Second Amendment, this Second Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Second Amendment. 17. Governing law. This Second Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word"litigation" in the preceding sentence shall constitute a waiver of paragraph 9.5 of the Original GFII DA,requiring disputes to be resolved by binding arbitration. 18. Interpretation. This Second Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Second Amendment for purposes of construing any portion of this Second Amendment for or against any party. 19. Recordation. The Town shall record this Second Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 20. No representations of development. Except as specifically set forth in this Second Amendment, nothing contained in this Second Amendment shall be deemed to obligate the Town or the Developer to complete any part or all of the development of Gladden II. 21. Approval. If any Party is required pursuant to this Second Amendment to give its prior written approval,consent or permission,such approval,consent or permission shall not be unreasonably withheld or delayed. 22. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Second Amendment by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Second Amendment so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations;acts of public enemies;orders or restraints of any kind of government of the United States or any state thereof or any of their departments,agencies, or officials, or of any civil or military authority;insurrection;civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative 00057063.DOCX/6 6/8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 9- Marana Regular Council Meeting 10/16/2018 Page 142 of 146 their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 23. Conflict of interest. This Second Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the last date set forth below their respective signatures. The "Town": The"Developer": TOWN OF MARANA,an Arizona municipal GLADDEN PHASE II, LLC, a Delaware corporation limited liability company By: clGij/cEdHonea, Mayor By: Date:7/UI Frank J. Walter III Authorized Signatory A 1'1 EST:Date: 7/2 /1 4' GLADDEN PHASE II DEV,LLC, a Delaware s ife yn C. ronson, Town Clerk limited liability companyf APPROVED AS T FORM: B 16N -- Airifigarl r. C, sidy, Town orney Frank J. Walter III Authorized Signatory Date: 7/Z(/// 00057063.DOCX/6 6/ 8/2018 4:01 PM SECOND AMENDMENT TO THE GLADDEN FARMS II DEVELOPMENT AGREEMENT 10- Marana Regular Council Meeting 10/16/2018 Page 143 of 146 STATE OF NEW YORK ) ss County of New York ) The foregoing instrument was acknowledged before me on July 2 , 2018, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II, LLC, a Delaware limited liability company, on behalf of the LLC. Seal) AMBER SMOKE NOTARY PUBLIC-STATE OF NEW YORK No. 01 SM61 73220 Notary Public Qualified in Queens County STATE OF NEAMYORKissi0 Expires August 20, 201q ss County of New York ) The foregoing instrument was acknowledged before me on July 2018, by Frank J. Walter III, Authorized Signatory of GLADDEN PHASE II DEV, LLC, a Delaware limited liability company, on behalf of the LLC. 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